In P2 and P3 limbo

[mekluger]

It's been quite awhile since I've posted around here, thanks to all my questions having readily available answers. Hubby and I had our petition approved on January 23 after submitting it on January 14 in Guangzhou. We have since submitted the DS-260 (P2 packet, correct?) and received the email to schedule the interview.

 

First, it's my understanding that you don't receive the medical exam information until after you have scheduled the interview. Have any recent interviewees had issues getting expedited medical exam results or having the medical exam done the day before the interview? What about the fee?

 

Second, is the hukou, or household registration needed at the interview?

 

Third, my list of items to give the hubby to submit at the interview:

- DS-260 confirmation page

- my passport (does a copy suffice?)

- hubby's passport

- passport photos (how many?)

- notarial birth certificate

- white books (I thought they already collected this...do they want additional copies and/or the red books?)

- police certificate

- medical exam docs

- sponsor's I-864 form (that's me) and last three years (2011-2013) of tax returns (I filed back taxes as I didn't owe anything)

- joint sponsor's I-864 form including a copy of her birth certificate, tax transcripts, pay stubs (no W-2 as she just started her job in January), letter regarding her new employment

- a letter explaining my domicile (I am also including mail sent about student loans and my US bank account)

- originals of photos submitted in I-130 packet (the intake officer specifically told me to have my PDF of photos printed as actual photographs)

- additional photos from our wedding and "honeymoon" trip

 

Lastly, I'm concerned about the affidavit of financial support from the joint sponsor. My parents have sent everything via DHL. There are no W-2s (and I can't recall the reason why my mom declined to do so.) My mom just started a new job in January so she has included a letter stating her employment along with pay stubs. Most importantly, they haven't filed their 2013 taxes. Will the VO automatically make us wait for that information? My mom always files at the last possible minute, and we plan on scheduling an interview before the April 15th deadline. Any thoughts on this?

 

I am aware that the P3 packet will provide specific instructions about what is needed and the medical exam, but if there is anything else I may be overlooking, by all means say so.

 

I am really grateful for this forum because I would feel entirely overwhelmed without having some pros to receive sound advice from.

 

A very big thank you in advance,

Marissa in Xi'an

[dnoblett]

Actually submitting DS-260 is P3, and scheduling interview is P4

 

P1 - Filing I-130

P2 - I-130 approval

P3 - Consulate or NVC request for documents and DS-230

P4 - Interview scheduled.

 

In my wife's case we had to do medical the day before interview, and had to pay an expedite fee for same day service at the center in Guangzhou.

 

List is fine, US Citizen passport not needed at interview, many bring it in to the interview if the US Citizen is in Guangzhou, as a way to show that US Citizen is in China.

Joint sponsors I-864 is fine, if they are using transcripts, then they do not need to include returns (1040/W2/1099,etc...)

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-864Tax.jpg

[mekluger]

Actually submitting DS-260 is P3, and scheduling interview is P4

 

P1 - Filing I-130

P2 - I-130 approval

P3 - Consulate or NVC request for documents and DS-230

P4 - Interview scheduled.

 

In my wife's case we had to do medical the day before interview, and had to pay an expedite fee for same day service at the center in Guangzhou.

 

List is fine, US Citizen passport not needed at interview, many bring it in to the interview if the US Citizen is in Guangzhou, as a way to show that US Citizen is in China.

 

Joint sponsors I-864 is fine, if they are using transcripts, then they do not need to include returns (1040/W2/1099,etc...)

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-864Tax.jpg

Thanks for your immediate reply, Dan!

 

Your clarification is extremely helpful, as I didn't realize we were so far along in the process. If the hubby passes the interview, any ideas how long until the visa arrives and how long the visa is good for? I only ask because my contract ends in June and I can't foresee us being able to leave for the States any earlier than the beginning of July. Should I sit tight and wait a bit longer for the interview?

[dnoblett]

If interview goes well, and is should, it is very rare for them to deny a DCF filed visa petition, the question of relationship tends to not be an issue, if they approve, the visa can take anywhere from a couple days after interview to a quite a while if for some reason additional administrative processing is needed after interview. One cause of a delay is the CCP issue, for visa applicant joined the party for work reasons, additional processing is needed to waive this restriction, typically 4 months or so.

 

Visa tends to be valid 90 - 180 days or based on medical validity, if doing medical shortly before interview, then medical validity should not be an issue.

[mekluger]

If interview goes well, and is should, it is very rare for them to deny a DCF filed visa petition, the question of relationship tends to not be an issue, if they approve, the visa can take anywhere from a couple days after interview to a quite a while if for some reason additional administrative processing is needed after interview. One cause of a delay is the CCP issue, for visa applicant joined the party for work reasons, additional processing is needed to waive this restriction, typically 4 months or so.

 

Visa tends to be valid 90 - 180 days or based on medical validity, if doing medical shortly before interview, then medical validity should not be an issue.

Thanks Dan, we don't have any CCP issues that could complicate administrative processing so I think the interview should be cut and dry.

 

Is the Hukou or a copy of it needed?

 

What about my joint sponsor's 2013 tax returns not being included; I also don't have tax transcripts for those since the returns haven't been submitted. If we have the interview before the April 15th deadline, will they give us the slip, and make us wait for those?

[Randy W]

 

If interview goes well, and is should, it is very rare for them to deny a DCF filed visa petition, the question of relationship tends to not be an issue, if they approve, the visa can take anywhere from a couple days after interview to a quite a while if for some reason additional administrative processing is needed after interview. One cause of a delay is the CCP issue, for visa applicant joined the party for work reasons, additional processing is needed to waive this restriction, typically 4 months or so.

 

Visa tends to be valid 90 - 180 days or based on medical validity, if doing medical shortly before interview, then medical validity should not be an issue.

Thanks Dan, we don't have any CCP issues that could complicate administrative processing so I think the interview should be cut and dry.

 

Is the Hukou or a copy of it needed?

 

What about my joint sponsor's 2013 tax returns not being included; I also don't have tax transcripts for those since the returns haven't been submitted. If we have the interview before the April 15th deadline, will they give us the slip, and make us wait for those?

 

 

 

They can issue a blue slip for any reason whatsoever, but usually will NOT expect the current returns if the interview occurs before April 15, but WILL expect them if the interview occurs AFTER.

 

Tax returns and tax transcripts convey the EXACT SAME INFORMATION - do not worry about not having transcripts, as long as you have copies of all RETURNS in either format.

 

The hukou book itself would serve no purpose.

[mekluger]

 

 

If interview goes well, and is should, it is very rare for them to deny a DCF filed visa petition, the question of relationship tends to not be an issue, if they approve, the visa can take anywhere from a couple days after interview to a quite a while if for some reason additional administrative processing is needed after interview. One cause of a delay is the CCP issue, for visa applicant joined the party for work reasons, additional processing is needed to waive this restriction, typically 4 months or so.

 

Visa tends to be valid 90 - 180 days or based on medical validity, if doing medical shortly before interview, then medical validity should not be an issue.

Thanks Dan, we don't have any CCP issues that could complicate administrative processing so I think the interview should be cut and dry.

 

Is the Hukou or a copy of it needed?

 

What about my joint sponsor's 2013 tax returns not being included; I also don't have tax transcripts for those since the returns haven't been submitted. If we have the interview before the April 15th deadline, will they give us the slip, and make us wait for those?

 

 

 

They can issue a blue slip for any reason whatsoever, but usually will NOT expect the current returns if the interview occurs before April 15, but WILL expect them if the interview occurs AFTER.

 

Tax returns and tax transcripts convey the EXACT SAME INFORMATION - do not worry about not having transcripts, as long as you have copies of all RETURNS in either format.

 

The hukou book itself would serve no purpose.

 

Thanks for weighing in, Randy. For my I-864 I have my returns (2011-2013) and for my joint sponsor I have tax transcripts (2010-2012). Our interview is scheduled before the April 15th deadline so thank you for clarifying that particular information regarding my join sponsor's 2013 transcripts.

[mekluger]

The I-864 form is driving me nuts. I am uncertain how to fill mine out, as the sponsor, because I do not meet the required federal poverty guidelines (as in my income is far below the threshold). This is why I have a joint sponsor who does meet the requirements.

 

For part 6, am I expected to use my husband's income as he is a member of my household, per part 4? My taxes were filed as a single since we were only married in mid-September of this year. Will that be a red flag or in some way hurt us?

 

And as far as part 7 is concerned, regarding assets, I have an abysmally low sum in my checking account and don't have any other assets (home ownership, investments etc.). Am I obligated to fill this part out since my income does not exceed the Federal Poverty Guidelines: "If your income, or the total income for you and your household, from Part 6, line 10 exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part. Skip to Part 8."

[dnoblett]

Assets are only needed to be shown if you need to show that you could liquidate them to add to support, assets are worth only 1/3 income.

 

If your assets and income is not sufficient then use a joint sponsor and don't list the assets.

[mekluger]

Assets are only needed to be shown if you need to show that you could liquidate them to add to support, assets are worth only 1/3 income.

 

If your assets and income is not sufficient then use a joint sponsor and don't list the assets.

So essentially, I am right to somewhat assume I am filling out the form as a formality, since I am the petitioner and must be the sponsor, but since I don't meet the requirements, they will consider the joint sponsor for financial support?

[Randy W]

The I-864 form is driving me nuts. I am uncertain how to fill mine out, as the sponsor, because I do not meet the required federal poverty guidelines (as in my income is far below the threshold). This is why I have a joint sponsor who does meet the requirements.

 

For part 6, am I expected to use my husband's income as he is a member of my household, per part 4? My taxes were filed as a single since we were only married in mid-September of this year. Will that be a red flag or in some way hurt us?

 

And as far as part 7 is concerned, regarding assets, I have an abysmally low sum in my checking account and don't have any other assets (home ownership, investments etc.). Am I obligated to fill this part out since my income does not exceed the Federal Poverty Guidelines: "If your income, or the total income for you and your household, from Part 6, line 10 exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part. Skip to Part 8."

 

 

Filing singly when you are married can be a big red flag, if you were married on or before Dec. 31 of LAST year (2013). Your marital status for the ENTIRE YEAR is determined on Dec. 31 by IRS guidelines. You can file NOW as married filing separately and then later file an amended return once you have an SS number to get a refund of the overpaid taxes. If you would rather file NOW as married filing jointly, you will need to file a W-7 with the return for an ITIN for your spouse.

 

But, yes - I would teat the I-864 as just a formality since you are relying on the income of a joint sponsor.

[mekluger]

 

The I-864 form is driving me nuts. I am uncertain how to fill mine out, as the sponsor, because I do not meet the required federal poverty guidelines (as in my income is far below the threshold). This is why I have a joint sponsor who does meet the requirements.

 

For part 6, am I expected to use my husband's income as he is a member of my household, per part 4? My taxes were filed as a single since we were only married in mid-September of this year. Will that be a red flag or in some way hurt us?

 

And as far as part 7 is concerned, regarding assets, I have an abysmally low sum in my checking account and don't have any other assets (home ownership, investments etc.). Am I obligated to fill this part out since my income does not exceed the Federal Poverty Guidelines: "If your income, or the total income for you and your household, from Part 6, line 10 exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part. Skip to Part 8."

 

 

Filing singly when you are married can be a big red flag, if you were married on or before Dec. 31 of LAST year (2013). Your marital status for the ENTIRE YEAR is determined on Dec. 31 by IRS guidelines. You can file NOW as married filing separately and then later file an amended return once you have an SS number to get a refund of the overpaid taxes. If you would rather file NOW as married filing jointly, you will need to file a W-7 with the return for an ITIN for your spouse.

 

But, yes - I would teat the I-864 as just a formality since you are relying on the income of a joint sponsor.

 

Will it really make a difference? I didn't owe anything, and I filed back taxes since I hadn't filed for the last three years while residing here in China.

Edited March 17, 2014 by mekluger (see edit history)

[dnoblett]

Yes, what you claimed as marital status on returns used with the I-864 will make a difference,

 

Here is an example of one advised to file as single instead of married, and it may have been the red-flag that caused a denial.

http://candleforlove.com/forums/topic/42423-denial-letter/?p=563628

[Randy W]

 

 

The I-864 form is driving me nuts. I am uncertain how to fill mine out, as the sponsor, because I do not meet the required federal poverty guidelines (as in my income is far below the threshold). This is why I have a joint sponsor who does meet the requirements.

 

For part 6, am I expected to use my husband's income as he is a member of my household, per part 4? My taxes were filed as a single since we were only married in mid-September of this year. Will that be a red flag or in some way hurt us?

 

And as far as part 7 is concerned, regarding assets, I have an abysmally low sum in my checking account and don't have any other assets (home ownership, investments etc.). Am I obligated to fill this part out since my income does not exceed the Federal Poverty Guidelines: "If your income, or the total income for you and your household, from Part 6, line 10 exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part. Skip to Part 8."

 

 

Filing singly when you are married can be a big red flag, if you were married on or before Dec. 31 of LAST year (2013). Your marital status for the ENTIRE YEAR is determined on Dec. 31 by IRS guidelines. You can file NOW as married filing separately and then later file an amended return once you have an SS number to get a refund of the overpaid taxes. If you would rather file NOW as married filing jointly, you will need to file a W-7 with the return for an ITIN for your spouse.

 

But, yes - I would teat the I-864 as just a formality since you are relying on the income of a joint sponsor.

 

Will it really make a difference? I didn't owe anything, and I filed back taxes since I hadn't filed for the last three years while residing here in China.

 

 

So why would you file as single when you are married? THAT is the red flag.

 

On another note note - if you're relying on the Foreign Earned Income Exclusion, you must file to take advantage of it. If you earned more than a taxable amount of income (around $9300), you may be required to file in order to claim the Foreign Earned Income Exclusion.

[mekluger]

 

 

 

The I-864 form is driving me nuts. I am uncertain how to fill mine out, as the sponsor, because I do not meet the required federal poverty guidelines (as in my income is far below the threshold). This is why I have a joint sponsor who does meet the requirements.

 

For part 6, am I expected to use my husband's income as he is a member of my household, per part 4? My taxes were filed as a single since we were only married in mid-September of this year. Will that be a red flag or in some way hurt us?

 

And as far as part 7 is concerned, regarding assets, I have an abysmally low sum in my checking account and don't have any other assets (home ownership, investments etc.). Am I obligated to fill this part out since my income does not exceed the Federal Poverty Guidelines: "If your income, or the total income for you and your household, from Part 6, line 10 exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part. Skip to Part 8."

 

 

Filing singly when you are married can be a big red flag, if you were married on or before Dec. 31 of LAST year (2013). Your marital status for the ENTIRE YEAR is determined on Dec. 31 by IRS guidelines. You can file NOW as married filing separately and then later file an amended return once you have an SS number to get a refund of the overpaid taxes. If you would rather file NOW as married filing jointly, you will need to file a W-7 with the return for an ITIN for your spouse.

 

But, yes - I would teat the I-864 as just a formality since you are relying on the income of a joint sponsor.

 

Will it really make a difference? I didn't owe anything, and I filed back taxes since I hadn't filed for the last three years while residing here in China.

 

 

So why would you file as single when you are married? THAT is the red flag.

 

On another note note - if you're relying on the Foreign Earned Income Exclusion, you must file to take advantage of it. If you earned more than a taxable amount of income (around $9300), you may be required to file in order to claim the Foreign Earned Income Exclusion.

 

I'm not trying to evade paying anything; I don't even truly understand filings. My mom filed all my back taxes for me, but from what you say, it seems like I'm screwed and I've already scheduled our interview. I do have the Foreign Earned Income Exclusion filled out. I really don't know what to do here because if it really will be a red flag, then I guess we must hold off until I've got a TIN number for him.