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DCF or AOS or...?

I-864 DCF AOS CR-1/IR-1 I-130

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#1 Tom R

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Posted 26 November 2017 - 08:05 AM

Hello everyone,

 

I have a couple questions about the green card process with many more to come in the future, I’m sure. 

 

First, I’ll tell you a bit about our situation.  My wife and I have been married for 4 and a half years.  She is Chinese and has a 10 year – 180 day - B1/B2 US Visa.  I am American, and we have a 10 month old American daughter who was born here in Shanghai.  We’ve been living together in Shanghai for the last couple years but are getting ready to move to the US

 

We were originally going to DCF but I’m a bit concerned with the I-864 as I’m currently unemployed here in China and because my occupation when I'm in the US is an IBEW union electrician.  If you know anything about union trade work, you know that there isn’t really such a thing as a work contract that is signed in advance, or that lasts for a certain amount of time, or that shows a yearly salary. I need to actually be there and start working to show all of that, which is what I'd like to do if possible  

 

I know a joint sponsor would be a solution but I’d rather not have to ask my dad to be one unless I absolutely have to.  I also know that I could move back ahead of them and start working but splitting up our family is not an option.

 

Questions:

 

Is there a way to start the green card process for my wife while we’re still here in China, then we all move to the US and I start working to build up some pay-stubs and proof of income before filing the I-864?

 

Or maybe even move to the States with my wife on her current B1/B2 visa and then start the whole process from there with an AOS after I’ve been working for a bit?

 

Isn’t the I-864 normally one of the last things submitted?  If that’s the case, couldn’t I make it to where there’s enough time between the start of the process and the filing of the I-864 for me to work most of next year, file taxes for next year, and then have a tax return to submit showing decent income while we all live there together?  I was thinking you had a certain window (like 2 years) that you could wait to finish the whole process once it was started?  Could that help me out with this situation?  

 

What are our options?  Do we even have options?

 

Thanks for your help in advance,

 

Tom



#2 Tom R

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Posted 26 November 2017 - 08:42 AM

What about filing the I-130 and I-129F together for the K-3?   Is that something I can do from China, or does that have to be done from within the US?  

 

Also, would the I-864 have to be submitted at the same time?  Or could that wait until after living in the US for a bit?


Edited by TRebbe, 26 November 2017 - 08:45 AM.


#3 dnoblett

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Posted 26 November 2017 - 10:00 AM

AOS tends to happen only in cases where a foreign visitor ends up getting married in the states, for example, entry on a K-1 fiancee visa, working in the states or while attending college, my wife came here on a K-1 visa that I filed a petition for her, and I have advised a couple friends how to file to adjust status after getting married while in the states on a student visa.  AOS is not an option for a couple already married immigrations will have strong questions why the misuse of a visit visa instead of simply filing a petition for an IR-1 spouse visa, use of a B-2 visit visa with the intent to immigrate is considered visa fraud.

 

If you are living overseas then DCF IS the way to go simply file the I-130 to the USCIS field office located in Beijing or Guangzhou which has jurisdiction over where you live and 3 to 4 months later interview for the IR-1 visa.  This is also the least expensive for fees, and the spouse will get greencard status immediately upon arrival in the states allowing travel an work.

 

K-3 is no longer an option, it was a type offered at a time when I-130 visa petitions were taking a very long time to process and allowed the intending immigrant a way to enter the states while they waited for the I-130 to process, several years ago USCIS started to tie the two petitions together and they approve them at same time and send to NVC together where NVC simply drops the I-129F (K-3) and continues processing the I-130 (IR-1 or CR-1) onto a spouse visa interview. I have not seen a K-3 visa in years.

 

As for I-864 may simply have a family member in the states act as a joint sponsor and also provide an I-864, or you could always travel to the states ahead of spouse and establish domicile and gain employment to provide the I-864.

 

I-864 is provided for the visa interview, it is NOT filed with the petition.



#4 Tom R

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Posted 26 November 2017 - 10:23 AM

Damn, I thought I found a way to do it with the K-3.  There sure is still a lot of info out there about it.     

 

After the I-130 is approved, how long do we have to schedule the interview?  If we're not ready with the I-864s, can we wait to interview until ready?



#5 dnoblett

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Posted 26 November 2017 - 10:30 AM

Typically USCIS office in China approves and sends to the Guangzhou consulate the petition within a month or so after which GUZ takes a couple months before instructing you ast to the next steps.

Yes, you can prepare the I-864 while waiting for approval, along with the other notary documents and translations that will be needed.

K-3 was never an option for DCF cases the DCF process happens completely overseas and K-3 has to do with petitions filed in the states.

Study topics tagged DCF. http://candleforlove...ags/forums/DCF/

#6 Tom R

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Posted 26 November 2017 - 11:01 AM

Right, I wouldn't have done DCF with the K-3.  Wanted to use that to start the process here and then finish it in the US with an AOS to give me more time, but oh well. 

 

Regarding the interview:  was just wanting to know if I start the I-130 now and everything goes through super fast, would I then be able to wait to schedule the interview if we need more time?   Or just schedule it for some time down the road instead of ASAP? 

 

Believe me, I've been studying as much as possible with a 10 month old.   ; )

 

Thanks, Dan



#7 Randy W

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Posted 26 November 2017 - 11:06 AM

Options ??!? You have CHOICES.

 

The DCF may be the best one, like Dan suggests. Remember you have her Visitor's visa, so you can spend time together in the U.S., while waiting for the interview in Guangzhou.

 

We can't advise you to try to adjust status while she is in the U.S., but you might talk to an LOCAL immigrations lawyer about doing so.Just be aware that the WORST. Just be aware that you are open to being accused of "immigrations fraud" for doing so.

 

It is YOUR responsibility, above and beyond the I-864, to present an ACCURATE picture of your CURRENT (U.S. based) income and your income and career potential. You can do this with a cover sheet for the I-864. The Immigrations Officer is REQUIRED by law to look BEYOND the I-864 in making a determination as to whether she will become a public charge while in the U.S. the I-864 is NOT the be-all, end-all that most forums will tell you it is.

 

K-3 is still on the books for an I-130 filed in the U.S., but with a valid visitor's visa, you would have no need for one



#8 Tom R

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Posted 26 November 2017 - 11:27 AM

You're right, choices is a better word for it. 

 

And yeah, I don't want to take any chances of being accused of immigration fraud for sure.  That's mainly why I started looking into other options.

 

Ok, I'll write a good cover letter explaining my job situation and probably ask my dad to be a joint sponsor for backup just in case.  

 

I'm sure I'll have more questions about all of this going forward but will try to keep them to a minimum.  Is it okay if I post them on this thread?  Or should I find relevant existing threads, or start new threads?  Which do you guys prefer?  

 

Thanks a lot guys


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#9 dnoblett

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Posted 26 November 2017 - 01:17 PM

Many when asking questions do so in same thread.

Prime example of a DCF from options to all the paperwork involved, http://candleforlove...a-and-confused/
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#10 Tom R

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Posted 29 November 2017 - 10:16 AM

On the new I-130 is it okay to write "NONE" instead of "N/A" on lines that don't pertain to me?   The USCIS instructions say to write "N/A", but it won't let me type in the / on the form.   Maybe it's an issue with the new forms?   Or maybe my Adobe Acrobat Reader DC?

 

For Example on the last name line under other names used I tried "N/A" and I get a    -Warning: JavaScript Window-   that pops up and says: "Allows only letters, space and hyphen."          So I tried using N-A instead and that worked until the middle name line said:  "Enter Alpha Characters Only"

 

It's kind of weird that they want you to write something in there even though most of the sections say "(if any)" after asking for something, like Other Names Used (if any)  Seems to me the best way to answer that is by no answer at all if in fact there are no other names used.   

 

Anyway, what should I do?


Edited by Tom R, 29 November 2017 - 10:17 AM.


#11 dnoblett

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Posted 29 November 2017 - 10:26 AM

On the new I-130 is it okay to write "NONE" instead of "N/A" on lines that don't pertain to me?   The USCIS instructions say to write "N/A", but it won't let me type in the / on the form.   Maybe it's an issue with the new forms?   Or maybe my Adobe Acrobat Reader DC?

 

For Example on the last name line under other names used I tried "N/A" and I get a    -Warning: JavaScript Window-   that pops up and says: "Allows only letters, space and hyphen."          So I tried using N-A instead and that worked until the middle name line said:  "Enter Alpha Characters Only"

 

It's kind of weird that they want you to write something in there even though most of the sections say "(if any)" after asking for something, like Other Names Used (if any)  Seems to me the best way to answer that is by no answer at all if in fact there are no other names used.   

 

Anyway, what should I do?

Try no "/" or "NA"

 

The logic behind NONE and NA is "None" means it does apply but in your case, you have none, for example, if you have no middle name use "NONE" not "NA" other names used is "NONE" 

 

"NA" is used for questions that are "Not Applicable" for example it asks for an A# for petitioner if you are a natural born US Citizen NA applies because Natural Born citizens never have an A#



#12 Tom R

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Posted 29 November 2017 - 10:36 AM

Ok, but under A# it won't let me enter letters.   Should I enter all zeros?  Or just leave those blank?



#13 dnoblett

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Posted 29 November 2017 - 10:43 AM

Ok, but under A# it won't let me enter letters.   Should I enter all zeros?  Or just leave those blank?

Leave blank and hand write in N/A, it does not apply to natural born citizens, as for your spouse can hand write "None" for her A#



#14 Randy W

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Posted 29 November 2017 - 11:08 AM

On the new I-130 is it okay to write "NONE" instead of "N/A" on lines that don't pertain to me?   The USCIS instructions say to write "N/A", but it won't let me type in the / on the form.   Maybe it's an issue with the new forms?   Or maybe my Adobe Acrobat Reader DC?

 

For Example on the last name line under other names used I tried "N/A" and I get a    -Warning: JavaScript Window-   that pops up and says: "Allows only letters, space and hyphen."          So I tried using N-A instead and that worked until the middle name line said:  "Enter Alpha Characters Only"

 

It's kind of weird that they want you to write something in there even though most of the sections say "(if any)" after asking for something, like Other Names Used (if any)  Seems to me the best way to answer that is by no answer at all if in fact there are no other names used.   

 

Anyway, what should I do?

 

 

Your name is NOT "TOM NONE R", nor is it "TOM NA R" - the I-130 requires a "properly signed" signature, so why not enter "N/A" by hand?

 

If a question does not apply to you (for example, if you have never been
married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed.

 

 



#15 Tom R

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Posted 29 November 2017 - 11:31 AM

 

On the new I-130 is it okay to write "NONE" instead of "N/A" on lines that don't pertain to me?   The USCIS instructions say to write "N/A", but it won't let me type in the / on the form.   Maybe it's an issue with the new forms?   Or maybe my Adobe Acrobat Reader DC?

 

For Example on the last name line under other names used I tried "N/A" and I get a    -Warning: JavaScript Window-   that pops up and says: "Allows only letters, space and hyphen."          So I tried using N-A instead and that worked until the middle name line said:  "Enter Alpha Characters Only"

 

It's kind of weird that they want you to write something in there even though most of the sections say "(if any)" after asking for something, like Other Names Used (if any)  Seems to me the best way to answer that is by no answer at all if in fact there are no other names used.   

 

Anyway, what should I do?

 

 

Your name is NOT "TOM NONE R", nor is it "TOM NA R" - the I-130 requires a "properly signed" signature, so why not enter "N/A" by hand?

 

If a question does not apply to you (for example, if you have never been
married and the question asks, “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed.

 

 

 

 

I think I'll do that.  I just thought I remembered reading somewhere that they prefer you to type as much as possible... 

 

 

 

Ok, last two questions of the day for I-130:

 

-Mailing Address:

– should this be where I’m living now in China or where I have all of my mail and bills sent to in the US?  I'm thinking China

 

-My employment history:

– I put “UNEMPLOYED” for the first one.  Should I fill out the rest of that info under that with my current address, or should I write “N/A” on them and just enter the dates unemployed?   

-and is it necessary to list other stretches in the last 5 years being unemployed or self-employed?   Was planning on listing the self-employed for sure, but wasn't sure about the other unemployed stretch I had...





Also tagged with one or more of these keywords: I-864, DCF, AOS, CR-1/IR-1, I-130

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