JonasMichaels

I just used last year. I submitted my 1040,1099's, W2, and a letter from employer as income evidence. No problems with the finances requirements.

Hi, you showed tax transcript for last year AND submitted 1040, 1099's and W2 as well?

Teaching her the looking them in the eye stuff. Also if it is a guy interviewer to also smile a lot. And then to lightly moisten the lips with the tongue. Also if it is a girl that it sometimes works with them. So much to teach, so little time.

Hi luckytxn, I tried to PM you but didn't hear back, would you update us on your situation? How you guys met? Ages? How many visits? Just so we can have an idea before we hear back on your PINK SLIP!! Thanks

Jonas

I ended up doing 4 years as well.

At our interview, they looked at a w2 or 1099 i had for one year, said the amount on the w2 or 1099 was not enough and blue/green slipped us. they just looked at a single w2/1099. Even though i made well over the guideline amount, because my wife did not know what to do, how to respond, we got blue slipped.

my point, explain to your wife the tax system/process here. make sure she can identify a 1040, w2, 1099. make sure she knows what those are... that are not just tax paperwork.

Since i make well over the poverty limit, shouldnt a tax transcript be sufficient since it includes 1040 and 1099's? Thanks

Jonas

Anyone have an idea of what time the CO's go there to eat? Thanks

Jonas

Did you submit 1 year tax transcript, 3 years or other? Curious as to how many people only showed the last years tax return/transcript and still got approved. Thanks

Jonas

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

Google "125% of poverty guideline". For two people it's about $17,500. Tax transcripts or complete returns including the 1099's. If you get 1099's you may not have "pay stubs" and technically are not "employed". Just substanciate your current income the best you can.

You may simply skip all asset related questions on the I-134 if your income is sufficient.

I am a little confused... If I get 1099's I am not technically employed? Will this affect the consulate's decision negatively that I don't get w2's?

I make well over 125% of the poverty guideline, have been with the same employer for 10 years, I just have always been on 1099's.

Jonas

"Employer" and "employed" are techical terms. You don't work for an "employer". Note that the I-134 asks you to tell them how you "derive an income". Self employed people are required to submit tax returns. Read the instructions and the form carefully, interpret literally and answer accurately and honestly, in that order.

Some people aren't as good at understanding instructions of forms as other people, the way some of this stuff is phrased confuses me. Are you saying that as long as I have last years tax TRANSCRIPT, since YuandDan says it shows 1040, w2, and 1099 information, that all I nned to prove income is the tax transcript? I do file taxes and I made around 50k this year. Should this suffice?

Jonas

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

Google "125% of poverty guideline". For two people it's about $17,500. Tax transcripts or complete returns including the 1099's. If you get 1099's you may not have "pay stubs" and technically are not "employed". Just substanciate your current income the best you can.

You may simply skip all asset related questions on the I-134 if your income is sufficient.

I am a little confused... If I get 1099's I am not technically employed? Will this affect the consulate's decision negatively that I don't get w2's?

I make well over 125% of the poverty guideline, have been with the same employer for 10 years, I just have always been on 1099's.

Jonas

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

The I-134 word for word states: a statement from the officer of the bank - date account opened - total deposits for the last year - current balance.

Does this mean 1) the consulate does not need monthly bank statements?

2) if I stay in Vietnam until the interview, how can I get a statement like this from the officer of my bank?

more importantly 3) if I get an interview date in say, March 2009, am I supposed to give them total deposits for 2009 or total deposits for 2008?

most scary 4) I had some large wire transfers of money in 2008 from another bank account I have. I assume this could be proven where the money came from (not exactly sure how unless I ask the bank officer to state that) but this opens up a whole can of worms as far as the red flag "he got paid to marry her" thing.

and finally 5) I make quite a bit of money through my job, more than enough to satisfy the requirements, is this whole bank statement thing OPTIONAL provided I have tax transcript and letter from employer?

HELP!

Jonas

luckytxn,

Would you please tell me when your fiancee received package 3 and package 4?

Thanks!!!

I don't know right off hand. I promise to try and remember to ask her and then post here and update the timeline to show it. I have been very busy with this and taking care of hurricane damage and working too much lately. When I talked to her earlier she seemed a bit more relaxed but still very nervous. I worry about her but she is a strong girl.

Luckytxn, any news yet??

Nice vid, man. Thanks for sharing

Jonas

Someone well known in this forum once told me that if you stick with it, you will eventually win. It's just a question of WHEN.

Well that may be true but I think that most people give up after a while. I have heard of people having to wait as much as 7 years before having their petition approved. I am not sure though about the circumstance of this particular case though. It seems that there are more people being denied since the consulate has undergone a complete change of staff than before. I would think that they would encourage both parties to be present when they conduct an interview, if at all possible. Making the interviews a little more personal wouldn't hurt either. It feels like you in prison talking through the glass windows. I guess that they need it though for protection from all of the people that they piss off during a day.

Yes, I think you're right, most people DO give up. That is why you hear this astronomical failure rate people like to quote you when you begin this process. People whose relationships are shaky to begin with typically don't last for 2 or 3 years of waiting. People whose cases really ARE fraudulent don't last.

I think I heard about that guy who waited 7 years. He's crazy as a loon. If it's the same guy.

Hang in there, fellows.

I don't know, the only fair way I can think of is to meet both or maybe a polygragh test.

I am with you on the having both people there at the same time. This could help prove that you have enough money to support your SO and it would give the CO a very good chance to see how you interact together. I think it would also help to calm the nerves of your SO if you were there as well. This process is amazing to me. On the fraudulent people. I never even thought of that as a way to make money. I understand that America is susposed to be the home of the free and the brave. For some reason I do not feel so free. I felt more free in Vietnam then I do here and I was a US Marine trained to hate the Commies. My first trip to Vietnam really changed my view on all that garbage the fed us. I am sure there are some problems but from my point of view in my limited time there I did not see many. Other then the traffic and the conditions of the roads.

This is a little off topic but Vietnam does have it's real lack of "human rights" problems because of the communism. I also feel free when I am here but we are foreigners here and the government here is really bad to its own people. My fiancee was harassed and threatened by cops last night and basically had her motorbike stolen from her for no reason. They said she wasn't wearing her helmet but she was OFF the bike at the time. Now she has to pay them daily for 30 days to get her motorbike back.

Back on topic, what bothers me most about Ralphs white slip is that is says based on social and traditional vietnamese customs which dictate a lengthy period of prenuptuals.... or something like that.... that seems wrong since MANY people on here had a week together before marrying or getting engaged and got the pink. Shouldn't America be basing decisions on American traditions and not on Vietnamese traditions? Just a thought.

Jonas

Ralph, would you mind posting the questions the CO asked your fiancee if you know them? Did she answer in Vietnamese or English?

Thanx

Jonas

she answered in english... and they were just about all the questions that have been posted here before. I will post them when I have a chance. She didn't really know how to answer about the town I live in other than its quiet and there is a lot of shopping and restaurants here. She didn't know my education background cause I really don't have one. I went to tech school for computers. They asked her where I got my associated degree. So she didn't know how to answer.

WOW. I need to remember to tell Phuong about my educational background. That is a weird question, we never talk about that. I doubt my school name would have any meaning to her or my degree (which I don't use for my job, at all). And how can she know about a city she never has been to? Very odd questions. I do think that emails and chats carry little to NO weight in this process. Something to think about.

Jonas

Ralph, would you mind posting the questions the CO asked your fiancee if you know them? Did she answer in Vietnamese or English?

Thanx

Jonas

No, it can't hurt and I'll tell you why. YOU ARE NOT GOING TO SEND AN IMPORTANT ORIGINAL DOCUMENT WITHOUT AN RFE! You didn't send any important original documents with your petition, so, why would you do it now? What you are going to do is send a photo copy of the original document along with a cover letter that states, "Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.", just like you did when you initially filed your petition(don't forget to include your case number, ie: WACXXXXXXXXXX).

Of course things can happen after you submit your petition that might impact your chances of success. That's life, s**t happens and no amount of preparation is ever going to change that. Is there a good chance that your addendum will make it into your file? Maybe not, but there definitely is a chance. Regardless, you will have the originals to present at the interview if necessary. So, what will you have lost besides the postage you spent sending in the addendum?

Thanks again... postage from VN But that's ok... thanks everyone

Jonas

Hi folks, I have been corresponding with some other VJ members, mostly Vietnam members, and wanted to ask the whole group about this. A few people have said that they have sent in "addendums" after the fact to the USCIS. They were waiting for their NOA2 (as I am now) and new information/proof happened that they felt was relevant to their case, so they sent it in after. Apparently, it was added to their file as it was returned to them at the interview. Since I am working with a hard, high fraud consulate, I wondered if it would be a good thing to send in an addendum if you had some new information that was relevant to the case.

Does anyone have any experiences with this or thoughts on it? Thanks

Jonas

Main problem is the addendum "marrying up" with the original petition. I guess it won't hurt to try but don't count on it. Have the same info ready for the interview.

Normally the original petition approval doesn't take much. However if you have important additional info for the embassy interview . Maybe the embassy will review the info in the petition they receive prior to the interview.

I haven't seen what the procedure [if any] embassies go thru prior to the interview. In the Philippines it doesn't look like the petitions are reviewed prior to the actual interview as the preinterviewer takes the documents they think are important for the COs and forwards them to the COs.

I guess my question is: Can it hurt? Besides it getting lost or not used, can it hurt anything? Can they say, darn, this person has too much proof and information, or is that silly? :-P

Jonas

Hi folks, I have been corresponding with some other VJ members, mostly Vietnam members, and wanted to ask the whole group about this. A few people have said that they have sent in "addendums" after the fact to the USCIS. They were waiting for their NOA2 (as I am now) and new information/proof happened that they felt was relevant to their case, so they sent it in after. Apparently, it was added to their file as it was returned to them at the interview. Since I am working with a hard, high fraud consulate, I wondered if it would be a good thing to send in an addendum if you had some new information that was relevant to the case.

Does anyone have any experiences with this or thoughts on it? Thanks

Jonas

Just curious if any other VJers are in Vietnam now. I am in Saigon. Give me a holler if you'd like to meet up!

Jonas

HI everyone, we were very late in getting our NOA1 due to the fact that a form wasnt notarized!! ughhh has anyone else had similar problems?? we have called the USCIS and they say we are still pending, people behind us in the IGORS list are getting their NOA2 its sooo frustrating, so now i think it wont happen til early dec ughhhhh im soooo over waiting....annie

This is somewhat off topic but what is IGORS list?

Specifically dealing with Vietnam would be great.... anyone know of others?

Jonas

I find it ironic that the OP specifically asked for no replies from anyone who isn't sure of their answers and the first reply posted is incorrect. Not only incorrect but from a country with much different cultural practices than Vietnam. The fact is that a one word answer without any explanation doesn't help much anyway. So, why add to the OP's stress with a negative reply if you aren't going to give any explanation?

The correct answer is, NO, this should not be a problem. First of all, the Consulate in HCM is aware of how important the engagement party is to VN people. They will not be confused about the difference between an engagement party and a wedding. In fact, it is expected that there will be an engagement party for the family and friends, especially if the wedding will be in the US.

To take this a step further, I have sent an email to the Consulate asking about this topic. The Consulate states that it is aware that couples wish to celebrate with the family in VN before leaving for the US. The only thing that the Consulate is concerned with is that there is no legal marriage. So, you can actually have a wedding ceremony as long as there is no marriage certificate involved. No marriage certificate=Not married.

Now I have read of couples in other countries having non-legal weddings and being denied visas. This is because in some countries, India for example, a religious ceremony is considered legally binding with or without a marriage license. But, Vietnam is different. Remember, you are dealing with a communist government and religious ceremonies are viewed differently by the government.

I don't have a link to the post handy, but someone on VJ recently(about 4 or 5 months ago) was approved in HCM and they had had a full blown wedding(not engagement party) without a marriage certificate. They sent an email to the Consulate to be sure this was not a problem. The Consulate stated exactly as I have and they took the email to the interview as evidence but it was not necessary, pink slip, first try.

I'm sure that people are just trying to be helpful but have no idea what the visa process is really like in VN. That is why this post should be in the Asian forum where people who are familiar with the specifics of how the HCM Consulate works will be more likely to respond. Sure, you will find stories of couples that have had problems in similar situations, but I seriously doubt any of them will be from the HCM Consulate.

Besides, what is done is done, so, why stress out about it now? You have made it clear that the party was an engagement not a wedding. In my opinion, this is a good thing for you. The engagement party will be excellent evidence to bolster your case of a bona fide relationship. Trust me, you will have plenty of other things to worry about without adding this to the pile.

One last thing, according to the K1 guru, ME, the Consulate cannot deny your petition based on any information already approved by USCIS in your I-129F petition. Since, you included info about the engagement party in your petition and USCIS has approved it, then technically HCM cannot deny you based on that info.

Good luck!

CraigCam ... GOD BLESS YOU! :-) I knew I should've posted in the Asia forum but didn't want to double post the same thing after I had already posted this. Yes, I know Melrose, he helped me a lot with this process, and he too had an engagement party that was like a full blown wedding and got pink on the first time. After I posted this "stress post" I realized that I was being ridiculous and paranoid as I was my divorce in the states was not even final when I got engaged to Phuong - so I couldn't legally marry her then, regardless. DUH. This whole process has me up in arms. I am sure everyone feels like that. Did you have an engagement party?

Good luck to you on the interview, PLEASE try to post the same day if you can because I, and I am sure other Vietnam members, will be waiting to hear your outcome. Will you be in Vietnam for it?

Jonas

OK - I am very confused right now. People keep giving me wrong advice, opinions, and a lot of unnecessary worry! Please don't answer this question if you don't KNOW for SURE.

I know that if the consulate thinks you were MARRIED in the beneficiary's country, that is bad.

I also know that for the VIETNAM consulate specifically, engagemet partys are looked highly upon.

I did have an Engagement Party with Phuong in Vietnam. However, it didn't look like a traditional engagement party, it looked like a wedding. She wore a veil, she did not wear a red traditional dress, and the party was set up like a wedding.

That being said, there are also signs everywhere (including in the pix I sent the USCIS) that say LE DINH HON. Which means Engagement Party in vietnamese, NOT wedding. Our receipt for booking the party hall (also included in my petition) says LE DINH HON. Even included our invitations which say LE DINH HON party. Getting married in VN is not easy, you have to jump through quite a few hoops. It is not like other countries and there would be a record of it.

Do you think this will be a problem for me?

Thanks

Jonas

NOA2 times depend on the service center, not the embassy you are applying at. Check out the graphs on this page for an idea of times up until the point HCMC receives your petition:

K1 Visa Historical Processing Times

We received our NOA2 in just over four months. Then it took about a month for my petition to arrive in HCMC. Once we returned packet 3, we received packet 4 about two weeks later. The interview was scheduled three weeks later. Just a few more days to go.

Hi Craig...Did your girl hire a company in VN to fill out the paperwork for her? If so, which one? How complex is packet 3 and is that all for her to fill out or did you need to do something?

Did she happen to turn in packet 3 by hand or mail it in? I was thinking if I am there, Phuong and I can go together to the consulate, turn in 3 and then get packet 4 right then. Is packet 4 just instructions then?

Phuong is a worrywart and doesn't trust the companies in VN to do the paperwork, she has heard about too many "mistakes". Think we can do packet 3 ourselves?

I know you will be excited and busy on your interview date but PLEASE take a few minutes to post. It goes of us waiting so much hope and ideas. Good luck!

Jonas

Could all of the blue slips be that they are just not going to give out any more pink's for the rest of this year? Is there some kind of limit they have to work with?

Scary thought Jack... I thought that too, maybe they have a quota or something. Like cops in America MUST give out a certain # of tickets. UGH.

Jonas

Another thing to consider is how will it effect your affidavit of support? That is one of the essential elements of the visa process.

STLHCMC was there for work and met his wife while in VN. Not sure about Chuck&Kim.

Aside: I certainly hope that your fiance is OK after her accident. Crack ups are very commonplace in VN. I agree it's no fun to hear about that being half a world away, but don't let it complicate your ultimate goal of having her with you in the US.

Best wishes for your fiance.

Thanks, I appreciate your words. I am worried sick. She is a tiny girl (I guess they all are, haha) but I feel it is my responsiblity to protect her.

As far as my affidavit of support, I work online mostly only needed to meet with my company in person once a month if that. Do you think I need to say that in my correspondances with the consulate or do I need to say nothing as long as I have my letter from employer, tax transcrips and 1099's? I get direct deposits with my paychecks too. Is this ok?

Jonas