K1 Visa: NVC to GUZ Questions

[Plaxerous 10]

The NVC produced my Case # on Aug 27 for me and my fiancee in China, only a week after they received my documentation! They told me to await an email with further instructions. Sorry for the plethora of questions...

1. My fiancee already has her red/white book and police certificate prepared. Is there anything else we can do ahead of time?
2. What's the difference between DS-160 and DS-260, and which one should we fill out?
3. I'm looking to switch jobs with a 3 week break in-between, which I'm planning to use to visit my fiancee in China, and we plan on scheduling her Guangzhou interview at the same time as my trip. However, I'm also planning to submit employment confirmation as part of Form I-134. Will the embassy care that the employment letter may be slightly outdated, and that I may not currently be employed?
4. How far in advance should the medical examination be scheduled ahead of the interview date?

[samnrong 52]

On 8/30/2019 at 4:57 PM, Plaxerous said:

The NVC produced my Case # on Aug 27 for me and my fiancee in China, only a week after they received my documentation! They told me to await an email with further instructions. Sorry for the plethora of questions...

1. My fiancee already has her red/white book and police certificate prepared. Is there anything else we can do ahead of time?
2. What's the difference between DS-160 and DS-260, and which one should we fill out?
3. I'm looking to switch jobs with a 3 week break in-between, which I'm planning to use to visit my fiancee in China, and we plan on scheduling her Guangzhou interview at the same time as my trip. However, I'm also planning to submit employment confirmation as part of Form I-134. Will the embassy care that the employment letter may be slightly outdated, and that I may not currently be employed?
4. How far in advance should the medical examination be scheduled ahead of the interview date?

1) You can fill out the DS-160. You need the DS-160 as the K-1 is a non-immigrant visa.

2) See answer to #1

3) Is your employment letter from your new employer and state your new salary (it is a bit hard to tell from the way you worded your question)? They are interested in your current salary, as they are looking towards the future. If letter is from new employer, being slightly outdated (a month or two) won't matter. If letter is from old employer, it's worthless. Get one from new employer.

4) Medical exam is good for 1 year, so you want to plan it alongside with your plans for coming to the US. You need to file AoS within 1 year of the medical to prevent having to get a new one stateside. Other than that it's up to you. Can schedule as far in advance as you want (note that you will only be able to schedule once you've received P4).

[Plaxerous 10]

On 9/2/2019 at 6:50 AM, samnrong said:

1) You can fill out the DS-160. You need the DS-160 as the K-1 is a non-immigrant visa.

2) See answer to #1

3) Is your employment letter from your new employer and state your new salary (it is a bit hard to tell from the way you worded your question)? They are interested in your current salary, as they are looking towards the future. If letter is from new employer, being slightly outdated (a month or two) won't matter. If letter is from old employer, it's worthless. Get one from new employer.

4) Medical exam is good for 1 year, so you want to plan it alongside with your plans for coming to the US. You need to file AoS within 1 year of the medical to prevent having to get a new one stateside. Other than that it's up to you. Can schedule as far in advance as you want (note that you will only be able to schedule once you've received P4).

Thanks for your response!

3. I can get an employment letter from both my old and new employer. The new employer letter will also have my salary as well. I'm worried that because the start date may occur after my fiancee's interview date, they might see me as financially unfit? If it helps, my annual salaries with both employers is many times above the federal poverty line...

[visafrompa 9]

On 9/2/2019 at 9:50 AM, samnrong said:

3) Is your employment letter from your new employer and state your new salary (it is a bit hard to tell from the way you worded your question)? They are interested in your current salary, as they are looking towards the future. If letter is from new employer, being slightly outdated (a month or two) won't matter. If letter is from old employer, it's worthless. Get one from new employer.

 

Actually, I don;t think so:

 

9 FAM 302.8-2  (U) PUBLIC CHARGE

 

"(e)  (U) To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules.  If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data)."

 

Computation of 9 FAM 302.8-2  (U) PUBLIC CHARGE is based initially off the prior years tax return/transcript.  If your 2018 return shows that you do not meet the 100% poverty guidelines you need supporting documentation to show assets.

 

While the I-129F does ask for CURRENT employer and income, the FAM clearly states the tax transcript is truly the most important document, if the IO has some reason to question your income, the secondary evidence is the letter: "or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data)."

 

So OP should use 2018's Income and get a letter from the new employer, although I don't believe that it will matter.  You either meet poverty guidelines or you don't

 

 

Edited September 4, 2019 by visafrompa

[RandyW 149]

The standard set out in the INA is for the Visa Officer to make a determination as to whether the intending immigrant might become a "public charge" while in the U.S.

Do your best to help them do their job.

 

[Plaxerous 10]

I think I'll just tell my fiancee to be really upfront about my situation and show them all of my tax forms and employment letters. Even if they think my new job has no bearing, the income I've already earned this year covers the FPL. Hopefully I'll be okay!

[SmallTownPA 71]

3 hours ago, Plaxerous said:

I think I'll just tell my fiancee to be really upfront about my situation and show them all of my tax forms and employment letters. Even if they think my new job has no bearing, the income I've already earned this year covers the FPL. Hopefully I'll be okay!

 

If you read the FAM its all based off your last years tax return/transcript (same information, but different places want different forms).  If they don't like the tax return then they look at SUPPORTING evidence, this would be the bank letters and letters from the employer.  I mean really, I can print a letterhead and put down anything I want.  But having your official tax transcripts from the IRS means its a third party that's been checked against W2's etc.

[Plaxerous 10]

Thanks for the response guys!

 

The CEAC website (US Department of State) indicates our case as "Ready" as of 09/03/2019, which was nearly a week ago, yet we haven't received P3(?) documentation yet. Is there a way we can schedule an interview without receiving the packet?

 

Additionally, we completed the DS-160 form. Where do we submit the application fee? Is it the same thing as the interview fee?

Edited September 10, 2019 by Plaxerous