When is evidence of income at home required?

[dakelei 3]

Sorry in advance if this is an utterly moronic question but hopping from one web page to another trying to find things out is driving me sorta batty. Within the next few weeks my new Chinese wife and I plan to go to Guangzhou, I-130 in hand, to begin the DCF process and get her a green card. We are not in any particular hurry but would really like to be able to head to the USA in July, 2014 when my current job contract expires. I've been living full time in China for 7 years now and therefore have no assets in the USA and no job. When we arrive at home there will be jobs aplenty for both my wife and myself because I live in a shore town where there are a lot of summer jobs. (Most are crummy and don't pay a lot, mind you, but they are there.) My mother really wants us to live with her because she is now 78 and is having more and more trouble living alone. My wife is fine with this as am I. My question is thus: At what point in the DCF process do I need to produce proof of income? I've no doubt both of us will find work easily when I arrive home. When would I need to produce proof of this? My understanding is an affidavit from an employer promising me a job that pays at least 125% of the poverty level is all that is required. If, however, I need this affidavit right now I don't have it. I would be able to procure it by the time my wife's interview is scheduled, however. One more thing: If both of us have promises of employment that together earn enough to qualify as 125% of the poverty level, is that OK?

I do not want to ask anyone to co-sponsor my wife because it seems like an awful lot of responsibility but if it needs to be done I can do it.

[Harpa Timsah 13,263]

You need it at your interview, and no, a promise of a job won't be good enough, sorry.

[stevie b 141]

the domicile piece will be necessary as well

[dakelei 3]

I'm a bit lost here. What kind of evidence IS needed if a promise of a job and a place to live isn't enough?

[stevie b 141]

I'm a bit lost here. What kind of evidence IS needed if a promise of a job and a place to live isn't enough?

actual income not a promise of a job

proof of employment is needed not proof of a job offer

for domicile head to the advance search tool and start reading up

[lost_at_sea 995]

If you don't yet have income, you can use a joint sponsor (but this will still require you to prove domicile as petitioner). See the I-864, which is the form you complete for financial sponsorship. You'll see evidence required to go with it is tax returns - so as you are not yet working, you do not yet have the required evidence (and if you just started a job after this tax year's return, you'd supply tax returns, plus state this years income, plus include some pay-stubs/employment letter to prove that you really are earning that much this year).

As for domicile - it's not that hard. The Department of States gives some information, and your own embassy may be able to advise on what evidence they require.

http://travel.state.gov/visa/immigrants/info/info_3183.html#3

Note:

Can a U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States be a sponsor?

No, the law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States.

and then

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

Having kept your voting record live, a US driving licence, bank accounts open etc. help towards showing you intended to keep a US domicile and will take one back up, too.

I hope you've also been filing your tax returns while abroad.

Edited September 15, 2013 by lost_at_sea

[Harpa Timsah 13,263]

Take note there is a difference between saying that you never abandoned domicile (which I think you have) and planning to reestablish domicile. For planning to reestablish domicile, a job offer will be a good thing.

For the sponsorship to get the visa, though, you will need a co-sponsor or assets (valued at 3 times the yearly required income).

[Darnell 8,480]

I-864 submittal into GUZ IV, although the absolute latest date for this is the actual interview day.

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If you have one more year left on a work contract in China, I suggest you file the I-130 around March or April, 2014. Ah - i see you want to 'travel' in July 2014,

so

suggest you file the week after Chinese New Year.

Why? The end game - approval, visa in passport - you have 6 months from medical exam date to travel to the USA.

[Darnell 8,480]

I'm a bit lost here. What kind of evidence IS needed if a promise of a job and a place to live isn't enough?

There are two paths to choose:

1. evidence of existing domicile or

2. evidence of re-establishing domicile .

I think, for you, you'll be choosing option 2.

The expats in Canada have this problem, and write of it, over at

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Suggest you read the first 3 pages and the last 10 pages, there (for the current approaches)

TECHNICALLY, you could file the I-130 and return to USA (not the two of you, just you, the USCitizen) and do stuff to re-establish yer domicile, making hard-copy proof along the way. That doesn't break your clock for time-in-China. If leaving the country is some issue for you, then do what you can to prove up #2 from my smallish list, above.

However - you have some time - as the proof is evaluated on interview day - so - keep that in mind - it's not worth a freak-out this week or next.

You write of living with your mother - is best to get a letter, signed by her, notarized, in your wife's hand, covering this.

You write of temporary jobs in summer time 2014 - bear in mind you will need written proof of a job offer with hire date listed, signed by someone in the H.R. department of that company that made the offer.

IMO, if it's just you and your wife, showing cash assets of 65,000 usd in a usa bank account, with a letter from mom about living with her - would be the minimal 'stuff' to submit on interview day.

Edited September 15, 2013 by Darnell

[dakelei 3]

@Darnell said: "You write of living with your mother - is best to get a letter, signed by her, notarized, in your wife's hand, covering this. "

Can I correctly assume this is a mistake and you meant to say "in your mother's hand" instead? I'm confused as to why my wife would write this letter. Getting my mother to write a letter saying I'll be living with her is no problem at all.

I have not lived in the USA full time since April, 2006, though I did visit twice briefly in the summer of 2011 and 2013. I've been working and living here in China. How can I be expected to return to a job after seven years? There is obviously no job to return to. I'm going to need a new job. So, is a notarized letter from my new boss saying, in effect, "Chris will be working for me at such and such a salary..." good enough? $65,000 may as well be a million. I have nowhere near that.

Next, my mother has readily agreed to be my wife's co-sponsor. (She really wants me to go home and live with her.) She owns her home but her present "income" is her monthly social security check. After some calculations I have concluded it qualifies as 125% of the poverty level for a family of 2, but NOT of 3. This might be a stretch but is that good enough?

[Harpa Timsah 13,263]

Yes, he means your mom's hand.

You will need to show them that you have made serious plans for moving back to the US and life will be reasonably set-up once you get there, based on your planning.

[Darnell 8,480]

1. @Darnell said: "You write of living with your mother - is best to get a letter, signed by her, notarized, in your wife's hand, covering this. "

2. Can I correctly assume this is a mistake and you meant to say "in your mother's hand" instead? I'm confused as to why my wife would write this letter. Getting my mother to write a letter saying I'll be living with her is no problem at all.

3. I have not lived in the USA full time since April, 2006, though I did visit twice briefly in the summer of 2011 and 2013. I've been working and living here in China. How can I be expected to return to a job after seven years? There is obviously no job to return to. I'm going to need a new job. So, is a notarized letter from my new boss saying, in effect, "Chris will be working for me at such and such a salary..." good enough? $65,000 may as well be a million. I have nowhere near that.

4. Next, my mother has readily agreed to be my wife's co-sponsor. (She really wants me to go home and live with her.) She owns her home but her present "income" is her monthly social security check. After some calculations I have concluded it qualifies as 125% of the poverty level for a family of 2, but NOT of 3. This might be a stretch but is that good enough?

1. replace 'in' with 'into' and yer golden.

2. yup. your wife must show it on interview day, hence the 'into your wife's hand' comment.

3. sorry, all expats face this scrutiny - did you read the contents of the link I posted ? Returning expats from Canada have the exact same problem, and address it in the same way that you'll need to - hence the link for what the Canadien Contingent has written. Click/Read, please. re: employment letter - not need to be notarized, but does need to be on company letterhead, signed by the owner or the H.R. Rep.

4. co-sponsers are cool, and skew all. Sometimes, in a good way. so, that's one I-864 on you, and one I-864 on your mother. Usually, W-2 income is looked at, but that's not w-2 income on your mom. So, your count on your I-864, is 2 humans, you and your wife. The count on Mom's I-864 is 2, that's yer Mom and yer wife.

Go Get Em, and Good Luck ! ReRead what I wrote to you in my last post, about those 2 paths for domicile, and read through the contents of the link I provided.

[dakelei 3]

@Darnell: Thanks. Your information is quite helpful. I did read all the stuff at the links you sent me but just wasn't able to figure out how it connected to what I was asking. They didn't seem all that similar to me at first read but I think I get it now. It was all the "establishing domicile" terminology I wasn't quite grasping. I thought having a place to go to live and a means of financial support were two entirely separate things.

As it turns out I have a brother who has agreed to co-sponsor, too. Just got his email today telling me so. His income more than meets the threshold required and we're going to be fine. My siblings are all quite happy I am finally returning home to live after I've been in exile for so long and are very grateful my mother won't be living alone anymore when I get there. They'll therefore help in any way they can.

Just one more question: Will all these forms and affidavits I'll get from home need to be "hard copies" that have been mailed here or can they be scanned and emailed or faxed? I shudder to think of how long hard copies will take to get here to China from the USA. There have been several occasions when cards and letters sent to me here have simply never arrived. On one occasion I got a Christmas card on February 15. Kid you not.

[Darnell 8,480]

I-864 doc must have original signature, no scan allowed.

tax transcripts must be original ones (they not accept my copies on interview day)

letter from mom about living there - suggest original signature, with notary's original chop, no scan.

letter from the employer - unsure

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anything original, above? suggest shooting it out in a fedex international express pack - that's 8 ounces at 65 bucks. Guaranteed delivery and it takes 2 to 4 days. Can get discount when purchase online and drop off at fedex center (about 15 percent when I did it last week)

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re: domicile -

remember - it's one of two paths. Sure, is new terminology, but you have some time to learn it.

Let's blow out, disregard, path 1 for the moment (proof of existing domicile) as you don't have it. You'll be taking path 2, making proof of re-establishing domicile (this is a future event, 'ware the language, aye?)

[dakelei 3]

I'm starting to catch on to the lingo. Getting all original documents is going to be a pain in the butt but if it needs to be done I guess I'll have to do it. I'll just have my mother and brother work together and send everything at once.

I don't even know what "tax transcript" even means. Does it mean your original W-2 form? Doesn't the IRS have that?