Originals or Copies

[Sayha or bust. 71]

I was told once Vietnam gets the Visa ap (K1), I have submit continuing proof of relationship, all original letters, and supporting documents to my fiancée. I sent copies of everything with app when it was in the states, Why originals now? Do I need to attach my w-2, with an official Irs transcript ?

[JimVaPhuong 4,863]

I was told once Vietnam gets the Visa ap (K1), I have submit continuing proof of relationship, all original letters, and supporting documents to my fiancée. I sent copies of everything with app when it was in the states, Why originals now? Do I need to attach my w-2, with an official Irs transcript ?

The consular officer may ask to inspect the original document of any copy submitted with the petition, like a divorce decree or birth certificate. They can also ask to inspect the original of any evidence submitted, like boarding passes or receipts. They would usually only do this if there is something about the copy that's suspicious, like if it looks like it's been tampered with. This doesn't happen very often, but it's better if she's got everything at the interview rather than risking a blue slip.

You don't need to include W2's with IRS transcripts.

[BinhJerome 14]

I was told once Vietnam gets the Visa ap (K1), I have submit continuing proof of relationship, all original letters, and supporting documents to my fiancée. I sent copies of everything with app when it was in the states, Why originals now? Do I need to attach my w-2, with an official Irs transcript ?

Rich, you dont need to send the w2's with the transcript, but if you send w2's it helps show how much you have made over many years, in some cases this helps, because it shows that over many years you have made above the minimum requirement, but if you didnt make above it 2 years ago unless you are trying to show a progression of your pay increases then I would not add them. The only document that they say the accept is the IRS transcript as far as tax documents go, but they can and do like to look at W2's when they are there. I would also submit as many originals as possible, this way you dont get put into AP pending an original document. I even sent Binh my original birth certificate just in case. I dont like to tell anyone going through HCMC to just send what they need, go overboard, at least if they dont accept it at the interview and then they request it, she can walk outside and turn around and submit everything they wanted that they refused to look at 5 minutes earlier. Just dont sweat the little things, just send what they ask for and then some if you are comfortable with it. Jerome

[vietazn 1]

Having the W2's can be helpful if you have a lot of pre-tax deductions.

[Sayha or bust. 71]

Having the W2's can be helpful if you have a lot of pre-tax deductions.

If that's true than that will add close to 5,000 dollars to my line 22. Thanks

[Sayha or bust. 71]

The consular officer may ask to inspect the original document of any copy submitted with the petition, like a divorce decree or birth certificate. They can also ask to inspect the original of any evidence submitted, like boarding passes or receipts. They would usually only do this if there is something about the copy that's suspicious, like if it looks like it's been tampered with. This doesn't happen very often, but it's better if she's got everything at the interview rather than risking a blue slip.

You don't need to include W2's with IRS transcripts.

Jim, Do you agree with sending the w2? My transcripts do not show any pre tax income that I can see unless I'm not reading it right. Although my employment letter states my yearly gross. I went out and got a part time job which will add $8,000 yearly (I haven't requested an employment record as of yet?). I qualify with just showing one job on either the 134 a or the 864 but just wanted to play it safe beings that I'm dealing with Vietnam. I'm a bit confused as what the 134a poverty lines are? I read on U.S consulate web page at HCHM they use100 % poverty guidelines. i understand the Aos (864 requires 125%). thanks Rich

[JimVaPhuong 4,863]

Jim, Do you agree with sending the w2? My transcripts do not show any pre tax income that I can see unless I'm not reading it right. Although my employment letter states my yearly gross. I went out and got a part time job which will add $8,000 yearly (I haven't requested an employment record as of yet?). I qualify with just showing one job on either the 134 a or the 864 but just wanted to play it safe beings that I'm dealing with Vietnam. I'm a bit confused as what the 134a poverty lines are? I read on U.S consulate web page at HCHM they use100 % poverty guidelines. i understand the Aos (864 requires 125%). thanks Rich

First, it should be clearly understood that this is up to the discretion of the consular officer, and they have a LOT of discretion. There is no clearly defined finish line you can cross and say you've made it. It's up to them to decide where the finish line is, using the guidance in the Foreign Affairs Manual. I read a DoS policy memorandum the other day that said a consular officer should deny a visa in the case of an applicant who the consular officer believes will not be able to support themselves, who will have unusually high expenses (medical treatment, for example), and who has a sponsor who barely qualifies. The same memorandum says they may deny an applicant who has a sponsor who qualifies if they have evidence that the sponsor has extraordinary expenses that significantly reduce the income they will have available to support the applicant. In other words, even though we routinely advise people that private debts are not considered, the memorandum indicates that they may be considered if the consular thinks they are relevant, and has evidence of them.

On the transcript your pre-tax income will be labeled "TOTAL INCOME", presuming you filed a 1040. If this figure is lower than your W2 income then you had some deductions that the consulate is allowed to consider. You won't be able to argue with them to accept the W2 figure and not the total income figure. If you have evidence that your current income is higher than your tax return income then provide it, by all means, but don't expect to persuade them that your income in a given tax year was higher than your transcript indicates. They won't buy it.

I've seen the guidelines on the HCMC consulate website, as well as other consulate websites, and even the DoS travel website. I'm not buying it. I've seen too many people denied who qualified at 100% but not at 125%. It also wouldn't make any sense. Why would they issue a visa to someone knowing that they won't have a qualified sponsor when it comes time to adjust status? This policy makes sense for many other kinds of non-immigrant visas, but I don't think it makes sense for a K visa where the visa holder is going to become an immigrant. If I were you, I'd play it safe and presume the threshold is 125%.

[Sayha or bust. 71]

First, it should be clearly understood that this is up to the discretion of the consular officer, and they have a LOT of discretion. There is no clearly defined finish line you can cross and say you've made it. It's up to them to decide where the finish line is, using the guidance in the Foreign Affairs Manual. I read a DoS policy memorandum the other day that said a consular officer should deny a visa in the case of an applicant who the consular officer believes will not be able to support themselves, who will have unusually high expenses (medical treatment, for example), and who has a sponsor who barely qualifies. The same memorandum says they may deny an applicant who has a sponsor who qualifies if they have evidence that the sponsor has extraordinary expenses that significantly reduce the income they will have available to support the applicant. In other words, even though we routinely advise people that private debts are not considered, the memorandum indicates that they may be considered if the consular thinks they are relevant, and has evidence of them.

On the transcript your pre-tax income will be labeled "TOTAL INCOME", presuming you filed a 1040. If this figure is lower than your W2 income then you had some deductions that the consulate is allowed to consider. You won't be able to argue with them to accept the W2 figure and not the total income figure. If you have evidence that your current income is higher than your tax return income then provide it, by all means, but don't expect to persuade them that your income in a given tax year was higher than your transcript indicates. They won't buy it.

I've seen the guidelines on the HCMC consulate website, as well as other consulate websites, and even the DoS travel website. I'm not buying it. I've seen too many people denied who qualified at 100% but not at 125%. It also wouldn't make any sense. Why would they issue a visa to someone knowing that they won't have a qualified sponsor when it comes time to adjust status? This policy makes sense for many other kinds of non-immigrant visas, but I don't think it makes sense for a K visa where the visa holder is going to become an immigrant. If I were you, I'd play it safe and presume the threshold is 125%.

My primary job puts me over the 125% by about $3,220. I have 401 k,life insurance, some assets that can turned into cash. With narrowly exceeding the 125% i thought it would be wise to include the partime job, like I said that would only add 8,000 to the gross. What do you think? I have private health care through my job does that help in considering financial part of the visa?