RandyW

The law states that an immigrant who HAS a job in the US above the required income level does not need to have an I-864 filed on their behalf. Talk to your lawyer about what this means about the "intent of Congress".

I don't at all believe that this is settled law - again, my advice is to get a VERY competent attorney who is willing to argue these issues. Repeating my last comment here - "I see it as only a financial Affidavit of the ability to support an intending immigrant at the time of immigration." AND the I-864 regards only the ability of the sponsor to maintain ONE household. But, yes - judgments are awarded and enforced through the court system. NO ONE should assume that they are required to pay anything, unless it is awarded to the immigrant in court. The earning capacity of the immigrant can and should be taken into consideration.

This paper says about its conclusion - It's not clear that "the intent of Congress" can be read into the I-864 like that. I see it as only a financial Affidavit of the ability to support an intending immigrant at the time of immigration. But, yes - it DOES say that the immigrant and the United States government can sue.

This judgement was awarded as "spousal support". The I-864 was simply used as a guidleine to determine the amount of spousal support. The I-864 itself does not award ANYTHING to the immigrant. When faced with these issues, get yourself a VERY competent attorney.

The I-864 is regarding your ABILITY to support ONE household (including the immigrant) at 125% of the poverty level. As long as you have maintained that level of income, you are continuing to satisfy the I-864. Anything BEYOND that ( such as supporting a SECOND household which the immigrant may now be residing in) is outside the scope of the I-864. DO NOT assume that the I-864 requires ANY payment from you. It does not. Discuss the matter with a competent attorney. Yes, you can be sued. That is all the I-864 says.

The June 2023 Visa Bulletin shows a priority date of 08APR07 for Category (F4) Brothers and Sisters of Adult U.S. Citizens, CHINA-mainland born. That indicdates roughly a 16 year wait. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-june-2023.html

ALSO - reference the US Dept. of State reciprocity schedule for Taiwan. The Exceptions and Comments that I quoted above came from that under "Birth, Death, Burial Certificates". https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Taiwan.html The South American countries should have equivalent policies that those lawyers MAY be able to tell you about.

from the United States Dept. of State reciprocity tables on Taiwan - Exceptions: Records on Chinese who came to Taiwan from mainland China after World War II date back only to the date they first applied for registration with the local Office of Household Registration and are based on information provided by the applicant. Comments: Immigrant visa applicants are required to submit a current Household Registration Record as well as a birth certificate. Applicants who are unable to obtain their birth certificate – for example, those born in Taiwan during the Japanese occupation that ended in 1945, or those who came from mainland China following WWII — may provide their initial Household Registration Record as an alternative to the birth certificate. If there is no obtainable record of his birth in China ( as it seems may be the case), then it seems that the Taiwan hukou serves as his birth record and that Taiwan does not produce a notarial certificate. The US government accepted his "certified Taiwan hukou" - I expect that his target South American country will also, especially if the certification includes an English translation of the record of his birth - that is exactly what the Chinese notarial certificate of birth is. No - Taiwan is NOT "part of China" for this purpose. It sounds like the record of his existence was first established in Taiwan, even if there is possibly an older hukou book somewhere (unlocatable) in China.

The hukou record IS China's official record of his birth. From this hukou record, the notarial certificate of birth is produced at a notarial office in China. This IS an official Chinese certificate of birth. DO NOT attempt to fabricate your own interpretation of a "birth certificate". It WILL be rejected. Medical certificates of Birth - those issued at the time of birth were not issued before 1994. The Notarial Certificate of Birth, issued from information contaioned in the hukou book, serves this purpose. The notation on the notarial birth certificate is 出生公证书, or chu sheng gong zheng shu, which is what you need to ask for at the Gong Zheng Chu, or 公证处֤֤֤.

"China" does not maintain police records for Macau - they need to be submitted separately.

If she were to return to China on her Chinese passport, she would need a visa (for America) in that passport when exiting China. If she were to travel on her American passport, she would need a visa to enter China. When applying for that visa, the Chinese consulate would notice her birthplace in China and ask her to submit the Chinese passport, which would then be voided. That is the typical scenario for Chinese who naturalize as American citizens.

Mike (pushbrk) is correct - the whole idea of what to send in is muddied - transcripts are NOT necessary. Especially in a case like this, where the original poster may consider DELAYING his filing and is apparently wondering whether "2022 is still "missing" .... is it OK with NVC?". No, it's NOT okay. As of April 15, you should include a "Complete copy of Tax Return including W2 and 1099 forms" if 2022 tax return transcripts are not available.

Well, yes - that's exactly why I try to point that out whenever anyone is thinking about delaying filing because they think they NEED the transcripts. What goes around simply CONTINUES going around. But yes - it doesn't hurt to be completely specific.

You should have copies of your returns. You can submit those. Transcripts are NOT required unless you are specifically requested to submit those. They are interested in your INCOME, which is indicated on the tax return.

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