Joint sponsor for K1. Acceptable?

[randh 0]

Hi everyone,

I am a newbie here and I wish I found VJ sooner. This site is very helpfull and informative.

Right now I have my case delayed. The interview on 2/27/2007 at HCMC for my fiancee did not passed. The green slip stated that I need more proof of income and was asked for a 1722 letter.

My question is: Can a K1 Visa have a Joint sponsor for I-134 affidavit of support? I got confused when reading this forum. Some got approved with joint sponsors and some opinions stated otherwise.

Can someone confirm this. And what about asset, like a house, to contribute to the financial support?

I love my girl so much and we both are so sad.

Thanks so much for your opinions.

[ridejewel 0]

Yeah, you'll get mixed opinions on whether a co-sponsor is acceptable or not here. My experience is that HCM does not accept co-sponsors. I recall when my fiancee interviewed, the lady who took her papers wouldnt even look at the co-sponsor. The problem is that the I-134 isn't legally binding in a court of law, and, since HCM already is a difficult consulate to get approved by, because of all the fakes, they dont put too much credence in co-sponsors. I wouldnt rely on one. I'm sure that any assets you have will most likely be added into the equation. You could always do what I did and get your parents, or someone to give you a 1099, upping your income...you'll lose out on taxes, but if that's your only option then you really have no choice.

[randh 0]

Yeah, you'll get mixed opinions on whether a co-sponsor is acceptable or not here. My experience is that HCM does not accept co-sponsors. I recall when my fiancee interviewed, the lady who took her papers wouldnt even look at the co-sponsor. The problem is that the I-134 isn't legally binding in a court of law, and, since HCM already is a difficult consulate to get approved by, because of all the fakes, they dont put too much credence in co-sponsors. I wouldnt rely on one. I'm sure that any assets you have will most likely be added into the equation. You could always do what I did and get your parents, or someone to give you a 1099, upping your income...you'll lose out on taxes, but if that's your only option then you really have no choice.

It's a good idea to get a 1099, but it's too late for me as I already submit 2006 tax copy to the consulate. I can not adjust it now. The only option for me now is rely on the asset.

[chuckandkim 0]

Asset will not guarantee for approval but will help. Welcome to VJ!

Would you mind to share a little more about your case. They delay your case because of your level of income, meaning you make less than the poverty guideline last year and the coming years? You have child support, alimony payment? How many people will come with her? HCMC takes into consideration of your total gross income and how would that match up to your number of dependences. What did you show them as your proof of income? Tax transcripts? W-2? ITR?

Bottom line is: HCMC wants to see how you will be able to support your new wife once she is here in America. If you can work your story to answer that question, most likely they will approve. Co-sponsor is still accepted and will always be accepted by LAWS. The only tricky part is the C.O. will have total power to accept it or not based strictly on the individual case. For example: Medical student, no incomes but will make 100's thousand dollars a year when they graduate, will need and will be accepted if they use a co-sponsor! As oppose to one who works at a nailsalon, no health insurance, making $60K/yrs cash, but only claim $10K in ITR, then decide to use Co-sponsor who is the uncle of the cousin's mother-in-law. That could bring great suspision to the C.O. during the interview. All of these examples to show you each case has its own soul, the is no silver bullet to solve this puzzle.

Again, the big question here to you from the C.O. is: "Can you show any evidence of how you will be able to support her on your own if I approve her Visa and she will come to America, and guarantee that she will not get on welfare? Make me feel warm and fuzzy inside with your proven plan to support her when she comes to America."

That is when you show them your tax returns, your 1099, your bank statements, your co-sponsor etc. And how you start your 2nd job last weekend to up your income blah blah blah... you see where I'm going with this? Tell a convincing story with good plan to back it up!

Good luck and again, welcome!

[randh 0]

Asset will not guarantee for approval but will help. Welcome to VJ!

Would you mind to share a little more about your case. They delay your case because of your level of income, meaning you make less than the poverty guideline last year and the coming years? You have child support, alimony payment? How many people will come with her? HCMC takes into consideration of your total gross income and how would that match up to your number of dependences. What did you show them as your proof of income? Tax transcripts? W-2? ITR?

Bottom line is: HCMC wants to see how you will be able to support your new wife once she is here in America. If you can work your story to answer that question, most likely they will approve. Co-sponsor is still accepted and will always be accepted by LAWS. The only tricky part is the C.O. will have total power to accept it or not based strictly on the individual case. For example: Medical student, no incomes but will make 100's thousand dollars a year when they graduate, will need and will be accepted if they use a co-sponsor! As oppose to one who works at a nailsalon, no health insurance, making $60K/yrs cash, but only claim $10K in ITR, then decide to use Co-sponsor who is the uncle of the cousin's mother-in-law. That could bring great suspision to the C.O. during the interview. All of these examples to show you each case has its own soul, the is no silver bullet to solve this puzzle.

Again, the big question here to you from the C.O. is: "Can you show any evidence of how you will be able to support her on your own if I approve her Visa and she will come to America, and guarantee that she will not get on welfare? Make me feel warm and fuzzy inside with your proven plan to support her when she comes to America."

That is when you show them your tax returns, your 1099, your bank statements, your co-sponsor etc. And how you start your 2nd job last weekend to up your income blah blah blah... you see where I'm going with this? Tell a convincing story with good plan to back it up!

Good luck and again, welcome!

Thank you for your information. Now I understand what they want to look at when it comes to financial support. It's a very good point.

I think I got a little short on my 2006 ITR compared to the new 2007 poverty guideline that I just found out 2 days ago. To the 2006 guideline, I think I cover it. I have petitioned for 2 people, one is my daughter (she has a join sponsor, submitted last year) and my fiancee. I only submitted my 2006 ITR and my bank current balance letter, that is well enough fund to cover if anything comes up short. But it did not.

I am now working on others resources, like asset ( I own a house with equity), stocks, and some paystubs from 01/2007.

I now just got another job offer and will start on 3/7/07.

Do you think I have any chance?

[ridejewel 0]

Yeah, of course. And, also try a co-sponsor, it can't hurt. What I also did was I wrote out a page long letter explaining how my fiancee would be supported after her arrival into the States. Try to find someone who will offer her a job, have him/her write out a prospective employment letter for her. Make sure the notorize it.

[GREEN/TRAN 0]

i didnt know how much i needed to make for sure coz my 2 kids dont live with me ,and i ended up about 200 short of guide lines for family of 4 .i would have made about 1900 more had not gone to vietnam so i had my mom co sponser as a show of support if nothing else and they acepted them .so i do all you can do it wouldnt hurt

[randh 0]

i didnt know how much i needed to make for sure coz my 2 kids dont live with me ,and i ended up about 200 short of guide lines for family of 4 .i would have made about 1900 more had not gone to vietnam so i had my mom co sponser as a show of support if nothing else and they acepted them .so i do all you can do it wouldnt hurt

Thank you. I will do all I can.

i didnt know how much i needed to make for sure coz my 2 kids dont live with me ,and i ended up about 200 short of guide lines for family of 4 .i would have made about 1900 more had not gone to vietnam so i had my mom co sponser as a show of support if nothing else and they acepted them .so i do all you can do it wouldnt hurt

Thank you. I will do all I can.

[chuckandkim 0]

Yeah, of course. And, also try a co-sponsor, it can't hurt. What I also did was I wrote out a page long letter explaining how my fiancee would be supported after her arrival into the States. Try to find someone who will offer her a job, have him/her write out a prospective employment letter for her. Make sure the notorize it.

Good point on "job offering". However, keep in mind, that offer should state its intention for future available openning. Reason: Your K-1 will not be able to work until she obtains her EAD or Green Card, whichever comes first Typically, will take 4-6 months for one to start working with the proper ID's.

randh and all,

Think like a CO as much as you can, in the end, most of them are pretty reasonable! Ask the question: how can I show them I can support and take care of my new wife If she is approved to come to America???? We both know you won't have your parents supporting YOU and your K-1 once she arrives, so tell them how you would!

[ridejewel 0]

I had Ngan's deceased aunt's fiancee write an employment letter out for her. It couldn't have been more perfect, because it also backed the story of how we met.

[chuckandkim 0]

Some may beg the difference... Ngan's aunt lives in America, introduced you to her? C.O. could have seen it as a marriage fraudulent case where her aunt may pay you $30K to bring her niece here to the US. That story is NOT recommended, IMO! Her aunt offers her a job may cause more closer look at the case. I thought she has a job offer by a US firm, but having a relative to offer you a job is almost as bad as you offer your wife a job to work for your company and consider that as your income

This "job offer" method may work for you this time, but asking a relative to offer a job, is not a strong support evidence. IMO. More risk involve if you had a tough C.O. who may ask you difficult questions about this "job offer" by her own aunt. Usually, in Vietnamese family, you work for your family is just as natural as come over for dinner without calling ahead of time.

Again, this is just me trying to throw out a risk and benefit factors may involve in using "job offer". Comments are welcome!

[randh 0]

Some may beg the difference... Ngan's aunt lives in America, introduced you to her? C.O. could have seen it as a marriage fraudulent case where her aunt may pay you $30K to bring her niece here to the US. That story is NOT recommended, IMO! Her aunt offers her a job may cause more closer look at the case. I thought she has a job offer by a US firm, but having a relative to offer you a job is almost as bad as you offer your wife a job to work for your company and consider that as your income

This "job offer" method may work for you this time, but asking a relative to offer a job, is not a strong support evidence. IMO. More risk involve if you had a tough C.O. who may ask you difficult questions about this "job offer" by her own aunt. Usually, in Vietnamese family, you work for your family is just as natural as come over for dinner without calling ahead of time.

Again, this is just me trying to throw out a risk and benefit factors may involve in using "job offer". Comments are welcome!

I love this forum. I've learned a lot from all nice people. It helps me to put some stresses away.

But, I have another issue. When I call IRS requesting 1722 letter (per CO request) for the 2006 tax year transcript, thay told me it 's not available untill mid of May. And IRS will provide a letter to explain why.

Should I wait untill May to have 1722 or just go ahead submit the explaining letter along with other evidences of support? That inclides my home equity, cash value from a life insurance, some paystubs, and a joint sponsor.

Thank you all.

Edited March 5, 2007 by randh

[ridejewel 0]

I think you missed the deceased part. Her aunt died years ago. Ngan and I met because my father's best friend, an American man, was marrying Ngan's aunt, a green card holder, before her aunt died in a car accident. My dad's best friend was the one offering the job. I do agree with you on your point though. Wouldn't be a good idea to mention a family member's intoduction. Randh, does your blue slip ask for the 1722 specifically? If I were you, Ide skip out on the 1722 part and go forward with the assets and joint sponsor, with the letter explaining you'll get the official tax transcripts in May. Why didn't you include all your assets on the I-134? Actually, maybe you should call the consulate or state department and ask them if you could go ahead without the 1722, that would probably be your best bet. Though, I think they only take a few weeks for the IRS to get those in. You also may try contacting a CPA(accountant) and asking about your 1722.

[randh 0]

I think you missed the deceased part. Her aunt died years ago. Ngan and I met because my father's best friend, an American man, was marrying Ngan's aunt, a green card holder, before her aunt died in a car accident. My dad's best friend was the one offering the job. I do agree with you on your point though. Wouldn't be a good idea to mention a family member's intoduction. Randh, does your blue slip ask for the 1722 specifically? If I were you, Ide skip out on the 1722 part and go forward with the assets and joint sponsor, with the letter explaining you'll get the official tax transcripts in May. Why didn't you include all your assets on the I-134? Actually, maybe you should call the consulate or state department and ask them if you could go ahead without the 1722, that would probably be your best bet. Though, I think they only take a few weeks for the IRS to get those in. You also may try contacting a CPA(accountant) and asking about your 1722.

Yes, ridejewel, they asked specifically for 1722. I did not claim my asset on I-134.

"If I were you, Ide skip out on the 1722 part and go forward with the assets and joint sponsor, with the letter explaining you'll get the official tax transcripts in May". I will try this now. THe worst case scenario is they, again, ask for 1722 and I wait untill May.

[ridejewel 0]

Ah, I think that the worst case scenario would be them totally denying you for not supplying the necessary evidence that they specifically requested. You should call the consulate of State department and ask them before you do anything, or contact an attorney. I would also contact an accountant and have them request your 1722, they should be able to get it faster for you. Wish you the best.