This is an abbreviated version of the FAQ, in one document.
For further details, see the complete and applicable CFL FAQ.
|
Acronyms & Glossary |
Dept.
Of State (DOS) Glossary of Visa Terms
Visa Forms
USCIS – Forms
– USCIS forms generally begin with the ‘I’ or ‘G’ prefixes, but also ‘AR,
‘EOIR’, and ‘N’
DOS – Visa Application Forms - DOS forms will generally begin with
the ‘DS” prefix
DOS - Official
Forms
GUZ - Current Forms and Packets for K1/K2/K3/K4, Packet 3,
Packet 4, SB1 (Returning Resident)
VJ - Download Section for Visa, AOS, and other forms
VJ - USCIS Example Forms: (for K-1, K-3, AOS, and Removal
of Conditions)
CFL - CFL forms
"Expiration date" shown on forms
Note that any "expiration date" listed on a form is NOT that form's expiration date, but the Office of Management and Budget approval expiration date as required by the Paperwork Reduction act. Data is collected and submitted to the OMB in order to track its usage. A form may contain a notation such as:
Approved OMB 1405-0134
Expires 11/30/2011
Estimated Burden 1 Hour*
but the form may be used beyond 11/30/2011 unless the new instructions specifically state otherwise. Of course, it's best to try to locate the most recent version of any form you submit.
|
QUICK VIEW FAQ (one file) |
FULL FAQ (separate files) |
|
FORMS Forms for K1 – K4 petition submission I-129F = Petition for Alien Fiance G-325a = Biographic Form Forms for CR1/IR1 petition submission I-130= Petition for Alien Spouse G-325a = Biographic Form Forms for CR1/IR1 at NVC G-28 = Attorney of Record DS-230 = Application for Immigrant Visa DS-3032 = Choice of Address / Agent I-824 = Application for Action on an Approved Application
or Petition. I-864 = Affidavit of Support I-864a = Affidavit for household members I-864ez = Affidavit, EZ version Forms for P3 for K1 OF-167 = Evidence… To meet The Public Charge OF-169 = Instructions for Immigrant Applicants Forms for P4 medical (K or CR) DS-156 = Non-Immigrant Visa Application DS-156K = Supplemental K to DS-156 DS-157 = Supplemental to DS-156 DS-230 = Application for Immigrant Visa DS-2053 = Medical Examination DS-3024 = Chest x-ray DS-3025 = Vaccination Worksheet DS-3026 = Medical History GIV-24 = Family Composition Sheet GNI-2 = Supplemental Form OF-171 = Immigrant Visa Information Sheet P4 Letter = Packet Four Appointment Letter Intent to Marry = Intent to Marry for Alien Forms for K1 – K4 for Interview I-134 = Affidavit of Support Forms for AOS G-325a = Biographic Form I-485 = Petition for Adjustment of Status I-693 = Vaccination Supplement I-765 = Employment Authorization Document I-131 = Advanced Parole I-864 = Affidavit of Support I-864a = Affidavit for household members I-864ez = Affidavit, EZ version Forms for Lifting of Conditions I-751 = Petition to Remove Conditions Forms for Naturalization N-400 = Application for Naturalization Forms for Passport DS-11 = Application for Passport DS-64 = Statement Regarding Lost Passport DS-82 = Application for Passport by Mail Forms for Taxes 4506 = Request for Copy of Tax Returns 4506-T = Request for IRS Tax Transcripts Forms, Other AR-11 = Change of Address for alien FC-029 = Important Document Information G-1055 = Fee Schedule I-90 = Application to Replace Green Card I-94 = Arrival / Departure Record I-102 = Replacement of I-94 I-864P = Poverty Guidelines I-865 = Sponsor’s Change of Address I-601 = Application for Waiver SS-5 = Application for Social Security Number
|
|
Immigration Agencies Department and Regulatory History Family based visas classifications Lawful Permanent Resident Adjustment / Green cards Travel Issues Removing Conditions References Numbers “A” Number Priority Dates Name Checks Legal Name Change Changing Address |
|
||
|
Petition Submission USCIS Online case status |
|
||
|
Service Center receipt numbers |
|
||
|
Requesting another P2 |
|
||
|
I-129F and I-130 Processing Contacting NVC Shipments to GUZ Contacting DHL Notifications from NVC Calling DOS |
|
||
|
Consulate in Guangzhou Emailing GUZ Contact Info Name Checks Entering Cases received from NVC Priority of Cases |
|
||
|
Receiving mail from within China P3 Documents Requesting another P3 EMS Tracking Documents to Translate Translation period of validity Fluency example Notary Public Office: Gong1 Zheng4 Chu4 Items from USC Non-filing of taxes Employer letter |
|||
|
P4 Documents Telegraphic codes Medical Exam locations Items to bring to medical Vaccinations Paying the visa fee |
|||
|
Kitchen sink list Organization documents The day of the interview General advice Items that can raise a concern Top 10 most common questions Common questions about divorce Common items requested |
|
||
|
Video Tape Overcome steps to take |
|
||
|
Steps to Marry in China Sample Affidavit of Single Status |
|||
|
DCF What is requirement to file Where to file What to file Domicile issue |
|||
|
Taxes & ITN Shipments from China POE: Arriving in the US Social Security Number Lost or missing I-94 I-94 & Overstay K1 returning to China prior to marriage K1 & 90 days Passport expiration AOS Filing Medical Exam Supplement EAD AP AOS Cover Letter Sample for K1 |
--------------------------------------------------------------------------------------------------------------
OVERVIEW OF IMMIGRATION AGENCIES
& POLICIES
Two principle US agencies handle the immigration issues affecting
family based petition approval and visa issuance:
US Department of Homeland Security
(DHS)
US Citizenship and Immigration Services
(USCIS)
Regional
Visa Service Centers; Adjudicates family based petitions, I-129F (K-1) &
I-130 (CR/IR-1)
California
Service Center (CSC)
Nebraska
Service Center (NSC)
Texas
Service Center (TSC)
Vermont
Service Center (VSC)
National
Benefits Center (NBC), Missouri, IL; Processes I-129F (K-3) and Adjustment of
Status (AOS)
US Citizenship and Immigration
Services Ombudsman: The Ombudsman assists individuals
and employers who experience problems with United States Citizenship and Immigration
Services (USCIS). They also identify systemic problems with USCIS processes and
recommends solutions.
US Department of State
(DOS)
National
Visa Center (NVC), Portsmouth, NH; Receives and traces K1, K3, CR/IR1 cases
for consulates.
US Embassies & Consulatesoverseas.
Handle I-130 consular filings, conducts interviews for family based visas, and
authority to issue visas.
Office of Information Programs and
Services (IPS); The primary point of
contact for anyone seeking access to Department of State records via the
creation of a FOIA Requester Service Center to enable FOIA requesters to
inquire about the status of their requests and obtain information about the
Department's FOIA program.
It should be realized that all of responsible departments adjudicate a variety
of applications and petitions for immigration other
than just the family-based petitions that concerns this FAQ.
--------------------------------------------------------------------------------------------------------------
The
Immigration and Nationality Act (INA):
The
INA was created in 1952. Before the INA, a variety of statutes governed
immigration law but were not organized in one location. The Act has been
amended many times over the years, but is still the basic body of immigration
law. The Immigration and Nationality Act allows for the immigration of
foreigners to the United States based on relationship to a U.S. citizen or
legal permanent resident.
Department of State (DOS):
The
U.S. Government has diplomatic relations with about 180 countries. In most of
these countries, the U.S. maintains an embassy, which usually is located in the
capital. The U.S. also may have branches of the embassy, called consulates, in
other locations within the country. Consular Officers are State Department
employees. Bureau of Citizenship and Immigration Services
officers are responsible for administering the laws regulating the
admission of foreign-born persons (aliens) to the United States and for administering
various immigration benefits.
National
Visa Center (NVC):
In
April of 1994, the Department of State opened a permanent Immigrant Visa
processing facility at the National Visa Center (NVC) in Portsmouth, NH.
NVC processes all approved immigrant visa petitions after they are
received from Citizenship and Immigration Services in the Department of
Homeland Security (CIS) and retains them until the cases are ready for
adjudication by a consular officer abroad.
The
Child Citizenship Act of 2000:
This
Act allows certain foreign-born, biological and adopted children of American
citizens to acquire American citizenship automatically. These children did not
acquire American citizenship at birth, but they are granted citizenship when
they enter the United States as lawful permanent residents
(LPRs). In addition, foreign born children of legal permanent
residents will generally be granted automatic US citizenship if and when their
parents become American citizens
The
Legal Immigration and Family Equity Act ("LIFE Act"):
This
Act was enacted in Dec, 2000. Part of it’s provisions was meant to alleviate the hardships
faced by overseas spouses and children separated from their
The
LIFE Act created the K-3 and K-4 visa option for the spouses and children of
U.S. citizens to enter the U.S. on a nonimmigrant visa while their immigrant
status is being sorted out.
The
Child Status Protection Act (CSPA):
On August 6, 2002, the
President signed into law this Act. This law amends the Immigration and
Nationality Act (Act) by changing how an alien is determined to be a child for
purposes of immigrant classification. This law changes who can be considered to
be a child for the purpose of the issuance of visas by the Department of State
and for purposes of adjustment of status of aliens by the Immigration and
Naturalization Service (Service).
Department
of Homeland Security (DHS):
On
November 25, 2002, the President signed the Homeland Security Act of 2002, into
law. This law transfers the former INS functions to the Department of Homeland
Security. The immigration service functions are placed into a separate U.S.
Citizenship and Immigration Services.
U.S.
Citizenship and Immigration Services (USCIS):
On
March 1, 2003, service and benefit functions of the U.S. Immigration and
Naturalization Service (INS) transitioned into the Department of Homeland
Security (DHS) as the U.S. Citizenship and Immigration Services (USCIS).
USCIS processes all immigrant and non-immigrant benefits provided to visitors
of the United States, including family based petitions for alien spouse and
alien fiancée relationships.
National Benefits Center (NBC):
On April 16, 2003, USCIS approved the transition of the Missouri
Service Center (MSC) into the National Benefits Center (NBC), originally
created to process petitions associated with the Life Act (K3/K4).
The scope of NBC is now much greater than it’s
original function, but receipt numbers still bear the prefix of MSC.
To
serve USCIS Field Offices, the NBC will complete all necessary pre-interview
processing of I-485 Adjustment of Status cases, including conducting background
security checks, initial evidence review, adjudication of associated I-765 and
I-131 applications (filed with the I-485 or separately), denial of adjustment
of status cases for applicants who are statutorily ineligible, and forwarding
scheduled cases to the USCIS Field Office for adjudication.
Chicago
“Lockbox”:
A
unique function of the NBC is that the Center utilizes a Lockbox facility,
located in Chicago Illinois. The Lockbox is a bank under contract with the
Department of Treasury that performs fee receipting, fee deposit and initial
data entry for specified Forms according to business rules established by
USCIS. The Lockbox then forwards all properly filed cases to the NBC for
pre-interview processing steps.
--------------------------------------------------------------------------------------------------------------
DHS: http://www.dhs.gov/dhspublic/
USCIS: http://www.uscis.gov/graphics/index.htm
CIS Ombudsman: http://www.dhs.gov/topic/cis-ombudsman
Office of Immigration Statistics: http://www.uscis.gov/graphics/shared/statistics/index.htm
NVC: http://travel.state.gov/visa/immigrants/types/types_1309.html
Visa Statistics: http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
FOIA Request: http://foia.state.gov/foiareq/foialetter.asp
REGULATIONS:
Central Location: http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1?fn=document-frame.htm&f=templates&2.0
INA: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f3829c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=f3829c7755cb9010VgnVCM10000045f3d6a1RCRD
. . . more easily searchable - http://www.immigration-usa.com/ina_96.html
Foreign Affairs Manual (FAM): http://www.state.gov/m/a/dir/regs/
Electronic Code of Federal Regulations (e-CFR): http://www.ecfr.gov/cgi-bin/ECFR?page=browse
Visa Ineligibilities and Waivers: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
--------------------------------------------------------------------------------------------------------------
ALIEN ADULTS:
K1 = I-129F petition for fiancée, sent
to local USCIS Visa Service Center
K3 = I-129F petition for spouse
(created by Life Act of 2000), sent to Chicago office for process, then
forwarded to NBC.
CR1 = I-130 petition for spouse, sent to
local USCIS Visa Service Center
DCF = I-130 petition for spouse, sent to
regional consulate/embassy overseas. Requires
work and residency cards for USC in
CR1/IR1:
CR" stands for "Conditional Relative". IR stands for
“Immediate Relative”.
If you are married less than two years, that would be a
CR-1. You need to be married two years (as of entry to the U.S.) for an
IR-1 status.
CR[1/2] = Conditional
Relative; 1= alien adult; 2= alien child
- Conditional green card good for 2 years
- Issued to marriages less than 2 years
- Results in conditional Permanent Resident Green Card
- Must file to remove 'conditions', to get unconditional
GC
IR[1/2] = Immediate
Relative; 1= alien adult; 2= alien child
- Unconditional green card good for 10 years
- Issued to marriages at or over 2 years
- Results in unconditional Permanent resident Green Card
- Must renew every 10 years
ALIEN CHILDREN:
K2: A child of a K1 alien
fiancée. The K2 is a derivative status of the K1.
The child of a fiancé(e) may receive a
derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American
citizen petitioner, must make sure that you name the child in the I-129F
petition. After the marriage of the child’s parent and the American citizen,
the child will need a separate form I-485 Application to Register Permanent
Residence or to Adjust Status. The child may travel with (accompany) the K-1
parent/fiancé(e) or travel later (follow-to-join)
within one year from the date of issuance of the K-1 visa to his/her parent. A
separate petition is not required if the children accompany or follow the alien
fiancé(e) within one year from the date of issuance of
the K-1 visa. If it is longer than one year from the date of visa issuance, a
separate immigrant visa petition is required.
K4: A child of a K3 alien
spouse. The K4 is a derivative status of the K3.
The
petitioner must take care to name all your children on the Petition for Alien
Fiancée, I-129F petition. You must file separate I-130 immigrant
visa petitions for your children before they qualify for permanent residence.
When they adjust status in the United States, they must file Form I-485
Application to Register Permanent Residence or to Adjust Status with the USCIS
Office that serves the area where you live. Remember that in immigration law
children must be unmarried and under 21 years of age.
CR2: A child of a CR1 alien
spouse. The CR2 is NOT a derivative status.
A child does not have derivative status in an immediate relative (IR)
petition. A child is not included in his/her parent's IR
petition. If you are a U.S. citizen, you must file separate
immigrant visa petitions for each of your children. If you upgrade a family
second preference (F2) petition for your spouse and you did not file separate
petitions for your children when you were a lawful permanent resident (LPR),
you must do so now.
Comparison of Family Based Visas and their Pro/Con:
http://www.visajourney.com/forums/index.php?autocom=custom&page=compare
--------------------------------------------------------------------------------------------------------------
ADJUSTMENT OF STATUS / 2 YR GREEN CARD
Lawful Permanent Resident
(LPR):
K applicants may change their temporary K-status to that of
a lawful permanent resident once they are eligible, file a valid petition for
adjustment of status (I-485) and having the petition adjudicated (in most cases
at an interview). If the marriage was less than 2 years on the day you
were given permanent residence, then you will be a conditional permanent
resident for 2 years, and issued the 2 year green card. If
you are married for 2 years or more, you will receive a 10 year green card.
Green card:
Refers to the official card issued by the US
government to lawful permanent residents (immigrants) as evidence of their
authorization to live, work, and gain re-entry in the United States. It is
officially called Form I-551, the Permanent Resident Card.
--------------------------------------------------------------------------------------------------------------
TRAVEL ISSUES:
As a Chinese citizen, she will travel to all countries
(including China) on her Chinese passport, and will be subject to the travel
laws of those countries. And as a Chinese citizen, she can travel back to China
on her Chinese passport freely - no visa required. She'll also be able to exit
China freely to come back to the U.S. once she has her green card.
So, basically, for other than the U.S. and China - check
with the embassy or consulate of the country you want to visit to see what
their requirements are.
You do have to have the
plane ticket in the same name as on the passport though in order to board the
plane.
http://candleforlove.com/forums/index.php?showtopic=21507
Travel back to China with a Green
Card.
http://candleforlove.com/forums/index.php?showtopic=16784
--------------------------------------------------------------------------------------------------------------
REMOVAL OF CONDITIONS /10 YR GREEN CARD
A lawful permanent resident is given the privilege of living and working
in the United States permanently. Your permanent residence status will be conditional
if it is based on a marriage that was less than two years old on the day
you were given permanent residence. You are given conditional resident status
on the day you are lawfully admitted to the United States on an immigrant visa
or receive adjustment of status. Your permanent resident status is conditional,
because you must prove that you did not get married to evade the immigration
laws of the United States.
If you file your USCIS Form I-751 (Petition to Remove the Conditions on
Residence) on time, the USCIS will extend your conditional resident status for up
to 12 months while your Form I-751 petition is under review.
Removing Conditions:
Please note that if your marriage is less than 2 years old,
your spouse will receive a conditional green card which will be valid for 2
years. You and your spouse MUST file form I-751
(Petition to Remove the Conditions of Residence) jointly 90 days before your
spouse's green card expires.
At the end of the
two-year period, if nothing is filed with the USCIS, the person's conditional
status will expire. The I-751 is an anti-fraud
measure. It is designed to allow the USCIS to determine whether the marriage
is, indeed, bona fide. The expiration date on your alien
registration card (commonly know as green card) is
also the date of your second anniversary as a conditional resident. If you do
not apply to remove the conditions in time, you could lose your conditional
resident status and be removed from the country.
Upon removal of
conditions, the green card is valid for 10 years, and then a person has to get
a new one, but the status as Permanent Resident does not expire after 10 years.
PLEASE NOTE:
[You can't file before
the 90 days (green card expiration). 3 months can be more than 90 days (92). If
you submit too early, they will reject your application]
USCIS Memo on
waiving Interview
How Do I Remove
the Conditions on Permanent Residence Based on Marriage?
VJ:
Guide:
http://www.visajourney.com/forums/index.php?autocom=custom&page=751guide
Removing Conditions:
http://www.visajourney.com/faq/k1k2visa-removeconditions.html
Sample I-751:
http://www.visajourney.com/examples/INS-Form-I-751.pdf
CFL:
Greencard, Renewal
http://candleforlove.com/forums/index.php?showtopic=26573
Removal of
conditions, cover letter and items sent
http://candleforlove.com/forums/index.php?showtopic=20692
--------------------------------------------------------------------------------------------------------------
NATURALIZATION:
Q&A for new
naturalization test:
http://candleforlove.com/forums/index.php?showtopic=21523
Naturalization:
http://candleforlove.com/forums/index.php?showtopic=23266
I-751 and Citizenship:
http://candleforlove.com/forums/index.php?showtopic=31534
--------------------------------------------------------------------------------------------------------------
SOCIAL SECURITY CARD
AND IMMIGRANT STATUS CHANGE:
What if my immigration status or citizenship changed?
If your immigration status changed or you became a U.S. citizen, you should
tell Social Security so your records can be updated. To get your immigration
status or citizenship corrected, you need to show documents that prove your new
status or citizenship. Only certain documents can be accepted as proof of
citizenship for new and replacement cards. These include your U.S. passport, a
Certificate of Naturalization or a Certificate of Citizenship. If you are not a
U.S. citizen, Social Security will ask to see your current immigration
documents.
SS Online:
http://www.ssa.gov/pubs/10002.html#immigration
--------------------------------------------------------------------------------------------------------------
REFERENCE NUMBERS
THROUGHOUT THE PROCESS:
- Make a copy of everything that is sent to USCIS, NVC, or the
consulate.
- You will get:
o An I-797 Notice of Action with a receipt number at P1 & P2; P2
notice is very important. See P1
section.
o An Alien Registration Number, often just called an “A” number. You should see this on P1 and/or P2.
o A consulate case number “GUZ#” from NVC (sometimes referred to as
P2.5).
o Upon Visa Issuance:
§ Visa Number and expiration date for the visa in the passport. (Check name spelling and dates)
§ I-94 number and expiration stapled to K1 / K3 passports. (This determines the authorized length of
stay in the US). See I-94 section.
Keep
all these numbers handy, and the documents you receive, in a safe place. You will need them through the process and
the P2 will be needed by K# visa holders to adjust status in the US.
--------------------------------------------------------------------------------------------------------------
ALIEN REGISTRATION
NUMBER:
This
number is assigned by USCIS. It normally appears on any Notice of Action(I-797C) they send you. It will be listed in
BENEFICIARY box and look like A9x 1xx 7xx.
Since you are just starting to file and using the I-129F, Fill
in NONE [for the initial petition submission]. She does not have one yet. They
will assign it once your application is received. Then they will send you your
first I-797C (Notice of Action) also known as P1. It will have her alien
registration number listed. You should then reference it in any further forms
you fill out.
- For K1 and K3, the I-797,
NOA2, will contain the “A” number (Alien Registration Number)
- For K2 and K4, there
is not an “A” number assigned in the visa process since these are derivative
status classifications.
- For CR1, the “A”
number should be on the visa.
- For IR1, the “A”
number will arrive as part of the welcome letter.
NOTE for CR1 & K3
dual filers:
A
CR1 (filing only the I-130) will not have an “A” number to put into any
document during the process (unless the alien spouse previous was issued one).
Those
CR1s that filed a I-129F and have already received an NOA
(for the Life Act filing) with an “A” number should use that “A” number. It’s important to realize that only one “A”
number should get assigned to the beneficiary. If the K3 NOA is not available by the time the CR1 has to file a
document requesting it, then annotate as NONE. At some later stage, you might have it available.
There actually are four separate types of A#.
You can tell them apart by the number of digits and the first digit.
1) The first kind is an eight-digit A#.
These are manually assigned at local offices. If you have one of these numbers,
simply treated it as if it was "0" plus the number.
2) Nine-digit A#'s
that start with the digit 1 are used for employment authorization cards,
usually related to students.
3) Nine-digit A#'s
that start with the digit 3 are used for fingerprint tracking of V visa
applicants.
4) All other nine-digit A#'s (these
actually always start with a 0) are permanent A#'s
and remain permanently with you for life.
What is the "A"?
http://candleforlove.com/forums/index.php?showtopic=13739
--------------------------------------------------------------------------------------------------------------
PRIORITY DATES:
This
is the date a visa number is available. By law, a number is always available for family based visas; There is no waiting list for K or CR visas.
K
visa applicants get their priority date at the P3, but should correspond to the
date of the arrival of the initial I-129f as shown on the NOA-1. Since the number is issued by the State
department, it will be assigned either at NVC or GZ.
CR
applicants get their priority date on the I-130 NOA-2.
Priority
dates are generally thought to be meaningless for family based visa
applicants. There may be significance to
the priority date for those pursuing a K3; It may be the drop dead date for
filing for a K-3, since the priority date is the date that the immigrant visa
is available (I-130 NOA-2) thus making the K-3 application inapplicable on or
after that date.
--------------------------------------------------------------------------------------------------------------
NAME CHECKS:
The USCIS
generally uses a three-tier background check approach, although they are
allowed to use a number of other investigative techniques and resources if
deemed necessary:
1 ) IBIS (Interagency
Border Inspection Systems) background check at USCIS level. These checks are run before adjudicating any
petition or application.
2) FBI
Fingerprint Check—The FBI fingerprints many applicants
for a variety of routine reasons. The fingerprint check determines whether any
U.S. criminal record exists on the applicant. This check tends to take 24-48
hours. This type of check is in
conjunction with biometric or fingerprints being taken.
3)
FBI Name check, at the NVC and / or Consulate level.
Initial
responses to these checks generally take about two weeks. In about 80 percent
of these cases, no match is found. Of the remaining 20 percent, most are
resolved within six months. But if you have a very common name, and someone
else with the same name has a “hit,” it would take time for this security
check, to make sure it was not you who committed the crime.
USCIS: Immigration
Security Checks:
http://www.uscis.gov/graphics/publicaffairs/factsheets/security_checks_42506.pdf
Security Name Checks
and Administrative Review:
http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html
Name Checks / FBI / Security Clearance, Collection of Links
http://candleforlove.com/forums/index.php?showtopic=12275
DELAY ISSUES:
“The Consulate can
and does make weekly inquiries about the status of security checks that have
been pending for an unusually long period of time. However, since many of these
cases are dealt with outside the State Department, there is only so much the
Consulate can do to expedite the clearance. In September 2005, the Consulate
sent a comprehensive list of all long-time pending security checks to
Washington for their attention (currently around 680 cases). We now send this
comprehensive list weekly to Washington. Just because the Consulate makes an
inquiry does not mean that the clearance will be resolved quickly. Nor does a
Congressional inquiry always result in a quick clearance. However, if your
security checks have been pending for more than 6 months, you can contact us to
request that we send another inquiry to Washington.” -- USCONGUZ
NAME CHECKS AND AOS:
There
appears to be a growing backlog due to a name check at the Adjustment of Status
stage; although people are being approved at the interview, they are not being
issued the green card until the name check is complete. Some of these delays are up to a year. Here is a CFL thread which discusses Mandamus lawsuits being considered to
help expedite FBI name check results…
Filing Writ of Mandamus, lawsuits
http://candleforlove.com/forums/index.php?showtopic=15014
--------------------------------------------------------------------------------------------------------------
There
are a number of states who do not list a married name on their marriage
certificates, only the names of the people who were getting married. Another item concerning SSA, they may not
allow a name change to take place until the married name is entered in SAVE,
which only happens after you have filed for AOS. It's really much easier to get
the SSN in your SO's name and deal with the name
change after USCIS has updated their system. The important part is to get the
SSN, the name change issue is minor compared to waiting too late to get the
SSN.
In most states the SO will be able to get a state id in their married name with
their documentation and marriage certificate. Then a few weeks after receiving
the AOS receipt the married name should be in SAVE and the SSA is more
cooperative.
If you want SSN prior
to marriage
1.
Wait at least 10 days, then go file for a SSN.
2.
Get married; have
the marriage certificate reflect your SO’sname
change.
3.
When you go back to the Social security office take a certified copy of your
marriage certificate along with her passport and visa.
4.
Just fill out the application for ssn the way you want
her name to read.
If you want to get
married prior to SSN:
1.
Get married; have the marriage certificate reflect your name change.
2.
When you go to the Social security office take a certified copy of your marriage
certificate along with her passport and visa. Make sure you go back with more than 20 days
left on the I-94 expiration.
3.
Just fill out the application for ssn the way you want
her name to read.
MEMBER COMMENT: “Doesn't seem to
work that way in California. You apply for the [marriage] license using your
names at the time. The license is completed by whoever marries you. The
certificate comes back with her maiden name.”
More Member Comments:
1. “Most of the time
the SSA will only issue the card in the name that is in the computer with
USCIS, but once she gets her green card or EAD in her married name you can have
that changed.”
2. “We had no problem
getting SS card in wife's new married name. First trick was we got her a State
ID card with her married name. Then we took this along with marriage license to
SSA office. Card came in her married name.
Now, I would wait until after AOS is approved and she has green card. Then you
can get her name changed and have "Valid for work only with DHS Authorization"
removed at the same time.”
3. “My wife went and
got her SS number upon arrival in her last name. Then after we received the
marriage license, we went back to the SS office and updated the information and
requested my last name on her card. No problem...We also had no problem using
her last name as her middle name now on any of the AOS papers and green card.”
See
the Social Security Links in this thread:
The name game, why is it so complicated???
http://candleforlove.com/forums/index.php?showtopic=11264
If you wait until AOS
filing:
1.
You can file with maiden name and change it on paperwork at interview
MEMBER COMMENT: “My wife also kept her family name when we got
married. We changed it at the AOS interview when "they" asked, during
the interview, 'what name do you want?' We asked for her first, her last as
middle and my last as last.
The name was changed in the DOS files and came that way on the green card.
After we got the g/c we changed the D/L and the Soc Sec card.”
At Green card renewal,
removal of conditions, and Citizenship:
1.
Do it on the paperwork
MEMBER COMMENT: Something I noticed
when looking at green card renewal and removal of conditions was a
recommendation by one of the field offices that any name change due to marriage
be done with the renewal or removal of conditions.
Now I just took a look at the form and in Part 3 they have a place for other
names used including maiden name.
MEMBER COMMENT: You can change your
name when you apply for citizenship - there is a place on the form to do that.
Filing for AOS, but
confused about wife's last name
http://candleforlove.com/forums/index.php?showtopic=12408
CR1/K3:
legal name change (CR1 questioning)
http://candleforlove.com/forums/index.php?showtopic=6068
Name Change on Chinese
Passport
http://candleforlove.com/forums/index.php?showtopic=23989
-----------------------------------------------------------------------------------------------------------------
CHANGE OF ADDRESS
THROUGHOUT THE PROCESS
***
USCIS DOES NOT forward mail. Keep your
address changes up to date. ***
There
are three principle places to change an address, depending on where you are in
the process. If you are in-between
stages, refer to the next stage. Realize that if you file the AR-11 form that this will change the
computer address, but does not change any current petitions or applications;
you must still call the appropriate center for current petitions and
applications.
SERVICE CENTER, P1, P2 STAGES:
If
you put a Chinese address for your SO on the I-129F
Q.17 (address abroad in native alphabet), this is used for mailing the P3. If there is no Chinese address listed, it can
be sent to the beneficiary. If the Chinese
address is not clear or needs to be clarified, hopefully one puts down the SO’s phone number (Q.16)...
USCIS : 1-800-375-5283
File form AR-11 for the beneficiary, with the information, including your
"A" number.
The completed form should be mailed to:
U.S Department of Homeland Security
Bureau of Citizenship and Immigration
Change of Address
PO Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services, only:
U.S Department of Homeland Security
Bureau of Citizenship and Immigration
Change of Address
1084-I South Laurel Road
London, KY 40744
NVC, CONSULATE STAGES (P3, P4, Interview)
“If your [xxx]
petition has not been sent to Guangzhou, then you will need to contact the NVC
with your current mailing address. Once the NVC notifies you that the case file
has been sent to Guangzhou, you may contact us via mail, fax, or using our webform to let us know where you want any future
correspondence and Packets sent.” -- USCONGUZ
“You can also write
the beneficiary's address on the DS-230 part 1 when submitting it. If you forgot to do this when you originally
submitted these forms, and we already have your case here in Guangzhou, please
send us a fax that has the beneficiary抯 name, case number (if you have it), date of birth, and
address in Chinese characters. If we do
not have the beneficiary's address in Chinese characters, we will send all
correspondence to the petitioner in the U.S.” -- USCONGUZ
-
For a new address in the US you can submit this with the P-4 documentation.
-
For GUZ, you must fax the beneficiary’s new address, and put the address in
Chinese. You cannot email it as the email will not preserve the Chinese characters .
DOS/NVC/Consulate
Contact info:
NVC number, 603-334-0700
DOS 1-202-663-1225 , press 1,0,0
GUZ Fax #:
While in
While in the
(For GUZ, you must fax the new address, you cannot email it).
AOS, REMOVAL OF CONDITIONS, NATURALIZATION STAGES:
Any permanent change of address after your wife receives her green card needs
to be reported within 10 days of the official move using Form AR-11 and the
sponsor of an Affidavit of Support must report a change of address within 30
days of the official move using Form I-865.
USCIS
National Benefits Center (NBC)
NBC: 1-800-375-5283
File form AR-11 for the beneficiary, with the information, including your
"A" number. (see address above)
File form I-865 for petitioner, sent to the Service Center in which district
you will be residing. ( Note: The I-865 address change
is not actually required prior to the Adjustment of Status being approved, as
the I-864 is not enforceable until then).
How Do I Report a Change
of Address to the USCIS?
http://uscis.gov/graphics/howdoi/address.htm
AR-11 Form:
http://uscis.gov/graphics/formsfee/forms/ar-11.htm
Instructions for AR-11:
http://www.simmonsungar.com/news/AR-11.pdf#search='ar11%20instructions'
AR-11, Electronic
Change of Address:
https://egov.uscis.gov/crisgwi/go?action=coa
I-865 Form:
http://uscis.gov/graphics/formsfee/forms/i-865.htm
-----------------------------------------------------------------------------------------------------------------
VISA WEBSITES:
English based:
1.
A Candle for Love: http://www.candleforlove.com
2.
Visa Journey: http://www.visajourney.com
Chinese based:
1.
001 website for Chinese citizens who are waiting to get a visa. (the green site) : http://usa.bbs.net/bbs/01/index.html
2.
001 website for Chinese citizens who have gotten the visa and are now in the
USA. (the blue site):
http://jessi99.bbs.net/bbs/01/index.html
3.FromChinaToUS - 从 中 国 到 美 国 论 坛 : http://www.wowpicture.com/fromchinatousa_bbs/
-----------------------------------------------------------------------------------------------------------------
THE VISA PROCESS
-----------------------------------------------------------------------------------------------------------------
I-129F (K-1) &
I-130 (CR/IR-1)
Send
petition to USCIS regional visa service center.
Family
based immigrant petitions (I-129F/K# and I-130/CR#) are sent to the USCIS regional
center that has authority to review and approve family based petitions;
authority to adjudicate petitions resides solely with USCIS; not
with NVC nor the consulate. As
well, USCIS has authority to repeal it’s petition
approval based on return (and recommendation for revocation) of a case from a
consulate.
NOTE: Some petitions that are originally sent to
TSC or NSC are transferred to CSC for processing. You must still send the petition to the
regional center serving your state of residence.
Visa Journey:
I-129F
petition (K-1): http://www.visajourney.com/forums/index.php?autocom=custom&page=k1guide
I-129F
flowchart (K-1): http://www.visajourney.com/forums/index.php?autocom=custom&page=k1flow
I-130
petition (CR-1): http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide
-----------------------------------------------------------------------------------------------------------------
I-129F (K-3)
Send
to Chicago Lockbox (transferred to NBC). This petition package MUST include the receipt notice for the submitted
I-130 petition.
The I-129F for K3/K4, covered by the provisions by
the Life Act, is sent to the
Starting
Oct. 2006, the I-129F/K3 is forwarded to either CSC or VSC for processing. See this Public Notice press release:
USCIS
Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only), Petition
for Alien Fiancé
http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf
Visa Journey:
I-129F
petition (K-3): http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide
K3:
http://www.immigration-law.com/Misc.html
001 Flowcharts:
K1: http://www.laogonglaopo.com/001files/K1_FlowChart_EN_Rels.htm
K3: http://www.laogonglaopo.com/001files/K3_FlowChart_EN_Rels.htm
CR1: http://www.laogonglaopo.com/001files/AmericaCR1_FlowChart_EN_Rels.htm
DCF: http://www.laogonglaopo.com/001files/ChinaCR1_FlowChart_EN_Rels.htm
-----------------------------------------------------------------------------------------------------------------
NOTES ON PETITION SUBMISSION
AND MISTAKES:
1)
If you put a Chinese address for your SO on the I-129F
Q.17 (address abroad in native alphabet), this is used for mailing the P3.
If
there is no Chinese address listed, it can be sent to the petitioner, which
will cause some delay. If the Chinese
address is not clear or needs to be clarified, hopefully one puts down the SO’s phone number (Q.16)...
2) Once the petition
reaches us, if there is a small typo on the G-325A, it's not a big deal.
However, a typo on the I-130 or I-129F might mean that we need to re-do
security namechecks on an applicant.” -- USCONGUZ
3)I had at least one digit wrong in both my
wife's parents' birthdays on the G325a. We just put the correct ones on the P3
and later forms without comment and without issue – member’s comments
4)
Certificates and/or translation documents
-
Divorce certificate for both petitioner and beneficiary (if applicable, does
not expire; filed with petitions)
- marriage certificate (For I-130/CR1 & I-129F/K3 cases
only. If not in English then get a
translation; filed with petitions)
- Spouse's death certificate for both petitioner and
beneficiary (for a previous marriage where the spouse died)
-
Birth certificate for petitioner (for proof of citizenship; you may optionally
use a passport for proof; filed with petitions)
5)
Submit divorce certificates for ALL prior marriages; From
the instructions:
I-130:
A
husband or wife, give INS the following documentation:
1) a copy of your marriage certificate.
2) if either you or your spouse were previously marrried, submit copies of documents showing that all
prior marriages were legally terminated.
I-129F:
If either you or your fiancé(e) were married before,give
copies of documents showing that each prior marriage was legally
terminated
Divorce Certificate for
beneficiary:
If
divorced before, previous divorce certificates for each marriage are required.
If any child from previous marriage will also apply for visa, a divorce decree
showing the child's custody is needed.
“In most cases, an
interviewing officer will require more than the small divorce booklet. We
usually ask for a notarial divorce decree. It will be in the standard white
notarial booklet, have an official red seal, an English translation, and an
attestation to the true translation.” -- USCONGUZ
Custody
Declaration (independent of divorce certificate):
Declarer:
<ex-husband's name>, male, born on mm/dd/ccyy,
now residing at <his current address>.
I, <ex-husband's name> and <YOUR fiancee's
name> registered for divorce on <date of their divorce>. <child's name> is our only <daughter/son>. Her
mother <YOUR fiancee's name> is looking after
<child's name> after our divorce. Now <YOUR fiancee's
name> is wanting to immigrate to the
[signature]
mm/dd/ccyy
5) The
new I-130 requires evidence submitted for bona-fide Marriage and ongoing
relationship
See
Instructions, after 7.a.4, “Note…”
1.
Documentation showing joint ownership or property; or
2. A lease showing joint tenancy of a common residence; or
3. Documentation showing co-mingling of financial
resources; or
4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together;
or
5. Affidavits sworn to or affirmed by third parties having personal knowledge
of the bona fides of the marital relationship (Each affidavit must contain the
full name and address, date and place of birth of the person making the
affidavit, his or her relationship to the petitioner of beneficiary, if any,
and complete information and details explaining how the person acquired his or
her knowledge of your marriage); or
6. Any other relevant documentation to establish that thereis an ongoing marital union.
--------------------------------------------------------------------------------------------------------------
USCIS online case
status:
https://egov.immigration.gov/cris/jsps/index.jsp
--------------------------------------------------------------------------------------------------------------
P1:
--------------------------------------------------------------------------------------------------------------
After
filing your petition and paying your fees, you will receive a receipt number.
These receipt numbers are very important. Please use these numbers whenever you
write, call or email about your case. The numbering system used on receipts has significance.
The
P1 is a reference to the [usually first] I-797 (Notice of Action), and often
called an ‘NOA-1’. Typically, you can
expect the P1 in 10 – 40 days.
RECEIPT NUMBER:
The
P1 and P2 will have a receipt number for your case. It identifies where the case is being
processed.
LIN
= Lincoln, Nebraska or NSC
EAC = St. Albans, Vermont or VSC
SRC = Dallas, Texas or TSC
WAC = Laguna Niguel, California or CSC
MSC
= NBC (formerly MSC)
Example
number: LIN 99 001 50001
In
the example above:
The 99 represents the fiscal year (October 1, through September 30) in which
the case was received.
The 001 represents the computer workday in the fiscal year on which the fee was
taken.
The 50001 represents the particular case number.
--------------------------------------------------------------------------------------------------------------
P2:
--------------------------------------------------------------------------------------------------------------
Next
you are waiting for approval of your petition; you will be notified of this by
receiving another I-797, often referred to as NOA-2 (or P-2); You can check
USCIS web site for processing dates and time but it is recognized that often
these dates are not kept up to date as well as they should be. You can expect the P2 from VSC in 1 month;
the rest of the centers in about 2-4 months.
The
P2, notice of petition approval, signals the transfer of the petition to the
National Visa Center (NVC).
How Do I Request a Duplicate Notice of Approval?
You must file Form I-824 (Application for Action on an Approved
Application or Petition) at the USCIS office that approved your original
application or petition. Detailed information is provided in the instructions
for Form I-824.
Forms are available by
calling 1-800-870-3676, or by submitting a request through our forms by mail
system. For further information on filing fees, please see USCIS filing fees,
fee waiver request procedures, and the USCIS fee waiver policy memo. Please see
our USCIS field offices home page for more information on USCIS office
locations. The Fee is $200
K3 NOA2
http://candleforlove.com/forums/index.php?showtopic=19682
How Do I Get a Duplicate Approval Notice for my
Application or Petition?
http://www.uscis.gov/graphics/howdoi/dupapp.htm
--------------------------------------------------------------------------------------------------------------
NVC:
--------------------------------------------------------------------------------------------------------------
TheNVC’s initial processing of cases includes entering
the receipt numbers and petition information into the NVC database, initiating
an FBI name check, and assigning a case number (i.e.: GUZ#).
I-129F, K1 & K3
cases:
The I-129F petition goes through an ‘expedited
review’. Most K# cases complete their processing within 10 days, unless
additional security checks are required.
These cases undergoes brief processing which includes a
security check via the FBI’s NCIC system (
NVC
will send a notice to the petitioner stating that NVC has completed processing
and they expect the case to be forwarded to the consulate in a week. A second notices may be sent stating the case
has been transferred to the consulate. The case is transferred electronically and physically. The consulate will have enough information
on the electronic file to initiate their own security
checks.
At
times, you may see someone make reference to a P2.5. This is a reference to
the notice from NVC of the case being sent to the consulate.
I-130, CR1 cases:
The
I-130 petition goes through a ‘standard review’ and include
many additional steps over the I-129F petition.
The
time at NVC can range from two to six months. The process flow of the I-130 (CR-#) at NVC follows:
-
Petition information is entered into the NVC Database and a
GUZ # is assigned. Although
unusual, an RFE can be issued if something appears missing.
- The NVC would have sent you and your wife a
DS3032 (also known as a Choice of Agent Doc), if a G-28 (attorney of record)
doesn’t already exist with the case.
- This must be signed by your wife and
returned by her before the NVC will proceed. Generally it is better to have it directed to
a US address as these are sent out SIMPLY as First Class mail addressed in
English ONLY!
- Then they send you an Affidavit of
Support Fee Bill, and freeze everything until your check clears the bank. You must pay by money order or certified check.
- Then they ask for your Immigrant fee
bill (around $xxx). Again, freeze frame until the check clears.
- After that you get the “P3”, assuming
your wife has named you agent of choice in the DS3032.
- The term "P3" when referring
to CR-1 is not completely the same as that used for K# cases. It’s the I-864 and DS-230 part1. The I-864 to sent
to the
- After both P3 forms are back with NVC, the case is checked for being ‘documentarily
qualified’, which means that all the forms and documents meet approval. The case is transferred to the consulate, electronically and
also physically via DHL.
CR/IR
cases are sent electronically to the consulate, as well the physical file is
sent but may take up to a month to be received and entered into the consulate
computer.
CR1 NVC Flowchart (VJ):
http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf
CR1 Flowchart (001):
http://www.laogonglaopo.com/001files/AmericaCR1_FlowChart_EN_Rels.htm
--------------------------------------------------------------------------------------------------------------
CONTACTING THE NVC:
Try
to call the NVC number, 603-334-0700.
Press 1 (for English)
Press 1 (for Immigrant Visa status)
Press 1 (for CIS receipt number - from your VSC NOA2 - I-797 form) or
Press 2 (for your NVC case number - you do not have this yet)
You can call anytime , so try 603-334-0700 then press 1 - 1 - 1 and enter your
CIS receipt number. If the NVC has received your petition and assigned a case
number the NVC automated system will tell your NVC case number. After you have
this, you can now use the case number to check the status of your case at the
NVC (if you do not need to talk to a live person).
Members comment on
getting information for the I-129F/K3:
When
you call NVC the automated systems only tell you about I-130 petitions.
You need to talk to a live operator.
Dial the NVC number and then push 1 then 5
make sure you have your I-129f GUZ number your SO date of birth and SO full
name!
NVC
Email: NVCINQUIRY@state.gov
--------------------------------------------------------------------------------------------------------------
NOTIFICATIONS FROM THE
NVC:
CFL member comments:
“…I called NVC today. The guy told me that
my petition was indeed sent and that I might not get anything in the regular
mail if I got the email. He said, sometimes, when they notify someone by email,
they don't send them snail mail.” - Nov. 2006
--- SAMPLE EMAIL ---
Dear
-----------,
Your visa petition has recently been forwarded to the Consulate General. Please
allow 10-15 business days for the Consulate General to receive the petition.
Case Number: --------------
Beneficiary's Name: ---------------
Preference Category: K1
Your Priority Date: 03Nov2006
Foreign State Chargeability: CHINA - MAINLAND
U.S. Embassy/Consulate: CONSULATE GENERAL OF THE UNITED STATES, VISA UNIT
1 SHAMIAN STREET SOUTH
GUANGZHOU 510133
PEOPLE'S REPUBLIC OF CHINA
Regards,
National Visa Center
ACB
--- SAMPLE LETTER: ---
Dear
Petitioner:
The State Department's
Our records showed you filed the I-129F petition for:
Name of Fiancée: --------------
INS Receipt Number: ---------------
-Bar Code-
Case Number:-------------
The case will be processed at:
Post: GUANGZHOU CONSULATE GENERAL OF THE UNITED STATES, VISA UNIT
1 SHAMAIN STREET SOUTH
GUANGZHOU 510133
PEOPLES'S REPUBLIC OF CHINA
Your fiance will soon receive a packet with
instructions from the consular section on how to apply for the K1 visa at the
post and what documents will be required.
Sincerely,
Bureau of Consular Affairs
--------------------------------------------------------------------------------------------------------------
SHIPMENTS TO GUANGZHOU:
“It is true that items
shipped to a U.S. diplomatic mission under diplomatic seal via diplomatic pouch
are not subject to customs inspection. However, cases shipped to us from NVC
are not shipped under diplomatic seal and are not shipped via
diplomatic pouch, they are shipped via commercial
carrier - DHL. Once the boxes arrive in customs quarantine we are notified of
that, we then request that the boxes be released and, after some wait, the
boxes are released. DHL picks up the boxes and delivers them to the Consulate…
Simply because a
commercial carrier notes in internal documents an item as "U.S. Diplomatic
Papers" that doesn't by any stretch of the imagination mean that the item
will be handled in accordance with international accords on diplomatic
privileges and immunities. I can take a big red pen and mark "U.S.
Diplomatic Papers" on every piece of personal mail that I send out. Does
that mean that my personal will be immune from customs inspection? Of course not.” -- USCONGUZ
The
NVC sends the petitions to Guangzhou via DHL which generally ships them to the
White Swan Hotel in Guangzhou. The filesare held in a
warehouse till the package can be cleared and ready for the consulate to
accept. Then it is transferred to the
consulate where it is input into the computer. Once a petition is entered into the consulate computer system, it is
accessible to DOS as well.
It
is not really recommended to attempt to trace the shipment. You will only be able to trace the batch of
packages that left on certain days, not your exact case. You can contact NVC to confirm that the case
was physically sent. Once the case
leaves the NVC, all inquiries for case status should go to DOS. Once you receive notice that the case will be
forward to the consulate, you should wait about 30 days to call DOS.
--------------------------------------------------------------------------------------------------------------
CONTACTING DHL:
DHL:
1-800-225-5345. Give them the NVC address (32
The most important parts to DHL are the zip codes.
Example tracking from
the website:
GO
to DHL Worldwide Express website http://www.dhl.com
Select USA
A new page will open
At the top highlight tracking and click on TRACK BY REFERENCE
In the Reference field = [see below]
For
the Shipment date you should select
a day before and after the date NVC said they sent your file.
Customer number = blank
Origin Postal code = blank
Destination tariff
point
= CAN
Then Click Track
Possible Reference
Fields:
1)
“CORRESPONDENCE” TENDS to return piece = 1 and the weight TENDS to be lower but
it appear the weight is can be anything (I saw one at 22 lbs).
2)
Using “I-730” TENDS to return piece > 1 .. and therefore they TEND to be more weight.
3)
“expedite NIV section”
4)
“expedite IV section”
All
return different packages.. no
package appears to return for any two
different references used.
Member comments: “NVC does not tell you the day DHL picked up your
package. They may say, it was sent on a certain day but we cannot be certain
that date matches the DHL pickup day. I suggest you track packages a week before
and after the date you are given and use both references. You only need
reference, date and destination tariff point to make sure you're seeing
packages from NVC to GUZ.”
Member comments: “having gone through
trying to track the package without ANY specific information and spending many many hours based on word of mouth information trying to
figure where the package was and what it was doing (I even made an excell spreadsheet tracking for similar shipping data for
reference), I will honestly tell you that your time is better spent doing
ANYTHING else. I think back at this period of time and refer to it as the
pissing-in-the-wind phase of waiting (I just made myself more frustrated for
the times that I thought it was there and then finding it really wasnt (or was it???)). Either way, it doesnt matter until it is recieved
physically and loaded.”
[editor's notes:] Attempting to track DHL shipments to the consulate can never really give
you an exact status of the package. It
is recommended that you follow the timeline averages and call DOS at the time
the case is expected to be with the consulate.
DHL Tracking
http://candleforlove.com/forums/index.php?showtopic=21349
How to trace the CR paperwork on DHL
http://candleforlove.com/forums/index.php?showtopic=21193
--------------------------------------------------------------------------------------------------------------
CALLING THE DOS:
After about 30-40 days after P2.5, you should call DOS to
see if the case is received, entered, and if any namecheck
is pending (or complete).
202.663.1225
Then press 1, then press 5, then press 0.
When the visa specialist answers, they will ask you the following information:
Beneficiary's Case Number: [b]GUZyyyyxxxxxx
Beneficiary's Name (maybe ask for this)
Beneficiary's Birthdate (maybe ask for this)
Terminology
used by DOS personnel, in reference to a case:
LOADED = NVC has sent an electronic copy of the petition to GUZ, but
hardcopy petition information has NOT been entered by GUZ.
OPEN = This does not occur until AFTER GUZ
signs by STAMP for the DHL package sent by the NVC. Within days to a few weeks
after that, GUZ will enter information into the computer and the case is then
considered to be "Open." The P3 is then mailed.
IN QUE = Namecheck, if any, and other
paperwork is clear. Indicates that an interview date has been
set. This is the final stage at GUZ before the interview.
--------------------------------------------------------------------------------------------------------------
US Consulates:
--------------------------------------------------------------------------------------------------------------
The
US Consulates have authority to issue visas and can recommend petitions for
revocation. In the case of revocations,
the case is sent back to USCIS for review and a determination.
“We do our best not to
release case specific information to these third parties. This is why we are
strict about email addresses used. If you want to switch email accounts, let us
know via fax or mail. Ask specifically for us to make a case note in the file
with your new email address. Then when you send future email inquiries, you
won't get the "unable to distinguish if you are the petitioner"
response. As with any fax or letter, it will take us a little longer to process
it than an email.” -- USCONGUZ
美国驻广州总领事馆
The US Consulate General in Guangzhou
No. 1 Shamian South Street
Guangzhou, PRC 510133
Tel: (86-20) 8121-8000
Fax: (86-20) 8121-9001
Email: http://www.usembassy-china.org.cn/guangzho...iv/contact.html
美国驻广州总领事馆
中国广东省广州市沙面南街1号
邮编510133
电话: (86-20) 8121-8000 传真：(86-20) 8121-9001
English (英文版):
http://guangzhou.usconsulate.gov/index.html
Chinese (中文版):
http://www.usembassy-china.org.cn/guangzhou/index-c.html
General
questions that are not specific to your case may posted
to the “USCONGUZ” forum in A Candle for Love (www.candleforlove.com). A consular
official will answer questions that he feels will serve the general interest.
New IV Unit Address:
5th floor-2nd annex
Tian Yu Garden
136-142,
Zhong Road
Tel: (86-20) 8518-7605
Fax: (86-20) 3884-4412
http://guangzhou.usconsulate.gov/immigrant_visas.html
广州市天河区林和中路136-146号天誉花园（二期）5楼
Holiday Schedule:
http://www.usembassy-china.org.cn/guangzhou/cg/holiday.html
Lost or Stolen Passport
http://www.usembassy-china.org.cn/guangzhou/cons/pass.html
American Citizen Services
Tel: (86-20) 8518-7605
Fax: (86-20) 3884-4410
Email: GuangzhouACS@state.gov
phone # from the US - 011 8620 8121 8000
Emergency Services:
If you have an emergency during our office hours, please call the Consulate at
(86-20) 8518-7605.
Emergency Fax #:
While in China: 020-38844412
While in the US: 011-86-20-38844412
--------------------------------------------------------------------------------------------------------------
ENTERING CASES RECEIVED
FROM NVC:
“We receive a bunch of
boxes from NVC once they have cleared customs. These cases are not in any
specific order. As we pull the cases out of the boxes we begin processing them.
In general, when we receive a new shipment of boxes, we begin processing all of
the cases in those boxes on the same day.
We do not attempt to arrange these cases in order of priority date and if we
did, it wouldn't make any difference in how fast they are processed, because we
process them altogether.
Once cases reach us here, the priority dates are only important for cases in
numerically limited visa categories.” -- USCONGUZ
--------------------------------------------------------------------------------------------------------------
NAME CHECKS AT
CONSULATE:
“In most cases the namecheck process for K petitions is completed at the NVC
before they send the file to post. I'm sure there are a small number of cases
that arrive at post with namechecks still pending,
but it is not common. We would not hold up the Packet 3 for the namecheck results, but we do delay the interview until the
results are received.” -- USCONGUZ
“If we have already received
the namecheck results in a K3 case, we normally apply
those results to the CR/IR case. You do
not need to contact the Consulate in this situation. We will use the first namecheck result that we receive.” -- USCONGUZ
Once the petition
reaches us, if there is a small typo on the G-325A, it's not a big deal.
However, a typo on the I-130 or I-129F might mean that we need to re-do
security namechecks on an applicant.” -- USCONGUZ
If you are unable to
correct the [name] error before the case is sent to Guangzhou, then once the
case arrives in Guangzhou, you can mail a notarized copy of a birth
certificate, with the appropriate case number referenced, directly to the
Consulate. Otherwise, the correction will not be made until the day of the
interview, which could lead the previously mentioned delays in processing. -- USCONGUZ
Typically,
GZ (or any embassy/consulate) requests a name check based on application data
received. NVC notifies GZ when an I-129F petition is approved. (This notice is
sent to GZ by email, followed by the hard copy petition and approvals file).
The name check request usually is sent at this point - right around the time GZ
mails out the P3.
The name check request goes to DOS in D.C. DOS then sends the name check
request to various US security agencies - FBI, CIA and other such entities.
These security agencies perform a standard process. The process doesn't vary,
but variables can occur with each individual case.
Normally, the US security agencies do not request data from the respective
foreign government, but this can vary depending upon US relations with that
government. Special mutual security agreements with a foreign government can
enable direct data sharing. It's my guess that the US security agencies don't
request data from the Chinese government. Normally, the entire name check
process occurs internally - within the various US agencies.
During this P3-P4 name check, several different checks actually occur,
performed by different US security agencies. When the name check is complete,
GZ is notified and can then continue processing the fiancée’s application -
leading to the P4.
--------------------------------------------------------------------------------------------------------------
PRIORITY OF CASES AT
CONSULATES:
“If Petitioner X has a
CR/IR case and Petitioner Y has a K3 case eligible for an interview at the same
time, we would usually give priority to the K case.” -- USCONGUZ
[Editor]: A CFL member reported this same comment from
a VO at an American Citizen Hour in 2005, about a year before.
--------------------------------------------------------------------------------------------------------------
P3:
--------------------------------------------------------------------------------------------------------------
CONSULATE RECEIVING
MAIL FROM WITHIN CHINA:
“Mail sent from inside
China to the Consulate's Shamian Island address is normally received by our
Consulate mailroom. If the mail is received on a weekend, the White Swan Hotel
will receive it until our mailroom reopens during the work week. The Consular
Section at Tian Yu picks up mail from Shamian Island
twice a week. The IV Unit receives a large volume of correspondence, and we
in-process the mail as quickly as we can given our resources.” -- USCONGUZ
P3: (K applicants)
Once
the consulate has the electronic information on the case, a name check can be
initiated; once the physical file is received and entered into the computer, a
P-3 is generated and sent to your SO. Upon her return of the necessary P3 documents,
it can be processed through another security check. Once a case is documentarily qualified (case
is at the consulate, all documents are in order, and name check is complete) an
interview date can be assigned. At that
point, you are waiting for the P4.
If
the P3 was sent to the petitioner in the US, usually this is because the
address that was put in Chinese cannot be read properly.
To
request another P3 from the consulate:
1)
Email the consulate and provide the Chinese beneficiary’s cell phone number,
ask the consulate to call to get the correct address.
Email: http://www.usembassy-china.org.cn/guangzhou/iv/contact.html
2)
Fax the mailing address in Chinese characters to them at:
Fax: 86-20-8121-8341.
Note:
The email system at the consulate will not accept the Chinese character
3)
Beneficiary can download the paperwork from the US Consulate website:
http://guangzhou.usembassy-china.org.cn/visa_packet_forms2.html
--------------------------------------------------------------------------------------------------------------
P3 Documents for K1:
Instruction
letter in English
Instruction letter in Chinese
Instruction supplemental information sheet
Application for immigrant visa and alien registration (DS-230 part I)
Instructions for immigrant visa applicants (OF-169)
Notice to all non-immigrant visa applicants (list of CITIC Bank) in English
Notice to all non-immigrant visa applicants (list of CITIC Bank) in Chinese
Evidence which may be presented to meet the public charge provisions of the law
(OF-167) **
When
your fiancée gets the P3 packet in the mail she must return 2 forms:
1. DS-230 (part I)
2. OF-169
P3 Documents for K3:
1. Instruction
packet (Packet 3) letter in English
2. Instruction
packet (Packet 3) letter in Chinese
3. Application
for immigrant visa and alien registration (DS-230 part I)
4. Instructions
for immigrant visa applicants (OF-169)
5. Notice
to all nonimmigrant visa applicants (list of CITIC Bank)
6. Evidence
which may be presented to meet the public charge provisions of the law (OF-167)
--------------------------------------------------------------------------------------------------------------
EMS (Express Mail
Service) Tracking, Chinese version:
Simplified
characters in this document may be enabled by selecting “View”, “Encoding”, and
“Chinese (Simplified)” in Internet Explorer.
http://www2.183gz.com.cn/company/ems/ems_ptyf.php?from=home
put the tracking number (like EOXXXXXXXXXCN) in the white box
in the top/left of the page where it
says:
输入邮件号查询: (simplified characters should display to
the left)
and then just press the Enter key.
English
version:
http://www.ems.com.cn/qcgzOutQueryAction.do?reqCode=gotoSearchE
--------------------------------------------------------------------------------------------------------------
The documents needing
translation from Chinese to English for k-1 beneficiary:
Notarial Translations
by Notary Public Office (see next section also):
For
certificates like Police, Marriageability, Birth, etc,
get the translation done at the Notary office, and have the translation bound
to the certificate in the same book. Also get 1 or 2 spares of the Birth Cert
with Translation, it will be needed later in the
states.
-
Marital / Single certificate (For I-129F/K1 cases only. valid for one year;
bring to medical exam)
- Birth certificate (does not expire)
- Police Certificates (valid for one year)
The
process starts at the city where the hukou ( register) is maintained.. Not where SO currently lives, unless that is where hukou
(household register) is registered.
Police
and single status petitions expire. Generally it is good to obtain both of
these closer to the interview. A single certificate dated earlier than your
engagement or petition filing could easily be questioned, even if unexpired.
Other Translations:
IF anything else you can have anyone who is fluent in English and Chinese do
the translation and "Certify" their translation by making a statement
like this at the bottom of the translation.
At the consulate in Guangzhou there was a paid translation service on the first
floor of the building.
Note on translations:
“All documents that are in a
language other than English must be submitted with a translation. The person
translating the document must certify that the translation is complete and
accurate and that he/she is competent to translate from the foreign language
into English.” --
USCIS
“Translations: Police certificates from
other countries not in English, or in the official language of the country must
be accompanied by certified English translations. Translations must be
certified by a competent translator and sworn to before a notary public.” -- US Consulate (GUZ) website
--------------------------------------------------------------------------------------------------------------
What's the period of validity for medical reports and notarial certificates?
“Notarial birth certificates, marriage
certificates and divorce certificates have unlimited validity. Medical reports,
notarial single certificates and police certificates are good for one year from
the date of issuance.” -- US Consulate (GUZ) website
--------------------------------------------------------------------------------------------------------------
Translation Fluency
Example:
The certification format should include the certifier's
name, signature, address, and date of certification. A suggested format is:
Certification by Translator
I typed name ,
certify that I am fluent (conversant) in the English and
languages, and that the above/attached document is an accurate translation of
the document attached entitled .
Signature
Date Typed
Name
Address
--------------------------------------------------------------------------------------------------------------
Notary Public
Office: Gong1 Zheng4 Chu4 -- 公证处
GongZhengChu is the Chinese Government Office that
translates/certifies/notarizes special Chinese documents known as GongZhengShu.
Sometimes these translations/certifications/notarizations are described as
being a "white book" when completed. The
cover is a white, somewhat laminated cover with black Chinese characters
stating what it is.
There
should be 4 pages; 1) certificate description in Chinese, 2) English
translation of the certificate, 3) certificate of true translation by the
notarial office in Chinese, 4) and certificate of true translation by the
notarial office in English, all containing the pertinent stamps and markings.
The
paper is official parchment with serial numbers and watermarks. Very valuable. Check to see if that is what you have. The
Notary's stamp and the official stamp of the city should be on the first page.
Also, all pages should be embossed with the official stamp of the city.
This is a highly official and legal document. The beneficiary should have a receipt for services rendered by the
notary office.
In
Bring
this letter, her ID, hukou book to the Notary Public.
She can pick up her Single Ceritificate in a few
business days. If she pays an extra RMB100, she can pick up the Single
Certificate the same day.
For
other places in
TheGongzhenshu (notarized certificate) includes 7 parts:
1. cover page in Chinese
2. the copy of the original document in Chinese
3. certificate of true copy of the orginal
document in Chinese
4. Translation of the original document in English
5. Translation of item #3 in English
6. certificate of true of Translation (item #4
& 5) in Chinese
7. Translation of item #6 in English
“As long as the notary
office is authorized to perform notary services concerning foreign affairs, we
will usually accept it. We most often see notarials
from provincial level offices with the standard white book, official red seal,
English translation, and which attest to the true translation.” – USCONGUZ (comments made concerning difference between
city level notarization and provincial level notarization)
--------------------------------------------------------------------------------------------------------------
Marital / Single Status
Certificate:
The
Chinese fiancée (K-1) can get this quite easily at the local public records
office. The Notary does the translation of it, certifying that she, or he, is
single; martial status is unmarried. Sometimes, this information is contained in
the notarial divorce document when the Notary states that the individual has
not registered a marriage since any divorce.
Unmarried Certificate
http://candleforlove.com/forums/index.php?showtopic=20253
SAMPLE:
Notarial
Certificate
This is to certify that the English translation attached hereto is in
conformity with the Chinese original of the notarial certificate (2006)
XXXXXXXXXX
A few pages later
Notarial Certificate
(translation)
(2006)XXXXXXXXX
This is to certify that the duplicate copy attached hereto is in conformity
with the original of the divorce certificateXXXXXXXX
issued by the civil affairs bureau of Chengdu city on
august XXXXXXXX The special seal for marriage registration of the civil affairs
bureau of Chengdu city is found to be authentic. The English
translation is found to be in conformity with the Chinese original.
Notary signature
Seal
People's Republic of china
Date
Next page
The applicants applied to register divorce In accordance with marriage law of
PR China they are permitted to register divorce and this certificate is issued hearby.
All in English with copy in Chinese attached with signature and seal
notary for K1, Divorce decree
http://candleforlove.com/forums/index.php?showtopic=20336
--------------------------------------------------------------------------------------------------------------
Birth Certificate:
Your
fiancée will go back to the hospital in which she was born to get a birth
certificate, then get this certificate to be notarial.
If
unable to get a copy of an original birth certificate, go to a local notarial
office ( Gong Zheng Chu of your hukou and a statement
can be drawn up.
Here
is a sample: "This is to certify that ****, female, was born on **** at
*******. Her father's name is **** and her mother's name is ****." Followed by a signature, stamp, etc.
--------------------------------------------------------------------------------------------------------------
Police Certificate:
“A U.S. police
certificate is not required for any visa classification” – USCONGUZ
A handwritten account that she had no police record were obtained from the
local officials in her hometown. These had the official red stamps and
signatures. The police statement said
"no record in China" as of July, 1, 2005.
There
are a few ways to do this.
1. Have employer issue a statement and take it to public notary service(Gong Zheng Chu) to be translated and certified. I'm not sure if the
consulate will accept it because it isn't issued by police office.
2. Go to police office (the office that has your Hu
Kou) and aks them issue one and then get it
certified.
3. In Beijing, the notary service has a standard form that the police can fill
it out and stamp then the notary service will translate and certify what the
police filled in the form
Police Reports!, Must have from
everywhere SO lived since 16 yrs old!
http://candleforlove.com/forums/index.php?showtopic=20343
Police Certificate
http://candleforlove.com/forums/index.php?showtopic=20310
--------------------------------------------------------------------------------------------------------------
Police Report, Foreign
resident of China:
”If he/she did not
register with the local police station while he/she lived or worked in China,
he/she would not be able to get the initial certificate from the local police
station.” -- USCONGUZ
I'm
a foreign fiancee in China too. I got 3 years
residency in China. I have been scheduled for interview and I have a police
report from the Provincial Notary Office.
What I did was to inform all my past and employers (have been living in the
same city/province) that I needed a Police Certificate. They all gave me
letters of no criminal record which I took to the PSB. The PSB asked me to come
back after a week. Then the PSB gave me a letter in Chinese which I took to the
Provincial Notary Office. And this letter was used to prepare my police
certificate which was translated to English and notarized.
For
a third country national, he/she should apply for the initial certificate of no
criminal record from the local police station as well as from the work unit
where he/she resided and worked while in China. Based on this certificate,
he/she can apply for the notarial certificate of no criminal record.
Foreign National Police
Certificate for China -- USCONGUZ
http://candleforlove.com/forums/index.php?showtopic=17981
Paper for Police
http://candleforlove.com/forums/index.php?showtopic=17980
Other countries? Start looking here:
http://www.kamya.com/misc/polcert.html
--------------------------------------------------------------------------------------------------------------
Items to consider from
the USC for K- interview:
1. A copy of the USC’s
passport, although a notarized one is recommended (often needed for overcome). If the USC will be physically present in Guangzhou
at the time of the interview, they should give the physical passport to the
beneficiary.
2. I-134 (notarized). A joint sponsor can be used if the USC does
not meet the guideline.
3. Tax returns or tax transcripts (1 year, although
many bring 3 years)
4. Employment letter (on employer letterhead)
5. Bank statement (only needed if other proof of
income is not available)
6. Employer pay stubs (only needed if other proof of
income is not available, although this has been requested at overcome)
--------------------------------------------------------------------------------------------------------------
IF SELF-EMPLOYED:
“It's best to
summarize what your income REALLY is and use that in a cover sheet to direct
attention to the real figure. Have your accountant draw up a statement”
http://candleforlove.com/forums/index.php?showtopic=37723
TAXES:
If
you do not have a copy of your tax returns or filed electronically, you can get tax
transcripts to satisfy the Affidavit of Support (I-864) requirements. As of October 1, 2003, IRS Walk-In Offices (Tax Assistance
Centers) no longer will provide transcripts of tax returns, copies of tax
returns, or 1722 letters.
This
information will be available from the IRS only by written request or by calling
1-800-829-1040. Phone or mailed requests
will result in transcripts mailed within 10 to 15 days. Use IRS Form 4506.
Tax Transcripts
http://www.irs.gov/individuals/article/0,,id=110571,00.html
E-filing:
IF
processing an I-864 at NVC GET the IRS letter1722 for e-filing.
If filing I-134, make printouts and sign prior to copying.
Non-filing of taxes:
If
you did not file taxes because your income was too low, a letter must be
written explaining this. Here is a
member’s comment and sample:
I,
XXX (SSN: XXX, US Passport Number: XXX), did not file a 2003 Federal Income Tax
Return. According to IRS Publication 501, Table 1, ??Filing
Requirements Chart for Most Taxpayers,?? a single person under 65 only needs to file a tax return if
gross income was more than $XXXX. I was an XXX earning XXX a month during 2003.
Total earned income for 2003 was XXX. Total unearned income for 2003 was XXX.
Total gross income for 2003 was XXX, less than the $7,950 minimum to file a tax
return.
I went to get it notarized at the consulate, but they said that it was not
necessary. My wife handed it in at the interview, along with my 2002 and 2004
tax returns. No problem.
--------------------------------------------------------------------------------------------------------------
Employer Letter:
"To
whom it may concern: (first name, last name) has been employed full-time with
the XYZ Company since 200_ as a (name of your job), and is an employee in good
standing with an annual salary of $XXXX. Signed, John Doe, Supervisor (or
whatever title)".
The employment letter
does not need to be notarized. It should be on business letterhead. The human
resource manager can sign it.
--------------------------------------------------------------------------------------------------------------
P4:
--------------------------------------------------------------------------------------------------------------
P4: (K applicants)
Once
the K applicant’s case is documentarily qualified (case is at the consulate, all
documents are in order, check is complete) an
interview date can be assigned. A P4
letter is sent out notifying them of an interview date. A medical exam will need to be done prior to
the interview and the visa fee paid.
P4: (CR applicants)
After
the NVC processing, the case is sent to the consulate, sits in a warehouse, and
eventually entered in the consulate computers. It should be noted that the case is electronically transferred from NVC
to the consulate, but does not contain enough information for the consulate to
initiate the security check; the consulate must wait for the physical file to initiate
a security check. Once a case is
documentarily qualified (case is at the consulate, all documents are in order, check is complete) an interview date can be assigned. Once an interview date is assigned to the
applicant, a P4 letter is sent out notifying them of an interview date. A medical exam will need to be done prior to
the interview. In the case of CR
applicants, the visa fee paid was already paid at NVC.
--------------------------------------------------------------------------------------------------------------
The Telegraphic code is requested in the
following documents:
P4:
1)
GIV-24 , Family Composition Sheet , Q1.
2)
The DS-156 "Chinese version" does ask for the Telegraphic Code in
block 6 (surname) and 7 (first and middle) ... you will see it as 中文电码
Here
is a link you can use to find out what the Chinese Commercial Code is:
http://www.njstar.com/tools/telecode/index.php
You must
input the name using Chinese characters. It will then show you the Chinese
Commercial Code aka Chinese standard telegraphic
code. The Chinese characters may be cut
and pasted from a Word document or email.
--------------------------------------------------------------------------------------------------------------
P4 Documents for K1:
1. Appointment letter in English
2. K-1 appointment (packet 4) letter
3. Appointment letter for immigrant visa applications
(OF-171)
4. Important notice in Chinese for photograph
specifications (GIV-1)
5. Supplemental form GNI-2
6. Certification of legal capacity and intent to marry
7. Family composition sheet (GIV-24)
8. Medical examination instructions (GIV-8)
9. Medical examination for immigrant or refugee
applicant (DS-2053)
10. Chest X-ray and classification worksheet (DS-3024)
11. Vaccination documentation worksheet (DS-3025)
12. Medical history and physical examination worksheet
(DS-3026)
13. Nonimmigrant visa application (DS-156) and nonimmigrant visa
application for applicants 16 years and older (DS-157) (two sets)
14. Nonimmigrant fiancée visa application (DS-156K)
--------------------------------------------------------------------------------------------------------------
P4 content for CR1:
1. P4 Appointment letter with interview date
2. Appointment letter for immigrant visa applications
(OF-171)
3. DS-230, part II
4. Important notice in Chinese for photograph specifications
(GIV-1)
5. Important Notice to Immigrant Applicants Concerning
Vaccinations requirements
6. Family composition sheet (GIV-24)
7. Medical examination instructions (GIV-8)
8. Medical examination for immigrant or refugee
applicant (DS-2053)
9. Chest X-ray and classification worksheet (DS-3024)
10. Vaccination documentation worksheet (DS-3025)
11. Medical history and physical examination worksheet (DS-3026)
Items put into the medical envelope for CR1:
Two MORE (total of 4) photos
DS-230
Part II (only
for CR1)
Divorce
document (IMMIGRANT'S only)
Police
cert
Marriage
cert
birth cert
A COPY of the bio. pages of the
passport- actual PP was checked and returned (if applicable police record)
Family
Composition form (for 16 and older)
medical exam certification sheet
Also received the x-ray.
Note:
-CR/IR-1 or 2 : IF any shot records are in hand- take
such to the physical.
-
No need to show a visa fee receipt. This was paid at NVC.
--------------------------------------------------------------------------------------------------------------
Medical Exam:
GUZ area Hospitals:
Fujian Provincial Hospital
#134 Dongjie, Fuzhou, Fujian
Tel: (0591) 7557768-8065 (for appointment)
Price: RMB1200 for adult, RMB800 for child
Health Care Center of Guangzhou
#33 Shamian North Street, Shamian Island,
Guangdong International Travel Tel: (020) 81219500, 81219513
Price: RMB800 for adult, RMB500 for child
First Hospital of Guangzhou
#151 Yan Jiang Xi Road,
Guangzhou
Medical College Tel: (020)83337750-7098
Price: RMB600 for adult, RMB300 for child
Consulate
Website for Guanzhou medical locations:
http://guangzhou.usconsulate.gov/uploads/images/_kkyvNfzPZmmGV1uWrbqqw/10._GIV-8.pdf
There
are approved locations for Beijing and Shanghai that are not on the consulate
website. See CFL Member comments on
medical:
http://guangzhou.usconsulate.gov/medicalexam.html
GUANGZHOU:
Health Care
http://candleforlove.com/forums/index.php?showtopic=13951&view=findpost&p=169314
SHANGHAI:
K1 - Med Exam: our experience in Shanghai,
Pretty good one, really!
http://candleforlove.com/forums/index.php?showtopic=15206
CR1 - Shanghai Hospital
Procedure explained:
http://candleforlove.com/forums/index.php?showtopic=10744
CR1 - Medical Examination and Vaccination, in
Shanghai and maybe elsewhere
http://candleforlove.com/forums/index.php?showtopic=13440
BEIJING:
Medical exam in Beijing, What forms should
she bring??
http://candleforlove.com/forums/index.php?showtopic=8873
K1 - Medical in BJ; Pay
visa in BJ
http://candleforlove.com/forums/index.php?showtopic=12377
Beijing International
Medical Center (CR1+CR2)
http://candleforlove.com/forums/index.php?showtopic=20910
--------------------------------------------------------------------------------------------------------------
Items to bring to the
medical exam:
K1, K3:
1) Four (4) passport pictures (print name on back)
2) Beneficiary ID and Passport
3) P4 Appointment letter (make copies; give them a copy if they will accept it)
4) P3 collected docs from OF-169 checklist (divorce, police, marriage, police
certificates, etc -- make copies)
5) P4 (K1 list) (make copies)
a. DS-156 in duplicate: 2 in English ; 2 in Chinese ; (sign); attached (2) passport photos of
beneficiary to each (total of 4 pics)
b. DS-156K in English ; (do not sign ; beneficiary will sign at consulate)
c. DS-157 in duplicate: 2 in English ; 2 in Chinese ; (no signature needed; no
signature block)
d. GNI-2 , Supplemental Form (do not sign ; beneficiary will sign at consulate)
e. GIV-24 , Family Composition Sheet (sign)
f. Medical docs from P4
g. Certification of legal capacity and intent to marry (K1: do not sign;
beneficiary will sign at consulate)
6) Have blank forms for P4 docs (in case something is wrong)
--------------------------------------------------------------------------------------------------------------
Vaccinations:
-
K visa holders do not require vaccinations to enter the US. You may get them in the
- If you plan to get vaccinations bring any available shot
records.
-
The required vaccinations for adults are typically: TD (tetanus), MMR and Varicella
(chicken pox).
--------------------------------------------------------------------------------------------------------------
Vaccination Requirements for Immigrant
Visa Applicants and AOS Applicants
http://uscis.gov/graphics/generalvac.pdf
--------------------------------------------------------------------------------------------------------------
PAYING THE VISA FEE:
If
this is a K-interview, your SO will pay for a non-immigrant visa application
fee prior to pickup of the medical envelope. The fee is paid via a
local branch of CITIC bank. She should take her interview appointment letter along, the bank clerk will know the correct amount. It is
around US$100. She will receive two receipts, one to keep, one to be sealed
with rest of her documents by the doctor at the physical exam hospital for
later handing over to GUZ.
Guangzhou Locations:
http://www.usembassy-china.org.cn/guangzhou/iv/citic.html
Shanghai Locations:
http://shanghai.usembassy-china.org.cn/citic_bank_locations.html
Citic Industrial Banks around China:
http://www.ecitic.com/bank/
http://www.ecitic.com/bank/personal/chugou/5.htm
--------------------------------------------------------------------------------------------------------------
Interview:
--------------------------------------------------------------------------------------------------------------
INTERVIEW LOCATIONS:
I-130
(IR1/CR1), it will be processed at the Consulate that has a jurisdiction in the
Country of your SO’s residence.
I-129F or K3 will be process at the Consulate that has jurisdiction in the Country
where your marriage took place (i.e.: China, Hong Kong, Taiwan, etc).
AMERICAN CITIZEN HOUR
(Collection of Links)
http://candleforlove.com/forums/index.php?showtopic=18694
INTERVIEW CONDUCTED IN
WHAT LANGUAGES / DIALECTS:
“Most Consular
Officers here speak Mandarin Chinese well enough to perform interviews in that
language. If the applicant cannot speak Mandarin or English, then we usually
have one of our Chinese co-workers who speaks the applicant's dialect
translate. However, most applicants, especially fiance
or marriage based visa applicants, speak Mandarin or English well enough that
this is not an issue.” -- USCONGUZ
--------------------------------------------------------------------------------------------------------------
Here
is the website for booking a room online http://www.7daysinn.com/
The website for checking out bus route in Guangzhou http://www.gz-bus.com/chaxun/
The website for checking out weather within 5days in Guangzhou http://www.tqyb.cn/NewTqyb/ForeCast.asp
The website for an online map of Guangzhou http://www.chtpez.com/map_gz.asp
The website for checking flights in Guangzhou baiyun
airport http://www.baiyunairport.com/xsjc.jsp
KITCHEN SINK LIST:
This is a personal
recommendation based on interview and overcome, and more than the minimum
required information to bring. Don’t
confuse this recommend with guidelines stated by GUZ or other federal agencies.
The VO is able to ask for anything. This
list seeks to have as much as possible available.
1. Chinese beneficiary
A. Proof for Interview appointment:
- Your P4 appointment letter (must have to gain
entry to consulate).
-
Passport (must have to gain entry to consulate)
- Your P4 appointment letter (they are not
likely to let you in without this).
- Receipt for the paid immigration
fee
- Copy of the Notice of Action (NOA2
you received)
- Original Medical forms and exam results
in sealed envelope
- Medical x-ray
B. Dependents:
If there are dependent children immigrating to
the US with the Chinese beneficiary:
- Passport (or can be on Chinese
beneficiary)
- Birth certificate
- Medical exam
- Passport photos, at least four (4). Print
name on back.
- Police certificate, if over 16 years old
- Proof of full custody
- Death certificate (if deceased)
-
Additional forms/documents as required
C. "Ex" Spouse (as applicable)
- Proof of residency (if
divorced)
- Death certificate (if deceased)
D. P3 paperwork:
Items sent back to GUZ:
- Copy of the DS-230 (K1 only part I)
- Copy of the OF-169 (Checklist from
P-3)
- Copy of supplemental info sheet
Items collected:
- Current Passport of Chinese beneficiary
- Current birth certificate of Chinese
beneficiary with Notarized English Translation; plus a copy
- Police Certificate(s) for Chinese
beneficiary with Notarized English Translations; plus a copy
- Certified copy of Court or prison records
for Chinese beneficiary (if applicable) with Notarized English Translations; plus
a copy
- Certified copy of military records
of Chinese beneficiary, if application / available; plus a copy
- Passport Photos of Chinese beneficiary. At least four (4). Print name on back.
- Martial certificate (single cert or
marriage cert) of Chinese beneficiary with Notarized English Translation; plus
a copy
- Divorce certificates (if any) of
Chinese beneficiary with Notarized English Translation; plus a copy
E. P4 paperwork:
- P4 Appointment letter
- OF-171, Information Sheet
- Certification of Legal Capacity and
Intent to Marry , DO NOT SIGN
- Original DS-156, Visa Application, in English and
Chinese, fill out in duplicate.
- Original DS-156K, Visa Application
for dependents, in English and Chinese,
fill out in duplicate but DO NOT SIGN
- Original DS-157, Supplement Visa
Application, in English and Chinese, fill out in duplicate (no signature
required)
- Original GIV-24, family composition sheet
- Original GNI-2, supplemental form for K1
F. Miscellaneous:
- Wear your engagement / wedding ring (if
available)
2. U.S. Petitioner
A. Regarding self
- Copies of petitioner’s passport with
visas indicating dates of visit(s), including at least one visit within the
last 2 years. If able, certify this.
- Divorce certificates for petitioner
(if any); plus a copy
- Letter of Intent to marry in
English (notarized and updated by petitioner for interview); plus a copy
B. "Ex" spouse and/or Dependents
- Proof of residency (if divorced)
- Death certificate (if deceased)
C. Financial documents:
a. Two original, signed, and notarized
I-134/I-864 with supporting financial documents including
i. 3
years of tax records reflecting (Form 1040 and W2s – guideline is income 125%
of the poverty level)
ii. letter
from employer regarding current employment and wage/salary)
iii. if your
income is less than 125% of poverty level, bring copies of bank statements/
stock/bonds, etc.
b. If using a joint sponsor, two
original, signed, and notarized I-134/I-864 with the supporting financial
documents.
D.
Miscellaneous
- Video for communication if in doubt
3. Relationship proof:
a. Informal
pictures of the two of you together from your visits; pictures with family
members are better.
b. Copies of phone records between the two
of you (if available)
c. Originals of letters w/postmarked
envelopes (if available)
d. Copies of emails reflecting
communication over a period of time. Review the content of the email.
e. Proof of joint ownership, bank accounts,
etc.
4. Copy of Any other
documents submitted
- I-129F application and all submitted
paperwork
- I-130 application and all submitted
paperwork as part of CR1 process
- Copies of documents notarized or
certified; in case they’ll take the copy instead of original
5. Blank forms
- Some have been caught off guard at the
medical exam with an expired or incorrectly filled out form and have to go
chase one down.
--------------------------------------------------------------------------------------------------------------
Organizing the
documents:
Three folder
approach: (The description of
contents written on the outside in English and Chinese)
1)photos taped to sheet of paper with date above each
picture. About 12 pictures, four from each of three trips.
2)
Financials all in one folder. If anything was asked, she was to give the entire
folder so she did not pull out the wrong item. [I saw another member (whose
interview is later) had a folder the same way but with tabs at the bottom to
show name of financial. I would do it over like this. ]
3)
Communication. A few emails, all phone logs, one IM chatting in a day.
Then
we had two extra envelopes with lots of extras for odd request or for overcome
evidence.
Four folder approach: (The description of contents written on the
outside in English and Chinese)
1
- 1st folder, Proof for Interview (morning check-in), contained the medical
envelope, our passports, and her P4 letter.
2
- 2nd folder, Relationship Evidence, contained our two best pictures(one of
just us, the other with family) on the top so could easily be seen by VO,
sample emails, MSN chat logs, postmarked letter, and a CD containing all of the
chats and emails.
3
- 3rd folder, Financial Documents.
4
- 4th folder, Extra Relationship Evidence, contained itineraries, boarding
passes, ticket stubs from traveling China, etc.
--------------------------------------------------------------------------------------------------------------
Day of Interview:
Your
SO can be finish with the interview process as early as 10:00am or as late as
2:00pm. The appointment letter will tell
you what time to arrive at the consulate. Many people will show much earlier
than the appointment time. The order
that you get in line in the morning has no bearing on the order of the
interviews. Don’t worry about how many
people are already in line; you will receive a number once inside that is based
on your case, not based on when you got inside.
Step 1 Line up in front of consulate building.
There are two sections, the left hand side is for
immigrant visa applicants. It is difficult to predict in which order the
security guard let people into the consulate building, and it doesn't matter
very much how early you get into the building either.
Step 2 Show security officer appointment letter and passport (bio-info
page), receive a number card (the number here means nothing) and follow
escalator to 4th floor.
Step 3 Go through first security check, follow escalator to 5th floor.
There are two lines here. The line on the left is for immigrant visa. This is a
simple check. At this point you will have to leave behind any food or drinks.
If you are in need of a restroom urgently, should find one now. Because there
is no restroom beyond this point until you enter the interview hall and it
could be over 20 minutes.
Step 4 Show passport and appointment letter again to the guard at the
entrance of 5th floor. Hand over your number card. Line up at the hallway for
final security check.
Two lines again, immigrant visa on the left. As you are approaching the front,
some consulate worker will come collect your appointment letter. (I think this
is for the purpose of pulling out those files for which applicant has arrived
the interview hall.)
Step 5 Through final security check. Enter and wait
in the interview hall.
If you have a mobile phone with you, it will be kept here and you will be
handed a small plastic number plate, so you can get your phone back on your way
out after the interview.
Step 6 You name be called, and you are requested to
go to certain window. Hand over interview paperwork. Be asked a few questions
and be given a number slip (Keep the slip and memorize this 4 digit number for
the whole morning). Some applicant will be given a slip for paying needed
application fee.
You will be requested to tear open the envelop sealed
by doctors at the hospital. Hand over all the document
to this GUZ Chinese employee. If certain document has been left out the envelop or if you want to replace some documents, you
may re-arrange now. You will be asked a few questions, most likely related to
previous overseas travel experience and your US visa history. The answer will
be jotted onto a form. The 4 digit number is your ID from now on. The number
sequence has no significance.
Step 6a (For applicants who were give fee slip/invoice) Pay application fee
at window#14 (or whichever window you are told to)
Step 7 Name or 4 digit number be called, request to go to window#17 or #18
(window # could change in future), line up, show your number and your passport
and appointment letter, get fingerprints scanned.
Step 8 Say Vow together with everyone in the hall.
This can happen anytime before your interview.
Step 9 Your 4 digit number is called. This is your
interview!
Take a deep breath, relax and smile to you VO.
Congratulations! If you pass interview, you will be handed a pinky-orange slip
with your appointment letter attached to it.
Now you can come out, pick up your mobile phone, and call your SO.
Don't forget to make arrangement for picking up your visa packet and
passport through the post office. (You need cash)
--------------------------------------------------------------------------------------------------------------
General Interview
Advice:
1.
Be organized in the paperwork so the beneficiary can hand over quickly what is
asked. Separate small folders are recommended.
2. Prepare the best pictures (ones with family are best, but be prepared to
state who is in a picture.. if a US relative, make sure beneficiary knows who
is who). Possibly prepare one picture of you two in traditional custom, like if
you went to
3. Group photos and correspondence into early, middle, recent ... some have
been asked to see "early pictures" or "recent
correspondence".
4. Dress appropriately, not too casual, like business casual
5. Be CONFIDENT, look in the VOs eyes (or at his nose or forehead). Usually the
interview is quick and informal.. but
has turns into an interrogative atmosphere. If asked about "why do you
love him" or "why does he love you", state what you feel. Don't
withhold a little personal feeling if that is what the VO wants.
6. Be the first to say "good afternoon" with a smile and get the
first jitters to calm down.
7.
Have one email log visible on the counter or on your lap showing communication.. Particularly if you want to show
communication in Chinese or other language.
8. Have one picture visible if you want to convey anything specific that
picture shows. I recall one BENEFICIARY had a picture of them in a “majority”
groups dress, and the VO smiled at seeing it.
9. When asked for passport, give petitioner passport as well, particularly if
he is there to establish this.
10. Answer directly, simply, and truthfully. If it is not enough, the VO will
ask more.
11. If you don't understand, just say so and ask to repeat the question, don't
guess at it (and never lie).
12. If the VO seems confrontational, simply take the questions literally and
answer matter-of-factly. And smile.
13.
IF asked for financial info, I would give it all to them. with
the one asked on top. (I-134, employer letter, taxes with W2, bank letter).
They cannot say you did not provide the right financial document then.
14. If a child is present, they often are not asked any questions. Just let the
child know to sit by quickly unless directly spoken to.
15.
Prepare your BENEFICIARY to know which town/state you will marry in. (have seen
this asked enough that K1s should prepare for it).
16. If any previous marriages, expect more questions.
17. If your child will follow later, state this so that the visa packet is
broken into two packets.
18. If you get a denial slip, be aware that overcome evidence is almost always
going to get you the visa... Just get what they ask for.
Remember, it is rare to NOT ultimately get the visa. Be strong and supportive.
Stick through it and you will get the visa!
--------------------------------------------------------------------------------------------------------------
Items that can raise
concern in the VO:
- Third party issues (outside person
contacts GUZ [with information, whether true or false])
- Previous Marriages / children (VO
will know this prior to interview start)
- Beneficiary does not speak English
well (VO could question ability to communicate)
- Few number of visits by petitioner
(not always an issue, but if only one visit they might question the
relationship)
- Document issues (expired, missing)
- Fraud (sham relationships)
- Current or past Communist party
affiliation
Two(2) motives VO always check
http://candleforlove.com/forums/index.php?showtopic=15789
--------------------------------------------------------------------------------------------------------------
TOP 10 MOST
COMMON QUESTIONS [what they establish]:
1. May I see your passport(s) ; Also give petitioner passport if you
have it [ Establishes eligibility and
petitioner’s visits]
2. Who applied for you / who is the petitioner [Establishes your understanding of the
petitioner]
3. How did you meet / where did you meet [Establishes that you meet]
4. How many times did he come / How long has he visited you each
visit / how much time have you been together [Establishes bona-fide relationship via number of visits or amount of
time together; If
the VO has the petitioner passport (or copy), then this is akin to a test
question. He already knows this by
looking at the passport.]
5. What does he do / where does he live [Establishes relationship, that you know your
fiancée / spouse]
6. Are either of you previously married / have children (k3/CR1, be
prepared: If yes, most likely more to come]
7. Do you have photos [Establishes relationship]
8. Do you have financial (I-134 / taxes & W2 / employment)
documents [Establishes meeting the
financial requirements]
9. Do you have plans to marry / where will you marry (k1 only) [Establishes your intent to marry and live
in US]
10. Are you a communist? [Establishes any ineligibility]
--------------------------------------------------------------------------------------------------------------
COMMON
QUESTIONS TO PREVIOUS MARRIAGE:
Concerning
Beneficiary:
How
many times have you been married? (state how many
times )
When did you get divorced? (give date)
Why did you get divorced? (state a reason)
Where is your previous husband? / Where does your
ex-husband live? (If unknown,
state as such)
After your divorce, do have contact with him? (be honest, but minimal. If no, state so)
Do you have any children? (state how many)
Who has custody of the child? (if your child is
also seeking a visa, you must have full custody)
For the beneficiary having previous marriages, the VO
wants to make sure that the ex-spouse is not in the country you are about to go
to. Otherwise this could raise some concern that you are trying to get to that
country to be with the ex-spouse. The VO
also wants to ensure that you have full custody of the child, If your seeking a visa for the child.
Concerning Petitioner:
When did the petitioner get
divorced?
Why did you get divorced?
How long was he married?
Does your spouse have any children?
Does your spouse’s son live with your husband?
How old is your spouse’s son?
Did you
know your spouse/fiancée was married 3 times? (Yes, he was last divorced in
1973)
For the petitioner having previous
marriages, the VO wants to ensure that the relationship is a bona-fide
one. That the beneficiary knows the
petitioner’s past, particularly if there are children.
--------------------------------------------------------------------------------------------------------------
MOST
FREQUENTLY REQUESTED ITEM [DURING THE INTERVIEW]:
Most frequent documents requested, in order, during
interview:
1. Beneficiary’s passport
2. Petitioner’s passport
3. Pictures
4. I-134 financial statement, tax returns or financial supporting
evidence
5. Employment letter
6. Divorce decrees
Most frequent item needed for overcome evidence:
1. Request for evidence beyond the above
a. Video tape
b. Proof of trips
2. Documents missing or newer ones needed
a. Financial statement too old
b. Employment letter too old
c. Petitioner’s Passport not certified
d. Petitioner Intent to marry too old
e. Email showing dates, etc
--------------------------------------------------------------------------------------------------------------
CR1 Interview
CR1
(I-130) interviews occur in the same manner as for K# cases. Some differences to note would be:
- The beneficiary’s interview serves as the consular adjustment at
the same time (i.e.: the K1 visa holder will adjust status in the US, and the
K3 can as well, or return to the consulate for consular adjustment once the
I-130 case is set with an interview.)
- CR1s pay the visa fee at NVC, so they do not need to show a
receipt at the medical nor at the interview.
- CR1s sent a I-864 to NVC, so they do not
normally need an updated one for the consular interview. An exception would be if the one filed at NVC
is not the current filing year by the time of the interview. Say, that a I-864 was sent to NVC in May ’05
(covering tax filing for 2004), and by the time of the interview, the next tax
year filing has occurred; Interview is May ’06. In
this case, the consulate could ask for an updated one. The best practice is to always have the most
currently filed tax return on hand via a copy of the complete taxes or tax
transcripts.
- Interviews are on average a little ‘tougher’ than for K#s. This may be
because the beneficiary is married and is directly interviewing for an
immigrant visa and green card, requiring consular adjustment.
--------------------------------------------------------------------------------------------------------------
Denials and Overcome:
--------------------------------------------------------------------------------------------------------------
MEMBER COMMENT FROM
ACH: “In a
nutshell, he (VO) said do not sweat a blue slip,
initially. It simple means they need to take more time to review your
information. Fraud is a major problem, they see all manner of fake paperwork. Up to and
including fake US passports and IRS paperwork.”
DENIALS:
A
visa is denied for issues based on either one a few basic categories:
1) OVERCOME: Applicants are
ineligible under section INA 221(g). This classification normally results in a
request for information via overcome submission. Usually this is done by appointment to submit
the papers but in some cases the consulate will accept an expired document by
mail or fax. See next
section on call center and steps to take. Denials
can occur for many different reasons, a few might include, in order from small
issue to bigger issue (IMO):
- documentation problem / expired / conflicting
- financial problem (don't satisify the VO about
public charge issue)
- relationship communication
- communist party issues
- relationship doubted / third party
Usually the first three above result in
overcome; CPC has a mixed result of getting more info from the beneficiary and
going
back to
2) ADMINISTRATIVE REVIEW: A request for more time for
administrative review: "Administrative
Review" refers to a Consular Official placing the case "on hold"
because the Visa Petitioner or Beneficiary FAILED TO PASS the security name
check or background check, or because the Consulate or State Department or
Homeland Security NEEDS TO INVESTIGATE some issue or matter in the case more
closely. Cases placed into Administrative Review can ADD WEEKS OR EVEN MONTHS to
processing time and final decision on visa issuance, typically in most cases AT
LEAST 4 to 8 weeks additional time. Under current regulation, there is no right
of appeal within State Department or Homeland Security for administrative
review status. Check with DOS as to the
status.
3) REVOCATION: Applicants are denied based upon a recommendation
for revocation of an approved petition. Often this is because they don't think there
is a bona-fide relationship due to conflicting documentation/evidence or due to
"third party correspondence. It
should be noted that the consulate do not have authority over petition
adjudication and therefore they are not supposed to send back a petition based
on speculation or conclusion, rather on solid evidence and fact that makes them
certain of DHS concurring. The basis for most
revocations/denials:
a. Fraud
b. Misrepresentation
c. Visa ineligibility
The
most problematic situations appear to be those cases with:
1) Third party correspondence (TPC)
2) Communist party membership (past or current);
3) Those cases which appear to a VO as an alien seeking immigration
[benefits] based upon a non bona-fide relationship.
Requests
for overcome information can include:
1) Evolution of relationship (statements about the relationship and
proof of a bona-fide relationship).
2) Wavier for communist party issues
3) Proof of purchase of airline tickets and financing of trip to
china
4) Proof of whereabouts of an “ex” spouse, particularly for the
beneficiary. If for the petitioner, some
sort of recent utility bill has been asked for.
5) Financials. Usually this is
less difficult to overcome and should be avoidable with proper interview
documentation preparation.
6) Video tape request. If
there is a question about how a couple communicate, the officer may ask for a
video of the couple interacting and communicating together, but it is not
required. Typically, they will not
accept it at the interview because it is considered 'overcome evidence'... it's
need only arises if the VO asks for it as part of additional evidence for
'communication' reasons.. They usually want to see the
petitioner speak some Chinese or at least the couple demonstrating the ability
to communicate , which can include [hand] translators,
etc.. The video tape format can be: VHS, DVD, VCD.
--------------------------------------------------------------------------------------------------------------
PROOF OF “EX”
RESIDENCY:
“This is one piece of
additional evidence that an officer might request during the interview. This
can help to prove the bona fide nature of the current relationship by proving
that the former one is definitely finished.” -- USCONGUZ
[Editor]: Denials requesting this information appear to
be on the increase in 2006. Often some
proof of the “ex” living in china and on their own is requested, like a utility
bill…
Two
scams involving ex spouses.
1. A married Chinese woman sees the family based visa as an opportunity. She
and her husband divorce. She finds an unsuspecting USC whom she dupes into
petitioning and possibly marrying. She arrives in the US, either on a K-1, K-3,
CR-1, or IR-1. Subsequently, she divorces her American husband and later files
an I-130 for her Chinese ex.
2. A USC divorces his American wife in order to petition and facilitate a visa
for a Chinese woman. The ex wife may even be complicit in the fraud. Typically,
the USC will be nicely compensated. After her arrival, she either
marries/divorces her American husband and/or fades into the masses
In both of these situations, the role of the ex plays
a part, and an inquiry as to his or her whereabouts might be appropriate.
Further, the timing of either party's divorce might shed further light on the
situation. However, and I can't stress this enough, the fact that either party
has been divorced, should not, by itself, raise a flag.
Example
of items to consider bringing as proof of “ex” residency:
1)
Driver license (current)
2) Marriage record (remarriage)
3) Utility bill (at current address)
4) Personal check (voided)
5)
Social Security Number
6)
Last Known residency
Note:
the last two items are explicitly asked for on the P4 appointment letter.
THIRD PARTY
CORRESPONDENCE ISSUES:
“There are a few things
you should keep in mind about third party correspondence:
1. Consular officers always consider the totality of circumstances when making
a decision.
2. Consular officers are fully aware that the motivation of individuals sending
us third party correspondence is often unclear.
3. If any petitioner or beneficiary feels they are being threatened or
blackmailed by any outside party, they should immediately contact the Consulate
with this concern. We will then take the appropriate actions to resolve the
issue.” -- USCONGUZ
TPC:
http://candleforlove.com/forums/index.php?showtopic=18470
COMMUNIST PARTY ISSUES:
“If an applicant is a
current or former member of the Chinese Communist Party, we request that they
fill out a questionnaire, which we provide. This questionnaire has detailed
questions about the nature of the applicant's membership in the Communist
Party. Based on the answers to these questions, we then consult with D.C. in
making a decision on whether or not an applicant's membership in the party
makes them ineligible for a visa.
If an applicant quit the party over five years ago, it can relive him or her of
the ineligibility.?” -- USCONGUZ
CCP Waivers and Ineligibility
http://candleforlove.com/forums/index.php?showtopic=19111
Communist Party Issues:
http://candleforlove.com/forums/index.php?showtopic=10946
REVOCATION ISSUES:
“When the Consulate
decides to revoke a petition, we send it back to DHS along with our reasons for
the recommendation. The USCIS service centers then notify the petitioners by
mail of the recommendation and also give the petitioner specific instructions
on how they can appeal the decision.” -- USCONGUZ
“If the Consulate
returns a petition to USCIS with a recommendation that it be revoked, the
petitioner may start the process again by filing another petition. USCIS would
likely approve the re-filed petition, but there is no guarantee that they
would. The new petition would go through the same process as the first one,
including a consular interview.
A previously revoked petition does not automatically result in a visa refusal
for the re-filed petition. However, if the first petition was revoked based on
confirmed visa fraud, then it would be irresponsible for the interviewing
officer to disregard this information when making a decision on visa issuance.” -- USCONGUZ
“If a visa petition is
reaffirmed by DHS and returned to Guangzhou, the applicant will have to have
another interview. The visa is not automatically approved, but it cannot again
be recommended for revocation unless new derogatory evidence appears. A
reaffirmed case cannot be recommended for revocation based on the same reasons
that it was sent back for the first time.” -- USCONGUZ
The
guidance from DHS to DOS is well documented, but a few notes:
- "BCIS has asked us to remind consular officers that revocation requests
must provide solid, factual evidence of fraud or misrepresentation, evidence
that is likely to stand up in a court of law."
- "The report must be comprehensive, clearly showing factual and concrete
reasons for revocation. The report must be well
reasoned and analytical rather than conclusory.
Observations made by the consular officer cannot be conclusive, speculative,
equivocal or irrelevant."
- "In the absence of hard, factual evidence of fraud, misrepresentation,
or ineligibility for status, consular sections are advised to issue the visa,
assuming the alien is otherwise qualified, or if further investigation is
warranted and holds a potential for resolving post''s
concerns, use a 221(g) refusal to obtain additional information. "
The last comment reveals the basis for most revocations/denials:
1) Fraud
2) Misrepresentation
3) Visa ineligibility
LINKS ON REVOCATION:
DOS Guidance on
Petition Revocation
http://travel.state.gov/visa/laws/telegrams/telegrams_1415.html
DOS on returning
Petitions
http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html
How Do I Appeal the Denial of My
Petition or Application?
http://www.uscis.gov/graphics/howdoi/RepealDenial.htm
Appealing the Denial of My Petition or
Application
http://www.foreignborn.com/visas_imm/both/2appeal-denial.htm
Revocation
Classifications
http://www.washingtonwatchdog.org/documents/cfr/title8/part205.html
Articles
by Lawyer:
Denials Of
Family-Based Immigrant Visas At Consulates And DHS Petition Revocations
http://www.ilw.com/articles/2006,0323-ellis.shtm
Clash Of
The Titan Bureaucracies? The
http://www.ilw.com/articles/2004,0429-ellis.shtm
Cases
of Revocation on CFL (also see TPC thread above):
Visa Denied
http://candleforlove.com/forums/index.php?showtopic=20018
What is Immigration and Nationality Act, section 5A
http://candleforlove.com/forums/index.php?showtopic=17092&hl=
[Editor]: It seems that a few members have reported
getting advice from their lawyers concerning their revocation of a K-1, to go
to China, get married and refile as a CR1. The thought being that this would
substantiate the usually questioning of a bona-fide relationship. It’s not very unclear if this idea is
worthwhile or not.
It
cannot be emphasized enough that the best scenario on denials is to try and
keep the case at the consulates; Once it goes back to
the
Another
recommendation that sometimes comes up is to cancel the K-1 case before USCIS
can disapprove it, and then you have a revocation on your record. Once cancelled, then go to China and get
married and refile as a CR1. Again, this is not legal advice and again it
is unclear if the second attempt will result in a visa.
See
the above articles that discuss some general issues about this, particularly
what is described as a “misrepresentation trap” if one does not pay attention
to the K-1 in revocation after getting married.
In
a rare situation, which happened to one member, the case went back to the
Please
do not use the above editor comments as advice. The advice is to consult with a good immigration lawyer concern any
revocation. They will probably want to
reconstruct the interview, review your relationship and paperwork.
--------------------------------------------------------------------------------------------------------------
- You can buy minutes from
- You can buy minutes from the US, using the online service and using your
credit card (ie: Visa card). There is no reference to
any beneficiary.. your just
buying a calling card PIN number.
- When you call the Call Center, you'll use the PIN number... once you talk to
a person, then you will be asked who this is in reference to...
OVERCOME STEPS TO TAKE:
1) You make an appointment with the consulate for submitting docs to
overcome denial. The Beneficiary can buy
a prepay card from a local Citic Bank, there are
RMB54 or RMB36 cards available. They charge for making an appointment.
Prepare the following information before making a call:
a. Beneficiary’s passport number
b. Beneficiary’s name, both in Chinese and pin yin, birthdate and ID
number which are on the passport
c. Case Number which begins with GUZ 200.....,
d. Visa category
e. Date of denial
Then
their call center will give her an Appointment Number and the date to submit
docs
2) She/He will
get the result in two days.
The result is possibly to be:
1) Ok, red slip, she can pick up her visa in two days
2) They want more docs or any stuff they can brainstorm
3) The case be returned to DHS
4) Depends on the VO
--------------------------------------------------------------------------------------------------------------
(
(International) 86-21-3881-4611
This is a pay service and you have to sign up on the webpage at http://www.usavisainformation.com.cn
You need your case #, and need to get a pin #.
Once the charge is paid, you will be given a PIN number that must be given to
the Visa Information Center when you call to verify the payment. The U.S. Visa
Information Call Center currently can assist callers in Mandarin, Cantonese, Taishanese, and English.
NOTE: Most of our members who
have used this service for case status have reported that this service is not
very helpful. They do not have direct
access to consular information, only to what is entered on the computer. Everyone is encouraged to use the DOS phone
number for case status information (once a case leaves NVC).
--------------------------------------------------------------------------------------------------------------
Visa Information Center
Call Center Info (English):
http://www.usembassy-china.org.cn/guangzho...callcenter.html
Call Center info (Chinese):
http://www.usembassy-china.org.cn/guangzhou/niv/c/
--------------------------------------------------------------------------------------------------------------
VISA PICKUP:
--------------------------------------------------------------------------------------------------------------
You
must tell your SO to bring their ID and/or their family registry booklet as
well as their passport.
After
Interview, it takes one day for the visa stamp and the next day it can be
picked up (other than holidays).
Interview
was Thursday about 11:40. She paid before
If
you go to the interview on Friday you cannot pick up the visa until Tuesday.
China
Post is closed on Sunday, at least the one you make the payment, but you pick
up the visa at a China Postal Savings which is open 7 days a week.
NAME SPELLED WRONG ON
VISA:
“If the name on the visa does not match the name in the
passport, it is quite possible that this will cause a problem when your fiancee gets the the U.S. port of
entry. So, if there's a typo, you should email the Consulate to arrange to have
a new visa printed.” --USCONGUZ
BROWN ENVELOPE:
There
are two brown envelopes in sequence. The one that you get at the hospital is opened during the visa interview
and the consulate keeps the contents at that point. When you go to the post office to pick up the
visa they give you a new brown envelope. This is the one with the infamous cut
off corner. You give this brown envelope to Immigration at the US POE.
Pickup Notice:
http://www.usembassy-china.org.cn/guangzho...or%20tianyu.htm
Jun Yuan Post Office:
Telephone: 020-38188078
DENIAL NOTICE ON
PICKUP:
“As you mentioned, in
rare cases the Consulate must delay visa issuance even after an initial
approval slip has been given out at an interview. We are definitely aware that
this causes hardship for the applicant, and really do try our best to make sure
this type of situation occurs as infrequently as possible.
Just-expired security namechecks are one possible
reason for this rare situation. Another possible reason is discovering
important information related to the case that we would have a duty to follow
up on, i.e. fraud-related or security-related issues.
Again, we know how petitioners and applicants can feel if this type of
situation occurs. We do our best to make sure this type of thing happens as
little as possible” -- USCONGUZ
“The Consulate advises that in rare
cases, despite being approved initially during the interview, an applicant抯 visa can then be later
delayed or denied for various reasons. Applicants should then follow the
instructions they are given when they are told their visa will not be available
for pick-up. Once again, this is not a common occurrence, but we strongly
recommend that applicants do not make any travel plans until they have the visa
in hand.” -- USCONGUZ
MEMBER COMMENT:
There’s
been many cases where a SO will have the interview, given a pink/red slip and
told "your approved" and only to find a blue
slip waiting at time for pickup 2 days later.
Here’s
what i did: mySO's interview was on a Friday she was told to return
on Tuesday at the post to get the visa, instead of waiting 2 days i called DOS on Monday and the DOS agent told me "she
had been approved at the interview and her visa has been prepared and
completed"
Now this is a very good way of knowing before going back to pick up the visa
because after your SO has the interview and instead of waiting in limbo for 2
days wondering if the visa will actually be there for her or a blue slip you
can be better prepared, because if by chance there was a reverse approval after
the interview you would know a day earlier and then you can have your SO bring
all the evidence of your relationship with her to pick up the blue slip and
then go to the consulate immediately, i couldn’t wait
the 2 full days i called DOS the day after her
interview and was told visa and no blue slip!! so for
the people who cant go to the interview you can call the DOS after the
interview and find out the best post-interview information "visa or blue
slip" just my thoughts
--------------------------------------------------------------------------------------------------------------
MARRYING IN CHINA:
--------------------------------------------------------------------------------------------------------------
MARRYING IN CHINA:
Steps
to marry in China:
1. Requirements for USC
a. Valid passport
b. Age eligible (22 man, 20 woman)
c. Affidavit of single status
i. IN US:
1. Sworn before a notary public.
2. Certified by the clerk of Court of the
County in which the document is commissioned if applicable. It may be omitted
if the authority in item 3 will certify directly to the notary.
3. Certified by the Secretary of the State
in which the document is executed. (Some states require the notarized document
to be sent to the notary public's county clerk for verification before
presenting to the Office of Secretary of State. Please contact Secretary of
State Office of the state where your document is executed for details.)
4. Certified by the relevant consulate
which holds consular jurisdiction over your area of residence.
a. One Authentication Application Form (G1),
completed and signed by the applicant himself.
b. Photocopy of applicant's passport.
c. The original and photocopy of the
notarized and Secretary of State certified affidavit.
d. Divorced people must also show the Consulate certified copies of
divorce decrees, widowed show death certificates.
e. Pay the fee
5. Should include name, sex, date of
birth, place of birth, and marital status.
ii. In China:
1. Absent the foregoing notarial certificate of marital status, a
"certification of marriage ability" can be prepared at the Consulate
on the basis of an affidavit in which the American citizen swears or affirms
before a consular officer that he or she is currently legally eligible to marry
(persons who have previously been married need to show a certified divorce
decree, annulment decree, or death certificate to the Consulate when preparing
this certificate). The consulates
appear to vary in whether they require the Chinese national physical
presence. Check ahead with the
applicable consulate. At this time, the
embassy in Beijing appears to require both parties.
2. When you get the eligibility certificate be sure they write the
date with written months (ex: 1 JAN 2004) instead of numeric mm dd yyyy, since the latter can be
mistakenly interpreted as dd mm yyyy.
3. Please be prepared to provide your
fiancée name, date of birth, Chinese ID number, and city of residence. Some
find it helpful to bring a copy of their fiancée ID card to ensure accuracy .
4. However, there is no guarantee that the Chinese civil affairs
authorities will accept a Consulate affidavit. We must emphasize that marriage
in China falls under the authority of the laws of China, and that the Chinese
civil affairs authorities have final say over which documents they can require
and will accept in order to approve a marriage.
d. All English-language documents submitted to the Chinese civil
affairs authorities must be translated into Chinese. Translations should be
certified either by the Chinese Embassy/Consulate in the individual’s country
of residence or obtained from and certified by a notary public office in
China. (Make sure your name and number from your passport
is printed on the single status certificate and translated correctly.)
e. Blood Ties document; Something demonstrating that you are not
related to XYZ for at least 3 generations; a list of parents, grandparents, and
great-grandparents with place and dates of birth. Sworn before a notary. This statement of “no blood ties” may be on
the marriage application and therefore not a separate document.
2. Requirements for the Chinese national
a. household registration book
b. a written statement executed at the marriage registration office
stating that he/she has no spouse and that his/her partner to the marriage are
not lineal relatives by blood or collateral relatives by blood within three
generations.
3. Registering the marriage
a. Both parties to the marriage must personally appear at a civil
affairs office to register their marriage. The appropriate civil affairs office
will be the one in the jurisdiction in which the Chinese citizen is registered
(the location of the hukou).
b. Because you are a foreigner, you must go to the provincial capital
to register the marriage and say the marriage oath and get a ‘red marriage
book’.... Then you must register in your SO's
hometown as well. Sometimes the appropriate
marriage to foreigner office is in the provincial capital and sometimes it's
not. It is advised the Chinese SO to contact their local civil affairs office
to verify the appropriate location to register their marriage and any local
requirements.
c. Three photos of the marrying couple, taken together, need to be
submitted
d. A registration fee must be paid.
If
all documents are in order and no grounds for refusal are found, a marriage
certificate will be issued the same day.
No
Foreign Residency Permit Needed:
http://candleforlove.com/forums/index.php?showtopic=20232&hl=
Members
experience in Beijing:
http://candleforlove.com/forums/index.php?s=&showtopic=15445&view=findpost&p=184980
Form
G1: Application form for Authentication or Notarization: http://houston.china-consulate.org/visa/english/G1.pdf
--------------------------------------------------------------------------------------------------------------
On this date of_________________, I,(name of affiant),
residing at(street and number)(city)(state)(zip code)
BEING DULY SWORN DEPOSE AND SAY:
I was born on(date)at(city)(country)
I am a(country)citizen.
My passport number is
I am a(current
occupation). I am employed by(company name and
address)
I am currently single, have never been married
(or was divorced/widowed on(date)and have never been
remarried since that date).
I have no direct blood tie or kinship
within 3 generations with XXX(name of fiancee/fiance).
Signature of the Affiant:
_______________________________
Name in Print:________________________________________
(For the Notary Public)
Subscribed and sworn to before me by(name of affiant)on this____day
of ________________.
--------------------------------------------------------------------------------------------------------------
DCF:
--------------------------------------------------------------------------------------------------------------
DCF:
It's
a street term for “Direct Consular Filing”. It is NOT an official term. Most consulates will not understand this
acronym.
A DCF where you file the I-130 directly with the
embassy/consulate rather than sending it to the
Since
only USCIS has adjudicating authority for petitions, the case is approved by
DHS/USCIS at the consulate.
--------------------------------------------------------------------------------------------------------------
WHAT IS REQUIRED:
- You
need to have a Permanent Resident Booklet issued by the Chinese Public Security
Bureau Exit Entry Administration and an Employment Certificate and already
residing in China for at least six months. (Consulate website statement).
- You need to file at the consulate/embassy that has jurisdiction over
your area of your residence.
- You need to go to the Department of Homeland Security (DHS) on the
second floor (next to American Citizen Services (ACS)). (Check with DHS since some consulates only
accept the filing on certain days of the week).
“Please keep in mind
that USCIS might have different requirements than the Consulate in Guangzhou,
so they might need the other type of document you mentioned. Everything posted
by USCONGUZ in this forum only applies to the US Consulate in Guangzhou. Other
Embassies, Consulates, and USCIS have different requirements and processes”. -- USCONGUZ
Notarized Birth Certificate & Marriage Certificate, What are needed for the interview? -- DCF questions posed to Consulate
http://candleforlove.com/forums/index.php?showtopic=16315
--------------------------------------------------------------------------------------------------------------
WHERE TO FILE:
There
are four consulates and one embassy on mainland China, where the I-130 petition
can be filed:
Beijing – Embassy, where
regional filing occurs:
Beijing, Tianjin, Xinjiang, Qinghai, Gansu, Shaanxi, Ningxia, Shanxi, inner Mongolia, Hebei, Henan, Shandong, Hubei, Hunan, orJiangxi
Guangzhou – Consulate, where regional filing
and ALL K# and C# interviews occur here:
Fujian, Guangdong,Hainan or Guangxi
Guizhou, Sichuan, Yunnan, Tibet or Chongqing
Shanghai – Consulate, where regional filing occurs:
Anhui, Jiangsu, and Zhejiang
Shengyang – Consulate, where
regional filing occurs:
Liaoning, Jilin or Heilongjiang
--------------------------------------------------------------------------------------------------------------
WHAT TO FILE:
1. One I-130
2. One G-325A for petitioner and
one for beneficiary.
3. Petitioner's U.S. Passport and/or
4. Beneficiary's original Birth
Certificate or Certificate issued with Public Security Bureau letterhead for certify original is kept in record or loss.
5. Beneficiary's Notarial Birth
Certificate.
6. Notarial Marriage Certificate (also
applied to step-child beneficiary)
7. Original Marriage Certificate (also
applied to step-child beneficiary) and Notarized translation of the Marriage
Certificate.
8. Beneficiary's Chinese Passport.
9. 2 photos for each Petitioner and each
Beneficiary.
10. Other documents mentioned in the
instruction statement of the I-130.
11. Beneficiary's Chinese Passport.
12. Fee ( Must
be in U.S. Dollars or RMB only)
13. Address in China should be written
in English and Chinese Character.
you need to have a Permanent Resident
Booklet issued by the Chinese Public Security Bureau Exit Entry Administration
and an Employment Certificate and already residing in
U.S. Citizenship and Immigration
Services (at the Consulate)
http://guangzhou.usconsulate.gov/cis.html
Filing a I-130 petition to DHS-USCIS overseas consulate:
http://www.usembassy-china.org.cn/guangzhou/uscis/I130.html
Email address
concerning DCF questions: (refer to the
topic as a I-130 filing)
--------------------------------------------------------------------------------------------------------------
Sample submitted by
member:
I-130
G-325A (USC) with a passport photo
G-325A (Chinese National) with a passport photo
Paid $190 by cash. (please
check for current payment amounts at the time of filing)
[Chinese National]
1, Passport
2, Divorce Book
3, Marriage Book
4, Birth certificate issued by a Sub-police station of Shen
Zhen Public Security Bureau, where my Hukou is located. I don't have a Birth
Certificate, was not born in hospital instead of at home. (
Kept by CO)
[USC]
1, Birth certificate (kept copy)
2, Passport (kept copy with all pages )
3, Work Permit (kept copy)
4, Marriage Book (kept copy)
5, Divorce Decree (kept copy)
Notary certificate: ( kept all by CO)
1, Divorce Notary ( one Direct and one In-direct)
2, Marriage Notary ( one Direct and one In-direct)
3, Birth Notary
4, Birth Certificate issued by Police station Notary
--------------------------------------------------------------------------------------------------------------
DOMICILE ISSUE:
In
order to file an I-864 for the CR1, the sponsor or joint sponsor must be a
resident of the United States. However, sponsors residing outside the United
States are not automatically disqualified from being a sponsor if they are able
to show that they are temporarily resident outside the United States. Joint
sponsors must be resident in the United States to qualify.
You
may meet this requirement by showing that you have taken or will take a credible
combination of steps to make the U.S. your immediate principal place of
residence. Such steps may include finding employment, locating a place to live,
registering children in U.S. schools etc.
More
info:
I-864 FAQ, how is domicile
determined:
http://travel.state.gov/visa/immigrants/in...nfo_1328.html#4
Consular I-864 FAQ
http://www.usembassy.org.uk/cons_new/faqs/faq_i864_domicile.html
--------------------------------------------------------------------------------------------------------------
NON-AOS ISSUES:
--------------------------------------------------------------------------------------------------------------
Q. What is an overview
of what I need to do after my SO arrives in the US?
K1:
A.
Based
on what a few others have experienced, I'd recommend getting her SSN, State ID
and adding her to your bank account in her unmarried name as soon as possible.
In California, some have only been able to get a State ID issued for the
duration of her initial visa. If this isn't the case procede as normal.
Otherwise, after you are married, go ahead and file AOS, if she will take your
last name, do the name change on the I-485. Then wait 3-4 weeks and have her
name changed on the SSN. But don't do anything with the state ID or Bank
account. This will let her use her passport as ID for checking and other
things.
A.
When
you get married, make sure to get a few certified copies of your
marriage certificate. You’ll need one
for filing AOS and you might as well have another on hand in case of any issue.
A.
The
three AOS forms (I-485, G-325, and I-864) are all that are needed for AOS. The EAD and AP are optional.
You
do NOT need to send an I-130. (See the
complete list of items needed for each).
As a K-1, she will have to apply for a SSN between 10 ~ 70 days after her
arrival. After 70 days or so, she will
need an EAD to get an SSN.
A.
Getmarried, file the EAD application with AOS and you
should get your EAD in a couple of months. If it is longer than 90 days from
the receipt date, you can show up at the local BCIS office and demand a stamp.
You need an EAD stamp or card PLUS and SSN to legally be hired and work.
Sometimes you can get the SSN without the EAD on a K-1. Offices seem to apply
their own interpretation of the law.
File the EAD application with your I-485 and expect to wait a couple of months
to get it. In the meantime, get your SSN.
A.
If
you wait too long to apply for the SSN, 75 days or so, they will refuse to
issue without and EAD card. This can set a K-1 holder back a couple of months
in getting an SSN. A bigger Catch-22 is that SSA seems to require an EAD for
children holding K-2 visas as they are NOT eligible for employment as a
condition of status.
A.
You
can apply for SSN before you are married. But this is a temporary SSN that
doesn’t grant work privileges. When you are married and apply for AOS, you can
also apply for EAD at the same time. This will give you authorization to work.
You must apply for and receive Advanced Parole (AP) in order to go to China and
return to the US. A K1 visa is single entry and if you go to China before you
are granted AP, you will not be allowed to return to the US without going
through the entire visa process all over again-God forbid anyone has to do
that.
A.
A
K-1 is eligible to work incident to status. That’s why they can get a SSN card
issued. The catch is.....an EAD is required to ‘prove’ eligibility to work and
unless they get an EAD stamp at the POE, you have to apply for one. It
generally takes more than 90 days to apply and receive the 90 EAD so most folks
don’t bother. They just file for a one year EAD with their AOS packet.
A.
Technically,
her status as a K-1 visa holder is governed by her duration of stay as shown on
the I-94. As long as she still has time left on her I-94, she's okay. Once the
I-94 duration lapses and before she files for AOS, she technically begins to
accrue "unauthorized presence." This is not a big deal provided it
doesn't run for more than 180 days. Once she files for AOS, her status changes
back to authorized. Under http://www.americanlaw.com/unlawfulmemo1.html
"aliens with properly filed applications for adjustment of status under
both sections 245(a) and 245(i) of the Act will be
considered aliens present in the United States under a period of stay
authorized by the Attorney General."
K3:
1)
File for AOS and EAD after she comes to the U.S.
2)
Once you get the EAD, file for SSN
3) Wait for AOS approval
4) When eligible, apply to “remove conditional status”
CR1:
1. When arriving on CR-1 there is no need to fill out the I-94 card
on the plane, or at immigrations, it will be discarded by the POE officer, I-94 is for NON-Immigrants. You will still need to
do the customs declaration form.
2. He will still go through the Visitors/Immigrations line at the
POE, on later trips He can go through the same line as permanent residents and
citizens
3. The officer at the POE will stamp the passport with an I-551
stamp making the passport act as a temporary 1 year green-card. (Allowing work,
and re-entry after a trip out of country)
4. Wait a few weeks and then visit SSA to apply for SSN, it takes
some time for USCIS to update the system used to verify immigrations status.
(You will need Foreign Birth cert, marriage cert, green card or the passport
with I-551 stamp, and passport as photo
5. When moving you will file I-865 to update your address as a
sponsor, as well as file AR-11 after your husband enters the country to keep
USCIS informed of new address. You need to do this every time you move, AR-11 within a week and I-865 within a month. Until
your husband naturalize
--------------------------------------------------------------------------------------------------------------
TAXES & ITN:
--------------------------------------------------------------------------------------------------------------
Q.3.12 Can I get my SOs
passport notarized in china for tax purposes (IRS ITIN, W-7)?
A.3.12.1
I just returned from China and brought with me
my wife's Chinese passport. I immediately had her passport notarized here in
the U.S. and mailed it back by U.S. Express Mail.
If you want the American Consulate to notarize it, then I read somewhere that
she has to go the American Consulate in China. I am not sure whether the
Consulate would let her in without you being there. She can call the Consulate
and ask the question herself.
A.3.12.2
The consulate cannot Notarize
her Chinese document, I just asked when I was there. She has to go home, get a
notarized copy from her local gov. Then return to the
consulate with the copy. I was trying to accomplish the same thing. The US
consulate sent me down to the 4th floor of the Guz
building to the Chinese public affairs office. They told us the above
information
A.3.12.3
When I first inquired with the IRS, they told
me that copy of your SO's passport needs to be
notarized by a US notary. They did tell me that you could send the original
with the W-7 and they would send it back, but I did not want to chance it. Just
take the original and copy to the notary so they can see the two are the same.
When I sent my 1040, the W-7 for my wife and the copy of her passport, I had no
trouble getting my refund.
A.3.12.4
I had to get my SO's
passport notarized for tax purposes last year and we went to the US consulate.
They instead said that there was no need to actually get it notarized - instead
they wanted to see her original passport, then they made a copy of it and put a
consulate stamp on the copies which said something along the lines of 'original
seen and returned' - then it was signed by the consular officer. It was
sufficient for us to do the W-7. I asked several times if it needed to be
notarized and they kept stressing that the consular stamp was sufficient - it
also didn't cost us anything.
A.3.12.5
I just completed this whole process in the
end of February and have already received the refund. Fortunately I was in
Taiwan for Chinese New Years and knew I was going to have to get copies of my
wife's passport notarized/certified so I had it done at AIT in Taipei and I had
our marriage certificate and MY passport certified here at a local bank. I
shipped all of the forms to the IRS office and they processed them, sent me my
wife's new taxpayer ID number and I got the refund a few days later. Very
painless except for the $30 I had to pay AIT which is the US State Department
for a notary fee.
A.
More info:
Tax
Returns
http://candleforlove.com/forums/index.php?showtopic=23779
To
W-7 or not to W-7
http://candleforlove.com/forums/index.php?showtopic=15992
Filing
W-7 ITIN for federal taxes, Notarized copy of passport?
http://candleforlove.com/forums/index.php?showtopic=17231
---------------------------------------------------------------------------------------------------------------
(Edited
Q.3.13 I have an ITIN for my wife for tax year 2004, do
I need to file a new ITIN for filing tax year 2005?
No.
--------------------------------------------------------------------------------------------------------------
SHIPMENTS FROM CHINA
--------------------------------------------------------------------------------------------------------------
Just
filled out there estimate form for a quote.....
http://www.excess-baggage.com/
Moving Household Goods
http://www.cbp.gov/linkhandler/cgov/toolbox/publications/travel/movinghouseholdgoods.ctt/moving.doc
Moving to the US
China
Post Update
http://candleforlove.com/forums/index.php?showtopic=21012
Shipping
Goods from China, ....explain your experience and thots
http://candleforlove.com/forums/index.php?showtopic=12212
"immigrant
paper", any ideas what this is?
http://candleforlove.com/forums/index.php?showtopic=7675
Luggage
question, for people moving from China
http://candleforlove.com/forums/index.php?showtopic=15979
--------------------------------------------------------------------------------------------------------------
POE: ARRIVING IN THE US
--------------------------------------------------------------------------------------------------------------
K1:
JFK
appears to be the one remaining entry where the K1 will get an ‘employment
authorization’ stamp on the I-94.
CR1:
The
customs officer at the POE should stamp the visa with an I-551 stamp, this
indicates to the POE on next re-entry that a green card is on order, and the
visa is acting as a temporary Green-Card.
The I-551 stamp in her passport is a green card.
--------------------------------------------------------------------------------------------------------------
SOCIAL SECURITY NUMBER:
--------------------------------------------------------------------------------------------------------------
SSA
will not assign an SSN or issue a card to an individual that is within 14 days
of his or her alien status expiring. Until the 76th day after entry an
individual with K-1 status only needs to provide an unexpired I-94 showing
current K-1 status to establish employment authorized status for SSN purposes.
When an alien requests an SSN or replacement/corrected SSN card, SSA will
verify his or her documents and current status with the appropriate Bureau of
the Department of Homeland Security. If verification is not available through
the Systematic Alien Verification for Entitlements (SAVE) system, SSA will send
Form G-845 for manual verification.
-
Apply for the SSN between days 10-76 for a K1. If too early, then the name is not yet in the computer systems since
arrival in the US at a port of entry (POE); if too late, SS will not issue one
too close to the expiration of the I-94. If you wait too late or have some problem preventing you from getting
the SSN, then you can file for an EAD and then use the EAD to get the SSN.
-
A Social Security number is not needed by the alien fiancée/spouse to get
married or to file for AOS.
-
Most health insurance will let you use all nines (or zeros) for an
SSN-999-99-9999 / SSN-000-00-0000.
Social Security unable to verify status with USCIS
http://candleforlove.com/forums/index.php?showtopic=20924
Social Security FAQ:
http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=576
Social Security
Office Locator
https://s044a90.ssa.gov/apps6z/FOLO/fo001.jsp
RM 00203.720
Verifying Immigration Documents:
http://policy.ssa.gov/poms.nsf/lnx/0100203720
RM 00203.735
Requesting Online (Primary) Verification By SAVE
http://policy.ssa.gov/poms.nsf/lnx/0100203735
RM 00203.740
Requesting Additional (Manual) Verification By DHS
http://policy.ssa.gov/poms.nsf/lnx/0100203740
--------------------------------------------------------------------------------------------------------------
SSN ISSUES BY VISA TYPE:
--------------------------------------------------------------------------------------------------------------
K1:
A.
K-1
IS authorized to work incident to the class of visa and SSA will issue a card
without the EAD or green card. It's just a matter of finding someone in the
office who realizes that. The card will be issued with a condition: "Valid
for work only with INS authorization". To go to work, however, the EAD or
green card is needed to 'prove' you are eligible to work.
K2:
A.
SSN
has this notion that K-2s need an EAD before they will issue the SSN card. EAD
does NOT require a job offer - just fill out the form and pay the fee. It may
take a month or two to get the EAD, but that's the ticket to an SSN for the
child. When the EAD expires, no need to renew it; they should have their green
card by the time they will be going to work.
K3:
A.
K-3
is NOT authorized to work until they get an EAD or green card. So, SSA won't issue a card without one of
those documents.
CR1:
A.
The
officer only needed to see his passport with the visa stamp, and the SSN form.
She said that because his name was already on the computer, the process would
be very simple. She said they would send the SS card 7-10 later to our house,
and gave him a receipt showing that he had applied.
I asked if he could work, and she said that he would have to wait until he got
the card, because he needed a number in order to work. Other than that, he
doesn't have to do anything (no EAD, etc.) because CR-1 visas area already
authorized to work.
A.
Got
the Green Cards and their names were wrong on them also but still filed for SSN
number because the lady there said they have to go by the name on the green
card. But I have to go to a district office to change the names on the green
card and then back to SSN to change the names.
A.
A
legal permanent resident (green card holder) doesn't need an EAD to work
legally in the US, but an LPR will still need an SSN to work. The SSN card is
likely to be the same type of card a USC gets (no legend saying "VALID FOR
WORK ONLY WITH DHS AUTHORIZATION").
A.
It
seems that the checkbox on the DS-230 for an SSN is mainly for immigrants
applying for a work visa and not a family-based visa. So to all applying for the family-based
immigrant visa, don't put any faith in that checkbox. Instead, go immediately
to your local SSA office and inquire and/or apply.
Social Security unable to verify status with USCIS
http://candleforlove.com/forums/index.php?showtopic=20924
--------------------------------------------------------------------------------------------------------------
SOCIAL SECURITY CARD WITH “NOT AUTHORIZED TO
WORK” :
--------------------------------------------------------------------------------------------------------------
A.
Code of Federal
Regulations on Social Security Number:
Restrictive
legend change defined. Based on a person's immigration status, a restrictive
legend may appear on the face of an SSN card to indicate that work is either
not authorized or that work may be performed only with Department of Homeland
Security (DHS) authorization. This restrictive legend appears on the card above
the individual's name and SSN. Individuals without work authorization in the
A.
In
order for your K-1 applicant to work, she needs an EAD card, or a SSN card
without the "Not Valid For Employment"
stamp. But in order to get the normal SSN card, you must have the EAD card
first (at least that's what we were told in Calif).
If you apply for the SSN card first, you will get the "Not Valid For Employment" stamp SSN card, which does not allow
you to work. And since the EAD card is only good for a year, you must reapply
for the normal SSN card and be able to submit it to your employer BEFORE the
expiration date of your EAD card, or you have to apply for an extension to your
EAD card which I believe is somewhat costly. So it's entirely up to you as to
how you want to proceed.
There
are pros and cons to both methods. In some instances you can use the "Not
Valid For Employment" SSN card for
identification, such as opening a checking account, tax purposes, etc. However,
for tax purposes you can also request a Taxpayer Identification Number which
you will need if your wife (or K-2 minor under 15-1/2) does not have a SSN. But
the EAD card is also great for ID as it has a photo on it as well, and it does
allow her to work (the I-9 requirement is the EAD card and a current passport)
as soon as she receives it, even though you must apply for the normal SSN card
as soon possible afterwards in order to receive it before the EAD expires.
A.
More
Info:
SSN and EAD, for K-1 holder
http://candleforlove.com/forums/index.php?showtopic=8206
--------------------------------------------------------------------------------------------------------------
SSN IN MARRIED NAME:
--------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------
Lost or missing I-94
--------------------------------------------------------------------------------------------------------------
Case
#1:
We
made an Infopass appointment online to speak with an
Immigration officer in our local
-
We explained to the officer about our situation and showed that there were no
staple marks on Xiaoxia’s passport. He referred us to
another local agency and gave us a referral form which he placed a checkmark
next to "Deferred Inspections”.
-
We went to the referred agency's address at the Los Angeles downtown office
(300 N. Los Angeles St. Room 1001, Los Angeles, CA 90012) with the referral
form. The office was staffed by Border Patrol agents. While waiting in line, we
overheard three other people with missing I-94 as well.
-
We were given a new I-94 form and after we completed the form, the officer
stapled the new I-94 to Xiaoxia's passport. We didn’t
have to pay a fee. As far as we know, none of the other three had to pay a fee
either
Case
#2:
We
were able to get a new I-94 through a similar process but in a different city
than the POE. In our case, we noticed after arrival at home, far from the POE,
that the I-94 and associated stamps bore a date that
does not exist on the calendar. We had the I-94 but it was not stapled in the passport.
After the infopass appointment we simply spoke to the
Customs supervisor at the most local international airport by phone. He had the
note from the USCIS infopass appointment and allowed
us to mail the passport to him. He made all the corrections and sent it back
with no fee. They'll fix their mistakes but you have to talk to somebody with
sufficient authority.
Missing I-94
http://candleforlove.com/forums/index.php?showtopic=22344
--------------------------------------------------------------------------------------------------------------
I-94 & OVERSTAY
--------------------------------------------------------------------------------------------------------------
The I-94 is for non-immigrant visa holders, such
as K-1 and K-3; CR-1 visa has the same affect as entering the
Upon
entry to the US, the alien immigrant will be processed through the Port of
Entry (POE). For K# visa holders, they
will receive in their passport an I-94. If
you arrive at JFK, you will get a work authorization stamp as well. Sometimes, a customs official will write the
“A” number on one side of the I-94.
There is no unlawful presence created when the I-94 expires, provided
the I-485 is still pending. That is, the individual is allowed to remain in the
U.S. while the I-485 is pending, even if that period extends beyond the I-94
expiration date. Such a person will not be regarded as unlawfully present.
Accordingly, there are no penalties or negative consequences for the
individual, as long as the I-485 is still pending decision with the INS.
K1
visa holders should realize that they are authorized to stay in the US, but not
authorized a second entry on the K1 visa except in very limited circumstances. So
K1s must take care not to leave the US without Advanced Parole or a re-entry
permit. K3 visa holders can travel
outside the US and gain entry on their K3 visa. See the advanced parole section.
More
info:
Length of Stay is Determined by Your
I-94 Arrival-Departure Record -- NOT Your Visa
http://www.foreignborn.com/visas_imm/entering_us/9lengthofstay.htm
Advance Parole : I-94 Expiration Generally Not a Problem
http://www.murthy.com/news/ukadvpar.html
--------------------------------------------------------------------------------------------------------------
K1 returning to China before marriage due to an
emergency
--------------------------------------------------------------------------------------------------------------
“If the beneficiary
will return to the U.S. within 90 days after he/she first entered on the K1,
and the petitioner is still intending to marry the beneficiary, the beneficiary
can contact the IV Unit to request that we re-issue the K-1 visa. Decisions to
re-issue visas are made on a case by case basis. The beneficiary will need to
resubmit the following documents:
1. Application forms (the packet 3 and 4 documents that we can provide)
2. Notary certificates for birth, unmarried status, and no criminal record
3. Medical report
4. Evidence of relationship and financial support.
The beneficiary will also need to pay the appropriate visa fees. If the
beneficiary will not return to the U.S. within 90 days of his/her initial
entry, then the petitioner must refile the petition
with USCIS.” -- USCONGUZ
[editor]: This is the
one small loophole that is also mentioned in 9FAM as to the beneficiary
returning to
According
to the consulate comments, a K-1 can be re-issue upon
submission of a number of documents. The time to process this and allow the beneficiary to return prior to
the original 90 expiration is very unclear. It cannot be emphasized enough that the beneficiary returning to China
prior to marriage without any Advanced Parole or emergency Travel document
permitting re-entry is very likely to end up voiding the K-1 case, requiring a
refilling of the petition. If the
beneficiary marries during that 90 day period, then this loophole no longer
exists and cannot be considered.
--------------------------------------------------------------------------------------------------------------
K1 & 90 days; MUST marry in 90 days, but
can file after 90 days
--------------------------------------------------------------------------------------------------------------
First,
the instructions say that a K-1 fiance(e) is eligible to file if he/she married the
Straight From The Horses Mouth, Info On How
To Apply for AOS
http://candleforlove.com/forums/index.php?showtopic=11662
--------------------------------------------------------------------------------------------------------------
PASSPORT EXPIRATION:
--------------------------------------------------------------------------------------------------------------
What
to do about your SOs passport expiring:
Renewing Chinese
Passport (Nov 2008)
http://candleforlove.com/forums/index.php?showtopic=33806
Chinese Passport Expiration Date & Travel Restrictions, What is the cutoff
date?
http://candleforlove.com/forums/index.php?showtopic=29717
Expired Chinese
Passport
http://candleforlove.com/forums/index.php?showtopic=29099
Chinese Passport
Renewal:
http://candleforlove.com/forums/index.php?showtopic=20123
--------------------------------------------------------------------------------------------------------------
AOS / EAD / AP:
--------------------------------------------------------------------------------------------------------------
K1:
Although
a K1 is work authorized incident to status, and Social Security recognizes this
by permitting the issue of a SSN based on a unexpired I-94, most employers are
reluctant to hire without some DHS employment authorization stamp (from POE or
an EAD).
1)
Wait at least 10 days, then go file for a SSN.
2)
Get her added to bank accounts, get state ID, add to insurance, etc.
3)
File for AOS and EAD after she comes to the
4)
If you miss the window to get a SSN (10-75 days); Once
you get the EAD, file for SSN
5)
Wait for AOS approval
6) When eligible, apply to “remove conditional status”
K2:
If
your K-2 child needs a SSN before receiving the green card then you must file
for an EAD. If the K-2 child does not need a SSN then wait for the green card.
K3:
K-3
is NOT authorized to work until they get an EAD or green card. So, SSA won't issue a card without one of
those documents.
1)
File for AOS and EAD after she comes to the
2)
Once you get the EAD, file for SSN
3)
Have SO added to bank accounts, get state ID, add to insurance, etc.
4) Wait for AOS approval
5) When eligible, apply to “remove conditional status”
CR1:
Although
the CR1 visas are already work authorized, you probably need to wait for the
green card, because they need a number in order to work.
1)
Wait at least 10 days, then go file for a SSN. Ignore previous documents you may of marked asking for a SSN to be mailed. This does not appear to be applicable for
family based visas.
2)
Wait for green card, coming in the mail.
--------------------------------------------------------------------------------------------------------------
AOS FILING:
--------------------------------------------------------------------------------------------------------------
BASIC
STEPS FOR AOS:
1. Review below “Vaccinations needed
for civil surgeon”… schedule to get them prior to seeing the civil surgeon through
local medical clinic or family physician.
2. Get
medical supplemental done by going to a civil surgeon (this can take some time
to get an appointment, so look into ASAP). Only the vaccination supplement to the I-693 is needed if a medical was
done before leaving China and is less than a year old. However, some civil surgeons expect you to
have the full medical exam. This can
cost as little as $10 if no vaccinations are needed, or as much as $300 if the
full exam is done. So checking the
prices ahead of time, and finding a civil surgeon who understands a medical
exam is not needed can save you some money.
3. Gather
AOS (I-485) / EAD (I-765) / AP (I-131) paperwork; build each packet separately;
children separate as well. (don’t need SSN to do all this).
4. Compile
separate packages for AOS / EAD / AP as you want to apply for; use ACCO
fastener or clip each package.
5. EAD
may be filed before (only good for 90 days), with or after AOS; pay attention,
filing category differs.
6. AP
must be filed with or after AOS.
7. Both
EAD and AP can be e-filed ONLINE, but you must have NOA1 receipt from the AOS
prior to doing this.
8. Write
cover letters for any package (AOS, EAD, AP), and ones for separate packages
for children. A sample cover letter for
AOS is at the bottom. Simply use the
same idea for the other cover letters.
9. Mail
packages; Each filing has it’s own fee. you can monitor
status online.
10. After
filing, you will get separate biometric appointment for AOS & EAD. Sometimes they are scheduled together. If you get only one scheduled, make sure to
bring BOTH receipts (NOA1) and you should be able to have both done when you
show up..
11. EAD
should take about two months… if 90 days pass, you can
go to the local office and get a temp EAD on the spot.
12. AP
takes about two months.
Some general
instructions for filing:
1. Mark both the envelope and the cover letter as to the nature of the submission.
2. Mark both the envelope and the cover letter as to the form type.
3. Provide both the receipt
notice number and the A-Number
as an identifier, if they are available.
4. Do not use binders or folders that cannot be easily disassembled.
5. Use ACCO fasteners to hold together thick or bulky applications or
petitions. Two-hole punching the top of the material for easy placement in the
file is appreciated.
6. The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and
not the side for ease in filing.
7. Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
8. Place
the check on top of the application, securely fastened in the upper left
corner. If more than one
application is filed, submit a separate check for each. This will avoid
the necessity of returning ALL applications should just
one be found to be unacceptable. Place all the checks on the top application.
9. Make check Payable to: "Department of Homeland Security"
10. Attach passport photos to the relevant application, but
do not staple since damage might occur to the picture.
File
separate AOS packages for Children.
Sample I-485 AOS package:
1.
I-485 Fee and Fingerprint/biometric Fee (attached to top of application)
2.
Cover Letter (see below link for examples)
3.
Completed I-485 and signed by Chinese national (see instruction sheet)
4.
Two (2) passport photographs attached to I-485 (Chinese national)
5.
Completed Form I-864 Affidavit of Support, signed by USC and notarized. (see instruction sheet)
6.
Copies of three years of tax returns (or tax transcripts) and W2s for I-864
(USC)
7.
Copies of Recent Pay stubs or employment letter (USC)
8. Form G-325A signed by Chinese National.
9.
Copy of Birth Certificate with English translation (Chinese national)
10. Copy of passport page with nonimmigrant visa (Chinese national)
11.
Certified copy of marriage certificate
12. Copy of Petition approval notice, I-797.
13. Copy of I-94, both sides (Chinese national)
14. Vaccination supplement I-693 in a sealed envelope, completed by Civil
Surgeon
Fees:
Please assemble all fee payments on the top of each and every
case, whether or not the case is filed with one fee payment or multiple fee
payments. When multiple applications are simultaneously filed (such as an
I-485, I-765, I-131, and I-864) place all checks together on the top left of
the I-485.
The Service Center will accept money orders, personal checks, and
cashiers checks for payment of fees. The Service Center cannot deposit cash or
travelers checks. Be sure checks are signed and correctly dated. Post-dated
checks are acceptable as long as the date on the check is no more than 5
days in advance of the date the check is received.
$325 plus $70 biometrics services fee if you are 14 years of
age or older. If you are under 14 years of age, the fee is $225 with no
biometric services fee. If you are 79 years of age or older,
the fee is $325 with no biometrics services fee.
[ Biometric fee: The biometric fee is
not included with I-485 as it can be done either with the applicant in
Receipt:
After filing your application and paying your fees, you will receive a
receipt number. These receipt numbers are very important. Please use these
numbers whenever you write to us about your case, and whenever you contact us
to find out about the status of your case.
If
your receipt says to make an appointment for biometrics, do it right away.
P.S. Our case didn't show up on the USCIS website until after the biometrics were done - almost 2 months after the receipt notice!
------------------------------------------------------------------------------------------------------------
Q. Where do I mail the
AOS Package ?
You will need to mail your
application to:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
Or, for non-United States Postal Service (USPS) deliveries (e.g. private
couriers)：new
address as of
USCIS:
131 South Dearborn, 3rd Floor
The
mail receiving station for the National Benefits Center, located in Lees Summit
MO, is a lockbox facility in Chicago. The mail is opened in Chicago, applications
are screened for completeness (nothing obviously missing), and then sent on to
Lees Summit for processing.
I-765 will be processed to completion at the NBC. I-485 will receive some
processing and then will be sent for completion to either the appropriate
District Office for interview or to the California Service Center if it's felt
that an interview may not be required.
------------------------------------------------------------------------------------------------------------
Q. How do I check my AOScase ?
After
receiving your I-797 receipt notice of the I-485, Call
the NCSC, 1-800-375-5283 and press
Go to the appointment with documents called for including the receipt notice.
After fingerprinting is done, the IO will stamp the receipt notice and hand it
back to you. You will receive nothing else until you receive the I-797C
appointment notice for I-485 interview.
USCIS online case
status:
https://egov.uscis.gov/cris/jsps/index.jsp
Processing Times:
https://egov.uscis.gov/cris/jsps/ptimes.jsp
USCIS Ombudsman 2006
Report on Local office Processing Times:
http://www.candleforlove.com/FAQ/Timelines/Graphs/AOS%20Processing%20Times.jpg
--------------------------------------------------------------------------------------------------------------
MEDICAL EXAM
SUPPLEMENTAL & CIVIL SURGEON
--------------------------------------------------------------------------------------------------------------
I-693 Vaccination
Supplement filled out by civil surgeon (need for AOS Filing): Please note you DO NOT NEED A MEDICAL
performed. The one done in GUZ will be
forwarded to NBC, you only need the I-693. The civil surgeon will have this form, so
you do not have to attempt to find it and bring it.
Q. Is a physical
required for the AOS filing?
A.
I-485 instruction
sheet:
“If
you are a K-1 fiancee or K-2 dependent who had a
medical examination within the past year as required for
the nonimmigrant fiancé(e) visa, you only need to submit a vaccination
supplement, not the entire medical
report. You may include the vaccination supplement
with your adjustment of status application.”
I-693 FAQ:
“If you
were admitted to the United States as a fiance(e)
(K-1), child of a fiance(e) (K-2), Spouse of a U.S.
citizen (K-3), or child of K-3 (K-4), and received a medical examination prior
to admission, then you do not require
another medical examination as long as your application for adjustment of
status (Form I-485) is filed within one year of your overseas medical
examination. You will, however, be required to submit a vaccination
supplement with our adjustment of status application. The vaccination
supplement must be completed by a designated civil surgeon.”
Just let them know
that you DO NOT NEED a physical because you are NOT SUBMITTING A PHYSICAL with
the [I-485] paperwork!! You only need to submit a VACCINATION SUPPLEMENT.
More info:
I-693 FAQ:
http://uscis.gov/graphics/i-693faq.htm
VACCINATIONS NEEDED FOR CIVIL SURGEON:
If
you look at the Technical instructions, there is a table showing what is
required by age. For most adult alien immigrants:
1) Tetanus - either via your doctor or CS, or from
2) MMR - either via your doctor or CS, or from China prior to arrival in US;
some CSs want both courses done. Second course must
be at least 28 days later than first.
3) Varciella (chicken pox) - If she has had this, but
you have no proof, the CS might accept the scar on her arm, or request a blood
test to prove it.
The trick is going to be finding/convincing a CS you only need the vaccination
supplement and not a physical. You might have to call a few before you find
one.
Some
[K#s] get the vaccination shots in china since they
are cheaper to do. Just make sure you
get the international yellow book of vaccinations and that some English
identification is made as to the vaccination.
Seems
the follow methods have been used and results vary by location:
1)
Get shots prior to Civil Surgeon visit (whether in China or family
doctor). Visit CS and see if they will
fill out and sign the I-693.
2)
Go to Civil Surgeon knowing that they might state the need for something, but
you believe you can convince the CS your SO has had it. Only delay will be if he requires second
course of MMR or a blood test to prove your SO has the varciella
vaccination. Worst case is that Civil
Surgeon requires some shot and you must decide to get it then or from your
family doctor; You can have the outcome of any shots
or tests sent, so that you don’t unnecessarily delay your second trip for
pickup.
Some
have reported the CS to accept the scar on the SOs
shoulder (or just her word); and some report that the second MMR was not asked
for by the CS; Others
have required blood tests and a second MMR course.
------------------------------------------------------------------------------------------------------------
Q. Where can I find a
Civil Surgeon?
Civil Surgeon
Locator:
https://egov.immigration.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
------------------------------------------------------------------------------------------------------------
Q. What should I bring
to the Civil Surgeon?
1.
Passport with I-94 attached
2.
Vaccination book or any proof of past vaccinations via blood test results
------------------------------------------------------------------------------------------------------------
Q. What should I get
from a civil surgeon?
Technical Instructions
to Civil Surgeons
“After
the civil surgeon administers any needed vaccines, he or she must complete Supplemental
Form To I-693, Vaccination Record, and for adjustment
of status applicants, also complete Form I-693, Medical Examination Report, and
give the documents to the applicant in a sealed envelope, which the applicant
will present to the BCIS.
A
copy of the completed Supplemental Form To I-693 must
also be provided to the applicant for his or her personal records. “
------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------
EMPLOYMENT AUTHORIZATION DOCUMENT (EAD)
--------------------------------------------------------------------------------------------------------------
Q. When filing for EAD,
which category do I choose?
1.
I-765 Form- Application for Employment Authorization
2.
A check covering payment
3.
Two passport photos
4.
Photocopy of both sides of I-94
If
you are filing for the EAD with the AOS or after you filed for AOS, your
category is ( c )(9). If after, include receipt notice that I-485 is pending.
If you are filing for the EAD before you file for AOS, your category is either
(a)(6) for K-1/K-2 or (a)(9) for K-3/K-4.
EAD Fee: (as of
I-765... Application for Employment Authorization.
$180
More
info:
I-765 form:
http://uscis.gov/graphics/formsfee/forms/i-765.htm
------------------------------------------------------------------------------------------------------------
Q. How long is the
EAD good for?
The
EAD should take about 3 months (for my wife's case. The EAD is only good for 1
year and you supposed to renew it 6 months before it expires. Once you pass the
AOS interview, you can get the temp green card and you don't need to renew the
EAD anymore. EAD is not cheap.
After
filing AOS and EAD (one year version), the EAD and SSN is all that is needed to
be hired by an employer.
------------------------------------------------------------------------------------------------------------
Q. My EAD has taken
over 90 days, what can I do?
I
called the National Service Center and they too confirmed the 90 days passed.
They advised me to take ALL notices to the local service center to
obtain a temp EAD for my SO and my step-son.
------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------
ADVANCED PAROLE, RE-ENTRY, EMERGENCY TRAVEL: (AP)
--------------------------------------------------------------------------------------------------------------
Q. What is Advance
Parole?
Foreign
nationals who are granted parole while their adjustment of status application
is pending may be granted parole until the final decision is made on their
adjustment application. Form I-94 should be endorsed with the parole stamp. If
Form I-512 indicates no specific authorization date, the parole should be valid
for a maximum period of 1 year from the date parole was granted at the Port of
Entry. (Generally, for the I-485-based AP, the person is paroled in
"indefinitely.") If the Form I-512 is for a single entry, the officer
should collect it and forward it to the office where the advance parole was
issued. If the Form I-512 is valid for multiple entries, it should be returned
to the applicant, after making a photocopy for forwarding to the issuing
office.
INS guidance on AP:
http://www.murthy.com/news/ukpbadpl.html
--------------------------------------------------------------------------------------------------------------
Q. What is filed for
AP?
Concurrent with AOS application:
1.
I-131 - Application for Advance Parole
2.
Explanation of why require Advance Parole - on a separate sheet of paper:
3.
A check
4.
Photocopy of both sides of the I-94
5.
Photocopy of visa
6.
Two passport photos
I
applied AP after she had filed for AOS:
1. A completed and signed I-131, Application for Travel Document.
2. Part 7, Attachment to the I-131 explaining the emergent personal reasons for
the need to travel to China while the I-485, Application to Adjust Status, is
pending.
3. A copy of passport identifying pages showing her name and date of birth,
along with a copy of her I-94 (front and back) and K-1 visa.
4. Copies of Notices of Action related to her pending applications for
employment authorization (I-765) and her adjustment of status (I-485).
5. Two photographs and A number on the back.
6. A check to cover the required filing fee.
I-131 ORIGINAL SUBMISSION - Checklist
Check #1234 For $170
C1 / Form I-131 Application for Travel Document
C2 / Form I-131 Part 7 Letter of Explanation
C3 / Copy of P-4 Appointment Letter from the US Consulate in Guangzhou, China
C4 / Front and Back Copy of I-94, Nonimmigrant Arrival/Departure Record #
C5 / Copy of Certified Marriage Certificate
C6 / Copy of Passport
C7 / Copy of K-1 Nonimmigrant Visa #
C8 / Photos (2) for Advanced Parole Travel Document
I-131:
Complete Part 1
On Part 2 check box D.
Part 3, complete items 1, 2 & 3
Part 7 #1 take your choice, but might as well go for More than one trip.
Part 7 #2 N/A
Part 7 #3 Check the first box
Complete Part 8 & 9 corrected a minor mistake here
The other sections on this form do not apply to Advance Parole and SHOULD
be left empty since the instructions tell you to bypass them. Just like the
I-134, keep it simple.
Write a nice and believable letter, it only requires that you present evidence
if you base your letter upon a dire need. Our letter was based on a pending K-2
interview, but others have stated annual family vacation out of the country,
honeymoons, anniversaries and making a trip to visit family after being here
for 1 year.
AP fee : (as of
I-131... Application for Travel Document...... $170
--------------------------------------------------------------------------------------------------------------
Q. Can I check my
status online?
Select
the district office where you'll be filing
https://egov.immigration.gov/cris/jsps/ptimes.jsp
------------------------------------------------------------------------------------------------------------
Q. What will the
approved Advanced Parole look like?
A.
The
approved Advanced
Parole form
is called I-512 and usually three copies of them are given. One copy for the
applicant, one copy for the USCIS at the port of entry and one for the airline
(so that they let you board the plane with out other valid visa.) First time
you travel, you give the appropriate copies to airline and USCIS, and USCIS
will stamp your copy. Subsequent times, you can just show your copy and travel.
A.
they sent a I797C saying they received our I131
on
A.
We
have received the advanced parole, which consists of two copies of a single
sheet of paper. They both appear to be an original form I-512L. It says it is
good for a year. The photo is a scan on the paper.
--------------------------------------------------------------------------------------------------------------
Q. How long is the
Advanced Parole good for?
AdvancedParole(Form I-512) for adjustment applicants will be
issued valid for a period which coincides with the time normally required for
completion of an adjustment application not to exceed one year. (It means that
it is valid for one year looking at the current status of adjustment of status
processing.) It is usually valid for
multiple entries.
More
info:
Advance Parole, How long is it valid?
http://candleforlove.com/forums/index.php?showtopic=13097
------------------------------------------------------------------------------------------------------------
Q. What happens at the
departure and arrival when on AP ?
Wife
had her I-94 card removed upon departure from the US.
Upon departure from China, the papers were looked over once and then a
supervisor was called. He looked at them for 1 minute and then said have a good
trip. Have read on this board of a guy coming home with his
wife on AP, being stopped for a few hours as the airline folks didn't recognize
the AP.
Upon arrival at LAX, my wife cleared US Immigration faster than I did standing
in the
New I-94 issued and passport stamp received
Bring
the extra documents NOT for the POE but for the airlines folks at the outbound
foreign airport. Most of them never saw an AP. U.S POE officers have.
Bring MARRIAGE license... if you had a name change for her. i.e.: AP showing
different last name than passport.. but
again, POE is NOT the prob here.....
With
the AP, she needs to save a copy (they will keep one each time she re-enters
the US), but can otherwise come and go freely.
She will use her Chinese passport unless she becomes (eventually) an American
citizen. She will travel as a Chinese citizen (until then).
On
the first reentry, immigration will probably take one of the copies - you keep
the other. If you leave the US again, make a photocopy to give to the
immigration folks on the second and subsequent returns. Always keep one of the
originals you just got in the mail.
More
info:
Need to know Advance Parole Procedure
http://candleforlove.com/forums/index.php?showtopic=17410
------------------------------------------------------------------------------------------------------------
Q. What is the
difference between an Advanced Parole and a Re-entry permit?
An Advanced Parole is issued to an alien who does not
have permanent resident status.
A Re-entry Permit is issued to a permanent resident of
the U.S.
On the appearance, an Advanced Parole is a piece of paper
with the alien's photo whereas a Re-entry Permit looks like a passport. An
Advanced Parole functions like a visa to the U.S. while a Re-entry Permit
functions sometimes like a passport. In another word, an alien with an Advanced
Parole still needs a foreign passport to enter into the U.S. while a permanent
resident with a Re-entry Permit does not need a foreign passport to enter into
the U.S. Another difference is the duration: An Advanced Parole is valid for
one year whereas a Re-entry Permit is valid for two years.
--------------------------------------------------------------------------------------------------------------
Q. What is a re-entry
permit?
A.
"Re-Entry Permit
Lawful Permanent Residents (green card holders) use re-entry permits to
re-enter the
Conditional residents use re-entry permits to re-enter the U.S. after travel of
one year or more. For conditional residents returning to the U.S., re-entry
permits are generally valid for two years from the date of issuance of the
re-entry permit or until the date the conditional resident must apply for the
removal of conditions, whichever comes first. The conditional resident should
apply for this benefit before leaving the
A.
Please note that a re-entry permit does not guarantee
admission into the U.S. Aliens with re-entry permits are still subject to the
inspection process at the port of entry. It is also important to note that
travel outside of the U.S for more than one year will under most circumstances
break the continuous residence requirement for later naturalization purposes.
Travel for over 6 months may break the continuous residence requirement.
--------------------------------------------------------------------------------------------------------------
Q. How to file for
re-entry permit?
A.
If the alien is a permanent resident or conditional
resident, he or she must attach:
- A copy of the alien registration receipt card; or
- If he has not yet received his alien registration receipt card,
a copy of the biographic page of his passport and the page of his passport
indicating initial admission as a permanent resident, or other evidence that
the alien is a permanent resident; or
- A copy of the approval notice of a separate application for
replacement of the alien registration receipt card or temporary evidence of
permanent resident status.
--------------------------------------------------------------------------------------------------------------
I-485 AOS COVER LETTER SAMPLE FOR K1
--------------------------------------------------------------------------------------------------------------
I-485
ORIGINAL SUBMISSION
Cover
Letter For [ Chinese name here] , A#
[ Chinese name here]
[Address here]
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
[date here]
To Whom It May Concern:
Enclosed please find Form I-485 and supporting documents to adjust status as a
K1 visa holder to Permanent Resident of the
Contents
include:
I.
Initial evidence and supporting documents:
|
A.
|
Payment in the amount of $325 for I-485
|
|
B.
|
Payment in the amount of $70 for Fingerprint/Biometric
|
|
C.
|
I-485 , Application to Adjust Status
|
|
D.
|
I-864 , Affidavit of Support (notarized)
|
|
E.
|
Copies of three years of tax transcripts
|
|
F.
|
Copy of employment letter
|
|
G.
|
G-325A , Biographic information
|
|
H.
|
Two (2) color passport style photos
|
|
I.
|
Copy of Birth Certificate and Translation
|
|
J.
|
Copy of passport page with non-immigrant visa
|
|
K.
|
Vaccination supplemental form to I-693 in sealed envelope from
Civil Surgeon
|
II. Evidence of eligibility & status:
|
L.
|
Copy of I-797, Notice of Action for I-129F fiancée petition
approval
|
|
M.
|
Copy of certified Marriage Certificate
|
|
N.
|
Copy of both sides of I-94 , Nonimmigrant Arrival/Departure Record
|
Copies of documents submitted are exact photocopies of unaltered documents and
I understand that I may be required to submit original documents to an
Immigration or Consular officer at a later date.
Thank you for your attention.
Signed,
[ Chinese name here]
--------------------------------------------------------------------------------------------------------------
FORMS
--------------------------------------------------------------------------------------------------------------
|
Form Name
|
Comments
|
Download
|
|
Change of Address for
alien
|
To report the change of address of an alien in
the United States. (for sponsor’s
change of address, see I-865)
|
|
|
Petition for Alien Fiancee
|
This form is used to petition to bring your
fiancé(e) and that person's children to the United States for marriage to you
or to bring your spouse and that person's children (K-3 and K-4 visas,
respectively) to the United States to complete processing for permanent
resident status (under the LIFE Act and Amendments of 2000);
|
|
|
Petition for Alien
Spouse
|
A citizen or lawful permanent resident of the
United States may file this form to establish the relationship to certain
alien relatives who wish to immigrate to the United States. A separate form
must be filed for each eligible relative.
|
|
|
Advanced Parole
|
This form is used to apply for a Travel Document,
reentry permit, refugee travel document or advance parole.
|
|
|
Affidavit of Support
|
To file a promise with USCIS to support an alien
entering the United States and that the alien will not become a public
charge. A separate affidavit must be filed by the sponsor for each person.
|
|
|
Petition for
Adjustment of Status
|
"Application
to Register Permanent Residence or Adjust Status" is
submitted by the individual wishing to obtain permanent resident status (the
"applicant"). It is generally filed with supporting evidence, and
may be filed in conjunction with several other applications or petitions.
|
|
|
Vaccination
Supplement
|
This form is used to determine whether an
applicant for adjustment of status is admissible to the United States on
medical grounds.
|
|
|
Employment
Authorization Document
|
Application for Employment Authorization
|
|
|
Petition to Remove
Conditions
|
For a conditional resident who obtained status
through marriage to apply to remove the conditions on his or her residence.
|
|
|
Notice of Action
(Receipt, RFE, Approval)
|
Received from USCIS.
|
|
|
Application for Action on an Approved
Application or Petition.
|
For I-130 to
continue to NVC. $200 fee. Check for
any payment changes.
|
|
|
Affidavit of Support
|
To show that the applying immigrant has enough
financial support to live without concern of becoming reliant on U.S.
government welfare.
|
|
|
Affidavit for
household members
|
If you are using the income of persons in your
household or dependents to qualify as a sponsor, you must also submit a
separate Form I-864A, Contract Between Sponsor and Household Member, for each
person whose income you will use.
|
|
|
Affidavit, EZ version
|
Form
I-864EZ is a shorter version of Form I-864 designed for cases that meet certain
criteria. Form I-864 or Form I-864EZis legally required for many family-based
immigrants to show that the intending immigrant has adequate means of
financial support and is unlikely to become a public charge.
|
|
|
Poverty
Guidelines
|
This form is used to determine the minimum income
requirement needed to complete Form I-864.
|
|
|
Sponsor’s Change of
Address
|
To report a sponsor's new address and/or
residence.
|
|
|
Application to
Replace Green Card
|
Use
this form to replace a "Green Card."
Note:
Do not use this Form I-90 if you are a conditional resident and your status
is expiring. You must apply accordingly to remove the conditions
|
|
|
Arrival / Departure
Record
|
Arrival-Departure Record.
|
|
|
Replacement of I-94
|
For a nonimmigrant to apply for a new or
replacement Form I-94 or I-95 Nonimmigrant Arrival-Departure Document
|
|
|
Application for
Waiver
|
For an alien who is ineligible to enter the
United States to apply for a waiver of excludability.
|
|
|
P4 form. Bring to Medical exam. This
will be sworn to at consulate.
|
| |
|
Application for
Passport
|
If your most recent passport was issued less than 15 years
ago and you were over 16 years old at the time of issuance, you may be
eligible to use Form DS-82 (mail-in application).
|
|
|
Statement Regarding
Lost Passport
|
A
United States citizen may not normally bear more than one valid or
potentially valid U.S. passport at a time. It
therefore is necessary to submit a statement
with an application for a new
|
|
|
Application for
Passport by Mail
|
Renewal only. See instructions.
|
|
|
Non-Immigrant Visa
Application
|
P4 form. Bring to Medical exam. Leave
blank.
|
|
|
Supplemental K to
DS-156
|
P4 form. Bring to Medical exam. Leave
blank.
|
|
|
Supplemental to
DS-156
|
P4 form. Bring to Medical exam. Leave
blank.
|
|
|
Medical Examination
|
P4 medical form. Bring to Medical exam. Leave
blank.
|
|
|
Chest x-ray
|
P4
medical form. Bring to Medical
exam. Leave blank.
|
|
|
Vaccination Worksheet
|
P4
medical form. Bring to Medical
exam. Leave blank.
|
|
|
Medical History
|
P4
medical form. Bring to Medical
exam. Leave blank.
|
|
|
Application for
Immigrant Visa
|
Complete
one copy of this form for yourself and each member of your family, regardless
of age, who will immigrate with you. Please print or type your answers to all
questions. Mark questions that are Not
Applicable with "N/A". If there is insufficient room on the form, answer
on a separate sheet using the same numbers that appear on the form. Attach
any additional sheets to this form
|
|
|
Choice of Address /
Agent
|
Make
sure the address is complete and correct. NVC will use this address for
future mailings.
|
|
|
Important Document
Information
|
Optional. Affidavit stating photocopies are unaltered copies of original.
|
|
|
Fee Schedule
|
Petitions
and applications submitted to U.S. Citizenship and Immigration Services
(USCIS) require a fee listed below. fees are effective
|
|
|
Attorney of Record
|
To provide notice that an attorney or
representative of a religious, charitable, social service or similar
organization will appear before U.S. Citizenship and Immigration Services on
behalf of a person involved in a matter before USCIS.
|
|
|
Biographic Form
|
To provide biographic information on an alien.
|
|
|
Family Composition
Sheet
|
Family Composition Sheet
|
|
|
Supplemental Form
|
Supplemental Form
|
|
|
Evidence… To meet
Public Charge
|
Informational sheet. In English and Chinese.
|
|
|
For Immigrant
Applicants
|
Checklist of items that are needed for the
interview. Check off and return to
consulate ASAP. Collect items closer
to interview. In English and Chinese.
|
|
|
Immigrant Visa
Information Sheet
|
Received with P4 documents.
|
|
|
Application for
Naturalization
|
Use this form to apply for United States
Citizenship
|
|
|
Packet Four
Appointment Letter
|
P4 Appointment Letter. Bring original to medical and to interview.
|
|
|
Application for SSN
|
Application for Social Security Number
|
|
|
Application for Tax
ID Number
|
Do not submit this form if you have, or are eligible to obtain,
a U.S. social security number (SSN).
Getting an ITIN does not change your immigration
status or your right to work in the United States and does not make you
eligible for the earned income credit.
|
|
|
Request for Copy of
Tax Returns
|
You
may be able to get your tax return or return information from other sources.
If you had your tax return completed by a paid preparer, they should be able
to provide you a copy of the return. The IRS can provide a Tax Return Transcript for
many returns free of charge. The transcript provides most of the line entries
from the tax return and usually contains the information that a third party
(such as a mortgage company) requires.
SeeForm 4506-T, Request
for Transcript of Tax Return, or you can call 1-800-829-1040 to order a
transcript.
|
|
|
Request for IRS Tax
Transcripts
|
Use
Form 4506-T to order a transcript or other return information free of charge.
See the product list below. You can also call 1-800-829-1040 to order a
transcript.
If
you need a copy of your return, use Form 4506, Request for Copy of Tax Return.
There is a fee to get a copy of your return.
|
|
--------------------------------------------------------------------------------------------------------------
ACRONYMS & GLOSSARY
--------------------------------------------------------------------------------------------------------------
A .
ACH
– American Citizen Hour. See http://candleforlove.com/forums/index.php?showtopic=18694
AOS
– Adjustment of Status (primarily); Also Affidavit of Support
B
.
BCIS
– Bureau of Citizenship and Immigration Services (Now USCIS)
BJ
– Short-hand for Beijing, China.
C
.
CIS
Ombudsman – Citizenship and Immigration Services Ombudsman provides recommendations for resolving individual and employer
problems with the United States Citizenship and Immigration Services (USCIS). See http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0482.xml
CPC – Communist Party of
CCP – See CPC.
CR[1] – Conditional Residency, alien spouse of a USC. A family (married) based visa category for
which no numerical limit exists; An immigrant visa
number is available without wait. The marriage must of
took place less than two years at the time of visa issuance or adjustment of
status. (for
marriages more than two years, see IR[1])
CR[2] – Conditional Residency for child/stepchild of a CR[1] visa
holder. See also IR[1]
and CR[2].
CSC
– California Service Center
D
.
DCF – Direct Consular Filing. This is a street term and not one known by
consulates. When in contact with government
agencies, refer to it as the filing of a I-130 at an
overseas consulate. See http://www.usembassy-china.org.cn/guangzhou/uscis/I130.html
DHS – Department of Homeland Security.
DOS
– Department of State.
EAC
= St. Albans, Vermont or VSC. This is the receipt number prefix for petitions
received and approved at VSC.
ESL – English as a Second Language. Sometimes also, EFL (English as Foreign Language) or ESOL (English
to Speakers of Other Languages).
F
.
F1 – Family first preference. Unmarried son/daughter of
USC, or their children. Typically
over 21 years of age, and did not qualify for CR2 or IR2 category.
F2 – Family second preference. Spouses, unmarried
son/daughter of permanent resident.
F3 – Family third preference. Married
sons and daughters of a USC, their spouses and children.
F4 – Family fourth preference. Brothers
and sisters of USC, their spouses and children.
FAQ
– Frequently Asked Question.
G
.
GUZ
– Short-hand for Guangzhou, China. Often used to refer to the US Consulate in
GC
– Green Card.
H
.
I
.
INS – Immigration and Naturalization Services. Now
transitioned into DHS as USCIS.
IR[1]– Immediate Relative [spouse] of a USC. A family (married) based visa category for
which no numerical limit exists; An immigrant visa
number is available without wait. The marriage must of
took place more than two years at the time of visa issuance or adjustment of
status. (for
marriages less than two years, see CR[1])
IR[2] – Immediate Relative [child/stepchild] of a USC. See also IR[1] and
CR[2].
IV
– Immigrant Visa
J
.
K
.
K1 – Also K-1. Refers
to the family (marriage) based visa given to alien fiancée of a USC.
K3 – Also K-3. Refers
to the family (marriage) based visa given to alien spouses of a USC.
K4 – Also K-4. Child of alien spouse. This is a derivative status visa.
L
.
LIN -
LPR – Lawful Permanent Resident. Any person not a citizen legally residing in
the US as an immigrant. Also called a Green Card holder.
MSC
– Missouri Service Center. Now NBC. This is the
receipt number prefix for petitions received and approved at NBC.
NBC
- National Benefits Center. Originally
the Missouri Service Center, and originally created to process petitions
associated with the Life Act (K3). The
scope of NBC is now much greater than it’s original
function, but receipt numbers still bear the prefix of MSC.
NIV
– Non Immigrant Visa
NOA1 – Also NOA-1. Also called P1. Refers to the I-797 Notice of Action (from
USCIS) showing receipt of a petition.
NOA2 – Also NOA-2. Also called P2. Refers to the I-797 Notices of Action (from
USCIS) showing approval of a petition.
NSC
– Nebraska Service Center
NSCS - National Customer Service Center. 1
(800) 375-5283
NVC
– National Visa Center in Portsmouth, NH. NVC performs initial processing of K- and CR/IR cases and acts as the
“pass off” between Visa centers and consulates, in both directions.
OP – Original Poster.
P1
– Packet 1. An outdated (though still
used) reference to the ‘packets’ sent to petitioners and beneficiary of family
(marriage) based visas. See NOA1.
P2
– Packet 2. An outdated (though still used) reference to the ‘packets’ sent to
petitioners and beneficiary of family (marriage) based visas. See NOA1.
P3
– Packet 3. An outdated (though still used) reference to the ‘packets’ sent to
petitioners and beneficiary of family (marriage) based visas. The official new name is “Instruction
Packet”. P3 for a K applicant refers to
the packet (forms) received from the consulate after the case is entered into
the system. P3 for a CR/IR applicant
refers to the paperwork received from NVC.
P4
– Packet 4. An outdated (though still used) reference to the ‘packets’ sent to
petitioners and beneficiary of family (marriage) based visas. The official new name is “Appointment
Packet”. P4 refers to the Appointment letter received, containing an interview
date and various forms (including for the medical).
PDF – Portable Document Format. A software file extension that many documents
are ‘ported’ to as a generic format readable with the free software, Adobe
Reader. Some versions are fillable (you can type in the boxes) and some will save thefillable forms (and some will not). Other software readers exist for this file
format as well.
Priority
Date – This is the wait for when an immigrant visa is available. A current priority date means there is no
waiting (a IV number is available); There is no waiting for family
(marriage) based visas.
POE – Port of Entry into the
SO – Significant Other. A generic, non-gender
reference to the person with whom you are dating, engaged, married.
SRC
= Dallas, Texas or TSC. This is the
receipt number prefix for petitions received and approved at TSC.
TSC
– Texas Service Center
USCIS
– United States Citizenship and Immigration Services (formerly BCIS, formerly
INS). Adjudicates IV
Petitions.
VO- Visa Officer.
Usually refers to the interviewing officer at the consulate.
VSC
– Vermont Service Center
WAC = Laguna Niguel, California or CSC. This is the
receipt number prefix for petitions received and approved at CSC.
