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Edit: Ongoing topic - Click here for most recent post - http://candleforlove.com/forums/topic/49687-new-challenges/?view=getlastpost Those who have assumed all along that they were doing the right thing and on the right track may find out otherwise. From NBCNews Now the Trump administration wants to limit citizenship for legal immigrants The most significant change to legal immigration in decades could affect millions of would-be citizens, say lawyers and advocates.
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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
- 87 replies
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- I-130
- public charge
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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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Howdy all, When did you all add your spouses to your healthcare plan? I'm working on signing up for subsidized healthcare on Healthcare.gov to take advantage of those sweet sweet Premium Tax Credits but my wife doesn't yet have an Alien ID number, tax ID, or SSN... We're actually still present in China and will probably be sticking around until the summer, but I'd like to establish healthcare for the sake of evidence for establishing domicile during my wife's IV interview. Any thoughts? Thanks, guys! Peace, Jake
- 6 replies
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- Medical Insurance
- Spouse
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