immigrating to the USA

[strange_r2000 0]

Sirs:

In regards to immigrating to the USA. I am an American citizen living in Beijing, China and have been married to a Chinese citizen for over 3 years. she is 51, a collage graduate, an electrical engineer and speaks English very well. We would like to begin the immigration process, but before we start to fill the forms out we have several questions.

(1) Can you tell us on average, how long does the process take. We own our home in Beijing, and will sell it in concert with the immigration process.

(2) I am a retired UAW member, aged 60. I rented an apartment in Illinois,usa before moving to Beijing in late 2001. At this time I do not own a home in USA, is that necessary to own a home in the USA during the immigration process.

(3) My monthly income is less than the 1.25% min per month for two people from my pension. The home she and I own in Beijing has been appraised at over 1 million Chinese, and those proceeds will go toward buying a new home in USA. Can our home in Beijing, be included in a statement to show our net worth ?

(4) We would appreciate being told, " What are the biggest mistakes people make in the immigration

process, in regards to answers, form fillings, and anything else you can think of "

Thank you very much

[canadian_wife 1,829]

I'd like to help even though I'm not a 'sir'

You can begin the process by reading the guides for the Cr-1 visa

http://www.visajourney.com/content/i130guide1

And you can also read about how to file with directly with the consulate because you (I assume) are a legal resident of China

http://www.visajourney.com/content/dcf

Owning a home is not a requirement for this process. However, you may be asked to prove re-establishment of domicile in the US - meaning that you need to prove you are intending to move to the US no later than your spouse. YOu can do this by having a home lined up, a job, etc. I believe your home can be included as long as you have an updated appraisal and a currency converted estimate of the value. However, I'm not sure how liquid a house is in China right now

Biggest mistakes are not filing the papers properly or assuming this is a quick process. There are guides, knowledgeable people on here, and example forms. Ask lots of questions, especially those with Chinese beneficiary because China can be a difficult consulate to deal with.

good luck

[Darnell 8,479]

you will have some issues, but they are 'overcome-able'

1. I-864 - this is for YOUR support of YOUR wife - not anything 'jointly held' - so if you have SOLE TITLE to the house (rare) then is OK for you to list it as an asset. You should be OK, though, with including a 'plan of sale' with the I-864, on the house. My suggestion would be, to sell the house right after the I-130 approval, put the proceeds in a USD currency account in China, solely in your name. Cash is computed as asset for 1/3 of the total amount.

2. US domicile issues. People in China without US Domicile, going for a DCF'd I-130, must be able to 'show USA domicile' or 'show intent to have USA domicile' by interview day. USUALLY is OK to leave China, after I-130 approval, return prior to interview date, with the proof.

your questions.

1. 2 to 4 months, from start to finish.

2. you'll need to be able to 'prove up USA domicile' on interview day. Sometimes this can be a lease, or house deed. IMO, lease is sufficient.

3. as I understand China Property Law - you may be listed as 'co-owner' but not as the 'sole-owner' so for 'assets' purposes on the I-864, you cannot count 'this' as your sole property - so

--if you are co-owner - can have her half counted as 1/5, your half counted as 1/3.

--if you are not any owner of the house, her asset can be counted as 1/5

but this house must be identified as a 'disposable asset' , as well. IMO, is better to sell the house after I-130 approval, put the proceeds into a USD account solely in yer name, you two live in other dwelling for some time whilst waiting for the DS-230/I-864 to be accepted and interview date.

--is not any concept of 'our net worth' on the I-864 - it's YOUR portfolio to support YOUR wife with YOUR money - not any 'joint stuff', but is possible to include joint stuff, at the ratios mentioned.

4. --proof of marriage bonafides. There's a list of 6 types in the I-130 instructions, please review them, map out yer documentation plan.

-- not proper residence type in China - hopefully, you have China residence permit (spouse of PRC citizen) and not some tourist visa .

that's about it, for now. The cool thing, for China-DCF - is that it's OK to leave China, after the I-130 approval, get back to the states, and generate that 'usa domicile proof' prior to interview date. I suggest that you send off the I-130, then when it's approved, sell the house, bank the cash, submit ds-230 and I-864, then go to USA to get a lease/rental agreement. In many places in USA, is possible to have other human agent to 'make the lease' paperwork for you in USA, not need to 'get to USA' to make yer USA domicile, but must have that signed document (faxed is ok) and proof of payment (wire transfer, or TT) .. Some realtors will do this for you, some leasing agents will do this for you, it all depends on whether or not they offer this service. I'd suggest getting a cheap rental somewhere, with the plan to move into a real house after the green card is received in the USA (she'll receive an IR-1 visa, btw, with a 10 year green card issued to her after her arrival in USA).

Good Luck !

[Darnell 8,479]

*** moving to DCF forum ***

[YuAndDan 153]

DCF in China is fairly quick, I have been seeing times like 4-5 months.

You can also get great China specific info here: http://candleforlove.com