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newacct

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Everything posted by newacct

  1. newacct
    You don't need to "do anything" in order to marry. Marriage in the U.S. works the same way regardless of status. Just have ID. After marrying, apply for Adjustment of Status. The main forms are I-130 and I-485, and optionally but recommended also I-765 for EAD and I-131 for Advance Parole. Each form will have many required documents (e.g. her birth certificate, your proof of citizenship, evidence of bona fide marriage) and supplementary forms (like I-864 Affidavit of Support, I-693 medical, G-325A biographical information, etc.). Make sure to read the instructions to know what you need. There are many checklists online. Someone made an unofficial guide here that seems decent.
  2. newacct
    Visiting or trying to visit will not jeopardize the K-1. Worst case would be that she is denied entry on the tourist visa.
  3. newacct
    Just curious, how did he naturalize without spending 5 years in the U.S.? He had to have been a permanent resident for at least 5 years; I know that you can be outside the U.S. for part of that time, but it seems hard for it to be that much. Also, I would imagine that he would likely have been to the U.S. at least once before he became a permanent resident?
  4. newacct
    How long she is authorized to stay in the U.S. is not related to when the visa expires. It doesn't matter if the visa expires while she is in the U.S. as long as her I-94 is still valid. How long she is authorized to stay is decided by the immigration officer when she enters the U.S. For visitor visa, they usually give 6 months. But if she has been in the U.S. a lot in the last year, or other factors, they may give less.
  5. newacct
    Sorry I misunderstood (not enough information in the thread). Yes, you are correct. She will fill out I-864 as the petitioner, and you will fill out I-864A as her household member. Since you filed jointly, for Part 6 question 13, list the "total income" number from the tax returns that you guys filed jointly. There is just one sponsor (his wife), filling out I-864, and he is a household member of the sponsor, filling out I-864A. They are not both filling out Affidavits of Support; the wife is filling out an Affidavit of Support, and he is filling out a contract to support the sponsor. There is only a single I-864 (the wife's). His wife (the sponsor)'s I-864's "household income" will include his income, because he (as spouse) is included in her household. That's why the I-864 has a section to list the household members and their incomes. In order for that to work, he also needs to fill out an I-864A. yes
  6. newacct
    She does not qualify for the I-864EZ. I am not sure what you quoted from, but one of the conditions for I-864EZ is "I am using only my own earned or retirement income". She is not using only her income to qualify -- she is also using yours to qualify. You are talking about Part 6 item 13? No, the sponsor (she) is required to fill out this information, in any situation (even if there's a joint sponsor; or in this case, when using a household member's income). A U.S. citizen or permanent resident is required to file U.S. taxes unless their income that year is below the threshold for filing. According to the I-864 instructions, if she did not file taxes for any of those years because she was not required to (because her income was too low) she needs to attach a statement saying so. Also, you will not be filling out an I-864A, since you are the intending immigrant. The intending immigrant's income can be included without filing out an I-864A.
  7. newacct
    She could potentially be either a joint sponsor, or a household member of you, the primary sponsor. To be considered a household member, she either has to live with you or one of you claim the other as a dependent. If this is not the case, then she cannot be your household member. To be a joint sponsor, she must have sufficient income herself (plus any of her household members, if any; e.g. her husband or any dependents) to meet the 125% poverty line level for the household size of (her household + 1 (the immigrant)). A joint sponsor cannot combine income with the primary sponsor, nor with another joint sponsor (that's why there can only be one joint sponsor per immigrant). She can only combine income with her household members. If it's just a household size of 2 (e.g. if your mom is not married, then it's just her and the immigrant, for a size of 2), then $20K is barely enough. For a household size of 3 it would not be enough. She could count assets like her condo, but only if they can be sold within 1 year without hardship to her. She would need $3 of asset to make up for $1 of income.
  8. newacct
    Just 1040's aren't enough? Need to have W2s? Yes, and all accompanying forms. An easier way is to order a tax return transcript from IRS. It's free and you don't need to include anything else with it.
  9. newacct
    Just 1040's aren't enough? Need to have W2s? So I'd need to do the 864A as a household member and not a joint sponsor? Sorry, I know I'm making this too confusing (for me) but I just want to make sure we do this right. I'm going to guess that you and your wife filed a joint tax return, and so would file a single I-864 as the primary sponsors including all income from both of you. No. The OP needs to fill out an I-864A to be able to include the current income from him. His wife has no current income.
  10. newacct
    #1. It is the "total income" on her tax return, regardless of whether it is joint or not. By the way, past tax return information is not related to current income, so there is nothing to not match up.
  11. newacct
    And in Cantonese, the slang for the yuan is 蚊 (Jyutping: man1, like English "mon" in "monday"), and the slang for dime is 毫 (Jyutping: hou4, like English "hoe" but lowest tone).
  12. newacct
    Why two I-130? Who is being petitioned in each of them?
  13. newacct
    Applying for a passport never gets you a nationality. Having that country's nationality is a prerequisite for getting that country's passport. In this case, the children had U.S. nationality automatically at birth, involuntarily. Sure, China doesn't recognize that its citizens possess other nationalities (this is Article 3), but that would mean they don't recognize it both before and after you get a passport. It would contradict that article if China can "selectively" recognize other nationalities sometimes but not other times so that they can "consider" you to have gotten another nationality when you get a passport, when there was actually no change in your nationality status (you've always had that nationality). It would be a bastardization of the meaning of "acquiring foreign nationality" if they can redefine it so that you can "acquire" it even though you've already had it your whole life.
  14. newacct
    Affidavit of Support can only consider current income, not future income. So it's not the $90k. But the $50k which will continue should be more than enough.
  15. newacct
    There is nothing in Chinese law or U.S. law that says anything happens to their citizenship when they reach legal age. There is nothing in Chinese law or U.S. law that says anything happens to their citizenship at 18. Article 14 - "Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives." Article 9 - Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality. Yeah so? I don't see the relevance. Article 14 is about applying to renounce nationality. Nobody is applying to renounce nationality here. Article 9 is about Chinese national who then acquires foreign nationality voluntarily. The people we are talking about were born with Chinese nationality and other nationalities at the same time automatically at birth. Automatic nationality at birth is not voluntary, and is not "acquired". Anyway, you are not disagreeing with this because you are claiming that somehow they lose Chinese nationality if they do not "choose" when they are 18, which presupposes that they had Chinese nationality before 18. I was responding to your claim that somehow these people who already have Chinese nationality at birth, that something will happen to their Chinese nationality if they do not "choose" when they are 18 or something. None of what you quoted relates to this thing that supposedly happens at 18. In fact, what you are saying contradicts Article 14, which says that Chinese nationality can only be lost through Article 9 (voluntarily acquiring another nationality) or by applying to renounce, neither of which has anything to do with age 18.
  16. newacct
    There is nothing in Chinese law or U.S. law that says anything happens to their citizenship when they reach legal age. There is nothing in Chinese law or U.S. law that says anything happens to their citizenship at 18.
  17. newacct
    It's not possible to not have Chinese citizenship. Just because you don't have a Chinese passport doesn't mean you don't have Chinese citizenship. According to the Article 4 of the Nationality Law of the PRC, a child born in China with at least one Chinese-citizen parent automatically has Chinese citizenship at birth. According to the Article 5 of the Nationality Law of the PRC, a child born outside China with at least one Chinese-citizen parent and whose Chinese-citizen parent(s) have not "settled abroad" automatically has Chinese citizenship at birth. So the children at issue here have Chinese citizenship, whether they like it or not. According to Article 14 of the Nationality Law of the PRC, loss of Chinese citizenship can only occur through a) Article 9, i.e. voluntarily acquiring foreign nationality, or b) applying for renunciation of Chinese citizenship and being approved. Absent either of these, a person cannot lose Chinese citizenship.
  18. newacct
    It should not be possible to issue a Chinese visa to a Chinese citizen, unless they apply to renounce their Chinese nationality. The OP sounds like they are talking about a China-U.S. dual citizen born in China, who has not yet left China. But anyway, the issues in this question apply to all Chinese dual citizens, whether or not they were born in China. I know it wouldn't work. But why shouldn't it? The person is a dual citizen due to the nationality laws of the various countries. Why should they have to go through more hassle to exit China? This may be the case. But think about it for a moment. A Chinese citizen is forced to renounce Chinese citizenship, or else they can't leave China? Does that sound logical to you?
  19. newacct
    The Chinese Immigrations Officers check for legal presence. If you are found to not have entered China legally, you can be fined. Administration of this policy is through the PSB - if you LOSE your passport, or happen to have been BORN in China, the PSB will grant you the exit visa as proof of legal presence - the Immigrations Officers simply need to match up a legal entry (or birth) with a legal exit. The airline will decide whether to board you or not based on whether you have the required documentation to enter the destination country. If you don't, they might otherwise find themselves in the position of having to take you back. Presenting a foreign passport to Chinese immigrations can be cause for having the Chinese passport (and even your hukou) revoked. ] If you are a Chinese citizen, holding a Chinese passport, why would there be any issue with legal presence in China? There wouldn't. The issue of legal presence concerns foreign citizens traveling on foreign passports, such as newborn babies traveling on an American passport. The administration of the exit issues is delegated to the local PSB. But the fact is, a China-U.S. dual citizen with a Chinese passport with no foreign visa, and a U.S. passport, will be unable to exit China until they get an additional permit.
  20. newacct
    The Chinese Immigrations Officers check for legal presence. If you are found to not have entered China legally, you can be fined. Administration of this policy is through the PSB - if you LOSE your passport, or happen to have been BORN in China, the PSB will grant you the exit visa as proof of legal presence - the Immigrations Officers simply need to match up a legal entry (or birth) with a legal exit. The airline will decide whether to board you or not based on whether you have the required documentation to enter the destination country. If you don't, they might otherwise find themselves in the position of having to take you back. Presenting a foreign passport to Chinese immigrations can be cause for having the Chinese passport (and even your hukou) revoked. ] If you are a Chinese citizen, holding a Chinese passport, why would there be any issue with legal presence in China?
  21. newacct
    The whole problem is caused by the completely non-sensical practice of Chinese exit checks requiring a foreign visa in the person's Chinese passport in order to exit. So what if I don't have a foreign visa in my Chinese passport? If I cannot get into the destination country, that's my problem. The airline conceivably cares (because they are liable for the return flight); that's why I demonstrate to the airline's satisfaction (with the U.S. passport for example) the ability to enter the destination country when I check in. But if the airline is willing to let me board (by the time one gets to the exit checks, one has already passed airline check-in), and I am fine with it, why does China care? It shouldn't. It would force Chinese exit guards to know the entry rules and documents for every country in the world (there are documents other than visas, e.g. Advance Parole, transportation letter, etc.). This creates a Catch-22 for people who hold dual nationality of China and another country (which can happen due to either birth in China or birth abroad), who need to travel from China to one of their other countries of nationality. According to Chinese law, China doesn't recognize that Chinese citizens possess dual nationality, meaning that for someone who holds nationality of China and another country, China only recognizes their Chinese nationality, and not the other nationalities. Hence, the only passport one can use to enter and leave China is the Chinese passport, since the other passports are not recognized in the eyes of China. However, the person's Chinese passport will not have a visa of the country they are going to, since they are a national of that country. So they cannot leave, unless perhaps they go through a third country. Now, suppose you say that the purpose of Chinese exit checks checking for a foreign visa in the Chinese passport is to make sure the person is able to enter the destination country (even though they have no reason to care, suppose they are just curious), okay, the person will say, I can show you how I am able to enter that country: that country's passport. But, the catch is that technically China doesn't recognize that passport since they don't recognize this person's other nationalities, so even if you show them it would be useless. This is my understanding of why the entry/exit permit exists -- an extra bureaucratic hassle to solve this completely unnecessary Catch-22.
  22. newacct
    You need to get some terminology straight. If you count your mother as a household member, then she is not a "joint sponsor". Basically, you are talking about two separate options: * Your mom as a household member of you, the primary sponsor. Then you would have a household size of 3. And she would fill out an I-864A, and she would combine income with you on your I-864. To do this, she would need to either live with you or be listed on your tax return. I am not sure if "planning to move in with her when we move to the U.S." is sufficient for her to count as a household member. * Your mom as a "joint sponsor". She would fill out a separate I-864 of her own. Her income would by itself (not combined with you) be sufficient to meet the guidelines for the household size of her household + 1 (so e.g. if she is married and has no dependent children, it would be 3: her, her husband, and the immigrant). If that is not sufficient then her husband could also be a household member of her, and fill out I-864A, etc. You would then just have a household size of 2 on your own I-864. Since you are living outside the U.S., your income is probably from outside the U.S., and thus doesn't count anyway. So there's probably no benefit to combining income with your mom, even if that were possible. So it would probably be best to just have your mom be a joint sponsor.
  23. newacct
    Here's a page from a U.S. embassy website that largely reiterates what the article is saying: http://blogs.usembassy.gov/philippines/?p=374
  24. newacct
    Here's an example of a state suing: http://articles.courant.com/2007-03-01/news/0703010724_1_legal-immigrants-immigration-advocates-sponsors
  25. newacct
    This was my point, and I think also the author's point. While the form carries weight during the immigration process, and is in fact a legally binding document, the government rarely if ever holds the petitioner or joint sponsor accountable to recover government money for aid (food stamps, welfare, what have you) that has been given if the immigrant has been receiving it. So, I'm not sure whether there is truly a serious financial commitment or just a paper tiger. It is "not legally binding". http://www.uscis.gov/sites/default/files/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html
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