MattW83

22 hours ago, Pmta1 said:

Right. Priority dates don't apply to fiance visas. Glad you found the mistake. Are you going to re-apply or send back a new I-485 with this rejection notice as a response?

Probably just send it back with a new I-485 after re-checking everything much more slowly this time. I have the 2 copies of everything as recommended though, so either way is pretty simple. They didn't take my payment yet, and so they said nothing has been "filed" at all yet, so it probably doesn't make much difference. Pretty dumb mistake on my part. I can't believe I did that.

Disregard, I'm an idiot. I checked 2a instead of 2c on the I-485. Maybe someone can learn from me.

So it says "based on the information you provided, your priority date could not be established."

She entered on a K-1 and we were married within the 90 days. I provided the NOA2 I-797 Approval for the K-1 as instructed in the how-to on this site. They sent it back too, so they saw it. It's asking for an original I-130 or copy of I-797 for the I-130, or "other evidence that an immigration visa petition has been filed on your behalf."

Any ideas? I didn't think I needed to do the I-130 if we were already doing the I-129F process. That's all the info they gave me. 

On 9/26/2019 at 5:49 AM, David7788 said:

hope this helps the next person preparing for the interview in HCM as my experience was totally different from what had been previously reported by other people’s experience.

It definitely did. Your write-up convinced me to attend my fiance's interview last week and I think it made a big difference in her getting approved. The CO (a young mixed girl) didn't let me stand there with her though, and sent the interpreter away entirely. The questions weren't all that easy either - for example, she was asked what year my mother was born (even I might have gotten that wrong...) We too saw very few pink approvals while there. We got blue because the background on my fiance's visa photo was "too dark," but went back that afternoon with a new photo and got approved. Her visa arrived today.

Maybe things have changed at that consulate since all those reports of easy interviews were written. Our case was pretty straightforward I thought: I lived with her over a year in Vietnam, neither of us had been married, no kids, no huge age difference... Everyone we dealt with was polite, but it wasn't exactly a cakewalk. 

18 minutes ago, missileman said:

Current income is not determined by prior tax filing.

https://cliniclegal.org/resources/calculating-income-affidavit-support

 

That's good information, thanks for the link.

10 minutes ago, Hoa Nguyen said:

Can you provide tax transcript prior to 2018 that would help substantiate your work history?

 

 

I appreciate it. I'm definitely sweating it, as you can tell. I do have the transcripts from previous years. In 2017 I only was taxed on income for half a year (I left that job and worked for cash on the family farm in June 2017), which (barely) meets the 125% level.  In 2016 I made more than enough, close to my current income level.

Thanks again for the reply. I'm just trying not to screw this up on my end.

Hi all, 

I couldn't find a case quite like mine, but maybe someone with recent experience can help me.

I expect the NOA2 for our K-1 in early September, and want to be sure I have the right documentation of my current income, which is tricky: I lived in Da Nang for all of 2018, working at a University there. They never provided any proof of income to me - they even put a false amount on my contract, to save on health insurance costs I suspect.

My fiance and I lived together from about April 2018-June 2019 in Da Nang.

I moved back to the US June 1, 2019 to accept a job offer here, and my income is more than enough to satisfy the 120-125% requirement. So, in short:

• I did not file 2018 taxes (everything I read said it wasn't necessary - and it probably wouldn't meet the income requirement anyway)
• I will not have tax transcripts (obviously) from 2019 before her interview date
• I can supply pay stubs and a letter from my current employer stating my income
• I can provide a co-sponsor, if they'll accept it

I was hoping to get some advice from someone who has recently gone through this. Is this enough? Will it be accepted in HCMC? Any feedback is welcome, thanks!