Interview next week!

[vwatts 0]

Hello all. I'm a newbie here but have gotten so much helpful info here already. My name is Vivian, but I am male.

Our story: My wife is American and I am South African. I met her while I I studied in California 1998-2003 and got my PhD there. We then moved back to SA together in 2003 and got married July 2004. My wife got her permanent residence permit to enable her to find employment easier and so we can purchase a house together. We always meant to move back to the US once I have worked back my scholarship.

I got an offer for a job in the US, (pending my immigrant visa) so we sent in the I-130 packet in May 22, 2007. It was approved about July 20, 2007 (staff shortage at consulate, I think). I received packet 3 on July 23 and sent it back the same day. Medical was also done last week of July. Interview date Aug 22.

Now, two questions:

1) Will we have trouble with the domicile issue?

Background:

*My wife earned SA income 2004-7 which cannot be used.

*Her father and mother are joint sponsor and household member respectively, and they easily meet the poverty guidelines.

*She has a valid US driver's licence and an active US bank account with a little money in it.

*Also, she filed 04-06 US tax returns and the 2555 exclusion forms.

*She jointly owns our house and so we cannot sell it until I have the visa.

*Also, since we want to move back together, we can't sign apartment lease in the US until I have the visa.

*We have an estate agent's valuation and sole mandate agreement for selling the house (we'll only sign a contract of sale once I get visa) and a quote from the moving company (same thing).

* We claimed the net house value as asset (jointly so 50:50 hers and mine) on I-864 and listed her US checking and my SA savings account too, as well as unit trust funds in SA.

* Her parents' invitation letter to stay with them while we get ready to move to our own apartment in the area where my job will be.

* Her email correspondence with possible apartments in that area as well as email correspondence with headhunters re. possible work opportunities.

2) I know what to take to the interview, but what do I make copies of? It's already such a large stack! For example, do we take copies of supporting docs e.g. joint sponsors' backup docs e.g. passport copies, etc, bank statements, stock certificates, cover letters, etc??

I'm looking forward to hearing from anybody. Getting nervous!

Edited August 14, 2007 by vwatts

[MargotDarko 0]

Hello all. I'm a newbie here but have gotten so much helpful info here already. My name is Vivian, but I am male.

Our story: My wife is American and I am South African. I met her while I I studied in California 1998-2003 and got my PhD there. We then moved back to SA together in 2003 and got married July 2004. My wife got her permanent residence permit to enable her to find employment easier and so we can purchase a house together. We always meant to move back to the US once I have worked back my scholarship.

I got an offer for a job in the US, (pending my immigrant visa) so we sent in the I-130 packet in May 22, 2007. It was approved about July 20, 2007 (staff shortage at consulate, I think). I received packet 3 on July 23 and sent it back the same day. Medical was also done last week of July. Interview date Aug 22.

Now, two questions:

1) Will we have trouble with the domicile issue?

Background:

*My wife earned SA income 2004-7 which cannot be used.

*Her father and mother are joint sponsor and household member respectively, and they easily meet the poverty guidelines.

*She has a valid US driver's licence and an active US bank account with a little money in it.

*Also, she filed 04-06 US tax returns and the 2555 exclusion forms.

*She jointly owns our house and so we cannot sell it until I have the visa.

*Also, since we want to move back together, we can't sign apartment lease in the US until I have the visa.

*We have an estate agent's valuation and sole mandate agreement for selling the house (we'll only sign a contract of sale once I get visa) and a quote from the moving company (same thing).

* We claimed the net house value as asset (jointly so 50:50 hers and mine) on I-864 and listed her US checking and my SA savings account too, as well as unit trust funds in SA.

* Her parents' invitation letter to stay with them while we get ready to move to our own apartment in the area where my job will be.

* Her email correspondence with possible apartments in that area as well as email correspondence with headhunters re. possible work opportunities.

2) I know what to take to the interview, but what do I make copies of? It's already such a large stack! For example, do we take copies of supporting docs e.g. joint sponsors' backup docs e.g. passport copies, etc, bank statements, stock certificates, cover letters, etc??

I'm looking forward to hearing from anybody. Getting nervous!

Hello there! I'm not sure how strict they are on the domicile issue in SA, but the US bank account, US driver's license, and tax returns go a very long way towards proving US domicile.

It's fine that the house isn't sold yet. The stipulation on using it for assets is just that it can be turned into cash within one year. And at any rate, it's sounds like you're all set with the joint sponsor. I notice you say joint sponsors, but technically only one parent is a joint sponsor and the other would be a household member of the joint sponsor. Did one parent fill out the I-864 and the other parent a I-864A? I think so, as in another place in your post you say joint sponsor and household member.

As for copies, I would make copies of anything truly important - birth certificates, marriage certificate, I-864s backup documention. If you're bringing e-mails and other secondary support, I wouldn't bother with copying that unless it's irreplacable to you.

I don't think you have anything to be nervous about. From your post, you seem to be very informed and prepared!

[vwatts 0]

Hello MargotDarko! Thanks. Yes, stressing for weeks on end forces one to do tons of research! You're right my father-in-law is joint sponsor (I-864) and my mother-in-law, same address etc. the household member. They had to combine income though since they're filing jointly. They therefore put the combined income for both forms' individual income and even used the house as asset. A nice cover letter explaining their situation accompanies the I-864's so now we just hope the consulate won't mind that they did it like that.

Then, I have a job offer (but haven't signed contract) from US employer. It's not against any rules to receive an offer from a US employer, PENDING VISA right?

Last question: On DS-230 II they ask to check all those categories of ineligibilities. One is strange to me. The one asking if one seeks to enter to perform skilled or unskilled labor without certification from the Dept. of Labor. Is that only for work visas and certain categories of workers? I'm not a doctor or anything like that. Just a scientist. I guess I need to check No there. Or, let me ask it like this: Do Family-based immigrants even need labor certification?

[MargotDarko 0]

Hello MargotDarko! Thanks. Yes, stressing for weeks on end forces one to do tons of research! You're right my father-in-law is joint sponsor (I-864) and my mother-in-law, same address etc. the household member. They had to combine income though since they're filing jointly. They therefore put the combined income for both forms' individual income and even used the house as asset. A nice cover letter explaining their situation accompanies the I-864's so now we just hope the consulate won't mind that they did it like that.

Then, I have a job offer (but haven't signed contract) from US employer. It's not against any rules to receive an offer from a US employer, PENDING VISA right?

Last question: On DS-230 II they ask to check all those categories of ineligibilities. One is strange to me. The one asking if one seeks to enter to perform skilled or unskilled labor without certification from the Dept. of Labor. Is that only for work visas and certain categories of workers? I'm not a doctor or anything like that. Just a scientist. I guess I need to check No there. Or, let me ask it like this: Do Family-based immigrants even need labor certification?

I've never heard of a job offer pending visa being a problem. Hopefully someone else can confirm for sure.

I'm sorry I haven't had to do the DS-230 II so I can't answer your question. I thought actually that only the DS-230 was needed when doing DCF? Although if the embassy sent it to you and said to fill it out, I'm sure it's right for you to fill it out.

[vwatts 0]

It's the DS-230 Part 2 that I meant. Everyone applying for an immigrant visa must do that one.

[MargotDarko 0]

It's the DS-230 Part 2 that I meant. Everyone applying for an immigrant visa must do that one.

Okay... I'm confused. I wasn't sent part 2. I only have one double-sided sheet of the DS-230 from the London embassy.

[elmcitymaven 9,712]

It's the DS-230 Part 2 that I meant. Everyone applying for an immigrant visa must do that one.

Okay... I'm confused. I wasn't sent part 2. I only have one double-sided sheet of the DS-230 from the London embassy.

Margot -- you get part 2 when you get packet 4. Just so you know that you shouldn't have received it yet!

[MargotDarko 0]

It's the DS-230 Part 2 that I meant. Everyone applying for an immigrant visa must do that one.

Okay... I'm confused. I wasn't sent part 2. I only have one double-sided sheet of the DS-230 from the London embassy.

Margot -- you get part 2 when you get packet 4. Just so you know that you shouldn't have received it yet!

Thanks! That makes me feel better!

[smdexpat 0]

Vivian,

Obviously there are no guarantees with the process - but based on my own experience - married my US wife in the USA but left immediately for Switzerland, assets in my name for the I-864, job offer for me based on Visa approval - you have nothing to worry about.

Mae sure you include a copy of your offer letter/contract (signed by you as well) as although this is not technically admissable, I found that the consular officer wanted to include it and it carried a lot of weight.

My wife had no earnings/no tax returns and all we needed to do to prove domicile is tell them that I had resigned, we had booked movers and our son was enrolled in school. The guy said "We'd better get you sorted out then."

Perhaps not typical - but our experience was really great after the !-130 approval.

cheers

[vwatts 0]

Hi there- Thanks for your reply!

I'm curious what exactly you meant with "as although this is not technically admissable". Do you mean the income can't be used on I864 of sponsor or do you mean I'm not allowed to have a signed agreement (although mine says i'd only start working after getting visa).

Vivian,

Obviously there are no guarantees with the process - but based on my own experience - married my US wife in the USA but left immediately for Switzerland, assets in my name for the I-864, job offer for me based on Visa approval - you have nothing to worry about.

Mae sure you include a copy of your offer letter/contract (signed by you as well) as although this is not technically admissable, I found that the consular officer wanted to include it and it carried a lot of weight.

My wife had no earnings/no tax returns and all we needed to do to prove domicile is tell them that I had resigned, we had booked movers and our son was enrolled in school. The guy said "We'd better get you sorted out then."

Perhaps not typical - but our experience was really great after the !-130 approval.

cheers

[MargotDarko 0]

Hi there- Thanks for your reply!

I'm curious what exactly you meant with "as although this is not technically admissable". Do you mean the income can't be used on I864 of sponsor or do you mean I'm not allowed to have a signed agreement (although mine says i'd only start working after getting visa).

Vivian,

Obviously there are no guarantees with the process - but based on my own experience - married my US wife in the USA but left immediately for Switzerland, assets in my name for the I-864, job offer for me based on Visa approval - you have nothing to worry about.

Mae sure you include a copy of your offer letter/contract (signed by you as well) as although this is not technically admissable, I found that the consular officer wanted to include it and it carried a lot of weight.

My wife had no earnings/no tax returns and all we needed to do to prove domicile is tell them that I had resigned, we had booked movers and our son was enrolled in school. The guy said "We'd better get you sorted out then."

Perhaps not typical - but our experience was really great after the !-130 approval.

cheers

I believe he means that the income will not count towards your income requirement for the I-864.