How do I describe my very strange employment situation?

[Matt_Stevens 5]

OK, my situation is as follows... How can I make sure the extremely tough Consulate in HCMC understands why I am not "working" a traditional job right now so that they do not see I have a co-sponsor and just throw me away without due consideration?

Forgive me for this being long, but it's so complicated... In July of 2004 I was let go my employer, who's business was collapsing. He could no longer afford to pay me (I was making good money).

At the same time my writing career, which had always gone nowhere, suddenly had a bright spot as I was offered a job to write a screenplay. I accepted, got my up front fee, which was not all that large, and began the task of writing, which would take at least one year.

Meanwhile, my wife and I start divorce proceedings. In the Fall of 2004 my grandfather died. My grandmother, who had Alzhiemer's, was now alone. My family asked me if I could take my laptop to her place each day and do my writing there so that she was not alone. They would pay me some money under the table if I did. I agreed. Can't report that money, remember.

OK, now it is Spring of 2005. My divorce finalizes. My wife moves out of our house, which I end up having to sell to my parents to keep because no bank would approve me for a mortgage by myself. My family asks me if my grandmother can move into my place and rent. That would pay for utlilities and part of the mortgage. OK, I agree. So now I am her caregiver and believe me, I AM caring for her. It's a hard job.

Fast forward to now. The screenplay is finished. The film is 75% financed. We hope to have 100% at the Cannes film festival this May. If that happens, I get another paycheck, with more to come if the film gets made. But I have made very little on this so far. Well below "poverty" level.

I have also been hired to ghost write a biography, for little up front and if that thing gets a publisher, which it looks like it might, more money comes in. But that is going to be AFTER my fiancee's interview, for sure.

Basically, for a year and a half I have cared for my grandmother. Her "estate" buys food for us and pays the mortgage at this house (which is not longer officially my own). I have made a considerable amount of money through eBay the last year selling off ####### I don't want or need and that has fully financed my trips to Europe where I met my fiancee and my upcoming trip to Vietnam.

HOW DO I EXPLAIN THIS?!?!?!!!! Seriously. Without a letter from me detailing some of this I think they will look at my "unemployment" of the last year + and just say NO WAY and that's that. It does look bad until you examine what's been going on. No way can I claim the under the table money because that will force me into bankrupcy. No, it is impossible for the IRS to ever know about it unless one of you reports me, so I hope that wouldn't happen.

Sorry for such a long winded post, but I figure you guys klnow more than me, so why not just put my ego asside and fill you in on the gory details.

By the way, the writing has had its share of perks. Many a celebrity I have met in the last 18 months. Many front row tickets to sporting events and such have been given to me as perks. So it's not a BS dream this thing. But in this business, unless you are a well known writer, you work for "Spec" and wait to get paid when the money is in escrow for the film. That's the way it is, at least until you are a WGA member.

[dalegg 143]

HOW DO I EXPLAIN THIS?!?!?!!!! Seriously. Without a letter from me detailing some of this I think they will look at my "unemployment" of the last year + and just say NO WAY and that's that. It does look bad until you examine what's been going on.

Honestly, even when I examine this it doesn't look that good (sorry). Even though your writing career may be starting to take off, one paycheck does not establish stability. Maybe if you had a large savings account it would be better for you. I guess your grandmother would have to be willing to put your name on her estate to pull this off.

You are in a heck of a situation Matt. At least you know that going in so if it doesn't go great in the end you won't be in shock. I've known some guys here that had no idea they were in for trouble until the day of the interview and were devastated. Of course that doesn't help when you aren't with your fiance, but you are somewhat mentally prepared already. There is no sugar coating this, you are in a risky situation.

[Matt_Stevens 5]

What sucks is that were this a case in any other country, my co-sponsor would be all that's needed. But because it is HCMC, Anh and I are pretty much ******. How we will handle a seperation that could last to late 2007 or MORE is beyond me.

I've made good money all of my life, but starting with my divorce I decided to make changes in my life and go for my dream and it's coming along, but slowly. And as a result I may end up keeping the love of my life stuck in her home country for a very long time.

I wish I had an idea of when her interview would be. How many months would I need a so called "REAL" job so that they can see I am "stable" enough to pay for my fiancee's needs?

[JayJay 4]

Well I don't know how this would apply to your situation, but when Ben and I filed for AOS (I was on a temp visa at the time, so it was the 1st time), he had ahradly worked at all for that entire year, and so was well under the poverty level (he'd been really sick ). We used a co-sponsor, and filed.

Now at the time of interview, which was last week, Ben'd been in a stable job since last September, and I had been in a stable job since January - we'd brought along all teh wage slips etc to show, and the additional sponsor was removed, we were allowed to proceed all on our won, which was heartening! So I mean, that was our situation - and so technically I guess, by the time of the interview, Ben had been in the job for what...just over 6 months.

I ahve no idea if that'd help you at all - I'm not sure how the thing works with a K visa, whether it's similar or different, but in terms of length of emplyment time considered to be "stable", I guess 6 months worked for them.

Hopefully someone will come along and brighten things up a little here - just don't panic, because there are always ways around things

[Bruce and Han 0]

What sucks is that were this a case in any other country, my co-sponsor would be all that's needed. But because it is HCMC, Anh and I are pretty much ******. How we will handle a seperation that could last to late 2007 or MORE is beyond me.

I've made good money all of my life, but starting with my divorce I decided to make changes in my life and go for my dream and it's coming along, but slowly. And as a result I may end up keeping the love of my life stuck in her home country for a very long time.

I wish I had an idea of when her interview would be. How many months would I need a so called "REAL" job so that they can see I am "stable" enough to pay for my fiancee's needs?

Matt,

I dont know if you need show how many months you are working, you just need to prove the fact that you "ARE" working and making the requierd amount that shows she will not be a public charge. I believe that the more supporting documents she has in her hand when she walks into that interview will be much stronger than not having anything but just a co-sponcer and no job. You can send her paycheck stubbs, employee letter, and save what you can then send her the bank letter. You still have about 2-3 months possibly before her interview. It's better than nothing, but you need to act fast about getting "Real" job.

[Matt_Stevens 5]

What's very complicated is that I am going to Vietnam the last two weeks of May, so no empoyer will hire me before then. But I am also moving in July. I'll delay that as long as I can, of course, since I need to.

Looks like I picked the wrong week to quit drinking!

[syee999 0]

What sucks is that were this a case in any other country, my co-sponsor would be all that's needed. But because it is HCMC, Anh and I are pretty much ******. How we will handle a seperation that could last to late 2007 or MORE is beyond me.

I've made good money all of my life, but starting with my divorce I decided to make changes in my life and go for my dream and it's coming along, but slowly. And as a result I may end up keeping the love of my life stuck in her home country for a very long time.

I wish I had an idea of when her interview would be. How many months would I need a so called "REAL" job so that they can see I am "stable" enough to pay for my fiancee's needs?

Matt,

I dont know if you need show how many months you are working, you just need to prove the fact that you "ARE" working and making the requierd amount that shows she will not be a public charge. I believe that the more supporting documents she has in her hand when she walks into that interview will be much stronger than not having anything but just a co-sponcer and no job. You can send her paycheck stubbs, employee letter, and save what you can then send her the bank letter. You still have about 2-3 months possibly before her interview. It's better than nothing, but you need to act fast about getting "Real" job.

Hi Matt,

Yes, I agree with all of you, having a co-sponsor can't help your case. Consulate Officer wouldn't consider co-sponsor's income for k-1 visa. They rely primary on the petitioner's income! That's why my case got rejected. Just try your best to get a job and show your financial improvement that's what matters.

[Matt_Stevens 5]

I'll have to find something, anything immediately upon returning from Vietnam May 30. Hopefully I can have something lined up before I get back. The job market SUCKS where I am at though.

[dalegg 143]

Keep your eye on this one. His interview is in a couple of weeks.

yellow123's situation

Edited April 3, 2006 by dalegg

[Matt_Stevens 5]

Thanks for the heads up. Hope he has a co-sponsor. Not that it would matter, of course.

[dalegg 143]

Thanks for the heads up. Hope he has a co-sponsor. Not that it would matter, of course.

That's thinking positive.

[Matt_Stevens 5]

That's me. Mr. Positive.

[aussiewench 9]

Matt

I would detail all that you stated in your original post in a statement in affidavit form as outlined in the I-134 pinned thread in the Foreign Embassy forum. It sure as hell is not going to hurt any. Id skip the bit about the under the table money though Include evidence to back everything up.

I wouldnt be going so far as to say that ALL K visas will be denied the use of a joint-sponsor. It seems from the many posts that I have been reading that it very much depends on the circumstances and it is ultimately up to the Conof conducting the interview to take in the totality of circumstances in reaching a finding regarding the public charge issue.

Lorelle

[Bruce and Han 0]

That's me. Mr. Positive.

Matt,

Did your petition arrive to HCMC yet? It should be there by now.

[Matt_Stevens 5]

I have no idea because they won't answer my email.