beginning CR-1 application

[Rizzo]

Hello Candle Community!

 

I came across this site a while ago, and already it's helped to clear up a lot, with the links & advice given by posters. So firstly, thanks to everyone who's given their time to keep this website going.

 

I married my Chinese wife a few weeks ago, and we plan to move to the States next spring. We're about to begin the application process for her, and there are a few things that concern me. I'd appreciate any advice you all can give.

 

My biggest worry right now is the I864, the Affidavit of Support, particularly the domicile issue. I plan to ask my dad to co-sponsor, since my income won't be sufficient, but I understand that I still require a domicile to be the primary sponsor. I've lived in China for four years now, and my US driver license has expired. I've read on a couple of sites that the petitioner may show the USCIS officer that steps have been (or will be) taken to re-establish a domicile--such as looking for a job, apartment searching--, then they may still qualify. Can anyone confirm (or elaborate on) that? Has anyone had experience filing I-864 this way? What would I need to prove I've taken those steps?

 

We plan to go first to my parents' house for a couple months, then to meet up with a friend of mine & get an apartment together. If I show that my friend and I are looking for an apartment (and that I'll look for a job as well), is that helpful? Will my expired driver license be a problem?

 

Alternately, I'd considered applying instead for a K3 first, thinking we could move to the States first & get a place to live (which I would use for the I-864), then apply for a change of status. But then I read that she will still need an affidavit of support, even for a K3 visa. Is that right? Or would this be an easier process for my situation?

 

I hope I've made clear my position & what I'm trying to do. Let me know if there are other pieces I haven't considered here.

 

As a side question (if this isn't too much for one thread), in putting together the I-130 packet, I was wondering what to include as evidence of our relationship. We've not been married long, so we don't have any shared property, and have never co-leased an apartment (not allowed in China unless you're married)--though we've lived together for nearly three years, we just don't have any documentation to prove it. I'm staying with her at her parents' apartment now, and have the police registration to prove that. I also have several pictures of me with her family I plan to include, some from the "Gan Xie Yan" dinner reception after we were married, and a few from trips we've taken together. We didn't have a ceremony. Most of the pictures are from before we were married, but show an ongoing relationship over several years (I plan to label & date each picture). We also have a letter from a private school explaining, in English, that we taught a children's class together (also before we were married). Are these relevant? Any suggestions?

 

Thanks in advance for your advice. I'll be sure to post the results, in case it'll be useful to others.

**

R~

[dnoblett]

Firstly, welcome to CFL, yes you will find the site helpful.

 

First I will point out a couple threads to study.

• Do we qualify for DCF?
  
• Living in China and Confused. (The costs estimates have come down by about $100 since that thread was started.)
  
• How NVC now handles K-3 Petitions. (Note they close the petition and proceed on with CR-1 processing, essentially forget the K-3 it is NOT an option when filing overseas, and is also automatically closed if attempted in the USA because it's function "waiting for an I-130 approval" no longer exists.)
  
• Newbie info
  
• Cost Differences. (Shows current price estimates for fees.)
  
• Domicile:
  
  • http://candleforlove...prove-domicile/
    
  • http://candleforlove...of-of-domicile/
    
  • http://candleforlove...t-and-domicile/
    

In your situation the best petition process is to file the I-130 directly at the DHS window at one of the two locations in China (Guangzhou or Beijing) See "Living in China" thread, explains which consulate you do the filing at and that need to be there on a certain day and time, and that need to make an appointment.

 

I-864 and domicile comes into play at the time of visa interview, not when you file the I-130, start working on re-establishing now and should have enough to prove domicile by time of interview.

 

About Domicile:

• DL Expired, then don't use it, unless you travel ahead to the USA after filing the petition and renew it, as well as establish domicile.
  
• Mail to a US address (Parent's home)
  
• US Bank accounts (showing activity, also showing a US Address (Parent's home?))
  
• BIG ONE: Copies of IRS returns (You may be exempt from paying tax on foreign income below a set amount, but are not exempt from filing returns every year.)
  

Proof of marital relationship, they do understand that for a short marriage not a lot will exist. things you can provide.

• Pictures together at various places as times, including pictures with friends and family.
  
• Affidavits from friends attesting to relationship, see Newbie info.
  
• Police registration.
  

Ask more questions.

[Rizzo]

Thanks dnoblett. Exactly the kind of information I was looking for. A lot of it I was aware of already; the threads about the domicile were very helpful. I already feel a bit of relief. I know the 864 isn't needed right away, I'm just trying to get all my cards in order to make the game play smoother down the road. I'm going to ask my parents to send the tax returns when I need them. My student loans are sent to my parents house, do you think I could use that?

I'll ask more as I think of it.

[dnoblett]

Thanks dnoblett. Exactly the kind of information I was looking for. A lot of it I was aware of already; the threads about the domicile were very helpful. I already feel a bit of relief. I know the 864 isn't needed right away, I'm just trying to get all my cards in order to make the game play smoother down the road. I'm going to ask my parents to send the tax returns when I need them. My student loans are sent to my parents house, do you think I could use that?

I'll ask more as I think of it.

Yep, looks like parent's home can be your domicile. Which is what many do claim and is easily accepted by the consulate.

 

Yes use student loan bills sent to parent's home as one piece of evidence of domicile.