Police Certificates and Domicile

[computerguy]

I want to ask first of all I posted a previous topic on something else and it disappeared and vanished. Apparently deleted. Though I'm not sure why...is it possible a server problem and if a moderator did delete it, do they usually send a message why?

Looking ahead at police certificates me and my wife are at a disagreement on weather she needs one for when she lived in University. She tells me that Chinese websites say they you only need one from your principal home area. Im just a little concerned since or we put both her university residency and her home on previous applications and I would suspect they want a police certificate from both since it says from each locality. Does anyone have anyone have any experience with this issue? She also notes that all the police are connected in China anyways. (Though I'm not sure if that's true).

Secondly a question about domicile. I just realized with my Support Affidavit i need to provide domicile. I got confused because before I thought that evidence was introduced somewhere else. How much evidence do they really want for this? will my join sponsor support affidavit and a copy of my bank record online from a us bank be enough? I dont have a job yet so I dont have anything like that to give. Some people noted online letters from parents on intent to live, but is that necessary if I am already getting them to sign a support affidavit? I dont own anything major in USA, except for a car, but that might actually be under my dad's name not mine.

[dnoblett]

Not deleted, moved to the consulate process P3 -- Interview forum...

 

http://candleforlove...-p-3-interview/

 

As for police cert, wife is correct, only one needed for China it is a natonal cert, "places lived" means countries, if she went to college in a different country like Japan, then will need one from Japan.

 

You having manintained a US domicile is a requirement, proving domicile will require a few things.

 

• Mail to a US address in your name, can be parents home.
• Valid US Drivers License (Perhaps Renewed while out of country)
• Voter registration
• US bank account with activity while out of the country
• Bills mailed to a US address, like parent's home.
• Other evidence of residence
• Job offer from a US based Employer
• Working for a US Based employer, which will continue when transferred back to the states.

 

http://candleforlove...-for-a-student/

Edited July 6, 2011 by dnoblett (see edit history)

[dnoblett]

One more note about finding your past posts on the forum.

 

• The post you mentioned above was active in the past 24 hours so is still on the active posts page. Link at bottom of forums list page says "Today's Active Content" This will bring up a page showing all topics in all forums that had activity in past 24 hours which you can increase to 1 week or more.
• OR Click your name in the upper right and select "My Content" in the pull down menu.

[computerguy]

You say a 'few' things. I have an account for Bank of America, and I have a card for it, and I can print a bank statement online. And a valid us drivers licenses (but I have not renewed it, and it expires next year). Doubtful of US Mail but I will ask my parents for it, just in case. I've also been paying a student loan back in America,its a loan that I have to pay so I dont know if it could count...but it at least shows I have incentive to go back to USA to pay it off faster.

 

Can I just get away with the bank account?

Edited July 6, 2011 by computerguy (see edit history)

[dnoblett]

You say a 'few' things. I have an account for Bank of America, and I have a card for it, and I can print a bank statement online. And a valid us drivers licenses (but I have not renewed it, and it expires next year). Doubtful of US Mail but I will ask my parents for it, just in case. I've also been paying a student loan back in America,its a loan that I have to pay so I dont know if it could count...but it at least shows I have incentive to go back to USA to pay it off faster.

 

Can I just get away with the bank account?

US Based Student loan shows connection to the states, and living abroad may have been for educational reasons which is considered temporary.

 

Did you attend college overseas to learn something like Chinese? If holding some sort of student visa this will help.

 

More:

How can a petitioner establish a domicile?

 

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence.

 

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

 

http://travel.state..../info_3183.html

 

Some doing DCF return to the USA shortly after filing the I-130 petition, and do things like secure a job, secure a home or an apartment etc.

 

If planning on living with parents, then perhaps have them write up a letter stating that you will live with them, and that their home has been and is still your residence in the states, they may get it notarized..

[computerguy]

You say a 'few' things. I have an account for Bank of America, and I have a card for it, and I can print a bank statement online. And a valid us drivers licenses (but I have not renewed it, and it expires next year). Doubtful of US Mail but I will ask my parents for it, just in case. I've also been paying a student loan back in America,its a loan that I have to pay so I dont know if it could count...but it at least shows I have incentive to go back to USA to pay it off faster.

 

Can I just get away with the bank account?

US Based Student loan shows connection to the states, and living abroad may have been for educational reasons which is considered temporary.

 

Did you attend college overseas to learn something like Chinese? If holding some sort of student visa this will help.

 

More:

How can a petitioner establish a domicile?

 

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence.

 

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

 

http://travel.state..../info_3183.html

 

Some doing DCF return to the USA shortly after filing the I-130 petition, and do things like secure a job, secure a home or an apartment etc.

 

If planning on living with parents, then perhaps have them write up a letter stating that you will live with them, and that their home has been and is still your residence in the states, they may get it notarized..

 

I see no im on a work visa, teaching english in China. i just graduated last year.

[dnoblett]

I see no im on a work visa, teaching english in China. i just graduated last year.

Okay, as said above, will need to satisfy you are in process of re-establishing domicile, living abroad on a work visa and is not working for a US based company or the US government looks like relinquished US domicile.

 

Another article:

In a Memorandum dated March 10,1998, the U.S. Department of State addressed the issue of how to interpret domicile in the context of the I-864 Affidavit of Support.

 

Domicile means the place where a sponsor has a residence, with the intention to maintain that domicile for the foreseeable future. It is residence as the principal, actual dwelling place. The petitioner must be domiciled in the U.S. or its territories in order to qualify as a sponsor. If the petitioner is not domiciled in the U.S., a joint sponsorship cannot be accepted and the applicant will be refused the immigrant visa.

 

Certain types of employment abroad (e.g., with the U.S. Government or a U.S. company engaged in trade with the U.S. or as a priest or missionary) may be deemed by regulation to be domiciled in the U.S. for I-864 purposes.

 

Except in cases as set forth above, a petitioner who has had his or her principal dwelling place overseas for an extended and open-ended period of time cannot normally claim U.S. domicile. Such a person will generally have to reestablish domicile in the U.S. The consular officer will use various indices of residence such as the address used for tax purposes, place of employment, etc. to determine the principal place of abode.

 

Certain petitioners who may have been overseas for extended periods of time who can continue to maintain domicile in the U.S. This includes students, contract workers, NGO volunteers and others normally considered to be taking up a temporary position. The key findings that must be made are that the sponsor departed the U.S. for a limited and not indefinite period of time, intended to maintain a U.S. domicile and in fact can present evidence of continued ties to the U.S. and in such cases the consular officer can assume that domicile has been maintained.

 

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

 

As I said above, it may require you to travel to the USA before visa interview and doing things to show in process of reestablishing domicile, note you do not need to be in China when spouse interviews for visa.

[Beachey]

I think you just have to show an intent to establish domicle and not an actual domicile. Kyle has some good info about this.

 

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

 

http://www.state.gov...ation/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.

 

 

If I remember right, for #4, Kyle just applied for a bunch of jobs on Monster.com. They don't need to be jobs you want or would even consider taking. Just a job that would pay enough to cover the minimum poverty level (~$20k) and you are reasonably qualified for.

 

And for the police ceritificate, what I was told is what Dan said, unless your wife has lived outside Mailalnd China, one police certificate from the location of her Hokou is all that is required.

 

 

 

[Kyle]

I think you just have to show an intent to establish domicle and not an actual domicile. Kyle has some good info about this.

 

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

 

http://www.state.gov...ation/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.

 

 

If I remember right, for #4, Kyle just applied for a bunch of jobs on Monster.com. They don't need to be jobs you want or would even consider taking. Just a job that would pay enough to cover the minimum poverty level (~$20k) and you are reasonably qualified for.

 

And for the police ceritificate, what I was told is what Dan said, unless your wife has lived outside Mailalnd China, one police certificate from the location of her Hokou is all that is required.

 

Yeah, I had a few leads. They weren't serious leads but I wouldn't go as far to say that I wouldn't of considered them if the price was right; nothing panned out. That being said, the act of actually securing interviews and exchanging email correspondence w/ potential employers seemed to prove helpful.

 

I actually had the following:

 

3 – My Resume (which is posted on Monster.com)

3 – Three Letters from potential employers (for me) requesting interview

3 – Pictures of our apartment where we’re staying in America

8 – Vanguard Retirement Account – Wife primary beneficiary

8 – Statement of Checking Acct – One per year 2007-09 Wife joint-owner

8 – Sharebuilder Investment Acct

8 – Capital One credit card statement – One month

 

http://candleforlove.com/forums/index.php?/topic/39544-off-to-see-the-wizard-of-guz/page__view__findpost__p__536147

Edited July 7, 2011 by Kyle (see edit history)

[computerguy]

I see. I think I'm going to try to put this together:

 

1. Print out of some of my bank statements online, including the address.

2. Print out of a transfer of some dollars to my bank account (I'll do this closer to the date)

3. A letter from parents saying I will live with them. (My parents said they will notarize it at a bank)

4. A copy of my resume.

5. An email to some temp agencies I know near my area that can help me get a job. I'll just send them an email with my resume telling them I expect to be going back to the states soon and ask them for my help. I'll copy the emails to show the consulate.

6. I'll also put my resume on monster (though I don't know if anything will come of it)

7. Copy of driver's licenses (or show him the real one if he needs it). (I'm not sure if this will help me, but why not I guess?)

 

-Also I won't be signing a new contract with my current apartment and will just live with my wife's family until we leave. It does mention relinquishing your residency abroad, I would think this fits. But I don't know how to say that in there.

 

-Would also adding a letter written by myself explaining our future plan in USA help?

[Richard1951]

One police certificate from their permanent residence is sufficient as noted straight from the Guangzhou Consulate:

 

For Chinese applicant, s/he just needs to obtain a notarized police certificate indicating the coverage is the whole china. There is no need to seek one specifically mentions detailed city, county, or province.

 

Sincerely,

 

Immigrant Visa Unit

U.S. Consulate General Guangzhou

1 Shamian South Street

Guangzhou, Guangdong 510133

PRC

[computerguy]

Guys, On my I-864 I put my Domicile as China. Is this Correct to do, since I will prove I plan to re-establish Domicile in USA? Also I put my address down (the one from America for my mailing address).

 

I believe I read something somewhere else about this once...so I'm pretty sure putting down China is correct, but want to double check.

[dnoblett]

Guys, On my I-864 I put my Domicile as China. Is this Correct to do, since I will prove I plan to re-establish Domicile in USA? Also I put my address down (the one from America for my mailing address).

 

I believe I read something somewhere else about this once...so I'm pretty sure putting down China is correct, but want to double check.

I would be using the intended US Domicile, showing that living overseas was of a temporary nature.

 

#12 Intending residence in the USA

 

#13 Can be your residence overseas..

 

#15 " United States "

[Kyle]

I put China on my I-864 and had no problems doing this. I'm sure there will be some who may type in all caps telling you that this is wrong though.

[computerguy]

Guys, On my I-864 I put my Domicile as China. Is this Correct to do, since I will prove I plan to re-establish Domicile in USA? Also I put my address down (the one from America for my mailing address).

 

I believe I read something somewhere else about this once...so I'm pretty sure putting down China is correct, but want to double check.

I would be using the intended US Domicile, showing that living overseas was of a temporary nature.

 

#12 Intending residence in the USA

 

#13 Can be your residence overseas..

 

#15 " United States "

 

intended USA domicile, is the same as re-establish right? previously in this thread you mentioned since I am working in China and not a usa based employer it looks like I have relinquished my domicile.