I-134 form

[romanlinh 0]

Hey guys,

1) Family friend and lawyer recommended that we submit our I-134 along with our I-129f. What do you guys think? This seems to be contrary to what most people here are saying.

2) I live here with my fiance so I have virtually no assets or salary in the USA (some but almost negligible). My mother or father will co-sponsor my fiance and they will attach the relevant supporting documents including the tax statements and a consular letter from the bank. My question is: should I try to get a consular letter from my bank in the USA? Or should I write $0 for everything (on my I-134) and maybe include a letter explaining that I work abroad. I can get my tax statements easily (USA tax statements, I have no idea about Vietnam but I am legally employed here), but I am just unsure if I can or even need to get more supporting evidence considering I have virtually nothing to my name.

3) Do you think this will pose a problem, or do they look at the sponsor and co-sponsor equally?

Thanks!

Edited December 27, 2015 by romanlinh

[NikLR 13,227]

No. The I-134 goes to the interview with the foreign fiancé. Sending it early is a waste of time.

Edited December 27, 2015 by NLR

[jnguyen1025 2]

So that I understand your situation clearly and be able to advise you accordingly, you are a U.S. Citizen working abroad in VN currently intending to marry a Vietnamese girl, who is also currently living in VN.

Will you both return to the U.S. after marriage? If you're already living together now, what is the purpose of the petition? That would probably be their number one question as most of these k1 petitions are lovers trying to be unite in a single location.

The rule of thumb is to provide only what is needed and when required, with the exception of the proof of relationship. The initial submission is only reviewed by USCIS in the U.S. It'll be a waste of time to submit early as it is not required until time of interview.

Your financial situation is a little complicated, but since you are working abroad, they'll likely want proof of your income from VN. Not sure how you would do that since they don't have a tax filing system like in US. I-134a and b would then come from your local bank and employer in VN. Unless you are self employed, I have no idea how to proceed there. You can call or email the consulate directly with inquiries once you reach package 3. They'll give you further clarification.

If your parents are co-sponsors, then all the same stuff for I-134 would apply to them. But again, deal with it when time comes. Don't submit early.

The purpose of I-134 is to ensure that your fiancé does not become a financial burden to the U.S. The income requirement is set at federal poverty level. There is a grid on USCIS website, for household of two is something like $25k annually. It's very low.

Hope this info help. Good luck.

[Anh map 2,098]

No. The I-134 goes to the interview with the foreign fiancé. Sending it early is a waste of time.

For people going through Ho Chi Minh city things are very different. Front loading and sending as much as possible is strongly advised.

[Anh map 2,098]

For what it's worth, having done the K visa I would never do it again. I'd get married and then do the spouse visa. It saves money, filing, and waiting once entering the US. Your spouse will be work eligible upon entry as well as it would be easier to enroll in school if that was an interest. Plus is makes an even stronger case of a bona fide relationship.

Do a lot of reading here in the VN regional forum to prepare for the "adventure" ahead. Don't spend time reading about experiences at other embassies/consulates as HCMC is regarded as one of the more difficult. Front loading your filing (supplying as much information as you can) has been a recommended practice for many years. This gives the adjudicating officer in HCMC an opportunity to review all the evidence prior to the interview. Given the high fraud reputation at HCMC, this can save RFE delays and stress.

If you've been working in VN you may still have been required to file US tax returns (US taxes on worldwide income) even if you owe no tax. This will certainly come into play with the form I-864 at Adjustment of Status phase. If that applies to you, begin getting it sorted out now so you won't have to scramble later on.

Compose a timeline letter covering the entirety of your relationship and include it in your submission along with other evidence of your relationship from beginning to present. As you live in VN there won't be the usual boarding passes, etc. Copies of your visa(s), resident card will show that you are here. A rental agreement, work contract, etc. shows that you are living here. Photos together (especially with her family), evidence of a Dam Hoi/Din Hon, etc. are good to send. The engagement ceremony is a biggie.

Don't go in there unprepared. HCMC has not been an easy place to secure a K visa. Living here and spending a lot of time together makes it easier.

[NikLR 13,227]

front loading is different than sending a form that's entirely not needed.

I agree that a spousal visa would be better.

[romanlinh 0]

Hey thanks for the replies,

Will you both return to the U.S. after marriage? If you're already living together now, what is the purpose of the petition? That would probably be their number one question as most of these k1 petitions are lovers trying to be unite in a single location.

1) We live together here, but I want to bring her to the US to get married. After that I plan to go to college in the US and not return to Vietnam. I thought this was the purpose of a K-1 Visa? Can't she apply to stay once we are officially married?

2) Would it be highly suspicious if we choose to not have the engagement ceremony? We have traveled together many times, outside and inside Vietnam. We have tons of photos from our 2 year relationship (with my family, her family, on vacation etc) and we really are planning to get married within 90 days of coming to the US but I just personally wanted to avoid dealing with as much of Vietnam as possible. That being said her family is awesome so I wouldn't mind spending time with them for TET and doing the ceremony there.

3) I came to Vietnam fresh out of college so I am just an English teacher here. My salary isn't that high (not too bad but I'm not sure if it covers the minimum). So I was thinking if its best to simply write $0 for everything on my I-134 and include relevant supporting documents from my co-sponsor (father) who is above the minimum. Basically I'm worried that getting the information will be more trouble than its worth because its essentially peanuts.

4) Any idea how I would get proof of income or anything like that here in Vietnam?

5) Is it really an uphill battle to get her to stay and attend college/work if we come in on a K-1 visa (fiance) VS a K-3 visa (spousal)??

Thanks for reading!

[Anh map 2,098]

front loading is different than sending a form that's entirely not needed.

I agree that a spousal visa would be better.

For HCMC it is. Joint sponsors for K visas are not readily accepted there. Different embassy, different practices.

[Anh map 2,098]

Lying on the immigration forms can lead to big problems. So better to do it right than cause delays, stress, etc. The HCMC consulate knows the drill, so you really won't be sliding anything past them.

They expect to see the engagement ceremony. It's part of showing a bona fide relationship.

[romanlinh 0]

Well its not lying, but I see how it can be seen as morally ambiguous. We really are engaged, I proposed to her, and we really want to come to the US for the purpose of marriage.

Do you know if my father can sponsor her as the sole sponsor?

Are you saying they will not accept a co-sponsor, or they do not like to? The consulate website seems to indicate that they will at least not reject it straightaway and will consider it.

If they will not, what am I supposed to do?

[romanlinh 0]

One of the reasons I am asking about my Vietnamese income is because the I-134 form seems to ask only about an employer in the US, it doesn't even give me the opportunity to write an employer anywhere else.

[NikLR 13,227]

K3 is obsolete. It would be a CR1.

[frontgear 194]

Well its not lying, but I see how it can be seen as morally ambiguous. We really are engaged, I proposed to her, and we really want to come to the US for the purpose of marriage.

Do you know if my father can sponsor her as the sole sponsor?

Are you saying they will not accept a co-sponsor, or they do not like to? The consulate website seems to indicate that they will at least not reject it straightaway and will consider it.

If they will not, what am I supposed to do?

One of the reasons I am asking about my Vietnamese income is because the I-134 form seems to ask only about an employer in the US, it doesn't even give me the opportunity to write an employer anywhere else.

Your parent can be a co-sponsor on your I-134 form. I have friends who sponsored their fiancees and wives using co-sponsor(s) so it is allowed. However, be prepared because anything is possible when it comes to immigration, especially when it is Vietnam.

Question #7 on the I-134 allows you to write in your employer info in VN. I would just ignore the State/Zip fields and attach an additional page if required.

[TylerTrúc 1]

You should consider a spousal visa. I have heard that they don't always allow co-sponsors for the fiancee visa.

[mccorleone 12]

Submit a signed I134 with the original I-129F! Then when the interview comes, sign another I-134 with a date closer to the interview. That's the best way to go, whether that I-134 is or is not needed with the initial I-129F... BUT you make that choice! Here's another good tip for you: When your fiance goes to get the medical in VN, make sure to demand that damned DS2050 from them so you can file it with your AOS in the US.