Preliminary approval but with caveat

[mwatney]

So my wife just got back from her interview at Guangzhou for her CR-1. We were going through the DCF process. She received a Final Processing Letter along with a green slip that wants her to get a co-sponsor.

 

Here's my situation:

 

I came to China for work 5 years ago and joined a startup. But my income was non-existent for those years and had very low AGI reported on my previous years tax forms. In 2015 (this year), I found a new job at a big Chinese company that pays above the poverty guideline for sponsorship but the consulate officer says they do not recognize my income from China. I also have a signed job offer from a US company that I will be working for in a couple months with high income and the officer says the job hasn't started yet so they don't recognize it either.

 

I think it is pretty absurd. I can't find a cosponsor right now and I am asking for advice of what to do next. Some ideas off the top of my head so far:

 

1. Change my tax form info from last few year and pay additional tax to get a higher reported AGI. Will IRS allow this?

2. File a complaint with USCIS because I am not sure why they don't recognize my income from China.

3. Write to congressman and seek help

 

 

What do you guys think? I think it's very strange that the DCF process requires me to be living in China and now they say they don't recognize my Chinese income when it comes time for the interview. WTF?

 

 

 

[Randy W]

Your income in China will not continue when you return to the U.S. They are required by law to provide a determination, above and beyond the information provided on the I-864, of whether she might become a public charge while in the U.S.

 

You can't volunteer to pay additional taxes to make your income look higher than it is - that would raise red flags with the Consulate, and maybe the IRS as well. Your income is what it is. You should report your ACTUAL income to the Consulate.

 

I'm not sure why they "don't recognize" your signed job offer. It seems like that would be exactly what they would look for.

 

Filing DCF requires only that you live in China for filing purposes. Part of the process is to then set up domicile in the U.S. - hopefully, you have an address to return to.

 

You might write a letter to the Consulate, explaining your circumstances (including your U.S. domicile), your ACTUAL income, and how it relates to your career (and employability) in the U.S. Don't forget to mention the job offer and salary, and include (again) a copy of the job offer.

 

It sounds like you're close, but hit an overly anal Visa Officer. Perhaps the letter will be enough to overcome this hurdle. But if they want to insist on a co-sponsor, they can.

 

The worst case might be for you to return to the U.S. by yourself and start the new job. That would be extremely heavy-handed of them to expect that.

[mwatney]

Your income in China will not continue when you return to the U.S. They are required by law to provide a determination, above and beyond the information provided on the I-864, of whether she might become a public charge while in the U.S.

 

You can't volunteer to pay additional taxes to make your income look higher than it is - that would raise red flags with the Consulate, and maybe the IRS as well. Your income is what it is. You should report your ACTUAL income to the Consulate.

 

I'm not sure why they "don't recognize" your signed job offer. It seems like that would be exactly what they would look for.

 

Filing DCF requires only that you live in China for filing purposes. Part of the process is to then set up domicile in the U.S. - hopefully, you have an address to return to.

 

You might write a letter to the Consulate, explaining your circumstances (including your U.S. domicile), your ACTUAL income, and how it relates to your career (and employability) in the U.S. Don't forget to mention the job offer and salary, and include (again) a copy of the job offer.

 

It sounds like you're close, but hit an overly anal Visa Officer. Perhaps the letter will be enough to overcome this hurdle. But if they want to insist on a co-sponsor, they can.

 

The worst case might be for you to return to the U.S. by yourself and start the new job. That would be extremely heavy-handed of them to expect that.

 

Thanks for the tip, Randy. When you mention writing a letter, do you mean snail mail? Or email? Which email? Can I just call them?

 

Also, for the I-864, I haven't included my US assets. Will they reconsider knowing I have US assets such as stocks?

[Randy W]

 

Your income in China will not continue when you return to the U.S. They are required by law to provide a determination, above and beyond the information provided on the I-864, of whether she might become a public charge while in the U.S.

 

You can't volunteer to pay additional taxes to make your income look higher than it is - that would raise red flags with the Consulate, and maybe the IRS as well. Your income is what it is. You should report your ACTUAL income to the Consulate.

 

I'm not sure why they "don't recognize" your signed job offer. It seems like that would be exactly what they would look for.

 

Filing DCF requires only that you live in China for filing purposes. Part of the process is to then set up domicile in the U.S. - hopefully, you have an address to return to.

 

You might write a letter to the Consulate, explaining your circumstances (including your U.S. domicile), your ACTUAL income, and how it relates to your career (and employability) in the U.S. Don't forget to mention the job offer and salary, and include (again) a copy of the job offer.

 

It sounds like you're close, but hit an overly anal Visa Officer. Perhaps the letter will be enough to overcome this hurdle. But if they want to insist on a co-sponsor, they can.

 

The worst case might be for you to return to the U.S. by yourself and start the new job. That would be extremely heavy-handed of them to expect that.

 

Thanks for the tip, Randy. When you mention writing a letter, do you mean snail mail? Or email? Which email? Can I just call them?

 

Also, for the I-864, I haven't included my US assets. Will they reconsider knowing I have US assets such as stocks?

 

 

 

By letter, I mean paper. You should have instructions on how to submit additional evidence.

 

Yes, additional assets will help. It will also provide an opportunity to re-submit the I-864, and hopefully catch a more discerning eye. Be sure to include a cover sheet which HIGHLIGHTS both your present ACTUAL income AND the amount of your job offer in the U.S. They are REQUIRED BY LAW to consider the totality of your circumstance, and NOT just the information on your I-864.

[Greg.D.]

Do you have any savings that you can transfer to a U.S. bank? My letter from my bank was required to include the current balance, the average balance and the date that I opened the account. Not sure why it would be a strike against you if you had just recently opened the account.

 

I think that the worst case scenario is that you arrive in the U.S. ahead of her and begin your job. Don't know how long you should work in the U.S. before your support is considered legit.

[mwatney]

Do you have any savings that you can transfer to a U.S. bank? My letter from my bank was required to include the current balance, the average balance and the date that I opened the account. Not sure why it would be a strike against you if you had just recently opened the account.

 

I think that the worst case scenario is that you arrive in the U.S. ahead of her and begin your job. Don't know how long you should work in the U.S. before your support is considered legit.

 

 

I have savings and assets in the US but I did not list them in my I-864 because my Chinese income is way more than the poverty line.

[Randy W]

 

Do you have any savings that you can transfer to a U.S. bank? My letter from my bank was required to include the current balance, the average balance and the date that I opened the account. Not sure why it would be a strike against you if you had just recently opened the account.

 

I think that the worst case scenario is that you arrive in the U.S. ahead of her and begin your job. Don't know how long you should work in the U.S. before your support is considered legit.

 

 

I have savings and assets in the US but I did not list them in my I-864 because my Chinese income is way more than the poverty line.

 

 

Oh, I see! But the Consulate is required to look at your stateside picture - a good career and job search (or, in your case, an actual job offer). If you can demonstrate a stable career potential, that would be ideal.

 

I think some sites, including this one, have over-emphasized the importance of the I-864 in that picture.

[mwatney]

Since I didn't include my bank and stock assets in my I-864 because I thought my Chinese income would be enough, would it be possible to revise my I-864 and add my assets?

[dnoblett]

Since I didn't include my bank and stock assets in my I-864 because I thought my Chinese income would be enough, would it be possible to revise my I-864 and add my assets?

 

Will the Chinese income continue after your arrival in the states? They are more concerned with how the immigrant will be supported once they are in the states. Yes liquid assets should be noted on the I-864 if you plan on using them to support yourselves for a time after arrival, note the assets are only worth 1/3 that of income, the rational is the assets have to support for 3 years until the immigrant could naturalize and become a Citizen.

 

In most cases where US Citizen has been living overseas, they get a joint sponsor living in the states to provide an I-864

[Randy W]

Since I didn't include my bank and stock assets in my I-864 because I thought my Chinese income would be enough, would it be possible to revise my I-864 and add my assets?

 

 

It is YOUR responsibility to explain your financial circumstances to the Consulate.

 

They have not yet ACCEPTED your I-864. It is your choice as to whether to submit a new I-864, or line up a co-sponsor, as they have requested.

 

It is usually best to do what they ask, but my guess, just based on what you've reported here, is that a NEW I-864 may just cut the mustard.

 

Personally, I think that asking someone to be a co-sponsor is more than a little like trying to borrow money from that person, but you may know someone well enough to do exactly that.

 

It sounds like you're close, but hit an overly anal Visa Officer. Perhaps the letter will be enough to overcome this hurdle. But if they want to insist on a co-sponsor, they can.

 

From my earlier post:

The worst case might be for you to return to the U.S. by yourself and start the new job. That would be extremely heavy-handed of them to expect that.

 

Edited October 14, 2015 by Randy W (see edit history)

[mwatney]

Thanks for the tips. I found a joint sponsor with income that's not high enough but have assets that meet the requirement. The joint sponsor has a joint bank account with his wife that can be used as proof of asset. Is it okay to just have him fill out the i864 or does his spouse need to as well? They file taxes jointly.

[dnoblett]

Thanks for the tips. I found a joint sponsor with income that's not high enough but have assets that meet the requirement. The joint sponsor has a joint bank account with his wife that can be used as proof of asset. Is it okay to just have him fill out the I-864 or does his spouse need to as well? They file taxes jointly.

 

Joint sponsor provides an I-864, their spouse can provide an I-864A as a member of joint sponsor's household

[mwatney]

Just sent in additional documentation on my assets as well as a cosponsor's I-864 and documents. Hopefully, this provides more than enough proof of eligibility for sponsorship. Waiting to hear back from them.

[Greg.D.]

If I could add to this, despite what you may have been earning and doing up to the time of application, you find yourself in a Catch-22 when you want to apply for the spouse visa which, upon using it, requires you to quit your current job in China so you can move together to the U.S.nand, you are not the first to grind your teeth over it.

 

But, it will all work out in the end, maybe not in the way you imagined. An old expression: you are more likely to have things go your way if you have more than one way you can go.

[mwatney]

If I could add to this, despite what you may have been earning and doing up to the time of application, you find yourself in a Catch-22 when you want to apply for the spouse visa which, upon using it, requires you to quit your current job in China so you can move together to the U.S.nand, you are not the first to grind your teeth over it.

 

But, it will all work out in the end, maybe not in the way you imagined. An old expression: you are more likely to have things go your way if you have more than one way you can go.

 

Thanks for the encouragement! I've sent in the documents required and the CEAC website shows that the visa status has been updated today. It's still under "Administrative Processing", though. So we'll see how it pans out.