k1 VISA questions from VIETNAM - WEIRD SITUATION

[ILoveTan 0]

Ok, I am typing this from Vietnam, head over heels IN LOVE. I am a white american woman who has never been in love before - I am your standard "boss" type - too busy for love and dating, blah blah blah. Men have called me a "cold fish" because I really was never into romance, sex or dating. I love learning, writing, travel. I learned the Vietnamese language as a brain-teaser hobby and love the people and culture. I just came here on vacation and am now having the storybook romance of a lifetime with a short, way too tan (hence his nickname "TAN"), vietnamese boy. I feel like I am inside a movie, I thought all those love films were just for entertainment, I never felt like that before. Not to mention that he is the first man on the planet to turn me from a cold fish into a HOT VOLCANO. :-) hehehehehehe! So enough sappy gush... here is the dilemmas, I hope someone can help me.

OF COURSE, I want to marry him, show him america. He is funny with loads of potential and no opportunity here. He could do great things in America, and we literally have a blast together...lose our voice every night from laughing too much. We are both shocked to have fallen in love (he also said he would never get married, much to his parents disapproval, he is a bit of a rebel and free thinker here) but since the stupid governments don't care about matters of the heart, here is me ON PAPER:

My fiances are a problem. I filed normal taxes for 2005 and 2006 but nothing for 2007 as I did not work. I didn't need to. My grama died leaving me $50,000 and my mom was giving me money on the side. During that year I wrote a book that is due out in a few months (and according to all sources) will make SERIOUS $$$$$ - in the very rich territory. But according to some lawyers, even if I am millionaire, that isnt good enough, you have to show tax returns for every year... SO STUPID. Co-signers are a strike against you and since a falling out with my mom, I dont know anyone who would sign... maybe her, but she is really angry with me now and I she totally wont understand my loving a viet man. She is really old in her mind, if you catch my drift. White people stay with white people (in her mind) and that is really why we had a falling out, I hate the way she thinks. Rich should only marry rich... I was always a "rich kid" - so loving a poor viet man - too much for her pea brain. To quote Shakespere - "Love looks not with eyes, but with mind and heart" Oh well, some people will never learn....

But on paper, I seem like a big loser.... even showing a million dollars means nothing, they want steady proof of normal income, like if I worked at McDonalds it would be better than writing a bestselling novel. ARGH! There must be something I can do?! I dont want to make a mistake here... I honestly would kill myself if I couldnt bring him. We are beyond soulmates. I dont even want to go back to america because I would miss him that much. We have been together 24/7 for months already but I have to get back to my home and work....aaaaaaaaaah. I am so scared and vietnam is the hardest country to work with.... if only I could talk to them DIRECTLY and not just be a form they stamp. This money thing is our obstacle.... sometimes they wont even approve a co-signer. WHAT CAN I DO? Is there a way around this? Will hiring a lawyer help??? I NEED SOME ADVICE.

Thank you all and please feel free to email me at LindaChaidez@yahoo.com

tall, white, rich american Linda *crazy in love* with my short, poor, tan, vietnamese man :-)~~ hehehehe

[✿Ice Rain✿ 0]

Ok, I am typing this from Vietnam, head over heels IN LOVE. I am a white american woman who has never been in love before - I am your standard "boss" type - too busy for love and dating, blah blah blah. Men have called me a "cold fish" because I really was never into romance, sex or dating. I love learning, writing, travel. I learned the Vietnamese language as a brain-teaser hobby and love the people and culture. I just came here on vacation and am now having the storybook romance of a lifetime with a short, way too tan (hence his nickname "TAN"), vietnamese boy. I feel like I am inside a movie, I thought all those love films were just for entertainment, I never felt like that before. Not to mention that he is the first man on the planet to turn me from a cold fish into a HOT VOLCANO. :-) hehehehehehe! So enough sappy gush... here is the dilemmas, I hope someone can help me.

OF COURSE, I want to marry him, show him america. He is funny with loads of potential and no opportunity here. He could do great things in America, and we literally have a blast together...lose our voice every night from laughing too much. We are both shocked to have fallen in love (he also said he would never get married, much to his parents disapproval, he is a bit of a rebel and free thinker here) but since the stupid governments don't care about matters of the heart, here is me ON PAPER:

My fiances are a problem. I filed normal taxes for 2005 and 2006 but nothing for 2007 as I did not work. I didn't need to. My grama died leaving me $50,000 and my mom was giving me money on the side. During that year I wrote a book that is due out in a few months (and according to all sources) will make SERIOUS $$$$$ - in the very rich territory. But according to some lawyers, even if I am millionaire, that isnt good enough, you have to show tax returns for every year... SO STUPID. Co-signers are a strike against you and since a falling out with my mom, I dont know anyone who would sign... maybe her, but she is really angry with me now and I she totally wont understand my loving a viet man. She is really old in her mind, if you catch my drift. White people stay with white people (in her mind) and that is really why we had a falling out, I hate the way she thinks. Rich should only marry rich... I was always a "rich kid" - so loving a poor viet man - too much for her pea brain. To quote Shakespere - "Love looks not with eyes, but with mind and heart" Oh well, some people will never learn....

But on paper, I seem like a big loser.... even showing a million dollars means nothing, they want steady proof of normal income, like if I worked at McDonalds it would be better than writing a bestselling novel. ARGH! There must be something I can do?! I dont want to make a mistake here... I honestly would kill myself if I couldnt bring him. We are beyond soulmates. I dont even want to go back to america because I would miss him that much. We have been together 24/7 for months already but I have to get back to my home and work....aaaaaaaaaah. I am so scared and vietnam is the hardest country to work with.... if only I could talk to them DIRECTLY and not just be a form they stamp. This money thing is our obstacle.... sometimes they wont even approve a co-signer. WHAT CAN I DO? Is there a way around this? Will hiring a lawyer help??? I NEED SOME ADVICE.

Thank you all and please feel free to email me at LindaChaidez@yahoo.com

tall, white, rich american Linda *crazy in love* with my short, poor, tan, vietnamese man :-)~~ hehehehe

Hi,

Just prepare the necessary documents you will need when u file 129-f... and goodluck, you can make it..

[pushbrk 12,212]

Ok, I am typing this from Vietnam, head over heels IN LOVE. I am a white american woman who has never been in love before - I am your standard "boss" type - too busy for love and dating, blah blah blah. Men have called me a "cold fish" because I really was never into romance, sex or dating. I love learning, writing, travel. I learned the Vietnamese language as a brain-teaser hobby and love the people and culture. I just came here on vacation and am now having the storybook romance of a lifetime with a short, way too tan (hence his nickname "TAN"), vietnamese boy. I feel like I am inside a movie, I thought all those love films were just for entertainment, I never felt like that before. Not to mention that he is the first man on the planet to turn me from a cold fish into a HOT VOLCANO. :-) hehehehehehe! So enough sappy gush... here is the dilemmas, I hope someone can help me.

OF COURSE, I want to marry him, show him america. He is funny with loads of potential and no opportunity here. He could do great things in America, and we literally have a blast together...lose our voice every night from laughing too much. We are both shocked to have fallen in love (he also said he would never get married, much to his parents disapproval, he is a bit of a rebel and free thinker here) but since the stupid governments don't care about matters of the heart, here is me ON PAPER:

My fiances are a problem. I filed normal taxes for 2005 and 2006 but nothing for 2007 as I did not work. I didn't need to. My grama died leaving me $50,000 and my mom was giving me money on the side. During that year I wrote a book that is due out in a few months (and according to all sources) will make SERIOUS $$$$$ - in the very rich territory. But according to some lawyers, even if I am millionaire, that isnt good enough, you have to show tax returns for every year... SO STUPID. Co-signers are a strike against you and since a falling out with my mom, I dont know anyone who would sign... maybe her, but she is really angry with me now and I she totally wont understand my loving a viet man. She is really old in her mind, if you catch my drift. White people stay with white people (in her mind) and that is really why we had a falling out, I hate the way she thinks. Rich should only marry rich... I was always a "rich kid" - so loving a poor viet man - too much for her pea brain. To quote Shakespere - "Love looks not with eyes, but with mind and heart" Oh well, some people will never learn....

But on paper, I seem like a big loser.... even showing a million dollars means nothing, they want steady proof of normal income, like if I worked at McDonalds it would be better than writing a bestselling novel. ARGH! There must be something I can do?! I dont want to make a mistake here... I honestly would kill myself if I couldnt bring him. We are beyond soulmates. I dont even want to go back to america because I would miss him that much. We have been together 24/7 for months already but I have to get back to my home and work....aaaaaaaaaah. I am so scared and vietnam is the hardest country to work with.... if only I could talk to them DIRECTLY and not just be a form they stamp. This money thing is our obstacle.... sometimes they wont even approve a co-signer. WHAT CAN I DO? Is there a way around this? Will hiring a lawyer help??? I NEED SOME ADVICE.

Thank you all and please feel free to email me at LindaChaidez@yahoo.com

tall, white, rich american Linda *crazy in love* with my short, poor, tan, vietnamese man :-)~~ hehehehe

Whomever told you assets aren't considered is wrong. For a spouse, $3 in assets replaces $1 in income. It's 5 for 1 for other immigrants. We have threads here every day about affidavits of support and PSSST all that money from the book is income. I suggest you simply get on with your life plan and when ready, file a petition for a fiance visa or if you marry in Viet Nam then for a spouse visa. Then do what you need to about any affidavit of support you'll need months after filing.

Most of us here don't use an attorney but if you want one in Viet Nam HCMC, Marc Ellis is the man.

Edited February 4, 2008 by pushbrk

[mox 298]

First of all, I'd suggest reading the guides. You'll find a link to them at the top of the page. (I'm not trying to be condescending...the guides will answer the majority of your questions, really!)

To file a petition you don't have to show any income or supply any financial information. It's only at the time of the consulate interview when you need to show financial resources. So if you got a job a month before the interview and were able to show pay stubs and a letter from your employer showing your income to be at 125%+ of the poverty level then you're fine. Otherwise you will need a co-sponsor. If your mom won't do it then you have the option of either finding another co-sponsor or finding a job that pays 125%+ of the poverty level. You mentioned that you have assets in the form of $50,000. You can use that money to offeset your income requirements. Aside from meeting the poverty guidelines, having a co-sponsor, and having enough assets to offset the poverty requirements, there is no other way around the income requirement.

Finally, now is the time to start saving all of your documentation that says you met your fiance within the last 2 years. Plane tickets, receipts, photos, passport stamps, etc.

Best of luck to you!

[ILoveTan 0]

Whomever told you assets aren't considered is wrong. For a spouse, $3 in assets replaces $1 in income. It's 5 for 1 for other immigrants. We have threads here every day about affidavits of support and PSSST all that money from the book is income. I suggest you simply get on with your life plan and when ready, file a petition for a fiance visa or if you marry in Viet Nam then for a spouse visa. Then do what you need to about any affidavit of support you'll need months after filing.

Most of us here don't use an attorney but if you want one in Viet Nam HCMC, Marc Ellis is the man.

Hi - do you have any contact information for Marc Ellis? It might be good for me just to talk with him while I am here....

So then, at what point do I have to show the proof of income/assests - now or at the time of interview? If it is at the time of interview...and I can show $100,000 or more in the bank, should that be good enough to file without a co-signer? I heard that once before but then another lawyer said no, it wouldnt work.....

can I simply write that I was unemployed for 2007 but have $100,000 in bank on the form? eeeeeek, dont mean to be paranoid but REALLY REALLY REALLY REALLY in love (is everyone sensing that yet or have I been too subtle?) hehehehe

thanx

Linda

[mox 298]

Linda,

Read the guides. They will help you understand the process and when you need to file forms, and what forms to file. When you're done with the guides you will have specific questions that can be asked, but in the meantime bone up on the guides so you can really understand what's going on.

[pushbrk 12,212]

Hi - do you have any contact information for Marc Ellis? It might be good for me just to talk with him while I am here....

So then, at what point do I have to show the proof of income/assests - now or at the time of interview? If it is at the time of interview...and I can show $100,000 or more in the bank, should that be good enough to file without a co-signer? I heard that once before but then another lawyer said no, it wouldnt work.....

can I simply write that I was unemployed for 2007 but have $100,000 in bank on the form? eeeeeek, dont mean to be paranoid but REALLY REALLY REALLY REALLY in love (is everyone sensing that yet or have I been too subtle?) hehehehe

thanx

Linda

http://www.marcellislaw.com/

Exactly when an affidavit of support is needed, will depend on the visa category and Consulate but in any event it will be after USCIS approves the petition, months from now. I'll echo the others and recommend you study the guides for the basics, then come back with specific questions.

Read the I-134 and I-864 instructions and forms for details but yes, you can use a a hundred grand in liquid assets to qualify as sponsor but you'll need to show evidence the money is on deposit, not just "write that...".

[Bforbarree 4]

The regional forums are also really helpful, as there are details specific to your SO's part of the world. Good luck to you and welcome to VJ, this is a great place to start!

http://www.visajourney.com/forums/index.php?showforum=90

[ILoveTan 0]

Thanks to all for the info and advice

If I may ask: Lets say I dont have the $$$ in the bank but I can show that I have a new job that makes 125% the poverty limit, etc... plus company letterhead showing that its full time, steady, etc etc.... will that do, even without a tax return for 2007? I can show 2005, 2006 ...but no job for 2007. Will this work?

Lets say it is NOT sufficient.... do they let me know? If I then can get a co-signer or another form of financial support - what happens to my financee's interview if there is problem/delay like this? Do we have to start over from the beginning and wait another 6 months or will they accept the new information and give him an interview quickly after that? That is my concern. Does this make sense? :-P Sorry, its 1 am in Vietnam now, I am a bit loopy. Thanks

Linda *crazy in love* with Tan her Vietnamese Man

Edited February 4, 2008 by ILoveTan

[mox 298]

Thanks to all for the info and advice

If I may ask: Lets say I dont have the $$$ in the bank but I can show that I have a new job that makes 125% the poverty limit, etc... plus company letterhead showing that its full time, steady, etc etc.... will that do, even without a tax return for 2007? I can show 2005, 2006 ...but no job for 2007. Will this work?

Lets say it is NOT sufficient.... do they let me know? If I then can get a co-signer or another form of financial support - what happens to my financee's interview if there is problem/delay like this? Do we have to start over from the beginning and wait another 6 months or will they accept the new information and give him an interview quickly after that? That is my concern. Does this make sense? :-P Sorry, its 1 am in Vietnam now, I am a bit loopy. Thanks

Linda *crazy in love* with Tan her Vietnamese Man

You're really jumping the gun here. Have you read the guides? Do you understand when these income requirements come in to play?

The answer to your question is that a job that meets or exceeds the 125% poverty level will technically suffice. Some consulates, however, are going to be more rigid...China for example, although pushbrk can correct me if I'm wrong. This is why you need to do the research first and then come back with specific questions. "Search" is also your friend.

[pushbrk 12,212]

Thanks to all for the info and advice

If I may ask: Lets say I dont have the $$$ in the bank but I can show that I have a new job that makes 125% the poverty limit, etc... plus company letterhead showing that its full time, steady, etc etc.... will that do, even without a tax return for 2007? I can show 2005, 2006 ...but no job for 2007. Will this work?

Lets say it is NOT sufficient.... do they let me know? If I then can get a co-signer or another form of financial support - what happens to my financee's interview if there is problem/delay like this? Do we have to start over from the beginning and wait another 6 months or will they accept the new information and give him an interview quickly after that? That is my concern. Does this make sense? :-P Sorry, its 1 am in Vietnam now, I am a bit loopy. Thanks

Linda *crazy in love* with Tan her Vietnamese Man

You're really jumping the gun here. Have you read the guides? Do you understand when these income requirements come in to play?

The answer to your question is that a job that meets or exceeds the 125% poverty level will technically suffice. Some consulates, however, are going to be more rigid...China for example, although pushbrk can correct me if I'm wrong. This is why you need to do the research first and then come back with specific questions. "Search" is also your friend.

Please don't throw out a bunch of hypotheticals that may or may not apply. A job, assets or a combination of the two will work. Please study the guides and form instructions. You're months away from providing an affidavit of support.

I'd say China and Viet Nam are similar in their treatment of the public charge concern and both are high fraud Consulates. The PI seems to be the stickiest on sponsorship issues.

Edited February 4, 2008 by pushbrk