rightsided

9 minutes ago, Budzmaroo said:

Does this mean that the cbpo called some family and friends and asked them about it? I really don’t have the intention of cheating the system. My husband who is a medical doctor (apparently has a very toxic work schedule), wants to spend time with me and our daughter. He already took all his 15 days off in a year to see our daughter in July 2021 so there’s really no way of him coming over to Canada. I am scheduled to return after a month of visit because I want to get things situated here first before I get called for an interview in Montreal (interview requirements, my bills and accounts here). My husband actually wanted our USC daughter there for good and I’m the only one coming back if I allow him to. My in laws are there and are willing to take care of our baby so I can do things for myself here in Canada. I don’t have anybody by the way to ask to take care of my daughter here, so we are kind of considering it. I am just not sure if cbpo will be well accepting of it even though our daughter is an American citizen. Even though my conscience is clean, I am still anxious that I will be denied entry. 

They confiscated her phone and saw messages between her and her friends/family.

I don't think you have anything to worry about. Good luck to you!

1 minute ago, JD2 said:

I think you'll be fine because you're from a wealthy country.  Please let us know how it goes.  My wife wants to visit and I think she'll be fine because she has a career and plenty of ties but I still worry because India isn't 1st world.

My wife is from Japan -- arguably, one of the most highly respected countries in the world and one of the wealthiest in Asia -- and she was denied. "Third-world" doesn't matter. Intent of the visiting party does.

 

12 hours ago, Budzmaroo said:

Hi everyone!

I will be visiting my husband this Jan with our dual citizen daughter. I haven’t had a job ever since I gave birth in July 2020 because there’s no one to take care of our daughter. I do have car ownership payment contract, phone bills and a return ticket after a month of stay. We are currently documentarily qualified at nvc and awaiting for an interview. I don’t have plans of staying in the US for so long. Also, me and my husband have been together since 2008 and I never overstayed in the US. My last visit tho was in 2017. I am just a little anxious that I might be given a hard time at the border and not having enough documents to prove that I am really coming back. Anything else I can bring with me aside from the above mentioned??

Given a hard time at the border? No, I don't think that's the correct way of looking at it. CBPO will ask some questions to determine if what you tell them about your visit makes sense or could you be trying to gain entrance to circumvent the system. If you're coming to visit and visiting IS your intent, you'll have no issues. Answer the questions as you normally would. If you're trying to come and eventually stay by adjusting status, well....

My wife got denied entry because she let it 'slip' (something to the effect of) that she was visiting to stay. Despite me telling her she HAD to go back, she had discussed her desire of not returning to her home country with friends/family, and that was all the evidence they needed to deny her entry.

Her situation is/was similar to yours: no employment for a few years, and no real evidence of intent to return, we were also pending at NVC (now pending an interview) but despite that, I think she would've gotten in if she had not discussed not returning with family/friends, and had not mentioned anything of the sort at CBP gates.


 

11 hours ago, lalalaland said:

 

Hi! 

Did you submit W-2 or an explanation of the absence of W-2? My understanding was that NVC is pretty adamant about having W2/1099, even when transcripts were provided especially the income were foreign. But in your case you're already in the US now with all the current income evidence. I hope all the other evidence you provided would be enough. Please update in the coming weeks.

Hi,

I don't have a W-2 so I submitted an explanation and also a copy of my foreign taxes' version of a W-2. I submitted my transcripts and some paystubs and my case was DQ'd on December 8th :).

14 hours ago, MapleHeart said:

I have a question about interviews. If you have a tourist visa can your interview be switched to USA instead of your country? Like if you are currently in USA.

36 minutes ago, totta said:

I have Same question ! 

I'm going to say no. As far as I know, you/your applicant cannot come to the states with an intent to change status, but I may be wrong.

What someone told  me earlier in the thread, is that you/your applicant has to return to their home country to conduct their interview.


 

So an update:

I was able to retrieve my tax transcripts and have posted the last 3 years of transcripts + some pay stubs. I also added more information and evidence. I've read that the tax transcript is really all the NVC needs to DQ me. Fingers crossed as my case will be coming up for review next week (I hope). I wrote a note stating that I worked in Japan for over half the year and only recently relocated back to the states, and added that to my case as well. I think I've provided more evidence than necessary at this point.

Another question:

What happens if/when my wife's visa interview is scheduled while she's in the states? Is it possible for us to conduct the interview in the U.S. or will she need to return to her home country, interview, then come back to the U.S.?

I've submitted a copy of my Japanese tax forms... Finger crossed. I really wish I had requested my tax transcripts beforehand and submitted those instead....

I think I missed uploading one of my 1099-DIV that I had listed on my 2020 return. The W-2 through me off, so I uploaded a tax return I submitted in Japan. I'll check to see if I have a gensenchoshuhyo.... though I don't want to keep uploading documents further pushing my case back.

Thanks for your insight and congrats!

Hello,

I am probably going to take the ESTA route for my spouse since the NVC has requested for further evidence on my case (which I assume means another 2-3 month wait after I submitted my documents).

My wife does not work at the moment, and our apartment lease in Japan will be expiring in November. I am in the U.S. now.

My questions:

How can my wife show an intent to return to her country (strong ties) if she doesn't work because she's caring for a newborn?

Also, on the same subject, I thought about buying her a round-trip ticket to show she will return, but I am worried about the Customers Officer giving her less time than  I would anticipate. Any way around this?

Thanks!

Hello,

Some context:
I lived in Japan for the past 10 years up until August, then I moved back to the U.S. for work at the end of the month.
My wife and daughters (U.S. citizens) are still in Japan waiting on my wife's visa.

I finally got a response from NVC after submitting my documents back in June. They accepted all of my documents - a 2019 and 2020 tax returns - but asked for 2020 W2's - which I don't have since I lived in Japan the entire year and 1099 which I assume to be 1099-div. I have submitted my Japan tax return filing in lieu of this, under foreign taxes.
Aside from the tax transcript, which I may/may not be to get since they're sending it to my address in Japan. Is there anything else I should submit?

Also, I see crazy timelines for NVC reviewing resubmitted documents, anywhere from 2 weeks - 2 months+. The apartment I had in Japan will run out of its lease in November, leaving my wife and daughters having to find new housing. Can someone please clarify the timelines? I'd like to get a better idea so I can prepare.
 

Sorry, allow me to clarify: I  submitted the I-864 and DS-260, last month. 

Hello all, 

I recently submitted all of the required paperwork for my spouse's I-130 o the NVC. I am leaving Japan at the end of August and I am worried my wife may not have her visa by then. Should/ can I ask for a direct consular filing now that I have an offer letter from my company and a hard date? JFYI I submitted the remainder of my paperwork in late June. 

Quote

Regarding 2.  If your children are US Citizens, they are not and never can "immigrate" to the USA.  Just count them in your household size, not as immigrants.

Okay, Thank you for this clarification :).

 

Quote

 

1) I believe the household size of 6 is correct and the number you used is 125% of the poverty guidelines for that household size, assuming you are not in Alaska or Hawaii.

 

2) In order to answer this, you will probably need to provide more information. Have you done a Consular Report of Birth Abroad for your children? Do they currently (or will they have) US passports before they go to the US?

 

3) Regarding the criminal history certificate, have you read the section for Police, Court, and Prison Records on this page?

 

Yes it seems my household size will be 6. I was having trouble with he AOS form that asks how many people would be immigrating with my spouse/me. My children have all done a CRB and have U.S. passports/S.S. cards.

I've looked at the provided website, but I'm still not entirely sure what instructions they mean they provided, that I have to show to Tokyo Metro Police. I'll probably just continue with finishing my portion (AOS, etc.) then wait for further instructions.

I, the sponsor, have a few questions/ things I'd like to get clarified regarding the remainder of my visa process.

1) Probably the most easily answered is that I believe I need to have just under $44,000 for a household size of 6 (Me, my wife, and my four kids). My plan was to get a job offer from my company (U.S. based, I'm not working overseas) and use that to prove AOS. I'm now considering adding a family member for AOS, instead.

2) Related to the above, I'm trying to finish up the AOS and I'm stuck on the portion where it says to list dependents/children who will be immigrating with my spouse. Since I have transmitted my U.S. citizenship to my kids i.e. they are U.S. citizens, is this still required? If so, it would mean I would have to fill out additional paperwork for each child, something that would be nice to avoid.

3) I was trying to be proactive and have my wife pick up her "Criminal History Certificate" from the Police HQ in Saitama. They told her she needed a document indicating what type of information they would need to provide. I read on the Japan embassy website that "Instructions from the NVC" or other documents would suffice, but I don't think I've received any specific instructions from the NVC apart from the paper that says her visa portal account had been created and to follow the 12-steps to finish the process. I also read on here that the instructions would be sent in Japanese. Can someone please confirm?

Thanks for assisting!

17 hours ago, Paul & Mary said:

You can request a DCF if there is no international field office and the consulate will contact USCIS to get permission to handle it.  When South Korea closes you can still request it via the immigrant visa unit in Japan.

Wow, didn't know about this... I'm planning on filing my I-130 later this week, however. I wonder if I get a job offer/transfer during the application process, if it can be expedited. Thanks for all the input. 

Thanks.... yes I will go ahead and submit the paperwork. Never know what may happen, and I'd rather have the ball rolling since DCF no longer looks like a viable option. 

Quote

DCF will be no longer available in the near future. USCIS is closing all overseas offices by 2020. Some are already closed and DCF no longer available in those countries.  There will be approx  3 months notice of specific location closures .. you will need to decide quickly if your timing can take advantage of DCF still being available , or if Consular processing timeline works better.

Thanks. Afaik, Japan's cases were handled through South Korea, so I may be SOL as the S.K. office closed last month...  

Hi all,
I want to be as brief as possible. 

My situation:
I currently work in a U.S. company in Japan and have lived in Japan for the past 6 years. I have been married to my Japanese spouse for 3 years and we have three children together. We have decided to move forward with getting my wife a U.S. visa. I have been at my current company for a year and, thus, became eligible for overseas transfer. If offered a position stateside, I would probably have 3-6 months to relocate myself and my family. 

That brings me to my dilemma: Should I go ahead and file for the I-130, and possibly wait 12-14+ months for approval, or apply for a better position stateside and then go for DCF after I have received an offer? I want to minimize the time we will be separated as it will be quite difficult for anyone to care for three little ones all by themselves. 

Thanks for taking the time to read & respond.