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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hi,

We are so close yet so far here.....here is the situation:

- interview on 3/9/07 = got blue slip saying they needed 2006 tax return

- follow-up interview 4/17 = they somehow turned her away with only AND ONLY a verbal statement: "get married and come back with marriage paper..."

- after calling and talking to consulate, they advised to come in again as case was still pending...

- follow-up interview 4/18 = they gave back a blue slip at the 2nd interview round. The blue slip requires that i prove that i am a full time student and until then all of these will apply: i need to show that my financial situation improves SIGNFICANTLY and also until i can prove that i am full-time student a co-sponsor will not be considered.

There was a mistake now that i look at it in my 1040A return, the preparer state that my occupation was a studen, i guess they must have forgotten to change it therefore i have to deal with the consequecnes. Anyhoo, here is my real question: if i started work last year in the middle of the year and my overall salary is 26,000, that would ensure that i made 13,000 last year. Now i know that was below the 2006 poverty guideline if you count a household of 2 (fiance and myself). But my salary IS 26000, which is more than enough as required by the poverty guideline. And i also used my father as a co-sponsor because i knew with i MADE was not enough for the tax year 2006. So do i really have to wait to file 2007 with a salary and return stating that i made 26000? Does that completely make the fact that i used a co-sponsor moot? So what is the requirement for using a cosponsor in the first place? Can it only apply to those that are applying for K-1 as a student?

Filed: Country: Indonesia
Timeline
Posted

I am not familiar with the consulate you are dealing with, but can you bring an offer letter with starting date & annual salary to prove your point of working 1/2 year thus making 1/2 of the income ?

If you are still in that same job, you can bring the pay stubs you have received so far in 2007 to prove that you are employed with that amount of salary.

I am not familiar with the co-sponsor for your consulate.

Hopefully somebody else with experience from same consulate can chime in.

Good luck !

I-130

Jun 28 2004 : Received at NSC

Oct 25 2004 : Transferred to CSC

Oct 29 2004 : Received at CSC

Nov 8 2004 : Received response from CSC that my file is being requested & review will be done

Nov 10 2004 : Email & online status Approved

Nov 15 2004 : NOA 2 in mail

Dec 16 2004 : NVC assigns case number

Dec 20 2004 : NVC sent DS 3032 to beneficiary, copy of DS 3032 & I-864 fee bill to petitioner

Jan 3 2005 : Petitioner received copy of DS 3032 and I-864 fee bill. Post-marked Dec 23rd.

Jan 11 2005 : Beneficiary received DS 3032 in Indonesia

Jan 31 2005 : Sent DS 3032 to NVC

Feb 8, 2005 : NVC received DS 3032

Feb 21, 2005 : IV fee generated

Feb 25, 2005 : Sent I-864 fee bill

Feb 28, 2005 : I-864 fee bill delivered to St Louis

Mar 3, 2005 : IV fee bill received

Mar 7, 2005 : Sent IV fee bill

Mar 9, 2005 : IV fee bill delivered to St Louis

Mar 28, 2005 : I-864 fee credited against case.

April 6, 2005 : Received I-864 package

April 7, 2005 : Immigrant Visa fee credited against case.

April 11, 2005 : DS 230 is generated

Aug 12, 2005 : I-864 & DS 230 received by NVC

Sep 14, 2005 : RFE on I-864

Nov 3, 2005 : Checklist response received at NVC

Nov 25, 2005 : Case completion

Dec 9, 2005 : Police Cert requested from the Netherlands

Jan 12 2006 : Interview success - Approved !!

Jan 19 2006 : Visa & brown envelope picked up

Filed: Timeline
Posted

Sinh & Lien,

You can submit an amended tax return to show your correct occupation. A trivial thing to do from the IRS point of view, but you can do it if you want to eliminate the confusion about being a student or not.

It's not so clear why the consular officer thinks your income is insufficient. It's your current income that is most important, and you say that you provided some pay statements that show your current income is $26,000 on an annual basis? Did you also provide a letter from your employer giving your employment status and salary? (Such letter showing that your a full-time employee should also clear up the student confusion.)

Perhaps you need to submit a statement to the consular officer describing your situation and summarizing your financial information to show what you want it to show, rather than letting the consular officer assemble all the bits of information himself. Better still for you to go in person, if you can, to hear and respond first-hand to what the consular officer wants.

Yodrak

Hi,

We are so close yet so far here.....here is the situation:

- interview on 3/9/07 = got blue slip saying they needed 2006 tax return

- follow-up interview 4/17 = they somehow turned her away with only AND ONLY a verbal statement: "get married and come back with marriage paper..."

- after calling and talking to consulate, they advised to come in again as case was still pending...

- follow-up interview 4/18 = they gave back a blue slip at the 2nd interview round. The blue slip requires that i prove that i am a full time student and until then all of these will apply: i need to show that my financial situation improves SIGNFICANTLY and also until i can prove that i am full-time student a co-sponsor will not be considered.

There was a mistake now that i look at it in my 1040A return, the preparer state that my occupation was a studen, i guess they must have forgotten to change it therefore i have to deal with the consequecnes. Anyhoo, here is my real question: if i started work last year in the middle of the year and my overall salary is 26,000, that would ensure that i made 13,000 last year. Now i know that was below the 2006 poverty guideline if you count a household of 2 (fiance and myself). But my salary IS 26000, which is more than enough as required by the poverty guideline. And i also used my father as a co-sponsor because i knew with i MADE was not enough for the tax year 2006. So do i really have to wait to file 2007 with a salary and return stating that i made 26000? Does that completely make the fact that i used a co-sponsor moot? So what is the requirement for using a cosponsor in the first place? Can it only apply to those that are applying for K-1 as a student?

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Thanks for the response.

Well, i can have my tax preparer write and sign a letter stating his mistake. About the income, i own 50% of the corporation (the business, which is a C type corporation) so its not like i work for an employer. But i didn't start working until june '06 There i only earned half of my salary, which is 26k. I do have pay stubs and employer letter all submitted as part of my fiance's evidence, so i really confused. My current salary (just like last year) is still 26k. But obviously because i am working from the begining of the first quarter my actually take home earning is going to be 26k this year, i just dont have PRIOR tax returns to prove that i earn that much, but i do now??? so that is good enough??? I also had my father as a co-sponsor just in case....but it looks like they aren't listening to that for some odd reason....

Filed: Timeline
Posted (edited)

Sinh & Lien,

There are a few consulates that do not allow the petitioner to attend the interview, but most do allow it. I don't know about Vietnam - maybe check the Embassy Info.

In any event, the financial package is your contribution to the visa application. If you are not allowed to attend the interview in Vietnam perhaps you will be invited in if your fiancee tells the interviewer that you are outside and available to discuss the financial situation. Or go to the consulate during USC hours and ask how you can arrange to meet with the case officer to discuss the financials.

[EDIT] The embassy info says that you cannot attend the interview. That does make things more difficult, you may want to contact the consulate from the USA to find out what you can do to clarify the financial situation with the case officer before making a trip.

Yodrak

i did not know i could personally appear, i thought we were not allowed in the interview and only my fiance.
Edited by Yodrak
 
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