Journey Started - Direct Filing in Beijing

[BeijingGeMenr 0]

Hello Forum,

My wife and I are currently living in Beijing and will finally be beginning the process of getting her immigration visa so we can continue our life back in the USA.

A little about myself and my wife. I moved to China in 2003 with the plan to have some adventure, gather some life experiences, and head back to the U.S. after six months or so. I moved to Beijing later that year, after having visited the city and realizing I enjoyed it, and have been here ever since...now some 9 years later.

My wife is from southern China but moved to Beijing in 2004 for University. Her and I worked in the same school as teachers and that's where we met.

We married in Jan of 2010, she visited my family in the USA in Feb. of 2011, and we just had our first child last October.

In this thread I hope to document the process of getting her to the States - from having absolutely nothing ready (now) to having her green card delivered (hopefully sooner rather than later).

As things stand now I have the slightest idea of what we need to do. To be honest we've procrastinated getting started on her green card because it seemed like a huge headache. There are also a couple of things that I think will be issues, such as the domicile, and the joint-sponsor. But I do hope to overcome those challenges and slog through this - and I hope to report in this thread an accurate portrayal of what happens on our Journey. The goal, as of right now, is to be home in time for Christmas 2012.

As we get started I do have a couple of questions. I'm hoping those that have done this or have knowledge can help out:

- We are starting from zero. From what I've learned thus far we need to file an I-130 form or application. Aside from the form that can be downloaded online what else should we include in the packet? I read something about a cover letter? Based on previous dealings with the embassy for my wife's tourist visa last year and our son's registration of his birth abroad - I assume there will need to be photos and other supporting documentation. What kinds of documents get put into the I-130?

That's where we're at. I'll let you all know when we've filed the I-130. We're going to be directly filing in Beijing.

[Imagination 15]

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

I hope this helps. Good luck

[Leatherneck 693]

Welcome to VJ!

[BeijingGeMenr 0]

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

I hope this helps. Good luck

Thank you. Very helpful

I have just completed form I-130 and two G-325a (one for myself and one for my wife). Using the references on the internet and the link provided in the post above I'll be gathering the required documents for our application.

If you can chime in about what you put in your initial I-130 application packet that'd be great. Did you just stick with what was recommended on the reference pages? Did you put any other evidence in?

Also - If anyone knows about creating those affidavits that are recommended that'd be great. I feel like we have enough evidence of marriage bona fides but any other evidence I doubt could hurt.

[BeijingGeMenr 0]

Welcome to VJ!

Thanks, Leatherneck

[Leatherneck 693]

Thanks, Leatherneck

You bet!

Be sure to download all forms from the USCIS website.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process and Procedures to DCF forum; OP is planning to file at a USCIS overseas field office.

Here is a link to the USCIS Beijing Field Office; you will be filing your petition here.

The following is quoted directly from that link:

Form I-130

U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come to the office during Window hours. The Beijing Field Office does not accept Form I-130 for brothers and sisters of U.S. citizens; these must be filed at the appropriate lockboxes according to form instructions.

U.S. Citizens with proof of residency in China or who reside outside of the Beijing or Guangzhou Consular Districts, may fee in their Form I-130 at the American Consulates General in Shenyang, Shanghai, or Chengdu. The must then mail in their Form I-130 with the fee receipt to the Beijing Field Office. The Beijing Office may contact petitioners and/or applicants to request personal appearances for an interview or to request additional documentation.

Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing.

[bigdog 376]

Welcome looks like you are on track.

[Darnell 8,478]

are you reading the I-130 instructions?

if so, you'll see a section about additional evidence (some is optional) to submit with the I-130,

that proves up a bonafide marriage.

Here's my list, what I prepped - http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240

You can refactor all to show that you live together in China.

Edited February 18, 2012 by Darnell

[BeijingGeMenr 0]

Moving on to the I-860 form or the affidavit of support. The current poverty guideline for three people (my wife, our son, and I) is $US18,530.00 which multiplied by 125% comes out to $US23162.50.

Source.

Now - I have made that much money as a teacher in China (just) for each of the past three years. Am I eligible to sponsor my wife on my own or would it be wise to still get a co-sponsor?

As for the co-sponsor...we do have one lined up, a family friend, who is a widowed retiree. She makes more than the threshold but does she have to make more than the threshold for 4 people? That would be my family of 3 people and herself? If so that would bump up the amount US$22,350.00 x 125% which would be US$27,937.00. Am I figuring that right?

Honestly - the affidavit of support/co-sponsor is the only thing that may hang things up a bit and, from what I've read, it's a pretty common predicament. That and, of course, domicile...I've lived in China for nine years now...but I guess that discussion will come later.

[Ryan H 3,812]

MNow - I have made that much money as a teacher in China (just) for each of the past three years. Am I eligible to sponsor my wife on my own or would it be wise to still get a co-sponsor?

Since that source of income will not continue after your return to the USA, it does not count; therefore, you will require a joint sponsor.

[BeijingGeMenr 0]

Since that source of income will not continue after your return to the USA, it does not count; therefore, you will require a joint sponsor.

That makes sense, thanks.

And can you confirm that the joint sponsor will need to make enough for my family of three plus her own household of one person? So in total four people?

[Darnell 8,478]

the uscitizen spouse is not counted in the headcount of a joint sponser, only the intending immigrants and the folks in the joint sponser's household.

The child could be considered a USCitizen, so unsure if include him in the headcount as well.

Edited February 22, 2012 by Darnell

[BeijingGeMenr 0]

the uscitizen spouse is not counted in the headcount of a joint sponser, only the intending immigrants and the folks in the joint sponser's household.

The child could be considered a USCitizen, so unsure if include him in the headcount as well.

Thanks, Darnell. Our son is a U.S. citizen...we took him to the embassy and got him a U.S. passport and social security card.

So would I be right in saying our joint sponsor only needs income sufficient for my wife and the joint-sponsor's household (which is one...she's a widow and close family friend)? So a total of two people then? If so then that greatly reduces the necessary yearly income.

[Darnell 8,478]

I THINK THAT's right - but -

hopefully some other folksen will weigh in on this. Soonish...