Ning25

Ning,

I apologize, I am just at a total loss on how everything is done, and completely stressed out. For 1040's I don't have w-2 because I worked abroad, and the 1040 simple stated FEI (Foreign Earned Income). No receipts or anything are available to proof this other than a bank record and tax record in Chinese, which is unavailable to me, because I am not in China.

I guess my question at this point is, how essential is it to prove the w-2, 1040 and the extra documentation, when the real person, making it possible is my "Family Member" my father, where his income exceeds 100,000. Because in the current status I would never qualify. For my father all tax transcripts were sent in.

Thank you, and again I apologize for any miscommunication.

I think what you have will do really. Its understandable when viewed in context. You have present a great joint sponsor. There are some things that may help that I sent in P M.

Karma Jim karma ! What you worked for will come together soon.

Ning,

I apologize, I am just at a total loss on how everything is done, and completely stressed out. For 1040's I don't have w-2 because I worked abroad, and the 1040 simple stated FEI (Foreign Earned Income). No receipts or anything are available to proof this other than a bank record and tax record in Chinese, which is unavailable to me, because I am not in China.

I guess my question at this point is, how essential is it to prove the w-2, 1040 and the extra documentation, when the real person, making it possible is my "Family Member" my father, where his income exceeds 100,000. Because in the current status I would never qualify. For my father all tax transcripts were sent in.

Thank you, and again I apologize for any miscommunication.

I understand believe me. Things are going to be fine its just one more thing in a seemingly never ending series of issues that is very stressful.

I think your going to be ok with a little more info for them & a plan of action for you to accommodate them. I think a P M would be best now.

Ning,

You say that the 1040 form is not acceptable? I wrote them an email and asked about it. I also sent them a confirmation of this email as well. Can someone please confirm this for me?

RESPONSE:

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Instructions on I-864, affidavit of support, is available online at: http://www.uscis.gov/i-864 .

Instructions on I-864A, contract between sponsor and household member, is available online at: http://www.uscis.gov/i-864a .

The 2014 1040 form is acceptable. Please submit it first along with the rest of documents. If anything else is needed, we will definitely let you know.

ORIGINAL EMAIL

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Thank you for the response.

I have one final question regarding the I-864 that is being sent in.

> I just filed taxes on my income earned in China for 2014. I do not have any W-2s. My income has not been enough in the recent years to sponsor my wife, so my father is going to be a family member helping me meet the income level so I can sponsor my wife’s visa.

Is a 1040 from my tax professional enough to show for 2014 tax year, or does it need to be a filed and stamped 1040, or do I need to wait until the IRS generates my tax transcript online? What is acceptable in this case? Everything else is done, and ready to send in.

Thank you very much,

I think you know that isn't what I said. If you sent JUST the 1040 it may not have been enough to verify tax status. A 1040 indicates you filled out a form not that you sent it. If 1040 forms are used then all supporting docs should have been sent with it.

Okay everyone please forgive me if I am posting this in the wrong area. I was not sure if I should have posted in the "Stupid RFE" forum.

Anyways, my wife went to her interview on June 22, 2015, just 2 days ago.

We had arrived at 4 am. The interview took all of two hours, starting at 7:00 am. My wife came out with a 221(g) form requesting additional documentation and sending her passport along with it.

The woman there was not very nice, and gave her a hard time.

They are requesting:

1.) 2014 Tax Return or 1040 Form (This was already provided in the mailed in package??????)

2.) Proof of Domicile

3.) Passport of My Father (Household member citizenship)

I went ahead and gathered all of that information immediately and send it out yesterday (6-23-2015).

On the bottom of the form it states a MINIMUM wait for 10 to 15 business days.

My questions are:

1.) Is a 221(g) like this normal? Are we okay?

2.) Is this minimum wait factual? Could it be sooner? If not, I have to renew another months of rent here.

3.) Does this mean she was approved for the visa, but just needs more?

Any other info would be great. For those looking for exact details on how the interview went, look at my interview review post.

Thanks,

Jim

If you sent just the 1040 form then that's the problem. Its not clear to me what you sent in total.

The other things are items you missed in the docs.

Yes its normal if there are omissions.

Wait time is probably a good guess. I have seen two weeks to 3 months but you have responded quickly so the time shouldn't be too long. They want to close the case too.

The visa is approved as long as the docs they requested are correct. Find out if they will let her pick up the visa in person which will save a lot of time.

Hello I just have a few questions on filling out the I 130 Form

First I'm a US Citizen applying for my Stepson who is under 18

Question #17 - List Husband/W and all children of your relative

Do I put my Wife down? married via K1 Visa

Section D

Question #2 - Have you ever filed a petition for this or any other Alien

Do I check yes & put down marriage thru K-1 Visa

Just wanted to make sure, I'm filling this out properly

thanks

# 17 Yes.

# 2 Yes

Ning,

Thanks for responding. My wife came over from Thailand as a K1 visa, we had to finish all the processing before she was able to come over. Since you were a K3 visa applicant, I guess you were able to come to the US while you were processing your paperwork. I will elaborate on this matter later. The law helped your situation. My wife has been a US Citizen since 2014 and she applied on her own without my help. As a US Citizen, she can petition her parents to come live in the US at any time. As for her parents, they never wanted to come live over here, they just wanted to visit. As a matter of fact they were approved for a tourist visa their first time and was approved for a 10 year visa. I purchased round trip tickets for both. I'm not sure why you were denied 3 times for a tourist visa. However, you are living in the US now as a US Citizen and not as a tourist. Your original intent was to be just a tourist, correct or did you just want to leave Thailand? I know that they didn't want to approve young people for a tourist visa or student visa because a lot of them stayed in the US and found ways not to go back. Most of them tried to find husbands just to stay here. Actually, so many young women come over here as au pairs, and find husbands that way. I met a young lady yesterday that was an au pair and now she lives here with her husband and daughter. I'm sure their intent was to leave Thailand any way they can.

After 3 months of being with her grandchildren, my mother-in-law asked if she could stay. Form I-130 allows for concurrent processing of the I-485, per the instructions. So there is no loophole there. She is just processing the paperwork while her mom is in the US currently. Of course she can process the paperwork if her mom went back to Thailand. This is her right as a US Citizen. That goes back to the K3 visa, it allows for processing while applicant is in the US.

I was merely asking for advice, I know we are the not the first to do concurrently filing. Search the internet. I know we won't be the last. Who knows you might know someone who will apply in the future.

Thanks Wuhan Rocks!

I wont respond to your filthy questions. You have no idea what transpired in my case. I am sorry you had an experience in reality or fantasy that leads you to believe all Thai women are as you found on Patong or in Pattaya. I feel sorry for your wife.

I wasn't in the USA until I had a C R 1 visa. My husband decided to give us the freedoms we citizen enjoy here. I had no plans to leave my family, businesses, culture nor property we own there.

Your accusations about all these people coming as au pairs that are shopping for husbands is based on what? Your low opinion of Thais? You just found another one yesterday?

I suggested you file the case. I understand the rights I have as a U S citizen. Thanks.

Ning, I was able to find this on the embassy website.

http://photos.state.gov/libraries/thailand/591452/iv/parental_consent.pdf

Very good. I see now how this has changed some & where the Amphur may become involved. That may be where she can ask the bio father to appear to sign.

I hope this helps others too.

The boy is 14, and the father has consented and is willing to sign anything we ask. Should I email the embassy requesting the letter format? I remember seeing it in the past on the website but cannot find it now. Thanks Ning.

I am so happy to find the father will sign. You both did a good job in getting everything in order especially this because I have helped in cases where its was very painful & expensive.

I just looked for my copy but cant find it. The member ' Karee ' may have some info. Karee? He's a little bit like Waldo at times; recently seen in a BKK joint.

I would ask the embassy to make sure. She can call directly to the I V section by buying a pin number at the local post office that allows her X amount of calls or use email to request a sample.

The letters I saw were very simple statements indicating approval for the child to immigrate outside Thailand. In your case I would include the wording USA somewhere in it. There are members with recent experience that I hope will help here.

This is a great chance for a boy to have a great life & have a relationship with his family in Thailand too. That will really help the boy do well. I can tell you from experience the schools here in the USA do a fantastic job with these kids.

Hi,

I haven't been here in a while. I started here when I first married my wife under the Fiancee visa and all the guidance helped. My wife has been a US Citizen since 2014. We are getting ready to send over the forms for i130 and i485 for her mother now. Her mom is in the USA on a visitor VISA now, but after months of being with us has decided she wanted to stay. Her husband is going back home though. My wife is a US citizen.

We will provide a cover letter and all the supporting documents. The I693 medical exam is in a sealed envelope. Any advice? Thanks in advance and good luck all.

This is exactly why so many people are denied a tourist visa coming from Thailand. Long ago I was denied 3 times which was very difficult at the time to understand. It was those decisions the U S govt made that inspired us to become U S citizens. They were right in what they did based on what we see so many times here on V J including this case. Still the loophole is there for people to take advantage of.

All that can be done is submit the case. This could come down to a USCIS discussion about her intent when she entered. They may find it suspect when they realize her husband left her here.

If she is approved it will certainly change the way things have been & will be for a very long time.

Good luck

Hello all,

We are in the process of bringing my stepson (wife's son) to the US from Thailand. We have filed the I-130 since over a year has past and his follow on eligibility expired. Soon we will begin NVC processing and we know a letter from the biological father granting permission for permanent immigration will be required. I am looking for an example of this letter and even better if anyone has a letter in Thai. I believe we will have to have this letter registered at the Amphur as well.

Thanks all

What is the childs age?

The embassy has given a format for such letters in the past. Its a statement indicating the bio father allows the child to immigrate just as you imagine it might look. If they feel its needed they may even ask the bio father to come in. Its sometimes, most times, difficult getting the father to sign.

The other accepted method is a Thai court order.

I don't think the Amphur has anything to do with these things.

I am a USA citizen currently living in Thailand on retirement visa. I was married in April to a Chinese citizen in China. I am planning to bring her to Thailand to stay and start a visa process for her. I have no assets or job in USA except for my IRA account.

Questions:

- What kind of visa should I apply for my Chinese wife?

- I have not yet register with USA embassy. Do I need to in order to apply for visa?

- Given my personal financial/job status, do I need affidavit of family support in USA?

I am sure more questions will pop up as I proceed but these are all I can think of for now.

Thanks in advance.

Penguin has great advise here as always.

If you are living in Thailand on a O visa as a resident you can file DCF case in BKK if you have lived there 6 months.

I agree that in this case if you just want to have come to the USA for short stays she should attempt the B 2. I think they would issue a 10 year tourist visa. She must make sure they know you are retired, living in Thailand full time with no intention of returning to the USA for long periods. The embassy must be convinced that she must return to Thailand.

So my partner was traveling from costa rica to the US to see me and to be here for the birth of his child. He had a ticket to be here for 6 months with us. Going through immigration in Atlanta, they started questioning him regarding his stay here, our relationship, detained him and sent him back to costa rica because they thought he was coming to work here and not just be with me for the 6 months of the ticket. They called me to verify that he would be staying with me and that I would support him during this time. I confirmed and thought everything was ok. I don't want to do fiance visa as it carries too much responsibility with that. I just want him to be able to travel freely back and forth to be part of our child's life and he has a business in costa rica that he needs to continue to work for. What is the chance of him going to the embassy in Costa Rica, explaining the circumstances and having the Visa reissued? Any feedback/help is greatly appreciated.

He had a B 2 but was denied entry to the USA ? I don't know about work but they certainly thought there was a good chance that he would not return to C R. Especially since there is a child in the USA.

He wont get to re- examine what took place but he can apply again or as many times as he wants. He will be denied at the embassy next time I think but he will never be granted entry unless there are serious changes in his situation. Nothing will change those serious facts in the case.

I will be submitting all three past years of their transcripts (2012-2014), nothing else.

Great.

What kind of supporting docs? Are you referring to W2's?? Pay stubs??

If so, how many pay stubs? For the whole year??

Thanks. How many tax returns did they use??

I am referring to anything that was submitted with the tax return. Supporting documents just as was sent to the IRS. Pay stubs? If that income is reflected on the return it isn't needed really but you can send a YTD stub.

Hi Folks,

Yesterday I had my Oath Ceremony. I'm an American Citizen Yay !!! Finally made it.

What I also did yesterday (same day as Oath) is sent in my passport application with Naturalization Certificate etc.

I did this through my local county clerk.

It isn't too soon is it? Has anyone else done it same day and had any problems?

The reason I ask is because I know that I have to wait 10 days to update Social Security Info. Do you have to wait with Passport Application?

Thanks

Great job. The moment you ended the oath & received your certificate you were a citizen so you can do it that same day.

I am petitioning for my husband. I'm getting AOS and IV packets ready. My dad will be our joint sponsor but he files taxes jointly with my mom. My question is, do they BOTH have to fill out an I-864 form?? EACH?

Question #2

Who here has had their joint sponsor send just tax returns?? NOT transcripts and have had success?? I would like to mail everything out this weekend and didint want to wait until my dad got his transcripts. He just has his tax returns at home.

Any additional advice is appreciated.

Tax returns are fine but should include all supporting docs.

I read through many people's posting on submitting evidences for the i-751. But I read mixed comments on this. I am going to include a few affadivits that shows our "good faith" marriage.

My question is "Did you submit affadivits that were notarized or just signed?"

I don't remember reading that they had to to be notarized. Any comments or advice welcomed!

These are secondary evidence at best but nothing wrong with including them. Its just that anyone can write anything which is why there is no need nor requirement to notarize docs for USCIS.

Keep in mind that notaries simply verify signatures. They have nothing to do with content.

Our good faith evidence amounted to the marriage cert. There were no questions nor problems.

we were told everything had to be notarized. we used rev.com, they were really fast and it wasnt too expensive - i think $20 per document and an extra $20 for it to be notarized (all of it, not per document)

Notaries simply verify signatures having nothing to do with content.. They will do that on as many pages as you want or on one but its isn't a required by USCIS.

This is not always true...immigration lawyers have advised me to simply "don't bring it up" and very many of their clients have had no trouble getting their step sons/daughters approved...just so you know....

Your lawyer knows nothing about procedures in Thailand & I would suspect anything they said after what you indicate they told you.

You want people to believe they can just be issued a immigration visa for a child without any problem with the bio parent as long as you " don't bring it up " ? LOL

Just so you know. But just so you know you need to demand a list of those people then call them & the embassy where you say this is done to ask. A lawyer with a lie on his lips is just waiting for people like you.

Hello everyone, I just wanted to get some helpful advice from the fellow Visa Journey Members.

My situation, I brought my wife here on K-1 Visa in 2009 , she is currently a permanent Green Card Holder now.

Her Son is 17 Years old now & has finished his Grade School & he wants to come study in the States & possibly live here.

Can I sponsor him, via I-130 , therefore he doesn't have to wait on a Visa Number.

Any advice would be greatly appreciated

It would be a good idea to look into what will be required for him to be allowed to leave Thailand as far as the bio fathers permission or court order. I know its very early but these things can take time. We have seen cases where the bio father had no problem with this but we have also seen the other extremes too.

Thanks for the feedback!

I think you mean you didn't need consent for the passport, not the citizenship.

There's no such thing as citizenship by the passport method. Once you are a citizen you can apply for a passport.

To get a passport you need the consent of both biological parents

There are some exceptions, so maybe your case is one of these.

You won't need consent if you have evidence that one parent cannot be reached.

or

If you have a court order terminating one parent's parental rights.

or

If the birth certificate does not list the father... in this case then they would probably not ask for his consent.

In any other circumstances, they should not have issued the passport without consent.

If they did it was a mistake, but mistakes happen.

This is part of a law enacted to prevent parental kidnapping. Otherwise, the biological father could show up, get the child a passport and leave the country.

In fact (separate issue), most airlines recommend that you carry a letter of consent when traveling abroad with only one parent. There are very rare cases of this being a problem while boarding (most airlines don't enforce it)

Here are the guidelines. See part 4.

http://travel.state.gov/content/passports/english/passports/under-16.html

So those are the rules... But I don't know how often they are enforced... in our case you didn't need consent. There are a couple of cases on the passport forum where passport applications were not accepted without the consent letter.

If I'm misreading the rules, please correct me.

No I mean I never needed the bio fathers permission for anything during this entire many year process that ended with her being a U S citizen reflected by her U S passport.

To be clear for others that may have interest my husband had me get a Thai passport for myself in my married name. We then applied for my daughters Thai passport which was sent to us a few weeks later. Her bio father wasn't mentioned.

We submitted her Thai B C as part of the passport application. It indicates her bio father but we were never asked about him in any way.

Glad I could help.

Note:

1- I don't know if you need the father's consent to get a certificate of citizenship. You'll have to read up on the N600 process. It takes between 6 and 12 months to process.

2- Even with the N600 the child will need the father's consent (or a court order) to obtain a passport. She will need a US passport to travel abroad as US citizens have to enter and leave the country using an American passport. So if there's going to be any international travel while she's a minor. You'll have to sort out the consent issue first. If you just want proof of citizenship and don't care about travel, go for the N600.

We didn't need the bio father consent to be granted citizenship for my daughter by using the passport method.

Wife arrived 11-2013 with K-1, married 12-13, She has 15 & soon to be 18 year old daughters in Thai. Can they get the Visa and green cards started while in Thailand and come over in the future for their summer breaks from school and university?

There names were included on original K-1 visa and decided to finish high school in Thailand with their classmates.

Thank you, Mike and Dang

Because of what Darnell has explained they will now require petitions ( 130 ) for visas which can be filed at any time.

From what I see here it seems they just want to visit so would be seeking B 2 type visas. This will be almost impossible to obtain but I do know of a few people in that same situation that did get 10 year tourist visas.

The only way to know if they could get a B 2 would be for at least one to apply. Two kids that age going to see Mom will probably require a letter from the bio father at least. Check with embassy to find out about this aspect first.

You said the child has a visa... that's a little confusing because she should have a green card if she immigrated with her mother.

Does the child have a green card?

She should have got one when her mother got one.

(A) If she has a green card then she is already a citizen (she became one when her mother took the oath of citizenship). You have two choices:

1- You can file an N600 application to get a certificate of citizenship (different from the N400 and the certificate of naturalization).

2- You can skip the first step and apply for a passport directly. The passport will act as proof of citizenship.

In both cases you'll need the child's birth certificate, the mother's naturalization certificate, and the child's green card.

(B) If she does not have a green card, then she did not automatically become a citizen when her mother was naturalized. You will need to apply for the child's green card with the mother as the petitioner. The day that the child gets her green card, she will automatically become a citizen and part A above will then apply.

When I became a citizen we did exactly what is explained here to have my daughter become a citizen. She had a green card which of course was surrendered.

I am a US Citizen living in Brasil as a Permanent Resident since 1983. I married in December 2013 here in Brazil with a Brazilian who had a Visa denied (tourist Visa) about a year or so before we got married.

Now we want to travel to the US, for her to meet my family, spend 2 months or so traveling there and then come back.

So initially she just needs a VISA to visit the US. But we are both also wondering if we might want to emigrate to the US in the near future, and perhaps this would affect how we should go about the process.

For the purpose of a visit only, what is the best route?

And if we wanted to move towards her getting US citizenship, or at least ability to live and work there, what would be the route?

I suggest she applies for a tourist visa because her circumstances have changed a lot. These B 2 visas always come down to the same thing. Ties to the applicants country.

In this case it may be possible to overcome the problem of her ties to her husband. We were told during my 3 denials for a B 2 that my ties would be to my USC husband when we entered the USA therefore no visa. My husband had lived in Thailand for 2 years but on a tourist visa. Your many years there should indicate to them you both intend to go back to Brazil.

The application for a B 2 will have no impact on another visa petition by you for an immigration based visa. There is no reason to disclose such possible events as part of that.

I am not certain but I think you can file for a IR 1 using the DCF method where you file in country saving a lot of time. Look into U S domicile, support docs ect do help make decision.