
B E
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Posts posted by B E
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Permission to travel is obtained through "Advance parole" form.
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Exactly, After you apply for AOS, you cannot leave until the permission to travel is issued, or, if you did not apply for the permission to travel, until you get the green card. Otherwise, if you leave the country before, you are considered abandoning your application and won't be able to get back because each visa is only valid for 1 single entry.
Children of K1 beneficiary do not get K1 visa, they get K2 visa.
While K1 and K2 visas are obtained using the same form I-129F, each beneficiary has to file his own form for AOS,
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Get a job now even if it pays less than expected, to get the transcript in May 2018. Show up with all your pay stubs to demonstrate your yearly income.
Worst case, your girl will get blue slip telling you, not enough earnings and to get a co-sponsor. You might also get a co-sponsor up front with all the associated paperwork if you have one already to be on the safe side and avoid delays. Like I said, having a co-sponsor is not so bad. If you cannot get transcript, you will have no choice than to show up with a sponsor anyway, but be prepared to give an explanation as to why you are not making any money.and able to survive. Do you live off drug money, racketeering, extortion or mom's allowances? Personally, I would not apply without a transcript supported by W-2's, and would wait an extra year to avoid that kind of questions. If your girl cannot wait, it would be a red flag in my book that she is just a gold digger like so many in VN. Another advice, I have been told that when the man doesn't show up with the girl at the interview, the case is easily denied. One of the questions is usually, how many times did the man visited the girl and when. The right answer is at least 2 times in the last 2 years. So, this is another reason to not be too much in a hurry to apply. The first question will be how, where and when did you meet the first time. These questions are asked to verify if the relationship is genuine which is the main concern for the consulate. If you are Vietnamese origin, expect more scrutiny from the interviewer. The American officer and the Vietnamese translator at the window will usually not talk to you, but only to your girl.
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Go to
https://vn.usembassy.gov/visas/immigrant-visas/preparing-for-your-interview/
to learn how it works at the Ho Chi Minh Consulate
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He can travel alone later, as long as it is within the 6 months (validation time of the visa). This is if you wrote that he would be travelling with you.
If you wrote "To join" he will not get a visa at the same time as you and will have to apply again to get the visa, but on the positive side, he would get more time to finish school than the 6 months.
However, if one of your children is reaching the age of 21 years he will have to travel before his birthday and apply for an adjustment of status before his birthday once in the US.
- irainp and Helen Quail
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Having a sponsor is not seen so bad if at least you can comply with the requirement of providing a transcript and some pay stub to show that you comply with tax law, paying your tax and that you do not owe anything to the US government (IRS), and you can support your wife with $50000 a year. Having a sponsor is not ideal but not so bad, if you can argue that the transcript does not represent a full year. It might work. Remember, the worst is to be denied as second chance is rare. So, make sure you have a sponsor that will not have cold feet after you apply because the consulate will give you all the chances to make things work unless you are cut lying (then it would be a death sentence). At the interview, if the 2017 transcript and the pay stubs of 2016 and 2017, with the W-2 are not enough, they will tell you to come back with the sponsor documents, (about 1 or 2 months later). People at the consulate are nice people but they have a process and you have to help them do their job by providing all the documents the law requires. I hope you can prove that you are in a relationship for a long time. A friend of mine was denied because he married a VN girl after only 6 months thinking that it would help to prove that he was serious. He had the wrong thinking because he did not know VN culture, Nobody in VN believe that somebody can fall in love so quick, unless it is a shame marriage, especially the Vietnamese guy who will be interviewing your girl. So, pictures taken when you met the girl with a date stamp is a must have, going back to as far as you can. You may have to set your camera to make sure you got the date stamp on the pictures with the proof that you were (legally) in Vietnam at the time (visa, airplane ticket, hotel receipt). Pictures of the relatives with you and your girl is also a nice to have (in fact, almost required to demonstrate that it is not a shame marriage and everybody knows about it).
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Ok. There is only one way and it requires preparation. Getting married will not help, it might even get more difficult and longer. Your only chance is to get a job now to be able to file income tax report with you income between September and December. Hopefully you will exceed the minimum poverty level required. The transcript will then be available upon request around May next year. The I-864 is not required to be presented with the I-129F, so you can send the I-129F prior to May next year. However, you cannot send it too early to make sure you have the 2017 transcript in hand when they will request it (let's say March 1st). The I-129F requires that you name all the places you worked for the last 5 years and lived since you were 18 years old. So you cannot hide the fact that you were in VN. It becomes tricky to say that you worked because I think you did not file a US income tax report. If you say you worked you recognize that you broke IRS Law. Big No-No, as they want to see that you are in compliance with US Tax law too with the transcript. So let's say it was through charity for a church organization (pagoda) and unpaid with free food and lodging. You are lucky that they now do not ask for more than one year of Tax transcript, otherwise they would cut you with your pants down. Getting married in VN is the worst idea unless you want to secure the lady. Mine has been waiting 10 years and she waited patiently, this is why we don't fight anymore and I am confident she is a good one, and decided to finally proceed.
I would advise you to take it easy, take your time, make her wait, arrange your life so you can support her when she will be here, unless you want to take the risk of seeing her looking down at you, not able to support her in the US while missing VN life and relatives, and risking a potential divorce
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You have to provide your tax transcript for the year before you apply. From what I understand you won't be able to produce it with qualifying level of earnings. Finding a job before the interview to show pay stubs will not meet that requirement. Your only recourse will be a co-sponsor but he will have to produce all the necessary documents. On the other hand, if you can prove that you have enough money to retire, you may be able to get away with it. However, I would also question how you are going to support your fiancee in US if you cannot find a job after 3 years. Maybe you should rethink the whole thing. My VN girlfriend has been waiting for the last 10 years without any problem as life in VN is not bad at all. We talk everyday and I visit 1, 2 or 3 times a year. There will be a big drawback for the future filing if they deny your case once.
Here is the reason you have to have medical insurance while you are in the US waiting for EAD/AP
in Moving to the US and Your New Life In America
Posted
I have no insurance and will not get insurance to feed the greed of insurance companies. The last time I got a $42000 bill from hospital, I told them to shovel it where it belongs. Knowing that they cannot force you to bankruptcy with a medical bill, they were out of luck with me knowing it. Then they try to negotiate, $200, $100, $50/month for the rest of my life, no! Then, $25000 lump sum, no! Then they offer $12000, and I said ok do you take credit card by phone? oh yes sir! I could have squeezed for another couple thousand dollar I am sure. So, if you don't have insurance, don't panic, a $60000 bill can be reduced to $15000. Now let's compare it to the amount they charge per year for a contractor like me. I think over the years and the number of times I needed a doctor or to go to hospital, I won at their game...hahaha