Fiance Visa

Be careful using anyone here, most promise the earth and get you squat. Im sure there is one or two here that may be reliable, good luck.

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colinoscapee wrote:

Be careful using anyone here, most promise the earth and get you squat. Im sure there is one or two here that may be reliable, good luck.

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   "A reliable source" told me that chickens with dentures are easy to find...     

     ..but "Legal" and "Reliable"..?    (Whew!!)       ..double the trouble..?

       Yes, good luck with that...     ..we will worry for you...           
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Thanks for the insight.  I have since connected with a US attorney who specializes in these matters.  Since a fiance visa can be handled by either a US based or Vietnamese based attorney, I will most likely use a US lawyer.  Unless I get info otherwise.

Be aware that you will need to submit a Statement of Financial Responsibility (I-864) and will need either assets or income going back three years.  If you stay too long in Vietnam teaching you may be considered as without a source of income, as the dollar amounts are too low and it is assumed the income stops after you move back to the US.

Also,  would they consider my teacher retirement account, which I could draw upon but choose not to until later like in 3-4 years and my social security payments which I can draw on in 4 years.

In a word: No.  The only forward estimate of income they will accept is a letter from an employer stating their firm intention to hire you.  They want to know your income on day one after her arrival, not three to four years from now.  For a two person family, you need $20,575 in gross income.  If you start to take it now, will your pension be $1715/month?  Look up I-864P.  The 2019 numbers may be slightly higher.

You can also substitute assets for income.  In my case after 3 years in Vietnam, I had to use a combination of pension and assets to sponsor my wife of 3 years.  If you own a house free and clear that will easily work.  Another alternative is if you have adult children with sufficient income to co-sponsor her.  However if say you have a son with a wife and two kids, he will need the income for a family of 6 (his 4 and your 2) which is $42,175.

The current political climate, especially at the top, is fiercely opposed to immigrants receiving public welfare benefits.  This is what it is all about.  Check with your lawyer.

https://www.uscis.gov/i-864

Thanks for the info.  You noted assets and pension could be used, too.  Also owning a house as well.  This helps as I will not have a job line up when I return to the US.

If i were you, I would not take any chances.  If you are not financially independent to satisfy the income/asset test, I would get a job in the USA before you apply.  Even if you have to live in the USA for a few months before she gets the visa.  I can tell you based on personal experience and knowledge of how USCIS works, they are looking for any reason to deny you, now matter how trivial.  Thus, if you don't have an adequate income stream or substantial assets, in my opinion, you are wasting time and money.  You might want to consider waiting a few years until your retirement income starts.  However, if you are using a US based attorney, he/she should be advising you on these matters.

Good to know my attorney should be telling me this sort of info. I am still in the "free consultation" stages with a US attorney. I will see what he says about this.  Thanks for this info.   I like your suggestion of me getting a job in US first,  then applying.  But,  doesn't it take about 1 year from the start of the process until my fiancee can come to US.  I don't know? I am thinking of moving to Florida. / Ft Myers area.  Don't know much about other than I should be able to pay for a 200k condo or small ranch, in full,  with that.  Also,  I have a Masters degree in Education  and managerial experience at American Air so I think o can get a job . At this point I know age is a factor in hiring process.  I just need a job that provides a bit of income til retirement 4-5 years and as you mentioned a job will satisfy the USCIS. Does this sound reasonable?  And what do you feel is an estimated wait time for start of application to seeing fiancee in US. Thanks

schleger wrote:

Don't know much about other than I should be able to pay for a 200k condo or small ranch, in full,  with that.

It's not really clear what you man by that.  Do you own a home now, or not?  If so, the assessed value minus mortgage needs to be 5 times the poverty level.  So if you remain in Vietnam and have no guaranteed income immediately on return you will need 5 X $20575 or $102,875 in equity.  If you do choose this route, don't forget that you will still need to file US taxes while in Vietnam even if there is no tax liability.  Many US expats shine this off, as there is no penalty if no taxes are owed, but you will need to provide evidence of filing.  Look at section 7 of the I-864 and pages 9 and 10 of the instructions.

First, the time it took from filing the application to getting the k-1 visa was 6 months and I did all the paperwork myself. Yes, I have the requisite background. 

Second, depending on your age, getting a job for persons 50+ in the USA is not easy.  The statistics are the same for High School and college graduates.  Do not let the low unemployment rate fool you.  Can you find lower paying jobs, yes and it should satisfy the USCIS requirements, but getting a professional position as an applicant at those ages is challenging.  In addition, you are living on the other side of the earth so you need time for travel, interviews etc.  You better start ASAP and it could take longer than you think.  Here is an article from 2017 and things have not gotten better for this age group.  https://www.huffingtonpost.com/entry/ov … e1e0e20a74

Yes I will take your advice on how things take longer than one thinks...seems to be true .

So I do have the amount of equity in a home to meet the 5X rule... And... I now plan on securing a job in US first and then apply.  Seems this should satisfy USCIS?