Detailed K1 Co-sponsor Question

[TylerTrúc 1]

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.

[HungNhi 9]

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 June 11, 2015 by HungNhi

[TylerTrúc 1]

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?

[frontgear 194]

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.

[TylerTrúc 1]

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?

[frontgear 194]

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 June 12, 2015 by frontgear

[TylerTrúc 1]

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.

[Anh map 2,098]

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.

[TylerTrúc 1]

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?

[Anh map 2,098]

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.

[TylerTrúc 1]

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.

[TylerTrúc 1]

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?

[Anh map 2,098]

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!