I-864 and DS-260 Questions

[Daniel L 0]

My wife (Chinese) is applying for an IR-1 visa, I'm sponsoring her.  The I-130 was recently approved.  I'm working on the I-864 and I have a few questions and things I'd like to confirm.

1. I live in China with her.  When and how should I submit proof of domicile?  'Additional AOS Supporting Documentation' in CEAC?

2. Does the I-864 and/or supporting documents need to be notarized?  The internet says no but I found a USCIS page that says yes.

3. My wife's mailing address should be in the States right?  We used my mom's house for the I-130.

4. Do I have to use a US phone number on I-864?

5. My US income isn't enough (I work in China) so my mom is joint sponsoring.  Her income is only from land sales and rent not a job, could this pose a problem?

6. In part 5 I should leave number 3 'spouse' as zero because she was already counted as the person I'm sponsoring right?  That way the household is 2.

 

For DS-260

1. Can there be gaps in the employment history?  How long can a gap be?

2. Time periods covered by education don't have to be covered in employment history right?  It would be a gap.

 

Sorry if these have been answered previously.

[Mike E 11,727]

1. The “when” is up to you, but NVC will not schedule an interview until there is enough evidence you plan yo have U.S. domicile.   The “how”:

* U.S. state ID / DL

* U.S. bank account

* U.S. mobile phone number

* U.S. lease or deed on a home

* U.S. job offer

* U.S. car registration

 

2. No. Please share the USCIS link

 

3. If that works better for her, sure.

 

4. No

 

5. Yes. DoS prefers to see steadily increasing W-2 income. Capital gains from one off land sales will not be convincing.  This strikes me as the most difficult joint sponsor I have seen.

 

6. Correct

 

1. Yes. No limit. Tell the truth. 

 

2. There can be gaps and/or overlaps. Tell the truth.

[Daniel L 0]

16 minutes ago, Mike E said:

1. The “when” is up to you, but NVC will not schedule an interview until there is enough evidence you plan yo have U.S. domicile.   The “how”:

* U.S. state ID / DL

* U.S. bank account

* U.S. mobile phone number

* U.S. lease or deed on a home

* U.S. job offer

* U.S. car registration

 

2. No. Please share the USCIS link

 

3. If that works better for her, sure.

 

4. No

 

5. Yes. DoS prefers to see steadily increasing W-2 income. Capital gains from one off land sales will not be convincing.  This strikes me as the most difficult joint sponsor I have seen.

 

6. Correct

 

1. Yes. No limit. Tell the truth. 

 

2. There can be gaps and/or overlaps. Tell the truth.

For question one I mean literally, how do I submit proof of domicile?  Not what documents I can use.  I don't see a proof of domicile upload category in CEAC.  Should I just upload it in  'Additional AOS Supporting Documentation' in CEAC when I submit the I-864?

[Mike E 11,727]

4 minutes ago, Daniel L said:

For question one I mean literally, how do I submit proof of domicile?  Not what documents I can use.  I don't see a proof of domicile upload category in CEAC.  Should I just upload it in  'Additional AOS Supporting Documentation' in CEAC when I submit the I-864?

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/financial-evidence-assistant.html.html

 

Outcome

Please submit an IRS tax transcriptfrom the most recent tax year, which can be processed more efficiently than a copy of a tax return.  Alternatively, you may submit a complete copy of a filed tax return from the most recent tax year. In addition, please submit:

• Evidence of Income
• Proof of Domicile
• Proof of Assets you may choose to use

Please refer to the Financial Evidence table for a detailed explanation for each item.

 

[pushbrk 12,253]

8 hours ago, Daniel L said:

My wife (Chinese) is applying for an IR-1 visa, I'm sponsoring her.  The I-130 was recently approved.  I'm working on the I-864 and I have a few questions and things I'd like to confirm.

 

5. My US income isn't enough (I work in China) so my mom is joint sponsoring.  Her income is only from land sales and rent not a job, could this pose a problem?

You have good answers already, but I feel the need to address your number 5 more completely.

 

Yes, this can pose problems, but might not.  A "landlord" and real estate investor often shows a negative income on their tax return.  THAT would be a problem.  To determine whether your mom qualifies, you need to look at her most recent tax return, and find the "total income" line.  If it is a positive number clearly over the amount needed, no problem.

 

She's self employed, so  her "current income" will come from that line on the first page of a lengthy tax return.  Do not confuse her total revenue with income.  Income is what's left over after she takes legitimate deductions, like depreciation and other direct expenses.  

[Daniel L 0]

It's from a farm sale that will continue being paid off for 20-25 years and the total income, not revenue, is well over the line.  I guess in this circumstance it would be fine？  Another family member has already agreed to sponsor in place of my mom, he has more than enough income through an ordinary job.  I suppose either one would be fine？ Please tell me your thoughts.

 

I also wanted to ask if we need to bring the joint sponsor's original birth certificate/id to the interview？  It seems they want you to bring all originals to the interview but I'm hesitant to ask for a family member's original birth certificate or something.

Edited August 22, 2023 by Daniel L

[Mike E 11,727]

1 hour ago, Daniel L said:

It's from a farm sale that will continue being paid off for 20-25 years and the total income, not revenue, is well over the line.

This sounds like a seller financed loan.

 

The interest from payments is income. The principal is not: it adds to her assets. 

1 hour ago, Daniel L said:

 

 

I guess in this circumstance it would be fine

The problem  is that the nature of loan amortization is that income declines over time. So ideally for you, the principal is invested, and it produces investment returns.

1 hour ago, Daniel L said:

 

I also wanted to ask if we need to bring the joint sponsor's original birth certificate/id to the interview？ 

It is possible this will be required.

[pushbrk 12,253]

1 hour ago, Daniel L said:

It's from a farm sale that will continue being paid off for 20-25 years and the total income, not revenue, is well over the line.  I guess in this circumstance it would be fine？  Another family member has already agreed to sponsor in place of my mom, he has more than enough income through an ordinary job.  I suppose either one would be fine？ Please tell me your thoughts.

 

I also wanted to ask if we need to bring the joint sponsor's original birth certificate/id to the interview？  It seems they want you to bring all originals to the interview but I'm hesitant to ask for a family member's original birth certificate or something.

Provided the "income" you mention appears on the "total income" line of her 1040, I think you'll be fine with mom, in this circumstance.  BUT, the devil is in the details.  Look at that 2022 tax return if you haven't already. 

 

Photocopies are fine for joint sponsor supporting documentation.

Edited August 23, 2023 by pushbrk

[pushbrk 12,253]

Just some extra about documents like birth certificates.  Pretty much, (if not definitely) worldwide, "Original" Birth, Marriage, Divorce, etc. certificates are the property of the government agency that issues them.  The best the named person or other person can get is an "Original Certified Copy".  To USCIS and NVC, photocopies or scans, of that Certified Copy are what gets submitted or uploaded.   For "originals" at the interview, they would be original "Certified Copies", meaning one could have several.  Not need to take somebody's one and only "Original Birth Certificate" to an interview, because that's not what it is anyway.

 

A different document given to parents by hospitals, is just a souvenir, useless in this context.

[Daniel L 0]

Thanks for your answers pushbrk and Mike E.  I have a few more questions *facepalm*

1. Is proof of employment needed for form I-864?  The form instructions don't mention it but it says here under 'How to File an Affidavit of Support' it is needed: https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

2. Is the ID card (Shen Fen Zheng) one of the required civil documents?  I just hadn't seen it mentioned before.  It's listed on the Civil Documents by Country page, but it's not listed in the Guangzhou consulate page listing required documents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html

3. My wife's English name is April, she's never used it on anything official, but my family know her as April.  It could be considered a nickname.  Do we need to add it to DS-260?  And if so do we need a certified alias certificate as mentioned under Pre-Interview Checklist -> Birth Certificate here: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/GUZ-Guangzhou.html

4. The full course of the covid vaccine must be completed before the interview (this can be found under Medical Exam in the Guangzhou link above), so would there be an issue with getting the covid vaccine on our own now, and keeping the documentation to bring to the medical exam?  And if so, does the proof of vaccine need an English translation?  She doesn't have a record of any vaccinations, so she'll need to get all the others at the exam.

[Troy B 223]

41 minutes ago, Daniel L said:

Thanks for your answers pushbrk and Mike E.  I have a few more questions *facepalm*

1. Is proof of employment needed for form I-864?  The form instructions don't mention it but it says here under 'How to File an Affidavit of Support' it is needed: https://www.uscis.gov/green-

/green-card-processes-and-procedures/affidavit-of-support

2. Is the ID card (Shen Fen Zheng) one of the required civil documents?  I just hadn't seen it mentioned before.  It's listed on the Civil Documents by Country page, but it's not listed in the Guangzhou consulate page listing required documents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/China.html

3. My wife's English name is April, she's never used it on anything official, but my family know her as April.  It could be considered a nickname.  Do we need to add it to DS-260?  And if so do we need a certified alias certificate as mentioned under Pre-Interview Checklist -> Birth Certificate here: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/GUZ-Guangzhou.html

4. The full course of the covid vaccine must be completed before the interview (this can be found under Medical Exam in the Guangzhou link above), so would there be an issue with getting the covid vaccine on our own now, and keeping the documentation to bring to the medical exam?  And if so, does the proof of vaccine need an English translation?  She doesn't have a record of any vaccinations, so she'll need to get all the others at the exam.

The Affidavit of Support is the i-864 form.  If you do not have a job that will continue when you move to USA,  you list 0, and are relaying on the joint sponsor.

regarding 3 i would definitely list it as an alias on the DS-260.   About 4, the medical exam will take place in China,  so no need for an english translation.   Typically at the NVC stage and Interview documents can be in English or the local language.  It's only USCIS that required English.

[pushbrk 12,253]

You cannot document employment that does not exist.  Your joint sponsor is self employed, so the tax return is the documentation needed. (or Tax Return Transcript)

 

The ID card is not a required document.  The passport is.

 

"Uses English name April" could be noted on forms or mentioned in the interview.  Guangzhou is familiar with this kind of thing, so no issue.

 

Panel physicians are able to determine what vaccinations she already has, without documentation, so she will not need to redo them.

[Daniel L 0]

9 hours ago, pushbrk said:

You cannot document employment that does not exist.  Your joint sponsor is self employed, so the tax return is the documentation needed. (or Tax Return Transcript)

 

The ID card is not a required document.  The passport is.

 

"Uses English name April" could be noted on forms or mentioned in the interview.  Guangzhou is familiar with this kind of thing, so no issue.

 

Panel physicians are able to determine what vaccinations she already has, without documentation, so she will not need to redo them.

Thank you for your replies pushbrk and Troy B.

 

Regarding the proof of employment, we decided to ask my brother to help, I forgot to specify that, sorry.  He does have a regular job.  Here: https://berardiimmigrationlaw.com/five-common-mistakes-completing-864/ in number 1 it says you should include an employmemt verification letter and pay stubs if the current annual income is higher than last year's reported income.  But the I-864 instructions just say it's optional, and don't mention that condition.  Comments？

[Troy B 223]

6 hours ago, Daniel L said:

Thank you for your replies pushbrk and Troy B.

 

Regarding the proof of employment, we decided to ask my brother to help, I forgot to specify that, sorry.  He does have a regular job.  Here: https://berardiimmigrationlaw.com/five-common-mistakes-completing-864/ in number 1 it says you should include an employmemt verification letter and pay stubs if the current annual income is higher than last year's reported income.  But the I-864 instructions just say it's optional, and don't mention that condition.  Comments？

 

I did not include an employment verification letter,  but i also used a paystub from May which included the totals from the current year to that date, and i have been at this job for multiple years.

[pushbrk 12,253]

13 hours ago, Daniel L said:

Thank you for your replies pushbrk and Troy B.

 

Regarding the proof of employment, we decided to ask my brother to help, I forgot to specify that, sorry.  He does have a regular job.  Here: https://berardiimmigrationlaw.com/five-common-mistakes-completing-864/ in number 1 it says you should include an employmemt verification letter and pay stubs if the current annual income is higher than last year's reported income.  But the I-864 instructions just say it's optional, and don't mention that condition.  Comments？

Mixing your sources of information has a tendency to confuse.  You do need evidence of current income.  It CAN be a letter from an employer, but I've found that a recent pay stub, is even better.  Have the beneficiary, take a copy of a most current pay stub to the interview too.  Pay stubs are actually better evidence of employment than letters.  No need for both.  No need for six months of pay stubs either.  One, from a payroll service will show year to date income anyway.