Jerry & Fiona

Jerry where did you get the calendar that you linked to one of your posts?

You may be referring to one I just made for myself.

cedwards001 I am so pleased for the both of you. I'm in Saigon right now in my hotel waiting for my girl to come home from a late day at work. Engagement ceremony in less than 5 days from now. My guess is another 5-6 months till her interview. Of course I'll be in the U.S. at that time.

Anyway, so happy for you both.

Jerry & Fiona

I submitted K-1 also (Vietnam) two weeks before you submitted yours. I just received the RFE a few days ago and nothing else. I think they are getting close to your case.

I'm in Vietnam currently and haven't been on the forum until last night. I received RFE in the mail while I've been away. Actually my attorney received but I'm not sure what day he received. USCIS informed me by email that they would send RFE exactly 5 months to the day December 6 (The night before I left for Vietnam). My attorney said they only requested two photos of my fiance. He has sent the photos. Now, awaiting USCIS response.

At least things are happening now. I'm not worrying about it anymore. Just in VN with my fiance and very happy now and enjoying our time together. 10 days till our engagement ceremony.

Jerry & Fiona

Just my luck. USCIS emailed me today (5 months exactly) to notify me that they are mailing me an RFE notice that will need my timely response with their requested information. But I'm flying out in about 8 hours. I contacted my attorney, gave him my contact details and contact details of my neighbor who will be checking my physical mail for me while I'm gone. Go figure the coincidence of the timing.

I wonder what else it is that they need? The attorney handled everything. Hope he can take care of it until I return. At least there is movement.

Joyjoy, I'd love to agree with you. Every fiber of my body wants to agree with you.

But alas, my experience (perhaps a better word is expsoure) to any organization, governmental or otherwise, that is not directly accountable to its clients and customers (Hmmm... that sounds a lot like USCIS!!), has no vested interest in "making a lot of progress", in being "better than the competition"... oh! that's right. They have no competition.

Ok, now that I've got that off my chest...

I too am very disappointed in this process and the nearly-zero-level of status that these centers are required to provide to the public.

I sent my petition in on 9/1 and received my NOA1 on 9/10. At the time that I sent it in, the processing time from NOA1 to NOA2 was at about 70 days. Yesterday the site said 112 days. tonight it says 128 days!

Their stated target, if I'm not mistaken, is 5 months (150 days). At this rate, we'll be beyond that in a few more days.

As you can see in our timeline, it has been 5 months since I sent our I-129F and I'm still waiting on our NOA2. I'm leaving in the morning for Vietnam for 2 months. So much for hoping to do an interview while I'm there. At this rate, it will be summer before an interview happens.

I meant I'll keep my chin up and my eyes open.

The following is meant to be constructive criticism, so I hope you take it that way.

I don't doubt your attorney is familiar with the customs of Vietnam, but I wonder if he really knows the consulate in HCMC very well. If he did then he probably never would have suggested you consider filing an I-129F before having a formal Dam Hoi engagement ceremony, and after having made only one trip to Vietnam. I know from your signature that you're planning on having the engagement ceremony on your next trip. I hope you understand that the consulate expects your Dam Hoi to be a pretty big affair, involving at least 100 people (for the party), and costing thousands of dollars.

The problem is that the consulate is going to formulate their opinion based on what they see on paper before the interview even begins. There are more than a dozen active members of this forum who can confirm that their fiancee's saw the decision paper - pink, blue, or white - sitting in front of the CO, already filled out and waiting for a signature, when the interview began. Your fiancee may not even get a chance to submit evidence of your engagement ceremony.

I'm not saying you'll be denied. Others have done what you've done and succeeded, but the odds are stacked against you.

The liberal business deductions you're allowed on schedule C have bitten quite a few self-employed petitioners. Bear in mind that the I-134 is not simply a matter of meeting a magic threshold. The consular officer has a lot of discretion. You can certainly skip the schedule C deductions to pump up your taxable income on line 22 of the 1040, but the consular officer is going to see some income from contract work, but mostly unemployment compensation. If you can show current employment income by the time the interview rolls around it will certainly help, but if you're very close to the threshold then it's possible they could still deny you. Unfortunately, the CO's in HCMC rarely accept co-sponsors for K visas.

Looking at this rationally, your fiancee probably has a reasonable chance of being denied a visa. With all due respect to your attorney, whom I'm sure is well qualified, he doesn't have a dog in this fight, and will actually probably make more money from you if you're denied. What I'm saying is that you should be prepared for this possibility. If it does happen, then maybe you can take the extra time to continue to develop your relationship, maybe even get married, and work on rebuilding your financial house so that you'll be better prepared and financially qualified next time.

FWIW, I talked with several immigration attorneys before I started the process. The only one who gave me the straight scoop on the consulate in HCMC was Marc Ellis. He's not Vietnamese, but he lives in Saigon and knows the consulate there very well.

Well accepted information. I'm just trying to do the right thing. As for the ceremony coming up, we are expecting about 350 people. We'll just take it a day at a time.

It's not Vietnamese culture or customs at the Consulate. It's the USCIS and the history of fraud at the HCMC Consulate. If it was Viet customs and culture he would tell you bring an envelope of cash and things would happen as the coffee money was distributed.

I second Jim's comments and do urge you to keep reading through all the posts in the Vietnam regional forum to draw conclusions based on the collective experiences of the members.

Prepare your petition as best you can and continue to collect addtional supporting evidence in the time period from filing through the interview.

I see. Thanks. I'll keep my chin and and eyes open.

It's not NVC that will be the possible snag. From what you say the numbers will work for NVC approval, but HCMC can be a bit tougher.

What's your current income situation? What are you able to show for this year? The CO's in HCMC want to see that you are currently earning enough and that it will be ongoing.

Unemployed: Benefits expire today. Total paid this year is roughly $19,877. I will taking on work immediately when I get back in February 2011. I am willing to relocate and work multiple jobs. At the rate of our petition, the interview will most likely take place in the late Spring. I'm guessing around April or May. If that is the case, will they be able to look at the pay stubs I accrue during those first few months from my new job?

I really don't see what else I can do. I can't change the past. My attorney said not to worry and that everything will be fine. He is Vietnamese and has been handling these kinds of cases for decades. So, I trust him with his insight to the customs of his native country.

I hope this will help someone.

My attorney told me to come to his office and do the Affidavit of Support paperwork one week before my trip to Vietnam. He told me to be sure to bring my tax papers for the previous year (2009). I just got back from visiting with him. It appears my 2009 tax statement shows not enough income. I will explain the problem.

I was laid off from my $42,000/yr job in October 2008. I took unemployment for 2 months, then landed a 3 month contract job that spilled over into 2009. I went back on unemployment in March 2009 and also started my own design business.

My 2009 taxes show $11,261 from my contract job, $14,420 for unemployment benefits and a business tax write off of $24,420 for office equipment and other expenses, thus leaving a balance of $755 taxable income for 2009.

Going into this it never occurred to me that the tax write off would hurt my bottom line. It really sucks because I've never had the capital to get my business off the ground and I've been on unemployment all of this year as well.

I've been instructed to wait until I get back from Vietnam in February and do my taxes straight up without using my business as a write off. This means I will be looking roughly at $19,877 for my 2010 taxable income. I'm praying that will be enough to satisfy the AOS requirement for Texas. However, that means I will owe about $5,000 to the IRS doing it this way, which I'm fine with.

The part that sucks is trying to find work and making trips to Vietnam. Companies are reluctant to hire someone who isn't going to be around. I don't blame them. Never mind the fact that I have sold almost everything I own to come up with the money for attorney fees, plane tickets, travel expenses, wedding rings, filing fees and everything else that goes with a petition. The K-1 process taking a long time may actually be a blessing.

So, when I return, I'm going to keep my nose down and work 2-3 jobs if I have to so I can compensate.

Main point here is if you are going to do a tax write off, keep in mind how that will affect your bottom line when it comes to the AOS.

Dont dwell on the NOA2 or the timeframe.. It will eat you up.. Been there done that.. enjoy the time together and use it as a time for her to become more familiar with you... this will come in handy if she gets a tough interview...

dont be surprised if the interview isnt until Mar or April for that matter given there is so much time taken off for the upcoming holidays. both US and VN

As long as it's not being delayed for a lack on my end. Fiona and I will have tons more photos and adventures that will help with the interview while I'm there. I'm so excited. Flying out in 441 hours.

I totally feel you!!! I think everyone is pretty much "anxiously, yet patiently" waiting for our NOA2! I think the previous months misled us into thinking it would be a very quick turn around. But from what I heard, we just so happen to file during the busy months. I'm also planning a visit to see my fiance in late December. I was hoping that I could be there when the packet #3 would be picked up to help sort through it all. At this point I'm just thinking "God knows best". It will all happen in due time. So I would say enjoy your trip and more time in getting closer to your soon-to-be spouse. They say distance makes the heart grow fonder... I'm trying to remain optimistic and believe that before we know it, they will be here and this will all be a memory. But also seriously praying for the NOA2 to get here ASAP!!! lol

Yes. All we can do is wait. I just feel like a jerk when my fiancee asks about the paperwork and I never have any news. Her family asks her, she asks me, no word, then she tells them no news and I think they worry too much.

But it takes as long as it takes.

Ok, according to the averages based on the timeline I've made on this site I should have received my NOA2 by now. I wonder what is taking so long. I check the USCIS website every day and no change. I called them and spoke to someone who could only tell me the same thing and nothing more. My details are in my signature below. As of today it has been 128 days since the NOA1 file date.

I don't expect anyone to have answers. I just felt like mentioning it. If the K-1 approval (NOA2) takes the full 5 months as indicated in the chart on the USCIS website, it will be December 13th (154 days from NOA1 file date). Bummer since, I am flying to Vietnam on December 7th.

I really hoped I could be in Vietnam during the interview. Now looking at the average time between the time the consulate receives the paperwork from NVC to the time of the interview is 108 days. If the full 5 months above between NOA1 and NOA2 becomes the reality, the consulate would get the paperwork from NVC around January 2011 (thus the start of the average 108 duration time till interview), putting the interview sometime around May. I'm coming home the first week of February.

I guess I should just enjoy my trip and hope my fiancee does ok at the interview without me present. Though, I would rather be there for her. Not so easy to explain all of this paperwork and the long wait times to her parents. I've done everything I can.

Any thoughts?

I just tried the 1-2-6-2-4 options and it worked smoothly. Though they couldn't offer me any more information than what I already knew, it was still nice to know that our case hasn't fallen between the cracks. It's been about 4 months and the processing time is making me feel a bit on edge. I'm due to go to Vietnam 4 weeks from today. Will be there for 2 months. Fingers crossed that I can be there for the interview.

Good luck!

I spent a semester studying in Germany back in '06, and I had no idea that I was going to meet the love of my life. Anna was also an exchange student, from Hungary. After knowing each other for a few months, we knew that we were destined to spend our lives together. I can't imagine my life without her.

The process can be frustrating at times, but you will get through it.

By the way, you aren't a Cowboys fan, are you?

Cool. Thanks everyone for the VN forum link. Looking forward to reading it today. As for a Cowboy fan, I'm a serious musician and not much into sports all that much. I was a big Joe Montana fan a long time ago. But I must say it's kind of neat to see the Texas Rangers make it to the World Series for their first time. The new Cowboys stadium is pretty impressive also.

Hello. I just wanted to introduce myself. I'm Jerry from Dallas, Texas. I have petitioned for my future bride, Fiona, to come to America so we can be married.

This site is very resourceful. I'm very thankful to have found it. I hope to meet some nice people here as well. I know not everyone is on here for the same purpose. However, it appears that I'm not alone in having searched the world for my true love. That sounds very lyrical, but it is very true for many of us.

The anticipation is driving me crazy. Not just in terms of processing the paperwork. But having to wait to be with the love of my life.

Please, share your stories with me. I want to hear all about it. In the meantime, if any of you want to hear some free music that I have created, cruise over to my website. www.jerrymarkhammusic.com

'Like to Get to Know You Well'

Jerry & Fiona