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Almost ready to file I-130


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Hi CFL!

I am nearly ready to DCF, for my wife in Beijing.

I just wanted to ask the experienced DCF, people here for opinions and some advice on what I'll bring. Also a few questions. biggrin.gif

Quick summary first of Wife, and I.

Spouse, and I have been living together in China, for nearly 8 years. Married together 4. We have a 19 month old daughter. I have been Teaching on and off, for the past 7 years. Currently unemployed.
Haven't been back to the US, in 2 years. Wife and daughter, never been to the US, before. Wife got denied B2 tourist visa in 2003. (before marriage). Our plan is to bring our family back to America for a couple of years. Hopefully we can! smile.gif

Before I DCF, I really would like to know my chances of pink/denial after and if DCF is approved. Please give me honest opinions and advice.

1. My father will be Joint sponsoring. He is well above the 125% poverty level.
2. I am not worried about proving our marriage and relationship.
3. Wife doesn't have very strong ties in China. She is an elementary school teacher.
4. I am unemployed at the moment.
5. I am sure I will have a problem with Domicile. My Id card expired years ago. I no longer have a bank account in the US. I have never dealt with taxes. Can I deal with taxes online while being in China? I do have an annuity settlement which starts next year. Could I use that to show that I want to keep Domicile after arriving in the US, so that I can maintain the payments? What are some other things I could do to prove that I have the intentions to keep domicile? The last time I've been in the US was about 2 years ago. I have only been back twice during my 8 years in China. Should I be worried about denial because, I never maintained domicile?
6. Although it may not matter but my spouse and I are in our late 20's. We also have a very strong desire to succeed and have been putting all of our "Gong Fu" into this!

Things I will bring when I DCF:

Note: I will ask some questions.

1. I-130 Petition (2 Pages)
2. G-325A- Me - Do I need to print the instruction page and hand in also?
3. G-325A - Spouse - Chinese addresses are so long. Will writing them down in smaller letters be ok on the G-325a form?
4. Copy- Birth certificate and SSN Card - Me (1 page)
5. Copy - Passport cover and signature pages- Spouse (1 Page)
6. Copy - Passport cover and signature page - Me(1 Page)
7. Copy - My current Chinese (L) Visa (1 Page) I have called Beijing. and explained I am on renewable 6 month (L) visa's for the purposes of staying with family. USCIS, in Beijing said no problem. Lets hope so!
8. Copy - Our wedding certificate in Chinese (Red book for Spouse and red book for me) (2 Pages)
9. A notarized and translated copy of our wedding certificate.
10. A notarized and translated copy of Spouses, birth certificate.
11: Visa photos (2in x 2in - white background) of myself and Spouse.
12: Photos, of course to prove our relationship and marriage. How many pics would you guys say is enough? I have like hundreds... Should I also bring in wedding video?

Numbers 9 and 10 are still in the process. How much did it cost for most of you to notarize and translate those docs? unsure.gif

Anyways we are getting close to DCF. Is there anything I may be missing?

I am planning on putting these files in folders, then using an accordion like folder case to organize everything. Another question that I had, is what goes in what folder? unsure.gif
For example:

Folder 1 I-130 and G-325A forms- into folder labeled (I-130 & G-325A's? LOL! much help appreciated on how to organize the folders blink.gif

Plus should I have my family send some invitation letters for my spouse?

I really do want to thank all of you regardless if you guys reply to this post! CFL, has been very helpful and educational to me and my family!!! smile.gif

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We also turned in several reference letters (from family members and friends) Their letters were accompanied by their DL or passport bio page. I did redact some of their personal information.

 

We turned in around 50 photos, mostly of our wedding and with various family members - also several photos of my wife's visits to America (again with family). We didn't turn in too many photos of just "us". Also, my birth certificate and ss card copies were notarized. Not sure if that's necessary. Also, my wife and I, because of our extensive travels to and from China, included a copy of both of our passports in their entirety.

 

To prove domicile, you can always apply for jobs online and print out correspondence (emails) between you and your future potential employer. I did this with three companies requesting interviews. Monster.com is a good place to start that. If you don't have an account, I'd seriously open one earlier than the week before your interview.

 

Your settlement, although nice, isn't in effect yet. I'd include it, but I don't believe at this point it is going to help you greatly in overcoming the 125 line. I would definitely document it though.

 

Everything that we included in our kitchen sink, is listed below:

 

http://candleforlove.com/forums/index.php?...mp;#entry536147

 

I think your chances of success (really not just for you but everyone) increase if you include more information at the time of filing the I-130, rather than hoping you can submit it later. Good luck.

Edited by Kyle (see edit history)
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Chances of pink is very high they should not deny based on Bona fide relationship (Married and living together as well as having a child)

 

The only MAJOR catch that gets DCF is Petitioner's US Domicile issues, US Citizen spouse is petitioner, and petitioner MUST provide an affidavit of support (I-864), and I-864 REQUIRES US Domicile. You can use a person in the USA as a Joint sponsor in the case of your un-employment, however you still need to provide I-864 as primary sponsor even if un-employed.

 

Two answer questions:

 

1) Again you will be primary and US Domicile will be issue.

2) Correct not an issue.

3) Strong ties is NOT an issue for an IMMIGRANT visa, the visa is for moving to the USA.

4) This is again not an issue if you have a good joint sponsor.

5) You will need to re-establish domicile, also file IRS returns if you did not in the past years, US Citizens may be exempt from paying tax on foreign income, however they are not exempt from filing IRS returns. Where in USA was your mail being sent, parent's home? If Parent's home then that is your Domicile.

Manila has some good sugestions regarding domicile:

The U.S. Domicile Requirement for Petitioners

 

Your petitioner must live in the United States or in a U.S. territory or possession. If your petitioner does not, he or she cannot sponsor you for immigration to the United States.

 

You must convince the consular officer that your petitioner lives in the United States. To do this, you may provide the following:

  • A photograph of your petitioner holding a recent newspaper while at a location that clearly is in the United States (such as a U.S. Post Office);
     
  • current mortgage or bank statements showing your petitioner¡¯s U.S. address;
     
  • certificates of employment, pay stubs, or utility bills in your petitioner¡¯s name (phone, power, water, cable, Internet, etc.).

If your petitioner currently is not in the United States, and he/she is a U.S. citizen, he/she should provide a letter of intent to return with you to the United States. Petitioners who are legal permanent residents must be physically present in the United States.

http://manila.usembassy.gov/wwwh3207.html

 

Other ways some deal with the domicile issue is shortly after filing I-130, US Citizen returns to USA and starts things like Job interviews, rents apartment, apply for DL, etc (Reestablish Domicile)

 

As for notarized translation, you can get this done at the NOTARY office, note translations only need to be certified.

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

 

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

 

Certification by Translator

 

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

 

Signature_________________________________

Date Typed Name

Address

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD (This is what will be done at the Notary office)
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5) You will need to re-establish domicile, also file IRS returns if you did not in the past years, US Citizens may be exempt from paying tax on foreign income, however they are not exempt from filing IRS returns. Where in USA was your mail being sent, parent's home? If Parent's home then that is your Domicile.

 

Will I still have to file tax returns even though I haven't made any income for the past 3 years?

 

If so, would I be able to make up the 3 years of tax returns on the IRS website?

Edited by reliable (see edit history)
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5) You will need to re-establish domicile, also file IRS returns if you did not in the past years, US Citizens may be exempt from paying tax on foreign income, however they are not exempt from filing IRS returns. Where in USA was your mail being sent, parent's home? If Parent's home then that is your Domicile.

 

Will I still have to file tax returns even though I haven't made any income for the past 3 years?

 

If so, would I be able to make up the 3 years of tax returns on the IRS website?

The I-864 requires at least a copy of past year's return or a written explanation why you were exempt from filing one, many simply file a ZERO return rather than have the interviewing officer ask their spouse/fiancee difficult questions about this.

 

Note I-864 is needed at the interview, not when you file the I-130, you have some time to prepare it.

Edited by dnoblett (see edit history)
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Which form would I need to file for Zero tax returns? Also can I do this all online?

 

Thanks

1040, 1040A, or 1040EZ.

 

Download fill out an mail to IRS. Keep a copy to attach to your I-864

 

http://www.irs.gov/

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I have tried to file the 1040 form on the IRS website using E-file. The form was not approved by the IRS. I am assuming it was not approved because I put all 0's lol.

 

Do I need to have the form approved before bringing them to GUZ, at the interview? Or do I just go head and file all Zero's then print the form and give it to the VO? Do I really need to mail the form to the IRS? Also how will I be able to get the previous forms for 2007, 2008? Do I actually need to have the 2008, 2007 forms or would the 2009 be enough?

 

I called the IRS to ask how I can get back the old forms and file Zero tax returns. According to the IRS, I am not eligible to filing taxes, since I haven't made any income what so ever in China, for the past 3 years. I have been at home taking care of wife, baby, house, mainly learning Chinese, Chinese cooking, and Martial arts, privately. Will a letter explaining my details of exempt, please the VO, even if he/she reads it? Id rather file zero than having the VO asking my spouse questions about it, but I am not a 100% sure how.

 

Another problem of mine will be Domicile. I haven't maintained Domicile for the past 5 years. LOL, I am not even sure where my mail is being sent at the moment <>_<> I will see if I can get several job interviews set up for me in the United States, prior to the interview for my spouse. I can't open a bank account anymore since, my ID card is expired. Hmm... Any other ideas to help me provide a letter of intent to return to the United States? What are some other things I can do to prove intent?

 

 

My father is going to joint sponsor and he will be able to provide all 3 years of tax transcripts.

 

 

Should of knew all these laws a long while ago. I guess it's cause after being with my spouse in China, for 8 years, we finally decided to immigrate to the US. : <

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I have tried to file the 1040 form on the IRS website using E-file. The form was not approved by the IRS. I am assuming it was not approved because I put all 0's lol.

 

Do I need to have the form approved before bringing them to GUZ, at the interview? Or do I just go head and file all Zero's then print the form and give it to the VO? Do I really need to mail the form to the IRS? Also how will I be able to get the previous forms for 2007, 2008? Do I actually need to have the 2008, 2007 forms or would the 2009 be enough?

 

I called the IRS to ask how I can get back the old forms and file Zero tax returns. According to the IRS, I am not eligible to filing taxes, since I haven't made any income what so ever in China, for the past 3 years. I have been at home taking care of wife, baby, house, mainly learning Chinese, Chinese cooking, and Martial arts, privately. Will a letter explaining my details of exempt, please the VO, even if he/she reads it? Id rather file zero than having the VO asking my spouse questions about it, but I am not a 100% sure how.

 

Another problem of mine will be Domicile. I haven't maintained Domicile for the past 5 years. LOL, I am not even sure where my mail is being sent at the moment <>_<> I will see if I can get several job interviews set up for me in the United States, prior to the interview for my spouse. I can't open a bank account anymore since, my ID card is expired. Hmm... Any other ideas to help me provide a letter of intent to return to the United States? What are some other things I can do to prove intent?

 

 

My father is going to joint sponsor and he will be able to provide all 3 years of tax transcripts.

 

 

Should of knew all these laws a long while ago. I guess it's cause after being with my spouse in China, for 8 years, we finally decided to immigrate to the US. : <

No approval needed, download, print fill out and mail to IRS the old fashion way (MAIL), and then attach a copy to your I-864.

 

2009 is enough, the I-864 specifies (Past year's return (2009)) and it says you can attach prior 3 years (2008, 2007) if you feel this will help. You are using a joint sponsor because your income over the prior three years is not sufficient. (A letter explaining that you did not work and what you have been doing should be fine)

 

Yes DOMICILE IS the big issue you need to deal with, NO- DOMICILE, NO I-864, and no I-864, then NO Visa.

 

Domicile: Place where a person has his or her principal residence. The person must intend to keep that residence for the foreseeable future. The sponsor of an immigrant must have domicile in the U.S. before the visa can be issued. This generally means that the sponsor must be living in the U.S. In certain circumstances, however one can be considered to have a domicile while living temporarily living overseas.
http://travel.state.gov/visa/frvi/glossary...ary_1363.html#D

 

http://www.visajourney.com/forums/topic/16...ost__p__2437604

 

Reestablishing Residence. In cases where the sponsor has clearly not maintained a domicile in the U.S., the sponsor can reestablish U.S. residence. To do this the sponsor must take steps to make the U.S. the immediate principal place of abode. Such steps might include finding U.S. employment, locating a place to live, registering children in U.S. schools and other similar indices of residence. The sponsor should also have made arrangements to relinquish residence in the third country.
http://www.murthy.com/arc_news/a_domi.html
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Finally I made the appointment with USCIS, in Beijing, to file the I-130. My appointment is on Thursday. I am well prepared, except the fact that I haven't put my folders into order yet lol. I am just lost as in how I should categorize everything.

 

I will put all my papers into one of those clear plastic folders. (Papers enter through the sides). After loading them into the plastic folders, I will put them in one accordion like folder to bring with me. Now my confusion lies on what goes in what.

 

1. Plastic Folder 1 - I-130 form (2 pages)

 

2. Plastic Folder 2- G-325a's (Spouse & Me)

 

3, Plastic Folder 3- Spouses notarized & translated birth certificate.

Spouses Biographic passport page. All other info that confirms her identity.

 

4. Plastic Folder 4- Copies of my birth certificate, baptism certificate, SSN card, biographic passport page with signature, and all other info that confirms my identity.

 

5. Plastic Folder 5 - Our notarized & translated marriage certificate. ( 1 white booklet). Copies of our little red marriage books.

 

6. Plastic Folder 6 - Reference letters from family and friends in the US.

 

7. Plastic Folder 7 - Pictures to prove bona fide relationship, and all other evidence of bona fide marriage/relationship.

 

After all these folders are loaded. I will put a cover letter in English & Chinese, on top of each plastic folder. I will then put them into an accordion like folder to hold, along with the original documents for back ups. I am using paper clips to hold all the papers together. The accordion like folder is a bit bigger than the size of an A4 paper. Its quite small & efficient.

 

Will that be a decent categorization?

 

Will the person who accepts my I-130 want me to hand over the, accordion folder, plastic folders, or hand each paper loosely?

 

Another question I have is regarded to my daughter. Will I have to bring in proof that she is the daughter of my spouse and I?

 

I was thinking of bringing in all the medical records before and after birth. Also bringing our daughters, birth certificate, immunization booklet, passport, that little red booklet giving us permission to have a baby. ( Don't know how to directly translate it), and of course photos.

 

The problem is that a lot of these documents will be in Chinese. Such as medical records, red booklet that gives us permission to have a baby, and etc. Will they not accept these additional documents since they haven't been translated?

 

Thanks

Edited by reliable (see edit history)
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Your application should be ready to hand over to the USCIS exactly as if you had mailed it in. Anything that you wish them to consider AS RELATIONSHIP EVIDENCE should be included.

 

You may submit them in plastic folders. However, they will be discarded.

 

Your medical exam will be from a USCIS-approved surgeon, filled out on the I-693 form shortly before the interview. No other medical records are required. No permission is needed to have a baby, as far as the US govt is concerned.

 

Not sure if your daughter will need her own I-130 - if she has an American passport, she does not. She is already able to travel to the US.

 

Someone who has been through the DCF process can provide better help.

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Thanks Randy W for the fast reply!

 

 

I now know how they will accept the 1-130 thanks to you, so I guess I will just hand over the plastic folders with cover letters, and a table of contents of whats inside. I will still bring the accordion folder to keep myself organized, and to back myself up in case. I don't mind loosing the plastic folders. So do you guys think my folder plan will be good enough?

 

When I meant medical exams, I mean not for the spouse. I meant the medical records showing spouses pregnancy, birth, and all other records regarding my daughter. Such as ultrasounds, hospital bills, and etc.

 

As if now my daughter is a Chinese citizen. I have called USCIS in Washington, and have met the American consulate in Shenyang in person, to ask what I shall do for my daughter and her citizenship. Washington told me I can report her birth before she is 18 and change her citizenship quite easily. If I were to do that she would have to leave China, asap and terminate her Chinese citizenship at the Chinese Embassy in the US. She would also have to return to China, on visa's. Shenyang consulate, told me the same as Washington. They said that the process will take about 10 days. They even said she can get her passport in a day if I pay the expedited fee. I just have to prove she is the child of spouse and I. I sense a DNA test in the future. >_>

 

I am in no rush since I have until shes 18 years of age and it's a fast process. I have already looked at all the filing papers that has to be done, and it is MUCH MORE simple than all the DCF paperwork lol. No domicile issue, no I-864 and so on.

 

I will report her birth after and if spouse is granted an IV.

 

 

Thanks

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