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larry sellers

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  1. Thanks everyone! Looking back on the process it was pretty cut and dried. It's just that there are a million things that can go wrong, which I won't list here because I don't want people to worry about things they haven't thought of yet. Ignorance can be bliss! I was just worried because of our extremely negative experience the first time we went to get a tourist visa for my wife so we could visit the US. That delayed our first trip together to the US for my wife to meet my family and friends by 13 months. If that happened again I was going to lose my mind. Just to clear up a point about the taxes, I think I meant you can't use online software for filing back taxes abroad. I could be totally wrong about that, though. I am obviously not a tax or tax software expert. I just ended up doing them by hand and sending them to the IRS in the USA and everything went fine. Also, one more thing I should have added to my original list above was the following: 11. After your wife gets her green card and you both move back to the USA, be prepared to gain about 10-15 pounds. The portion sizes here are ridiculous!
  2. Hello everyone. This week my wife arrived in the USA after getting approved for her green card at the end of November. This website has been an invaluable resource throughout the green card process, and I wanted to try to contribute some information in case someone in the future has problems or worries similar to mine and is frantically searching for help on these forums. I also would like to take this opportunity to thank any and all of you who helped us along the way. First, here was our situation. I lived in China from Sept. 2002 to Sept 2012. My wife and I met in 2003, got married in 2008, got her first tourist visa to the USA in 2009, and got her green card at the end of November 2012. I did the Direct Consular Filing (DCF) at the Guangzhou consulate on August 17th, 2012. My wife was approved for her green card on Nov. 30th, 2012, so the entire process took a little over three months, but that doesn't include the two months we spent getting paperwork together for the August 17th filing. So, if you're reading this and thinking of getting started gathering paperwork today, it's going to be about six months before your wife has her green card in hand, and that's if everything goes flawlessly. We had a really bad experience when we first tried to get my wife a tourist visa in 2008 (she was rudely denied after the CO refused to look at any of the documents we had prepared), and as such I have had no faith whatsoever in the people at the consulate who held our future in their hands. Because of this negative experience, I spent way too much time worrying myself sick about things I shouldn't have. Here are some things I was sweating which I shouldn't have. These tips are for men doing DCFs in China for their Chinese wives, not for fiancee visas or people who met over the internet. 1. The best piece of advice I can give you is to tell your wife to get on the Chinese language boards on this website and make nice with the other ladies. They will tell her what forms and information she needs to get, and then she can tell you and you can just do it. The ladies do a great job of helping each other out. My wife was consistently more informed throughout the process than I was. 2. Establishing a domicile is easier than it sounds. If you have a bank account or still receive mail at a family member's house, you'll be fine. A letter from a parent explaining that you and your spouse will be living with them is a good idea. You do NOT need to rent an apartment or anything like that before your wife goes in for her interview. The Guangzhou consulate isn't going to fail you for not proving you have a domicile. 3. You and your co-sponsor MUST have copies of your income tax returns for the most recent three years. For some reason, the government gives you the option of just submitting one year, but they'll deny you if you do. They want three years, so give them three years. IF YOU ARE LIVING ABROAD, FILE YOUR TAXES EVERY YEAR. Many Americans abroad (including me) are confused about whether or not you have to file taxes if you live abroad. Yes, you have to file, but unless you make more than $92,000 per year, you won't have to pay any taxes. Yes, this is stupid. You should complete form 2555 along with your 1040 every year. You do not have to prove your income by sending them a work contract or anything like that; it is strictly on the honor system. Yes, I'm serious. Most tax software programs (like TurboTax) won't let you file electronically from abroad, so you're going to have to do it the old fashioned way and mail it to the USA, unless you have someone prepare you taxes for you in the USA. You do not need a tax professional. 3a. If you have not filed your taxes since you've been overseas, DO NOT PANIC! The IRS doesn't give a crap about you unless you owe them money, and unless you're making more than $92,000 per year, you don't owe them squat. Just file (at the minimum) the last three years (because your wife will need copies of these at the green card interview), and if you haven't filed for longer than that, file up to the last six years you haven't filed (the IRS only keeps the last six years of your information in their computers). File your back taxes now, or at least few months before your wife will go in for her interview. If you have more than six years of unfiled back taxes, you can do any years longer than six years ago later if you want at your leisure. 4. If you do a DCF, remember that the Guangzhou consulate doesn't care how much you make (just that you filed your taxes), unless you have a lot of money in the bank. They care how much your CO-SPONSOR makes. Here's some information about our co-sponsor and the documentation he provided. -Your co-sponsor does NOT need to be a family member. My wife was sponsored by one of my oldest friends. -Our co-sponsor made $30,000 per year the last three years. He supplied the following documents: -Three most recent tax returns and W-2 copies -Passport information copy -The ten most recent weeks of salary receipts from his company -A signed letter explaining who he was and his relationship to me (note, he was NOT a family member) -Completed and signed I-864. That was it. Other people have supplied more information, but that did it for us. One more thing about your co-sponsor. It needs to be someone who isn't resistant do doing this, because the government may request more information from them. I don't believe in karma, but the person doing this needs to have a positive mindset about it, otherwise it's going to be hell for you and them. Find someone who is enthusiastic about you and your wife and ask them. 5. Make sure the correct person signs the correct forms. Triple check to make sure. 6. If your wife can speak English, she will have a much easier time at the interview. 7. You do NOT need a job in the USA for your wife to get a green card if you do a DCF. After I went to Guangzhou and dropped off all our information, I came to the USA to start on the job hunt. My wife stayed in China to finish her driving class and do her interview at the consulate. 8. It took about one week for the consulate to mail my wife her passport with her provisional green card, or whatever it's called, in it after she passed her interview, so take that into consideration when booking flights. 9. You don't go to the interview with your wife if you do a DCF. You go first to start the process, and then she goes by herself later for her interview after you prepare an ungodly amount of paperwork. 10. Unless you live in Guangzhou, getting your wife her green card is going to cost you a minimum of $2,000 for all the consulate fees, the hospital checkup, the plane/train tickets to and from Guangzhou, and the hotel in Guangzhou. Minimum. That's about all I can think of right now with regard to our experience. Just to be clear, I am not an immigration attorney or a tax professional, so use this information at your own risk. Good luck, grasshopper!
  3. "Enough" isn't necessarily enough. It's at the discretion of the VO's who are REQUIRED to look at the "totality of circumstances" in determining whether your wife might become a public charge in the U.S. Yeah, I know they can do whatever they want. I just want to do all I can to prevent them from saying no.
  4. So my friend that is joint sponsoring came through and provided the following: past 3 years full tax returns plus W2s, most recent three months pay stubs, passport copy, signed I-864, and a signed letter saying how happy he is to be helping sponsor my wife. Think all that will be enough? (he makes 30k per year, not a lot but well over 125% the poverty level)
  5. Yes, there are legal obligations to being a joint sponsor. I've actually arranged for a friend who understands the legal obligation to be my wife's joint sponsor, and he is enthusiastic about doing so. I had one other question as a follow up to my original post. On form DS-230, since I'm now in the USA would it be better to put my USA address on that one as well as the I-864? I'm assuming yes, but I just want to make sure.
  6. Dnoblett, Thanks so much for your prompt reply, especially the info that the tax docs can be scanned and printed. Really cleared things up and will make things easier. This I-864 is really the only snag left for us because the consulate seems satisfied with the legitimacy of our relationship in that they didn't require any P2 docs (and we are a legit couple, we've been together for 9 years). Thanks again.
  7. Hello all. We're a DCF at P3 now. Couple questions about the I-864: 1. We're using my Dad as a joint sponsor, so I know that he has to fill out an I-864, and provide 3 years of tax returns, a copy of his contract at work, and a copy of his passport photo. Does he need to provide anything else? He's really hesitant to do this and I'm trying to keep the number of personal documents he needs to provide to a minimum. 2. My Dad and mom are still married, and my mom works. Under what circumstances does she need to file an I-864a? My Dad's income is enough to qualify for the joint sponsorship, but I'm not sure if they file their income taxes jointly or separately. 3. My parents are weirded out by the idea of sending these personal documents (tax returns) via FedEx to China. Is it ok to scan and print documents like the work contract, tax returns, and I-864? If so, which documents are ok to scan and email to my wife in China for printing? 4. I'm back in the USA now. Is it ok that my address on the I-864 is a US address, or should I just put the Chinese address I used on the I-130? 5. Does Guangzhou care if the I-864 joint sponsor is a family member or a friend? The whole joint sponsor thing is putting a strain on my relationship with my parents. I have a friend who would willingly joint-sponsor my wife. Which is better? Thanks in advance for anyone who has any thoughts. This green card process is driving me nuts.
  8. Real good info here. This is the step my wife and I are working on now. Thanks a bunch!
  9. Thanks for the speedy replies and frank assessment, friends. Joint is the route we'll go. I have zero faith in government bureaucrats and want to give them no reason whatsoever to reject our application. Just curious, has anyone gotten a rejection because they filed separately? Regarding the Shanghai consulate experience, the woman looked at my passport, saw that it was a business visa and not a z-visa, threw it back at my wife, rejected her without looking at any of our other info (wedding photos, tickets and photos from trips abroad, etc.), and then said "You Chinese girls just want to go to the US so you can work in a Chinese restaurant." My wife, who is college educated, was in tears afterwards and I was seeing red. It took a career change and 13 more months to finally get a tourist visa to visit the US, and that was only because I went to the weekly visa help hour session at the consulate and basically ordered the kid taking questions to enter into the computer that we had changed our circumstances and met the requirements. I'm sure I will have more questions in the future. Thanks for indulging me.
  10. Hello everyone. This is my first post. Like most people here, we're beginning the green card process and I'm feeling completely overwhelmed by it. Also, we had a horrible experience getting my wife's first tourist visa to visit the US at the Shanghai consulate four years ago, so I'm terrified of doing something wrong with the paperwork. First, here are our vitals... I'm American, my wife is Chinese (pretty standard here). I have lived in China since 2002. We have been in a relationship since 2003, and have been happily married since April 2008. We do not own property in China. Regarding taxes, we earn less than $90k per year, so the Foreign Earned Income Exclusion would cover any taxes we would pay if we filed separately or jointly. We have only worked for Chinese companies. We do not have any income from the US. All our income comes from China. My father will be co-sponsoring our green card application (joint affidavit of support). My main concern is regarding taxes. Would it be better to file as "Married, Joint" or "Married, Separate"? I am not sure what the advantage would be if we filed as "Married, Joint", except that it helps to prove a "bona fide" relationship. However, we have lived together since 2004 and have numerous photos, plane tickets, etc. from trips we've taken abroad (4 to the USA, Thailand, Vietnam, Philippines) and from our wedding (which my parents attended in China) and numerous other adventures together, so I'm not too concerned that they'll think our marriage is a fraud (it isn't). Any advice would be greatly appreciated.
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