packet 3 questions

[caliorbust]

i recently received p3 (dcf a cr1). i know the only 2 docs i'm suppose to send back at this time are ds230 (parts I and II), and OF-169. i keep the i-864 with me until the day of my wife's face-to-face interview in guangzhou. however, i still have a few questions about it:

 

1. in ds-230 part II, on page 4, it says do not sign this form until instructed to do so by the consular officer. so we do simply mail in ds-230, part II, and leave that section of page 4, unsigned?

 

will the VO ask my wife to sign it the day of her interview?

 

2. do i need to get my tax returns notarized? and if so, where can i get that done (i live/work in shanghai)? is the SH consulate general place where i can get an english document notarized?

 

3. after receiving packet 4, is it true i can move to a new apartment and not have it affect the immigrant visa process? i ask this because if i'm not mistaken, once p4 is received and the interview date is set, if my wife gets her immigrant visa, she'll have to pick it up at one of the china post offices in guangzhou, rather than it being mailed back to us in shanghai, right?

 

4. how exactly does the criteria of "domicile" work? in my case, i'll be relocating to california and i'm having a friend find me an apartment starting a few months before i make the actual move (note: this will occur after i receive packet 4, and after my wife's interview takes place). on the i130 form, i wrote my friend's condo's address as my "intended US residence." in the worst case (which is pretty much impossible) if my friend can't find me an apartment, i'll stay at his condo for a few weeks while i go apartment hunting myself. i wont know the address of my apartment until he signs the actual lease for me (i gave him a POA that covers this).

 

am i ok here with respect to the "domicile" requirement?

[Kyle]

1. yes to both parts, I believe that's what the instructions state. PG 4.

 

DO NOT WRITE BELOW THE FOLLOWING LINE

The consular officer will assist you in answering item 45.

DO NOT SIGN this form until instructed to do so by the consular officer

 

2. no.

You must provide either an IRS transcript or a photocopy

from your own records of your Federal individual income tax

return for the most recent tax year. If you believe additional

returns may help you to establish your ability to maintain

sufficient income, you may submit transcripts or photocopies

of your Federal individual income tax returns for the three

most recent years.

 

States that you need a copy, but doesn't say anything about it needing to be notarized. I'd suggest providing all three years, as they will most likely ask for them.

 

http://www.uscis.gov/files/form/I-864.pdf

 

Yes, you can get documents notarized in Shanghai. You can also get it done in Guangzhou, if you go with your wife when she interviews (for example, if you need to get your EOR letter notarized).

 

http://shanghai.usembassy-china.org.cn/notary_services.html

 

3. Not sure if moving would hinder the visa process or not. I doubt it, but if it were me, I probably wouldn't offer that information during the interview. In the same respect, if they asked, I wouldn't deny it. NEVER LIE. Correct, unless you live in a city that they can mail it to.

 

http://guangzhou.usembassy-china.org.cn/visa_issuance.htm

 

In your case, it looks like they can mail it to Shanghai.

 

4. Not sure about this one, someone who has been there before can help more. Evidence of domicile can include such things as bank statements, driver's license, credit card statement, filed tax returns, employment (Stateside) letters, etc. Usually though, these documents have the address that is listed on your I-130. I believe someone else did something similar. I'll do a search and edit this post if I can find it.

Edited November 4, 2009 by Kyle (see edit history)

[dnoblett]

Kyle gave you good info.

 

As for #4, you need to have US Domicile before the interview, The visa requires the petitioner to be sponsor, and to sponsor you must provide an I-864, and I-864 REQUIRES US Domicile.

 

More about domicile can be found here: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

[Kyle]

Since I mentioned the EOR Letter, let me give you some links to review for further information.

 

http://candleforlove.com/forums/index.php?...p;hl=EOR+Letter

 

http://candleforlove.com/forums/index.php?showtopic=29818

[caliorbust]

As for #4, you need to have US Domicile before the interview, The visa requires the petitioner to be sponsor, and to sponsor you must provide an I-864, and I-864 REQUIRES US Domicile.[/url]

thx for the I-864 PDF link. i skimmed it, and i'd like confirmation from u guys if i'm ok:

 

under the "how is domicile determined?" section, it says:

-he/she left the US for a limited and not indefinite period of time

-he/she intended to maintain a domicile in the US

-he/she has evidence of continued ties to the US

 

 

i can get a termination letter from my employer early next yr, as i plan to resign from my job in preparation for my move to the US.

 

as mentioned before, i'm having my friend find me an apartment in california.

 

i have US bank accounts and an online stock brokerage account.

 

 

 

under the "how can a petitioner establish a domicile?" section, it says:

-find a job

-locate a place to live

 

 

i can secure employment prior to my wife's face-to-face interview.

 

i'm having my friend secure housing for me (i.e. he's going to find me an apartment).

 

 

so given the above, am i ok to pass the domicile requirement?

[Kyle]

Edited the content:

 

The fact that you don't have an apartment of your own raises a red flag in my mind. After your friend finds an apartment for you, your rental/purchase agreement will serve as evidence of domicile. As it sounds right now, you don't have a permanent domicile of your own.

 

i wrote my friend's condo's address as my "intended US residence." in the worst case (which is pretty much impossible) if my friend can't find me an apartment, i'll stay at his condo for a few weeks while i go apartment hunting myself. i wont know the address of my apartment until he signs the actual lease for me (i gave him a POA that covers this).

 

Again, this is just my opinion - and others may disagree with me, but it may very well raise some issues (that your residence is somewhat up-in-the-air) with the visa officer, especially since your friend has not filed an I-864 (joint sponsor) on your wife's behalf. I guess what I'm saying is that your friend is not legally liable for your wife not becoming a public expense, so I'm uncertain how much weight his letting you stay with him will have with the visa officer. He is under no obligation to help your wife, thus the stability issue arises. I hope you're able to secure an apartment, which will make the statements mentioned above a moot point.

 

I believe, if you can gain employment prior to your interview and have a letter from your future employer, this would be a big help - if not seal the deal.

 

Bank and investment statements are always good to have, and yes, they would go towards proving domicile (hopefully your address on your statement matches your permanent address in the US). One thing I did was add my wife as sole beneficiary at the time of my death (my investment portfolio). Likewise, my wife is a joint-owner of my bank accounts. This is good to do if you can manage somehow to do it.

 

You need to understand that the interview process is actually quite subjective. There is no standard checklist, to go by. Different visa officers, unfortunately interpret "domicile" by different standards. That's why it is so important to have more-than-enough information to cover any potential "red flags".

 

I would do my best to secure a permanent living address of your own, before your interview. This is especially true, if you are the sole sponsor for your wife.

 

My wife and I are providing the following documents for our evidence of domicile:

 

1. Three bank account statements (1 for the last three years). Wife is a joint owner. Address on statement matches our intended permanent residence.

 

2. Tax returns - Wife is listed, however we chose married but filed separately. Address on returns matches our intended permanent residence.

 

3. Credit Card Statement - (one per year - last two years). Address on statement matches our intended permanent residence.

 

4. Retirement accounts - Address on statement matches our intended permanent residence - wife attached as primary beneficiary (100% upon the time of my death).

 

Since I am having a joint-sponsor:

 

5. Father wrote a letter to the VO describing the downstairs apartment they finished for our return as well as their willingness to help support us as we get on our feet. - notarized

 

6. Copy of my father's deed - notarized

 

Because I have not found employment while living in China.

 

7. Created a monster.com account and posted my resume online. Contact information is the same as my intended US domicile address.

 

8. Notarized copy of my university (USA) diploma.

Edited November 4, 2009 by Kyle (see edit history)

[caliorbust]

After your friend finds an apartment for you, your rental/purchase agreement will serve as evidence of domicile.

does the rental agreement copy need to be notarized?

 

Again, this is just my opinion - and others may disagree with me, but it may very well raise some issues with the visa officer, especially since your friend has not filed an I-864 (joint sponsor) on your wife's behalf. I guess what I'm saying is that your friend is not legally liable for your wife not becoming a public expense, so I'm uncertain how much weight his letting you stay with him will have with the visa officer. He is under no obligation to help your wife.

i think u may have misunderstood me. the most likely case is my wife and i will have our own apartment (found by my friend) when we arrive in california. the worst case as i mentioned before is both my wife and i stay in my friend's condo for a few weeks while we look for an apartment ourselves. it has nothing to do with "he is under no obligation to help your wife."

 

Bank and investment statements are always good to have, and yes, they would go towards proving domicile (hopefully your address on your statement matches your permanent address in the US). One thing I did was add my wife as sole beneficiary at the time of my death (my investment portfolio). Likewise, my wife is a joint-owner of my bank account. This is good to do if you can manage somehow to do it.

my bank statement has my previous address but i dont see that as being a dealbreaker. as for joint bank accounts, they are illegal to have here in china. joint bank accounts dont exist, u cant open one even if u wanted to.

 

 

it seems in a nutshell (if i'm not mistaken), if i can establish:

1. i have a job waiting for me when i reach US soil

2. i have housing arranged for me when i reach US soil

 

then i can successfully establish the domicile requirement. true?

[Kyle]

does the rental agreement copy need to be notarized?

I have read of people turning in rental agreements with and without them being notarized (personally, I'm not certain it's necessary). Someone who has submitted a rental agreement as part of their domicile, can give further information on this. I am unqualified to do so, since this doesn't apply to me.

 

i think u may have misunderstood me. the most likely case is my wife and i will have our own apartment (found by my friend) when we arrive in california. the worst case as i mentioned before is both my wife and i stay in my friend's condo for a few weeks while we look for an apartment ourselves. it has nothing to do with "he is under no obligation to help your wife."

No, I understood what you wrote. I'm giving worse case scenario - you are unable to find an apartment before your interview. Like I said above, if you find an apartment, then you're good to go. From what I gather from your posts though, at this point, I'm unclear if you have maintained a permanent residence in the States, while you've been in China.

 

my bank statement has my previous address but i dont see that as being a dealbreaker. as for joint bank accounts, they are illegal to have here in china. joint bank accounts dont exist, u cant open one even if u wanted to.

I'm not talking about your bank account in China. I'm referring to your bank account state-side. My wife is a joint account holder on my US bank accounts. She is the sole beneficiary on my American investments.

 

If you can prove that you have employment waiting for you upon your return and that you have a permanent address as well, then yes, I think that should cover it. Concerning the permanent address: Any mail or financial statements that have your permanent address gives credibility to your domicile.

 

Remember, it's always better to have more than enough evidence rather than not enough

 

This thread should be moved to P3-Interview

Edited November 4, 2009 by Kyle (see edit history)

[Hailong]

i recently received p3 (dcf a cr1). i know the only 2 docs i'm suppose to send back at this time are ds230 (parts I and II), and OF-169. i keep the i-864 with me until the day of my wife's face-to-face interview in guangzhou. however, i still have a few questions about it:

 

1. in ds-230 part II, on page 4, it says do not sign this form until instructed to do so by the consular officer. so we do simply mail in ds-230, part II, and leave that section of page 4, unsigned?

 

will the VO ask my wife to sign it the day of her interview?

 

2. do i need to get my tax returns notarized? and if so, where can i get that done (i live/work in shanghai)? is the SH consulate general place where i can get an english document notarized?

 

3. after receiving packet 4, is it true i can move to a new apartment and not have it affect the immigrant visa process? i ask this because if i'm not mistaken, once p4 is received and the interview date is set, if my wife gets her immigrant visa, she'll have to pick it up at one of the china post offices in guangzhou, rather than it being mailed back to us in shanghai, right?

 

4. how exactly does the criteria of "domicile" work? in my case, i'll be relocating to california and i'm having a friend find me an apartment starting a few months before i make the actual move (note: this will occur after i receive packet 4, and after my wife's interview takes place). on the i130 form, i wrote my friend's condo's address as my "intended US residence." in the worst case (which is pretty much impossible) if my friend can't find me an apartment, i'll stay at his condo for a few weeks while i go apartment hunting myself. i wont know the address of my apartment until he signs the actual lease for me (i gave him a POA that covers this).

 

am i ok here with respect to the "domicile" requirement?

 

Hello caliorbust,

What are included in Packet 3. Are you opt into electronic processing? Did you received P3 by email or by mail? What is Packet 4?

Thank you very much!

Best wishes!

[Kyle]

He is receiving his packet (3 and 4) information by EMS registered mail (China). He's filing directly with the consulate (China). He did not file his I-130 petition in the United States. there is no electronic processing for those who file an I-130 petition directly with the consulate. Please read his first sentence

 

i recently received p3 (dcf a cr1).

 

Information about packet three and packet four can be found below.

 

http://guangzhou.usembassy-china.org.cn/fo...and_packets.htm

 

Information about filing directly with the consulate rather than filing state side

 

http://candleforlove.com/forums/index.php?showtopic=37648

http://candleforlove.com/forums/index.php?...iginal+passport

Edited November 5, 2009 by Kyle (see edit history)

[Hailong]

He is receiving his packet (3 and 4) information by EMS registered mail (China). He's filing directly with the consulate (China). He did not file his I-130 petition in the United States. there is no electronic processing for those who file an I-130 petition directly with the consulate. Please read his first sentence

 

i recently received p3 (dcf a cr1).

 

Information about packet three and packet four can be found below.

 

http://guangzhou.usembassy-china.org.cn/fo...and_packets.htm

 

Information about filing directly with the consulate rather than filing state side

 

http://candleforlove.com/forums/index.php?showtopic=37648

http://candleforlove.com/forums/index.php?...iginal+passport

 

Hello Kyle,

Thank you very much for your quick response and very helpful links.

I am sorry I did not understand "dcf a cr1". I am opted into electronic processing, do I expect to receive P3 and P4 through email from NVC ?

 

Thank you very much and best wishes to your interview!

[Kyle]

That's no problem. I believe you should expect to receive your P3 and P4 through email (download). Unfortunately, I have no experience with electronic processing. Here is a link with more information

 

http://travel.state.gov/visa/visa_4409.html

 

Under the Electronic Processing Program all forms will be downloaded, completed, signed (if required), scanned, saved as PDF files, and e-mailed to the NVC. Required civil documents and supporting documents must be converted to PDF files by scanning and e-mailed to the NVC.

Edited November 5, 2009 by Kyle (see edit history)