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mwatney

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Posts posted by mwatney

  2. Preliminary approval but with caveat

    in Interview Results

    Posted

    If I could add to this, despite what you may have been earning and doing up to the time of application, you find yourself in a Catch-22 when you want to apply for the spouse visa which, upon using it, requires you to quit your current job in China so you can move together to the U.S.nand, you are not the first to grind your teeth over it.

     

    But, it will all work out in the end, maybe not in the way you imagined. An old expression: you are more likely to have things go your way if you have more than one way you can go.

     

    Thanks for the encouragement! I've sent in the documents required and the CEAC website shows that the visa status has been updated today. It's still under "Administrative Processing", though. So we'll see how it pans out.

  4. Preliminary approval but with caveat

    in Interview Results

    Posted

    Thanks for the tips. I found a joint sponsor with income that's not high enough but have assets that meet the requirement. The joint sponsor has a joint bank account with his wife that can be used as proof of asset. Is it okay to just have him fill out the i864 or does his spouse need to as well? They file taxes jointly.

  6. Preliminary approval but with caveat

    in Interview Results

    Posted

    Do you have any savings that you can transfer to a U.S. bank? My letter from my bank was required to include the current balance, the average balance and the date that I opened the account. Not sure why it would be a strike against you if you had just recently opened the account.

     

    I think that the worst case scenario is that you arrive in the U.S. ahead of her and begin your job. Don't know how long you should work in the U.S. before your support is considered legit.

     

     

    I have savings and assets in the US but I did not list them in my I-864 because my Chinese income is way more than the poverty line.

  7. Preliminary approval but with caveat

    in Interview Results

    Posted

    Your income in China will not continue when you return to the U.S. They are required by law to provide a determination, above and beyond the information provided on the I-864, of whether she might become a public charge while in the U.S.

     

    You can't volunteer to pay additional taxes to make your income look higher than it is - that would raise red flags with the Consulate, and maybe the IRS as well. Your income is what it is. You should report your ACTUAL income to the Consulate.

     

    I'm not sure why they "don't recognize" your signed job offer. It seems like that would be exactly what they would look for.

     

    Filing DCF requires only that you live in China for filing purposes. Part of the process is to then set up domicile in the U.S. - hopefully, you have an address to return to.

     

    You might write a letter to the Consulate, explaining your circumstances (including your U.S. domicile), your ACTUAL income, and how it relates to your career (and employability) in the U.S. Don't forget to mention the job offer and salary, and include (again) a copy of the job offer.

     

    It sounds like you're close, but hit an overly anal Visa Officer. Perhaps the letter will be enough to overcome this hurdle. But if they want to insist on a co-sponsor, they can.

     

    The worst case might be for you to return to the U.S. by yourself and start the new job. That would be extremely heavy-handed of them to expect that.

     

    Thanks for the tip, Randy. When you mention writing a letter, do you mean snail mail? Or email? Which email? Can I just call them?

     

    Also, for the I-864, I haven't included my US assets. Will they reconsider knowing I have US assets such as stocks?

  8. Preliminary approval but with caveat

    in Interview Results

    Posted

    So my wife just got back from her interview at Guangzhou for her CR-1. We were going through the DCF process. She received a Final Processing Letter along with a green slip that wants her to get a co-sponsor.

     

    Here's my situation:

     

    I came to China for work 5 years ago and joined a startup. But my income was non-existent for those years and had very low AGI reported on my previous years tax forms. In 2015 (this year), I found a new job at a big Chinese company that pays above the poverty guideline for sponsorship but the consulate officer says they do not recognize my income from China. I also have a signed job offer from a US company that I will be working for in a couple months with high income and the officer says the job hasn't started yet so they don't recognize it either.

     

    I think it is pretty absurd. I can't find a cosponsor right now and I am asking for advice of what to do next. Some ideas off the top of my head so far:

     

    1. Change my tax form info from last few year and pay additional tax to get a higher reported AGI. Will IRS allow this?

    2. File a complaint with USCIS because I am not sure why they don't recognize my income from China.

    3. Write to congressman and seek help

     

     

    What do you guys think? I think it's very strange that the DCF process requires me to be living in China and now they say they don't recognize my Chinese income when it comes time for the interview. WTF?

     

     

     

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