Tax question , I-130 question, DCF question

[sppeng 0]

Hi All,

I'm a USC about to marry my Chinese fiancee of 1.5 years in Shanghai. I have a work visa in China good until end of June 2012 and have been in China working for over 1 year.

I want to file for DCF in beijing and have read http://www.visajourney.com/forums/topic/314704-dcf-beijing/ because I seem to fit this category and everythign I've ready said this is the fastest approach if done right.

1) a) However, since my salary is not very high in US terms (10,000 RMB a month), my parents have still been claiming me as dependent the past couple years. I recognize that this may be a problem. So when the time comes that I need to provide my 3 year tax return, how will this effect me? Do I need to file as Independent and pay some taxes, and will this negatively effect my wife's chances of getting approved? As this won't be needed until a couple months after I-130 is approved when the packets are sent. If I clear this up asap, would it be okay? Does anyone know the how long this would take with the IRS?

b) regarding my work visa, I actually started working for the company before I got the work visa, although it was in China. I was in Europe then, attending training and consulting on the firm's behalf. I got a work visa the first month I arrived back in China.

2) I am China-born and became a USC through my parents when they naturalized. To my and their knowledge, I never received a certificate of citizenship. On the I-130 form under citizen through parents checkbox, there is a checkbox for "No" when asked to provide certificate of citizenship number. If I select this, will it be very likely she is rejected?

3) I am about to start a new job in the US in the next couple months. From what I read this does not hinder me from applying for DCF while I"m still in China and there is no requirement for me to be in China after the submission. This is also a reason why I want to get the petition filed as soon as possible. Does this matter for DCF?

4) Do all documents need to be translated into English/Chinese? For example, if I have e-mails/cards from friends on congratulating the marriage.

I'll do my rough draft of everything and make another post of everything for you experienced guys to help advise.

Thanks in advance for helping with my random questions. I'll try to come back with some more structure once I see some of your feedback. I'd like to start a timeline here of my visa progression. Really wish I can be as successful and fast as the guy in the link above. I'm really worried the tax things gonna get me.

[together4evr 360]

I think a requirement to file DCF is to be married and live together in that country for 6 months as husband and wife.

[Penguin_ie 5,994]

OP, as you have read the DCF thread I assume you know you need to get married before you can file this way. Not sure how long it takes to get married and then get a marriage cert in China, but you may want to get onto that asap.

1) I am not sure how the money translates. In general, US citizens are required to file taxes with the IRS even if they earn very little, and it is abroad. Did your parents declare the small income you made on their tax returns? In general, if you are not required to file due to no/ little income, you just write a short letter saying so and submit it with the I-864 but in your case, it may be best for you have your parents tax returns in case they want to see it.

3) You are correct. To be safe, it is generally better to remain abroad until the I-130 is approved, not just filed, just in case there are problems. You may want to consider having a co-sponsor ready. It should not be needed but as you will only have been working a month or two when the I-864 becomes due, the embassy may not be happy about you sponsoring on such a new job.

4. Chinese or English is fine. Any other languages should be translated.

I think a requirement to file DCF is to be married and live together in that country for 6 months as husband and wife.

No, the requirement is only that the USC resides legally abroad for at least 6 months. If you marry at 6 months + 1 day, you can file the same day.

[sppeng 0]

thanks for the feedback and answers so far.

Yes, I'm aware of getting married first =] We are shooting for before end of the month. Getting in married is actually very simple and is done in 1 day (mostly waiting in lines).

As a USC, you are required to get a certificate from the consulate certifying you're ability to get married. Then you need to get this translated into Chinese and present this and both ppls IDs at the place where you get married.

I've begun assembling the I-130 package so far based on the following.

* One copy of my US passport

* Four copies Form G325A for myself

* One ADIT photograph of myself

* Four copies Form G325A for my wife

* One ADIT photograph of my wife

* One copy of original certified copy of our marriage certificate

* One copy of original certified copy of the official translation of our marriage certificate

* two copies of notarized translations of last two apartment contacts showing joint residence for the last two years

* Three copies of Sworn affidavits from my mother, father and sister testify to our marriage and relationship

* Photographs of me and my wife together with family and friend over the last three years (about 89 pictures)

*One copy of my Evolution of Relationship letter detailing our ongoing relationship together

* One copy Copies of Airline tickets when we both traveled to my home in the US

* Copies Greeting Cards and accompanying envelopes from my family congratulating us on our marriage.

* Copies of my bank accounts over the last three years showing my banking activity in China

also following the I-130 guide from VJ. http://www.visajourney.com/content/i130guide1

So Far:

Get Single Certificate - Completed January 6 2012

[sppeng 0]

what happens if a change of address happens in the middle of this process?

our contract on this apartment ends in May and if we change apartments, will our notification reach the Consulate in time? what is the process, or do you think an e-mail would be sufficient notification and some calls would be sufficient?

anyone know regarding question 2?

2) I am China-born and became a USC through my parents when they naturalized. To my and their knowledge, I never received a certificate of citizenship. On the I-130 form under citizen through parents checkbox, there is a checkbox for "No" when asked to provide certificate of citizenship number. If I select this, will it be very likely she is rejected?

Edited January 8, 2012 by sppeng

[sppeng 0]

does anyone have any examples of affidavits for witnesses? I need our roommate to sign affidavit affirming my fiancee and I live together because I am not on the contract lease. (i moved in with her)

[Onggoy Diyos 8]

Hi All,

I'm a USC about to marry my Chinese fiancee of 1.5 years in Shanghai. I have a work visa in China good until end of June 2012 and have been in China working for over 1 year.

I want to file for DCF in beijing and have read http://www.visajourney.com/forums/topic/314704-dcf-beijing/ because I seem to fit this category and everythign I've ready said this is the fastest approach if done right.

1) a) However, since my salary is not very high in US terms (10,000 RMB a month), my parents have still been claiming me as dependent the past couple years. I recognize that this may be a problem. So when the time comes that I need to provide my 3 year tax return, how will this effect me? Do I need to file as Independent and pay some taxes, and will this negatively effect my wife's chances of getting approved? As this won't be needed until a couple months after I-130 is approved when the packets are sent. If I clear this up asap, would it be okay? Does anyone know the how long this would take with the IRS?

b) regarding my work visa, I actually started working for the company before I got the work visa, although it was in China. I was in Europe then, attending training and consulting on the firm's behalf. I got a work visa the first month I arrived back in China.

2) I am China-born and became a USC through my parents when they naturalized. To my and their knowledge, I never received a certificate of citizenship. On the I-130 form under citizen through parents checkbox, there is a checkbox for "No" when asked to provide certificate of citizenship number. If I select this, will it be very likely she is rejected?

3) I am about to start a new job in the US in the next couple months. From what I read this does not hinder me from applying for DCF while I"m still in China and there is no requirement for me to be in China after the submission. This is also a reason why I want to get the petition filed as soon as possible. Does this matter for DCF?

4) Do all documents need to be translated into English/Chinese? For example, if I have e-mails/cards from friends on congratulating the marriage.

I'll do my rough draft of everything and make another post of everything for you experienced guys to help advise.

Thanks in advance for helping with my random questions. I'll try to come back with some more structure once I see some of your feedback. I'd like to start a timeline here of my visa progression. Really wish I can be as successful and fast as the guy in the link above. I'm really worried the tax things gonna get me.

Yes, you would obviously file at the embassy.

The USA poverty level does not change, regardless of what nation you reside. If you and your spouse don't make enough or have enough savings, just have your parents, relatives, friends, anyone co-sponsor.

What does translating e-mails and cards have to do with a visa application???

[Onggoy Diyos 8]

Hi All,

I'm a USC about to marry my Chinese fiancee of 1.5 years in Shanghai. I have a work visa in China good until end of June 2012 and have been in China working for over 1 year.

I want to file for DCF in beijing and have read http://www.visajourney.com/forums/topic/314704-dcf-beijing/ because I seem to fit this category and everythign I've ready said this is the fastest approach if done right.

1) a) However, since my salary is not very high in US terms (10,000 RMB a month), my parents have still been claiming me as dependent the past couple years. I recognize that this may be a problem. So when the time comes that I need to provide my 3 year tax return, how will this effect me? Do I need to file as Independent and pay some taxes, and will this negatively effect my wife's chances of getting approved? As this won't be needed until a couple months after I-130 is approved when the packets are sent. If I clear this up asap, would it be okay? Does anyone know the how long this would take with the IRS?

b) regarding my work visa, I actually started working for the company before I got the work visa, although it was in China. I was in Europe then, attending training and consulting on the firm's behalf. I got a work visa the first month I arrived back in China.

2) I am China-born and became a USC through my parents when they naturalized. To my and their knowledge, I never received a certificate of citizenship. On the I-130 form under citizen through parents checkbox, there is a checkbox for "No" when asked to provide certificate of citizenship number. If I select this, will it be very likely she is rejected?

3) I am about to start a new job in the US in the next couple months. From what I read this does not hinder me from applying for DCF while I"m still in China and there is no requirement for me to be in China after the submission. This is also a reason why I want to get the petition filed as soon as possible. Does this matter for DCF?

4) Do all documents need to be translated into English/Chinese? For example, if I have e-mails/cards from friends on congratulating the marriage.

I'll do my rough draft of everything and make another post of everything for you experienced guys to help advise.

Thanks in advance for helping with my random questions. I'll try to come back with some more structure once I see some of your feedback. I'd like to start a timeline here of my visa progression. Really wish I can be as successful and fast as the guy in the link above. I'm really worried the tax things gonna get me.

Yes, you would obviously file with the consulate.

The USA poverty level does not change, regardless of what nation you reside. If you and your spouse don't make enough or have enough savings, just have your parents, relatives, friends, anyone co-sponsor.

What does translating e-mails and cards have to do with a visa application???

Edited January 13, 2012 by Onggoy Diyos

[sppeng 0]

New question:

If I file in Beijing, is it necessary for both people to be there in person? Can I go myself and just have the wife's HUKOU/Passport/SHENFENZHENG?

I e-mailed the beijing office and they just directed me to http://travel.state.gov/visa/immigrants/immigrants_5254.html which doesn't really answer the question.

If you have evidence of this answer some where, could you please send me a link?

Thanks

Sicheng