Brett Tapia

50 minutes ago, Crazy Cat said:

This is not a typical case.  I would contact AIT for instructions. They may or may not process the case locally.  She cannot live in the US before obtaining a valid immigrant visa.  Good Luck.

 

For clarity:  There is no official US embassy in Taiwan.  It is the American Institute in Taiwan.

 

 

Right, not official US embassy. Thanks for the advice. Cheers to you!

1 hour ago, Dashinka said:

Shouldn't as the I864 is done at the NVC stage.  If the consulate is handling it and telling you to fill out a new DS-260, you should be able to upload a new I864, but to be honest, I am very rusty as to the NVC stage.,

 

Maybe some other members like @Mike E or @Crazy Cat or @iwannaplay54 will chime in.

Thank you. 

1 hour ago, Dashinka said:

As others have already responded, entering the US with the intent to stay and adjust status is not an option for you.

 

That being said, it sounds like you are already in process to get a new spousal visa for your wife.  I am not sure what is meant by the "embassy reopened our case", are you both living in Taiwan, are you trying to get the original visa re-issued?

 

Without more information on that case, it is hard to determine if you need to file a new I130, but if you are doing something like a DCF, then no, you do not need a new I130 filed to USCIS.

 

Good Luck!

Thanks for reading. Embassy reopened means I returned my wife's passport with the expired IV in it, so they could stamp it (I forget the wording), then they reopened the case for us. 

Your comment got me thinking about the I-130 from a different angle, though. The Consulate here in Taiwan said after we returned the passport, the registration of her case 

would stay open for a year, and we have to update / resubmit the DS-260, and obtain all the documents to her case. Back when we first got the IV, there was a co-sponsor 

for the Affadavit of Support, but now we aren't using a co-sponsor. Do you know if we'd need to refile an I-130 if we change that element of our case? 

1 hour ago, powerpuff said:

~~ Topic moved from “Bringing family members of US Citizens to America “ to CR1/IR1 spousal visa forum as the spousal visa is the only option available to OP ~~
 

No. You need an immigrant visa in order to live in the US. Adjustment of status is not an option for you - that would be immigration fraud. You will have to follow the procedures for bringing a spouse from overseas like the rest. It seems like the consulate is open to working with your case, I would follow their instructions

Yes, haha, like the rest. Thanks, good advice, work with the consulate. 

3 hours ago, Vickys_Mom said:

You're asking if your wife can enter the United States as a visitor when you guys intend for her to permanently stay here and do her Adjustment of Status.  That's immigration fraud.  Don't do it.  It may seem like an easy way to bypass the wait, but it's the kind of stuff that causes problems later on.

 

If someone is already in the United States the rules are different.  My wife was here on a J-1 visa when we married and applied for her adjustment of status.

 

You may also have issues getting her a visitor's visa since she's already filed for an immigration visa.  When they see that she has an American husband, and that she's applied in the past, and that she has an active application...they may reject a visitor's visa for concern that your wife is actually trying to immigrate and wants to bypass the existing system.  Of course you can still try.  Just don't be too surprised if they reject it.

 

A new I-130 would likely be rejected because the current I-130 is still being processed.

 

My helpful comment is:  be patient.  At least you're there with her.  You will get through this.

 

Regards,

Vicky's Mom

Thanks a lot for the information and helpful comment! Cheers

2 hours ago, Joyoussinger said:

She cannot come on a visitor visa with the intention of adjusting status. That's immigration fraud.  Sometimes, it happens that someone is here on a tourist visa,  they meet someone, fall in love, and marry. They are able to adjust status because this wasn't their intention when they arrived. You have to be truthful about your intentions on arrival. 

Got it. Thanks for your time

Hello Everyone, 

Thanks ahead to anyone that has any knowledge of this topic and any advice or ideas.:) 

I'm my wife's sponsor and we are currently in Taiwan, where she is a resident. I couldn't include Taiwan income that won't continue when we move back to the States, so I had my dad fill out the I-864 as a joint sponsor. He is the sole earner, and my mom is a housewife. They both live together in American, and they file taxes jointly. My father's income (not assets) covers the amount necessary for sponsorship. After my wife's interview the embassy here (AIT) sent a request that my mom fill out an I-864A and sign. Does she count as a household member of the joint sponsor? Does anyone know why her I-864A form and signature is needed if her income is not needed to meet the minimum income requirement? 

Also, one other question, as my mom fills out the I-864A, does she fill in all the same financial information as my dad did on his I-864, as they file taxes jointly? Or should she fill out by herself, by which I mean list no income, as she makes no income independently, and their assets are not being used to cover the amount of the requirement? 

Thank you for sharing your info missileman. 

Hello, 

Does anybody have any experience or heard approximately how long it will take (I am in Taiwan) for NVC to receive (AOS and IV) and case complete, and then how long till the interview at AIT in Taipei, Taiwan? 

Thank you in advance, 

Brett

I'm a US citizen living in Taiwan with my wife who is Taiwanese. We are about to send in the AOS (I-864) package and the IV package, and have all the documents we need except for the joint sponsor form. 

It will be filled out but not sure when, it is taking much longer than expected, and we are trying to move both of us and my child over at the same time very soon, and are hoping to get the process going as 

quick as possible. 

Can we send the rest of the documents (without the joint sponsor form) and still get an interview and  bring that joint sponsor form to the interview? 

As this will trigger an RFE, can we get started to save time, or do we need to wait for that form (Joint Sponsor), as this would hold up our time, and we would have to send it to the NVC later, before an interview?

(I've read other posts on here that show certain documents must be submitted to the NVC before they will schedule an interview, while other docs are permitted to be brought by the beneficiary to the interview).

Thanks in advance!

Thank you!

I'm a US citizen living in Taiwan with my wife who is Taiwanese. If we have a joint sponsor do I need to fill out part 6 (Sponsor's Employment and Income) of my I-864? 

(I do have the last 3 years IRS tax transcripts, and a copy of my last return. I left my last job back in November and make side money with design projects and tutoring students.)

Do I need to check self-employed or unemployed? Or can I leave this part 6 blank as we have a Joint-Sponsor?  

Would I list current individual annual income as $0 (as all the money I made is foreign earned)? Do I need to enter Federal Income Tax Return Information?

Thanks in advance!