HELP! Questions I didn't see in FAQ

[wu_aphex]

First of all, I am so grateful there is a web forum like this. It has answered SOOO many questions and I really think I have a handle on this whole China-to-America immigration process. But I have a few questions that I didn't see answered in any of the other topics.

 

My situtation is this. I am about to fill out the I-130 and G-325A and start the whole process. I currently live in Shanghai with my Chinese wife whom I married in Shanghai (her hukou) on May 21, 2005 (we even had the insight to get notorized translations of the marriage certificate) I currently have a one-year "L" type visa to live in China.

 

Question 1. The first time I went by the Shanghai consulate, they refused to give me the paperwork because I was still in my intital 3-month tourist visa period and had no residency permit. I still have no residency permit but after I got the one-year L visa I went again and they gave me the paperwork. I plan on getting the residency permit eventually, of course, but is ok if I turn in the paperwork without it, as long as the Shanghai consulate accepts it?

 

Question 2. On my 2004 taxes I only worked half the year in the US (I was in Japan as a student the other half) so I only made about $15,000. Will that be enough to clear the poverty threshold (I was a single individual at the time)? Also, I am no longer working at that job, I have a new job teaching English here in Shanghai, so does it even matter? I will probably need a joint-sponser anyway, right?

 

Question 3. I'm a little concerned about the whole "proving a bona-fide relationship" thing because me and my wife have a special situation. I meet my Chinese wife in Japan two years ago. She doesn't speak much English, and I don't speak much Chinese, but we both speak Japanese very well and that's our main way of communicating. But even if we make a video of both of us speaking Japanese, there's no guarantee that anybody at the Guangzhou Embassy even speaks Japanese to confirm/approve it.

 

Otherwise we have plenty of physical evidence (2 years of photos in many locations and with her and my family, Japanese language proficiency certificates, passport stating I have been in China since March 2005, etc.

 

I really appreciate it if some of you who have completed the process or are in the midst of it to give me some feedback. Thanks!

[Randy W]

. . . .

 

Question 3.  I'm a little concerned about the whole "proving a bona-fide relationship" thing because me and my wife have a special situation.  I meet my Chinese wife in Japan two years ago.  She doesn't speak much English, and I don't speak much Chinese, but we both speak Japanese very well and that's our main way of communicating.  But even if we make a video of both of us speaking Japanese, there's no guarantee that anybody at the Guangzhou Embassy even speaks Japanese to confirm/approve it. 

 

Otherwise we have plenty of physical evidence (2 years of photos in many locations and with her and my family, Japanese language proficiency certificates, passport stating I have been in China since March 2005, etc.

 

. . .

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I think the video will show you obviously holding a conversation. You can translate for them if they ask, but the videos are usually not even seen.

 

I think that base is more than covered with the pictures, etc. that you have.

[wu_aphex]

I think the video will show you obviously holding a conversation. You can translate for them if they ask, but the videos are usually not even seen.

 

I think that base is more than covered with the pictures, etc. that you have.

147204[/snapback]

Ha, that seems to be the trend. As long as you show you did your homework they don't bother to check it.

[tonado]

You will need a join sponsor unless you made over $16,037.

 

http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf

[wu_aphex]

You will need a join sponsor unless you made over $16,037.

Wow, down to the last dollar. Thanks. Joint-sponsorship it is. How do you know how many years back of tax receipts you need? And do tax transcripts need to be "fresh" for the Guangzhou interview? I would assume a tax transcript of 2004 would be good forever since the numbers usually don't change....or do they?

[david_dawei]

Welcome to CFL !

 

you are doing what is termed, 'Direct Consulate Filing' (DCF), but the acronym is not well known on the offical level. But here, we will use it.

 

Probably expect the whole process to take 6-8 months.. then you have 6 months to enter US.. so plan accordingly for when you want to enter the US...

 

Q1: Your best bet is to ask Shanghai Consulate. They will decide if they accept what you have (L visa). Normally most get a work permit (Z visa) and residency book to apply DCF.

 

Q2: Here is the poverty guideline for 2005.. some (if not many) who apply DCF get a 'joint sponsor'..

 

FY 2005

Sponsors Household size - 125% of poverty line

2 - $16037

3 - $21112

4 - $24187

 

Q3: A video is only requested by the VO, if the VO feels, at the time of the interview, that communication is questionable. THis is then turned in as 'overcome evidence' after the interview (you would not be allowed to present it as part of the interview evidence).

 

 

I agree with Randy.. your bases look covered enough with the fact of living together and other evidence, etc...

 

And if needed, if it clearly shows you two understand each other, I don't see much of a problem. (Just a thought: As part of the initial packet, you could provide a written letter explaining how you meet and communicate easily through the use of three languages..)

 

Here are some links for you:

 

Visa Journey, scroll to bottom for DCF

http://www.visajourney.com/forums/index.ph...om&page=compare

 

CFL FAQs: See Visa FAQ, then DCF within

http://candleforlove.com/forums/index.php?showtopic=11293

 

Again.. welcome and nice to have you join us !

Edited February 22, 2006 by DavidZixuan (see edit history)

[wu_aphex]

Again.. welcome and nice to have you join us !

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Thanks for the warm welcome! You know I came to Shanghai totally clueless about even getting married here, let alone the immigration process. My horror story is that I spent roughly $100 in Austin, Texas (I'm from San Antonio) getting a Notorized Certificate of Non-Marriage because I read on the Houston embassy website you need one BEFORE you ever come to China.....I then had that routinely rejected at the marriage registration counter because it did not include my middle initial (which is on my passport) and it was not translated into Chinese (neither thing was specified on the website). Then I found out you can easily get a single certificate at the Shanghai consulate for what, 400 RMB? This time around I want to avoid anything of the sort.

Edited August 16, 2005 by wu_aphex (see edit history)

[david_dawei]

You will need a join sponsor unless you made over $16,037.

Wow, down to the last dollar. Thanks. Joint-sponsorship it is. How do you know how many years back of tax receipts you need? And do tax transcripts need to be "fresh" for the Guangzhou interview? I would assume a tax transcript of 2004 would be good forever since the numbers usually don't change....or do they?

147211[/snapback]

The numbers don't change unless you change them !

 

I think you'll need the I-864 at the interview.. So.. you'll have filed 2005 by then probably... You need to provide 3 latest years of taxes..

 

Here are some more links.. for reading pleasure.. also info on 'joint sponors',who basically must meet same requirements as you... and submit an I-864 as well !

 

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

1-864 Check List:

http://travel.state.gov/visa/immigrants/info/info_1329.html

 

I-864 FAQ:

http://travel.state.gov/visa/immigrants/info/info_1328.html

[wu_aphex]

The numbers don't change unless you change them !

 

I think you'll need the I-864 at the interview.. So.. you'll have filed 2005 by then probably... You need to provide 3 latest years of taxes..

 

I read some information on the first link you gave me.....

 

My taxes in 2004 are only $15,000 so are not good enough, 2003 I didn't file because I had no income (student in Japan), but in 2002 I filed at least $20,000 (not a full year but above the poverty line at least).

 

In one line of the I-864 FAQ it says "This information must demonstrate that the sponsor and his or her household can reasonably be expected to maintain an income at or above the level required to provide for themselves and all immigrants they have sponsored or are sponsoring."

 

Wouldn't my last three years demostrate my ability to earn above the poverty line, as long as I explained that the only reason I physically didn't the last 2 years because of living in Japan? I could even go to 2001 which is even higher I'm sure. If they are looking for POTENTIAL then I can show them plenty...if they are looking at raw numbers the past 2 years I can't show much ONLY because of travel....

[david_dawei]

The numbers don't change unless you change them !

 

I think you'll need the I-864 at the interview.. So.. you'll have filed 2005 by then probably...   You need to provide 3 latest years of taxes..

 

I read some information on the first link you gave me.....

 

My taxes in 2004 are only $15,000 so are not good enough, 2003 I didn't file because I had no income (student in Japan), but in 2002 I filed at least $20,000 (not a full year but above the poverty line at least).

 

In one line of the I-864 FAQ it says "This information must demonstrate that the sponsor and his or her household can reasonably be expected to maintain an income at or above the level required to provide for themselves and all immigrants they have sponsored or are sponsoring."

 

Wouldn't my last three years demostrate my ability to earn above the poverty line, as long as I explained that the only reason I physically didn't the last 2 years because of living in Japan? I could even go to 2001 which is even higher I'm sure. If they are looking for POTENTIAL then I can show them plenty...if they are looking at raw numbers the past 2 years I can't show much ONLY because of travel....

147224[/snapback]

Wu_aphex,

 

Do you see the link in the upper right corner for CFL Chat?

 

Do you have time, we can go in there and probably discuss .

 

Just post back here if you are not able to get it ultimately...

[HanLi]

Hi, and welcome to CFL, here is where you will learn that patience is a good thing!!

 

My wife is from Shanghai, and I will be traveling there in November for a visit, maybe we can meet up.

 

As to your question, it seems you have some good direction already, the DCF is a little different than my application process, but the good news is you process much quicker.

 

You will need the I-130, a G-325A for each of you, the I-864 (see the links David posted) and be sure you make copies of everything. There may be other items requested for your particular process... just be sure to complete all the documents per the instructions.

 

Adamchildress has gone through the process, he may be able to provide additional insight....

 

Good luck and welcome to the family!!

Edited August 16, 2005 by hankhoude (see edit history)

[wu_aphex]

Good luck and welcome to the family!!

147227[/snapback]

Why thank you. Seems like a very close-knit community.

 

I got a really dumb question.

 

On the I-130 form, I must list her address and mine. We are currently both living in Shanghai in our own apartment, but should I list my house in the States as my address (to prove domicile in America), and this address now as hers? Then again, her ID card lists her parents house, so then it would be my house in America and her parents house in Shanghai. But we hoping to 1) show we've been living in the same apartment for a while now and 2) wish to receive all notification of the process here in our apartment. I'm suddenly so lost...

[wu_aphex]

Ok I checked the completed example form of I-130 (http://www.visajourney.com/examples/INS-Form-I-130.pdf)

 

and that answered some of my questions, but not all of them.

 

For example, obviously they want your current address (in my case, the apartment in Shanghai) on the first page. Then they say "where you intend to live in America", ok, my house in the States. But then they say "your relative's address abroad"

 

I suppose this means not her current address (which is the same Shanghai apartment and technically abroad), but her default address when she leaves China (her parents house, which is also the address listed on her ID card).

 

Am I correct? I don't want to be accused of fraud because I put the wrong address in one of these fields.

[HanLi]

Ok I checked the completed example form of I-130 (http://www.visajourney.com/examples/INS-Form-I-130.pdf)

 

and that answered some of my questions,  but not all of them.

 

For example, obviously they want your current address  (in my case, the apartment in Shanghai) on the first page.  Then they say "where you intend to live in America", ok, my house in the States.  But then they say "your relative's address abroad"

 

I suppose this means not her current address (which is the same Shanghai apartment and technically abroad), but her default address when she leaves China (her parents house, which is also the address listed on her ID card).

 

Am I correct?  I don't want to be accused of fraud because I put the wrong address in one of these fields.

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don't get bogged down, fill out the questionaire for each of you as it says on the I-130, (they ask for your current address) don't try to read anything else into the questions. I have my copy here, if you want to pm me, I will help

Edited August 17, 2005 by hankhoude (see edit history)

[chef4u]

Konban wa. Hajimemashite Richard-desu. Yokoso Candle e!!