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Need Help, How do I start Visa Process ???


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Hi everyone, thanks for reading my question. I'm an American citizen who lives and works in China. I got married in China 15 months ago to a Chinese Citizen. I now want to start the process to get my wife to the USA. I have no idea how to start. Do I file for a K-3 visa ???

My other main problem, is that in my last main job in USA, I did not make enough money to sponsor my wife. So I need a family member to be what I believe is called a co-sponsor. What does my family member have to do ? Do they have to show there tax return from last year. I believe that my family member had to make at least $ 53,000 U.S. dollars a year to be the co- sponsor for my wife. Is that true ???

My other Main Question, is what part of the process, do I need to show my co-sponsor's yearly income. Can I start the process now, before I have my co-sponsor's information ????????

As you can see, I have no idea how to begin, I know many people on this site are in different stages of the visa process, so any ideas, suggestions, or advice would be great.

Thank you in advance.

Edited by hiptoclip (see edit history)
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You will be going for a K-3 Visa for your wife.

I suggest you start here http://travel.state.gov/ click on Visas .. read everything you can and follow all the links. Lots of info.

Then feel free to ask any question you want in here ... i am by far no expert .. but this is what i did until i found CFL ... and they are all a godsend to myself and my Fiance`

 

And the very best of luck to you in this long process ahead :rotfl:

 

Heres some great info also http://candleforlove.com/forums/index.php?...&s=&f=7

Edited by iyan46 (see edit history)
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I would suggest you go for an IR/1 or CR/1 visa instead of K3.

You can do whats called DCF or direct consular filing since you live in China.

This means that instead of going through all the headache in America, then the paper work gets cent to guanzou US consulate, you can just apply directly at the US embassy.

 

 

The time for a K3 or IR1/CR1 filing from america is about 1 year, with DCF you can have the visa in 6 months ( I think .. not sure on time).

 

As for co-sponser I don't know how much they have to make, but it has to be enough to put you over the 125% of the poverty level. This level is based on the number of people in the family, so could vary.

 

The form is I-864 (for IR/1) and I think it references the poverty chart.

If you have a co-sponser, they have to also fill out a I-864 form.

 

If you go the DCF route, I don't know when you have to turn in the I-864. read up on it in the FAQ, I bet all the information is there.

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http://liheap.ncat.org/profiles/povertytab...08/popstate.htm

http://travel.state.gov/visa/immigrants/info/info_1327.html

As you can see household size is the determining factor for how much income is needed.

http://www.candleforlove.com/FAQ/Timelines/Ne...Index_New2.html

this will answer a lot of questions

http://candleforlove.com/forums/index.php?...c=27723&hl=

This is on DCF

Edited by lostinblue (see edit history)
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My wife and I are in the final stage (hopefully) of the Direct Consular Filing (I don't think that's an official term) and we filed our initial I-130 (for a Conditional Resident-1) visa on August 29, 2007. We received the DS-230 "package" in late October, and sent it to Guangzhou early in November. We are anticipating having an interview date arranged in about 6 or 8 weeks. As far as the Affidavit of Support is concerned, it appears that we need to bring that with us to Guangzhou and present it before the interview, along with the other stuff.

 

So, the application-to-visa time should be something around 6 or 7 months, if we are successful and lucky.

 

It's been great living in China, although Henan Province could use a better winter climate and some better food. It certainly isn't Chengdu or Chongqing!

 

 

 

 

 

 

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Hi everyone, thanks for the answers so far.... I have two questions based on the answers I have been given. 1) Do I have to file a 2007 USA tax return, which I have not, as I have been in China since April 2006 ??? 2) The amount of money that the co-sponsor has to make.... the 125 % over the poverty line. Now the dumb part of the question, the amount of people in the family ? Is that for my family, which is just my wife and me ??? Or the size of the family that will co-sponsor my wife ??? Thanks again

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Hi everyone, thanks for the answers so far.... I have two questions based on the answers I have been given. 1) Do I have to file a 2007 USA tax return, which I have not, as I have been in China since April 2006 ??? 2) The amount of money that the co-sponsor has to make.... the 125 % over the poverty line. Now the dumb part of the question, the amount of people in the family ? Is that for my family, which is just my wife and me ??? Or the size of the family that will co-sponsor my wife ??? Thanks again

 

If you are a US citizen, it would be in your best interest to file a tax return each year. You can't file a 2007 return yet, it is still 2007 now, but in January of 2008 you should.

 

The size of the family that will co-sponser you wife is correct (with your wife included in the final number).

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Hi everyone, thanks for the answers so far.... I have two questions based on the answers I have been given. 1) Do I have to file a 2007 USA tax return, which I have not, as I have been in China since April 2006 ??? 2) The amount of money that the co-sponsor has to make.... the 125 % over the poverty line. Now the dumb part of the question, the amount of people in the family ? Is that for my family, which is just my wife and me ??? Or the size of the family that will co-sponsor my wife ??? Thanks again

 

If you are a US citizen, it would be in your best interest to file a tax return each year. You can't file a 2007 return yet, it is still 2007 now, but in January of 2008 you should.

 

The size of the family that will co-sponser you wife is correct (with your wife included in the final number).

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If you live and work in China, why not forget about K-3 and file for CR-1 visa directly to the consulate there in China? DCF is much faster than all other visa types.

 

DCF does require you to prove US Domicile, and show recent IRS returns, you can also use a Joint sponsor in the USA.

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I mean I did not file in April 2007, which would be my 2006 taxes.

Yes file them late, but you must provide this for DCF.

 

You may be exempt from paying tax on foreign income, but you are not exempt from filing a return every year.

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