samnrong

I doubt this will be an issue. However, why not just clarify this in the Section for "additional information"?
 
No harm in including it within your application. It will likely take 10 minutes and give you piece of mind.

Unfortunately not really.
1. Why would you input $19K in part 6 q7 when your only two options is 2018/$11K or 2019/$21K? Where did the $19K come from?
The amounts you input on the I864 must match exactly the documents you submit. 
What exact documents/reference to years did you submit?
 
That's only to start. I'd love to help but I'm going to bed now and will only help if you are willing to go through the process seriously and have the understanding that it's no where as simple as you are thinking it is.
I'll need 30 minutes. All your documents in front of you including joint sponsor documents.

To add on to this, as visafrompa states, you will need to file a US tax return for every year that you missed. The US taxes worldwide income and even if no tax is due, there is still a requirement to file a tax form with the IRS. So from the likes of it, it sounds that you have not filed for the past 5 years (2014 - 2018?) and will need to start by filing a Form 1040 for all of these years.
 
Keep in mind that the exemption the other posters are speaking of is the Foreign Earned Income Exclusion. This is a tax law that excludes up to $103K of foreign earned income. However, in order to qualify for this exclusion you need to meet a number of qualifying tests: Bona fide resident test and physical presence test. Under the bona fide resident test the taxpayer must be a resident of the foreign country for a period that includes a full tax year. For the physical presence test, you must spend at least 330 days of the year outside of the US.
 
Now, based on what you have stated, you never declared residency in China as you were on a tourist visa and had no right to work in the country. You never paid taxes to the Chinese government nor did you inform them nor did they consider you a resident. You kept your address in the US and maintained the US as your country of residence. This will exclude you from meeting the bona fide resident test and you are not eligible for the Foreign Earned Income Exclusion.
 
There are also Foreign Tax Credits that reduce your US Income Tax Liability. Without going into too much detail, these essentially work as a reduction in your US taxes owed for taxes paid overseas in a country that the US has a valid tax treaty with (US does not have tax treaties with 100% of countries, so if you have income earned and pay taxes in one of these countries you end up getting taxed double as the US doesn't recognize the taxes paid). However, in your case, you mentioned that you NEVER paid taxes to China, nor did you claim the income with China, so you would not have any Foreign Tax Credits to offset your US liability. In short, since you never paid foreign income taxes you have nothing to reduce the US income taxes you would have owed and will therefore have to pay them to the US.
 
Now, since it sounds like you had taxable income, for which you never claimed and never paid taxes on, when you file you will also be subject to a penalty plus accrued interest from the IRS for failure to pay your taxes in a timely manner.
 
So to recap you need to do the following:
 
1) File Form 1040 with the IRS for every year that you did not file
2) Pay all taxes owed + penalties + interest
 
Strongly suggest doing this ahead of time. Technically you have committed tax evasion, which is punishable through fines and even jail time (see Wesley Snipes). Self reporting the missing years and paying all back taxes and penalties is much prerferable to the government catching this when you start filing your immigration forms. Due to the nature of the questions on your immigration forms, it's unlikley that this won't come up (since you need to explain why you have no work history for the past 5 years). The longer you wait, the larger the penalties and interest get on the back taxes owed so recommend to do this ASAP.
 
There's current talk that the administration will deny passports to citizens who owe back taxes as a means of enforcement. I can only imagine that something similar may impede your immigration journey. Best to get your tax situation taken care of prior to going the immigration route.
 

It's my understanding that they have at a minimum skimmed through it. They have the case file ahead of time and I am under the impression they look at it previously. They have a computer screen with them that they look at, which I believe has all the information pulled up in real time.

I'd go based on what is on the US Travel Docs website. That is the official website the consulate uses and seems to have been updated for August.

They only mean official documents (birth certificate, police certificate, marriage/divorce, etc.)
 
No need to get plane tickets and the like translated officially. For what it's worth, I also compiled a large pile of evidence including plane tickets, hotels, and WeChat transcripts. The CO didn't look at any of this. Better to have in case they ask for it, but likely they won't even go through the trouble of looking at this, especially not if you had frontloaded your application with this info.

Doubt the CO will ask about your income. Once the documents are collected at the intake they will go into your file and be available for the CO to see. I don't know why they would ask your fiancee any questions about your income. The documents provided should speak for themselves (i.e., the CO can read the affidavit of support form and tax transcripts themselves without any need to ask your fiancee).

You refile.   You can't use "I sent the wrong photos" as an excuse because you are an adult.

Have service done to her at the airport.. see if CBP will serve it for you.  That would be EPIC.  'Welcome to the US, you're been served!' (queue music, glitter ball and balloon drop.  Any 3rd party can do service as long as they sign the paper that they served it to the right person (aka almost like in the movies).  Get a homeless person and pay them $20 to do it.  lol
 
Claiming abuse etc won't do much.. most divorces are 'not fault' and unless she has a green card she won't be able to stay in the US for the year or two it will take to fight it out.  If she claims 'at fault', well, if you don't have any money then they can't award her anything.
 
If anything make sure, that during the financial discovery phase you make sure she lists EVERYTHING.  She has two houses in the Guo?  Have her get them assessed.  Demand all bank accounts and pensions.  Cars, jewelry, furs, force her to put up or shut up.   Remember, you're entitled to half of the MARTIAL assets, or the growth of premarital assets during marriage. 

For the house you may need to get it appraised. Note that if the house is the primary residence you will be living in they may not consider it, since it can’t be liquidated to provide support. They really Are looking for liquid assets, since they are making a judgment on the sponsors ability to pay your living expenses.

Well to be fair, how are we not to generalize? You don't have any information in your profile or your timeline that indicates what country it is, nor did you state. : D
 
Glad everything worked out.

She will likely need to have her medical done before the interview. How can you schedule the interview if you haven't even gotten your P3 packet yet? The medical itself takes 2 weeks to get the results. I would slow things down, wait for the P3  Instructions, and then follow the instructions that the consulate sends. This will save you much stress as you will have actual instructions versus just doing whatever you want.

Well you can divorce with a Lawyer or DIY,. 
 
If you do not divorce you will remain married.

Sorry to hear about your situation.
 
From what I have gathered, the "guidelines" are just that, guidelines. These are not hard redlines that if you cross you are automatically approved. The CO has to make a judgment on your case based on the "totality of the circumstances" to determine whether your fiance has enough income/assets to prevent you from becoming a public charge once admitted to the US.
 
It seems that in your case, your fiance is borderline in meeting the "guidelines". The fact that he is not currently employed likely weighs upon this decision. It's likely the CO doesn't care about his 2018 income and is giving him $0 in income projected into the future (since he is not employed at the moment). This would mean that his total assets would fall below the limits required to achieve 125% of the poverty level.
 
Further, immigration is expensive. How do you plan on paying all of the fees and costs of immigration? If you were approved, you'd likely incurr an additional $5K minimum in expenses to get your Green Card (fees for filing, plane tickets for travel to US, etc...). It's likely that the CO took this into account as well.
 
Seing as how your fiance's assets are barely above the "guidlines" if non-recurring 2018 income is taken into account and below the "guidelines" if factoring in $0 of future income due to his current status of being unemployed, it's not surprising that the Visa was denied.
 
Has the consulate given you the option to obtain an additional sponsor? Does your fiance have family members or friends who would co-sponsor on the petition? If you can gather a co-sponsor before the application leaves the embassy as "denied", it may be possible for you to still gain an approval. Without a co-sponsor I don't see any way to reverse this decision. The law is clear that the CO makes a judgment call based on the "totality of the circumstances" as to whether the receipient is likely to become a public charge. There's not really any way to argue against this if this is the determiniation that was made.
 
I suggest you find a co-sponsor ASAP. Best of luck!
 
 
Sorry to hear about your situation.
 
From what I have gathered, the "guidelines" are just that, guidelines. These are not hard redlines that if you cross you are automatically approved. The CO has to make a judgment on your case based on the "totality of the circumstances" to determine whether your fiance has enough income/assets to prevent you from becoming a public charge once admitted to the US.
 
It seems that in your case, your fiance is borderline in meeting the "guidelines". The fact that he is not currently employed likely weighs upon this decision. It's likely the CO doesn't care about his 2018 income and is giving him $0 in income projected into the future (since he is not employed at the moment). This would mean that his total assets would fall below the limits required to achieve 125% of the poverty level.
 
Further, immigration is expensive. How do you plan on paying all of the fees and costs of immigration? If you were approved, you'd likely incurr an additional $5K minimum in expenses to get your Green Card (fees for filing, plane tickets for travel to US, etc...). It's likely that the CO took this into account as well.
 
Seing as how your fiance's assets are barely above the "guidlines" if non-recurring 2018 income is taken into account and below the "guidelines" if factoring in $0 of future income due to his current status of being unemployed, it's not surprising that the Visa was denied.
 
Has the consulate given you the option to obtain an additional sponsor? Does your fiance have family members or friends who would co-sponsor on the petition? If you can gather a co-sponsor before the application leaves the embassy as "denied", it may be possible for you to still gain an approval. Without a co-sponsor I don't see any way to reverse this decision. The law is clear that the CO makes a judgment call based on the "totality of the circumstances" as to whether the receipient is likely to become a public charge. There's not really any way to argue against this if this is the determiniation that was made.
 
I suggest you find a co-sponsor ASAP. Best of luck!
 
 

Read the instructions carefully, they will cover exactly what you need to list as a “dependent”. However, if you’re paying child support, I think you will also need to list this on there somewhere as I believe the form asks for all individuals for whom rely on you for support. You have monthly payments that you’re required to make for the child, so you’re safer listing this than omitting and having them find out (which they likely will as it probably will come up during your background check).
 
With income of $100k, you should be well above the necessary thresholds and shouldn’t have any issue (assuming this is recurring income). They consider your current income not historical, so as long as your employment letter states a salary of over $100k, I don’t think there should be an issue.
 
Make sure you bring all required info. I’ve seen many people on here recently getting put in AP because they don’t provide IRS transcripts, so make sure you get those, not just your 1040.

Just looked at the form. The form states “the following persons are dependent on me for support”. Nowhere does it state that this is only for those claimed on tax returns. Based on the information you’ve provided you would need to include both your child and mother. 
 
For your child, since you’re only paying child support and they are not dependent on you 100% for support, you may want to document the terms of your child support in the “additional information” section. This way it will be clear what support you’re providing and not make it seem like you’re paying 100% support for the child. Same with your mother. If you’re not providing 100% expenses and instead just providing supplementary support you’ll want this stated for the CO to consider (otherwise they may assume you’re supporting a household of 4 rather than a household of 2 + supplementary support for 2 others).
 
 

This is not accurate. The I-134 is not using the tax definition of "dependent". The question is asking "how many others depend on you for support". There is nothing in here that states that you must meet the tax definition of dependent.
 
In this case, OP is providing monthly support for 2 others. That information is relevant and should absolutely be listed on the form, as these are monthly payments that OP is making each month. The CO is interested in how much of one's income is tied up in support obligations, not about whether the person is technically listed as a dependent on taxes. If OP is paying child support and does not list this on I-134, they will likely have big issues down the road as the government WILL find out about it and it will look as if OP has misrepresented themselves on the forms.

This may be a case where you need to get a lawyer involved. The consulate likely
will need this certificate as it’s widely available and your current circumstances do not sound like they’d qualify for a waiver (i.e., not planning in advance and not wanting to leave the country likely do not mean a certificate is unobtainable).
 
As far as getting the certificate without her physically being present in China, you’re likely at the mercy of the Chinese authorities. There are certainly professionals out there who specialize in cases like these and likely have the requisite experience and connections to get it done, but it will cost you $$$.

I really doubt you will need this at the interview. Validity of your citizenship will be taken care of on the front end when the petition is circulating through USCIS.
 
Once the petition is approved the consulate only performs the interview and is most concerned with whether the applicant qualifies for the Visa. For a K-1 this is things like ensuring they’re free to marry (divorce decrees), have all their documents, and that the relationship is a real relationship.
 
Verifying the citizenship of the petitioner likely will not be done at the interview as USCIS has already done this before approving the petition.
 
Best to double check a consulate specific answer though.

Sounds like you made the right choice. Technically it is an NIV, but it is processed as an IV since there is an intent to immigrate once in the US. That's why within CEAC it is stated as an IV all the way through the process until you get approved, which it is then switched to NIV right before it gets issued. Treating it as an IV was the right move (thank your fiancee!) as it should be routed to the department that processes IVs.
 
You're also spot-on in that the directions from the US can be vague at times and they aren't much help. There is a lot of trial and error and one of the reasons why VJ is such a huge help!
 
Now you can go home, pay the fee online and schedule your interview once P4 is received. It shouldn't be long now!

Additionally, you mentioned that you had an attorney prepare the packet for you. This is a HUGE miss on their part and I would request a refund from them. If they do not offer you a refund, I would report them to the BBB.
 
Since they are advertising themselves as an immigration attorney, this is absolutely something that should not be missed. A simple google search or visit to the VJ forums will show that these letters of intent are critical pieces of the application. In fact, I believe the USCIS website and I-129F form instructions even indicate that this is required evidence. The fact that your attorney missed this is inexcusable for a professional and borders on professional negligence.
 
Personally, I would demand a refund. At a minimum, I strongly suggest that you terminate their services and use a different immigration attorney going forward. The fact that they missed something so simple as this on the I-129F application is a huge red flag and I would not trust them to get anything right whne the potential issues get more complex.
 
Good luck!

Did not bring own envelope, CITIC will have the courier envelope.
 
Yes use the courier cover letter for document delivery that is on CGI website. That’s how they will route everything to the right department.
 
UID number is generated when you sign up through CGI. It should be available in your CGI profile. This is a number generated by CGI and is used to track your information when transmitted between the consulate and CITIC using the courier service. It has nothing to do with DS-160 or any other confirmation number from USCIS.

Just bring the completed P3 packet and receipt confirmation for the DS-160 plus the CITIC cover I’ve from CGI.
 
I would t worry about anything else. These were all the documents we delivered and everything was processed no issue.

When you schedule your appointment you will receive an appointment confirmation that will list out everything.

Does she have an account here?  I think she needs to get in on this discussion....