DCF vs Student Visa

[babyeggplant]

I am currently living in China and married to Chinese spouse. He has applied and been accepted to a graduate program in the US starting fall 2014. Ideally, we would like to stay in the US after he finishes his studies, but current circumstances look like it will be more likely that we return to China after he graduates. Originally, we planned to have him just apply for a student visa but after doing some research, it seems like us already being married might hurt his chances of being granted the student visa since it may be difficult to prove his intent to return to China.

 

What we could provide to support his intent to return to China are his name on apartment deed and letter from employer stating that his job will be held. It's also difficult to find a job in the US with the program he is entering. The other thing is that his mom has recently passed away and he is an only child (Dad is still living) . Based on this information, does anyone have any thoughts on how difficult it may be for him to get the student visa?

 

Recently I've been researching DCF and am questioning if it might be the "safer" way to go. My biggest concern right now is being able to provide the tax return info of our would be co-sponsor.

 

1. Am I right in that the first time tax return will be asked for is at the interview date? Our co-sponsor normally files their taxes in October.

 

2. If interview (or whenever the forms are needed) is after april 15, is it certain that the current year's tax return will be needed? I think this might be the most difficult document for me to get.

 

Thanks in advance for any comments or advice!

[Randy W]

It seems to me that you've got your bases covered for the student visa, as long as the graduate school will issue the I-20. Why not delay the wedding until after the visa is issued, or even until you are back in the States?

 

If you want to get married now, then yes, 2013 tax returns may be required for the DCF interview

[babyeggplant]

Thanks for the response, Randy. To clarify, we are already married. That is why I'm concerned about him getting denied for the student visa.

Edited January 1, 2014 by babyeggplant (see edit history)

[Randy W]

Thanks for the response, Randy. To clarify, we are already married. That is why I'm concerned about him getting denied for the student visa.

 

Oh - I missed that somehow - sorry about that.

 

It still seems to me that your husband qualifies for the student visa, but it's hard to say what your best strategy is. Of course, you are definitely eligible for the IR-1 visa, but the student visa might be a simpler way to go unless it might result in a denial. Perhaps a consultation with a good immigrations lawyer who can look over all the particulars of your case would be in order. We usually recommend Marc Ellis for that purpose - http://www.marcellislaw.com/

[babyeggplant]

After doing further research, we're now leaning towards going the DCF route. Still have a couple of concerns.

 

1. Am I right in that the first time the completed i-864 form/tax returns will be needed is at the interview? From what I've read, they are enclosed with the P-3 information but not submitted until the interview date.

 

2. If approved to schedule an interview, what is the window for how early or late we must schedule the interview? If we will have difficulty getting together the required documents for interview (I'm most worried about my co-sponsor's tax info), are we able to schedule the interview for a later time? For example, if we are given the go ahead to schedule an interview, would it be possible to schedule it for 2 months later, or will we need to schedule it within a certain number of weeks?

 

3. What is the longest someone has had to wait to schedule an interview due to availability? My husband should be starting school In August, so I'm hoping to schedule the interview on a date that allows us enough time to get everything ready, but will also hopefully not delay him being able to start school in the US.

[Randy W]

After doing further research, we're now leaning towards going the DCF route. Still have a couple of concerns.

 

1. Am I right in that the first time the completed i-864 form/tax returns will be needed is at the interview? From what I've read, they are enclosed with the P-3 information but not submitted until the interview date.

 

2. If approved to schedule an interview, what is the window for how early or late we must schedule the interview? If we will have difficulty getting together the required documents for interview (I'm most worried about my co-sponsor's tax info), are we able to schedule the interview for a later time? For example, if we are given the go ahead to schedule an interview, would it be possible to schedule it for 2 months later, or will we need to schedule it within a certain number of weeks?

 

3. What is the longest someone has had to wait to schedule an interview due to availability? My husband should be starting school In August, so I'm hoping to schedule the interview on a date that allows us enough time to get everything ready, but will also hopefully not delay him being able to start school in the US.

 

 

You should submit COPIES of the I-864 with the P-3 materials. The ORIGINAL, SIGNED piece of paper will be needed to be turned in at the interview.

 

Available interview dates are posted on the CGI web site as they are made available by the consulate. Unfortunately, this sometimes won't really give you enough flexibility, due to glitches and demand (CGI was recently canned as the provider for the ACA healthcare.gov web site), You may wish to begin monitoring the web site for availability early on, and begin actually trying to schedule your own date around two months in advance.

 

Your file is good for one year - after that time, it will be discarded. You shouldn't run into any problems with your August deadline.

Edited January 12, 2014 by Randy W (see edit history)