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Showing results for tags 'Domicile'.
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Hello everyone, First of all a big thanks to everyone who's posted helpful guides of the DCF process for those of us living here in China wanting to bring our Chinese spouses over to the US. Everything was going well and approved (thanks to the advice on this website) until today when my wife had her interview in Guangzhou. When it came time for the interview, the visa officer asked her a few questions about our relationship but was mostly interested in our plan for when we go back to the US. When she started describing what she would do, he cut her off and asked about me (the petitioner and US citizen) and what my plan was. She told him truthfully that I was going to go back to school part-time and work part-time. After hearing that he declared that a part-time job wasn't enough to support two people so my wife answered that we'd have to stay with my mom (who is her joint sponsor) until we could save some money. She also suggested that we would both be working when we got into the US. He still didn't like this so he asked if I currently had a job in the US to which she answered no, because I am still working in China. Lastly he asked if I owned any property in the US to which my wife again answered no. After that he didn't ask her any more questions and gave her a white checklist for various petitioner documents with the section for "evidence of the petitioner's intent to establish and/or current domicile in the US" checked off. She also got a three-page document "9 FAM 40.41 N7 Domicile and the Form I-864" that lists the various requirements for domicile. Initially I was very confused why she got a request for this information because I had made a nice packet with a written letter of intent to re-establish domicile in the US and included a copy of my passport, birth certificate, driver's license, acceptance letter to study part-time in Fall of 2018, investment account statement, auto loan statement, insurance statement, bank statements and credit card statements. However, I didn't stick these with my form I-864 and instead had them as a separate "packet" in the front of the application binder. The document intake person didn't specifically ask for these documents (only form I-864 from me and our joint sponsor) and my wife didn't know how important they were so she didn't hand them in. What I am confused about is if I must include proof that I have a job in the US due to how much the visa officer asked about whether or not I had one or if my bank account, investment, auto loan statements, etc. that I had originally prepared (and they didn't see) are enough? I did some research and found on travel.state.gov's I-864 section under the heading "If a petitioner does not have a domicile in the United States can a joint sponsor file form I-864?" it says:"No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor." When reading that it sounds like I just need to prove my domicile in the United States with things like bank statements, etc. but not necessarily have a job already lined up since we have a joint sponsor whose income is $64,000, is this correct? I want to make absolutely sure that I give them enough evidence to show my domicile in the US. Also, after I submit these documents through CITIC bank, is this a "one chance" deal where if the evidence still isn't enough, we have to start all over or is it a back-and-forth process until we meet their requirements? Secondly, will my wife need to interview again? She said that before leaving the visa officer said there was nothing wrong with her interview but that they needed more information. Aside from the two white pieces of paper mentioned earlier, we have not received any further information from the embassy.I have not seen anyone else mention that a job in the US is mandatory although I understand it can be a big help. Thanks for any advice/information others can provide.
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Hi all Happy Thanksgiving! Being in China again during the holiday left me without yet another turkey dinner. I am going to throw this out and see what comes back to me. I've been in China for 12 years. A long time yea I know. I am married with two lovely twin girls(6 months). I of course want them to go to school and live in the USA. For obvious reasons. right? Here is the deal: I want them to understand China before I take them home. That means we will remain inside China for at least 5 more years but I am thinking more like 10. So theyll have some school here but no freaking gaokao for my angels. I want to know so many things so i'll just have to be anal about it and list them. If anyone can help, way cool. thanks in advance! 1. If my girls get their American passports but live in China how does it work with visas for them? 2. Do they need a visa? 3. This one is complicated: We did not go to GZ yet because there were issues after the birth but all is well. We didn't want to take the girls on a train at such a young age. So i am sure that I will have to pay some stupid fine. As if I broke a law having children. 4. Once my girls get their passports & visa etc blah blah, what do I need to do about getting my wife a tourist visa to go visit my hometown(Chicago)? 5. Is it easy for my kids to go to the USA? 6. What will happen to their hukou? 7. I forsee a major clusterfudge of paperwork, interviews and so on. What could I fully expect to see in terms of getting my girls their passports, visiting chicago and keeping them living in China for the next 10 years. 8. Any external links you may suggest to me? I would like to say that this site is really good and would like to thank all of you here. You make the world a bit easier for us red-tapers. - David
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Hello All, My wife was issued a ten-year green card late 2014. She was in the US for almost three straight years until late May 2017. She and my two boys have accompanied me to China for research. We'll have been here for ten months by the time we return late March 2018. I understand an advanced parole is suggested for individuals who will be abroad for longer than 12 months. As I mentioned, we'll only be 10. Three questions: 1. Given the current political climate regarding immigration, is there any reason to believe that my wife will be given any grief? I have plenty of documentation to prove our trip abroad was temporary, and that our home is indeed in the US. 2. My wife's Chinese passport will expire June 2018, about 3 months after we return late March 2018. Her green card is good through 2024. Will the expiration of her Chinese passport cause any problems? 3. Given everyone's experience, is there anything else I should do to ensure we all successfully pass immigration/customs upon our return? Thanks! -
I know many questions have been asked about the domicile issue, but I don't recall seeing anything that specifically stated what everyone put in the box Part 4 #5 "Country of Domicile". I have been living and working in China coming up on 7 years now and am not sure what to put in this box. The directions say "Indicate the country where you maintain your principle residence and where you plan to reside in the foreseeable future". I reside in China, but I plan to move back to the USA so this is not an "and" statement for me. Meaning that its not one way or the other but a combination of US and China. We are heading to Guangzhou next week for the interview and I want to make sure that we have the right information in that box. The supporting evidence that we are planning on moving back is not a problem, but I am not sure what to put in the box. What did everyone else put? China or USA? Also, I am a little concerned about putting USA as I don't want there to be a misunderstanding with the IRS or state tax agencies that we had the intention of coming back to that particular state because I gave up my residency in the state I moved from so that I can move to China. Any feedback would be greatly appreciated.
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I'm trying to order transcripts of my tax returns from the IRS website, but the website isn't working. (I live in China.) I was wondering if for the interview I can submit copies of my original returns (the last 2 years I used TurboTax online and can generate a transcript from there), or do they require the actual "IRS transcript"? If the latter, do they have to be originals? My plan B is to order paper copies of the transcripts (which the IRS website allows me to do) and have them sent to relatives in the US and they would take pictures or scan and send them to me to print out. -
Form I-130, Part C, 18.requests "Address in the United States where your relative intends to live" I am a permanent resident of the PRC. Although I own a home in the USA, it is currently being rented out for income, and I do not have a residence in the USA at the present time. I do intend to return to the USA shortly and rent an apartment. That being the case, how should I answer the question?
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My wife and I live in China and are planning on moving to the USA and are in the process of obtaining the spouse visa for her. We have already gone through the first steps at the Ganzhou consulate and she is scheduled to do the immigration interview. We are preparing our documents and I had a few questions about what exactly we will need, especially with regard to filling out the I-134, the affidavit of support. I would greatly appreciate any advice anyone has on it. 1- First of all, we are currently living in China but I obviously have residency status in the USA. When I am filling out the sections on the affidavit of support for my physical and mailing address which address goes where? In other words, I am living in China but does "physical address" refer to my official residence in the USA? I assume the mailing address just refers to where I get my mail in China. 2- My next question is about employment. I am currently working in China but will not have a job in the USA when I return. Should I fill in the section on employment with my current employer and income with my current income? Or should I leave them blank because I won't have them in the USA and they are useless for determining my ability to support my wife in the USA? I have heard different advice on this question and thought this would be a good place to ask for more. ( I know the specifics of financial support and can meet them with a co-sponsor so the job isn't how I'll reach the threshold). Thank you very much!
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Hello again community. I have two questions the interview and I-864. I think I have looked at stuff about this someone on either here or visajourney, but I just want to make sure. 1.) Since I have been living and working in China with a Chinese company, my income is indicated on my tax returns as foreign earned income. This means that line 22 (total income) of my 1080 is blank, there isn't even a 0. Would this mean that on my I-864 in part 6, 19.a,b,c, I leave it blank where it says total income? I'm not sure whether to put 0, NA, or nothing. (I already have joint sponsors) 2.) With question 1 in mind, for part 6, no. 2 do I put an estimate of my yearly Chinese income here (this wouldn't be 0). Also, should it be indicated in USD or CNY? Also, the only proof of my income are messy contracts that don't accurately reflect my income, and transaction histories of my debit card since I get my salary in a direct deposit fashion. 3.) Is it possible, or has it ever happened before, that my husband does the interview without my joint sponsor's I-864, and then we send the forms to the consulate when we have them? I am going to America in February to pick up the forms from my parents. I only ask this question because it's looking a little difficult to schedule an interview date since finding an available interview date is so spotty and doing this around when we are free, plus around my trip to America, plus going to and from Guangzhou from Guiyang, is getting messy. I prefer to not go this route, but if there's no choice... Thank you very much!
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Hello everyone. Just a few quick questions as my wife and I are slowly but surely approaching the date in which we will DCF at Guangzhou. My mother was going to be a co-sponsor since I am a recent graduate making a meager salary here in China, and with a savings amounting to a few thousand dollars, I was afraid that this would not be sufficient to prove that I was able to support my wife in the initial stages of the immigration process by myself. My parents have plenty of savings and the means to provide more than enough 'support' to my wife by signing a co-sponsor affidavit. The problem is my parents are planning on retiring in April, and move away from the United States. They will still have bank accounts, investments, and all that here in the US, but they will be selling their house. This presents two problems for me: I won't have an actual residence in the United States anymore since my parents home is my home on everything from Bank statements, to credit card bills, to my voting registration. Secondly, will my mom will be able to sponsor us if she isn't actually in the United States? They will be living in Malta at that time... Any advice is appreciated. Thanks. Nathan & Min -
I'm preparing to fill out a DS-260 form on-line, and there's a question that asks "Do you have an address in US where you intend to live?". This question makes me nervous because it seems related to the "maintain sufficient ties to the US" requirement, which is a bit shaky in my case. My situation is: (1) I haven't lived in the US since 2006. (2) I don't own a home in the US. (3) I use a PO box and a mail forwarding service for mail. (4) I have numerous US bank accounts and credit cards (5) I have a US (California) drivers license (6) I pay US taxes every year -- a *lot* of taxes. (7) I have various investments in the US (stocks, money market accounts, etc.) (8) I'm part owner of a small US company, though not really involved with it. (9) I don't have any relatives who live in the US. When we return to the US, my daughter will be going off to college, somewhere, and my wife and I will live in hotels for a while, or stay with friends, and then will probably leave the US. So, I guess I could answer "yes" and provide a friend's address. The question says "live", not "live permanently", so I'd only be deviating slightly from the spirit of the truth. I'm worried that answering "no" would automatically lead to denial of the visa applications. Any advice? -
Hey guys, another quick question. Hypothetically speaking, if the petitioner applying in GUZ for their spouse was in China as a missionary, would this cause any issues? Because it is technically illegal according to China's laws to live here as a full-time missionary, so I'm wondering if the US Government would take any issue with this or if they don't have a problem with it? I know that there are mentions of missionaries in the I-864 as to retaining domicile, but presumably this is in countries where being a missionary is legal. Thanks for your help!
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Hi Everyone. I've been reading up on a lot of forums on this site over the past few weeks and really appreciate all of the great input offered from those who have been down this path before. I have many questions about this process still actually, but will just ask a few for now, and post others later as time goes on. First a little background: My plan is to file DCF for a CR1 visa. We are not actually married yet, but this seems by far the fastest and least "mafan" of all of the options available for those who are able to use it. We have known each other for 3.5 years, and have been dating for only the last year. We plan to marry in spring 2017 and file immediately after. I have been in China for 3.5 years, the first two years as a student, then one year on the business "M" visa, and now just recently on a "Z" visa, with a residence permit, so by the time we apply it will have been over 6 months of being on a residence permit which meets the DCF requirements. From moving to China until now, throughout my time here, I've continually received income through the US, through a non-profit organization that I receive donations through, which is taxable income, and as such I have filed taxes each year since residing here. I have recently also started earning income here in China, and will begin filing this foreign income along with my US income on my next tax filing. I do not meet the financial requirements for support, so my father will be our joint sponsor. We also plan to stay with my parents when we move back, which is where I have maintained my permanent address. The bona fide marriage doesn't concern me as much, as our relationship is bona fide and we have evidence such as photos, chat logs, etc., though no joint bank accounts or leases yet as we're not living together at this time. But this doesn't seem to be as big an issue for DCF filers. My main concern is with domicile. And I'm still a little confused about which way to file, either as having maintained domicile, or intent to re-establish. When filing, do you have to claim one or the other? Or can you just include evidence that I believe proves I have maintained domicile, with additional evidence showing intent to move back? So far my available evidence is: active voters registrationactive drivers license, recently renewedmultiple credit cards with parents address as permanent addressmultiple bank accounts with parents address as permanent addressretirement account with parents address as permanent addresscontinually active health insurance, with parents addressletter from my father stating we will live with themWould the above be enough to qualify as maintaining domicile? Or should we go the re-establish route? Or again, do I have to choose? Another question is, if we were to be denied based on domicile, is it an outright visa rejection, or is there time to re-submit or change my claim from having maintained domicile to re-establishing? Also one last question, unrelated to domicile. Like I mentioned before we plan to marry and then begin filing immediately for CR1. Does any time need to pass before we begin filing, or could I theoretically file the petition in GUZ the next day and have no problems? Thank you in advance for your help, really appreciate your guys' assistance. -
I've just been reading about requirements for I-130 petitioners "maintaining sufficient ties to America", and I'm starting to wonder whether I have done this. The facts are: (A) I'm a (naturalized) US citizen. (B) I haven't lived in the US since 2006. [C) I don't own a home in the US. (D) I use a PO box and a mail forwarding service for mail. (E) I have numerous US bank accounts and credit cards (F) I have a US (California) drivers license (G) I pay US taxes every year. A *lot* of taxes. (H) I have various investments in the US (stocks, money market accounts, etc.) (I) I'm part owner of a small US company, though not really involved with it. (J) I don't have any relatives who live in the US. Does it sound like all of this is constitutes "sufficient ties". Are there any other factors that might be relevant?
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Hey there- Getting ready for the interview. My brother is going to help me sponsor my husband. I am a stay-at-home wife right now, so I have no job. We are job hunting and it is likely that we'll have something for both of us before the interview. We have about 18000 in savings but no hard assets. My brother's salary is well over the poverty-mark (he's an engineer), and he's single. Do we need to get any more sponsors? Should I ask my brother to disclose any assets? We have his taxes for 3 years, his biodata page, his I-864, his recruitment letter for his company- do we need any other paperwork? A letter from his company? Assets? Thanks for all help!
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A couple questions as I am gathering documents for both parts of the process. I feel that I have all the documents prepared for the preliminary petition for my wife as follows (found in the DCF Filing guide) But the following documents (I will highlight in red and explain why im confused) are unsure to me, and need some guidance. Firstly, the I-864, I need to print out and add anything that did not come up in the type by hand correct? Also I need to sign it by hand in black ink? No E-Signatures correct? 2. I only have one year of tax returns (for 2012) and 2013 and 2014 I was a full time volunteer for my church, and had an income of zero. How do I explain this to the CO, and what paperwork do I need to provide? I have a letter of being called as a representative for the church, that is signed by the leader of the entire church and the duration of the time, and also I have a letter of completion of service and the date of completion. Any advice? 3. Same question as the first: My mother is the joint sponsor, and so she has filled out this form, does she need to print this out, and sign it with black ink like my own form, or can she send it via email with an E-Signature? 4. Passport and Birth Cert are both fine? Photo copies make the most sense? 5. My mothers tax records are many pages long, some years it tops 100 pages. Does she need to give me HARD COPIES of ALL of this tax info? Whats the procedure on this? Thanks. Nathan&Min
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Hi everyone, I have been reading the tons of inspiring stories and kind, helpful advice on the site for over a year now. I have just gotten married and now it's time to start this long process. The problem is that I think I have read too much information and advice (given to others)! I don't know exactly where to start or what choices are the right/best ones for our situation. I am an American and my wife is from Shanxi, both born in 1983. I have been living in Beijing for about 2 years and we got married on August 1st this year. We applied for a tourist visa but she was denied this morning. I have to go to the States on business in October and had hoped she could come after the business was finished and meet my family for the first time. I wasn't too surprised that she was denied; American husband+no real assets+low paying job=low chance of issuance. I have been amazed by the kindness of people on this site in helping total strangers and hope someone may be able to advise us as well. I have many questions so any help would be greatly appreciated. First off, we are trying to decide if we should try DCF or if I should submit the application when I am in America in October. I have read the rules several times and am mostly stuck on the issue of domicile. Right now I am on a student visa and will be getting a z-visa very soon (as part of the business trip). I believe I meet the residency requirements for China but I haven't lived in the U.S. since I graduated from university. I lived 4 years in Japan and now 2 in Beijing. I have no home in America but do have a current driver license, an active bank account, credit card, 3 small investment accounts and I have filed tax returns accurately every year. Everything uses my parents' address. Where should I start?
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Greetings all. First time here. Great site. I am so happy I found it. I have worked in China for a long time and married about 3 years ago. I have always had a Z/working visa as I have stayed here for over a decade. I am heading home(USA) to spend time with my mom and start setting up life back there to bring my family from China home to live with me. I have a question. I will be giving up working in China but would like to get residence here. For example: Holding a working visa now which expires on Nov. 1st. (i'll be in the States at that time) I have plans to come back to China next summer. I do not plan to get another working visa I want what i heard is a family visa. Q1 or Q2 or something like this. The PSB here in Fuzhou said that I should come back into China on a tourist visa then go visit them with my family and apply for residency. has anyone done this? thanks - Alien
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Hi everyone, We are getting ready to submit our I-864 Affidavit of Support and I have several questions I am hoping someone can help answer: Should the mailing address be the sponsor's domicile address and the residence be our home in China? How do you write an explanation and provide documentary evidence of domicile? Does the sponsor (me) need to enter myself into Part 6, Section 6.a.? According to the I-864 instructions page, you are supposed to enter income entered in section 5 into section 6.c. as well, but this doesn't make sense to me, especially since in section 11 it acts as though I am not supposed to. Is foreign-earned income accepted? I have heard several mixed answers about this. Should I include my current bank account sum in Part 7,Section 1, even if my income is more than 125% above the poverty line?Thanks in advance for your support!
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Hi All, Address questions here for the I-864 under Part 2 "Information on the Principal Immigrant" & Part 4 "Information on the Sponsor". My background - US citizen married to Chinese hubby, DCF'd with visa interview set at July 27 (I'm getting so nervous...). We have been married for 5 years and living in China the whole time. Hopefully the questions make sense. :-) Thanks a bunch! Question 1: Part 2 Information on the Principal Immigrant - Mailing Address (2.a - 2.h) <-- Do I enter in the address my husband I live at here in Beijing? Question 2: Part 4 Information on the Sponsor - Sponsor's Mailing Address (2.a - 2.h), Sponsor's Place of Residence (3.a-3.h) & Other Information (4-5) Sponsor's Mailing Address (2.a - 2.h) <--Is this my current Beijing address? Sponsor's Place of Residence (3.a-3.h) <--Is this my US residence? Other Information <--(4-5) Which number to use: US or China (current mobile no.)? Which country to record for domicile? US?
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Hey all. Wondering if I should use the address that we intend to move to in the U.S. or my current address in China for the i-864. I know that I must establish domicile, which I've done through credit card statements, tax records, and an affidavit from my mother stating that we will be residing at her home as long as we need to once we arrive in the U.S. If I use my address in China, should I then provide a letter explaining that my domicile is established at a different address? One other thing - do I need a copy of the co-sponsor's birth certificate or will a copy of her passport bio page be sufficient? Thanks! -
Hi, Can anyone help me in filling out i864 form for my spouse and stepson age 19 and 20.i am U.S Citizen currently residing out side of u.s my question is do i fill out seperate forms for each immigrant? 1st form Principal immigrant will be my Husband 2nd form which box do i check for my step son's( part 2) do they also come under principal immigrant part 3: which box do i check ( i'am currently residing out side of usa and not working) so i have joint sponser part 5: do i have to check the box 1-4 ...example part 7 3...1 yourself 1 spouse 1 dependent 2 is that right. my stepson elder fellow is currently in U.S on student visa he went on 20th of Jan 2015, and will be turning 21 july7 ...so what do i do in this case. Thanks Dilo
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Having a little trouble filling out the i-864. Here's my story summarized: I'm living in China currently with my wife. I am employed and she is not. My current income is not above 125% of the poverty line. My mother will be a joint-sponsor. She is unmarried and lives alone. We plan to live in my mother's house temporarily when we arrive in the U.S. 1. Part 4.2 and 4.3 (Mailing Address and Place of Residence) - should I use my address in China? I know that I must provide evidence of domicile in the U.S. since I'm living in China currently, but wondering if I should use my intended address in the U.S. when filling out this form at all. 2. Part 6.6 a through c (Income you are using from any other person counted in your household size) - Should I leave this section blank? From what I understand, to calculate the household size on my i-864 I would count me and the person being sponsored, and on my mother's she would count herself and the person being sponsored, so it would always be a household size of 2 even though three of us will be living in the same residence. Is that right? 3. For every box we leave blank, including the squares for Alien Registration Number, should we write "None" or "N/A"? 4. Is it correct that both my mother and I need a letter from our employers? Is there a format for this? What should the letter from my employer in China state? My company is fairly incompetent when dealing with most issues, so knowing exactly what they need to write would be helpful. 5. As far as establishing domicile… I have a driver’s license, some credit card statements from 2013/2014, and transcripts of my past 3 years of tax returns. Will that be sufficient? Should I have my mother write an affidavit saying we plan to reside in her home upon our arrival in America? Should I have my wife bring my actual driver's license to the interview? Thank you!!
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hi all just found this forum and relieved to see there is a community put there for advice/support i am a US citizen in SH with a residence permit for work (Z). i may transfer to my company's HK office this year if i submit the I-130 at the USCIS BJ office, immediately move to HK (work visa), and my wife moves with me (HK spousal visa), is there any negative consequence to the immigration process for my wife (PRC citizen)? if so, then is that negative consequence eliminated if she continues to reside in SH (we would maintain and apt there, she would get a HK spousal visa but not move with me, she and I would visit each other often) -
Hi everyone, First of all I would like to say thank you for all of your helpful posts, it has really helped me and my husband during this long process. We are in the final stages and have our interview scheduled in 2 weeks. I just have a few questions about the AOS form. I am the petitioner and my husband (French) is the beneficiary. We have been living in China for the past 5 years and now are planning on moving back. We will live with my mother upon immediate return and while searching for new jobs. My salary now does cover the poverty lines, however I do understand that this will not really be considered as I will techinically be unemployed when we move back to the US. I have a few questions below and confirmations: 1. Since my mom will act as the only joint-sponsor and her income is above the poverty line, does she need to fill out the I-864A or just the I-864? 2. When she does fill it out, is her household 2 or 3? Myself, husband and her would be living with her, but I am not a dependent legally, I think it should be 2 only, my husband and her-but not sure 3. Since I am filling out the I-864 as I am the petitioner, would my household be counted as only 2 since it will be me, my husband and mother too? 4. Also, since my current job here in Beijing will end shortly, do I even put that in the section under Sponsors' Income and employement, under the 'individual' income as I am still employed until we leave for the US? 5. #10 is the current annual houshold income (compared to poverty) if mines does not reach the lines, which currently does, will not when moved back to the US, does this matter as my mom will be filing as a joint sponsor and her total number will be higher? I imagine that I should fill it out with my current employment information and it will be supplemented with my moms? Thanks for your help!
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Hello there, I am new to the forum and am seeking some advice. I am a US Citizen, I have been working in China on a Z-visa for 3 years with a net income of about 20,000 RMB a month which is deposited into my Chinese bank account. I don't send over any money to my inactive empty American bank account. I have about 50,000 RMB in my local bank account. I don't currently have a job waiting for me back in the US and am working for a local company. My girlfriend and I have been dating for one year and we are getting our hukou in Harbin in October. After the hukou, I plan to apply for her to immigrate to America (I-130). Can anyone tell me what minimal financial standing I or she needs in order for us to to get approved? To be specific: Should I send money over to my US bank? Does she need to have any money in her own local bank account? (I deposit some money over to her every month to help pay bills/rent to the landlord) I am planning to ask my mother (home owner/ my residence in the US) and brother (high income) to apply for affidavit of support with me. Another note is I filed bankruptcy about 5 years ago but I've been maintaining several credit cards and building back my credit. All of your input is very much appreciated. Best of luck to all of us. Thank you. Julian
