Looking for work in the US after filing DCF

[Scott DB]

Hi,

 

I was just wondering if I find a steady job that meets the 125% income requirement in the US by the time we file I-864, will that be enough to convince the VO I can support her, or is there still a high probability the visa will be turned down since I've been working in China the previous three years and made much less than that?

 

I asked my dad if he's willing to co-sponsor, but at this point he says he's "not sure" he can do that after reading the contract.

[Kyle]

If it were me, I would still have a joint-sponsor ready to submit especially if for the past three years, your income listed on your tax returns were significantly less than the 125% poverty guidelines (including your assets).

 

Since the I-864 deals with your financial information from previous years, this is, what I believe, what they are looking for, when assessing whether you can meet the poverty guidelines in the present.

 

For example, my past three years, like you, did not meet the poverty guidelines from 2006 - 2008 - however, our joint-sponsor, did.

 

I'm assuming of course that your employment won't actually begin until you reach the States.

 

Your gaining employment before entering the US will likely "seal the deal" in getting a successful interview attempt (proving domicile), however, (even though it will likely work out financially) you, at this point, have no income coming in at the time you file your I-864 (again, I am assuming you won't be receiving income until after entering the US). IF that is the case, then I suspect that USCIS will want a "guarantee" from someone else who had adequate income from the previous three years, just to cover any "what if's" the GOV may have. Just my opinion. Their main concern is not allowing the applicant to become a financial burden on the American public.

 

Just so you know, a joint-sponsor doesn't have to be a relative - see below.

 

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

 

A joint sponsor can be any U.S. citizen, U.S. national, or

lawful permanent resident who is at least 18 years old,

domiciled in the United States, or its territories or possessions,

and willing to be held jointly liable with the petitioner for the

support of the intending immigrant. A joint sponsor does not

have to be related to the petitioning sponsor or the intending

immigrant.

Edited December 8, 2009 by Kyle (see edit history)

[warpedbored]

Three years taxes are no longer required for the I-864. Only your most recent tax year is. From the USCIS website instructions for the I-864.

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

 

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use.

[Kyle]

Three years taxes are no longer required for the I-864. Only your most recent tax year is. From the USCIS website instructions for the I-864.

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

 

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use.

 

This is true, however, in the case of my wife - they did ask for the other two before the actual interview took place. You may want to be prepared to submit the other two years in case they ask for them. As Carl mentioned above, they only REQUIRE, the most recent tax return records (copies are fine), so you might not submit the other two. That being said, it's better to be over prepared than caught off guard. Even though the records themselves might not be required, the information pertaining to the other two years are still required. (question 25 part 1 is NOT optional. Part 2 IS optional):

 

http://i45.tinypic.com/wqk5y.jpg

Edited December 8, 2009 by Kyle (see edit history)

[xiaofeizhu]

I agree with what has been said so far. I DCFed in Beijing, and being a student for, well, the past 22 years, all I had was the income from my part-time/summer jobs. I had a co-sponsor, which happened to be my mom, but like was said, it does not have to be a relative.

 

Judging by what you said, you have probably already filed your taxes for the past three years, but if you haven't, make sure that you do even if you do not have to pay anything. Since you are already married, you can also have your wife added to your taxes, as my hubby and I did to further help the "bona fide reliationship" stuff.

 

When my hubby and I DCFed a year ago, we were asked for all three years of tax returns for both my taxes and my moms.

 

I don't want to worry you, but I think nearly everyone must go through the income requirements. Even for people who have the one minute, three question interview, I would bet that at least one of those questions is about meeting the income requirements. I would say this is especially true for CR/IR visas because the interview will result in an immigrant visa that results in a Green Card upon entry. There is no AOS so the government needs to know before she gets there that someone can/will support her.

 

Do you know anyone else who would be willing to help you? Best wishes in finding a co-sponsor and on your interview. Please keep us updated!

[Scott DB]

 

Your gaining employment before entering the US will likely "seal the deal" in getting a successful interview attempt (proving domicile), however, (even though it will likely work out financially) you, at this point, have no income coming in at the time you file your I-864 (again, I am assuming you won't be receiving income until after entering the US).

 

What if I enter the U.S. before my wife, shortly after I file the I-130, and begin working at a job before we file the I-864 (which unless I'm mistaken usually happens 3 to 6 months later)?

[xiaofeizhu]

What if I enter the U.S. before my wife, shortly after I file the I-130, and begin working at a job before we file the I-864 (which unless I'm mistaken usually happens 3 to 6 months later)?

 

This is a good strategy for establishing domicile and getting things ready for her. You will most likely be required to produce the I-864 at the interview, which will be about 4-6 months after you DCF.

 

There are, however, a few potential problems with this plan. One, is that if you are filing in say, March 2010, and you get an interview in say, September, you will have been working, but have not filed taxes for the year 2010 because it is not over yet. Thus, you will be required to have taxes from the years 2009, and probably 2008 and 2007. Having said that, you could return to the US late next year to have your taxes filed for 2010 with an interview in 2011. Even if you time it so that your interview ends up being in the beginning of 2011, you might not make the poverty line, having just worked for 4-6 months of the year. In either case, they may ask for your previous years and want to have 3 years of tax transcripts/copies, which would still put you at the lower income bracket.

 

I do not want to give you a hard time, but I don't want to see you come up with a blue because of your I-864. While you have good intentions, I think it will be very difficult to do without a co-sponsor.

 

Of course, with GUZ you never know. You might not have a co-sponsor and they might not look at it and everything will be fine. I do think, though, that more likely than not your finances will be scrutinized more than anything else (you are living in China and usually DCFers do not go through as much proving their relationship is "bona fide"...)

 

Hope this helps.

[Kyle]

What if I enter the U.S. before my wife, shortly after I file the I-130, and begin working at a job before we file the I-864 (which unless I'm mistaken usually happens 3 to 6 months later)?

 

This is a good strategy for establishing domicile and getting things ready for her. You will most likely be required to produce the I-864 at the interview, which will be about 4-6 months after you DCF.

 

There are, however, a few potential problems with this plan. One, is that if you are filing in say, March 2010, and you get an interview in say, September, you will have been working, but have not filed taxes for the year 2010 because it is not over yet. Thus, you will be required to have taxes from the years 2009, and probably 2008 and 2007. Having said that, you could return to the US late next year to have your taxes filed for 2010 with an interview in 2011. Even if you time it so that your interview ends up being in the beginning of 2011, you might not make the poverty line, having just worked for 4-6 months of the year. In either case, they may ask for your previous years and want to have 3 years of tax transcripts/copies, which would still put you at the lower income bracket.

 

I do not want to give you a hard time, but I don't want to see you come up with a blue because of your I-864. While you have good intentions, I think it will be very difficult to do without a co-sponsor.

 

Of course, with GUZ you never know. You might not have a co-sponsor and they might not look at it and everything will be fine. I do think, though, that more likely than not your finances will be scrutinized more than anything else (you are living in China and usually DCFers do not go through as much proving their relationship is "bona fide"...)

 

Hope this helps.

 

Exactly, the income your earning (or will be) won't be filed under this year's tax returns.

 

Unless you're working with an American company while in China (or have an extremely high paying job with a Chinese organization), it's going to be somewhat difficult to file directly with the consulate without needing a joint-sponsor - unless you have a large amount of assets which you can use to bring you over the 125% poverty line (inheritance, investments, real estate, etc)

Edited December 8, 2009 by Kyle (see edit history)

[david_dawei]

 

Your gaining employment before entering the US will likely "seal the deal" in getting a successful interview attempt (proving domicile), however, (even though it will likely work out financially) you, at this point, have no income coming in at the time you file your I-864 (again, I am assuming you won't be receiving income until after entering the US).

 

What if I enter the U.S. before my wife, shortly after I file the I-130, and begin working at a job before we file the I-864 (which unless I'm mistaken usually happens 3 to 6 months later)?

The key issue is permanent employment which appears to provide constant, sustainable income. That's the only reason for asking up to three years, so they can see some continuity for assurance reasons.

 

if the VO is asssured based on 1 year or even 6 months.. that's permissible... but they have the authority to ask for 3 years to review and further to decide solely if this is a financial picture they like.

 

The co-sponsor, as stated, is probably in your best interested to have available.

 

Best case is: She turns over a financial folder when asked and it has your employment letter of permanent, full time position with income stated and the I-864/taxes, and then also the co-sponsor stuff.

 

If the VO feels you qualify alone, they will not take the co-sponsor.

[Guest Pommey]

If he files in the USA CR-1 its not DCF, tax/income info is sent to NVC roughly half way through the process, so maybe 3-4 months after filing, anyway months before the interview.

 

Please correct me if I'm wrong.

Edited December 8, 2009 by Pommey (see edit history)

[Kyle]

I think he's currently in China, planning on filing his petition - then leaving for America to look for employment.

 

You will most likely be required to produce the I-864 at the interview, which will be about 4-6 months after you DCF.

 

Our interview was just shy of three months after first filing our I-130 petition in Beijing. There are a few others who experienced similar processing times. You may want to look at the timelines to see how fast petitions are currently being processed.

 

http://www.candleforlove.com/FAQ/Timelines/Ne...L_Timeline2.htm

[Scott DB]

I think he's currently in China, planning on filing his petition - then leaving for America to look for employment.

 

Yeah, that's right. Technically my contract with the school expires on January 31st, though my residence permit is valid a few months longer than that.

 

You will most likely be required to produce the I-864 at the interview, which will be about 4-6 months after you DCF.

 

Our interview was just shy of three months after first filing our I-130 petition in Beijing. There are a few others who experienced similar processing times. You may want to look at the timelines to see how fast petitions are currently being processed.

 

If worse comes to worst, we can always delay the interview right? I thought I read that once the I-130 petition is filed and approved it doesn't expire. And the interview isn't scheduled until the P3 materials are sent back, is that right?

[xiaofeizhu]

I think he's currently in China, planning on filing his petition - then leaving for America to look for employment.

 

Yeah, that's right. Technically my contract with the school expires on January 31st, though my residence permit is valid a few months longer than that.

 

You will most likely be required to produce the I-864 at the interview, which will be about 4-6 months after you DCF.

 

Our interview was just shy of three months after first filing our I-130 petition in Beijing. There are a few others who experienced similar processing times. You may want to look at the timelines to see how fast petitions are currently being processed.

 

If worse comes to worst, we can always delay the interview right? I thought I read that once the I-130 petition is filed and approved it doesn't expire. And the interview isn't scheduled until the P3 materials are sent back, is that right?

 

True, you can always reschedule or wait. It's just time that you and your wife will be apart. If both of you don't mind, then this is a viable solution