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A few quick questions before I send off the I-129


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So we are about ready to send off our I-129 to my parents in the states so they can put in a photocopy of my birth certificate which is the only thing we are missing here in China. But I just have a few questions that hopefully people here can answer that I haven't found in FAQ's and my love hasn't been able to discern either on any chinese forums.

 

1. Addresses in China aren't very precise. Right now our apartment we live in has no mail box, we generally have things sent to one of our schools we work at and don't worry too much. But for the addresses we needed to fill in we put what I would consider a viable US address, street, complex address, and then building/room numbers. Is this okay? Is it possible to have them use my parents as a kind of middle man and have forms sent there, then they can forward them to us at our schools where we normally get mail?

 

2. Proof of relationship, I've got chat logs (144 pages I'm tuning down to 20 or so), pictures from our trips and parties we goto with all our friends here in Nanjing, and receipts from travel and apartment contract with both our names on it. Is there anything else we should throw in that I'm just forgetting at the moment? I'm told I should write up a page on how we met and attach to the I-129F form, is that highly recommended?

 

3. Taxes, I've been in China since April 07, didn't have a job in the US the first three months since I was doing some studying and then preparing to leave. From what I understood at the time, i didn't need to file taxes since I made below $10k. On some other sites though, when they discuss a form needed for the interview on proving I can provide they recommend attaching the last 2-5 years of IRS reciepts. What should I do?

 

Those are all I'm worried about right now, a friend of ours just went through all this and he and his little lady are now back on the east coast having a good time, so they helped us out alot and pointed us here which has been a GREAT help.

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Can only answer your question #2.

 

Yes, both you and your fiancee need to write up a page of how you met till how you come to decide going for the K1.. that's required as answers to one of the questions on I-129F. Not too short.. not too long.. one page is probably perfect.

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The birth certificate is not required; you can copy your passport since that is proof of citizenship; I know you have one since you said your in china!

 

1. You should use a good US address to receive mail; she should use a good china address to receive mail.. even if her school.. That's my opinion.

 

You will not receive anything that must be responded to (unless there is some mistake in the petition requiring more evidence). Once the petition is approved, it goes to NVC for a week and then sits at the consulate holding area for a month or so... So your fiancee will get the next action item in the mail.

 

2. Do a one page or less; include 6 pictures which appear to vary in location and setting; include a few chat logs, receipts with both names, maybe even proof you are at the chinese school studying.

 

3. Anyone who is out of the country runs into two problems: Establishing that your true residency (domicile) is the US and financially meeting the guidelines.

 

By filing taxes, having up to date State ID, bank records, a letter from a landlord, etc, you can show the US is where you intend to live. We normally tell folks to file regardless of income since it's domicile proof!

 

Financially, you are probably going to have a problem, unless you get a joint sponsor who meets the guidelines... so you should start exploring that, unless you plan to be back in the US and employed by the time of the interview; it's by the time of the interview this takes on it's importance, so you have time to plan this out.

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The finacil part will be covered by having my parents be joint sponsors which they have already agreed to and they aren't in any financil crisis at the moment.

 

Does anyone know how or where I would put mailing information so they would send things to my parents home and not to China since we don't have a mailbox here in China. I think thats the only thing I'm worrying about at the moment.

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Earning below $10,000 is not a determining factor about whether one must file a tax return. You should go to IRS.gov, select the "Individuals" tab at the top of the page, select the link to whether or not you must file a tax return, and work your way through the wizard as it asks questions. You will get your answer there.

 

There are also reasons to file even if you didn't have to file. You might be eligible for a tax credit or rebate, for example. And as David pointed out, it is one more factor that helps prove your legal residence is in the United States.

 

You can only use your passport in lieu of your birth certificate if it is unexpired and was issued with a validity period of at least five years. Then you must attach a copy of every page. Most of the time it is easier to submit a copy of your birth certificate, front and back, to prove that you are a U.S. Citizen.

 

I don't agree that everything you are submitting is necessary or smart, but they aren't likely to cause any harm other than probably slowing down the processing of your petition and the visa application when it gets to that point.

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Chat logs may not be as readily accepted as emails. It's because of the dating (so I've been told). If you do include chat logs, put a date on each conversation.

 

Additional things for evidence of a bona fide relationship;

 

Photocopies of phone records.

 

Photocopies of hand written letters.

 

Photocopies of postmarked envelopes and packages.

 

Photocopies of greeting cards.

 

Photocopies of airline tickets & visas.

 

Anything that is dated and shows contact, communication, or support.

 

-----

 

About the address. The one you are using at the school will be fine as long as it's reliable.

 

We used the address of a hotel owned by a relative. That was a strange address too. Translated, it was something like "the hotel on the other side of the railroad tracks near the foot bridge".

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Its a bit hard to have "evidence" of a relationship when for the most part we don't use email or letters or really any serious chatting since we have known each other in real life and met at parties with mutual friends. We've pretty much been living together for months now and it would be silly to be sending letters back and forth or emails. For the most part I think our most solid evidence in our names both being on the apartment contract and pictures of us being together from lots of parties and events through out the last year in addition to my work contract showing I have been working here for a year and a half.

 

About the address though, where should the return address I want them to use be put? Should that be the one on I-129F and G-325a, or should I put it on a seperate page with some explanation as to the mailing situation?

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2. Proof of relationship, I've got chat logs (144 pages I'm tuning down to 20 or so), pictures from our trips and parties we goto with all our friends here in Nanjing, and receipts from travel and apartment contract with both our names on it. Is there anything else we should throw in that I'm just forgetting at the moment? I'm told I should write up a page on how we met and attach to the I-129F form, is that highly recommended?

 

Hello,

 

Since you are just starting it is not too late to write email or even make some phone call that is tracable. Something is better then nothing. I know sometime it is still because I don't write email or chat but I do have some phone record. We communicate everyday and if it not a phone call then I will drop her a message. Usually I have something for every week. So I hope that is enough but will let you know if it is not for me.

 

Joe

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About the address though, where should the return address I want them to use be put? Should that be the one on I-129F and G-325a, or should I put it on a seperate page with some explanation as to the mailing situation?

What you fill in for the chinese address (in chinese) on the I-129F is what is used for future mailings to her (P3)... if it's not correct, you could end up getting it mailed to your US address listed.

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