yellow123 Interview Rally

[sweetiewynn 0]

To reiterate: the legally-binding I-864 affidavit of support is not authorized for use with K-1 cases.

I don't believe this! I think this is a mistake from the consulate (I have noticed they make a lot of grammatical mistakes)

First, the term "to reiterate:"... #######? Reiterate? Reiterate means to state another way something which has already been stated or to say it in other words but what the consulate "reiterates" is something entirely new. The reiteration has nothing to do with what has been stated earlier in the letter. Then, there is another issue. They say when you use the I-864 the consulate has little room to wiggle but when you use the I-134 they can pretty much choose to recognize it or not. Well, if this is the case then ####### are they saying the I-864 is not authorized with the K-1 visa? Why does the government recommend to use this form with the I-129f if it is not authorized for use and why do they no longer accept the I-134. Does this mean there is no need for an affidavit of support at all now or what? Are they intentionally trying to misinform you/us? This is serious and I think you need to write to the consulate and ask them to correct their mistake or clarify because the way I read it they do't make any sense at all.

This is so common and I personally think the consulate needs someone who understands English well enough to write forms, letters, etc. which make sense to other English speakers. I can think of several examples where their rdiculous mistakes simply do not make sense. For example, when we got our second blue slip telling us they don't need anything else from us, the letter was threatening that if we do not come to the window at the consulate's office and bring the requested papers (none were requested, however,) that our application would be cancelled. So I went to the consulate with the papers they requested (none) and went to the window... waited for about an hour, then was told I didn't need to come there at all. Just in case, I asked her to make a note that I DID come and DID bring the requested papers (of which there were none) within the time period required to not cancel our application. It goes on and on and on... They have mistakes on their official forms, mistakes verbally from the people who work there.. I am beginning to wonder if they even have an official policy or if it is all based on how much the bribe is for the consulate. You'd think there would be some sort of logic behind their system and you'd think we could hold the consulate to the same standards they hold us to as far as accuracy goes but nope, they pretty much do whatever the hell they want and should be regarded as the enemy in immigration cases. I am sick of this bullshit and ready to fight. Anyone else?

[wait4ever 0]

To reiterate: the legally-binding I-864 affidavit of support is not authorized for use with K-1 cases.

They say when you use the I-864 the consulate has little room to wiggle but when you use the I-134 they can pretty much choose to recognize it or not. Well, if this is the case then ####### are they saying the I-864 is not authorized with the K-1 visa? Why does the government recommend to use this form with the I-129f if it is not authorized for use and why do they no longer accept the I-134. Does this mean there is no need for an affidavit of support at all now or what? Are they intentionally trying to misinform you/us? This is serious and I think you need to write to the consulate and ask them to correct their mistake or clarify because the way I read it they do't make any sense at all.

The Consulate's use of the word "authorized" is very interesting. Does this mean someone can or cannot use an I-864 for a K-1 case? If would be allowed then that is a huge tip for future K-1 applicants. The I-864 is required in K-1 cases when they go to AOS. Why would'nt it be allowed at the consular level? This bears some more investigation.

I am beginning to wonder if they even have an official policy or if it is all based on how much the bribe is for the consulate.

Bribery at the HCMC Consulate? I am shocked! Shocked! What do you know about this? Maybe you should start a separate thread on this subject?

You'd think there would be some sort of logic behind their system and you'd think we could hold the consulate to the same standards they hold us to as far as accuracy goes but nope, they pretty much do whatever the hell they want and should be regarded as the enemy in immigration cases. I am sick of this bullshit and ready to fight. Anyone else?

Well, I have been in the same boat as you only twice as long. Yes, I am tired of it and there needs to be some serious changes to bring into balance the procedures that effect the lives of those of us who are being bullied by Consular staff. Until we have some landmark court cases or changes to the FAM and INA, Americans and their loved ones will still be subject to official abuse. This is perhaps the darkest corner of the American government. Only those of us who are in this situation really understand the pain of this kind of official opression. Unfortunately we are an invisible minority.

[STL_HCMC 0]

Hello Everyone!

To reiterate: the legally-binding I-864 affidavit of support is not authorized for use with K-1 cases.

In my interpretation of this sentence, I think the person writing the email reply to Matt was trying to emphasize the discretion that the consular officer has when the I-134 is used (i.e. K-1 visas). What they were possibly referencing with their statement regarding the I-864, is that the consular officer has less room to question the credibility, because the signature on the dotted line is LEGALLY BINDING. Therefore, the government then has someone to go after should the beneficiary become a public charge. However, in the situation of the I-134, it is NOT legally binding, and thus they have to bring the "trust" and "credibility" factor into consideration.

If you really stop and think about it, this is a legitimate concern the government must concern themselves with. In the end, if the fiance(e) ends up as a public charge, it is their, ours, your tax dollars footing the bill; oh and the rest of the tax payers in the USA too. Perhaps there is some discrimination involved, but it seems that this is an easy ploy with their increased discretion with the I-134.

As the consulate stated in an earlier email to me, relationship of the petitioner and co-sponsor is looked at, as well as location of the co-sponsor.

Take note that the email that Matt_Stevens received back from the consulate talks about a letter the co-sponsor can write to explain and support their reasoning for accepting the role as co-sponsor. I'm sure this piece of documentation cannot hurt your case at all.

Give 'em what they want. Don't fight 'em. Just my take on the email and situation! I'm just hear to keep us all level headed and on the right path - to approval.

STL_HCMC

[yellow123 0]

guys, i've been so crushed lately that I dont want to do anything. I dont think i can carry on without my fiancee. All my energy is drain. I'm seriously contemplating moving to Vietnam and live with her.

[patricks 0]

You scared me for a second !!!!

I did the same thing, I returned to the USA from VN to file the K1, and I quickly realized I didn't have the income or career credibility to do a Fiancee Visa from the USA. Therefore, I returned to VN, taught English, married my fiancee in VN, applied for a CR1 visa (took 4 months total) and returned to USA 18 months later.

GOOD LUCK

Do what you have to do to get it done....................

[sweetiewynn 0]

You scared me for a second !!!!

I did the same thing, I returned to the USA from VN to file the K1, and I quickly realized I didn't have the income or career credibility to do a Fiancee Visa from the USA. Therefore, I returned to VN, taught English, married my fiancee in VN, applied for a CR1 visa (took 4 months total) and returned to USA 18 months later.

GOOD LUCK

Do what you have to do to get it done....................

Doesn't the CR1 visa also require an affidavit of support? I don't see how the CR1 visa was better for you than the fiance visa?

[patricks 0]

Yes, I had to get an affidavit of support. The Fiancee visa can ONLY be filed from the USA; therefore, I filed a CR1 ( I was living in VN at the time) and actually it's a lot better because I could directly help her fill out the paperwork, and more importantly, my wife had her "green card" and "SS#" within 1 month of arrival in the USA.

However, before you can directly file the CR1 in HCMC, you must go to the Dept. of Homeland Security on the 9th floor Le Loi street and prove that you had been living and working in VN the prior year. Once my paperwork was sent to the (Dept. of State) US Consulate, then everything went very smoothly, I was quite surprised.

[dalegg 143]

Sometimes I think If I could viably support myself and my wife in Vietnam, I'd never leave. I have a tough time learning to drive there though.

[sweetiewynn 0]

I found it, the case where some guy forced the consulate to act:

http://caselaw.lp.findlaw.com/scripts/prin...h/9655359a.html

Granted, this guy waited for 8 years and Nha and I have only been waiting less than two years but I think it may be worth a try. Anyone else experiencing "additional processing" who wants to light a firecracker underneath the consulate's ### PM us and maybe we can make it a class action type of a deal.

I am considering the CR1 or standard spousal visa options but being this far into the process I definitely have questions to answer first. Does anyone know if filing an I-130 voids our fiance visa process we are currently in? If I worked in Vietnam for 7 months but not for some Vietnamese company (for myself, U.S. based) would I be eligible for the CR1 application route if I were back in Vietnam and got married there? If I file the I-130 will I need a new I-864 and new supporting evidence or can they use the same information from my I-129f?? Too many questions I need to answer before making a decision..

I dunno... too much to think about for one day and I am so depressed right now I can't think right

[Mike n Huong 1]

I totally agree with you that some action needs to be taken towards this consulate in general. They do not seem to be fooling the guidlines that all the other consulate follow. It is unfair to our fiancees living there and it is unfair to us the US citizen. I think that the manner in which the consulate is running she be brought to the attention of whomever would be in charge of them. All of those who have been ignorantly denied the right for you and your loved one to be together, should take the necessary steps in order fo you and your loved one to be together.

I would also love living in Vietnam, and my fiancee asked me to come there and live several times, but like Dalegg said, I don't know how I would be able to support her there, because of the language barrier at first. I also agree about the driving, I would probalby hurt someone if I drove.

[sweetiewynn 0]

We are so despressed now. We have done everything and for one second, bump, everything goes wrong and disappears. Nathan is thinking of bringing me to Mexico and drive through to the US from there. We know it's a crazy thought and not going to do that but we don't know what to do now. He is right now very poor and I wish I could do something to help him. I wish I could hug him to cheer him up right now too. Living in Vietnam isn't a good idea but lots of Americans like you can live well here. Probably the salary isn't high but the cost of living here compares with your salary you can live well. You can teach English in Vietnam and it's not a bad job. Anyway I don't know, just wanted to say something to make us feel better.

[STL_HCMC 0]

Patricks,

While I did file the K-1 visa from my permanent address in the United States when I was home over the Christmas holiday, I've lived in Ho Chi Minh City since May 2005, and currently still do. I've never had any trouble thus far with the petition and not residing in the USA. I think I will perhaps need to show that I still maintain a domicile in St. Louis (i.e. my parents home that I moved here from) with voting records (i.e. absentee ballot), financial accounts still addressed and maintained through there, etc.

On the I-129F I put my permanent address in St. Louis, however, on the G-325A I did list my current address in Vietnam. On our answer to the "met in the last two years" question on the I-129F petition, I put that we met because of my living/working in Ho Chi Minh City. I got through USCIS fine. I'll be prepared to show them whatever they need to see that my working here is temporary (on contract) and that I still maintain my address in St. Louis.

It will be a year in Vietnam this May 25, 2006. I was out of Vietnam for 26 days for the Christmas holiday, but I still think we are further along with the K-1 then trying to marry here.

Just my situation related to your post. Perhaps I'll run into some bumps with the consulate. I'll let the board know if I do. I've told them several times, through email and phone conversations, that I live in HCMC and it hasn't raised a flag with them yet.

STL_HCMC

The Fiancee visa can ONLY be filed from the USA; therefore, I filed a CR1 ( I was living in VN at the time) and actually it's a lot better because I could directly help her fill out the paperwork, and more importantly, my wife had her "green card" and "SS#" within 1 month of arrival in the USA.

However, before you can directly file the CR1 in HCMC, you must go to the Dept. of Homeland Security on the 9th floor Le Loi street and prove that you had been living and working in VN the prior year. Once my paperwork was sent to the (Dept. of State) US Consulate, then everything went very smoothly, I was quite surprised.

[wait4ever 0]

guys, i've been so crushed lately that I dont want to do anything. I dont think i can carry on without my fiancee. All my energy is drain. I'm seriously contemplating moving to Vietnam and live with her.

I know that "crushed" feeling all too well. It really is devasting and I have lived it more than once. You become torn and confused.

What my fiancee and I have learned to do is have a plan B. Emotionally, it's a really difficult subject to broach, but the reality of dealing with the HCMC Consulate almost makes it a neccessary thing. You have to ask the tough questions: "What if we don't get a visa", "What will we do?". So we have and it's a good thing. Instead of being left twisting in the wind on the latest unfavorable decision, we have a back up plan to put into motion. That way we can continue on with our lives and continue to grow in our relationship the best way we can given the circumstances.

I try to tell people here on VJ to separate their relationship from the visa. It's extremely hard to do, since we all visualize being together with our SO and living happily ever after. With the process running up to the interview, there is so much invested in obtaining that visa. However, if you are one of the unlucky ones to get the HCMC shaft, it really turns your world upside down. You have to return to the core of what started you down the visa path. That you love each other and want to spend the rest of your lives together. Put your relationship on a pedastal above the Consulate, where it was before they got involved. Put it up high where the Consulate can only gaze up at it. Find a way to make it work, to maintain and grow your relationship. Don't give up.

[sweetiewynn 0]

guys, i've been so crushed lately that I dont want to do anything. I dont think i can carry on without my fiancee. All my energy is drain. I'm seriously contemplating moving to Vietnam and live with her.

I know how you feel Yellow, I really do. For me the feeling of being crushed comes in waves. Sometimes I am fine and sometimes, usually when I focus on it too much, I get feeling desperate and would do anything. As far as moving to HCMC... Well, I definitely understand what you mean because I did just that. My work is probably 80% online and I arranged it so that I could do an extended stay in Saigon. It was great for the first few months. I really liked it and the newness of it and the experience is something I would not trade for anything. Not only did Nha and I get a chance to test our relationship in practicality because lived together with her family and I got to know her family well too but I learned a lot about the place she is from and maybe have some knowledge as to why she is the way she is etc. It was a good experience. While I was there I got to do some things I'd dreamed of since I was a kid like study martial arts form someone I felt like was "genuine" and close to the source. I got to learn a little bit of a language (I say a little bit and that's what I mean, a LITTLE bit - god it is so difficult to learn!) It was interesting to be within a different culture and to make friends and acquaintances and to learn more about importing and exporting, etc. HCMC is really an international city and it has its benefits. The flip side was it was not easy to stay there. As you know, it's hot, hehe, I think that was the hardest part. The other part I had a lot of problem with was the crowded city. I am not a city person and definitely not a crowded city person so it drove me nuts to be surrounded by a concrete jungle for so long. At home in the U.S. I make it to the mountains almost every day and I like to walk for exercise and ride my bike, etc. It's what I do for entertainment usually and in Saigon you just don't have those things to do so if you find things to do in the city you like then I think Saigon is great. It's a cool and interesting city with friendly people.... But it's not my home and not for me. If I do it again it will be someplace other than within Saigon. Maybe Nha Trang or another cooler location near the ocean where it isn't so crowded. I ended up coming home to re-vamp my business a little bit and get it back to a good level but also because I was homesick I guess. It's hard either way now. Hard to be here and hard to be there too. Maybe next time Nha and I get together it will be some other country other than Vietnam, but has to be a country which will let her in and those are limited. If you want to go to Vietnam or HCMC, and I don't think it is a ridiculous idea, I say go for it. You can find a job teaching English very easily after you are already there I think and with that job you could sustain you and your wife comfortably I am pretty sure. They usually want you to have a TOEFL certificate (I think that's it) so you'd be better off with one of those and could probably find some good job leads online before you go for a smooth transition. Vietnamworks.com is a good site for finding expatriate jobs there and there are a lot of interesting jobs in Saigon I have noticed. It's a big step but don't let everyone tell you it's a crazy idea and get discouraged for that reason. You have to decide on your own if you can leave behind what you have going now and for how long I guess. Whatever you decide, best wishes.

[Matt_Stevens 5]

Great post. Well done.

As you may know, my career has been writing for about 18 months (on top of caring for my ill grandmother). But because of the HCMC Consulate being such hard@sses about income I am hoping to find full time "normal" work for as soon as I come back from visiting Vietnam next month.

However, were my writing career to truly take off, and there is a slim chance that big things can happen this Summer or Fall, then I would not hesitate to move to Vietnam and be with my girl. Not only do we miss each terribly, but being together for more than a 2 week period would really answer some questions that I know are in the back of our heads.