Applying for a B2 visa after marraige with US Citizen?

[dnoblett]

Affidavit of Support:

 

I am sensing I will have another problem, if I were to start the I-130 process.

 

As I said I am currently unemployed, and obviously do not make enough income at the moment to pass 125% poverty line. Even If I were employed, in China I still cannot pass the 125% poverty line.

 

My question is that do I still have hope using a co sponsor? I have a very supportive family which definitely passes the 125% poverty line.

If not what other option could I take?

 

Another thing I do have is Annuity payments from a settlement that I have coming to me by next year in Dec. The payments last for 15 years straight monthly. The periodical payments start at 1k usd though, and increases dramatically after 5 years of beginning payments. Could this be used to help me out with the Affidavit of Support?

 

My wife, and I, do have property in China. The property of course is in spouses name. Would this have any positive affect on the Affidavit of Support?

 

Finding a job in the United States that will pass the 125% poverty line, will not be an issue for me. I am assuming that wouldn't matter much on the Affidavit of Support since I will not have a job during filing.

 

Also showing how much money I have in my bank account's will not be helpful in anyway when proving Affidavit of Support?

Keep in mind a bigger requirement of the Affidavit of support is US Domicile, you will need to provide evidence that you did not give up your US Domicile and that living in China was a "Temporary" condition. Things like past year's IRS returns, US Bank accounts, A home in the USA, maintained State ID, etc.. will go to showing Domicile.

 

You the petitioner will be required to provide an Affidavit Of Support even when using a Joint-sponsor, and your Affidavit of Support will require US Domicile.

 

Also the Affidavit of Support will require past year IRS return, in your case by the time you go to interview, it will require 2009 return, simply file a Zero return and attach a copy to your Affidavit of Support. US citizens may be exempt from paying tax on foreign income, however you are not exempt from filing IRS Returns, unless below a set income level, however the Affidavit of Support requires an explanation why a return was not filed, most simply file a zero return rather than having to explain why a return was not filed, one less question for your spouse interviewing for visa to answer.

[warpedbored]

I doubt your wife will be able to get a B visa simply because she is married to a US citizen. They are going to assume she has immigrant intent. If she were to go the US to visit your family there would be nothing stopping you from filing an I-130 stateside and waiting there for it to be approved.

 

As others have said you could probably submit your papers to Shenyang but you may be required to go to Beijing to answer questions and she will certainly have to go to Guangzhou for the visa interview.

 

For sure bone up on domicile as Dan noted.

[Lee VD]

A year and half ago or so, the U.S. agreed to improve the approval rates of B2's per the Chinese Gov't complaint that the U.S. was making it too hard for Chinese citizens to visit. I think they have expanded their criteria to identify those who appear to be touring and have the means (job/money) to afford it.

 

For my girl, I always instructed her to NEVER mention the boyfriend factor, she just likes touring the U.S. was the line. However, whenever I returned from the U.S. I would mention my girlfriend in China and I got a lot of questions about it...

[reliable]

Affidavit of Support:

 

I am sensing I will have another problem, if I were to start the I-130 process.

 

As I said I am currently unemployed, and obviously do not make enough income at the moment to pass 125% poverty line. Even If I were employed, in China I still cannot pass the 125% poverty line.

 

My question is that do I still have hope using a co sponsor? I have a very supportive family which definitely passes the 125% poverty line.

If not what other option could I take?

 

Another thing I do have is Annuity payments from a settlement that I have coming to me by next year in Dec. The payments last for 15 years straight monthly. The periodical payments start at 1k usd though, and increases dramatically after 5 years of beginning payments. Could this be used to help me out with the Affidavit of Support?

 

My wife, and I, do have property in China. The property of course is in spouses name. Would this have any positive affect on the Affidavit of Support?

 

Finding a job in the United States that will pass the 125% poverty line, will not be an issue for me. I am assuming that wouldn't matter much on the Affidavit of Support since I will not have a job during filing.

 

Also showing how much money I have in my bank account's will not be helpful in anyway when proving Affidavit of Support?

Keep in mind a bigger requirement of the Affidavit of support is US Domicile, you will need to provide evidence that you did not give up your US Domicile and that living in China was a "Temporary" condition. Things like past year's IRS returns, US Bank accounts, A home in the USA, maintained State ID, etc.. will go to showing Domicile.

 

You the petitioner will be required to provide an Affidavit Of Support even when using a Joint-sponsor, and your Affidavit of Support will require US Domicile.

 

Also the Affidavit of Support will require past year IRS return, in your case by the time you go to interview, it will require 2009 return, simply file a Zero return and attach a copy to your Affidavit of Support. US citizens may be exempt from paying tax on foreign income, however you are not exempt from filing IRS Returns, unless below a set income level, however the Affidavit of Support requires an explanation why a return was not filed, most simply file a zero return rather than having to explain why a return was not filed, one less question for your spouse interviewing for visa to answer.

About Domicile,

 

Hmm this may get a little tricky for me then lol. The last time I've been back to the United States, was about 2 years ago. I flew to China, at the age of 18 meaning I didn't leave much behind. Such as a house, car, employment and etc. I also never done tax returns or received mail.

 

The only things I could show proof of being back in the United States, are plane tickets, photos with family members, and small receipts purchasing things like food, small items, etc. (I doubt that will have any affect).

 

Will I still be able to prove Domicile?

 

What are some other things I could use to show proof of domicile?

Edited March 14, 2010 by reliable (see edit history)

[Kyle]

The VO gave me a copy of the the domicile criteria they use:

 

http://www.state.gov/documents/organization/86988.pdf

 

basically it lists these things (I'm sure it's not conclusive, but he may of been specifically speaking from a DCF viewpoint:

 

1. Opening a bank account

2. Transferring funds to the US

3. Making investments in the US

4. Seeking employment in the US

5. Registering children in US schools

6. Applying for a social security number; and

7. Voting in local, state, or federal elections.

 

Download the PDF file and note pages 27 - 29

 

This information was taken from our experiences in Guangzhou.

 

http://candleforlove.com/forums/index.php?...mp;#entry526766

Edited March 14, 2010 by Kyle (see edit history)