I-864/Joint-sponsor/tax-records/liability

[Chen_Jie_Nan 0]

I graduated from college last year (2011) and then I came to China to be with my then girlfriend (wife now) and look for a career. It didn't pan out the way we wanted and I taught English for a year part-time to make ends meet. Now we want to give the US a try and just sent out the I-130 last week. Needless to say, because I just graduated last year and I didn't make any money to speak of I don't have tax-returns/transcripts from the previous year(s). I will be state-side in 2 weeks with a job meeting and exceeding the minimum poverty guidelines and I'm pretty sure I can obtain a letter of employment, but I'm not confident that my few months of income records (by the time she has the interview I will have income records) + letter of employment stand-alone will be enough to seal the deal with the interviewing officer. That being said I have been contemplating including my dad as a joint sponsor, but naturally I have a few queries:

-Is only his most recent tax transcript considered, an average of the most recent 3 years', or is it up to the consular officer?

-What do I need to include in my explanation about not filing taxes? Do I need to sign it or have it notarized?

-If my income records and LOP are deemed sufficient by the Consular officer will my dad still be legally liable for my wife?

Thanks in advance VJ!

[Darnell 8,480]

One of the cool things about the I-864, is that it's accepted during document intake after the casefile arrives at NVC.

IMO, you have time.

but to answer yer questions:

re: Dad - it's China, they want to see 3 years PLUS current income.

re:explanation about no taxes - why not file anyway, retro-actively, with the first set containing a W-7 form? Is great Evolution of Relationship evidence for later.

re: Dad Liability - she can withdraw HIS I-864 on interview day, but must ask the CO so to do.

I have a different thought for you...

You've lived legally in China, you are married in China, why not file the I-130 now via Direct Consular Filing, instead? Don't make the pond jump back to the states UNTIL the I-130 is approved. It'll shift yer plans by a month, but will see her in the USA by the end of year (2012). Yer doc set will be different, and you'll need to get yer Dad involved, but IMO, it's worth it..

[bigdog 377]

DCF is a great idea.

[pushbrk 14,251]

One of the cool things about the I-864, is that it's accepted during document intake after the casefile arrives at NVC.

IMO, you have time.

but to answer yer questions:

re: Dad - it's China, they want to see 3 years PLUS current income.

re:explanation about no taxes - why not file anyway, retro-actively, with the first set containing a W-7 form? Is great Evolution of Relationship evidence for later.

re: Dad Liability - she can withdraw HIS I-864 on interview day, but must ask the CO so to do.

I have a different thought for you...

You've lived legally in China, you are married in China, why not file the I-130 now via Direct Consular Filing, instead? Don't make the pond jump back to the states UNTIL the I-130 is approved. It'll shift yer plans by a month, but will see her in the USA by the end of year (2012). Yer doc set will be different, and you'll need to get yer Dad involved, but IMO, it's worth it..

He says he sent out the I-130 last week, so too late for DCF. If he has current income from a job he's had for a few months, that should be sufficient. A current pay stub is actually preferable to an employer letter for verification of income. The W7 idea is a good one but not critical, since he's been living in China with his bride, as long as his income is below the threshold for filing. No tax returns are needed if no tax returns were required to be filed. You simply hand write in the past tax return section, "Not required to file. Income below threshold." and rely on the current income.

Even with DCF, there's no requirement to remain abroad until the petition is approved. Are you really suggesting he blow off a job interview for a month?

[Chen_Jie_Nan 0]

He says he sent out the I-130 last week, so too late for DCF. If he has current income from a job he's had for a few months, that should be sufficient. A current pay stub is actually preferable to an employer letter for verification of income. The W7 idea is a good one but not critical, since he's been living in China with his bride, as long as his income is below the threshold for filing. No tax returns are needed if no tax returns were required to be filed. You simply hand write in the past tax return section, "Not required to file. Income below threshold." and rely on the current income.

Even with DCF, there's no requirement to remain abroad until the petition is approved. Are you really suggesting he blow off a job interview for a month?

http://www.visajourney.com/forums/topic/71135-dcf-china-timing/

Since I read the reply to my comment about DCF I have been doing some research and I feel like I made a big mistake sending the I-130 directly to the U.S. given the processing time can be drastically reduced via DCF in GZ. I contacted the GZ consulate through their emailing system and they just directed me to their webpage, however, I did read a curious post from a few years ago from someone in a similar position (getting ready to go home but still pondering his eligibilty for DCF) in this link above.

Can I cancel my first application that I sent stateside (they still haven't sent me NOA1 or cashed my check) and just apply via DCF? I read in the link that as long as I apply before I leave China then we can apply for DCF. But I also heard that I have to get the I-130 approval before I leave. Which is it?

[Darnell 8,480]

you can apply in china, file the i-130, and then leave after it's approved.

no worries there.

be prepared to show proof of domicile,

or

intent to re-establish domicile

on interview day.

so, file via dcf this week or next,

then when you get to USA, withdraw the I-130 with USCIS, leaving the I-130 filed in China intact.

[pushbrk 14,251]

you can apply in china, file the i-130, and then leave after it's approved.

no worries there.

be prepared to show proof of domicile,

or

intent to re-establish domicile

on interview day.

so, file via dcf this week or next,

then when you get to USA, withdraw the I-130 with USCIS, leaving the I-130 filed in China intact.

Why do you think he needs to stay until the petition is approved?

[Chen_Jie_Nan 0]

If I cancel the petition that I sent to the Chicago lockbox by putting a stop on payment, will it ever be registered in the system or will it just stop dead in the water? My point is that I don't want my petition that I sent to Chicago to conflict with the one that I file in GZ. I think that if I put a stop on payment for the check that I included they won't process it any further, does this sound right? Would I still need to cancel that petition by other means (a letter)? When I go to petition in person in GZ should I tell them about the Chicago petition before I begin the process?

[pushbrk 14,251]

If I cancel the petition that I sent to the Chicago lockbox by putting a stop on payment, will it ever be registered in the system or will it just stop dead in the water? My point is that I don't want my petition that I sent to Chicago to conflict with the one that I file in GZ. I think that if I put a stop on payment for the check that I included they won't process it any further, does this sound right? Would I still need to cancel that petition by other means (a letter)? When I go to petition in person in GZ should I tell them about the Chicago petition before I begin the process?

Stopping payment will not withdraw the petition. The check and the rest of the file are separated before they would know it the check clears. You could stop payment AND send a letter to withdraw the petition.

[Darnell 8,480]

is ok to file via dcf into uscis BeiJing or Guangzhou

AND

have a casefile at USCIS in the USA

at the same time.

Not need to wait on one or the other.

HOWEVER - is best to cancel the one at USCIS.

You probably want to stop payment on the check, but that won't cancel the petition.

You'll need to withdraw it, via letter, into USCIS in the USA.