Qualifying for a family of 6

[drakos]

I grossed on 38,688 according to the summary on my w2, but it shows only 35177 in box 1. I don't get taxed on my 401k and cafe plan. Does the consulate recognize the actual gross? My employer will provide a letter of my current wage which will be higher for 2010, will that help. My assets are limited id probably estimate 10,000 to 15,000. I do have 30,000 in life insurance but it has no cash surrender, can that be listed on I134. I'm so worried They will reject me, I heard Vietnam does not allow Co sponsor of any type. I will get a second job if needed but want to return to Vietnam for her interview. Would my 2 children be considered partially dependent on me since since I recieve child support for them.

[C4Racer]

I grossed on 38,688 according to the summary on my w2, but it shows only 35177 in box 1. I don't get taxed on my 401k and cafe plan. Does the consulate recognize the actual gross? My employer will provide a letter of my current wage which will be higher for 2010, will that help. My assets are limited id probably estimate 10,000 to 15,000. I do have 30,000 in life insurance but it has no cash surrender, can that be listed on I134. I'm so worried They will reject me, I heard Vietnam does not allow Co sponsor of any type. I will get a second job if needed but want to return to Vietnam for her interview. Would my 2 children be considered partially dependent on me since since I recieve child support for them.

 

Forget about the W2. The poverty level figure is for your AGI (Adjusted Gross Income), this is for all sources of income. So, no you can not add the 401K back. The consulate is only concern with how much money you have available each year now to support any immigrants you are sponsoring. They look at three years back taxes AGI to establish your track record. A letter from your employer will not help in this case. I doubt it could hurt, but I bet they ignore it. However, this means it will include your child support received. Your two children would be considered full dependents and household members if they are claimed on your taxes.

So now I count 4; you, her and your two kids. Does she have two children of her own that would be coming? Your assets are not enough to be a consideration.

[warpedbored]

125% of the federal poverty guidelines for a family of six is $36912.50

http://www.uscis.gov/files/form/i-864p.pdf

They go by the gross income from your tax transcripts. If box one is $35177.00 then you are about $1800.00 short. If you have custody of your children and claim them on your income tax then they are part of your household and need to be listed on the I-134 and I-864. I take it your sweet heart has two children as well. If so your household size will be six. You will likely need a co-sponsor.

[drakos]

15,000 in assets will not cover less than 2,000 im short? Has anyone heard of a cosponsoring out of Vietnam(Saigon). I heard it was impossible. Wont a second job help? My fiancee plans to work when she gets here so that would actually be 3 jobs. I'm starting to pannic,any more advice would help.

[warpedbored]

15,000 in assets will not cover less than 2,000 im short? Has anyone heard of a cosponsoring out of Vietnam(Saigon). I heard it was impossible. Wont a second job help? My fiancee plans to work when she gets here so that would actually be 3 jobs. I'm starting to pannic,any more advice would help.

I doubt very seriously that you aren't allowed to have a co-sponsor for Vietnam. Perhaps you should contact attorney Marc Ellis. He is an immigration lawyer and lives there. He has handled many cases in Vietnam.

Marc Ellis [marcellislaw@gmail.com]

I'm curious, where did you hear that you can't have a co-sponsor for Vietnam?

[dnoblett]

15,000 in assets will not cover less than 2,000 im short? Has anyone heard of a cosponsoring out of Vietnam(Saigon). I heard it was impossible. Wont a second job help? My fiancee plans to work when she gets here so that would actually be 3 jobs. I'm starting to pannic,any more advice would help.

I doubt very seriously that you aren't allowed to have a co-sponsor for Vietnam. Perhaps you should contact attorney Marc Ellis. He is an immigration lawyer and lives there. He has handled many cases in Vietnam.

Marc Ellis [marcellislaw@gmail.com]

I'm curious, where did you hear that you can't have a co-sponsor for Vietnam?

OP is using Ellis.

 

A few points,

 

If have 15,000 in liquid assets then should be enough to make difference 15,000 will make up for 5,000 shortfall.

 

Also has not yet filed I-129F. The I-134 is needed at time of interview not when filing the petition, so has at least 9 months to bring income up to level, part time job perhaps.

[drakos]

15,000 in assets will not cover less than 2,000 im short? Has anyone heard of a cosponsoring out of Vietnam(Saigon). I heard it was impossible. Wont a second job help? My fiancee plans to work when she gets here so that would actually be 3 jobs. I'm starting to pannic,any more advice would help.

I doubt very seriously that you aren't allowed to have a co-sponsor for Vietnam. Perhaps you should contact attorney Marc Ellis. He is an immigration lawyer and lives there. He has handled many cases in Vietnam.

Marc Ellis [marcellislaw@gmail.com]

I'm curious, where did you hear that you can't have a co-sponsor for Vietnam?

It been posted all over the net, that Saigon does not allow co sponsors. I will contact Marc. I just cant believe I can gross close to 39,000 , my union contracts states my new raise for 2010 and 2011, documents I will provide wont even be considered. thanks for your response

[warpedbored]

Vietnam does allow a co-sponsor. I found this on the US consulate general Ho Chi Min web page under required documents for an I-134.

- Original Affidavit of Support Form I-134 and the specified financial documents. Form I-134 must be signed by the sponsor and notarized by a Notary Public no more than one year prior to the date of interview and include tax records for the past year and an official letter of employment (on company letterhead) signed within the past year or a valid business license. Submit one photocopy of the I-134 form for each applicant in your family. If you require a joint sponsor, the joint sponsor must submit all documents listed above plus proof of citizenship or LPR status, such as a U.S. birth certificate, naturalization certificate, or green card.

- Proof of your relationship with the petitioner and any derivative family members

Please note that although a K-1 visa petition is valid for a period of four months, a consular officer can revalidate the petition provided the officer concludes that the American citizen sponsor and the applicant remain legally free to marry and that they continue to intend to marry each other within three months of the alien¡¯s admission into the U.S.

 

http://hochiminh.usconsulate.gov/required_documents2.html

[dnoblett]

15,000 in assets will not cover less than 2,000 im short? Has anyone heard of a cosponsoring out of Vietnam(Saigon). I heard it was impossible. Wont a second job help? My fiancee plans to work when she gets here so that would actually be 3 jobs. I'm starting to pannic,any more advice would help.

I doubt very seriously that you aren't allowed to have a co-sponsor for Vietnam. Perhaps you should contact attorney Marc Ellis. He is an immigration lawyer and lives there. He has handled many cases in Vietnam.

Marc Ellis [marcellislaw@gmail.com]

I'm curious, where did you hear that you can't have a co-sponsor for Vietnam?

It been posted all over the net, that Saigon does not allow co sponsors. I will contact Marc. I just cant believe I can gross close to 39,000 , my union contracts states my new raise for 2010 and 2011, documents I will provide wont even be considered. thanks for your response

Note they will in the case of a spousal CR-1 or IR-1 visa because that type uses I-864 and I-864 allows for joint sponsors, and I-864 is handled by NVC in the USA and is not handled by the consulate, it is out of their hands.

 

In the case of I-134, technically this form is designed for only one sponsor, and in the case of K-Visa the petitioner must be sponsor, the consulate in Vietnam is playing hardball and sticking to the "Solo" sponsor aspect of the I-134. Most consulates allow a non petitioner to provide sponsorship, knowing that when the K-Visa holder enters the USA and adjusts status they can use a joint sponsor for adjustment of status.

[warpedbored]

I think you are mistaken Dan. Unless they publish one thing on their web page and practice another. Ho Chi Minh City is the only consulate that processes immigrant visas.

IMMIGRANT VISAS

All immigrant and fiancé(e) visa processing for persons resident in Vietnam are handled by the Immigrant Visa Unit of the Consular Section at the U.S. Consulate General in Ho Chi Minh City. For general visa information or updates on the status of a pending immigrant or fiancé(e) visa case, please visit http://hochiminh.usconsulate.gov/general_information3.html or contact the Information Unit at the Consulate General in Ho Chi Minh City by phone (84-8-822-9433), fax (84-8-824-5572), e-mail (hcmcinfo@state.gov), or mail (4 Le Duan Blvd., District 1, Ho Chi Minh City, Vietnam).

The information I posted above came from that consulate's web page.

[C4Racer]

I think you are mistaken Dan. Unless they publish one thing on their web page and practice another. Ho Chi Minh City is the only consulate that processes immigrant visas.

IMMIGRANT VISAS

All immigrant and fianc(e) visa processing for persons resident in Vietnam are handled by the Immigrant Visa Unit of the Consular Section at the U.S. Consulate General in Ho Chi Minh City. For general visa information or updates on the status of a pending immigrant or fianc(e) visa case, please visit http://hochiminh.usconsulate.gov/general_information3.html or contact the Information Unit at the Consulate General in Ho Chi Minh City by phone (84-8-822-9433), fax (84-8-824-5572), e-mail (hcmcinfo@state.gov), or mail (4 Le Duan Blvd., District 1, Ho Chi Minh City, Vietnam).

The information I posted above came from that consulate's web page.

 

My first thought would be yes they do. However, the word I read all over Visa Journey from those who have been through the process is that HCMC consulate does not allow cosponsors for the K1 visa for the majority of the time. Yes, every once in a blue moon, it seems they do, but it is not the normal practice of the VO's to accept. They say it is allowed for CR1 and IR1 visas. Glad to hear the OP will contact Marc Ellis. He will know what HCMC will and will not normally accept.

Edited January 31, 2010 by C4Racer (see edit history)

[warpedbored]

I think you are mistaken Dan. Unless they publish one thing on their web page and practice another. Ho Chi Minh City is the only consulate that processes immigrant visas.

IMMIGRANT VISAS

All immigrant and fianc�(e) visa processing for persons resident in Vietnam are handled by the Immigrant Visa Unit of the Consular Section at the U.S. Consulate General in Ho Chi Minh City. For general visa information or updates on the status of a pending immigrant or fianc�(e) visa case, please visit http://hochiminh.usconsulate.gov/general_information3.html or contact the Information Unit at the Consulate General in Ho Chi Minh City by phone (84-8-822-9433), fax (84-8-824-5572), e-mail (hcmcinfo@state.gov), or mail (4 Le Duan Blvd., District 1, Ho Chi Minh City, Vietnam).

The information I posted above came from that consulate's web page.

 

My first thought would be yes they do. However, the word I read all over Visa Journey from those who have been through the process is that HCMC consulate does not allow cosponsors for the K1 visa for the majority of the time. Yes, every once in a blue moon, it seems they do, but it is not the normal practice of the VO's to accept. They say it is allowed for CR1 and IR1 visas. Glad to hear the OP will contact Marc Ellis. He will know what HCMC will and will not normally accept.

So they publish one thing and do another. Typical con off behavior.

[warpedbored]

This just in, It appears the consulate in Ho Chi Minh City does publish one thing and do another. I asked Marc and he said unless something has changed they won't accept a joint sponsor for the I-134 because it isn't a binding contract like the I-864 which they will accept a joint sponsor for.

 

Drako, if you suspect you won't qualify on income you may be better off to marry first and file the I-130 for a CR-1 visa.

[dnoblett]

This just in, It appears the consulate in Ho Chi Minh City does publish one thing and do another. I asked Marc and he said unless something has changed they won't accept a joint sponsor for the I-134 because it isn't a binding contract like the I-864 which they will accept a joint sponsor for.

 

Drako, if you suspect you won't qualify on income you may be better off to marry first and file the I-130 for a CR-1 visa.

To add a note to the sugestion.

 

Unlike K-1 with it's dirivitive K-2 for children. CR-1 does not have a derivitive that is automatic, you need to file seperate petitions for each immigrant one for spouse and aditional ones for step children, also marriage must happen BEFORE child's 18th birthday to file visa petition for step child. The child will get CR-2 visa.