Newbie with a few questions

[BobandNicole]

Hi All, sure glad I found this site when I did. A little bit of background, met my wife in 2000 while I was traveling over here for business. Was transferred over here to China, now live in Dongguan, about 40km south of Guangzhou in May 2002 and we got married in China in March 2003, an experience in itself. I'm here on pretty much a permanent posting with an American company on residence visa. After 2 unseccussful attempts at getting my wife a visitor's visa so she could come back to US for my annual 2 week home leave, (the old no visitor's visa becaue she's presumed to be coming to US for immigration purposes) we decided to go through the residence visa process. Filed I-130 documents at DHS Guangzhou in October 04, Recieved P3 packet a few days later, and filed those documents pretty much immediatly, got the P4 packet end of January. Her interview is March 17. Believe it or not, one day before our second wedding anniversary.

 

So, reading postings on the site, I'm starting to get concerned on a couple of things, maybe some folks can help

 

Tax return copies for I-864, have the copies given to me by my tax preparer, along with W-2's, letters of income, etc? Will this be sufficient. Will they accept copies of these or do I need to make copies and give the oringinal copies? Heading to the consulate on Friday to get the i-864 notarized.

 

Can I go with her into the interview? Is that a good idea even? Our "relationship" documents will include e-mails, some photos, local newspaper photo clippings of us together, copies of property ownership documents, joint business licence, joint bank account, health insurance cover.. Anything else anyone can think of? We didn't have a 'wedding party' to speak of, 500 strangers in a hall at her village didn't appeal to her too much. Wife speaks 5 languages, her english better than mine sometimes. We've also traveled to several countries.

 

Assuming she's approved for visa, what happens after that? This part doesn't seem too clear to me, We plan to travel to US in April, I do know she takes her paperwork/visa to US and has to go through the entry process at the airport, in our case LAX. What happens there exactly? Is the AOS to IR1 made at that time since by then we'll be married for 2 years, or do we need to apply for AOS immediatly at the consulate since our second anniversary is the day after the visa interview? Does she have to stay in US for a certain length of time before she can come back to china? Does she have to file any special paperwork in order to come back to China? Our principal residence is in China.

 

Whew, a lot of questions. Also heading over to the American Citizen's hour to ask some of the same stuff and hope I can find out an answer. Been to one already, run by a person described in some of the other posts as an interviewing visa officer, felt sorry for her at that meeting, pretty well bombarded by questions like "how long will it take, when is my (insert relationship)'s going to be done? Really case specific questions. She was real frazzled by the end of that one.

 

Sorry for the long post, but I thought things were well in hand until I started reading here, now OH BOY!! maybe not. If you all have any questions, let me know.

Bob

[eeyore]

I'm working in the I 184 as we speak. So far what I know is all the tax related forms can be copied. IRS can provide you w/transcripts of prior tax years for free and copies for a fee $39 each year. Check www.irs.gov. I'm under the understanding at this point the free transcripts are fine but you still need copies of w2. You can not go to the interview, she has to do that on her own, but it is highly recommended that you go to the office w/her and take your passport. She can take your passport in to the interview. The more proof of your relationship that she can bring the better. Anything that proves you two are/have been together.

[BobandNicole]

Ok, this is the part where I get confused. Do I NEED to have transcripts? I filed paper forms, not electronically, and have copies of the forms I sent the IRS marked "client copy" etc. from my tax preparer.. Will those work or do I HAVE to get the form copies direct from the IRS.... Originally thought the tax preparer copies would suffice..

Thanks

Bob

[king]

Copies of your tax returns are sufficient for the interview if they are legible and properly prepared.

[BobandNicole]

Thanks, I found a link to a "fillable" I-864 form

 

http://www.usembassy.org.uk/cons_web/faqs/...occhecklist.htm

 

Also, that website tells the process in more plain english. Substitute Guangzhou for London, and remember the "culture" of the Guanzhou embassy is one of general confusion it seems. (I've dealt with them on several issues, and had the same person tell me 2 different things)

 

Immigration laws are the same word over, just peculiararities in general locations.

 

Bob

[beijingjenny]

Wow, and I thought OUR DCF experience was fast!

 

It sounds like you have more than enough "relationship" documents. We don't have near that much - just pics and emails and such. Living together but not owning anything together, it's almost harder to prove than for fiances!

 

Don't forget on your part you also have to prove "domicile", or your continued "ties" to the US. I.e. if you have a job or at least interview, own a home, have gone back to visit regularly, filed your taxes, etc. Again, we don't have so much, but will show what I can to show my stay was always intended to be temporary (including my contract and visa expiring and return plane tickets and letter from my parents that our home is with them).

 

It seems to me from others' experiences, as long as she goes through the POE after your second anniversary, they should give her an IR-1, meaning as far as I understand they're not much to do later. We'll be a few months shy and have to adjust from CR-1 later. I think as soon as she gets the green card she can come back to China, but she cannot stay more than year.

 

Hope that helps,

Jenny

[BobandNicole]

Thanks, this whole "domicile" thing does have me bugged a bit, using my mother's address for my US address, Driver's licence there, U.S. bank statements. etc. Job is pretty much a permanent posting, open ended contract.

 

Some how I can see it now, she can't get a visitor's visa because the NIV unit thinks she's going to immigrate, and the IV unit won't give her an immigration visa because they think she's just visiting...

 

How long from goig through POE to when she gets her green card. She has to stay in US the whole time untl green card arrives??? This ought to be good, her bunking with my mother with me back in China working. Talk about a switch!!!

 

Also, what's up with the line in question 6 of the GIV-24 Family Composition Sheet "If your parent or spouse has had more than one maraige or combubine, please include" So she needs to list all my x-wives???

Bob

[beijingjenny]

Yes, an open-ended contract may look suspcious, but on the other hand, if you're working for an American company, that's gotta look good.

 

This is something I've thought (worried!) about quite a bit too - caught in this catch-22 where my husband can't get a non-imm visa cuz his ties aren't strong enough (being married to me works against him) and he can't get an imm visa because my ties to the US and money are not strong enough... but actually I'm sure I'll be fine, and you will be too.

 

Don't know how long for the green card or about the concubine thing... but I suppose if you have a lot of ex wives she has to list them! Since you'll have all your divorce certificates anyway....

[BobandNicole]

Divorce/Death Certificates...Single cetificates.. Now there's a whole new set of wrinkles.

 

I would think since we've already been married over two years and have the original marriage books, plus the notarial mariiaige certificates from PRC that all the previous mairriage/single stuff is a moot point. Especially because of all the hoops one has to jump through to get married here.

 

Single certificate for her would be strange, since techinically she's not single, she's married,... to me!!

 

But then again, sometimes this doesn't make sense.

 

I started this whole DCF filing thing because my companies attorney came up with this part of immigration law that said if I'm permanently stationed overseas with an american companythen the domicile requirement doesn't apply. This was all clearly stated to the folks at DHS when I started this project. Their answer was no problem. Now maybe problem? What a surprise.

 

A componant of day to day life here, not just GUZ. Thats why I have a job!!

 

Really stressingly.

Bob

[BobandNicole]

Thanks, actually U.S. citizenship for her isn't all that convenient given we live in China, the best scenario is for her to get green card for US, me to get the green card in China that one can apply for after being married to a Chinese for 5 years. That is the one that allows you to own property, a car etc in China.

 

We'll be making a few short trips a year to U.S., but there's the old IRS rule that we can't spend more than 30 days in US or lose our tax exempt status... ARGHH!!

 

Another question on Domicile though, if I use my mom's address, does my mother then count on the household size part of the I-864? Does she need to be listed? Do I have to provide proof of here income? My income more than covers the guidelines for all 3 of us if need be, (so does her's for that matter" but now I've read somewher that my mother's info needs to be included.

 

Or am I making too much stress for myself.

Thanks

Bob