Feeling perplexed on issues with Packet 3 and DS-230

[dnoblett]

I meant I don't know why you are going to try and get or get a police report from GUZ in addition to one from her Hukou. The police report has to come from her Hukou so getting/trying to get one in GUZ seems like a waste of time. Regarding your only police certificate from your time in China -- get one if you like. I was talking about the police certifcate your wife needs for the interview.

 

I will get the police certificate from her Hukou, easy enough to do, while focusing on either filing back taxes or having a good explaination for not doing so (since actually it is required whether you owned taxes or not) and having a good answer for the domilce issue.

Yep, you may be exempt from paying the IRS tax on foreign income, however unless your income is very low you are not exempt from filing returns. The I-864 requires copies of at least the most recent tax year's return or a very good reason why a return was not filed.

 

As for domicile, I-864 cannot be provided unless you have shown to have maintained US domicile. US citizen spouse needs to sponsor immigrant and I-864 is a requirement of sponsorship.

 

Evidence of US domicile will be needed at the time of interview.

 

Topics about Domicile: http://candleforlove.com/forums/index.php?...ite=%2Bdomicile

 

Thanks a lot for all the replies, friends.

 

Looks like I'd better get going on back-filing taxes for the past four fiscal years!

 

Does anyone know of where I could find out what constitutes "a very good reason" for not filing taxes?

 

If this thing comes back to haunt me, I suppose it's no one's fault but my own. I'd just assumed that filing taxes here in China was sufficient, in addition to the advice of a relative who knew (or at least seemed to know) about these financial matters and swore that I didn't need to file back home.

 

Thanks again, all!

From IRS:

U.S. Citizens and Resident Aliens Abroad

 

 

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

When to File

 

If you reside overseas, or are in the military on duty outside the U.S., you are allowed an automatic 2-month extension to file your return until June 15. However, any tax due must be paid by the original return due date (April 15) to avoid interest charges.

 

U.S. Embassy

No. 55 An Jia Lou Lu

Beijing 100600

China

 

Limited taxpayer service at this time by appointment only. You may email for an appointment at amcitbeijing@state.govamcitbeijing@state.gov.

MORE...

http://www.irs.gov/businesses/small/intern...d=97324,00.html (Much more info at this link about filing past years returns exemption etc..)

 

 

 

IRS about filing late returns: http://www.irs.gov/businesses/small/articl...=108327,00.html

[AaronTMartin]

I meant I don't know why you are going to try and get or get a police report from GUZ in addition to one from her Hukou. The police report has to come from her Hukou so getting/trying to get one in GUZ seems like a waste of time. Regarding your only police certificate from your time in China -- get one if you like. I was talking about the police certifcate your wife needs for the interview.

 

I will get the police certificate from her Hukou, easy enough to do, while focusing on either filing back taxes or having a good explaination for not doing so (since actually it is required whether you owned taxes or not) and having a good answer for the domilce issue.

Yep, you may be exempt from paying the IRS tax on foreign income, however unless your income is very low you are not exempt from filing returns. The I-864 requires copies of at least the most recent tax year's return or a very good reason why a return was not filed.

 

As for domicile, I-864 cannot be provided unless you have shown to have maintained US domicile. US citizen spouse needs to sponsor immigrant and I-864 is a requirement of sponsorship.

 

Evidence of US domicile will be needed at the time of interview.

 

Topics about Domicile: http://candleforlove.com/forums/index.php?...ite=%2Bdomicile

 

Thanks a lot for all the replies, friends.

 

Looks like I'd better get going on back-filing taxes for the past four fiscal years!

 

Does anyone know of where I could find out what constitutes "a very good reason" for not filing taxes?

 

If this thing comes back to haunt me, I suppose it's no one's fault but my own. I'd just assumed that filing taxes here in China was sufficient, in addition to the advice of a relative who knew (or at least seemed to know) about these financial matters and swore that I didn't need to file back home.

 

Thanks again, all!

From IRS:

U.S. Citizens and Resident Aliens Abroad

 

 

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside.

When to File

 

If you reside overseas, or are in the military on duty outside the U.S., you are allowed an automatic 2-month extension to file your return until June 15. However, any tax due must be paid by the original return due date (April 15) to avoid interest charges.

 

U.S. Embassy

No. 55 An Jia Lou Lu

Beijing 100600

China

 

Limited taxpayer service at this time by appointment only. You may email for an appointment at amcitbeijing@state.govamcitbeijing@state.gov.

MORE...

http://www.irs.gov/businesses/small/intern...d=97324,00.html (Much more info at this link about filing past years returns exemption etc..)

 

 

 

IRS about filing late returns: http://www.irs.gov/businesses/small/articl...=108327,00.html

 

Thanks a lot for this, dnoblett. I will check these links in the next few days. I really appreciate your help!

 

All the best,

Aaron

[dnoblett]

Who ever gave you that advice should be corrected, be thankful you are not a green-card holder, not filing an IRS return while overseas gets green-card revoked.

[AaronTMartin]

Hi Friends,

 

Well, I was a bit unsure as to where I should place this post, but in the end, since the main issue is tax-related, I chose this thread.

 

I could subtitle this post "Several questions plus 'Oh man, our interview is in six days! How could this be happening so fast'?!?'"

 

Xuemei and I just got back from a 2-week trip to western Hubei Province. The main purpose of the journey, other than visiting her family and friends, was to complete her police certificate. Towards the end of the trip, she received a call saying that an EMS envelope (containing Packet 4) was waiting for her. Thus we cut our visit a bit short and came back down to Guangzhou.

 

I am shocked about two things: 1) the speed with which our case (a DCF) is being handled---it's been less than 60 days since I filed form I-130, and 2) the quick turnaround time between sending in Packet 3 and getting an interview date---Xuemei's is NEXT WEDNESDAY! Good thing we came back early.

 

First, several questions:

1. My parents are (co)sponsoring Xuemei and have completed and sent form I-864, along with their W-2 from last year, to us. Do I/we need to complete form I-134 as well? I'm thinking it's not needed based on what I read in the instructions page of that form.
   
2. In section C of the 'Evidence of support' part of the "Appointment Instructions for Immigrant Visa Applicants," it mentions presenting evidence of current employment. Since my parents are sponsoring us, this needs to come from them. What would suffice in this case? A stamped letter from their respective employers stating that they're current employees?
   
3. Xuemei turned in her old passport when she was issued a new one. The requirements for applicants state bringing previous expired passports to the interview. Will this be a problem for us?
   
4. This one is perhaps a stupid question: Do I need to be there with Xuemei during the interview? I seem to remember reading that I do.
   

Xuemei's stuff is pretty much all set. She's going down to the medical center at Shamian to get her medical exam done, and she'll get the results the same day. Did I read correctly in another post on CFL that she needs to stay there on-site all day?

 

And now on to the Achilles' heel of our case, and the reason why I'm placing this post here: US taxes. I have not filed US taxes since April 2005 (I've been living in China since August '04; see more on our case here). I feel pretty sure that there is little-to-no chance of back-filing 4 years' of taxes in 4 business days. I'm not even sure of which forms I need to file (though based on shenzhen's post it seems I need to file forms 1040, 1116 and 2555). Adding to the problem, income that I earned here in Guangzhou back in early 2007 probably couldn't be accurately reported because 1) the company no longer exists, and 2) they didn't issue pay stubs. This is really going to hurt our chances, I know. All I can do is take a deep breath, buckle down, do some research and try my best to get it done (or as much as I can) before July 7th. I am very, very nervous at the moment.

 

Here's the big question: should we call the Consulate and postpone our interview? Even with my parents acting as co-sponsors, I feel really apprehensive about going in without my own tax records squared away. My current Chinese visa expires in late August, but I can easily (though not cheaply) go down to Hong Kong to get as many month-long tourist visas as need be. Our current apartment is also not a problem, as we're lucky enough to have a cool landlord. And plane tickets can't really be arranged until Xuemei gets that pink slip. Thus time is not really that pressing for us. Having said that, I'd still like to be heading home with my family as soon as possible. But I also really want to do this thing correctly the FIRST time. And I'm thinking that insufficient financial information on my part will really hurt our chances. Has anyone out there rescheduled an interview? If so, how much time did the Consulate give you?

 

What do you all think? I'm anxious to hear your thoughts. Many thanks in advance for bearing with me on such a long post!

 

Best regards,

Aaron

[dnoblett]

1) I-134 is for NON-Immigrant visas like K-1. You are sponsoring an Immigrant so must also use I-864 and primary sponsor, your parrants are considered Joint sponsors.

 

2) Correct, I-864 indicates a letter from employer or recent pay-stubs constitutes evidence of current employment.

 

3) Should not be an issue. However when renewing a passport it is normal for the passport office to invalidate the old passport by punching a hole or cutting a corner off the passport and returning it to the passport holder.

 

4) No, however many prefer to wait near the consulate, you cannot attend the interview with the applicant.

 

5) Can leave the medical center and return later to pickup the results, do not have to wait there all day for that.

 

6) You can download the correct forms from IRS.GOV, fill them out, make copies and bring those copies to the interview, and later file the past returns.

[dnoblett]

2009 IRS forms: http://www.irs.gov/app/picklist/list/formsInstructions.html

 

2008 IRS Forms: http://www.irs.gov/formspubs/article/0,,id=209563,00.html

 

2007 IRS Forms: http://www.irs.gov/formspubs/article/0,,id=182756,00.html

 

2006 IRS Forms: http://www.irs.gov/formspubs/article/0,,id=169996,00.html

 

2005 IRS Forms: http://www.irs.gov/formspubs/article/0,,id=158421,00.html

[dnoblett]

For my Number 6 above, Randy said it best:

 

Best to INCLUDE the expected (required) document, and then let them read it for content.

 

No surprise is a good surprise in this case.

 

To my way of thinking, it's not even necessary to mail the return - fill it out and follow the instructions, which say to NOT mail it in - although it certainly can't hurt to do so.

http://candleforlove.com/forums/index.php?...st&p=547897

[Kyle]

1. You need to fill out an I-864 as well. My dad also served as a joint sponsor for my wife, Jingjing. He provided us the last three years of his tax returns, as well as an I-864 for himself. So in total, we had two I-864 forms (one for myself and my father) and six tax return forms (3 past years for myself, and 3 past years for my father).

 

2. My father provided current pay stubs from his employer, as well as a letter outlining his current work and financial situation. This was notarized. For myself, I didn't have a job waiting for me in America, but I did have several potential jobs lined up. I used my monster.com account to find leads in the KC area, and submitted my correspondence with several potential employers, requesting an interview, to the consulate officer.

 

3. I'm surprised they took her former passport. We simply showed them the OF-169 in Chinese (where it states to bring invalidated passports with them) and they clipped the corner off of it and handed it back to her. They also put a memo post in her new passport tying the information in both passports together. This was important for us as my wife had thee previous visits to America on a B-2 visa.

 

4. Nope, as already covered by Dan, and in other posts, you cannot attend the interview with her. You can however, attend ACH and utilize services at ACS

 

http://candleforlove.com/forums/index.php?showtopic=34115

 

http://guangzhou.usembassy-china.org.cn/service.html

 

Some people want to go to ACH to "document" that they are present at the time of her interview. I don't understand this; Guangzhou doesn't like this either:

 

http://candleforlove.com/forums/index.php?...st&p=355803

 

If you go to ACH, I'd go to address more meatier reasons to the VO (concerns about the case - red flags, etc). If you're simply wanting to document your attendance, give your spouse your passport at the time of her interview.

 

5. My wife spent all day at her medical screening because it was done in two parts at two different locations. The medical screening was done at one hospital, while her vaccinations (which are required prior to interview for immigration visas) were done at another hospital. The first hospital hadn't yet received their certification from the consulate to give the shots, so they provided at taxi service to those needing vaccinations to another hospital that was allowed by the consulate. It did take around 6 hours total.

 

Take a look at this:

 

http://photos.state.gov/libraries/guangzho...%20Apr%2010.pdf

 

You or your wife can call ahead to ask clarifying questions if needed.

[dnoblett]

I will follow up Kyle on this one,

 

You are DCF, you have lived in China with your spouse for some time, so visiting consulate to show being in China is a not even necessary, the question of coming to china to "support" in not an issue in your case.

 

Again ACH is for asking questions about valid concerns.

[AaronTMartin]

Thanks a lot for your help and advice, Kyle and Dan.

 

Man, thanks especially to point number 1 in your reply, Kyle...I would have overlooked that completely! I'll be filling out my own I-864 tomorrow.

 

Regarding my presence on the big day, I'll just wait outside the Consulate. Thanks again for the links and tips, gents.

 

As to Xuemei's former passport, I'm hoping it won't be an issue. Her current US B1/B2 visa is in her current passport; the old may have had an exit/entry stamp from Hong Kong, and that's all. I mention this because Kyle said that his wife's passports were linked via a memo. My wife is 95% sure that they took her old passport in Yichang when she got her new one, but there is the slightest possibility that she may have misplaced the old one. Either way, I'm keeping my fingers crossed that it doesn't become a problem.

 

Dan and Randy, thanks for the tips on taxes. Technically not having to send these off in the mail (at least not immediately) gives me a little breathing room. Dan, one or two of your links seemed to be incorrect, but I'll PM you if I cannot find them on my own.

 

I feel a bit apprehensive about the interview happening so soon, and a small part of me would like to postpone it, if I could know that it would only be pushed back a couple of weeks at the most. Though we've got pretty much everything ready, I don't feel as though I'm presenting what I've seen referred to as a "slam dunk" case. I'm still curious to know if anyone out there has postponed an interview.

 

Again, thanks so much for all the help, everyone!

 

All the best,

Aaron

[dnoblett]

On the IRS Site, just type Forms and the year you are looking for, their search function will get you there.

[djwalker60]

Hi All,

 

I am currently working on my wife Xuemei's IR-1 visa application, and we received Packet 3 a week ago. I have a couple of questions that I hope someone can help me with, as it seems the deeper I dig into forums and websites looking for answers, the more confused I feel.

1. My wife signs DS-230 Part I as the applicant, correct? I'm pretty sure, but I just want to confirm.
   
2. Here's the big one. Xuemei lived in a total four places after turning 16: her hometown of Enshi (¶÷Ê©) for three years, Yichang (Ò˲ý) for six, Ningbo (Äþ²¨) for two, and now Guangzhou for nearly four years. I/we find the wording of the "Police Certificate" section on OF-169 (in both the Chinese and English sections) pretty vague. Do we need a certificate from each of those aforementioned places? I fear that we do (we're on a pretty tight schedule and are hoping for a "relatively" speedy process, if that's possible). Could someone point me to some straight talk on this issue?
   
3. On form OF-169, should we tick the police certificate record box even though we don't have it ready yet? We're going to Hubei in two weeks, during which time we'll get it done in both Enshi and Yichang. (And if turns out that we need one from Zhejiang, then it looks like we'll have to go to Ningbo, as well). Basically, we want to cut down on any unnecessary wait time where ever possible, but I don't want to lie on any government forms, as that is essentially what we'd be doing if we checked that particular box.
   
4. Is the $400 + $45 fee in addition to the $355 I already paid when filing the I-130?
   
5. My final question, and perhaps the most difficult to answer, is this: does having a co-sponsor (my parents, in this case) who fills out the I-864 eliminate the whole problem of domicile, or just lessen the importance? We are planning on staying at my parents' residence for about a month or two before moving on to another city to live and work (my wife has a job offer already). The main reason I ask is because I have not filed US taxes since 2005 (I've been living and working in China since 2004). I'm hoping that that doesn't come back to haunt me; maybe I should consider back-filing?
   

Okay, I realize that that's a long post and list of questions. I hope someone can help shed some light on these issues, because we really want to mail this thing off and get an interview date.

 

Many thanks in advance.

 

All the best,

Aaron

 

1. Yes, your wife is the applicant.

 

2. You will not be able to get a police report from any other source than her hukou. This one police report covers ALL OF CHINA, so don't worry. This is all you need.

My wife lived in Shenzhen, Guangzhou and other places. She only got the police report from her hukou in Nanning.

 

3. I would check that you have the police report. As long as you know you will have it by the interview.

 

4. The $355 is the filing fee for the I-130. The $400 + 45 is the fee for the DS-230 and visa.

 

5. There are others her who know a little more about taxes and domicile. We have had a few come back from living in China. I am sure they can enlighten you on what is necessary.

 

 

My Wife DID get a different police report from the time she lived in Nanning and from the time she lived in Guangzhou. We had to go to Nanning and get that report, then she went to and got a Police Report from Guangzhou.. We passed the Interview.. So.....

 

Dan

[AaronTMartin]

Thanks again for the input, folks!

 

Quick question on the I-864...

 

In preparation for filling out my own affidavit of support form, I was looking through the I-864 that my mother completed. In Part 1, she checked box 'a', which says that she is the petitioner. I'm thinking that she should have checked box 'd', which states "I am the only joint sponsor." Can anyone confirm this?

 

If this is the case, how should I correct the mistake? I could either type up the information on the first page (this however would contrast from the other pages, which were hand-written), or strike through her choice of box 'a', check box 'd' and then forge her initials (not too keen on that option!). Or, I could simply download a new copy and then fill out the first page by hand, seeing as there is no signature on that particular page. What do you think?

 

Many thanks in advance for the advice!

 

Best,

Aaron

[dnoblett]

Thanks again for the input, folks!

 

Quick question on the I-864...

 

In preparation for filling out my own affidavit of support form, I was looking through the I-864 that my mother completed. In Part 1, she checked box 'a', which says that she is the petitioner. I'm thinking that she should have checked box 'd', which states "I am the only joint sponsor." Can anyone confirm this?

 

If this is the case, how should I correct the mistake? I could either type up the information on the first page (this however would contrast from the other pages, which were hand-written), or strike through her choice of box 'a', check box 'd' and then forge her initials (not too keen on that option!). Or, I could simply download a new copy and then fill out the first page by hand, seeing as there is no signature on that particular page. What do you think?

 

Many thanks in advance for the advice!

 

Best,

Aaron

Mother is Joint Sponsor and checks 'd' , and you check 'a' on yours.

 

I would simply white out the incorrect check box on your mom's and check 'd' for her.

 

Or do as you said fill out page 1 to correct. Your mother's intent is to joint sponsor, so this if fine.

 

Only issue I would have is in China paper is A4, and US is 8.5x11" so the consulate may question why one page is on different paper that the other. Using the white out will look like she made a mistake and corrected.

[AaronTMartin]

Thanks, Dan. Good point on the variation in paper size.

 

But doesn't any sort of change on a legal document (be it white-out or a strike-through) require initials and/or date? Maybe I'm incorrect in my understanding.

 

Thanks again for the input, folks!

 

Quick question on the I-864...

 

In preparation for filling out my own affidavit of support form, I was looking through the I-864 that my mother completed. In Part 1, she checked box 'a', which says that she is the petitioner. I'm thinking that she should have checked box 'd', which states "I am the only joint sponsor." Can anyone confirm this?

 

If this is the case, how should I correct the mistake? I could either type up the information on the first page (this however would contrast from the other pages, which were hand-written), or strike through her choice of box 'a', check box 'd' and then forge her initials (not too keen on that option!). Or, I could simply download a new copy and then fill out the first page by hand, seeing as there is no signature on that particular page. What do you think?

 

Many thanks in advance for the advice!

 

Best,

Aaron

Mother is Joint Sponsor and checks 'd' , and you check 'a' on yours.

 

I would simply white out the incorrect check box on your mom's and check 'd' for her.

 

Or do as you said fill out page 1 to correct. Your mother's intent is to joint sponsor, so this if fine.

 

Only issue I would have is in China paper is A4, and US is 8.5x11" so the consulate may question why one page is on different paper that the other. Using the white out will look like she made a mistake and corrected.