Need some feedback after living 1 year in China

[Guest Alberto]

Hello,

 

 

I will like to share our story with the hope that some of you who have already started the VISA process can share some information with me about the do's and do not's.

 

I married my wife on November 15, 2010 in the city of Nanjing. In order to waste no time with our bows, we both decide it to show our true commitment to each other, we both left our previous employers and move to Zhenjiang her home town in order to start our lives as husband and and wife. She resign from an American firm doing operations in Xiamen, and I left a government agency back in San Diego. On January 19, we both moved to Zhenjiang and we have been living here with her daughter and the rest of her family. As a way of making some income, I supported my wife in teaching English to elementary students and doing volunteer work with handicapped children.

 

 

Now, I am preparing to return back to San Diego in order to start the process of Visa entries for my wife and daughter. At the beginning, we had no intentions to start the VISA process immediately, but our daughter has show an interest in attending CALTECH University in California and for this reason, we are now concern about the procedure and all the technicalities that this bureaucracy imposes on many of us. My wife is very fluent in English and she was able to dig up some information that it appears that is not good news. It has to do with my income for 2011. I did not earn any income back in the states in the traditional way of wages paid by an employer.

 

We like to know if anyone in this audience has had similar issues such as ours and what steps do we need to take. We are all familiar with the different forms that I must start as soon as possible upon my return, but we like to know your inside information since many of you have already started the process successfully.

 

We do appreciate all your feedback and we look forward in perhaps some day, returning the favor.

 

 

Sincerely,

 

 

Al

jamrico07@msn.com

[Randy W]

As far as you daughter getting into Caltech, she should go ahead and apply. If she is accepted, they will issue an I-20 form which will allow her to apply for (and most likely get) a student visa.

 

On the other hand, if she hasn't finished high school yet and plans to move to the U.S. before graduating, well, her first concern will be immigrating to the U.S. with her mother.

[Guest Alberto]

Hello Randy,

 

Thank you so much for your input. I can only hope that all is well with you and your love ones.

 

I do really appreciate your feedback it really means so very much to my wife and I.

 

Thanks,

 

Al

[dnoblett]

You say have been living there for a while. Do you have a residency permit? If you have a permit, you can file the petition at the USCIS office in China, saving months of processing time.

 

As for conserns.

 

English fluency can help, one consern is how you communicate, my wife understood English and was teaching English, she did interview in English.

 

Support comes up at interview, if you lack sufficient income after arrival to the USA, then get a joint sponsor in the states.

 

Also, was your marriage before or after step child's 18th birthday?

[Guest Alberto]

^{Hello Dan,}

 

^{Thank you for your message, our daughter is now 15 and still has 1.5 years remaining in High School. I only have a tourist VISA to stay here and was able to get some extensions which allow me to stay here for 1 year. To answer your question, I do not have a residency permit. I am not worry about the income to be genmerated upon my return on early February, but my concern is my tax filing for 2011. I do not show any income generated in the states, since I lived in China for 98% of the year.}

 

^{I do thank you so much for all your help.}

 

^{God bless you and your family.}

 

^{We keep in touch.}

 

^Sincerely,

 

^Al

[Randy W]

^{Hello Dan,}

 

^{Thank you for your message, our daughter is now 15 and still has 1.5 years remaining in High School. I only have a tourist VISA to stay here and was able to get some extensions which allow me to stay here for 1 year. To answer your question, I do not have a residency permit. I am not worry about the income to be genmerated upon my return on early February, but my concern is my tax filing for 2011. I do not show any income generated in the states, since I lived in China for 98% of the year.}

 

^{I do thank you so much for all your help.}

 

^{God bless you and your family.}

 

^{We keep in touch.}

 

^Sincerely,

 

^Al

 

As a U.S. citizen or LPR, you are taxed on your worldwide income. That is, your income in China is supposed to be reported, unless you are below the filing minimum of around $19,000 for a married couple. If you are ABOVE that amount, your Chinese income must be reported, but may be EXCLUDED by filing form 2555

 

This is probably not relevant to your situation, except that income is income - whether earned in China or the U.S.

Edited January 26, 2012 by Randy W (see edit history)

[Beachey]

 

 

I married my wife on November 15, 2010 in the city of Nanjing.

 

If you are not already aware, your will want to delay your wife's entry into the US until after 11/15/2012 which will trigger the issuance of the 10 year green card versus a 2 year conditional. If you are just filing now, you likely will not get approval much before then anyway.

[warpedbored]

Since you have been living in China for so long your chances are good for being able to file DCF, the fastest possible visa. Once issued she will have six months to use it.so you should be able to delay entry until you've been married for 2 years. Unless your current income is more than 125% of the federal poverty guidelines for a family of you are going to need a co-sponsor. Also make sure you meet the domicile requirements. If you can't get a co-sponsor you need to come back to the US before filing and secure employment before filing.Good luck.

[Guest Alberto]

^{Hello Dan,}

 

^{Thank you for your message, our daughter is now 15 and still has 1.5 years remaining in High School. I only have a tourist VISA to stay here and was able to get some extensions which allow me to stay here for 1 year. To answer your question, I do not have a residency permit. I am not worry about the income to be genmerated upon my return on early February, but my concern is my tax filing for 2011. I do not show any income generated in the states, since I lived in China for 98% of the year.}

 

^{I do thank you so much for all your help.}

 

^{God bless you and your family.}

 

^{We keep in touch.}

 

^Sincerely,

 

^Al

 

As a U.S. citizen or LPR, you are taxed on your worldwide income. That is, your income in China is supposed to be reported, unless you are below the filing minimum of around $19,000 for a married couple. If you are ABOVE that amount, your Chinese income must be reported, but may be EXCLUDED by filing form 2555

 

This is probably not relevant to your situation, except that income is income - whether earned in China or the U.S.

 

Hello,

 

I will like to thank you for your message. In regards to the income that was generated, it is income from freelance work that my wife and I did together in the form of teaching from home. What is LPR?

 

I thank you for your feeback.

 

God bless,

 

Al

[Randy W]

 

As a U.S. citizen or LPR, you are taxed on your worldwide income. That is, your income in China is supposed to be reported, unless you are below the filing minimum of around $19,000 for a married couple. If you are ABOVE that amount, your Chinese income must be reported, but may be EXCLUDED by filing form 2555

 

This is probably not relevant to your situation, except that income is income - whether earned in China or the U.S.

 

Hello,

 

I will like to thank you for your message. In regards to the income that was generated, it is income from freelance work that my wife and I did together in the form of teaching from home. What is LPR?

 

I thank you for your feeback.

 

God bless,

 

Al

 

LPR is Legal Permanent Resident - someone with a green card. Under the tax laws of the United States, both citizens and LPR's are supposed to report their income from ANY source worldwide, if over the filing minimum.

 

Just a distinction that you MAY need to be aware of - maybe not.

 

Good luck to you.

[Mick]

We were in a similar situation as you, albeit a long time ago (we filed paperwork in 2001 and moved back to the States in March, 2003). At that time, things were much different but a few things are still the same. The income requirements were an issue for us as I had been living and working in China five years and had no US income for three years prior to filing the paperwork. I owned property which brought my assets to a level above what was initially requires, along with savings. Still, not taking any chances, I obtained a co-sponsor and we sailed through without an issue as far as income was concerned. Our problems came from being stuck in the Black Hole limbo that gave birth to this website, but that is another story.

 

I suspect your income level for that year you have been in China is below the level requireed for reporting ( (I think Randy said it was around $19,000). It may be wise to consider getting a co-sponsor if your income doesn't meet the standards. Back when we filed we had to submit the last three years tax returns. I did not have them as I was far below the reporting requirement. I wrote a letter explaining this and sent in the returns from my joint sponsor. As I said, we had no problems from a financial standpoint. Things may be different now and folks like Randy W. and dnoblitt, along with warpedbored, are more up to speed on the current regs. Hope you have much success in the visa process.