Affidavit of Support

[sealedkiss 1]

I'm about to file for K1, but can't help thinking ahead. I've searched and read some posts, but still am very confused.

People tell me the new law only requires the most recent year tax return. I made decent salary in 2006, so in 2007 when I need to file Affidavit of Support, that will be adequate. I can even have a co-sponsor. But people also tell me the mentality is still they'd like to see 3 years of tax returns. I don't have adequate income in 2004 and 2005. And yet people further tell me that they are doing away with co-sponsor for K1 in HCMC, Viet Nam???

Please shed some light. I'm deeply worried. Thank you.

[STL_HCMC 0]

Hi sealedkiss,

I imagine if you've been reading prior posts regarding co-sponsors and I-134 Affidavit of Support information, that you've likely run across some from me, Matt_Stevens and others.

What I can tell you from our experience is this: I was in a similar situation with income (i.e. present year was solid, but prior years I was a student and thus had minimal earnings) and was concerned about submitting three years worth of tax returns.

In the end - on the solid advice of Vietnam VJ member chuckandkim - I submitted three years worth of my own tax returns, three years worth of my co-sponsors tax returns and three years worth of tax transcripts for both myself and our co-sponsor.

During my fiancee's interview the co-sponsor tax returns (all three) were returned, and 2003 and 2004 of my own returns provided were returned to my fiancee. The US Consulate in HCMC only kept my 2005 return.The important thing I learned through this from chuckandkim is: you cannot give them what you don't have. So that translates into the theory of compiling and organizing evidence for the interview, whether it will be needed/accepted will then be determined by the staff at the Consulate. This approach – while a little more time consuming for you – takes the guessing out of the process.

Regarding the 'hearsay' about the acceptance of co-sponsors through HCMC, understand that the I-134 is a non-legally binding document, and therefore the interviewing consular officer is given more discretion in the determination of the credibility of the co-sponsor (i.e. relationship to the petitioner, location in regards to the petitioner, etc.).

Best of luck to you both!

STL_HCMC

Just a little more regarding the compiling/gathering of any/all evidence you think might be appropriate:

This is not to say that you should compile a huge 10 inch stack of evidence and then turn it all over to the consular officer during the interview.

What I'm advocating is gathering all the ammunition that you can to take to battle, so that you are not left with your fiancee calling you after the interview requesting additional support because something was left out.

Furthermore, take all of this evidence and then categorize it and prioritize it. When my fiancee had her interview, we had a stack of primary evidence that we felt was solid enough to present, but she also carried with her - in a separate plastic organizer - some additional secondary evidence that could be presented should the consular officer request to see more after looking through the primary already given.

The result of this method for us: the primary, categorized and prioritized stack was sufficient for the interview and the secondary evidence wasn't needed. However, we had it there just in case. Because you can't give them what you don't have.

Keep asking the questions!

STL_HCMC

[sealedkiss 1]

Hi STL_HCMC,

What a thorough response. I appreciate it.

The note about compiling evidence is very helpful, because I'm going to start putting together evidence now, little by little. It seems almost impossible to gather all evidence, because I have my YM automatically archive all the chat transcripts, plus tons of emails... One simply can't print them all. I might have to select 1 out of every 5 or 10 or so, you think? I know it's still early to be asking questions about evidence, but I'm in this mode where I just want to know everything.

I will need a lot of help from this community. Much appreciation.

sealedkiss.

[STL_HCMC 0]

Hi sealedkiss,

Just remember this important piece of advice - given to me by chuckandkim: think BIG PICTURE!

What I mean - and Chuck meant to me - is don't get too concentrated on every chat transcript, every bank statement, etc. Think of the evidence picture as the BIG PICTURE.

This is along the lines I was referring to with categorizing and prioritizing all of your evidence that is able to be categorized. This is due to the fact that they might request to see evidence of your relationship prior to your engagement.

Prioritize your evidence by putting the most solid evidence on top and work your way down (i.e. for your primary stack that your fiancee will give to the consular officer during the interview). For example, a handwritten card/letter/postcard is going to have more weight than a chat transcript. That isn't to say chat transcripts aren't solid evidence, but you get the idea about prioritizing.

Do this categorizing and prioritizing and take that result to form your primary and secondary evidence piles.

We had hundreds of photos, chats, etc., and immediately realized that the interviewing officer would not have the time to read through all of them during a five to ten minute interview.

So once you're all categorized and prioritized by 'category', then move on to prioritizing by category (i.e. select a representation of photos from the stack of hundreds, select a representation of chat transcripts from the stack of thousands, etc.). Utilize this further 'prioritized by cateogry' evidence to develop your primary evidence selection.

I think your being smart and diligent regarding your planning process, and it is never to early to gather knowledge, tips and hints.

Keep the questions coming....but just remember to think BIG PICTURE. This is a evidence story your compiling about your whole relationship. Make it a big picture and make it representative of various sources.

STL_HCMC

[AnchorsAweigh 0]

Hi,

i heard from my lawyer that hcmc wont accept for a co-sponsors and this is a new law here this year,im so confused after all i read what you guys posted here that hcmc accept for a co-sponsors,who should i believe then?this trouble had bother me each second

Thanks

Us

[STL_HCMC 0]

I would view it as factual if it was announced, posted and distributed by the US Consulate in HCMC. Until that point, rumor is rumor and hearsay is hearsay.

STL_HCMC

Hi,

i heard from my lawyer that hcmc wont accept for a co-sponsors and this is a new law here this year,im so confused after all i read what you guys posted here that hcmc accept for a co-sponsors,who should i believe then?this trouble had bother me each second

Thanks

Us

[sealedkiss 1]

STL_HCMC, my income situation has been

2004: $26k+ (internship salary)

2005: $5k (part-time research assistant job)

2006: $30k+ (internship salary)

Currently, I have a good ongoing part-time job with the university, while being a full-time graduate student here. My part-time salary is $20k+ a year. I will be saving my pay stubs and asking for a letter of employment in a few months.

So, clearly 2005 was a drag, but I'm going to have all 3 years of tax transcripts. My question is: at the interview should my fiancee keep 2004 & 2005 in the suitcase and only presents them when asked, or she should just give all 3 years up front to the CO?

Thank you.

What I can tell you from our experience is this: I was in a similar situation with income (i.e. present year was solid, but prior years I was a student and thus had minimal earnings) and was concerned about submitting three years worth of tax returns.

In the end - on the solid advice of Vietnam VJ member chuckandkim - I submitted three years worth of my own tax returns, three years worth of my co-sponsors tax returns and three years worth of tax transcripts for both myself and our co-sponsor.

[STL_HCMC 0]

Hi sealedkiss,

Your situation looks good!

In addition to seeking a letter of employment, you might also request some type of graduate school enrollment verification from the university you are attending. Remember: you can't show them what you don't have.

Follow the link below to an old post by Vietnam VJ member 'scy'. If you scroll down to post #11, you will see that scy was a student as well, and the Consulate requested proof of enrollment. Scroll down even further to catch follow up posts regarding the situation.

Link: Vietnam VJ Member 'scy' Proof of Enrollment Request

Another thing I included in our case was a simple, signed letter from me explaining my minimal income during the 2003 and 2004 tax return years, because I was still in college (like you) during that time. I can't say for sure if the letter was read in full or even looked at, but my fiancee was well aware of its content as well, just in case she was asked about it during the interview. She was also carrying a photocopy of my degree in her 'secondary evidence' folder (i.e. the additional evidence that could be presented if the interviewing officer needed more after reviewing what she handed to them from our 'primary evidence' folder).

Your fiancee is in a better position to turn in all three years worth of tax returns and/or tax transcripts during the interview. In my opinion, and it is how we did it in our case, let the Consulate staff decide which tax return years they wish to keep. Every case is different, and just because they returned years two and three in our case doesn't necessarily mean they will do the same for yours and/or others.

Keep your questions coming. Your asking good ones!

STL_HCMC

STL_HCMC, my income situation has been

2004: $26k+ (internship salary)

2005: $5k (part-time research assistant job)

2006: $30k+ (internship salary)

Currently, I have a good ongoing part-time job with the university, while being a full-time graduate student here. My part-time salary is $20k+ a year. I will be saving my pay stubs and asking for a letter of employment in a few months.

So, clearly 2005 was a drag, but I'm going to have all 3 years of tax transcripts. My question is: at the interview should my fiancee keep 2004 & 2005 in the suitcase and only presents them when asked, or she should just give all 3 years up front to the CO?

Thank you.

What I can tell you from our experience is this: I was in a similar situation with income (i.e. present year was solid, but prior years I was a student and thus had minimal earnings) and was concerned about submitting three years worth of tax returns.

In the end - on the solid advice of Vietnam VJ member chuckandkim - I submitted three years worth of my own tax returns, three years worth of my co-sponsors tax returns and three years worth of tax transcripts for both myself and our co-sponsor.