I-864 and other original documents for interview

[naogong]

I already posted this as a reply to my earlier post about getting notice that GZ has received our CR-1 case at last, but thought I should send it as a separate post since it's really a different issue. Sorry for the duplication!

 

I'm trying to get my paperwork in order and I've found that I don't have a copy of either the DS-230 part 1, or the I-864 that I gave her! When I got the DS-230 part 1 she had filled out I found numerous errors, she had my wife's age wrong, left out the province on the form, etc. I made a copy, whited out the mistakes, corrected them, and asked my wife to review it when I sent it to her for her signature. I took the copy she'd given me to send to my wife to sign back to her along with the copy on which I had made the corrections, and told her secretary to correct them before sending, and that I wanted to review them before they were mailed. I reviewed the material and made sure that the corrections had been made, and also gave her the Packet 3 Supplemental Info. Sheet she'd given me to have my wife sign., and the the check to DOS for $380, and $70, and the I-864 that I had notarized. Also 3 years tax returns, letter from my employer of 23 years, copy of retirement benefits listing her as beneficiary, bank statements, etc. I was upset with her errors and delay in giving me the material to have my wife sign and asked that they send it right away and call me when they had done so. They called the day after I had given them the material and said it had been posted. In my rush to get all this together I thought I had been careful to make a copy of everything, but I now can't find a copy of the signed I-864, or the DS-230 part 1. After she received the letter from the NVC saying the case had been sent to GZ on 5-11-06, I went to pick it up and was given what I was told were my documents. I can't find a copy of either the signed DS-230 part 1, and I believe more importantly, the signed I-864! As I read thorough the material my wife should bring to the interview I believe she should have a copy of the I-864, which I don't have! Can anyone tell me if all of these original documents are required to be brought by her to the interview? I know that I have no worries about meeting the fiancial requirements, I have worked for the University of California, Berkeley for 23 years, have money in the bank, no debts except home mortgage, and will get an updated letter from my employer before I go to GZ to be "with" her for her interview. Sorry this is so wordy, I'm panicing a bit about my bad recordkeeping. sad.gif Knowing what I do now through my late acquaintance with Candle of Love, I would advise other future applicants to do what I've seen advised here. Do your own paperwork (unless your situation has special circumstances) and keep good records. Can anyone advise me?

[LeeFisher3]

Truly not a big deal there are a few things you can do to cover yourself.

 

If possible try to recreate the DS-230 part 1, but I doubt it will be requested, but just in case. It would be difficult for them to enter her into the computer at GZ without it.

 

On the I-864 you can make a new one, if your income alone meets the requirements try doing the I-864EZ and attach the most current tax return. Neither the I-864 or I-864EZ need to be notarized now, be sure to download the new one from USCIS web site.

 

Also have separate copies of the 2005, 2004 and 2003 tax returns or tax transcripts for her to have at the interview.

 

The odds are they will only request your most recent tax return, even though you probably gave it with the I-864. Asking for the most recent tax return is pretty standard, it demonstrates that you are still in communication with your wife as strange as that may sound.

 

If for some reason your interview doesn't happen until February or March you will want to get on your 2006 tax return as soon as possible and get a copy in her hand before the interview. As I recall GZ begins asking for the new years tax returns before April 15 because all good Americans would obviously want to file their taxes early.

 

One additional thought, it sound like a lawyers office mailed the forms off for you. I would suggest you contact them and ask for them to send you a copy of every document filed, if they tell you they don't have them it might be time to discuss a reduction in fee because they know better. I doubt they will do that, but it's worth a shot. Explain that you do not feel they did their due diligence in this case by not keeping copies of everything.

Edited August 15, 2006 by LeeFisher3 (see edit history)

[scott1956]

I would be a good idea to have a copy of the I-864, but it was my understanding that the I-864 you sent to NVC for the CR1 is reviewed by NVC and then forwarded to GUZ so the VO will have the I-864 in the package. At least that was my understanding Anybody have more info on this?

[LeeFisher3]

I would be a good idea to have a copy of the I-864, but it was my understanding that the I-864 you sent to NVC  for the CR1 is reviewed by NVC and then forwarded to GUZ so the VO will have the I-864 in the package.  At least that was my understanding    Anybody have more info on this?

237586[/snapback]

They are supposed to have it in the packet, but if they somehow misplace the first one it's not their fault and they won't issue a visa without a valid I-864. So it is wise to carry a fresh one to the interview just in case.

[naogong]

I would be a good idea to have a copy of the I-864, but it was my understanding that the I-864 you sent to NVC  for the CR1 is reviewed by NVC and then forwarded to GUZ so the VO will have the I-864 in the package.  At least that was my understanding    Anybody have more info on this?

237586[/snapback]

They are supposed to have it in the packet, but if they somehow misplace the first one it's not their fault and they won't issue a visa without a valid I-864. So it is wise to carry a fresh one to the interview just in case.

237600[/snapback]

Thank you for the advice. I'm going to call the attorney I used and try to get a copy from her, but if she doesn't have it I'll recreate both documents as suggested. I did send in copies of tax returns for 2002, 2003, and 2004 with the I-864 which was sent with it to the NVC. I filed for 2005 very late, as I was filing near the 4-17 due date I suddenly questioned my filing status and found that I could file married. I had to get an ITIN number which required that I have my wife's passport copied, translated, and notarized. I mailed it about 3 weeks ago, the only concern I have about it is that the notary was the same Chinese notary we had used for documents when we married in Chengdu. The IRS didn't say anything about a requirement that it be notarized by a US consulate, and I've read conflicting posts about whether a Chinese notary is acceptable, and the IRS couldn't answer the question when I called them. I'm hoping to hear from the IRS in a few weeks and praying that they'll accept the Chinese notary. In any case I do appreciate your help and advice and will either get a copy of the I-864 from the lawyer, or generate a new one for the interview, and will bring copies of all past tax returns, and every other document I have that shows she won't become a "public charge".

[Guest pushbrk]

I would be a good idea to have a copy of the I-864, but it was my understanding that the I-864 you sent to NVC  for the CR1 is reviewed by NVC and then forwarded to GUZ so the VO will have the I-864 in the package.  At least that was my understanding     Anybody have more info on this?

237586[/snapback]

They are supposed to have it in the packet, but if they somehow misplace the first one it's not their fault and they won't issue a visa without a valid I-864. So it is wise to carry a fresh one to the interview just in case.

237600[/snapback]

Thank you for the advice. I'm going to call the attorney I used and try to get a copy from her, but if she doesn't have it I'll recreate both documents as suggested. I did send in copies of tax returns for 2002, 2003, and 2004 with the I-864 which was sent with it to the NVC. I filed for 2005 very late, as I was filing near the 4-17 due date I suddenly questioned my filing status and found that I could file married. I had to get an ITIN number which required that I have my wife's passport copied, translated, and notarized. I mailed it about 3 weeks ago, the only concern I have about it is that the notary was the same Chinese notary we had used for documents when we married in Chengdu. The IRS didn't say anything about a requirement that it be notarized by a US consulate, and I've read conflicting posts about whether a Chinese notary is acceptable, and the IRS couldn't answer the question when I called them. I'm hoping to hear from the IRS in a few weeks and praying that they'll accept the Chinese notary. In any case I do appreciate your help and advice and will either get a copy of the I-864 from the lawyer, or generate a new one for the interview, and will bring copies of all past tax returns, and every other document I have that shows she won't become a "public charge".

237777[/snapback]

It's still the tax return you filed. On the other hand, you could just take your W2's with you and a written explanation. I could have filed married too but just filed single. I'll file an amended return after they arrive and the US notarized copies of the passports can be sent in.