DCF I-130 remaining questions: address, affidavit

[Sadie]

Hi,

 

I have an appointment with the USCIS office in Beijing early next month and we are getting the last pieces together for submitting the I-130. I have a few questions.

 

First, for the affidavit, I can't seem to find a general list of what needs to be contained in here. Also, if a US citizen here in China is writing it, where can they get it notarized? Do they need to go to the embassy to do that? Also, is this really necessary if I have photos of us and a lease with both of our names on it?

 

Second, I have a few address questions. line 2 on the I-130 asks for an Address. We cannot get mail where we reside and want to use my work address for our mailing address. Is this what I should put on line 2? Will this be a problem? Also for the G-325 when listing my residence, should I only put my legal residence? I've bouncing around the US and China for the past 5 years and wonder if it's necessary to list all of the places.

 

Thanks for all of your help.

 

Best,

Sadie

[dnoblett]

I haven't seen any evidence that anything more than a marriage certificate is required when using the I-130 to petition for spouse to apply for a visa, in cases where the couple has never lived together in the same country. These cases do however, require more bona fide relationship proof at the time of the visa interview but usually it is in the form of evidence of visits and communication.

 

Yes, I'm familiar with the new I-130 instructions. I'm also aware that the I-130 is multi-purpose form. The only optional documentation available to most couples who never lived together in the same country is affidavits. Just what would these affidavits swear to, that the people attended a ceremony and/or party. Newlyweds like these usually don't have evidence of bona fide ongoing relationship when they file their petitions. USCIS knows and accepts this.

 

The US Consulates and Embassy have notaries on staff that can notarize documents.

 

Work address is fine as a mailing address.

 

A few things to be very concerned with for DCF are:

• US Domicile, you must have maintained domicile in the USA, or have reestablished domicile before the visa interview.
  
• IRS returns, you must file them and be able to provide past year's return as part of the affidavit of support. You can file a late return, there is no penalty, foreign income is exempt from taxes, but US citizen is not exempt from filing a return.
  

Domicile and IRS returns are requirements of the I-864 Affidavit of support, and the US Citizen Spouse MUST provide I-864 for the CR-1 visa. The US citizen can use a Joint sponsor residing in the USA, who will also provide an I-864.

 

DCF posts of interest: http://candleforlove.com/forums/index.php?...c=27110&hl=

http://candleforlove.com/forums/index.php?...mp;#entry304525

[Sadie]

Thanks for the info, I wasn't sure if I really needed the affidavit at this point.

 

My question about address is that which is the mailing address? There is an address in 2 and an address in 19 of the I-130. Which is the mailing address? I'm worried about making sure the reply gets to us.

 

Thanks again.

 

Sadie

[dnoblett]

Thanks for the info, I wasn't sure if I really needed the affidavit at this point.

 

My question about address is that which is the mailing address? There is an address in 2 and an address in 19 of the I-130. Which is the mailing address? I'm worried about making sure the reply gets to us.

 

Thanks again.

 

Sadie

Address #2 is US citizen's address and address #19 is foreign beneficiary's address.

[yuliki]

My husband, on G-325A, only put his American residence in, although he was working in China for over 2 years then. I checked our G-325A copy which is with me now.

 

As I-130, I couldn't find the copy we sent in now. But our residence apartment in China could receive mail, we did receive all the mails from Guangzhou consulate.

 

I belive you can put your mail address with your working address, maybe you can put an other sheet with I-130 to explain it.

 

Good luck.

[shyaushu]

My wife and I recently (August 29, 2007) filed an I-130 application in Beijing and I can share our experience. Like you, we made an appointment (this is apparently necessary) and we did it by e-mail.

 

We had a devil of a time finding the building we needed to go to in order to file: the Kerry Center. Not a single taxi driver we asked knew what or where it was. We finally got there with the help of a US Embassy worker we spotted on the street. It's about a 15 minute walk from the US Embassy, but it's best to take a taxi if you have luggage, as we did.

 

We were relieved to find that our name was at the top of the list for appointments, since we made the appointment about a month in advance.

 

The woman (a Chinese national) who accepted our application was helpful, but definitely not overly friendly. She informed us that in addition to the application, itself, we needed to submit copies of both my and my wife's passports, my work visa (we didn't need to have a resident book, and I didn't have one at that time), our marriage papers and both of our divorce documents (with translations, as appropriate). In short, it will save you time and money if you have these copies with you when you go: we didn't and had to scurry around to find a place to get copies.

 

The woman scoured the application carefully, and asked me to change some answers, such as changing my "NA" answers to "No". She said the regulations had changed and that "NA" was no longer permitted as an answer.

 

The biggest headache came when it was time to pay (the incredibly expensive) $355 fee. That fee cannot be paid at the Kerry center, and you must take your documentation to the actual US Embassy, Citizen Services Section to do that. Finding the Embassy is relatively easy, but getting in and around is a chore. Various uniformed people (both Chinese police, embassy guards and security personnel) asked to see my passport at least six separate times.

 

I finally found the section I needed, paid my money, and took the receipt back to the 23rd floor of the Kerry Center just in time to make the 4:00 closing.

 

The biggest issue for us was that we did not know the "exact" address where we would be living in Henan Province, since the school where I was going to teach gave us several different ones when I asked them to tell me. That is why the word exact is in quotes: what does "exact address" actually mean in China? Beats me.

 

But we had the Kerry Center woman's card, and we FAXED her a better address (I hope) a week ago. We are in our seventh week from filing and have so far heard nothing.

 

That was our experience. Make copies of everything and be prepared, logistically, to scurry to the US Embassy and then back to the Kerry Center by closing time. Get a map of the area in Beijing where the Kerry Center is located, in Chinese, if possible. That way a taxi driver may understand where it is.

 

I hope this helps . . .

[Sadie]

Thanks for all the help. I sounds like as long as I make it clear what address things need to be mailed to an an attachment there shouldn't be a problem.

 

Thanks for the N/A tip, I've used that throughout our application... oops!

 

I'll be sure to post any info as we receive it.

 

 

My wife and I recently (August 29, 2007) filed an I-130 application in Beijing and I can share our experience. Like you, we made an appointment (this is apparently necessary) and we did it by e-mail.

 

We had a devil of a time finding the building we needed to go to in order to file: the Kerry Center. Not a single taxi driver we asked knew what or where it was. We finally got there with the help of a US Embassy worker we spotted on the street. It's about a 15 minute walk from the US Embassy, but it's best to take a taxi if you have luggage, as we did.

 

We were relieved to find that our name was at the top of the list for appointments, since we made the appointment about a month in advance.

 

The woman (a Chinese national) who accepted our application was helpful, but definitely not overly friendly. She informed us that in addition to the application, itself, we needed to submit copies of both my and my wife's passports, my work visa (we didn't need to have a resident book, and I didn't have one at that time), our marriage papers and both of our divorce documents (with translations, as appropriate). In short, it will save you time and money if you have these copies with you when you go: we didn't and had to scurry around to find a place to get copies.

 

The woman scoured the application carefully, and asked me to change some answers, such as changing my "NA" answers to "No". She said the regulations had changed and that "NA" was no longer permitted as an answer.

 

The biggest headache came when it was time to pay (the incredibly expensive) $355 fee. That fee cannot be paid at the Kerry center, and you must take your documentation to the actual US Embassy, Citizen Services Section to do that. Finding the Embassy is relatively easy, but getting in and around is a chore. Various uniformed people (both Chinese police, embassy guards and security personnel) asked to see my passport at least six separate times.

 

I finally found the section I needed, paid my money, and took the receipt back to the 23rd floor of the Kerry Center just in time to make the 4:00 closing.

 

The biggest issue for us was that we did not know the "exact" address where we would be living in Henan Province, since the school where I was going to teach gave us several different ones when I asked them to tell me. That is why the word exact is in quotes: what does "exact address" actually mean in China? Beats me.

 

But we had the Kerry Center woman's card, and we FAXED her a better address (I hope) a week ago. We are in our seventh week from filing and have so far heard nothing.

 

That was our experience. Make copies of everything and be prepared, logistically, to scurry to the US Embassy and then back to the Kerry Center by closing time. Get a map of the area in Beijing where the Kerry Center is located, in Chinese, if possible. That way a taxi driver may understand where it is.

 

I hope this helps . . .

[shyaushu]

The woman at the Kerry Center helped us a lot, and really, she seemed like she would not accept our application unless it was perfect. So she scoured it and had us change everything she thought was necessary.

 

Here's an update: We received our confirmation in the mail today! The address we used worked fine and it may interest others to know that filing directly kind of moves you to the head of the line. We received our D-230 along with the confirmation, as well as the Affidavit of Support.

 

The instructions say our next step is to complete these documents, get our other documentation together (police report, translations, etc., etc,), and send them to Guangzhou. Our interview appointment will be scheduled then!

 

Pretty slick, if it all works.

 

 

 

 

 

quote name='Sadie' date='Oct 25 2007, 11:20 PM' post='346833']

Thanks for all the help. I sounds like as long as I make it clear what address things need to be mailed to an an attachment there shouldn't be a problem.

 

Thanks for the N/A tip, I've used that throughout our application... oops!

 

I'll be sure to post any info as we receive it.

 

 

My wife and I recently (August 29, 2007) filed an I-130 application in Beijing and I can share our experience. Like you, we made an appointment (this is apparently necessary) and we did it by e-mail.

 

We had a devil of a time finding the building we needed to go to in order to file: the Kerry Center. Not a single taxi driver we asked knew what or where it was. We finally got there with the help of a US Embassy worker we spotted on the street. It's about a 15 minute walk from the US Embassy, but it's best to take a taxi if you have luggage, as we did.

 

We were relieved to find that our name was at the top of the list for appointments, since we made the appointment about a month in advance.

 

The woman (a Chinese national) who accepted our application was helpful, but definitely not overly friendly. She informed us that in addition to the application, itself, we needed to submit copies of both my and my wife's passports, my work visa (we didn't need to have a resident book, and I didn't have one at that time), our marriage papers and both of our divorce documents (with translations, as appropriate). In short, it will save you time and money if you have these copies with you when you go: we didn't and had to scurry around to find a place to get copies.

 

The woman scoured the application carefully, and asked me to change some answers, such as changing my "NA" answers to "No". She said the regulations had changed and that "NA" was no longer permitted as an answer.

 

The biggest headache came when it was time to pay (the incredibly expensive) $355 fee. That fee cannot be paid at the Kerry center, and you must take your documentation to the actual US Embassy, Citizen Services Section to do that. Finding the Embassy is relatively easy, but getting in and around is a chore. Various uniformed people (both Chinese police, embassy guards and security personnel) asked to see my passport at least six separate times.

 

I finally found the section I needed, paid my money, and took the receipt back to the 23rd floor of the Kerry Center just in time to make the 4:00 closing.

 

The biggest issue for us was that we did not know the "exact" address where we would be living in Henan Province, since the school where I was going to teach gave us several different ones when I asked them to tell me. That is why the word exact is in quotes: what does "exact address" actually mean in China? Beats me.

 

But we had the Kerry Center woman's card, and we FAXED her a better address (I hope) a week ago. We are in our seventh week from filing and have so far heard nothing.

 

That was our experience. Make copies of everything and be prepared, logistically, to scurry to the US Embassy and then back to the Kerry Center by closing time. Get a map of the area in Beijing where the Kerry Center is located, in Chinese, if possible. That way a taxi driver may understand where it is.

 

I hope this helps . . .

[shyaushu]

This is not really a "reply" to any prior comments, but I feel it would be worthwhile to relate my own (on-going) experiences with the "direct Consular filing" method, and this "thread" (DCF) has already been started here. I also have an important question.

 

I related that Daoqun and I received our "confirmation" of the I-130 on October 25, which, when you file directly in Beijing, amounts to receiving the DS-230, a form 167 and the Affidavit of Support. The directions for completing the DS-230 and the other thing are pretty straightforward; they are apparently seeking the same biographic data that was on the I-130 (with a few new things).

 

However, the general directions for the whole thing are extremely vague and inconsistent. It seems such a shame that in a wealthy country like ours ~ in many ways the envy of the world (people here in China are always positive about the US when I speak to them) ~ and with all the tax dollars we spend on these things, that we could at least hire people who can write something clear and concise. These directions are truly a nightmare of vagueness and incomprehensibility.

 

The directions suggest that only the DS-230 and the short accompanying form 167 should be submitted (they don't say where, but the letter came from Guangzhou) and "not to submit any other documents or else they will be destroyed." We are supposed to use their checklist and amass the six or seven documents we will need to bring to the interview and then tell them we have them but not send them now.

 

Then there is, as always, that fly in the ointment, the pesky Affidavit. There is no mention of sending it along with the DS-230 and the 167, but they surely will not interview a spouse if they are not certain they will not become a "public charge." Right?

 

QUESTION: do we send the completed Affidavit along with the other forms to Guangzhou (and wait to hear about our interview date), or do we heed their seemingly ironclad prohibition about "not sending any other documents"? It really seems like a very simple thing to set down clearly in the instructions . . .

 

On the other hand, filing directly from the Embassy (or Consulate) is quick, at least to the having the stuff get to Guangzhou and the next step being the interview. That could be anytime, of course, but at least things have been reduced to two steps: file the I-130 directly, get a response in 6-8 weeks, and then send in the two (or three?)other forms and get an interview date. Pretty slick.

 

I would put in our time line if I could only remember how to do it!

 

Daoqun and I met online in late 2006, met in person in January, 2007, and were married in May. I moved here in late August (we filed in Beijing on August 29) and now we are waiting for our interview date on October 27.

 

We will have a number of "problems" to overcome (it is possible the Immigration people will see them as problems; they're not to us), such as my previous wife (and a person for whom I was the sponsor) and I were divorced a couple of months after Daoqun and I met online (so Iwas still married, but Zhenshu had abandoned me and I filed for a divorce months before I met Daoqun). I must now also demonstrate that I can support a household of three: myself, Daoqun, and Zhenshu, should she still be in the US and taking civil action. I don't know, and the INS will not tell me. Our divorce agreement bars her from "ever seeking any money or support, whatever, in the future". Her old friends say she has left the country.

 

The fact that Daoqun and I are currently living together in China should add some weight to the notion that we are "together forever", as we certainly are. I did not make the same huge mistake this time: marry someone who only wanted to get a green card!

 

Any suggestions about filing the Affidavit along with the other two forms? And where the heck can I get that thing notarized here, in central China?

[david_dawei]

you can read the DCF FAQ...

 

The I-864 is taken to the interview appointment.. turned in at the check-in stage.. that's when they review it...

 

Only turn in the documents as the instructions say...

[shyaushu]

Well, you could say the CFL is a victim of its own success: I never bothered to check the FAQ since I knew I would get the answer here.

 

Evaluating a person's financial situation is not such an easy task, I suppose, and that seems like a very short time frame in which to look at and make judgements about for such a detailed and indepth document. But tant mieux, as the French say. That will give me more time to look it over and make certain it looks right.

 

But signing it is always scary, even when you feel certain, as I do, that this marriage is a real long term thing.

 

That certainly clears things up for me, thanks. Now, if I could have only understood that from the instructions . . .

 

Now, what about the getting the documents notarized part? Can a Chinese notary do that for an American visa document? How will I get an American Immigration Official to do that in Henan Province? The closest consulate in Chengdu, I think.

 

 

you can read the DCF FAQ...

 

The I-864 is taken to the interview appointment.. turned in at the check-in stage.. that's when they review it...

 

Only turn in the documents as the instructions say...

Edited October 28, 2007 by shyaushu (see edit history)