Helena55

On 3/3/2023 at 3:14 AM, BOKURAGAITA said:

I honestly don't know but I called and the lady(USCIS) told me that if I get a letter from the mail i should respond to it but if theres nothing then i can ignore it🤔. It was emailed last Feb 17. 

Yea, I didn’t get any answer from USCIS either than “This is the official letter sent by a field office, follow the mailing instructions in the letter”. When I asked about the “if you are a k1 visa holder, disregard” part they said “Unfortunately I can’t decipher this part for you” and “I don’t know if it means you can ignore the letter”. 

I got the same notice today. Also duper confused… If K1s shouldn’t send this form, then why’d they even send such a notice?

56 minutes ago, mytruelove18 said:

I helped a friend on june 2022 with her aos, immediately we got rfe.

we got the same letter, the problem was that we send the i-864 without the bar code.

since on uscis page say that they will accept the forms with and without code , we sent it without the code.

I reviewed the form and didn’t find any mistake, the only mistake was the missing bar code on the bottom, so i printed again with the bar code, and sent it, they accepted and all was fine.

her aos was approved in two months without interview, she adjusted status from b2 visa

We made sure that the bar codes weren’t cut off, and I even checked it in my uscis account online once I got RFIE — everything is okay.
We filled the form so carefully checked it multiple times before sending it and sent all of the requested documents with it (full tax return with all schedules, tax return transcript, his W2s that he had, his bank statement for 6 months and the statement of pay and employment from the company that contracted him. The only things that could be a problem is insufficient last year income (which doesn’t make any sense since now his income is more than enough and I saw people being approved in the same situation) and the fact that we put his AGI income as a total income after reading this forum, which I think is the reason, since it says everywhere that we should use “total income” line 🤔 

Do you remember if you put your AGI income or total income in the question 24a? Thank you for your answer 

7 hours ago, carmel34 said:

If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

 

Total income is the correct number, not AGI.  Did you include Schedule C?

 

For self-employed sponsors, the most recent tax return is what they use to determine if the sponsor's income was below the minimum, hence the RFE.  This is because self-employed individuals can say whatever they want in a letter of employment regarding "current" income, but it is not relevant because what counts is the tax return plus schedules showing how the self-employed income was calculated at the end of the year, and yes, they will review everything to make sure it was done correctly and that the income was not overstated.  I recommend a qualified co-sponsor.

Yes, we did include all of the schedules.

He is self-employed, but he is a contractor, so the letter of employment was from his boss from the actual company.

I keep seeing here in other topics that as a self-employed he must put his AGI in that question, that’s why we put his AGI in that question. But I can’t find anything about it anywhere in the instructions 🤔 

Hello! We applied for AOS and immediately got RFIE for our form I-864. I am very confused why, since my husband’s current income is well above the 125% guideline (his last year income shown on his most recent tax return was not sufficient tho). We provided his employment authorization letter with his current salary and his bank statement showing his salary transfers for the past 6 months. We also provided his full tax return, tax return transcripts and all w2s he had for the most recent tax year.

Now we got a joint sponsor but reading the rfe I realize that maybe there was some mistake that triggered it and the inly thing I can think of after going over the copy of the form we have, is question 24a-24c: “My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ)“. My husband is self employed, and we put his adjusted gross income from his 1040 there (line 11 on his form 1040). Maybe this was our mistake and we had to put the total income from the line 9? Please enlighten me, should we put his total or adjusted gross income there, we are worried that that putting his gross income was the reason of him “not qualifying” and genuinely not sure what line we should use there for our joint sponsor as well and if we have to refill my husband’s I-864 together with our joint sponsor’s affidavit 

5 minutes ago, Chancy said:

 

Yes, he may use his current income, if it is above the minimum required amount and he is not self-employed.

 

Technically he is self-employed. He works as an independent contractor. He got a contract and a letter from the company he works for that states that his position is rather permanent. Will this not work for sponsoring i-864? He income is well above the minimum required amount 

Just now, Chancy said:

 

Thanks for the clarification, and good job preparing in advance for the process after US entry.  As for evidence of current income, you may submit recent paystubs and employment letter, as mentioned by @beloved_dingo

 

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

Thank you!

So he can sponsor me based on his current actual income, not his last year income, correct?

2 hours ago, JeanneAdil said:

 

The USC only needs 100% and fills out the I 134 not the I 864 as this is  a K1 according to your timeline

 

he can send letter from employer with current income for the interview 

 

I’m asking about I-186 for the future, when we file AOS. We already have I-134 filled out for the interview, so that wasn’t my question.

1 hour ago, beloved_dingo said:

The USC does not complete the I-864 during the K-1 visa process, they complete a I-134. The I-134 is generally not at strict as the I-864 and it is not binding.

 

To answer your question, to prove current income we used paystubs and a letter from my employer on letterhead stating my salary and hire date. Had no issues at all.  

Yes, I know I need I-134 for the interview, but since we’ll need to file AOS just in a few months we want to know if my fiancé can sponsor me or if we have to start looking for a joint sponsor.

1 hour ago, Chancy said:

 

Are you asking about the affidavit of support for K1 visa interview?  Or about the requirement for adjustment of status after US entry?  Please clarify so this thread can be moved to the proper forum.

 

I’m asking for the future process to see if we need to start looking for a sponsor or not. I am well aware that I need i-134 for the interview. However very soon we’ll need to file AOS and we want to start preparing for that.

Hello!

Last year my sponsor’s income was extremely low due to covid. This year he got a new job, and his salary is high, but since they ask to provide his last year tax return, to prove the income (which doesn’t make any sense, how can his past income prove he is eligible to sponsor me now) the income, shown there, it insufficient to sponsor me. 
Is it possible to use his current income for I-864 instead of the one listed on the last year tax return? What documents should he provide to prove that his current income is enough to be my sponsor?

11 minutes ago, SusieQQQ said:

So according to you if  live in the same house for 15 years but go on holiday abroad for a week every month, you think I’m lying to say I live here? Makes no sense, yet that’s what you’re trying to argue because you’re sidetracked by what visa you were using.  You need to stop thinking about what visa you were on and think about where you were FACTUALLY residing. Visa, legality etc doesn’t matter. Where you actually WERE matters.

i don’t know how many other ways to say this.

good luck if you want to go to a US embassy and have them ask you why you lied to hide living in China for 3 years and pretending to have a residential address elsewhere where you OBVIOUSLY were NOT living.  Done banging my head against the wall here.

 

Again, I did not lie about my residencial addresses and not hiding it. All of my addresses are detaily listed in my I-129f. The question is only about a one single question in DS-160, asking me to list countries where I resided for more than 6 months since I turned 16. It doesn’t even ask me to list years or addresses. The reason why it confuses me is because I don’t fully understand if I should put only uninterrupted stay, or cumulative stay. 
Like, for example, if every year since I turned 16 I visit let’s say Thailand for 3 months then using that logic should I put Thailand in “places I resided in for longer than 6 months” because cumulatively it’s gonna be much more than 6 months of me staying there over the past decade?

Hi! Here I am with another question about DS-160.

My circumstances: I starred working as a freelance translator in 2020 and this is my current occupation as well. In the year 2020-2021 I worked online as a freelance translator while traveling the Philippines.

2021-2022 I came back to my home country (Russia) and switched several addresses since then.

When I was filling out my I-129f I looked up what to put as my work address if I’m self-employed, and it said “your home address if you work from home”. So stupidly enough I put the dates of my employment as 2020-current and put my address in Russia at the time of filing…

The problem is that right above it in a different question it states that my home address for the year 2020-2021 was in the Philippines (you can ser the picture attached). I just realized that.

The petition was approved. Now I’m filling out my DS-160 and it asks me about my work history again.

Should I just put “2020-now *My current home addresses* (different from what I put in I-129f since I moved out)” there?

Or should I do it very detailed, with dates for every address I used? For example:

01.01.2020-01.06.2020 *address #1 Philippines* — self employed 
01.06.2020-01.01.2021 *address #2 Philippines* — self employed 

01.01.2021-01.06.2021 — *address #1 Russia (the one listen in the petition)* — self employed 

01.06.2021-now *address #2 Russia (my current address)* — self-employed?

Thank you in advance!

3 hours ago, SusieQQQ said:

Illegal residence is still residence. They are looking for factual residence not visas. Put it another way, you’d be lying on the form if you falsely claimed to have actually been living anywhere else. 

It was not illegal residence. I was staying in the country legally, working on my business, never breached any visa conditions and never broke any laws.

I did put all of my addresses from China in I-126f, but was told to not put China in places where I resided in DS-160 because a person who told me that believes it’d be a lie since I didn’t live there for 6 months or more and every few months I’d leave for 2-4 weeks. So it’s a bit confusing.

2 hours ago, ROK2USA said:

You'll have to list it. 

Then you need to figure out how to get the PCC from China or adequate documentation showing it is unavailable. 

Many people have this issue. 

 

 

 

https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=china+police+clearance+&sa=Search

Thank you!

I’ve got my Chinese PCC already, because I guessed I’d need it. Can absolutely confirm that it was a pain to get it, haha. They don’t normally give it to business visa owners, I had to hire a lawyer who got a special permission for me to get it from the local authorities.

I’m just confused about DS-160 as technically my visits were not living and were “business trips”

Hello!

I’m filling out DS-160 for my K-1 visa and therebis a question about countries I resided in for more than 6 months.
My situation is: 2017-2020 I stayed in China on a business visa. I did not hold a residence permit and I would do a visa-run (leave and re-enter the country) every 2-3 months since despite my visa was a 1 year visa the maximum period of uninterrupted stay was 90 days. Should I list China among countries I lived in for longer than 6 months? Or it doesn’t count because it wasn’t an uninterrupted stay? 

For everyone who has the same problem as I did: I found the way to fix it and got my certificate already. I hired a Chinese agent and she was able to get a special approval for me from Beijing Exit and Entry Administration. She doesn’t speak English, only Chinese, but you can communicate through WeChat. Also she charges much cheaper than other agents out there (like lawandborder, zhaozhao, leeo etc) andshe will refund you money if she fails to obtain a document for you (unlike other agents)

She helped me a a few other people I recommended her to. Her WeChat ID is d9761930861213x

7 hours ago, RandyW said:

 

You need to find someone either in the PSB where you registered your stay or your employer who is willing to provide a statement of no criminal record 无犯罪记录 (Wú fànzuì jìlù) in Chinese.

 

Take this to the Gong Zheng Chu, or 公证处 for a 未受刑事处分公证书 （wei shou xing shi chu fen gong zheng shu) or "No criminal sanction public certificate".

 

You will want to document ALL contacts made - take names, and take notes about what you were told - in case you are unable to acquire the statement of no criminal record.

 

If this effort fails, you can submit all documentation concerning the effort in lieu of the certificate. Don't ask - simply submit what you have.

 

 

My friend called PSB the other day and they told her once again I’m not eligible for getting the police clearance from Beijing because I don’t meet “6 months of uninterrupted stay” requirement.
However they said we can try to get a special approval for getting it (even tho I’m ineligible) by bringing the proof that American Embassy actually requested it from me. So my friend will go to them this week and will try to get it this way.

But if it doesn’t work out then it’s almost impossible to document it. They don’t issue a refusal letter or anything, won’t even let you fill out any application if you are ineligible. My friend said they told her to bring all of my documents to take a look at them and if they decide to give me a special approval and issue the certificate they give her the papers to fill out. If no, they don’t give anything, so it’s gonna be difficult to prove I even made an effort to get it. All I have atm is many many refusals from the agents stating they can’t help me to get it, e-mail from Russian Embassy in China who I contacted to get help, stating that I do not meet the 6 months continuous stay requirement, messages of my friend telling me that PSB said I was ineligible, screenshots of chinese based lawyers’ websites stating that if you didn’t stay in  Beijing for 6 months continuously you cannot get the pcc from there, and my visas and passport stamps showing I stayed there for 3 months at the time. Not sure if it’s gonna be enough to waive the pcc requirement during my interview.

I found a few people who had the same issue and got the pcc waived with the same proof I have, but they were getting Canadian visas, not the American ones.

On 7/15/2021 at 7:30 AM, Fstop said:

I have contacted several agencies and two lawyers. None of the agencies can do it - they all say that they can try, but the likelihood of getting a police certificate without the resident registration form is very difficult, if not impossible. 

 

My school has said it's not possible.

 

I'm still waiting on a quotation from https://lawandborder.com/ and whether or not they can help me.

 

We have spent 18 months and thousands of dollars applying for this visa, only to be turned away by an unobtainable document. Surely there is another way to get approved. 

Hi! Did you end up getting the certificate from lawandborder? I have the same issue as you did and I want to use their services, but they ask for 100% prepayment, so I’m worried it might be a scam. I 

38 minutes ago, Helena55 said:

I contacted Chinese embassy

Sorry, I meant I contacted the US embassy

Hi, everybody! I'm having troubles with getting the PCC from China. I was staying in Beijing 2017-2020 on Business (M) visa. The important thing is that according to my visa conditions I could only stay in China for 3 months per visit, so every 3 months I had to leave and re-enter the country. Now my fiance and I applied for K1 visa and waiting for the interview to be scheduled. Meanwhile I decided to gather all of the documents required for the interview and it turned out I'm ineligible for getting the PCC from China. I contacted a few Chinese-based lawyers, my country's embassy in Beijing and made my Chinese speaking friend call PSB. They all said that the document is unobtainable for me because according to the new rules in order to get the PCC in Beijing I had to live there for 6 month or longer continuously. So if I lived there for 3 months, then left for a vacation, came back for another 3 months, left again etc. I do not match this requirement. I contacted Chinese embassy to ask what I should do in this situation and attached all letters from the lawyers and from my country's embassy in China stating that the document is not available in my circumstances, but all I got back was "The police certificate from China is available, please follow the link"and the link to travel.state.gov Reciprocity table attached. I contacted them again, giving the more detailed explanation of the situation and stating that despite what the website says in practice Beijing will not issue the certificate in my situation and this is the information confirmed by PSB, my embassy in China and multiple agents. I asked if they'll accept the memo written by a Chinese lawyer stating that they made an effort to get the PCC and failed, and they replied "Since the document under consideration is available according to Reciprocity table at travel.state.gov we believe there is no need in any further discussion regarding the matter". I am disheartened because I have no idea what to do in this situation, because even the agents say they cannot get it for me. Not because I lack some documents, not because I did not register at the police station (I have TRRF to cover the whole stay) but simply because I never stayed in China for 6 months continuously as it was not possible on my type of visa. If anybody had the same experience or have any clue what to do and how I can waive the PCC for US embassy, PLEASE help.

Hi everybody!

We are going to apply for K1. Is it gonna be a problem that the petitioner works in the weed industry? It’s legal in his state, but since it’s illegal in the federal level, can it affect our application somehow? 
I’ve heard that it can be considered as illegal income when he submits affidavit of support, but we are using a joint sponsor anyway, so idk if it’s gonna matter.

Have anybody here had the same experience and petitioned K1 while working with marijuana?