Tokyo DCF

[kristinakiko 0]

We turned in our I-130 today and were more or less successful. Here is my account of the day, and a question at the end!

Our appointment was at 2:30 and we showed up 30 minutes early, which was good because the security line took forever. Once we got past that we walked into the lobby where a lady asked if I had an appointment and for my name. She checked my name off a list and told my husband and I to look at the checklist they provided in a little plastic folder and to put our paperwork in order according to the list and take a number. We went through ANOTHER security check point, went through the doors, and a lady printed out a number for us and told us to have a seat and organize our paperwork. We waited about 30 minutes to have our number called, and in the meantime we organized our paperwork and stuck it in the provided plastic folder. We also brought our I-864 and my dad's I-864A, which we put in a separate plastic folder they provided. Once our number was called we gave all our paperwork to the Japanese man through the little window. He checked it out, unstapled things that weren't meant to be stapled together, and generally sorted and fixed things the way he wanted. He asked us questions while he was working such as "How long have you been in Japan?" "What does this document show?" "Have you previously been married? Do you have any children?" and "Have you ever applied for an I-130 before?". He took my passport and our marriage certificate. The only problem we had was that my UK hubby didn't have the correct version of birth certificate- they want "the long one, with parent's names on it." They said they would accept the version we brought in but that to hubby's interview he'd have to bring in the correct one.

Then he moved onto our I-864. He asked why I had included my dad in our household member size if we don't live together now. I told him we would be living with my parents until we got our apartment and jobs sorted in America so I figured that meant we could be considered household members. He told me that it wouldn't work and that he'd need to file as a joint sponsor instead. We were confused but glad that we brought in the I-864 forms so that we'd have it sorted for hubby's interview. Anyway, he asked us to go to the cashier and pay the filing fee and come back with 2 receipts for each. We did that and he said to wait for our number to be called again.

About 10 minutes later our number was called and we went to a different window. There, an American man said that he'd be asking me questions to see if I qualify to petition for my UK husband. If I did, my name would be put through a background check and if that cleared, they'd send us a letter in the mail saying we would need to bring police certificates from every country hubby has lived in, a medical check, and to bring in the I-864. I said alright and he started asking questions: "When did you come to Japan?" "Why did you come to Japan?" "When did you two meet?" "When did you get married?" "Why did you get married?" This question confused me. I told him we had the same goals- we wanted to start a family and have a house. "Why America? Why not the UK?" "Have you met each others parents?" "Where do your husband's parents live?" "Where do your wife's parents live?" "Have you previously been married? Do either of you have kids? Do you have kids from previous relationships?" "What do you intend to do in America?"

We answered all questions honestly and then asked if he minded if we asked some questions about the I-864. This is where things got confusing, because we told him that we'd be living with my parents until we could get started over in America and we were confused as to which form my dad should fill out to support us. He went over to ask the man that had originally told us a "household member" wasn't going to cut it, but came back and said that my dad would be considered a "household member" if we were intending to live with him (didn't I tell the previous man that? why did he say that was wrong and we needed to file as a joint sponsor?). It was all very confusing and the American man went to ask the Japanese man questions several times. But basically, he said we could use my dad's income as support as a household member but that the house he and my mother owned wouldn't work for assets because they still need to live in it and wouldn't be able to sell it to support us. I told him that my dad's income might not be good enough because he is near retirement age and only works part-time, but that through assets that are NOT the house (stocks, bonds, 401K's, etc.) we could meet the requirements for support. He asked if my dad's name was on those assets and I said I wasn't sure, it might just be my mom's. He said if it was just under my mom's name, for her to go ahead and fill out an I-864 even though she's not a U.S. citizen. If it's all under both my parent's names, then just my dad filing out a form would be fine. We also determined that my dad's income alone was enough to support hubby because on his 2009 tax returns he filed $24,000.

Anyway, I feel like we got contradictory information between the Japanese man who said we couldn't file as household members and the American man who said we could. I was confused as to why they didn't take our forms in the first place then, since we did file as a household member, but hubby pointed out that our forms were incorrect anyway since my parents (and subsequently, I) counted the house as an asset on the I-864A, so we decided to drop it and just bring in the forms at his interview. Since we are still a bit confused, I am going to have my parents and I prepare the following versions of the I-864:

-One I-864A from my dad, minus the house listed as assets, and one I-864 with my dad listed as a household member, minus the house

-One I-864 from my dad filed as a JOINT SPONSOR rather than a household member, and one I-864 from me filed as a joint sponsor

-One I-864A from my dad and mom, and an I-864 from me

Hubby can bring ALL these forms. We'll probably turn in the I-864A and I-864 where we are all listed as household members first, and if they don't accept that we'll try the one where we are marked as joint sponsors. Do you think this is a good idea?

After we asked the American man all the questions we had, he said that he would approve me to file a petition for my hubby temporarily, and only temporarily because my name still needed to be cleared in a background check, but he handed me a letter that said "Congratulations!" and detailed what was to happen next. We thanked him for answering all our questions and he said he'd see us again at a later time.

I hope my account helps someone out there. We were a little nervous but our forms were more or less in order and we passed this stage. Arrive early, answer the many questions they ask as truthfully and accurately as possible, and make sure all your paperwork is in order. Bring the I-864 so that they can check it just in case there is a problem with it like we had!

Whew, thanks for reading. We'd love it if you have any advice/input on our little I-864 hiccup!

[kristinakiko 0]

Also another question- the American man said my parent's house doesn't count as an asset since they would need somewhere to live, it's not like they could sell it to support us. He said we couldn't include that as part of my dad's assets (as a household member). Is that true? On the I-864A Part 12 it says My Assets b. Enter the net cash value of real-estate holdings. If my dad's house can't be counted, what would go there?

[Marina-Del 10]

Congrats!!

yes, what they said is true. You have to be able to convert the assets into cash (to be able to support the immigrant) easily. And, if you can't do that, you cannot use the house. Since they live in the house, it's not easily converted to cash! So therefore you cannot use it!

Good luck with the rest of your journey!

[kristinakiko 0]

I'll simplify my question since no one has weighed in yet- is it appropriate for my dad to fill in an I-864A and be defined as "household member" if I'm not living with him now but husband and I are going to to be living with him in America? Or should he fill out an I-864 as a joint sponsor instead?

Edited March 31, 2010 by kristinakiko

[elmcitymaven 9,712]

Hi Kristin -- I keep meaning to get back to you on this but life keeps getting in the way!

Your dad can NOT fill in an I-864A; it must be an I-864. Only those who are members of the principal sponsor can fill out an I-864A. Think about it this way: is the other sponsor a part of my household right now? In almost every single DCF case, the answer is going to be no. It does not matter if you will live with your dad when you get back, or if you have the same mailing address in the US, or if you are putting down that address as your US domicile. The question is: when my dad and I fill out these forms, are we living with each other? If the answer is no, you both have to fill out an I-864.

Sorry the people at Tokyo were so confusing about this, but I can assure you that this is correct and you and your dad will be joint sponsors. You will be the principal sponsor and your dad will be the joint sponsor. Hope this helps!

[kristinakiko 0]

Thank you elmcitymaven! You are always very helpful!

To you or anyone else, I've got another question!

We are filling out the I-864 where my dad is a joint sponsor and under household member, he's got the intending immigrant (1), himself (1), his spouse (1), and I'm not sure where I fit in. I will be filling out an I-864 as well but my source of income will stop once I move to America so it's pretty much moot.

Should I check Optional box G: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.

I know I need to be counted somewhere but I don't fit in any of the options. I was not listed as a dependent on my dad's 2009 tax forms so I can't check that.

The I-864 is the worst form everrrrrrrr!

[kristinakiko 0]

Moreover, since my source of income will stop when I get to America, number 24 b.:

Household Size =

b.

Income you are using from any other person who was counted in your household

size, including, in certain conditions, the intending immigrant. (See step-by-step

instructions.) Please indicate name, relationship and income.

Should we write in me even though my income will stop? We will definitely be combining savings if that helps (hubby and I intend to live off of 15-20K until we find jobs).

[elmcitymaven 9,712]

You are not your dad's household member so you will not be counted on his I-864. The people counted on the I-864 will be himself, his spouse, and your husband. When you fill out your I-864, it will be you and your husband. You are ONLY counted on your own I-864 as the principal sponsor. No one needs to check box (g), and your dad would only fill in 24(b) if he was using his wife's income as well (in which case she would need to fill out an I-864A). You appear nowhere on your dad's I-864.

[kristinakiko 0]

Ok, cool, I see what you're saying elmcitymaven. So our household size is 3. My dad's income surpasses the 125% x poverty guidelines for 3 people, so I guess my mom doesn't need to fill out an I-864A. It has become relatively straightforward now and hopefully I won't have anymore questions!

[elmcitymaven 9,712]

Yep, your dad's household size is 3 and yours is 2. Glad you get it! It took me FOREVER to get my head round it -- I was lucky to have some great VJers to talk me through it, so I pass it on whenever I can.

And come back if you have more questions!

[Marina-Del 10]

Agreed...the I-864 is horrible. My mom is an accountant and she still had problems with it!! And now she's sent them all to me filled out and I'm finding mistakes....

[kristinakiko 0]

Agreed...the I-864 is horrible. My mom is an accountant and she still had problems with it!! And now she's sent them all to me filled out and I'm finding mistakes....

My mom is a retired accountant, and she sent me a frustrated e-mail saying "I can't do this anymore! I have a headache! Do it for me and we'll just sign it!"

[kristinakiko 0]

Ok I've got a new question about the I-864. Part 6 Question 23. My current individual annual income is: and again on question 24, my source of income will not continue once hubby and I move to the US. In fact my income will be $0 until we find jobs (we plan to live off of our savings until then). Should I write $0, or should I write my current income here in Japan and explain somewhere that it won't continue?

[Marina-Del 10]

Write your current income NOW, that's what the question asks...NOT how much you'll make in the US. You don't need to explain it anywhere. The officer will know this income will stop, and if he's curious about it, then he'll ask.

[kristinakiko 0]

Wahooooooo! We had our second interview today in Tokyo, turned in our I-864 and DS 230 Part II, etc. We were approved! I feel like a huuuuuuuuuuuuuge weight has been lifted off my chest!

We got there a little before 8 AM and there was already a line to get in. As before, we went through security and then, just before the actual entrance, checked in with the receptionist who gave us a clear folder with a piece of paper on it with the order of how things needed to be arranged.

We were a little surprised about a few things- whereas on the checklist on the Tokyo embassy website for this processes, it says the passport needs to be valid for 60 days after point of entry, on that paper it said 6 months. Also, the website checklist leaves off the DS 230 Part II and we completely forgot about it. Luckily we had turned that in with our I-130 (which said it was optional to turn in at that time). If you didn't, you absolutely DO need it so don't forget!

So we were told to have a seat and wait for our number to be called and in the meantime arrange the paperwork according to the instructions and to fill out a small piece of paper with questions: name, address, phone number in Tokyo, address and phone number in the U.S. They were actually on time with our appointment time this time, I guess because it was at the very first slot, and we headed up to the window they had called. We turned in our paperwork and she roughly checked it and said everything looked good. She told us to go over to the cashier and pay the filing fee while she checked everything over more thoroughly and entered all the information into a computer. We were to wait for our number to be called so my husband could be fingerprinted.

I have to say, everyone was really nice, friendly, and helpful.

Once our number was called, we handed in our two receipts for paying and another lady fingerprinted my husband. Then they told us to sit and wait again. This wait was a bit longer, I'd say about 20 minutes or so. I went off to get our marriage certificate translation notarized (I have a feeling I'll need that to change my name at the SS office back home!) so I was doing that. I came back to check on my husband a few times and I was really shocked to see how filled up the lobby got- all the chairs were full and there were soooooooo many people waiting! Really busy on a Monday morning at 9 AM!

While I was paying for the notarization I notice my husband was being interviewed by a man at a window. He finished and stopped to talk to a couple we had met earlier who were waiting- they had forgotten to include a copy of the passport holder for their joint sponsor on the I-864 and so their case was put aside. The man reckoned he could mail it in when they had it and then the embassy would mail through the visa. Anyway, I heard my husband tell the couple we were approved!

Once we were done, I asked him what the interviewer had asked him. Typical questions like when did I come to Japan, when did he come to Japan, why were we moving to the US, how long have we been living together, but here's the kicker....

I have a pretty uncommon name. The man asked my husband, "What ethnicality is your wife's last name?" I really wonder what would've happened if my husband didn't know. I mean it's not something obvious, like Martinez or Sato. Thankfully my husband did know... what a tricky question! He also asked "How do you pronounce it?" and made a little joke about the name

They told us that (with the medical report) the X-ray had to be shown to the immigration office at the point of entry so we should keep it in our luggage. The man said our case was approved and said a brown envelope would be inside the prepaid envelope we had submitted, which would come in the mail this week. This mysterious brown envelope is not to be opened and is to be carried with our carry-on luggage when we leave Japan for our POE.

My advice for the day:

1) Relax. Everyone was really friendly, as I've said, and nobody is scary. They are helpful and nice.

2) You have questions. They have answers. Just wait. The first time, when we submitted our I-130, we were really unsure about a couple of things and felt like we needed to explain ourselves for every document. It made the process x10 harder. Let them do their thing- if they have questions about something, if you've left something out or filled something in wrong they'll ask you about it. I think the process went so smoothly because we just stood there and let them work this time. At the end, they'll ask you if you have any questions.

3) Get there early. The security line is ridiculous. Don't bring a million things with you, either. It is just like a security line at the airport.

4) Bring something to read and a watch. It's boring and there are no clocks so it seems like time goes by reaaaaaaally slowly. We were shocked that we were in and out in about an hour and a half!

So, there it is. Everything went so smoothly and it was really quite easy this time. For now our visa journey has come to an end for now (we aren't entering the US until September!) but I'll be around if anyone has questions.

P.S. It is really weird that they don't give you an explanation or documents explaining the terms and conditions of the visa. I have a lot of questions but I know all the information will be here on the guides and such, so I'm gonna go research

Edited June 7, 2010 by kristinakiko