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96accord

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  1. I just wanted to clarify that each individual Embassy is different when it comes to taking a co-sponsor. For the embassy in Laos I've already confirmed with the embassy that they will take a co-sponsor for a married couple the CR1 application, but they will not take a co-sponsor for the K1 fiance application. However, in this case since the petitioner lives in the same household as his parents he can use their income in addition to his as household income. The concern is how the CO will view this. I have discussed on this forum with another petitioner who did not have enough income and was originally declined but was able to add parents income because they are in the same household. She got the decision reversed to her benefit after providing proof. The difference is that that petitioner was the head of the household and her parents were dependents while this case's petitioner is a dependent. Again, it's going to come down on how the CO views this decision even if you can use technicalities to meet income criteria.

  2. You can use your parents income as household income since they live in your household or you live in their household. They will not be your co-sponsors, just additional household income. However I am not sure if this will fly since the CO is the one making the decision. The CO can assume that since you are a college student you are a responsible citizen and will soon graduate with a 4 year degree and have no issue finding a well paying job to support you and your fiance. Also, your household income if sufficient meets the criteria of 125% of poverty level should be fine. But the CO can also decide that even though household income is sufficient, you haven't shown enough to prove that your fiance is not going to be a public liability when she gets to the US and decline the application. It can go both ways. I suggest you find employment first before applying to give you the best chance. Think about it......how would you adjudicate your case if you were in the CO's shoes?

  3. I did mention in your previous post that the US Embassy in Laos did not accept co-sponsors for K1 visa applications. I also shared the email the embassy sent me regarding the subject of co-sponsorship for fiance visa. Have you emailed the embassy? have they changed their policy on K1 visa co-sponsorship? It does take time to retrieve your Naturalization Certificate #, but if that's what it requires there is no shortcut around it. You have to take the time to do your paper work correctly for your best chance of approval. One little mistake can cost you months of waiting time.

    I would email the US embassy in Laos to make sure they accept a co-sponsor for the K1 visa application first. Then, I would go to the immigration office and request a copy of the Naturalization certificate ( they may just give you your certificate #). Do your paperwork correctly, taking your time to do it right will save you time, headache, and heartache. Good Luck!

  4. I also remember that during our interview the CO did review the I-864 and asked my wife where I worked and what income I brought home. Of course just as xgrnberet1 stated it only depends on the CO. His CO was very lenioent and assuming while mine definitely probed. So just be prepared for personal questions regarding employment, income, questions regarding there relationship and families as well. Don't get caught unprepared both spouses should be on the same sheet of music.

  5. I was allowed to interpret for my wife. It was the CO who decided to waive the interpreter I brought along with me. I remember the letter confirming the interview stated that the interpreter can be anyone but me the spouse. So the OP can take anyone who speaks his wife's language to the next interview. I suggest that he keeps a job until after the interview because he wil be required to show proof of income and employment. He can always go back to school next semester.

  6. Rescheduling an interview because you didn't prepare an interpreter is no big deal. Prepare for your next interview.

    At the interview you will have to show that you are supporting your wife just like you promised to on the K1 application. Visualize yourself being your own CO, what do you need to hear and see from yourself to approve your own petition. The COs have a strict federal immigration guideline to follow so they will do their job. You need to do yours to get the results you want. If you are not working and are not supporting yourself and your wife, and she is pregnant and has no medical health coverage and will be dependent on government support what do you think the CO will do?

    Bottom line is: It is your job to show you are keeping your promise of financially taking care of your wife. Does your current situation show that? The CO will be asking and you will have to provide the current proof. Both you and your wife will also be under oath during the interview.

  7. I would get a sealed letter of employment with start date, listing full time employment, with salary information. I would also submit all available pay stubs since you just started. if income is not sufficient also include any proof liquid assets to cover gaps. Of course all income and asset must be sufficient to satisfy 125% of federal poverty level for your household. Including a new form can only help. Good luck.

  8. Can you clarify what your annual income is, how many dependents you have, and the value of your home. Is the home in your name? what are your approximate liquid asset (how much cash money is readily available to you say within 1 week). 401K, IRA, investments can be withdrawn easily. The equity in a house is not easily withdrawn and need time so that is not considered liquid. We need to have somewhat of a ball park figure to help you organize for your I-134 and help you handle the info needed. What other issues are you worried about? Are you making sure you have a trail of evidence of your bonafide relationship? Did you keep your hotel, lodging, food, shopping receipts to show you were in Laos? Do you have lots of pictures with your fiance to prove you've seen and been together? IItems such as proof of engagements will be needed too. Income is just one of the variables involved so make sure you don't miss out on anything.

  9. Every Consulate is different. People who are trying to make money of of you will try to scare you. Make sure to educate yourself, used the guides provided on VJ. KayDeeCee and I are giving you real advice. Although I am more familiar with the US Consulate in Laos as my wife went through there for her K1. Read the notes I gave theDeerpanteth on 04/14/14 regarding co-sponsorship for k1. Most Consulate will allow co-sponsorship for K1 visa; US Consulate in Laos happens to be an exception. They will not accept co-sponsorship for K1 (fiance)but will accept for married couple. However, as I've mentioned previously, if you have other adults like your parents or siblings living in your household you can use their income as well. I've seen it twice with 2 other Vj 'rs. US Consulate in Laos will accept and considers it same household income. They will also retirement asset such as 401k and IRA, Cash Value in life insurances, savings, and investments in mutual funds or stocks. What the guy you talked to may have been referring to is the equity in your home which seems to be your financial strentgth (all you need to do is take equity out and put it in your bank account). Based on what you've shared your $300K in asset is more than sufficient for the CO to determine that your fiance will not become a public liability. People who own homes outright in their names do not apply for wellfare or government assistance. There are laws that would disqualify you from obtaining government support. The I-134 is to determine if your fiance will become a public liability.

  10. I would list the children because they are still your dependents unless they are over 18. I am always concerned about the CO asking the question of you having children and why did you not list them. I just don't like the awkwardness of answering I don't list them on my taxes but I still support them. You are required to show 125% of poverty level income for your household. How many children+you+your fiance. You seem to have an income gap due to working part time only. If you have any adults living in the same household like your parents maybe. Their income can be used too. Otherwise the income gap can be filled with your liquid assets. So money in the bank, Cash Value in the life insurance, money in your retirement account (not so sure about home value....you may have to take equity out of the home and leave it in the bank) can fill the income gap but must be at least 5 times the gap. Example if 2 kids + you + fiance is household of 4 http://www.masslegalservices.org/content/federal-poverty-guidelines-2014 then $29,813 is the amount of income that you need. If your income is $12000 your gap is $17,813 X 5 = $89,065. You need to have a total of $89,065 as liquid asset. Sorry for being elementary. It sounds like you have enough assets (300K) to cover your income gap, no worries there even with adding the children.

  11. This is the previous email I received from the US Embassy 2 years ago:

    Dear Mr. XXXXX:

    Thank you for your email. The US embassy in Laos is not required to accept affidavit of supports for the K-1 visa petition. The petitioner must show that he/she meet the 2011 Federal Income Guidelines for a household of his/her size.

    Thank you.

    The Consular Section

    U.S. Embassy

    Vientiane, Laos

    http://laos.usembassy.gov/

    http://travel.state.gov/

    This email is UNCLASSIFIED.

    From: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
    Sent: Saturday, December 10, 2011 7:47 AM
    To: VIENTIANE, CONSLAO
    Subject: regarding sponsor for affidavit of support

    Hello,

    I was wondering if the US consulate in Laos accepted sponsors for the affidavit of support I-134 for a K1 visa petition. Any info would be greatly appreciated.

    Sincerely,

    XXXXXXXXXXX

  12. I don't want to mislead anyone but if the daughter lives with the petitioner then that is not considered co-sponsorship but same household income. I still maintain that you must check with the US embassy as every embassy is different and I have received an email reply 2 years ago from the US embassy in Laos that k1 co-sponsorship is not allowed. I will email the embassy and will have an answer soon.

  13. It sounds to me like you were unprepared for your K1 process. You need to understand how the process works by thoroughly reviewing the K1 visa guide as well as the flow chart. Here's the link to the guide http://www.visajourney.com/content/k1guide. Make sure you follow all the instructions to a T. Not having supporting evidence for your relationship is a very easy CO decision for a denial. Remember what you have to do is show that you are legitimately bringing your fiance to the US and that your fiance will not become a public liability. So having trails of correspondences such as e-mails, snail mail, phone records, skype record, pictures showing time spent together, pictures showing your engagement ceremony (in the Hmong culture this is a very important event because it let's the friends and family know of the intended union and the CO is expecting this), and any other evidence you can think of to support your relationship. Also, it looks like one of the main reason for denial is lack of income. Find out from the US embassy in Laos if they do accept a co-sponsor for K1 fiance visa and or CR1/IR1 spousal visa. Take the necessary steps to apply according to what will give you the best chance for approval. Get a Job that will fulfill the income requirement (look into assets that will help to qualify), check the poverty guidelines for your appropriate household. If this is too complex for you to do on your own hire an attorney or get someone capable of helping you fulfill the necessary requirements or help you understand what needs to be done for you to be able to bring your love one over here. It takes a lot of work and effort and sacrifice to go through this journey and we have all gone through it. We're glad to share our experience with you so good luck to you.

  14. I did mention that as of 2 years ago when I was in my K1 process the US embassy in Laos allowed co-sponsorship for married couple but not for fiance. Please understand the difference. That may have changed since then so please confirm with the Embassy.

  15. You need to find out from the US embassy in Laos whether or not they will allow a Co-Sponsor for the k1 application now. As of 2 years ago when I was in the k1 process they did not allow a Co-sponsor for Fiance but did allow for married couple. That may have changed so please find out. What is your situation regarding income? are you the only income in the household? Do you have assets that will help fulfill the income requirement?

  16. Eddie,

    I am really happy for you guys.

    When my wife and I went to our interview we took our Rental Agreement, bank statements, my employee benefit statements showing that she was also on there, pictures we took from our trip to the beach, also to Minneapolis Minnesota, and her Dental bills showing paid through my work benefit. The CO did mention that if it was the interview to remove condition the things we brough would not be sufficient so she told us to keep everything in a box for the next 2 years of everything we do together. Credit card bills, rental aggreements, bank statements, lots of pictures the more the better and everything that would have history of our relationship. She let us pass because we took pictures with my family and her family at the HMONG NEW YEAR. She said that really showed our relationship. Hope that helps.

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