Interview Somewhat Unsuccessful

[FTIR]

Hello everyone,

 

First of all a big thanks to everyone who's posted helpful guides of the DCF process for those of us living here in China wanting to bring our Chinese spouses over to the US. Everything was going well and approved (thanks to the advice on this website) until today when my wife had her interview in Guangzhou. When it came time for the interview, the visa officer asked her a few questions about our relationship but was mostly interested in our plan for when we go back to the US. When she started describing what she would do, he cut her off and asked about me (the petitioner and US citizen) and what my plan was. She told him truthfully that I was going to go back to school part-time and work part-time. After hearing that he declared that a part-time job wasn't enough to support two people so my wife answered that we'd have to stay with my mom (who is her joint sponsor) until we could save some money. She also suggested that we would both be working when we got into the US. He still didn't like this so he asked if I currently had a job in the US to which she answered no, because I am still working in China. Lastly he asked if I owned any property in the US to which my wife again answered no. After that he didn't ask her any more questions and gave her a white checklist for various petitioner documents with the section for "evidence of the petitioner's intent to establish and/or current domicile in the US" checked off. She also got a three-page document "9 FAM 40.41 N7 Domicile and the Form I-864" that lists the various requirements for domicile.

Initially I was very confused why she got a request for this information because I had made a nice packet with a written letter of intent to re-establish domicile in the US and included a copy of my passport, birth certificate, driver's license, acceptance letter to study part-time in Fall of 2018, investment account statement, auto loan statement, insurance statement, bank statements and credit card statements. However, I didn't stick these with my form I-864 and instead had them as a separate "packet" in the front of the application binder. The document intake person didn't specifically ask for these documents (only form I-864 from me and our joint sponsor) and my wife didn't know how important they were so she didn't hand them in. What I am confused about is if I must include proof that I have a job in the US due to how much the visa officer asked about whether or not I had one or if my bank account, investment, auto loan statements, etc. that I had originally prepared (and they didn't see) are enough? I did some research and found on travel.state.gov's I-864 section under the heading "If a petitioner does not have a domicile in the United States can a joint sponsor file form I-864?" it says:"No, the petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor." When reading that it sounds like I just need to prove my domicile in the United States with things like bank statements, etc. but not necessarily have a job already lined up since we have a joint sponsor whose income is $64,000, is this correct? I want to make absolutely sure that I give them enough evidence to show my domicile in the US. Also, after I submit these documents through CITIC bank, is this a "one chance" deal where if the evidence still isn't enough, we have to start all over or is it a back-and-forth process until we meet their requirements? Secondly, will my wife need to interview again? She said that before leaving the visa officer said there was nothing wrong with her interview but that they needed more information. Aside from the two white pieces of paper mentioned earlier, we have not received any further information from the embassy.I have not seen anyone else mention that a job in the US is mandatory although I understand it can be a big help. Thanks for any advice/information others can provide.

[Randy W]

What you found out is that they can (and do, on occasion) deny an applicant for the flimsiest of reasons. Sounds like he did his best to trip her up, in order to make it seem like he had a valid reason for denial.

 

People who have six figure incomes are seldom put through the ringer like that.

 

I have not seen anyone else mention that a job in the US is mandatory although I understand it can be a big help.

 

 

 

But I continually emphasize that the I-864 is NOT the be-all and end-all, that what they are looking for is YOUR ability to support your family so that she won't become a public charge in the U.S.

 

There is FAR too much emphasis on forums (including this one) on simply satisfying the conditions of the I-864. You are NOT simply submitting an I-864 - your wife is applying for a visa. The visa officer is charged by law with determining - above and beyond the information in the I-864 - whether your wife might become a public charge while in the U.S.

 

Include career prospects and plans, both immediate and longer term, with the domicile evidence. Will your parents be providing your support indefinitely?

 

What job prospects can you find online through a job search in your field?

 

Consider this a hoop you need to jump through - my guess is that this will result in immediate approval if you put a reasonable effort into assuring the VO that your wife will not become a public charge in the U.S.

[FTIR]

Great, thank you for the quick reply. I will see what I can do to apply for jobs back in the US remotely from China since my current employment in China ends on June 15. Do you think if I include an employment offer along with my bank account statements, etc. that would be enough or should I return to the US and secure a job before retrying? Thanks again.

[dnoblett]

Does not sound like a denial it is an request for more evidence RFE and case is placed into administrative process, you should be able to delay some before providing them with domicile evidence.

 

Domicile evidence that should cover this would be.

• Bank account with address you intend on living at in the states
• State ID with same address (Driver's License)
• Job offer.
• Tax returns showing domicile address.
• Apartment lease in the states.

Quite often US citizen living overseas returns to the states before their spouse interviews and re-establishes domicile.

[Randy W]

Great, thank you for the quick reply. I will see what I can do to apply for jobs back in the US remotely from China since my current employment in China ends on June 15. Do you think if I include an employment offer along with my bank account statements, etc. that would be enough or should I return to the US and secure a job before retrying? Thanks again.

 

 

I would not place TOO much importance on a job offer. Evidence is what you HAVE NOW - don't set the bar too high.

 

Again, this is a SMALL hoop to jump through - you HAVE a domicile, and hopefully, career opportunities you can present evidence of, even if it's only a listing of available positions.

[Randy W]

. . . he declared that a part-time job wasn't enough to support two people

 

 

Emphasize your LONG-TERM job opportunities, after graduation, and why you are going to school.

[dnoblett]

This one was in similar situation, he was in China and met his girl, they DCF and once they came to the states he went back to college in NYC, so it can be done even without a job lined up.

 

http://candleforlove.com/forums/topic/47398-our-dcfd-cr-1-approved-in-guangzhou-nov-20/

[FTIR]

Great! Thanks to both of you for giving me some good information, I really appreciate it!

[FTIR]

Another question for those experienced users here. All that we currently have are the two white papers I mentioned in my original post. We didn't get a physical letter explaining when and how we need to submit the additional documents. I am assuming this will come via email or physical mail but I'm not sure how soon. Does anyone know how soon these instructions come?

[Randy W]

from USTravelDocs - or try their Contact Us page at http://www.ustraveldocs.com/cn/cn-main-contactus.asp

 

Cover letter at http://www.ustraveldocs.com/cn/cn-iv-preparedocuments.asp

 

Document Drop-Off Locations

[Catherineli]

There is a new online school called "Epic Charter School." It pays a good salary. I hope it helps those who work in China.

 

https://epiccharterschools.org/lp2?gclid=EAIaIQobChMI-5GEvKn-2gIVRgOGCh1V-A57EAAYAiAAEgKL4vD_BwE

[FTIR]

UPDATE: 5/29:

 

After sending in a bunch of personal documents like bank statements, auto loan statements, insurance documents, a job interview offer in the US and a personal two page letter expressing future prospects, etc. we received an email to send in her passport and two photos. Just today the status was changed to "Issued" which means the visa is on the way and we're in the clear. After the initial post-interview shock, it was actually quite easy overcoming this little "hurdle" and only took about two weeks total from RFE to visa issued. Thanks to everyone here who gave me some tips. I sent in about and inch worth of papers showing my ties to the US and that swayed them to issue the visa.

 

One interesting thing that I thought I'd mention in case anyone else is in a similar situatuion is my wife's visa overstay. Back in 2016 my wife (girlfriend at the time) came to visit me and ended up staying longer than her entry stamp allowed (tourist visa). Long story short this was due to my incorrect thinking that the US border system was like China's where every time you leave the country and come back in your stay time "resets". She overstayed by about 7 weeks and left the US voluntarily (she wasn't deported or anything). I mentioned all of this on the DS 260 application because I knew it was better to be truthful than try to lie. I thought for sure they'd ask her many questions about it at her interview but it wasn't even brought up. Before the interview I tried looking up information about this situation and couldn't really find much so I wanted to share my experience. I know that if you overstay longer than 6 months you're banned for three years and longer than 1 year is a 10 year ban but I couldn't find anything for a shorter term overstay. Either way, it looks like we're all set to go now. Thanks again to everyone for the advice.

[dnoblett]

Yep, a short term overstay less than 6 months has no automatic bar, it tends to prevent visit entries within 6 months of leaving, but yes a 6 month overstay can cause a 3 year bar requiring a hardship waiver.

[Greg.D.]

I take it you are a chemist? Just curious what part of the country you are going to - or is it based on where the family is?

 

Although I work in a lab, we're definitely not hiring.

 

Glad you are getting the visa/green card. Even when things go well, it's still a real slog,

 

Greg

[Dennis143]

I take it you are a chemist? Just curious what part of the country you are going to - or is it based on where the family is?

 

Although I work in a lab, we're definitely not hiring.

 

Glad you are getting the visa/green card. Even when things go well, it's still a real slog,

 

Greg

If FTIR is a chemist, contact my friend Don Frye who was once active on this site, wife is Chinese and who is a research Chemist. He used to live in SoCal now living in Boston. He may have some leads for you. Tell him I suggested him to you. Here's his FB page: https://www.facebook.com/don3569