Q: Caridn & Huong

[Cardin 0]

Well I'm on here just like many others who are curious about their wife's visa process.

What kind of suggestion you guys can give me.

My wife and I spoke over the phone (skype and aloviet.com) since 1/2010.

We met through my uncle and spoke over the phone.

After 9+ months of talking I decide this is the gal I want to live with so I left to vietnam in October and got maried mid november 2010.

I went back to Vietnam with my father and son 3 from last marriage (wife I met in US, divorced 2 years)

Here's my timeline so far

Little background:

I came to the united states in 1987 on the last boat to USA

I got my citizenship through my father in 1998.

I attend kindergard all the way up to 4 yrs of college (43 more credits to graudate - drop out for now)

Married and divorced in 2007-2008 (bad relationship after birth of my son, she couldn't handle the motherhood)

1/2010 - Introduced through my uncle and we spoke on skype and aloviet.com

10/25/2010 - head back to vietnam with father/son (3 yrs)

11/10/2010 - decide to married the gal since my dad could only be in vietnam for 3 weeks.

12/5/2010 - recived Marriage Certificate

1/26/2011 - got my prefilled package from Seattle office that I hired to fill out all my paperworks for $1,000 which include my disvorce discree transilation.

1/27/2011 - NOA1 recieved

2/15/2011 - ###### wife 3 months pregant (only been there 4 months)

3/08/2011 - booked a flight back to USA to do my 2011 taxes

3/14/2011 - Income of $24,299 on line 22 of 1040EZ

Here's my question:

Would $24,290 income be enough to sponsor my wife. I submitted my CR-1 for my wife and if its counts of household then its My Son, Me and my wie would is $23,162 is the proverty line for 3 people. My unborn child would that be considered. If it is then I'm in trouble.

What kind of proof should I keep and put together for my wife?

What should I be worried of that you guys are?

Can't think of anyting else right now. If you guys have any suggestion pleaes do past it along so it could ease my worries. Just read so may nasty stories and its freaking me out.

Thank you for your time guys

Cardin

[JimVaPhuong 4,863]

There's a good chance your new child will be born before your wife leaves Vietnam. In that event, the new baby will be included in your household size. The good news is you can use a joint sponsor with a CR1 visa.

Getting married on the first and only trip has been the kiss of doom for many applicants. Your wife needs to be extremely well prepared for the interview. You had almost 11 months to develop your relationship before you made your first trip, which is ok. You spent several months there, which is good. Getting married within a few weeks of your arrival is not good. Many beneficiaries have been skewered at the interview for this.

You should also be prepared to file a CRBA for the newborn child. The child will have a claim to US citizenship, and won't be eligible for a visa. It will need a US passport.

[Dakine 26]

Well I'm on here just like many others who are curious about their wife's visa process.

What kind of suggestion you guys can give me.

My wife and I spoke over the phone (skype and aloviet.com) since 1/2010.

We met through my uncle and spoke over the phone.

After 9+ months of talking I decide this is the gal I want to live with so I left to vietnam in October and got maried mid november 2010.

I went back to Vietnam with my father and son 3 from last marriage (wife I met in US, divorced 2 years)

Here's my timeline so far

Little background:

I came to the united states in 1987 on the last boat to USA

I got my citizenship through my father in 1998.

I attend kindergard all the way up to 4 yrs of college (43 more credits to graudate - drop out for now)

Married and divorced in 2007-2008 (bad relationship after birth of my son, she couldn't handle the motherhood)

1/2010 - Introduced through my uncle and we spoke on skype and aloviet.com

10/25/2010 - head back to vietnam with father/son (3 yrs)

11/10/2010 - decide to married the gal since my dad could only be in vietnam for 3 weeks.

12/5/2010 - recived Marriage Certificate

1/26/2011 - got my prefilled package from Seattle office that I hired to fill out all my paperworks for $1,000 which include my disvorce discree transilation.

1/27/2011 - NOA1 recieved

2/15/2011 - ###### wife 3 months pregant (only been there 4 months)

3/08/2011 - booked a flight back to USA to do my 2011 taxes

3/14/2011 - Income of $24,299 on line 22 of 1040EZ

Here's my question:

Would $24,290 income be enough to sponsor my wife. I submitted my CR-1 for my wife and if its counts of household then its My Son, Me and my wie would is $23,162 is the proverty line for 3 people. My unborn child would that be considered. If it is then I'm in trouble.

What kind of proof should I keep and put together for my wife?

What should I be worried of that you guys are?

Can't think of anyting else right now. If you guys have any suggestion pleaes do past it along so it could ease my worries. Just read so may nasty stories and its freaking me out.

Thank you for your time guys

Cardin

wife and I spoke over the phone (skype and aloviet.com) since 1/2010.

Hopefully you have records of such and all recent calls.

Edited March 24, 2011 by Dakine

[Anh map 2,098]

What is your current annualized income? Past year's income isn't what is evaluated. $27,939 is the amount for household of 4 so you ought to aim for this. As Jim stated you can have a joint sponsor for the I-864 so there is time to line that up if your 2011 income will not be enough.

[Dau Que 6]

What's with the rushing? (no engagement, no second trip and follow-up trips)

Although it's legal in your case to have co-sponsor(s), it looks bad in a way that you were recently divorced, and now cash-trapped (your family count will be 4). This is a VERY COMMON way for fraud marriages. Having children with beneficiaries doesn't mean the relationship is genuine.

You better live in your own place. Otherwise, like you live with your folks, it looks really bad.

[Cardin 0]

Ok, I guess I'll need a joint-sponsor. So for a joint-sponsor would it be a i864a or just the regular i864. I live in seattle and my boss live in California. She willing to joint-sponsor for me which is nice of her.

I just wanna prep these documents way ahead of time since its going to be needed so I dont have to fumble around with it.

thank you for your guys help who gone ahead of me.

[Cardin 0]

Ok Here's the other question:

Since Child Citizen Act of 2000 was release child become citizen upon entrie to the US.

Since I'm sponsoring my wife, + 2 (my son and i), and infant child,

I-864 - for my wife, son, and I

I-864W - for my infant child delivered expect in september.

Would that still make income requirement of 23k?

Having filed I-864W for a minor, does the sponsor's income requirements change from 4 to 3 people?

[Cardin 0]

What's with the rushing? (no engagement, no second trip and follow-up trips)

Although it's legal in your case to have co-sponsor(s), it looks bad in a way that you were recently divorced, and now cash-trapped (your family count will be 4). This is a VERY COMMON way for fraud marriages. Having children with beneficiaries doesn't mean the relationship is genuine.

You better live in your own place. Otherwise, like you live with your folks, it looks really bad.

ouch this hurts. Its not the rush. Just fell in love and got married and decide to stay there. going back there to stay for another two moths. just back here for taxes. no I dont live with my folks. I live on my own. Most of my money are under the table. so umm cant claim those.....atleast my boss doens't claim me for those income so dont wanna scrw her over.

and no I'm not cash trapped, just under claim thats all, and alot of deductions..

most fraud marriage doesn't have son and father coming along for the wedding so I shorta disagree on that part.

but thanks for the heads up =)

[Anh map 2,098]

Your new child (if born in VN) would be issued a US Passport by the HCMC Consulate and is not being sponsored. A child with a claim to US citizenship cannot be issued a visa. You would report the birth to the Consulate. See this page from the HCMC website -->> http://hochiminh.usconsulate.gov/report_of_birth_abroad.html

Your household size (with the birth of the baby) will be 4. You would complete the form I-864 regardless of your income. If your boss is willing to be a joint sponsor they would need to earn enough to cover her household count plus your wife. Your boss completes form I-864 as well and supplies all needed documents.

[Cardin 0]

going there to stay another six month , after two months here.

sorry brain skipped words

[Dau Que 6]

To add this for clarification: Co-sponsor doesn't mean his/her income "adding" together with your short-coming income. For example: after calculating the TOTAL of people in your household, including children, for a number of 4, and say (don't count on this number to be exact) the required 125% qualified income is around $28k and your income alone isn't enough. Whoever agrees to be your co-sponsor has to make enough income to cover this amount ($28k), PLUS the amount of people existing in that co-sponsor's household. This person will be the ALONE sponsor of this petition (despite the name co-sponsor).

Make sure explaining this issue to your co-sponsor early on. She/he can freak out at the very last minute and withdraw the co-sponsorship and your petition will be in big trouble. It WILL be a big responsibility when you analyze the situation carefully.

Edited March 24, 2011 by Dau Que

[Anh map 2,098]

ouch this hurts. Its not the rush. Just fell in love and got married and decide to stay there. going back there to stay for another two moths. just back here for taxes. no I dont live with my folks. I live on my own. Most of my money are under the table. so umm cant claim those.....atleast my boss doens't claim me for those income so dont wanna scrw her over.

and no I'm not cash trapped, just under claim thats all, and alot of deductions..

most fraud marriage doesn't have son and father coming along for the wedding so I shorta disagree on that part.

but thanks for the heads up =)

Be prepared for a tremendous amount of scrutiny at HCMC. That's just the way it is there. You should prepare to submit as much documentation of the development of your relationship as possible.

Be sure your fiancee knows all about your ex and your child as that is likely to be part of the interview questioning.

Prepare a document explaining the evolution of your relationship. And your uncle's connection to your fiancee and her family.

Prepare a list of all the fiancee's relatives in the US including where they live.

If you've got the same family name then be prepared to show that you are not related to each other.

[Cardin 0]

To add this for clarification: Co-sponsor doesn't mean his/her income "adding" together with your short-coming income. For example: after calculating the TOTAL of people in your household, including children, for a number of 4, and say (don't count on this number to be exact) the required 125% qualified income is around $28k and your income alone isn't enough. Whoever agrees to be your co-sponsor has to make enough income to cover this amount ($28k), PLUS the amount of people existing in that co-sponsor's household. This person will be the ALONE sponsor of this petition (despite the name co-sponsor).

Make sure explaining this issue to your co-sponsor early on. She/he can freak out at the very last minute and withdraw the co-sponsorship and your petition will be in big trouble. It WILL be a big responsibility when you analyze the situation carefully.

Ok got it. To clarify my boss has no other. Just her self plus my wife and my infant to sponsor. So does that make 2 to to sponsor equals 3 ? Or does they count me and my 3 yr old son making

1 boss

2 my son and I

2wife and unborn infant

= 5

Or it's only 3 that she is sponsoring

Thank you

Cardin

[Anh map 2,098]

Your newborn will need to obtain a US passport in order to enter the US. So the only person being sponsored is your wife. US citizens do not need sponsorship. From what you are saying it is boss + 1.

[Cardin 0]

I was asking about the i864 . I'm confuse now.

I was asking since my income need co signing for a family of 4 which requires 28,924 which I don't have enough. So my boss will co-sponsor for me.

So is she cosponsoring affvidate of support for 4 of us including her is 5.

Or is she just showing income to show she can cosponsor for 1 (boss) + wife + infant?

The infant get auto citizenship for sure I know that already.

Then I read around form that we can fill out i864w where affvidate of support for infant not needed is that true?

Thanks

Cardin