Potential red flags in cover letter

[hoby]

Hi everyone. I am busily preparing the application for my wife's marriage visa to be filed with the Beijing DHS via the Shanghai consulate. In my preparation, I noticed a link in one post to an article that suggested one disclose all potential red flags in one's initial application to the DHS, thus providing less reasons for Guangzhou to turn the application down after the interview (CFL post: http://candleforlove.com/forums/index.php?...&hl=article. Original article: http://www.ilw.com/articles/2006,0323-ellis.shtm). I have since made a list of all of our potential red flags, and I thought maybe some of the people on this forum could give me some feedback on which (if any) to include in our cover letter, as well as how best to address these issues in the letter. My list is as follows:

 

1. I formerly filed a fiancee visa application for my wife when we were still engaged. Although I was in China at the time, we preferred to wait until we got to the States to get married, for many reasons, although I think the two main reasons were that 1) she was still in university at the time, and 2) she hadn't met all of my family yet, and I feel like my being in China already makes my family feel far enough away from me without me marrying someone that they haven't even met yet. However, in the end, a visa lawyer suggested that we get married over here, as the K-1 is not intended for situations in which the U.S. citizen resides in China, and thus our chances of being rejected at Guangzhou would be pretty high.

 

1.5. We haven't actually cancelled the K-1 application yet. It's currently on its way from the NVC to Guangzhou, and so there is no way for us to cancel it at the moment, but we would like to get the I-130 in as soon as possible, so we're not planning on waiting until after we cancel the K-1 before we apply.

 

2. We haven't been married for very long (we got married on 9/27/2006 to be exact). Does that matter?

 

3. We didn't have an actual wedding ceremony. We're waiting until later when we have more time and money to do it right. We want to make sure that all the important people in our lives are able to participate in our wedding.

 

4. We haven't taken our wedding pictures here in China yet. You know, the hunshazhao where you go and dress up in borrowed clothes and run all over the city taking pictures in natural settings (as if those actually exist here in Shanghai). We're planning on taking them next spring.

 

5. We don't have wedding bands yet, although we will by the time of the interview. Do they usually ask to see the receipts for those?

 

6. My wife wants to do grad work in the States, and will be applying for schools this fall. Does this make it look like she's going over there for reasons other than simply to be with me?

 

7. I have a job in China, and have lived here for almost 2.5 years. Do we need to make a strong case for why we want to go to the States rather than remain here? Does the fact that I hate my job here count as a good reason?

 

8. I also don't have a job lined up in the States yet, and most likely won't have one lined up when she goes for her interview. However, my parents will be willing to serve as our sponsor. Also, I don't have a house or any other "assets" to speak of in the U.S.

 

Alright, those are all of the red flags that I can think of. As always, I really appreciate everyone's help here! With everyone's help here, I'm sure eventually my Sichuan la meizi and I will be in the States together

Edited October 12, 2006 by hoby (see edit history)

[LeeFisher3]

I really don't see anything here that would be considered a red-flag, I would actually not burden them with what you have posted here with one possible exception.

 

Item #1 might be something to mention. Stating something along the lines of you had filed and received approval on an I-129F, but decided to get married in China and wish to cancel the I-129F petition.

 

A few things that can do is that they may be able to access the case information for the K-1 and possibly speed up the DCF processing because the USCIS has already approved this and NVC has either begun or completed a name check, both of which take time. Also it helps to document your relationship.

 

There are a number of people who field DCF with a co-sponsor and didn't have employment secured in the US, hopefully you will hear from someone who has gone down that path soon. It's not uncommon to return to the US and live with family for a while as you get things rolling again.

 

The wedding pictures are something that would more than likely be expected to be seen at the interview, so you might arrange to have a few taken in a studio before then because it's possible you could have an interview before spring.

 

As for wedding band receipts, I wouldn't sweat that too much. And have your wife go ahead and start applying to schools, I don't think that would be a problem either because it can be a long process to get into grad school.

[david_dawei]

Realize that our tracking of china DCFs show perfect passing rate... because the relationship is not called into question really... living in china with a wife is a hard fraud selll.

 

I read worries here, not flags... and you've got your parents to be joint-sponsors.

 

I agree with Lee that the #1/2 should be dealt with both as official cancellations and mentioned on your cover letter. Note the receipt number and GUZ case number... her "A" number as well. You don't want to give them part of her case info and have them tracking down anything else.

 

I would start with a call to DOS... ask them exactly how to cancel... you'll probably get steered to GUZ....

 

I would also call USCIS and ask them what to do on their side.. if you want, you can at least mentioned calling the agencies in the cover letter even if you have not completed the cancellation yet.

[hoby]

Realize that our tracking of china DCFs show perfect passing rate... because the relationship is not called into question really... living in china with a wife is a hard fraud selll.

 

I read worries here, not flags... and you've got your parents to be joint-sponsors.

 

I agree with Lee that the #1/2 should be dealt with both as official cancellations and mentioned on your cover letter. Note the receipt number and GUZ case number... her "A" number as well. You don't want to give them part of her case info and have them tracking down anything else.

 

I would start with a call to DOS... ask them exactly how to cancel... you'll probably get steered to GUZ....

 

I would also call USCIS and ask them what to do on their side.. if you want, you can at least mentioned calling the agencies in the cover letter even if you have not completed the cancellation yet.

Thanks a lot, you two. Reading your posts made me think of one more thing that might warrant mentioning. My wife and I do not have a joint lease on our apartment¡ªit's leased only in my name. Should that be a problem at all?

[david_dawei]

Realize that our tracking of china DCFs show perfect passing rate... because the relationship is not called into question really... living in china with a wife is a hard fraud selll.

 

I read worries here, not flags... and you've got your parents to be joint-sponsors.

 

I agree with Lee that the #1/2 should be dealt with both as official cancellations and mentioned on your cover letter. Note the receipt number and GUZ case number... her "A" number as well. You don't want to give them part of her case info and have them tracking down anything else.

 

I would start with a call to DOS... ask them exactly how to cancel... you'll probably get steered to GUZ....

 

I would also call USCIS and ask them what to do on their side.. if you want, you can at least mentioned calling the agencies in the cover letter even if you have not completed the cancellation yet.

Thanks a lot, you two. Reading your posts made me think of one more thing that might warrant mentioning. My wife and I do not have a joint lease on our apartment¡ªit's leased only in my name. Should that be a problem at all?

 

no problem.. she's not in the US to sign for it.. you'd be mailing back and forth for a lease signature which is up to the reality office if she should need to come in to do or not !

 

Your only residence issue is 'docimile'... proof of US residency. Include lease and bank accounts showing your name, insurance maybe good as well... she should have this should the VO ask for proof of 'docimile'...

[david_dawei]

Some domicile info:

 

Consular I-864 FAQ

http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

 

 

DCF interview experience, The full monty (and then some)

http://candleforlove.com/forums/index.php?showtopic=14086

[hoby]

Some domicile info:

 

Consular I-864 FAQ

http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

 

 

DCF interview experience, The full monty (and then some)

http://candleforlove.com/forums/index.php?showtopic=14086

Thanks a lot for the information. Our plan with regards to the U.S. is to wait until we know where my wife will be going to school, and then head over. We may live with my mom for awhile, or we may go straight to the location where she will be attending school. Unless we're in a huge hurry, though, I imagine that we'll go to my mom's house first, if only for a week or two. Would you recommend that I get my mom to prepare an affidavit now stating that we will be moving there to live with them until I find a job (as well as testifying to our relationship and maybe a little something about how much she misses me)? Would it be better to submit that now or wait until the interview?

[LeeFisher3]

Some domicile info:

 

Consular I-864 FAQ

http://www.usembassy.org.uk/cons_new/faqs/...4_domicile.html

 

 

DCF interview experience, The full monty (and then some)

http://candleforlove.com/forums/index.php?showtopic=14086

Thanks a lot for the information. Our plan with regards to the U.S. is to wait until we know where my wife will be going to school, and then head over. We may live with my mom for awhile, or we may go straight to the location where she will be attending school. Unless we're in a huge hurry, though, I imagine that we'll go to my mom's house first, if only for a week or two. Would you recommend that I get my mom to prepare an affidavit now stating that we will be moving there to live with them until I find a job (as well as testifying to our relationship and maybe a little something about how much she misses me)? Would it be better to submit that now or wait until the interview?

I don't know if I would go as far as preparing an Affidavit as that seems like overkill. Now if mom sends you a nice letter talking about how thrilled she is for you and your wife to come to live with them while you get settled it would probably do everything you need.

[david_dawei]

The provide links makes clear that in order to execute (sign) a I-864, one must have domicile in the US...

 

This is from the I-864 new ruling:

 

"The final rule does provide in section 213a.2?1)(ii) a single exception, under which a sponsor who is not domiciled in the United States (i.e., cannot show his or her residence abroad has been only temporary) may submit a Form I-864.

 

The sponsor may do so only if the sponsor establishes, by a preponderance of the evidence, that the sponsor will have established his or her domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

 

The intending immigrant will, however, be inadmissible as an alien likely to become a public charge if the sponsor has not actually become domiciled in the United States by the date of the decision on the intending immigrant's application for admission or adjustment of status.

 

Thus, the sponsor must arrive in the United States before, or at the same time as, the intending immigrant, and the sponsor must intend to establish his or her domicile in the United States."

 

----

 

I would say that your plan for residency is appears now as unknown. By the time of the interview will it be any more concrete? I don't really think so based on waiting for school possibilities to open up.

 

If you want to prove at the interview a future domicile based on a school that you are not yet accepted to, I'm not sure how the VO will accept that kind of 'drifter' sense of plans.

 

It would be my advice to simply show your domicile as your mom's home.. (but if they are going to be live-in joint sponsors, there is better flexibility for the I-864 to showing you are living with them). SO I guess I would personally take the approach that this is your domicile and you should start having (if not already) items sent to that address which you can show as your address.

 

I would not explain too much about what you intend to do in the future... (live at mom's shortly till school starts somewhere).. your back to the "somewhere". stick to facts and plans that can be prove.. afterall, it says "preponderance of evidence"... if it's nothing but "I live at xyz and my wife will also live there".. and it happens to be at parent joint sponsor's home.. that seems straight forward.

 

I'm not saying hide the idea of her going to school and if she's asked about 'what do you want to do'.. she should say that she wants to attend school to study xzy...

[hoby]

Hmm¡­now I'm starting to get a little nervous. The problem is that it all depends on the time of the interview. If she is interviewed after she has decided on a school, then we'll be able to say exactly where in the U.S. we'll be going. I doubt, however, that it will happen that way¡ªmore likely when she is interviewed she will know of a few schools' decisions, but not all of them, and we will have not yet made a decision on where we are going to move. As far as showing that I plan to domicile in the U.S., my understanding is that proof of job applications is one way to do so; yet if I have applied to any jobs at the time of the interview (not a guarantee, depending on how quickly we reach that stage), they will certainly not be anywhere near my mom's house, where our "domicile" supposedly will be. Rather they will be in areas with schools that my wife has applied to. Would it be better in that case to simply not show any proof of having applied for jobs? Or perhaps to apply for some jobs near my mom's house that I have no intention of taking?

 

The provide links makes clear that in order to execute (sign) a I-864, one must have domicile in the US...

 

This is from the I-864 new ruling:

 

"The final rule does provide in section 213a.2?1)(ii) a single exception, under which a sponsor who is not domiciled in the United States (i.e., cannot show his or her residence abroad has been only temporary) may submit a Form I-864.

 

The sponsor may do so only if the sponsor establishes, by a preponderance of the evidence, that the sponsor will have established his or her domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

 

The intending immigrant will, however, be inadmissible as an alien likely to become a public charge if the sponsor has not actually become domiciled in the United States by the date of the decision on the intending immigrant's application for admission or adjustment of status.

 

Thus, the sponsor must arrive in the United States before, or at the same time as, the intending immigrant, and the sponsor must intend to establish his or her domicile in the United States."

 

----

 

I would say that your plan for residency is appears now as unknown. By the time of the interview will it be any more concrete? I don't really think so based on waiting for school possibilities to open up.

 

If you want to prove at the interview a future domicile based on a school that you are not yet accepted to, I'm not sure how the VO will accept that kind of 'drifter' sense of plans.

 

It would be my advice to simply show your domicile as your mom's home.. (but if they are going to be live-in joint sponsors, there is better flexibility for the I-864 to showing you are living with them). SO I guess I would personally take the approach that this is your domicile and you should start having (if not already) items sent to that address which you can show as your address.

 

I would not explain too much about what you intend to do in the future... (live at mom's shortly till school starts somewhere).. your back to the "somewhere". stick to facts and plans that can be prove.. afterall, it says "preponderance of evidence"... if it's nothing but "I live at xyz and my wife will also live there".. and it happens to be at parent joint sponsor's home.. that seems straight forward.

 

I'm not saying hide the idea of her going to school and if she's asked about 'what do you want to do'.. she should say that she wants to attend school to study xzy...

[david_dawei]

Hmm¡­now I'm starting to get a little nervous. The problem is that it all depends on the time of the interview. If she is interviewed after she has decided on a school, then we'll be able to say exactly where in the U.S. we'll be going. I doubt, however, that it will happen that way¡ªmore likely when she is interviewed she will know of a few schools' decisions, but not all of them, and we will have not yet made a decision on where we are going to move. As far as showing that I plan to domicile in the U.S., my understanding is that proof of job applications is one way to do so; yet if I have applied to any jobs at the time of the interview (not a guarantee, depending on how quickly we reach that stage), they will certainly not be anywhere near my mom's house, where our "domicile" supposedly will be. Rather they will be in areas with schools that my wife has applied to. Would it be better in that case to simply not show any proof of having applied for jobs? Or perhaps to apply for some jobs near my mom's house that I have no intention of taking?

 

I don't want to cause any issues.. just trying to make all the issues known. I say, just have a good plan on how to prove your domicile. I shouldn't tell you which residence to use. You understand your situation the best. I think maybe time to just think about it a bit...

[LeeFisher3]

Hmm¡­now I'm starting to get a little nervous. The problem is that it all depends on the time of the interview. If she is interviewed after she has decided on a school, then we'll be able to say exactly where in the U.S. we'll be going. I doubt, however, that it will happen that way¡ªmore likely when she is interviewed she will know of a few schools' decisions, but not all of them, and we will have not yet made a decision on where we are going to move. As far as showing that I plan to domicile in the U.S., my understanding is that proof of job applications is one way to do so; yet if I have applied to any jobs at the time of the interview (not a guarantee, depending on how quickly we reach that stage), they will certainly not be anywhere near my mom's house, where our "domicile" supposedly will be. Rather they will be in areas with schools that my wife has applied to. Would it be better in that case to simply not show any proof of having applied for jobs? Or perhaps to apply for some jobs near my mom's house that I have no intention of taking?

For the interview paperwork and at the POE you will need to provide an EXACT address, this is extremely important because as a CR-1 her green card will be mailed to that address and the USCIS has a no forwarding policy.

 

As I see it the only EXACT address you have would be your mom's. It doesn't matter if you move shortly after entry to the US, say 5 minutes, you need to have a good home/mailing address for the process. As with most people who go to school their home of record is their parent's home address, so I would go with that and don't confuse the issue as David mentioned.

[frank1538]

The domicile issue can be a tough one. A couple of things to keep in mind:

 

Technically, domicile and residence are not the same. Residence generally refers to where you live. You are residing in China, but China may not be your domicile. Domicile, on the other hand, stays fixed until you do something to change it.

 

Temporary residence, say in China, does not necessarily equate to your domicile changing to China. Domicile is usually permanent in the sense that it refers to the place you intend to return to after temporary absences. This is part of the equation. So, in addition to demonstrating where you will live in the US (mom's house, if only for a while), you should also gather information that will help to demonstrate that your time in China is temporary. What type of visa do you have? Is it time-bound, say for 1, 2, or 3 years? Is it purpose specific, say for school only, or something like that? Is your current job governed by a time-bound contract ("I agree to work for three years", etc.)? Is where you live in China governed by an expiring lease? Do you have any correspondence that documents that you did not intend to stay permanently in China? Have you notified the folks in China (employer, landlord, etc.) that your temporary stay in China is coming to an end? Did you maintain your driver's license in the US? Are you still registered to vote in a particular state? Do you own a car still registered in your name? Any other US touch points that you maintained while you were in China? Hopefully, you've got the picture.

 

Where you physically live in the US is important, as Lee points out, but it is not necessary that where you physically live in the US be permanent for your domicile to be in the US. Rather, the more important consideration is demonstrating that your legal domicile was in the US before you went to China, that your time in China was temporary, and that you intended to return to the US after this temporary absence.

[Yuanyang]

If it's any comfort at all: We had at least 3 of those 'red flags' Interesting Article on Visa Denials and went through without a problem.

 

Best of Luck!

Edited October 14, 2006 by Yuanyang (see edit history)

[hoby]

Thanks a lot for your help and suggestions, everyone. I would have replied sooner, but the past few days have been kind of crazy.

 

I have to say that reading some of your posts (especially yours, frank1538), I'm starting to wonder how easy it will be for me to prove domicile in the U.S. I've been here for over 2 years (arrived in June, 2004). I did a fellowship through the U.S. State Department for my first year, then I found a job with an English teaching company here in Shanghai. I quit after 10 months or so and went back to the States to defend my MA thesis and get my degree. Then I came back here and have been working with another company (on a one-year contract) since August. In 2005, I was out of the States long enough that I didn't have to pay federal taxes. I also recently let my driver's license expire, because I never had a chance when I was home to get it renewed. I have, however, let my landlord here know that we will be leaving sometime next year, and she agreed to let me pay rent on a month-by-month basis rather than signing on for another year. Is that the kind of thing I should let them know? More importantly, should I submit information like that (and proof¡ªperhaps something that my landlord has signed?) along with our initial I-130 application? I suppose that currently this is my main question: how much of this stuff do I need to prepare now, to be sent along with our initial application to Beijing?

 

Again, thanks a lot, everyone. I really appreciate all of the help.