Help me...

[phillip_Lily 0]

Hello, everyone. I have been working on trying to get a visa for my Chinese wife for a long time now (something like 2 years, give or take). Here's my situation:

I live in Dalian, China. I have been here for the past 5+ years. I met my wife working as an English teacher. We got married and she had to quit working because she got pregnant. We had our first child 15 months ago. I went through the process of making him an American citizen (success). This was done in Shenyang.

While starting that process, I decided to also start the process of getting an IV for my Chinese wife. Everything was going smoothly until they told us that we need a co-sponsor. She made it all the way up to the interview, and the officer told her that, aside from the co-sponsor, she also needed to submit some marriage certificate stuff.

Anyway... Her status is currently "awaiting additional paperwork"... The process started in Shenyang, then was moved to Guangzhou because they put her in the IV pile. I say "THEY PUT HER.." because I don't recall selecting the visa type on any of the paperwork that I submitted.

The officer told her at that time the using me as a sponsor wouldn't work (even though I DO make enough money to qualify) because my income will become zero after we leave China.

I can't leave my wife and newborn child here alone while I go to find work in the states. I just can't miss my child's life like that. That process would take too long. Even a month away from my family is too much.

I have been working on trying to find a co-sponsor. I have a very large family, so it was a long process of limiting them down. Unfortunately, I make more money here in China than most of my family does there (it's kind of sad). I make about 32k/year, which is a shame that they won't consider my income.

I have my father (doesn't work and is on disability and isn't required to file), and living with them is an older brother (makes about 19k/year, but is claiming 4 other people).

As far as my father goes, the interviewing officer told my wife that he was on disability, and it's considered government funds or some #######... But, I later sent an email asking something about that and they replied with the response saying that his income listed wasn't enough. I did specify in the email that his income was from disability. But the reply was more into how his listed income was too low (barely). QUESTION 1 ### So, if I include my brother's income with theirs???

I have also tried many other family members, and even friends. Needless to say, none of the rest even came close to qualifying.

However, the second option, is a friend working in the military. She makes 21k and has one child. The poverty level is like 23k for 3 people (friend, friend's child, my wife). BUT... she doesn't pay rent. She is also given allowance that goes to that, which wasn't included in her income. When she filed taxes, her gross income level was the 21k. QUESTION 2 ### I'm not sure how it works for people in the military, but would that make a difference with her not having to pay rent? QUESTION 3 ### Can she use that money to add to her income even if she doesn't list it on her taxes?

I have also considered trying to switch from an IV to a NIV (just to get us to the states and allow me time to find a job there and collect an income tax to then apply for the IV). QUESTION 4 ### But, since she has no job here and her bank account is empty, her mother lives in a completely different city, she has an American Husband and American Child, would they even allow her to get the NIV??? I have already paid so much money to get to where I am. I would hate to have to start over for the IV.

Aside from my income, I also have a small savings of about 10k, which I intend to use to get our life started in the states... If I can ever get past the DAMN CO-SPONSOR part!

I'm not really sure what other details to give. A lot has happened, and a lot of possible co-signers have ended up falling through the floor. QUESTION 5, 6, 7... ### Is there anything that I am missing here? Maybe a way around the co-sponsor part, or a process that I should try again?

Any comments or suggestion to anything I have said here would be highly welcomed. I have gone through a lot of frustration because of this whole process. I really want to go back to my home country and provide a better life for my family, but I WILL NOT leave my family here alone.

One other thing of possible note (or not): I have been attending college classes (online) since coming here, and I a very close to graduating, which only helps to push the urgency of the matter as I will need to begin repaying the financial aid.

The government will find it difficult collecting money from me when they won't let me go home...

[yachachiq12 43]

The joint sponsors you've tried to use simply do not earn enough to meet the poverty guidelines for the I-864, not to mention the fact that the consular officials are free to use their discretion in accepting the I-864. Without a suitable joint sponsor, you will need to return to the US and secure a job. Your earning potential means nothing for the affidavit of support. The amount you currently earn while domiciled in the US is what matters.

(Your friend in the military exceeds 100% of the poverty guideline, but that figure is only applied when the beneficiary is the actual relative of that person. As your joint sponsor and not the petitioner, I believe she would still need to fulfill the 125% requirement, which she does not. Also, your assets of 10k are not enough to cover the requirement, unfortunately.)

Go ahead and forget about trying to get through the non-immigrant visa process (K-3). You'd still be left with the burden of an affidavit of support before the visa could be issued.

Perhaps someone with Guangzhou-specific info will come along to clarify and correct (I'm looking at you, Darnell), but it seems you're making this more complicated than it is. Fulfill the requirements and get your family to the US, even if a couple months after you. Go through as much of the job search while abroad as possible, move back to the US to finish it up and turn around and file your I-864 with your first pay stub to see if it's sufficient evidence for them.

[phillip_Lily 0]

Go ahead and forget about trying to get through the non-immigrant visa process (K-3). You'd still be left with the burden of an affidavit of support before the visa could be issued.

Go through as much of the job search while abroad as possible, move back to the US to finish it up and turn around and file your I-864 with your first pay stub to see if it's sufficient evidence for them.

Thanks for your reply!

I: I figured that the only difference for going FOR the NIV would be that my income should be counted as I would technically still be keeping the job.

II: I have considered that, but aside from the fact that I would miss the HELL out of my son, if I were to do that, whose to say that the interviewing officer would even accept that? With the luck I've had to this point, nothing has shown to be easy! But, even if working a few months were enough, we would still have to wait the process of submitting the paperwork (which has already taken a looong time).

[aaron2020 11,652]

Thanks for your reply!

I: I figured that the only difference for going FOR the NIV would be that my income should be counted as I would technically still be keeping the job.

II: I have considered that, but aside from the fact that I would miss the HELL out of my son, if I were to do that, whose to say that the interviewing officer would even accept that? With the luck I've had to this point, nothing has shown to be easy! But, even if working a few months were enough, we would still have to wait the process of submitting the paperwork (which has already taken a looong time).

An non-immigrant visa is not going to work for your wife. A visitor visa would not work because she has the intent to immigrate. A K-3 would not work because it requires an Affidavit of Support.

I understand your desire not to be separated from your wife and child. Unfortunately, family separation is a fact of life during the immigration process. Practically everyone here is separate from a spouse, child, parent, or sibling. Some are separated for years, even decades. You'll have to make the choice as to whether being separated for a few months or a year is worth bring your wife to the US permanently.

Unfortunately, you can't change the system. You have to just accept some sacrifices during the immigration process.

If you don't have a qualified joint sponsor or if you don't earn 125% above the poverty level in the US, you are not going to qualify to bring your wife to the US. There is no way around this requirement.

Edited February 6, 2012 by aaron2020

[aaron2020 11,652]

Hello, everyone. I have been working on trying to get a visa for my Chinese wife for a long time now (something like 2 years, give or take). Here's my situation:

I live in Dalian, China. I have been here for the past 5+ years. I met my wife working as an English teacher. We got married and she had to quit working because she got pregnant. We had our first child 15 months ago. I went through the process of making him an American citizen (success). This was done in Shenyang.

While starting that process, I decided to also start the process of getting an IV for my Chinese wife. Everything was going smoothly until they told us that we need a co-sponsor. She made it all the way up to the interview, and the officer told her that, aside from the co-sponsor, she also needed to submit some marriage certificate stuff.

Anyway... Her status is currently "awaiting additional paperwork"... The process started in Shenyang, then was moved to Guangzhou because they put her in the IV pile. I say "THEY PUT HER.." because I don't recall selecting the visa type on any of the paperwork that I submitted.

The officer told her at that time the using me as a sponsor wouldn't work (even though I DO make enough money to qualify) because my income will become zero after we leave China.

I can't leave my wife and newborn child here alone while I go to find work in the states. I just can't miss my child's life like that. That process would take too long. Even a month away from my family is too much.

I have been working on trying to find a co-sponsor. I have a very large family, so it was a long process of limiting them down. Unfortunately, I make more money here in China than most of my family does there (it's kind of sad). I make about 32k/year, which is a shame that they won't consider my income.

I have my father (doesn't work and is on disability and isn't required to file), and living with them is an older brother (makes about 19k/year, but is claiming 4 other people).

As far as my father goes, the interviewing officer told my wife that he was on disability, and it's considered government funds or some #######... But, I later sent an email asking something about that and they replied with the response saying that his income listed wasn't enough. I did specify in the email that his income was from disability. But the reply was more into how his listed income was too low (barely). QUESTION 1 ### So, if I include my brother's income with theirs???

Your brother's income could be added to your father's income to meet the poverty level since your brother can be your father's household member. However, you would need to add the 4 other people that your brother is claiming. This increases the household size by 5 (your brother + 4 others) which increases the amount 125% income threshold.

I have also tried many other family members, and even friends. Needless to say, none of the rest even came close to qualifying.

However, the second option, is a friend working in the military. She makes 21k and has one child. The poverty level is like 23k for 3 people (friend, friend's child, my wife). BUT... she doesn't pay rent. She is also given allowance that goes to that, which wasn't included in her income. When she filed taxes, her gross income level was the 21k. QUESTION 2 ### I'm not sure how it works for people in the military, but would that make a difference with her not having to pay rent? QUESTION 3 ### Can she use that money to add to her income even if she doesn't list it on her taxes?

This could work. The folks with military connections on this board may be able to help you figure this out.

I have also considered trying to switch from an IV to a NIV (just to get us to the states and allow me time to find a job there and collect an income tax to then apply for the IV). QUESTION 4 ### But, since she has no job here and her bank account is empty, her mother lives in a completely different city, she has an American Husband and American Child, would they even allow her to get the NIV??? I have already paid so much money to get to where I am. I would hate to have to start over for the IV.

She is not going to qualify for a NIV. She will not qualify for a visitor visa because she has the intent to immigrate. She will not qualify for a K-3 because you would need to submit an AOS with adequate income that would ultimately satisfy the I-864.

Aside from my income, I also have a small savings of about 10k, which I intend to use to get our life started in the states... If I can ever get past the DAMN CO-SPONSOR part!

I'm not really sure what other details to give. A lot has happened, and a lot of possible co-signers have ended up falling through the floor. QUESTION 5, 6, 7... ### Is there anything that I am missing here? Maybe a way around the co-sponsor part, or a process that I should try again?

There is no way around the joint sponsorship if you don't have earnings that will continue after you return to the US. Meeting the poverty requirements is an absolute requirement.

Any comments or suggestion to anything I have said here would be highly welcomed. I have gone through a lot of frustration because of this whole process. I really want to go back to my home country and provide a better life for my family, but I WILL NOT leave my family here alone.

One other thing of possible note (or not): I have been attending college classes (online) since coming here, and I a very close to graduating, which only helps to push the urgency of the matter as I will need to begin repaying the financial aid.

The government will find it difficult collecting money from me when they won't let me go home... You are free to come home whenever. It is your foreign citizen spouse who lacks the permission to come to the US to live permanently.

[yachachiq12 43]

Thanks for your reply!

I: I figured that the only difference for going FOR the NIV would be that my income should be counted as I would technically still be keeping the job.

II: I have considered that, but aside from the fact that I would miss the HELL out of my son, if I were to do that, whose to say that the interviewing officer would even accept that? With the luck I've had to this point, nothing has shown to be easy! But, even if working a few months were enough, we would still have to wait the process of submitting the paperwork (which has already taken a looong time).

I: It doesn't work that way. For an affidavit of support for a K-3 visa you would still need income while domiciled in the US.

II: If you are through the process and they are just waiting on you to update your affidavit of support packet, then the visa should be given relatively quickly. Again, use your first pay stub and an employer letter.

At the end of the day, you're going to have to take a plunge and make a sacrifice somewhere if you can't find a joint sponsor. We all know it's difficult because we've all been there. I wish your family well.

Also, if you update your timeline, you might be able to get more specific info on how quickly you can get this all turned around...

[Darnell 8,480]

re: 'put her in Guangzhou'

sorry - ALL IV visas go through this - yer wife is seeking a CR-1 or IR-1 visa - only Guangzhou Immigrant Visa Unit handles those interviews, regardless of where the I-130 was taken (US Consulate, Chicago, Uncle Fred's pizza shop - doesn't matter)

re: Co-Sponser

I'm dreadfully sorry - you actually need to get one that'll match the monetary requirements. If it's not in yer family (sounds like massively not) then you must reach out a bit with your friends and acquaintences, a bit more than you've already done, to find the right person with the right amount of income.

Good Luck! Yer almost there !

[himher 634]

Hello, everyone. I have been working on trying to get a visa for my Chinese wife for a long time now (something like 2 years, give or take). Here's my situation:

I live in Dalian, China. I have been here for the past 5+ years. I met my wife working as an English teacher. We got married and she had to quit working because she got pregnant. We had our first child 15 months ago. I went through the process of making him an American citizen (success). This was done in Shenyang.

While starting that process, I decided to also start the process of getting an IV for my Chinese wife. Everything was going smoothly until they told us that we need a co-sponsor. She made it all the way up to the interview, and the officer told her that, aside from the co-sponsor, she also needed to submit some marriage certificate stuff.

Anyway... Her status is currently "awaiting additional paperwork"... The process started in Shenyang, then was moved to Guangzhou because they put her in the IV pile. I say "THEY PUT HER.." because I don't recall selecting the visa type on any of the paperwork that I submitted. Funny. You said you started the process of obtaining an immigrant visa but dont recall selecting the visa type.

The officer told her at that time the using me as a sponsor wouldn't work (even though I DO make enough money to qualify) because my income will become zero after we leave China. The instructions say the same thing.

I can't leave my wife and newborn child here alone while I go to find work in the states. I just can't miss my child's life like that. That process would take too long. Even a month away from my family is too much. You always have the option of staying in China with your family

I have been working on trying to find a co-sponsor. I have a very large family, so it was a long process of limiting them down. Unfortunately, I make more money here in China than most of my family does there (it's kind of sad). I make about 32k/year, which is a shame that they won't consider my income.

I have my father (doesn't work and is on disability and isn't required to file), and living with them is an older brother (makes about 19k/year, but is claiming 4 other people).

As far as my father goes, the interviewing officer told my wife that he was on disability, and it's considered government funds or some #######... But, I later sent an email asking something about that and they replied with the response saying that his income listed wasn't enough. I did specify in the email that his income was from disability. But the reply was more into how his listed income was too low (barely). QUESTION 1 ### So, if I include my brother's income with theirs???

I have also tried many other family members, and even friends. Needless to say, none of the rest even came close to qualifying.

However, the second option, is a friend working in the military. She makes 21k and has one child. The poverty level is like 23k for 3 people (friend, friend's child, my wife). BUT... she doesn't pay rent. She is also given allowance that goes to that, which wasn't included in her income. When she filed taxes, her gross income level was the 21k. QUESTION 2 ### I'm not sure how it works for people in the military, but would that make a difference with her not having to pay rent? QUESTION 3 ### Can she use that money to add to her income even if she doesn't list it on her taxes?

I have also considered trying to switch from an IV to a NIV (just to get us to the states and allow me time to find a job there and collect an income tax to then apply for the IV). QUESTION 4 ### But, since she has no job here and her bank account is empty, her mother lives in a completely different city, she has an American Husband and American Child, would they even allow her to get the NIV??? I have already paid so much money to get to where I am. I would hate to have to start over for the IV. You do not have to start over. You have to secure employment in the US before the IV application expires

Aside from my income, I also have a small savings of about 10k, which I intend to use to get our life started in the states... If I can ever get past the DAMN CO-SPONSOR part! Are you willing to pony up your 10K?

I'm not really sure what other details to give. A lot has happened, and a lot of possible co-signers have ended up falling through the floor. QUESTION 5, 6, 7... ### Is there anything that I am missing here? Maybe a way around the co-sponsor part, or a process that I should try again?

Any comments or suggestion to anything I have said here would be highly welcomed. I have gone through a lot of frustration because of this whole process. I really want to go back to my home country and provide a better life for my family, but I WILL NOT leave my family here alone.

One other thing of possible note (or not): I have been attending college classes (online) since coming here, and I a very close to graduating, which only helps to push the urgency of the matter as I will need to begin repaying the financial aid.

The government will find it difficult collecting money from me when they won't let me go home...

For an english teacher you did not read the guidelines or instructions very well. Your friend in the military can file as a co-sponsor at 21,000. The required income level for (3) is $23,162 and that is for her, her child, and your wife. This leaves you $2162 short.

You can make up the difference with (3X) the amount of cash or cash-equivalent assets. So, declare your $10,000, attach your affidavit to your co-sponsor's affidavit, and send it in.

If they do not accept it then you need to accept the fact that you must secure employment in the US before your wife can immigrate. You are not being prevented from booking a flight today for you and your child and returning to the US. Separation is tough. My wife and I were separated for (7) months while our paperwork was being filed and looking back it was worth it.

Cheers.