reliable

Hi again CFL I have a question about taxes, for the I-864 form. I called the IRS several of times, to ask if I can file for tax returns. I explained to them I haven't made any income what so ever for the past 5 years, and they told me I do not need to file for a return since I do not make the required income. I explained to them why I still needed to file, and they suggested a form called "4506-T Request for Transcript of Tax Return". The IRS, told me to check option 7, Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. The IRS said I can request the past 4 years using one form, then simply fax it to them and it will be processed and mailed to me with-in 10 days. My question is will this be good enough evidence, that I did not meet the minimal requirement to file for tax returns? Would this work at the interview? The IRS, is telling me that I can't file zero tax returns, and that they have never heard of anyone doing that before. =.= I am a little lost. If I were to file zero tax returns, do I just put all zero's down on the form, and then mail it to the IRS, and bring a copy to the interview? My father is going to co sponsor my spouse. He will be able to hand in all the required documents for the I-864. Much help appreciated! Thanks

The I-864 is brought to the interview I don't believe you mail anything to GUZ other than DS-230 and OF-169. Your father can scan and send to you now however it is best to have the original one in hand for the interview, more than likely this will be placed in the immigrations packet to be given to USCIS and they will want an originality signed copy. On your I-864 simply indicate that you are a "Jr" John Doe Jr. But the different SSN and other ID info like IRS returns should eliminate any confusion. Again all that you need to mail back to GUZ is DS-230 part 1 and OF169 per the directions on form OF-169. http://photos.state.gov/libraries/guangzho...0-Apr_%2010.pdf Ok I understand now. Thanks a lot for all your help! : D

This is everything we took to Guangzhou. http://candleforlove.com/forums/index.php?...st&p=536147 Ah, so I only send back to GUZ the DS-230 and form 169 for P3? I keep the I-864 forms, until the interview? Thanks

Hi CFL, I DCF'd the I-130 on April first, and P3 just arrived in the mail about a week ago. I have a few questions about P3, and was hoping someone here can be of help. I am going to use my father as a co sponsor, since I do not meet the 125% poverty guide line. My father will fill the form out and it will include his tax transcripts, pay stubs, etc. Can they all be faxed over to me, or will he have to mail them to me? When I receive, my fathers I-864, and am done with mine, will I have to mail GUZ 2 forms of the I-864? Our names are exactly the same will it cause any confusions for GUZ? Even our Middles names are the same. I am preparing to send GUZ, I-864 mine, I-864 fathers. (including the additional supporting documents such as tax records, etc). 2 Passport-sized photographs of the beneficiary Completed and signed form DS-230, Part 1, by the beneficiary Completed and unsigned form DS-230, Part 2 Photocopy of the biographic data page of the beneficiary's passport Certified birth certificate of the beneficiary Certified marriage certificate of the beneficiary and me Original police certificate(s) of the beneficiary Is there anything else I might be missing? I am planning on EMS'ing all the doc's to GUZ by next week. Thanks

Hi, again CFL I filed yesterday in Beijing, and everything went very smooth. My question now is how will I be contacted about my case? Will they call or mail me when I receive NOA1? Is there anyway I can watch my case status online? Thanks.

Thanks Randy W for the fast reply! I now know how they will accept the 1-130 thanks to you, so I guess I will just hand over the plastic folders with cover letters, and a table of contents of whats inside. I will still bring the accordion folder to keep myself organized, and to back myself up in case. I don't mind loosing the plastic folders. So do you guys think my folder plan will be good enough? When I meant medical exams, I mean not for the spouse. I meant the medical records showing spouses pregnancy, birth, and all other records regarding my daughter. Such as ultrasounds, hospital bills, and etc. As if now my daughter is a Chinese citizen. I have called USCIS in Washington, and have met the American consulate in Shenyang in person, to ask what I shall do for my daughter and her citizenship. Washington told me I can report her birth before she is 18 and change her citizenship quite easily. If I were to do that she would have to leave China, asap and terminate her Chinese citizenship at the Chinese Embassy in the US. She would also have to return to China, on visa's. Shenyang consulate, told me the same as Washington. They said that the process will take about 10 days. They even said she can get her passport in a day if I pay the expedited fee. I just have to prove she is the child of spouse and I. I sense a DNA test in the future. >_> I am in no rush since I have until shes 18 years of age and it's a fast process. I have already looked at all the filing papers that has to be done, and it is MUCH MORE simple than all the DCF paperwork lol. No domicile issue, no I-864 and so on. I will report her birth after and if spouse is granted an IV. Thanks

Finally I made the appointment with USCIS, in Beijing, to file the I-130. My appointment is on Thursday. I am well prepared, except the fact that I haven't put my folders into order yet lol. I am just lost as in how I should categorize everything. I will put all my papers into one of those clear plastic folders. (Papers enter through the sides). After loading them into the plastic folders, I will put them in one accordion like folder to bring with me. Now my confusion lies on what goes in what. 1. Plastic Folder 1 - I-130 form (2 pages) 2. Plastic Folder 2- G-325a's (Spouse & Me) 3, Plastic Folder 3- Spouses notarized & translated birth certificate. Spouses Biographic passport page. All other info that confirms her identity. 4. Plastic Folder 4- Copies of my birth certificate, baptism certificate, SSN card, biographic passport page with signature, and all other info that confirms my identity. 5. Plastic Folder 5 - Our notarized & translated marriage certificate. ( 1 white booklet). Copies of our little red marriage books. 6. Plastic Folder 6 - Reference letters from family and friends in the US. 7. Plastic Folder 7 - Pictures to prove bona fide relationship, and all other evidence of bona fide marriage/relationship. After all these folders are loaded. I will put a cover letter in English & Chinese, on top of each plastic folder. I will then put them into an accordion like folder to hold, along with the original documents for back ups. I am using paper clips to hold all the papers together. The accordion like folder is a bit bigger than the size of an A4 paper. Its quite small & efficient. Will that be a decent categorization? Will the person who accepts my I-130 want me to hand over the, accordion folder, plastic folders, or hand each paper loosely? Another question I have is regarded to my daughter. Will I have to bring in proof that she is the daughter of my spouse and I? I was thinking of bringing in all the medical records before and after birth. Also bringing our daughters, birth certificate, immunization booklet, passport, that little red booklet giving us permission to have a baby. ( Don't know how to directly translate it), and of course photos. The problem is that a lot of these documents will be in Chinese. Such as medical records, red booklet that gives us permission to have a baby, and etc. Will they not accept these additional documents since they haven't been translated? Thanks

I have tried to file the 1040 form on the IRS website using E-file. The form was not approved by the IRS. I am assuming it was not approved because I put all 0's lol. Do I need to have the form approved before bringing them to GUZ, at the interview? Or do I just go head and file all Zero's then print the form and give it to the VO? Do I really need to mail the form to the IRS? Also how will I be able to get the previous forms for 2007, 2008? Do I actually need to have the 2008, 2007 forms or would the 2009 be enough? I called the IRS to ask how I can get back the old forms and file Zero tax returns. According to the IRS, I am not eligible to filing taxes, since I haven't made any income what so ever in China, for the past 3 years. I have been at home taking care of wife, baby, house, mainly learning Chinese, Chinese cooking, and Martial arts, privately. Will a letter explaining my details of exempt, please the VO, even if he/she reads it? Id rather file zero than having the VO asking my spouse questions about it, but I am not a 100% sure how. Another problem of mine will be Domicile. I haven't maintained Domicile for the past 5 years. LOL, I am not even sure where my mail is being sent at the moment <>_<> I will see if I can get several job interviews set up for me in the United States, prior to the interview for my spouse. I can't open a bank account anymore since, my ID card is expired. Hmm... Any other ideas to help me provide a letter of intent to return to the United States? What are some other things I can do to prove intent? My father is going to joint sponsor and he will be able to provide all 3 years of tax transcripts. Should of knew all these laws a long while ago. I guess it's cause after being with my spouse in China, for 8 years, we finally decided to immigrate to the US. : <

Which form would I need to file for Zero tax returns? Also can I do this all online? Thanks

5) You will need to re-establish domicile, also file IRS returns if you did not in the past years, US Citizens may be exempt from paying tax on foreign income, however they are not exempt from filing IRS returns. Where in USA was your mail being sent, parent's home? If Parent's home then that is your Domicile. Will I still have to file tax returns even though I haven't made any income for the past 3 years? If so, would I be able to make up the 3 years of tax returns on the IRS website?

Hi CFL! I am nearly ready to DCF, for my wife in Beijing. I just wanted to ask the experienced DCF, people here for opinions and some advice on what I'll bring. Also a few questions. Quick summary first of Wife, and I. Spouse, and I have been living together in China, for nearly 8 years. Married together 4. We have a 19 month old daughter. I have been Teaching on and off, for the past 7 years. Currently unemployed. Haven't been back to the US, in 2 years. Wife and daughter, never been to the US, before. Wife got denied B2 tourist visa in 2003. (before marriage). Our plan is to bring our family back to America for a couple of years. Hopefully we can! Before I DCF, I really would like to know my chances of pink/denial after and if DCF is approved. Please give me honest opinions and advice. 1. My father will be Joint sponsoring. He is well above the 125% poverty level. 2. I am not worried about proving our marriage and relationship. 3. Wife doesn't have very strong ties in China. She is an elementary school teacher. 4. I am unemployed at the moment. 5. I am sure I will have a problem with Domicile. My Id card expired years ago. I no longer have a bank account in the US. I have never dealt with taxes. Can I deal with taxes online while being in China? I do have an annuity settlement which starts next year. Could I use that to show that I want to keep Domicile after arriving in the US, so that I can maintain the payments? What are some other things I could do to prove that I have the intentions to keep domicile? The last time I've been in the US was about 2 years ago. I have only been back twice during my 8 years in China. Should I be worried about denial because, I never maintained domicile? 6. Although it may not matter but my spouse and I are in our late 20's. We also have a very strong desire to succeed and have been putting all of our "Gong Fu" into this! Things I will bring when I DCF: Note: I will ask some questions. 1. I-130 Petition (2 Pages) 2. G-325A- Me - Do I need to print the instruction page and hand in also? 3. G-325A - Spouse - Chinese addresses are so long. Will writing them down in smaller letters be ok on the G-325a form? 4. Copy- Birth certificate and SSN Card - Me (1 page) 5. Copy - Passport cover and signature pages- Spouse (1 Page) 6. Copy - Passport cover and signature page - Me(1 Page) 7. Copy - My current Chinese (L) Visa (1 Page) I have called Beijing. and explained I am on renewable 6 month (L) visa's for the purposes of staying with family. USCIS, in Beijing said no problem. Lets hope so! 8. Copy - Our wedding certificate in Chinese (Red book for Spouse and red book for me) (2 Pages) 9. A notarized and translated copy of our wedding certificate. 10. A notarized and translated copy of Spouses, birth certificate. 11: Visa photos (2in x 2in - white background) of myself and Spouse. 12: Photos, of course to prove our relationship and marriage. How many pics would you guys say is enough? I have like hundreds... Should I also bring in wedding video? Numbers 9 and 10 are still in the process. How much did it cost for most of you to notarize and translate those docs? Anyways we are getting close to DCF. Is there anything I may be missing? I am planning on putting these files in folders, then using an accordion like folder case to organize everything. Another question that I had, is what goes in what folder? For example: Folder 1 I-130 and G-325A forms- into folder labeled (I-130 & G-325A's? LOL! much help appreciated on how to organize the folders Plus should I have my family send some invitation letters for my spouse? I really do want to thank all of you regardless if you guys reply to this post! CFL, has been very helpful and educational to me and my family!!!

Note: If filing I-130 to USCIS in the USA the I-864 is not filed with the I-130 it will be requested by NVC after USCIS approves the I-130. If filing petition DCF in China, the I-864 will be needed at the visa interview. I will DCF here in China at Beijing. I do not need to summit the I-864 until spouse goes to final interview? Also do I prove domicile together with the I-864, or prove domicile when I hand in the I-130? Thanks

Ok got it now. Thanks a mil! Hopefully I'll be handing in the I-130 form soon. Can't wait >_< I just need to verify some other things before we start. Once again thanks to CFL for all the education!

I see. Will I as the petitioner for my spouse, also have to file the I-864 form as-well though I do not meet the 125% poverty line? Will I have to reside with the joint sponsor, after arriving in America with spouse?

Which form would be the joint sponsor form? I need a family member to help me sponsor since I cannot satisfy the 125% poverty level on my own. I thought I-864 was for the petitioner, and I-864 A was for anyone who helps sponsors the petitioner and the immigrant. "confusion kicks in"

It would be nice if anyone could post an example form of the I-1864 A. Would anyone happen to have a sample form?

Well I called GUZ and no luck with anyone answering the phones. I called Beijing, and explained that I am on a L visa for purposes of staying with wife and family. I also explained that I have been in China for about 8 years and asked about the 6 month rule along with the residence permit. The nice lady, said that they will take my situation into consideration, and that Ill have no problem filing since I have been in China for longer than 6 month. She also said that a residence permit is not required, and that as long as I have been here for for longer than 6 months I will be able to file. NOTE: She did ask me where I was located first before telling me if I can apply. She also said that I can mail the application form to Beijing, and pay the free in Shenyang.

http://beijing.usembassy-china.org.cn/home...ecurity.html#a5 I see "U.S. Citizens with proof of residency in China", but it doesn't have a time limit such as the 6 month rule. I am assuming that the only way any one gets a residence permit is by Z and X visa's which are automatically 6 months plus. This being said the 6 month rule may not be mandatory. Just having a Z and X visa, along with a residence permit may be enough? I'm wondering about this issue, because I have been in China for over 8 years, and now I don't have a residence permit. I can get a student visa, within 2 weeks a long with a residence permit, but I'm not sure if that will work, cause I haven't been in China for more than 6 months on a residency permit. (I have been in China for 8 years on and off residence permits) I wonder about the Business visa holders? You need to contact which ever office you're in the jurisdiction of and ask them directly. Anything less would simply lead to uncertain hopeful thinking on your part. Good luck and let us know. The instructions that they sent me concerning the I-130 stated that a Z or X visa along with RP status were required. If you want to contact them (Beijing): Where did I get the six month stipulation? From the Guangzhou website: http://guangzhou.usembassy-china.org.cn/i-...n-relative.html and http://guangzhou.usembassy-china.org.cn/iv_faqs.html#B2 Again, I would advise you to contact them and make sure for yourself. We here at CFL can only share what applied to us. In the end, they are the ones holding all of the cards. Again, good luck. Strange that the USCIS, in Beijing doesn't say that they require the 6 month residency, but GUZ does. Maybe I'll have better luck with Beijing, or Shenyang in fact. Anyways I'm going to call all 3 of them to see what they say. Ill let you guys know what happens tomorrow Peace

Keep in mind a bigger requirement of the Affidavit of support is US Domicile, you will need to provide evidence that you did not give up your US Domicile and that living in China was a "Temporary" condition. Things like past year's IRS returns, US Bank accounts, A home in the USA, maintained State ID, etc.. will go to showing Domicile. You the petitioner will be required to provide an Affidavit Of Support even when using a Joint-sponsor, and your Affidavit of Support will require US Domicile. Also the Affidavit of Support will require past year IRS return, in your case by the time you go to interview, it will require 2009 return, simply file a Zero return and attach a copy to your Affidavit of Support. US citizens may be exempt from paying tax on foreign income, however you are not exempt from filing IRS Returns, unless below a set income level, however the Affidavit of Support requires an explanation why a return was not filed, most simply file a zero return rather than having to explain why a return was not filed, one less question for your spouse interviewing for visa to answer. About Domicile, Hmm this may get a little tricky for me then lol. The last time I've been back to the United States, was about 2 years ago. I flew to China, at the age of 18 meaning I didn't leave much behind. Such as a house, car, employment and etc. I also never done tax returns or received mail. The only things I could show proof of being back in the United States, are plane tickets, photos with family members, and small receipts purchasing things like food, small items, etc. (I doubt that will have any affect). Will I still be able to prove Domicile? What are some other things I could use to show proof of domicile?

http://beijing.usembassy-china.org.cn/home...ecurity.html#a5 I see "U.S. Citizens with proof of residency in China", but it doesn't have a time limit such as the 6 month rule. I am assuming that the only way any one gets a residence permit is by Z and X visa's which are automatically 6 months plus. This being said the 6 month rule may not be mandatory. Just having a Z and X visa, along with a residence permit may be enough? I'm wondering about this issue, because I have been in China for over 8 years, and now I don't have a residence permit. I can get a student visa, within 2 weeks a long with a residence permit, but I'm not sure if that will work, cause I haven't been in China for more than 6 months on a residency permit. (I have been in China for 8 years on and off residence permits) I wonder about the Business visa holders?

Wife has found this on several Chinese web-sites, regarding how to apply for the I-130. The Chinese sites, claim that the petitioners do not need a residence permit for longer than 6 months. They do however say that the petitioners need to be in China for longer than 6 months even if on an L visa. Chinese ÉêÇëÈËÔÚÖйú³¤ÆÚ¹¤×÷ºÍ¾Óס£¬²¢³ÖÓÐÖйú¹Ù·½°ä²¼µÄ¾ÓÁôÖ¤£¬Èç¹û³ÖÓÐÂÃÓÎÇ©Ö¤£¨LÀàÇ©Ö¤£©ÔÚÖйú¾Óס6¸öÔÂÒÔÉÏÒ²¿ÉÒÔÉêÇë Bablefish translation lol The applicant in the Chinese long lasting work and the housing, and has the Chinese official promulgation residential card, if has the traveling visa (L kind of visa) occupies above 6 months in China also to be possible to apply

Affidavit of Support: I am sensing I will have another problem, if I were to start the I-130 process. As I said I am currently unemployed, and obviously do not make enough income at the moment to pass 125% poverty line. Even If I were employed, in China I still cannot pass the 125% poverty line. My question is that do I still have hope using a co sponsor? I have a very supportive family which definitely passes the 125% poverty line. If not what other option could I take? Another thing I do have is Annuity payments from a settlement that I have coming to me by next year in Dec. The payments last for 15 years straight monthly. The periodical payments start at 1k usd though, and increases dramatically after 5 years of beginning payments. Could this be used to help me out with the Affidavit of Support? My wife, and I, do have property in China. The property of course is in spouses name. Would this have any positive affect on the Affidavit of Support? Finding a job in the United States that will pass the 125% poverty line, will not be an issue for me. I am assuming that wouldn't matter much on the Affidavit of Support since I will not have a job during filing. Also showing how much money I have in my bank account's will not be helpful in anyway when proving Affidavit of Support?

Ok sweet! Ill most likely go ahead and petition then. Going to Beijing a couple of times would be great also, since my wife has relatives there. Going to GUZ would be NOT FUN. I really do want to thanks Kyle and Randy W, for giving me the idea that I can even petition closer than GUZ. I am pretty dumb sometimes and fail to do my research once in while. The Shenyang website gave no information about this. When I start ill def keep everyone posted on how it goes. Thanks again

I think I have found my answer on where to petition. Below is what I have just read at the US Embassy in Beijing web site. Immediate Relative Immigrant Petitions (Form I-130): Link below for any who is interested http://beijing.usembassy-china.org.cn/homeland_security.html U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours. U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in SHENYANG, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation. Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing. Now correct me I am wrong, but does this mean I can deal with the whole process pretty much from the Shenyang consulate? Pretty much saving me trips to GUZ, Beijing, and the US? If so I might as well go for it instead of the B2. It may be better in the long run for us to do this.

Your other reasons are fine, but in your case, you'd probably file directly with the consulate as we did (assuming your in China under a permanent resident). Time wise, it wasn't that long - only three months for us (from filing the I-130 to the interview). Yea I am not 100% sure if the Shenyang consulate could allow us to file for the I-130. I thought that only took place in GUZ? Also I was afraid to ask when I was at the "Visa Inquiry Hour", yesterday. It may look as if we are trying to immigrate to the US, and be bad for my wife when she applies for the B2 visa. But hell yea by all means, if the I-130 processing could be half done in Shenyang, I would def do it. Anyone know if I can file for the I-130 at the Shenyang consulate? I couldn't find anything on their website. Actually, does anyone know if I can file for the I-130 at any consulate or Embassy closer to Jilin Province, such as Beijing?