Tom R
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Everything posted by Tom R
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Do you mean ‘separate income’ as in filed their taxes separately? Or do you mean a separate job? My dad’s retired and my mom runs a home day care - they file jointly. I thought that if my father’s income is 125% over the poverty guidelines for the household, then my mother doesn’t need to fill one out? Which brings me to my next question: How many would be considered in this household? Is it 4? I'm not included, am I? My income for last year is a big fat zero - no job whatsoever (aside from taking care of this little rugrat). I guess I’ll go ahead and file though as to not leave anything to chance. Not sure I get what you mean by treating it as a separate document. I’ll include the 2014 tax return just as additional evidence of earnings potential. And then include last year’s return with the I-864, as they only require one year of previous tax returns.
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So my DCF was accepted this time after getting the 2 year Family Residence Permit in my passport. It flew through this time with really no questions asked. I had the same officer (made sure to make him aware of that) so I’m pretty sure he remembered me and knew that I’d done what he asked and was now back, and therefore didn't give me any problems. Unfortunately, China PSB did cancel my Q2 visa in my passport with a red stamp and date over it after getting the Residence Permit. Anyway, now on to the next stages with some preliminary questions about the I-864: Joint Sponsor(s):- My dad will be a joint sponsor. He is retired with an annual retirement income of $70K. I’m thinking that will be enough to cover the 125%, right? Since my principal residence is the same as my parents’, and will be when we first move back, I guess the household will be a total of five people?: my dad and mom, my wife (beneficiary) and daughter (already a US citizen), and myself. -Don’t think my mom will need to fill one out if my dad's covers. I’m sure my parents file jointly. - Who fills out which versions of the I-864 between me and my dad? I haven’t looked into it too much yet but when I did, it seemed a little confusing if you and the joint sponsor will share a residence. Tax Returns:- I’ve been doing the stay-at-home dad thing for well over a year now, so I had no income last year. Do I need to file taxes? I read somewhere that if you had no income for the prior year, you don’t have to file and can instead write a letter stating that you didn’t have to file due to no income, and that will be good enough. -Along with submitting a letter stating no reason to file taxes last year, I was also thinking of submitting my 2014 tax returns and skipping ’15 and ’16 for a couple reasons: 1) ‘14 was the last year I was working in the US at the job (Union Electrician) that I’ll be going back to when moving back, so it’ll help prove what I’ll be able to earn when moving back. …and 2) I was working here in China a little in ’15 and ’16, but nothing full time or anything that would be relevant to my future earning capability so no real reason to submit them, right? -Does this sound like a good plan regarding my tax return submissions of a letter for last year and ‘14’s returns?
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So I went to the PSB yesterday after getting my health exam and they accepted my application for a Family Residence Permit (2 year). When my wife called them last week, they said that it didn't matter which visa I was on for the family Res Permit, just as long as we were married. They told her that they would de-register my Q2 visa and I would now use the Residence Permit to exit and enter. Although they didn't mention anything about the Q2 yesterday so I guess I'll just have to wait and see when I get my passport back if they cancelled it. So back to Beijing on the 20th - hopefully they won't still require me to have a Q1!
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I expect so - yes. I don't see any reason why they would have "canceled" it. My original L visa was still valid after a year teaching back in 2010. You would probably have had to buy a work-related residence permit, also. But to get a work permit, you need a job. Your employer will handle the paper work and keep possession of it. It doesn't transfer to another employer. Yeah, I forgot that you have to have a job or work contract already in place to get a work permit here. Anyway, good to know that things are a bit different if you're already IN China.
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You can't even take your phone in with you at the US Embassy in Beijing so these pics may be helpful to some. Shows where this place is located on the map (blue dot) and what it looks like out front. They don't have any English signs so I wasn't sure what was inside but I had a hunch there were lockers in there and turns out I guessed right! Cost was 20 rmb
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So I could've applied for a work permit on my Q2 this whole time and been able to retain my Q2??
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Oh, how do you post pics on here? I found a place across from the US Embassy in Beijing with lockers for you to store a bag or whatever and thought I'd post a couple pics on here. You can't even take your phone into the Beijing Embassy so it's either the bagholders standing outside the gate or this little place with lockers inside...
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I am/was very prepared and my packet is extremely thorough, detailed, and organized to perfection. I also had all of my passport pages with relevant exit/entry stamps copied in duplicate and separated from my other passport pages so he could see them very easily. I told him that and he looked at them instead of searching through my passport. He was just hung up with the fact that I'm on a Q2. I don't think there's anything I could've said that would've changed his mind. I guess I didn't really think that they would be questioning the fact of me living in China so much! I mean, it's pretty obvious that I've been living here for the past 3 years with what I showed him. It's my fault that I overlooked the residence permit thing thinking that since my paperwork says "residence permit" on the top of the page that it was good enough. I mean their website doesn't specify at all what kind of residence permit you need. Yeah, my Q2 visa is for family reunion. I still don't see why that wouldn't be good enough for them. Anyway, my wife went to the PSB today and the officer she talked to said that they could give me the residence permit I'm looking for with my Q2 visa. Won't know for sure until I go there and try though because every officer is different, AND their website says a Q1 is needed. But she asked him a couple times and he said a Q2 will work so we'll see. He also said that I need to get a medical exam first so that's my next move. Thanks for the help and advice, Randy I'll keep you updated with my progress.
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Can't figure out how to upload a pic on here but the temp Res Permit I have says "Registration Form of Temporary Residence" at the top of the page. It's the same one they give me every time I go there that has all of my info on it along with our address - just with different dates every time, of course. The bottom of page has a red Police Stamp on it and it also says "Supervised by Bureau of Ext-Entry Administration Shanghai Municipal Public Security Bureau".
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Well, it makes me feel a little better to know that they should've accepted it. I just hate to make another trip to Beijing for nothing. What if I email them first with a question asking if a Q2 along with the temporary res permits is acceptable? If I get the answer I'm looking for that would give me a paper trail that I could bring with me to show them, but could also kill my chances completely if I don't... One thing I forgot to mention before is that he asked about our apartment. He asked where I've been living or something to that extent and I said my wife's apartment. He kind of scoffed at that and said "your wife's apartment?" and I said "well, it's OUR apartment but my name isn't on the paperwork." Then he kind of just moved on. But after thinking about it more, my name IS on most of the bank loan paperwork - just not on the real estate info. I wonder if that would be enough to prove anything worthwhile? I guess I could mention this in a potential email too? I should also say that the residence permit I have is the one that everyone gets (or is supposed to get) when they enter China. Just the standard TEMPORARY RESIDENCE PERMIT anyone can get at the local Police Office. (I can post a pic of it if you'd like?) I just go get a new one every time I re-enter China. Maybe it's not good enough? Is there another one I could or should get without losing my Q2 that they'd like better? Then of course it would only be a week old or so when showing it to the US immigration officer but hey....
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Well, I ran into my first problem - hopefully it's not too big of one but idk. I went yesterday for my appointment in Beijing to submit the I-130 and they wouldn't accept it because I'm on a Q2 visa. They told me that I need to either get a Q1 and try DCF again or mail it to the States. My multiple temporary residence permits and entry/exit stamps proving residence in China for the past 3 years weren't enough to file DCF. Said something like I need to be on a work or student visa or some BS. The officer seemed to be looking for other reasons to deny me too but maybe I'm being paranoid. First he asked about my passport with a smirk, like I didn't bring it or something. Then he asked how long I've been living in China to which I said 3 years, and he immediately started questioning about 2015 entry/exit stamps showing me only staying in China for 3 days at one point. I said that my wife and I were travelling around Asia a lot at that time and he acted like he didn't believe me. And wtf does it matter anyways from 3 years ago!? Then before going to talk to his boss about my Q2, he said "I see you have the notarial marriage certificate but where's the actual one from China(red book)? Do you have that?" with a weird smirk on his face. I said "it's right here, wanna see it?" And he just got up to go talk to his boss. I also overheard his boss and him laughing at the fact that I was on a Q2. Pretty infuriating. When he came back with his insincere "sorry but..." I said that your website says that one just needs to be able to prove residence in China and that's when he said something about having to be here on a work or student visa or something. (I guess you can't be here as a stay-at-home dad and file DCF) Then he said the process of mailing it to the US should take about the same amount of time as getting a Q1 and trying the DCF again. Both would take about 6 months. At least I think that's what he was saying - I was seeing red at that point. Okay sorry, rant over. Since I've been focusing all of my attention to the DCF process, I don't really know which direction to take now. Which do you guys think is the better option? Get a Q1 then DCF again, or mail to US? (I'd rather not lose my Q2-10 yr-180 day China visa but, whatever, I don't really care too much anymore at this point) I didn't even think I could mail my packet to the States since I've been living here in China, but if I can... -Will the whole process really only take like 6 months? I thought there were a few more steps involved if you file in the States that tend to make the process a lot longer? -Could it all be done with me staying here in China with my family? -Would I just pretty much mail the I-130 packet that I already have put together? -Would the I-864 process be any different with a joint sponsor? Hopefully my dad would still be able to just mail or email me his completed I-864... -Are there any other big differences that I should be concerned about? I know I'm going to have more questions but maybe you guys can help point me in the right direction again. Also, please let me know if there's anything I should consider or be aware of. Thanks a lot
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Ok, I promise these are the last questions regarding the I-130: -Do I really need to copy all pages of our passports, or is just the biodata page sufficient? Finding conflicting info on this -Okay if I use smaller binder clips and/or paperclips inside my packet, or should I just use one big binder clip along with tabs at the bottom? -Can we go ahead and sign forms before taking them in? No need to sign anything in front of an officer, right? -Does anyone know if there are lockers to store a backpack outside of the Beijing US Embassy? -I'm going to bypass the two-hole punches at the top. Hopefully this won't be an issue...
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Last questions regarding the I-130...hopefully: -Does my wife need to be present when submitting I-130 in Beijing? -should the I-130 cover letter have Beijing or Guangzhou’s USCIS address on it? I’ll be submitting to Beijing since we live in Shanghai but I know it gets forwarded to Guangzhou eventually so wasn’t sure…
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Couple more questions about the I-130: -ADDITIONAL INFO PAGE – You think it's okay if I put multiple previous addresses or employers in one section of the additional info page 9? For example something like this: - More Previous Employers - Employer 3: XXXXX, bla bla bla, Dates (from - to). (Then at the bottom of the same box enter) - Employer 4: Unemployed Dates (from - to). Since Unemployed hardly takes up any space I'm thinking it doesn't need it's own box, right?? ADDRESSES: I feel like I should enter my principal US domicile that I've maintained ties to somewhere on this form but not sure where. It’s my parents’ address that I’ve maintained as my own in the US since moving to China in 2015, and all of my mail and bills have been sent there along with being the address on my Driver’s License, etc. But I didn't live there immediately before moving here and haven’t lived there in the past 5 years so it isn’t listed as one of my previous addresses. I don’t think I want to list it as my mailing address, right? Do I need to enter it anywhere? What about on the I-864? Don’t want any contradictions. * I should also add that my parents' address will be where we will move to immediately upon returning to the US. -PASSPORT COPIES - Just the biopage, right?
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Two more quick questions: -My dad and I have the same exact name so I'm a "second" and have a "II" suffix after my last name. Since there isn't anywhere to enter a suffix, Do you think it's okay to just put it after my last name everywhere that it asks for my family name? Just wondering because it's not really part of my family name... -Part 4 - 62 a & b ask where the beneficiary will apply abroad? Will that be where we file the petition (Beijing) or where everything will eventually be processed (Guangzhou)?
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Sorry guys - maybe I'm overthinking things. I'll put my current China address under mailing address, and then won't enter any info of being unemployed other than maybe dates. I'll also not enter other stints of unemployment as it's asking about employment , not unemployment.
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Your name is NOT "TOM NONE R", nor is it "TOM NA R" - the I-130 requires a "properly signed" signature, so why not enter "N/A" by hand? I think I'll do that. I just thought I remembered reading somewhere that they prefer you to type as much as possible... Ok, last two questions of the day for I-130: -Mailing Address: – should this be where I’m living now in China or where I have all of my mail and bills sent to in the US? I'm thinking China -My employment history: – I put “UNEMPLOYED” for the first one. Should I fill out the rest of that info under that with my current address, or should I write “N/A” on them and just enter the dates unemployed? -and is it necessary to list other stretches in the last 5 years being unemployed or self-employed? Was planning on listing the self-employed for sure, but wasn't sure about the other unemployed stretch I had...
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Ok, but under A# it won't let me enter letters. Should I enter all zeros? Or just leave those blank?
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On the new I-130 is it okay to write "NONE" instead of "N/A" on lines that don't pertain to me? The USCIS instructions say to write "N/A", but it won't let me type in the / on the form. Maybe it's an issue with the new forms? Or maybe my Adobe Acrobat Reader DC? For Example on the last name line under other names used I tried "N/A" and I get a -Warning: JavaScript Window- that pops up and says: "Allows only letters, space and hyphen." So I tried using N-A instead and that worked until the middle name line said: "Enter Alpha Characters Only" It's kind of weird that they want you to write something in there even though most of the sections say "(if any)" after asking for something, like Other Names Used (if any) Seems to me the best way to answer that is by no answer at all if in fact there are no other names used. Anyway, what should I do?
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You're right, choices is a better word for it. And yeah, I don't want to take any chances of being accused of immigration fraud for sure. That's mainly why I started looking into other options. Ok, I'll write a good cover letter explaining my job situation and probably ask my dad to be a joint sponsor for backup just in case. I'm sure I'll have more questions about all of this going forward but will try to keep them to a minimum. Is it okay if I post them on this thread? Or should I find relevant existing threads, or start new threads? Which do you guys prefer? Thanks a lot guys
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Right, I wouldn't have done DCF with the K-3. Wanted to use that to start the process here and then finish it in the US with an AOS to give me more time, but oh well. Regarding the interview: was just wanting to know if I start the I-130 now and everything goes through super fast, would I then be able to wait to schedule the interview if we need more time? Or just schedule it for some time down the road instead of ASAP? Believe me, I've been studying as much as possible with a 10 month old. ; ) Thanks, Dan
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Damn, I thought I found a way to do it with the K-3. There sure is still a lot of info out there about it. After the I-130 is approved, how long do we have to schedule the interview? If we're not ready with the I-864s, can we wait to interview until ready?
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What about filing the I-130 and I-129F together for the K-3? Is that something I can do from China, or does that have to be done from within the US? Also, would the I-864 have to be submitted at the same time? Or could that wait until after living in the US for a bit?
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Hello everyone, I have a couple questions about the green card process with many more to come in the future, I’m sure. First, I’ll tell you a bit about our situation. My wife and I have been married for 4 and a half years. She is Chinese and has a 10 year – 180 day - B1/B2 US Visa. I am American, and we have a 10 month old American daughter who was born here in Shanghai. We’ve been living together in Shanghai for the last couple years but are getting ready to move to the US. We were originally going to DCF but I’m a bit concerned with the I-864 as I’m currently unemployed here in China and because my occupation when I'm in the US is an IBEW union electrician. If you know anything about union trade work, you know that there isn’t really such a thing as a work contract that is signed in advance, or that lasts for a certain amount of time, or that shows a yearly salary. I need to actually be there and start working to show all of that, which is what I'd like to do if possible I know a joint sponsor would be a solution but I’d rather not have to ask my dad to be one unless I absolutely have to. I also know that I could move back ahead of them and start working but splitting up our family is not an option. Questions: Is there a way to start the green card process for my wife while we’re still here in China, then we all move to the US and I start working to build up some pay-stubs and proof of income before filing the I-864? Or maybe even move to the States with my wife on her current B1/B2 visa and then start the whole process from there with an AOS after I’ve been working for a bit? Isn’t the I-864 normally one of the last things submitted? If that’s the case, couldn’t I make it to where there’s enough time between the start of the process and the filing of the I-864 for me to work most of next year, file taxes for next year, and then have a tax return to submit showing decent income while we all live there together? I was thinking you had a certain window (like 2 years) that you could wait to finish the whole process once it was started? Could that help me out with this situation? What are our options? Do we even have options? Thanks for your help in advance, Tom
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Ok, I know this is really old thread but the question I have pertains to the thread title. So, I have been living in China with my Chinese wife since January on a 10yr-180 day-Q2 visa. My wife has a B1/B2 visa for the US and has been to the States many times, as this is her third or fourth visa. We are travelling back to the States together for a month to visit my family in a couple days. So, when going through the US POE, should we just go through together in the US citizen line? Because if I remember right, they want families to go through together. Or should she go through the foreigner line and I through the US citizen line? In which case, do we say that we're travelling together or not? Also, should she bring anything along with her to prove that she will return to China, as she has already done many times before? Thanks in advance for any and all advice, Tom
