K1 HCMC Co-Sponsor

[JJtheJetPlane 2]

I know this has been asked before but I couldn't find any recent info using the search.

I have not worked for 3 years and am currently unemployed. Is HCMC denying most people using a Co-sponsor? I am planning on submitting the I-129F now and getting a job before the interview. Since I do not have a history of income will having a new job and a co-sponsor suffice? Am I likely to be denied because of a co-sponsor and only recent income?

 

Thanks to everyone for all the great information on this site.

Edited September 8, 2017 by JJtheJetPlane

[B E 3]

You have to provide your tax transcript for the year before you apply. From what I understand you won't be able to produce it with qualifying level of earnings. Finding a job before the interview to show pay stubs will not meet that requirement. Your only recourse will be a co-sponsor but he will have to produce all the necessary documents. On the other hand, if you can prove that you have enough money to retire, you may be able to get away with it. However, I would also question how you are going to support your fiancee in US if you cannot find a job after 3 years. Maybe you should rethink the whole thing. My VN girlfriend has been waiting for the last 10 years without any problem as life in VN is not bad at all. We talk everyday and I visit 1, 2 or 3 times a year. There will be a big drawback for the future filing if they deny your case once.

[WandY 430]

I agree with B E. You are going to have a tough time at the HCMC consulate interview. You need to land a steady job and work it for at least a year before attempting a K-1 interview in HCMC. I make a decent income and I was grilled about finances. I think things are getting tougher, and not having a job or good income is probably a tough sell to the consulate. My advice is to get a good job - or at least a full-time, steady one - and work long enough to file taxes. You may still need a co-sponsor, but that's OK and very common. How do you afford to travel to VN? You need to spend time with her in VN, and the consulate officers will want to know how you travel without any income. Your fiancee is not allowed to go on any U.S. welfare benefits while in the U.S. (until she is citizen). Be patient. The journey is long and difficult. But with a Vietnamese woman waiting for you...well, it's definitely worth it.

[JJtheJetPlane 2]

Thanks for the replies. The thing is I was teaching English in Vietnam and living with my girlfriend for the past year but without a work visa. So I cannot show any income from tax returns. Would it be better if we got married in Vietnam and get a CR1? Are the income requirements more lax?

[WandY 430]

12 minutes ago, JJtheJetPlane said:

Thanks for the replies. The thing is I was teaching English in Vietnam and living with my girlfriend for the past year but without a work visa. So I cannot show any income from tax returns. Would it be better if we got married in Vietnam and get a CR1? Are the income requirements more lax?

I don't know if CR-1 or K-1 is better - it's a personal choice. The CR-1 will give her a green card and the ability to work when she lands in the U.S. But it takes longer. I personally dislike the K-1 and think it's a little tougher to get past the interview. For you, the CR-1 route will give you time to establish a job/income in the U.S. and get more stable. And that's the thing the consulate looks at - stability.

[B E 3]

Ok. There is only one way and it requires preparation. Getting married will not help, it might even get more difficult and longer. Your only chance is to get a job now to be able to file income tax report with you income between September and December. Hopefully you will exceed the minimum poverty level required. The transcript will then be available upon request around May next year. The I-864 is not required to be presented with the I-129F, so you can send the I-129F prior to May next year. However, you cannot send it too early to make sure you have the 2017 transcript in hand when they will request it (let's say March 1st). The I-129F requires that you name all the places you worked for the last 5 years and lived since you were 18 years old. So you cannot hide the fact that you were in VN. It becomes tricky to say that you worked because I think you did not file a US income tax report. If you say you worked you recognize that you broke IRS Law. Big No-No, as they want to see that you are in compliance with US Tax law too with the transcript. So let's say it was through charity for a church organization (pagoda) and unpaid with free food and lodging. You are lucky that they now do not ask for more than one year of Tax transcript, otherwise they would cut you with your pants down. Getting married in VN is the worst idea unless you want to secure the lady. Mine has been waiting 10 years and she waited patiently, this is why we don't fight anymore and I am confident she is a good one, and decided to finally proceed.

I would advise you to take it easy, take your time, make her wait, arrange your life so you can support her when she will be here, unless you want to take the risk of seeing her looking down at you, not able to support her in the US while missing VN life and relatives, and risking a potential divorce

[JJtheJetPlane 2]

2 hours ago, B E said:

Ok. There is only one way and it requires preparation. Getting married will not help, it might even get more difficult and longer. Your only chance is to get a job now to be able to file income tax report with you income between September and December. Hopefully you will exceed the minimum poverty level required. The transcript will then be available upon request around May next year. The I-864 is not required to be presented with the I-129F, so you can send the I-129F prior to May next year. However, you cannot send it too early to make sure you have the 2017 transcript in hand when they will request it (let's say March 1st). The I-129F requires that you name all the places you worked for the last 5 years and lived since you were 18 years old. So you cannot hide the fact that you were in VN. It becomes tricky to say that you worked because I think you did not file a US income tax report. If you say you worked you recognize that you broke IRS Law. Big No-No, as they want to see that you are in compliance with US Tax law too with the transcript. So let's say it was through charity for a church organization (pagoda) and unpaid with free food and lodging. You are lucky that they now do not ask for more than one year of Tax transcript, otherwise they would cut you with your pants down. Getting married in VN is the worst idea unless you want to secure the lady. Mine has been waiting 10 years and she waited patiently, this is why we don't fight anymore and I am confident she is a good one, and decided to finally proceed.

I would advise you to take it easy, take your time, make her wait, arrange your life so you can support her when she will be here, unless you want to take the risk of seeing her looking down at you, not able to support her in the US while missing VN life and relatives, and risking a potential divorce

That's some great advice B E! To make enough I between now and December I don't think it will be possible for me. I usually make around $50,000 annually. I would have to make $20,300 in three months which would be hard. Do you think making $15,000 before the end of the year, proving that I make $50,000 annually at my new job and having a sponsor that makes over $200,000 annually would work or would I be in the same boat (denied)?

[B E 3]

Having a sponsor is not seen so bad if at least you can comply with the requirement of providing a transcript and some pay stub to show that you comply with tax law, paying your tax and that you do not owe anything to the US government (IRS), and you can support your wife with $50000 a year. Having a sponsor is not ideal but not so bad, if you can argue that the transcript does not represent a full year. It might work. Remember, the worst is to be denied as second chance is rare. So, make sure you have a sponsor that will not have cold feet after you apply because the consulate will give you all the chances to make things work unless you are cut lying (then it would be a death sentence). At the interview, if the 2017 transcript and the pay stubs of 2016 and 2017, with the W-2 are not enough, they will tell you to come back with the sponsor documents, (about 1 or 2 months later). People at the consulate are nice people but they have a process and you have to help them do their job by providing all the documents the law requires. I hope you can prove that you are in a relationship for a long time. A friend of mine was denied because he married a VN girl after only 6 months thinking that it would help to prove that he was serious. He had the wrong thinking because he did not know VN culture, Nobody in VN believe that somebody can fall in love so quick, unless it is a shame marriage, especially the Vietnamese guy who will be interviewing your girl. So, pictures taken when you met the girl with a date stamp is a must have, going back to as far as you can. You may have to set your camera to make sure you got the date stamp on the pictures with the proof that you were (legally) in Vietnam at the time (visa, airplane ticket, hotel receipt). Pictures of the relatives with you and your girl is also a nice to have (in fact, almost required to demonstrate that it is not a shame marriage and everybody knows about it). 

[JJtheJetPlane 2]

5 hours ago, B E said:

Having a sponsor is not seen so bad if at least you can comply with the requirement of providing a transcript and some pay stub to show that you comply with tax law, paying your tax and that you do not owe anything to the US government (IRS), and you can support your wife with $50000 a year. Having a sponsor is not ideal but not so bad, if you can argue that the transcript does not represent a full year. It might work. Remember, the worst is to be denied as second chance is rare. So, make sure you have a sponsor that will not have cold feet after you apply because the consulate will give you all the chances to make things work unless you are cut lying (then it would be a death sentence). At the interview, if the 2017 transcript and the pay stubs of 2016 and 2017, with the W-2 are not enough, they will tell you to come back with the sponsor documents, (about 1 or 2 months later). People at the consulate are nice people but they have a process and you have to help them do their job by providing all the documents the law requires. I hope you can prove that you are in a relationship for a long time. A friend of mine was denied because he married a VN girl after only 6 months thinking that it would help to prove that he was serious. He had the wrong thinking because he did not know VN culture, Nobody in VN believe that somebody can fall in love so quick, unless it is a shame marriage, especially the Vietnamese guy who will be interviewing your girl. So, pictures taken when you met the girl with a date stamp is a must have, going back to as far as you can. You may have to set your camera to make sure you got the date stamp on the pictures with the proof that you were (legally) in Vietnam at the time (visa, airplane ticket, hotel receipt). Pictures of the relatives with you and your girl is also a nice to have (in fact, almost required to demonstrate that it is not a shame marriage and everybody knows about it). 

Wonderful advice B E. Really appreciate it! We met almost two years ago and have been dating on and off for 1.5 years. I've spent 1.5 years in Vietnam in the past 3 years.I don't think I will have a problem proving the relationship is real. 

So if I get a job now, we should not use a sponsor at the first interview because I can show some income? I should wait until they say we need one? 

 

Thanks again,

J

[B E 3]

Get a job now even if it pays less than expected, to get the transcript in May 2018. Show up with all your pay stubs to demonstrate your yearly income.

Worst case, your girl will get blue slip telling you, not enough earnings and to get a co-sponsor. You might also get a co-sponsor up front with all the associated paperwork if you have one already to be on the safe side and avoid delays. Like I said, having a co-sponsor is not so bad. If you cannot get transcript, you will have no choice than to show up with a sponsor anyway, but be prepared to give an explanation as to why you are not making any money.and able to survive. Do you live off drug money, racketeering, extortion or mom's allowances? Personally, I would not apply without a transcript supported by W-2's, and would wait an extra year to avoid that kind of questions. If your girl cannot wait, it would be a red flag in my book that she is just a gold digger like so many in VN. Another advice, I have been told that when the man doesn't show up with the girl at the interview, the case is easily denied. One of the questions is usually, how many times did the man visited the girl and when. The right answer is at least 2 times in the last 2 years. So, this is another reason to not be too much in a hurry to apply. The first question will be how, where and when did you meet the first time. These questions are asked to verify if the relationship is genuine which is the main concern for the consulate. If you are Vietnamese origin, expect more scrutiny from the interviewer. The American officer and the Vietnamese translator at the window will usually not talk to you, but only to your girl.

[Seth And Quynh 77]

On 9/9/2017 at 9:44 AM, WandY said:

I agree with B E. You are going to have a tough time at the HCMC consulate interview. You need to land a steady job and work it for at least a year before attempting a K-1 interview in HCMC. I make a decent income and I was grilled about finances. I think things are getting tougher, and not having a job or good income is probably a tough sell to the consulate. My advice is to get a good job - or at least a full-time, steady one - and work long enough to file taxes. You may still need a co-sponsor, but that's OK and very common. How do you afford to travel to VN? You need to spend time with her in VN, and the consulate officers will want to know how you travel without any income. Your fiancee is not allowed to go on any U.S. welfare benefits while in the U.S. (until she is citizen). Be patient. The journey is long and difficult. But with a Vietnamese woman waiting for you...well, it's definitely worth it.

will i have trouble with my co-sponsor? I'm a Cr1 and i know that co-sponsors use a i864 form which is solid and legal binding 

[WandY 430]

4 hours ago, Seth And Quynh said:

will i have trouble with my co-sponsor? I'm a Cr1 and i know that co-sponsors use a i864 form which is solid and legal binding 

As long as the $$$ is at or above the limits, I think you will be OK. Are you working? Steady income? Education/training likely to help you with providing future support? They look at steadiness and short/long-term abilities. If you are going to school or in training, that's good. They want someone on the upswing, or at least on a steady keel.

[Seth And Quynh 77]

5 minutes ago, WandY said:

As long as the $$$ is at or above the limits, I think you will be OK. Are you working? Steady income? Education/training likely to help you with providing future support? They look at steadiness and short/long-term abilities. If you are going to school or in training, that's good. They want someone on the upswing, or at least on a steady keel.

Well i have a job and Finished my education but also i know that the i864 is legally binding so it would be more better than the i134

6 minutes ago, WandY said:

As long as the $$$ is at or above the limits, I think you will be OK. Are you working? Steady income? Education/training likely to help you with providing future support? They look at steadiness and short/long-term abilities. If you are going to school or in training, that's good. They want someone on the upswing, or at least on a steady keel.

I don't make enough that's why my dad filed with me i864A