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TylerTrúc

Detailed K1 Co-sponsor Question

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I do not meet the income requirements because I was a student in 2014 and I only worked part time. Now I live in Vietnam and work here so none of my money is counted towards income in the US. It haven't heard a conclusive answer as to whether or not co-sponsors are allowed at HCMC, but it seems that you can also use family members as a source of income if you share the same address. I have family that are willing to be co-sponsors that have the same US address as me. It seems from the wording that the are thought of differently than a co-sponsor if they are part of your household. It seems that if a co-sponsor is not allowed, it would be impossible for someone living in Vietnam and not working for an American company to get a K1 visa. Thanks for your help.

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Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage: 2015-08-07

I-130 Sent : 2015-12-19

I-130 NOA1 : 2015-12-24

I-130 Approved : 2016-01-13

NVC Received : 2016-01-22

Received DS-261 / AOS Bill : 2016-02-02

Pay AOS Bill : 2016-02-03

Receive I-864 Package :

Send AOS Package :

Submit DS-261 : 2016-02-02

Receive IV Bill : 2016-02-05

Pay IV Bill : 2016-02-05

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I could be wrong, but this looks like the i-864. I believe the form you want for the k1 visa is the i-134f, if your fiance(e) hasn't entered the US yet. As for whether or not a co-sponsor is allowed, it depends on the CO. Technically theyre not obligated to accept a co-sponsor, however theyve been known to for some cases.

Edited by HungNhi

Filing for the I-129F for my fiancee in Vietnam!

I-129F Sent in : July 29, 2014 , 12:29 pm

Delivered : July 30th 2014, 10:59 am - signed by K. Cottrin

Check cashed: 08/04

NOA1 email and text: 08/04

NOA1 hardcopy / official Receipt Notice (Form I-797): 08/08, notice on form dated for july 30th

NOA1 A-Number assigned: 08/05

NOA2 email and text: 03/04/2015

NOA2 letter in the mail: 03/08/2015

NVC Ready: 03/24/2015

Police Record: 4/3

passport: 4/3

certificate of single: 4/13

package 3 : 4/13

DS-160: 4/13

Medical:

K1 Visa interview: 7/24

 

I-751 Sent/Accepted: Apr-13th/Apr-16th

Check Cashed:
Noa1:

Biometric:

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Your right, it looks like I filled out the wrong form. How far in the K1 visa process will I get before I know if I can have a co-sponsor?


Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage: 2015-08-07

I-130 Sent : 2015-12-19

I-130 NOA1 : 2015-12-24

I-130 Approved : 2016-01-13

NVC Received : 2016-01-22

Received DS-261 / AOS Bill : 2016-02-02

Pay AOS Bill : 2016-02-03

Receive I-864 Package :

Send AOS Package :

Submit DS-261 : 2016-02-02

Receive IV Bill : 2016-02-05

Pay IV Bill : 2016-02-05

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Your right, it looks like I filled out the wrong form. How far in the K1 visa process will I get before I know if I can have a co-sponsor?

At the interview, when they approve your petition.


maWqm5.png

ROC Journey

09 MAY 2017: Mailed I-751 to California Svc Center (CSC)

11 MAY 2017: I-751 package delivered to CSC

15 MAY 2017: NOA1 sent (got lost in the mail)

31 MAY 2017: Biometrics letter received

05 JUN 2017: Completed biometrics (walk-in)

23 JUN 2017: Received replacement copy of NOA1
 

ZjMTm5.png

N-400 Journey

14 MAY 2018: Mailed N-400 to Dallas Lockbox

17 MAY 2018: Delivered to Dallas Lockbox

04 JUN 2018: Received NOA1

08 JUN 2018: Received biometrics letter

21 JUN 2018: Completed biometrics

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At the interview, when they approve your petition.

Thanks for your reply. So I guess its more of a case by case basis, not just a yes or no to a co-sponsor. If the rest of my case is strong, and my co-sponsor is a close relative then I have a chance? Does money I make in Vietnam count for anything?


Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage: 2015-08-07

I-130 Sent : 2015-12-19

I-130 NOA1 : 2015-12-24

I-130 Approved : 2016-01-13

NVC Received : 2016-01-22

Received DS-261 / AOS Bill : 2016-02-02

Pay AOS Bill : 2016-02-03

Receive I-864 Package :

Send AOS Package :

Submit DS-261 : 2016-02-02

Receive IV Bill : 2016-02-05

Pay IV Bill : 2016-02-05

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It is a case-by-case basis. I have a friend who sponsored his wife from Vietnam and his sister was a co-sponsor on his petition. They got approved so it is possible.

I would go to the consulate website and fill out an online inquiry. Tell them your situation and see what they say. Sometimes you get a canned response but at least you'll know where you stand.

Edited by frontgear

maWqm5.png

ROC Journey

09 MAY 2017: Mailed I-751 to California Svc Center (CSC)

11 MAY 2017: I-751 package delivered to CSC

15 MAY 2017: NOA1 sent (got lost in the mail)

31 MAY 2017: Biometrics letter received

05 JUN 2017: Completed biometrics (walk-in)

23 JUN 2017: Received replacement copy of NOA1
 

ZjMTm5.png

N-400 Journey

14 MAY 2018: Mailed N-400 to Dallas Lockbox

17 MAY 2018: Delivered to Dallas Lockbox

04 JUN 2018: Received NOA1

08 JUN 2018: Received biometrics letter

21 JUN 2018: Completed biometrics

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So in your opinion would it be a good idea to accept a job in the US, sometime before the interview, that pays well over the income needed? I was originally planning to wait for her to get a visa to return to the US. Thanks for your help.


Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage: 2015-08-07

I-130 Sent : 2015-12-19

I-130 NOA1 : 2015-12-24

I-130 Approved : 2016-01-13

NVC Received : 2016-01-22

Received DS-261 / AOS Bill : 2016-02-02

Pay AOS Bill : 2016-02-03

Receive I-864 Package :

Send AOS Package :

Submit DS-261 : 2016-02-02

Receive IV Bill : 2016-02-05

Pay IV Bill : 2016-02-05

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Accepting a job doesn't do much. Anyone could write you an acceptance letter. Remember that HCMC has a high fraud history. The bar is much higher.

A close (immediate family) relative is your only shot.

If you were married then it is a whole different ballgame because the I-864 is used and there are provisions for joint sponsors.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Accepting a job doesn't do much. Anyone could write you an acceptance letter. Remember that HCMC has a high fraud history. The bar is much higher.

A close (immediate family) relative is your only shot.

If you were married then it is a whole different ballgame because the I-864 is used and there are provisions for joint sponsors.

Just to clarify, I wasn't just talking about accepting a job but actually starting the job and working in the US. I could bring current pay stubs at the time of the interview to show my weekly income. I have a job already lined up when I return.

Also what do most people that live in Vietnam do about a K1 visa since they don't have income in the US?


Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage: 2015-08-07

I-130 Sent : 2015-12-19

I-130 NOA1 : 2015-12-24

I-130 Approved : 2016-01-13

NVC Received : 2016-01-22

Received DS-261 / AOS Bill : 2016-02-02

Pay AOS Bill : 2016-02-03

Receive I-864 Package :

Send AOS Package :

Submit DS-261 : 2016-02-02

Receive IV Bill : 2016-02-05

Pay IV Bill : 2016-02-05

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It makes much more sense ( pertaining to immigration) to be married if the USC is living in VN for that very reason. The CR-1/IR-1 uses the I-864. That is what you will file after marriage in support of Adjustment of Status.

If you've got enough assets in the US then the I-134 isn't a problem. Younger people often don't have $60K liquid assets,

If you have moved back, have a job and a place to live, then you should be ok.

The marriage also shows more of a commitment than just an engagement. You/we are fighting the long history of visa fraud here. So the bar is much higher.

You having spent time here and presumably knowing each other better will be in your favor for the K1.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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It makes much more sense ( pertaining to immigration) to be married if the USC is living in VN for that very reason. The CR-1/IR-1 uses the I-864. That is what you will file after marriage in support of Adjustment of Status.

If you've got enough assets in the US then the I-134 isn't a problem. Younger people often don't have $60K liquid assets,

If you have moved back, have a job and a place to live, then you should be ok.

The marriage also shows more of a commitment than just an engagement. You/we are fighting the long history of visa fraud here. So the bar is much higher.

You having spent time here and presumably knowing each other better will be in your favor for the K1.

Thanks anh map. I see there are a lot of compelling reasons to go for a CR-1 visa over a K-1, but I do have reasons why I would prefer a K1 over a Cr-1 if there is a reasonable chance of approval.

I feel like there shouldn't be much trouble proving a legitimate relationship.

I am also wondering about the paperwork. I still have an address in the US which I guess is considered my permanent address. I also have an apartment here and have been here for the last 6 months. I am not sure which address to put on all the paperwork.

I see you live in Binh Duong. I am in Thu Duc so were are actually pretty close to each other.


Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage: 2015-08-07

I-130 Sent : 2015-12-19

I-130 NOA1 : 2015-12-24

I-130 Approved : 2016-01-13

NVC Received : 2016-01-22

Received DS-261 / AOS Bill : 2016-02-02

Pay AOS Bill : 2016-02-03

Receive I-864 Package :

Send AOS Package :

Submit DS-261 : 2016-02-02

Receive IV Bill : 2016-02-05

Pay IV Bill : 2016-02-05

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So after a lot of thinking and research I have decided to go with the marriage visa. I decided its not worth the risk to go with the K1. Is it best to list my address in VN or my address in the US on the i-130 for my current address?


Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage: 2015-08-07

I-130 Sent : 2015-12-19

I-130 NOA1 : 2015-12-24

I-130 Approved : 2016-01-13

NVC Received : 2016-01-22

Received DS-261 / AOS Bill : 2016-02-02

Pay AOS Bill : 2016-02-03

Receive I-864 Package :

Send AOS Package :

Submit DS-261 : 2016-02-02

Receive IV Bill : 2016-02-05

Pay IV Bill : 2016-02-05

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VN address will get you a DCF of sorts. Your file (typically) gets passed on to the Consulate much more quickly.

I think that you are making the right choice as far as immigration is concerned. Stronger "story" for the interview, joint sponsorship (if needed) is not a problem, fewer steps (no adustment of status) after US entry, immediate work authorization.

I don't think that I will ever need to, but I would never do the K1 again vs. CR/IR-1.

Best of luck!


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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