Move to Be With My Wife

[Simeon 25]

My wife and I submitted our I-130 in May 2013, and we are just awaiting the NOA2. I just want to be with her, just in case this process takes a much longer time. As a bit of background, our K-1 visa got denied after 3 years of processing, which was devastating to us. I had to be the one to tell her the visa was coming in a few months, in a few more months, in several more months... I have to make sure that doesn't happen again. If I moved to China to be with my wife, is there any reason I need to physically be in the US to further process the application?

Has anyone moved to be with their spouse? What did you do while in your spouse's country to pass the time? I've been told it can take up to 6 months to get a work visa in China.

Your thoughts are appreeciated, thanks!

[stevie b 141]

  On 9/14/2013 at 9:31 PM, Simeon said:

My wife and I submitted our I-130 in May 2013, and we are just awaiting the NOA2. I just want to be with her, just in case this process takes a much longer time. As a bit of background, our K-1 visa got denied after 3 years of processing, which was devastating to us. I had to be the one to tell her the visa was coming in a few months, in a few more months, in several more months... I have to make sure that doesn't happen again. If I moved to China to be with my wife, is there any reason I need to physically be in the US to further process the application?

Has anyone moved to be with their spouse? What did you do while in your spouse's country to pass the time? I've been told it can take up to 6 months to get a work visa in China.

Your thoughts are appreeciated, thanks!

I understand your sense of urgency

IMO it would not affect your processing but could affect your aos, domicile and the like unless you have that all tidied up too

with china being an EP country I do not believe you need to send any originals the nvc route, but I am sure someone else will chime in

[Simeon 25]

  On 9/14/2013 at 9:37 PM, stevie b said:

I understand your sense of urgency

IMO it would not affect your processing but could affect your aos, domicile and the like unless you have that all tidied up too

with china being an EP country I do not believe you need to send any originals the nvc route, but I am sure someone else will chime in

Hi Stevie, thanks for the reply. Sorry, I'm not too familiar with the proof of domicile requirements. If I own property, which I will not sell when I move, is that enough to show domicile? Assuming the visa comes within the next 6 months, will it become necessary to reestablish domicile?

I have hired an immigration attorney in LA to handle the case. So, it should be okay for me to not physically be in the US during the processing time? Other than submitting the original application for the K-1, I don't remember having to get involved in the visa process. Perhaps it is the same for the I-130?

[Darnell 8,479]

domicile (per the I-864 instructions) is evaluated on interview day,

so you have some time to sort this.

[Simeon 25]

  On 9/14/2013 at 10:03 PM, Darnell said:

domicile (per the I-864 instructions) is evaluated on interview day,

so you have some time to sort this.

Great, I didn't see this form on the timeline before. I see that I can use Item 5-2 to show I was staying in China temporarily by keeping up with taxes/voting, proving ownership of property, bank accounts, etc. Thanks, everyone!

[stevie b 141]

  On 9/14/2013 at 10:16 PM, Simeon said:

Great, I didn't see this form on the timeline before. I see that I can use Item 5-2 to show I was staying in China temporarily by keeping up with taxes/voting, proving ownership of property, bank accounts, etc. Thanks, everyone!

sounds good and you have all your aos stuff worked out as well I assume aye?

[Simeon 25]

  On 9/15/2013 at 2:25 AM, stevie b said:

sounds good and you have all your aos stuff worked out as well I assume aye?

Right, the I-485. We have done this for the denied K-1 already, and they did not find issue with it, except for Item 10 (eligibility for a K-1 visa): she was inadmissible by INA212(A)(3)(D)(i), shown below with my own emphasis. Her communist party status was required for her job as a government official, of which she was a rank-and-file member. However, we could not convince the consulate to accept that she needed the CCP membership for her job, as stated in section (ii), thereby being eligible for a K-1. But this time around, we are trying to utilize section (iv) to bypass this inadmissibility barrier, as I am a US citizen. I'm hoping that this strategy will completely bypass any AP, since no RFE will be necessary, as the exception is already codified in the INA.

  Quote

INA212(A)(3)(D)(i) - In general.-Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is inadmissible.

INA212(A)(3)(D)(ii) - Exception for involuntary membership.-Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.

INA212(A)(3)(D)(iv) - Exception for close family members.-The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.

[stevie b 141]

  On 9/15/2013 at 5:19 AM, Simeon said:

Right, the I-485. We have done this for the denied K-1 already, and they did not find issue with it, except for Item 10 (eligibility for a K-1 visa): she was inadmissible by INA212(A)(3)(D)(i), shown below with my own emphasis. Her communist party status was required for her job as a government official, of which she was a rank-and-file member. However, we could not convince the consulate to accept that she needed the CCP membership for her job, as stated in section (ii), thereby being eligible for a K-1. But this time around, we are trying to utilize section (iv) to bypass this inadmissibility barrier, as I am a US citizen. I'm hoping that this strategy will completely bypass any AP, since no RFE will be necessary, as the exception is already codified in the INA.

gosh i hate these acronyms ....

I was referring to the 864 affidavit of support

[Simeon 25]

  On 9/15/2013 at 5:36 AM, stevie b said:

gosh i hate these acronyms ....

I was referring to the 864 affidavit of support

lol, alphabet soup, stevie. Everything's good with the I-864, except maybe the issue below:

I-864 (Part 6):

• This part about sponsorship worries me, as I have to quit my current job to move to China. I will also not have a job in China, as I've heard it will take ~6 months to get a work visa. However, I suppose I could just apply for a job as soon as I get back, since my salary requirement for sponsorship is evaluated at the interview?
• Will the long period of unemployment affect my eligibility as a sponsor?

It sounds like they won't let her come to the US unless I actually have a job. Sounds like a catch-22. Does that mean I cannot be her sponsor? Or can I just show them a mound of cash and property equity? Thanks, everyone.

[stevie b 141]

  On 9/15/2013 at 5:58 AM, Simeon said:

I-864 (Part 6):

• This part about sponsorship worries me, as I have to quit my current job to move to China. I will also not have a job in China, as I've heard it will take ~6 months to get a work visa. However, I suppose I could just apply for a job as soon as I get back, since my salary requirement for sponsorship is evaluated at the interview?
• Will the long period of unemployment affect my eligibility as a sponsor?

It sounds like they won't let her come to the US unless I actually have a job. Sounds like a catch-22. Does that mean I cannot be her sponsor? Or can I just show them a mound of cash and property equity? Thanks, everyone.

yes this is why I put it out there

you will need to have the job or sufficient assets before the interview.. several months actually.. at the nvc

your current salary is used, although a recently acquired job doesn't always work for you, but also doesn't always go against you.. depends on how constipated the interviewing officer is that day

long period of unemployment affect it?? shoot man I hope not.. I am unemployed almost 2 years and am using assets only to sponsor. the mound of cash of which you speak should not be a spike in your bank account. if you have a home and sufficient equity then you are good too.

as for how that works.. get back to me on Oct 2 and I can let you know

also give your lawyer a call and see if he/she brings up this goodie bag after you tell them your plans.. you might get some of your money back

[Darnell 8,479]

  On 9/15/2013 at 5:58 AM, Simeon said:

It sounds like they won't let her come to the US unless I actually have a job. Sounds like a catch-22. Does that mean I cannot be her sponsor? Or can I just show them a mound of cash and property equity? Thanks, everyone.

Some folk lease out their house, and show that income on interview day.

If's that's possible for you - you should set that up before jumping across the pond.

[Simeon 25]

  On 9/15/2013 at 6:07 AM, stevie b said:

yes this is why I put it out there

you will need to have the job or sufficient assets before the interview.. several months actually.. at the nvc

your current salary is used, although a recently acquired job doesn't always work for you, but also doesn't always go against you.. depends on how constipated the interviewing officer is that day

long period of unemployment affect it?? shoot man I hope not.. I am unemployed almost 2 years and am using assets only to sponsor. the mound of cash of which you speak should not be a spike in your bank account. if you have a home and sufficient equity then you are good too.

as for how that works.. get back to me on Oct 2 and I can let you know

also give your lawyer a call and see if he/she brings up this goodie bag after you tell them your plans.. you might get some of your money back

I hope I have enough cash by the end of this stint in China. Mortgages hurt without income. Is Oct 2 your interview date? Good luck!

Regarding the unemployment, I-864 (Part 6):

4.

Unemployed since

(mm/dd/yyyy)

►[___________________]

5.

My current individual annual income is: [___________________]

They ask for the last time you had a job, but then ask for individual annual income right after that. I suppose they only care that you have income at all and the proverbial mound of cash.

[Darnell 8,479]

assets rule -

must show 3 times the difference (poverty line thresh-hold - current annual income)

[Simeon 25]

  On 9/15/2013 at 6:15 AM, Darnell said:

Some folk lease out their house, and show that income on interview day.

If's that's possible for you - you should set that up before jumping across the pond.

Right, I should rent out my place. The more income, the better. Thanks for that.

  Quote

assets rule -

must show 3 times the difference (poverty line thresh-hold - current annual income)

That's a lot... which instruction form does that appear on, by the way?

Edited September 15, 2013 by Simeon

[Darnell 8,479]

it's in the I-864 instructions somewhere.