kevest

To my understanding, transferring money from US to Vietnam is no big deal. However what are the options to transfer money out of vietnam ? ( enough to purchase a house in the US) please kindly advise thanks

OP just highlighted again that HCM can do whatever they want, no matter how unreasonable it is. however the request was pretty simple and seems like she understood the process and knew what to do. i don't know why she had to start the thread like she needed help and vent etc and that just added to the confusion. the request seems pretty minor and if the rest of her story checks out (from CO pov) she should be getting pink unless they are truly stalling for something else.

of coz i do understand what additional documents i need to resubmit,im not stupid, however that s not why i started the thread, i was asking about how to track the case if we submit it before the date on the blue slip since we wont be given a receipt.

A full time student that earns above the filing requirement does have to file a tax return. Being a student is not a blanket reason to not file a tax return.

true, it depends on the amount of unearned income and earned income, however if a full time student earned under those certain amount, that person do not need to file a federal income tax return

for reference, check out the IRS website http://www.irs.gov/individuals/article/0,,id=96623,00.html

hope this solves all the unnecessary confusion

I have filled out tax returns for my children in the past, not because there income was so high but because of the income source. (Investments).

One year there was no income. I started to file a return just to keep a continuous record and after closer reading of the guidelines I did not.

It appeared if you had no income and were not entitled to any kind of refund or credit. You could be charged with filing a frivolous tax return and be fined or jailed.

like i mentioned before, i was on my dad's tax return as a dependent until i got married and had a son. i just talked to a tax preparer and my lawyer, and we were all on the same page. I only need to file a tax return for 2011 in 2012, not the previous years.

Thanks for the info though

Kevest,

This may be a dumb question but why didn't you submit a letter explaining why you did't file a tax return

when clearly the instruction say to include the recent tax return with the submittal? The CO has to document your income with paperwork.

How would the CO do this without concrete evidence like a letter or so form of paperwork?

Did you include an employer letter stating what you make?

I am just surprise you got through NVC.

btw when i submitted my I864 to the NVC, my lawyer included the addendum at the back explaining the situation, i hope u see my logic here..

2 bait posts removed along with 1 quoting.

one person's access to this thread removed.

thanks for making this forum more friendly

One week before the submission date my wife asked if she could turn it in early and they said yes. You can turn it in early if they accept it. Could also be a 50/50 chance who is at the window working.

appreciate ur info

Kevest,

This may be a dumb question but why didn't you submit a letter explaining why you did't file a tax return

when clearly the instruction say to include the recent tax return with the submittal? The CO has to document your income with paperwork.

How would the CO do this without concrete evidence like a letter or so form of paperwork?

Did you include an employer letter stating what you make?

I am just surprise you got through NVC.

yes i included the employment letter and submitted to the CO

and like i said i do not need to file a tax return for yr 2010, I called H&R block to double check before

and yes i will write a letter explaining the situation and resubmit it to the consulate. thanks

To show that she needs a cosponsor in the first place and the CO was right. Even students need to file a return even if you don't have to pay taxes.

according to IRS, You must file a federal income tax return if your income is above a certain level; which varies depending on your filing status, age and the type of income you receive.

im on my parent's tax return as a dependent, plus this april job is my first ever job taken...so i was excluded to file a tax return for yr 2010

As was asked already, is there a date on the blue slip to resubmit? It is uncommon for there not to be a resubmit date...

yes sept 12, but i heard from other VJ members that u can submit the documents early?

Well sorry to hear that you got a blue. So what happened at the interview? I know your interview in on August 8. What additional evidence did they need? Well usually they give you a date to turn in additional evidence but I heard that you can just turn it in early if you have it ready. Saves some time. Tell us what happened at the interview, share it with us.

It was a white lady who conducted the interview, standard questions were asked, our wedding dates, DOB, name of our son, etc, my husband answered them in english. The CO didnt ask to see our timeline, 10 yr residency, chat logs, nothing except a few pictures of our wedding. And out of the blue, she handed back my husband's passport and gave him a blue slip requesting the IRS transcripts, so my husband told her he got the official transcript of my parents and the signed I864 and I864A with him( my parents are co sponsor) ,CO said she needed my tax return instead, and my husband explained i didnt start working until April 2011, and never in my life had other jobs, and CO said no, she has to file tax return, even student has to do that, my husband was like #######, but he explained politely again, this was her first job, she started April, according to IRS, ppl under certain income do not file tax return and he reminded her april 15 is the deadline for filing tax return anyway.... and then the CO was like oh well you need to tell your wife to have a written statement declaring she did not file tax return and explained the situation that her parents were the co sponsors., my husband asked her a couple more questions regarding the additional documents, CO kept repeating just read the blue slip.... however, the stuff she told my husband to submit are not on the blue slip,! blue slip only says IRS transcripts.....conclusion? CO was being an #### !

So basically that's the story, honestly we were pissed off,the CO was trying to make excuses to stall his visa! i mean how the heck she wouldnt know anything about the tax return issue?!

anyway back to my question, should my husband just drop off the documents at window B? but according to wt i read, he wont be given a receipt, so how could we track the process? is there any way my husband can get in the consulate and submit it to the CO? please advice!!!!

we got blue unfortunately and on the slip they request additional documents.. so here's my question, they told my husband to drop it off at window B between 1-2pm, but god knows how long it will take them to review the case, so is there any way that my husband can meet the CO again? if not, i was wondering how you guys submit the requested documents early and give it to the CO by person..please advice!!! thanks

Hi visajourney. I am noticing that the consulate now are asking for a list of family and relatives with evidence address such as photocopy of driver's license or utility bill from either the petitioner or the beneficiary. I am trying to get all my relatives photocopy of their driver's license in case the consulate ask my wife during her interview. I am wondering will a picture of their driver's license taken from a camera work instead of photocopying? I am doing the CR-1 process and currently at NVC waiting for interview date. Thanks everyone.

as long as the quality of the pic is good, i guess it should be fine, i took pics of our passports and submitted to USCIS , they accepted it

I noticed you have a photo of a baby on your profile. If that's your baby together and he/she has CRBA, your interview should be a breeze. If not, proving bona-fide relationship will be your first hurdle. Everything else is just paperwork.

yes my baby got the CRBA before we came back to the US. what do you think is the most important to prove the bona fide relationship? emails? well, not like everyday, maybe a couple times a week.. wiring money? i earn a lot more than he does, so he never wired any money....

this is an unusual case in that it's a woman USC petitioning for a male viet beneficiary...who was set up by the male's cousin (with many more relatives in the USA). you guys were also hurriedly engaged after only a brief 2 weeks meeting. there are red flags all over the place!

i don't mean to get personal but does your husband's family have substantial assets in vietnam? are you financially stable and working as a single mother? imo the CO wants to see if it's a marriage for money (it's been known to happen ). good luck to you guys...

im petitioning for my husband as well, is it really a red flag to the CO dat a USC woman petitioning for a male viet beneficiary? or is it only an assumption? i mean im not a vietnamese, will my husband's chances of approval increase?

Check out my thread here: http://www.visajourney.com/forums/topic/307306-stunned/

I wrote up a rundown of what it was like for us going in.

Great info! appreciate it

questions regarding CR1 visa interview. How was it like on the day of the interview. did you submit everything including timeline, 10 year residency, etc.. once u got inside the consulate? or did u wait until u actually met the CO?

i was wondering how the process was like ...thanks!

My case was received by NVC on May 31 and my priority date is Feb. 1. Wow I think I have to wait a pretty long while for my wife to get an interview since your priority date is way back in Sept. and mine in just in Feb. When was your case approve by USCIS???

i received RFEs both from USCIS and NVC which casued the delay, my petition arrived at NVC back in February, and we received RFE in May, after about a month case closed, and got the interview after 7 business days.

Are you filing for CR-1? What is your priority date? I just want to compare your date to mine to see if my wife will get an interview soon. My case is now at NVC waiting for completion. Thanks

Thanks for y'all support!

yes it is CR1. Our priority date was sept 28, 2010, if i rmb correctly when did ur case arrive NVC?

Im so happy to share this good news with y'all! my case was completed on June 17th, 2011 and today my attorney received a letter saying the interview is scheduled on August 8, 2011 in HCMC! so afterall, the NVC schedule interviews not only on second week of every month....it only took a lil more than a week for us!

good luck to those waiting for the interviews too!

thanks for y'all replies! is it true that the NVC only schedule interviews on 2nd week of every month?

Hi guys, i just checked d NVC automated system and it said case closed on June 17th,yay! anyway i was wondering how long i should expect to get an interview in HCMC, does anyone have an idea if the schedule of consulate is all booked for the coming months? appreciate any advises!

Thanks for all your replies and opinions. We havnt filled out the DS230, but should I say Yes or No on question 40 and 41? I dont wanna lie but i am still confused

if second degree assault is the same as simple assault.

IF Jerome and VinhBao are right about slim to none chance of getting the visa, should i risk it? I mean I

have a 8-month-old baby and its just very hard for me taking care of the baby by myself in here, let alone if my baby cannot live with his dad ever? Do you guys

think the CO will take this into consideration? Meanwhile, I cant live in Vietnam either. Not only I dont speak any vietnamese I stayed there for 9 months and

honestly its hell of a place to me compared to the living standard in the US.

Jerome, what you say is true, but, and as is the case at hand, there are strict restrictions on people with certain criminal records being allowed into the country at all.

Scott, I definitely agree with you that it is a gray area. But the OP said "definitely" MT and I wanted to point out that it's not definitely.

Any word on what the max penalty for assualt is in your state OP. Or what state are you in and I can try to look it up. (What state did it happen in?)

I live in Maryland. I googled it online max penalty for second degree assault is 10 years. But my husband's disposition is PBJ, to some extent it is pretty lenient. So does the penalty make a difference to the consulate officer? Thanks!

Felt like daja vous see: http://www.visajourney.com/forums/topic/295751-criminal-record-hcmc-consulate/page__p__4479754

Note there is no longer a K-3, USCIS ties the I-129F and I-130 together, approve together, and sends to NVC where NVC closes the I-129F and proceeds with the I-130. You will be doing paperwork with NVC.

This should come up when USCIS/NVC/Consulate does name checks, It may or may not cause issues at the consulate.

Is his only offense, and no jail time? If so then perhaps will not cause a problem.

SEE: http://travel.state....ies_1364.html#1

Thanks for you info. This is his only offense, and no jail time. I checked out the link you provided and it states it is inadmissible if the crime is involving moral turpitude. Second degree assault is def related to MT, but then he did not serve jail time, so what's that supposed to mean? should i be worried?Should i file the hard time waiver or whatver? Thanks

I am new here.Please bear with me for a lil intro. I am a US citizen and my husband is a vietnamese. I gave birth to a son in HCM and came back to the US with my son 4 months ago and I applied for the immigration visa for my husband and just received both the approved I130 and I129F letters. Now what bothers me is when we were still dating,( we met in the US while he was on his student visa ) I pressed charge on him and he was charged with second degree assault, and he pleaded guilty when he went to court. The final disposition was PBJ. SO my question is "will the criminal record affect his chance of getting the visa in Vietnam? How tough is the HCMC consulate when they interview beneficiary with a background like this? and how do the officer define PBJ since I heard it varies by country. Anyone who knows anything about that kinda issue, please advice !