A Candle for Love - P3 FAQ
CONTENTS:
1) Section 1 – Questions related to the P3 stage.
2) Section 2 – Questions related to the beneficiary’s P3 needs
3) Section 3 – Questions related to the petitioner’s P3 needs
4) Section 4 – Questions related to CR1s P3 stage
5) Section 5 – Questions related to children of K1,K3,CR1.
IMPORTANT NOTE:
These are compilations and consolidations from other peoples questions and
answers posted on the Candleforlove.com web page and other pages. You should
read this FAQ with that in mind, because things change faster than this FAQ.
If the question or answer is familiar to you, thank you for your contribution. In some cases, the original has been edited for this FAQ. These questions and answers are only related to the visa process for those petitions going through the US Consulate in Guangzhou. If you find something that does not seem correct, please email or post about it, that way this FAQ can be updated. Remember these questions and answers are based on other people’s opinions or experiences only.
WHERE TO GET FURTHER INFORMATION:
1) This FAQ will contain common and frequent questions but may not have some information you need. It is recommended that you look at the following CFL FAQs:
2) http://candleforlove.com/forums/index.php?showtopic=11293
a. CFL Visa FAQ
b. CFL DCF FAQ
c. CFL P3 FAQ
d. CFL P4 FAQ
e. CFL Interview FAQ
f. CFL Interview Questions FAQ
g. CFL AOS FAQ
3) CFL searchable database (www.candleforlove.com)
4) Visa Journey FAQ (http://www.visajourney.com/faq/k1faq.htm )
=====================================================================
P3 Frequently Asked Questions.
=====================================================================
Section One: General Questions.
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Q.1.1 What is a FAQ?
Q.1.2 What is a P3?
Q.1.3 At what stage of the visa process does the P3 occur?
Q.1.4 Who sends the P3?
Q.1.5 what are the documents contained in a P3?
Q.1.6 where can I find sample P3 forms?
Q.1.7 Can we send sample or downloaded P3 forms?
Q.1.8 How long until we receive the P3 from the Consulate?
Q.1.9 When should I send the forms back?
Q.1.10 Which forms do we send back after receiving the P3?
Q.1.11 DS-230?
Q.1.12 Best way to send P3 forms back?
Q.1.13Should we send back both versions of the forms, English and
Chinese?
Q.1.14 Which signature English or Chinese?
Q.1.15 How should she write the date? Month/Day/Year???
Q.1.16 Chinese Telegraph Code?
Q.1.17Is my P3 lost?
Q.1.18 How do I find out the status of P3?
Q.1.19 Can I check my status on line, I have the case number?
Q.1.20 What's next after the P3?
Q.1.21Name Check, again?
Q.1.22 Does everyone have to go through the second name check?
What's it anyway? Is it for you or for your fiancée?
Q.1.23I got back a response from GUZ about my namecheck…
Q.1.24How long after we return the P3 until we receive the P4?
Q.1.25 How long after we return the P3 until the Interview?
Q.1.26 Fees?
===================================================================
Section two: P3 questions related to beneficiary’s documents to
collect
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Q.2.1What documents does the Chinese beneficiary need to have Translations / Notarizations?
Q.2.2Single Certificate?
Q.2.3Divorce Certificate?
Q.2.4Birth Certificate?
Q.2.5 No Birth Certificate?
Q.2.6 Police Certificate?
Q.2.7 Police Certificate from other countries?
Q.2.8I have read that the following apply for the valid length of time for documents, is this correct?
Q.2.9Miscellaneous form questions.
==================================================================
Section three: P3 questions related to petitioner’s documents to
collect
-------------------------------------------------------------------------------------------------------------------
Q.3.1What all does the USC petitioner need to provide to the Chinese beneficiary for the interview?
Q.3.2Do I need to notarize every page of my passport?
Q.3.3Do I need to fill out the I-134 for the P3?
Q.3.4What information can you give me about the I-134?
Q.3.5Where can I get tax transcripts?
Q.3.6What if I filed e-returns, can I use them?
Q.3.7What if I have been living in China and do not have one - three years of taxes to show?
Q.3.10 Employment Letter?
==================================================================
Section Four: Questions related to CR1
-------------------------------------------------------------------------------------------------------------------
Q.4.1Documents?
Q.4.2How do you determine household size?
Q.4.3I-864?
Q.4.4 Automated message for my case at NVC?
Q.4.5Also the IV bill I just received is for the CR-1/CR-2 , $760 for my wife and her daughter!
Q.4.6What fees can be expected through the process?
==================================================================
Section Five: Questions related to children of K1, K3, and CR1
-------------------------------------------------------------------------------------------------------------------
Q.5.1IF my WIFES I-130 reaches GZ before the K-3/4?
Q.5.2If the I-130 arrives in Guangzhou do we have to go that route.
Do we have a choice?
Q.5.3 My fiancée has a 14 yo child. Are there any specific
hurdles or difficulties that we can expect?
Q.5.4Does the son have to sign his own OF-169?
Q.5.5I will try to get CR1 for my wife and K4 for my stepson. Is this possible?
Q.5.6Do you need to file a G-325A (Biographic Information) for your step child?
Q.5.7We can get her here on a K4, up to the age of 21..but how do we
successfully file an I-130 for her?
Q.5.8 Must the K2 child have their own passport and also attend
the interview ?
Q.5.9 A stepchild who was over 18 but under the age of 21 when
they married?
Q.5.10What is this issue about “aging out” by the children?
Q.5.11 My child did not move with me to the United States, but now he wants to move here?
Q.5.12 I have heard that GUZ gives one envelope package to the K1/K2, but my child will follow later?
=====================================================================
=====================================================================
The Answers.
=====================================================================
Section One: General Questions
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(30 May 2005)
Q.1.1 What is a FAQ?
A.1.1.1
FAQ is an acronym for Frequently Asked Questions.
A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help
people who are new to the subject get a basic level of understanding by
answering the questions that are frequently asked. It is considered common
courtesy in the on line world to read the FAQ before posting your question as
it may already have the answer you need, or it might help you to formulate your
questions so that someone else can more easily help you when you ask them.
A.1.1.3
There are a lot of acronyms and abbreviations used on the CFL forum. Please
read the CFL FAQ for the definitions of the commonly used ones.
--------------------------------------------------------------------------------------------------------------
(Edited 30 May 2005)
Q.1.2 What is a P3?
A.1.2.1
Abbreviation for "Packet 3"
A.1.2.2
After the petition for your Chinese fiancée /Wife/Husband has left
the NVC (National Visa Center) and reached the U.S. Consulate in Guangzhou,
these are the next set of instructions and documents that the Consulate will
send that will need to be followed, filled out and returned, towards the next
step of receiving the P4 and Interview. If your P3 documents come from
somewhere else, the rest of this FAQ may be helpful, but instructions and forms
might be different based on the visa type, consulate and country.
------------------------------------------------------------------------------------------------------------------
(Edited 12 Jan 2006)
Q.1.3 At what stage of the visa process does the P3
occur?
P1:
A.1.3.1
Since you have sent in your I-129f right now you are waiting for NOA1(Notice of Action) this lets you know that your petition was received, usually takes about 2 to 3 weeks to get. Next you are waiting for approval of that petition and then you will receive an NOA2(P-2) or an approval, check USCIS web site for processing dates to figure time. From there your petition is sent to NVC(National Visa Center) in Portsmouth New Hampshire where it undergoes further processing which includes a security check, which can take anywhere from 2 weeks to a year, most are processed in two to four weeks. You can call the NVC at this time and get the GUZ (Guangzhou) number that is assigned. After approval the NVC sends the petition to Guangzhou and it "ages' in a warehouse there usually for about 30 days and is then input into the computer and a P-3 is generated and sent to your SO. Upon her return of the documents requested it is then processed through another security check and queued up for the interview date at which time a P-4 would be sent to your SO. P-3 to P-4 time used to be 5 to 6 months, but it appears to be quickening up as of late.
USCIS online case status:
https://egov.immigration.gov/cris/jsps/index.jsp
P2:
A.1.3.2
After the I-797 letter, also called the ‘NOA2’: (The second Notice of Action
in the visa process).
[Editor: For K1 and K3, the NOA2 will contain the “A” number (Alien Registration Number) .
For more info, see:
What is the "A"?
http://candleforlove.com/forums/index.php?showtopic=13739
NVC Related:
A.1.3.3
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 your wife's 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).
Shipments to GUZ:
A.1.3.4
I
have a k3 petition that left NVC on Nov 17. All three packs have arrived in Guangzhou, but only 1 has cleared customs.
I got the info by phoning DHL at 1-800-225-5345. When I got a human, I gave
them the NVC address (32 Rochester Ave Portsmouth, N.H. ZIP CODE 03801-2909)
Guangzhou is US Consulate No. 1 Shamian Street, Guangzhou, PRC ZIP CODE
510133.
The most important parts to DHL are the zip codes.
Comments from USCONGUZ on Shipments to GUZ:
A.1.3.5
Customs delays: This is another topic that gets a lot of attention and my sense is that many feel we use this as an excuse to hide our inefficiency and sloth. Some have commented that the claim of cases held up by Chinese customs was phoney because the cases are shipped under diplomatic seal and therefore not subject to customs inspection. This is a simple one - IV cases are not shipped via diplomatic pouch. The State Department does not use DHL to ship diplomatic pouch mail.
A.1.3.6
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.
A comment was made earlier that since the boxes were listed as "U.S.
Diplomatic Papers" on some DHL tracking list and they were, therefore,
immune from Chinese customs handling. 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.
At GUZ:
A.1.3.7
I just got off the phone with DOS, and they just told me that our case is already in the system in GUZ, but GUZ can not give out interview date until they have the hard copy sent from NVC, so I asked her how, and she told me that NVC electronically mails the cases to GUZ, and then GUZ then waits for the hard copy to give out the interview date. DOS then tells me that this can take anywhere from 3 days to 6 weeks with DHL and customs.
P3:
A.1.3.8
When I was waiting for GZ to send out the P3, DOS indicated to me that GZ received the electronic copy of my 129 about a month before receiving the hard copy. They ordered the name check before they sent out the P3.
A.1.3.9
More Info:
NVC Shipments to GZ Tracking Info
http://candleforlove.com/forums/index.php?showtopic=8373
tracking DHL mail?, I don't have a clue!
http://candleforlove.com/forums/index.php?showtopic=7871
NVC Case Number..., how to get?
http://candleforlove.com/forums/index.php?showtopic=15186
Case Approval at NVC, Now what?
http://candleforlove.com/forums/index.php?showtopic=9490
------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.4 Who sends the P3?
A.1.4.1
K1:
The Chinese beneficiary gets the P3 from the U.S. Consulate in Guangzhou. It usually arrives via EMS (Express Mail Service) from the Guangzhou Consulate.
K3:
The Chinese spouse gets P3 packet from U.S. Consulate in Guangzhou. It usually arrives via EMS (Express Mail Service) from the Guangzhou Consulate.
CR1/IR1:
NVC sends the P3 package and not Guangzhou. The P3 package will be sent to the Agent of Choice (person you specified on the DS-3032).
A.1.4.2
To request another P3 from the consulate:
Email the consulate. Most likely they will accept a fax of the preferred mailing address in Chinese characters to them at:
Fax: 86-20-8121-8341.
-----------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.5 What are the documents contained in a P3?
A.1.5.1
Read the Guanzhou Consulate FAQ page around the twelfth question (For K1 Visa):
http://www.usembassy-china.org.cn/guangzho...u/iv/kvfaq.html
A.1.5.2
Here is a list of documents based on CFL members:
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) **
A.1.5.3
**
DS2000 is formerly known as OF 167, although the older version appears to be
still sent out. DS2000 is an information sheet - Evidence which may be
presented to meet the public charge provisions of the law, meant to assist
the US sponsor in preparing their affidavit of support.
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.6 Where can I find sample P3 forms?
A.1.6.1
You can find sample forms on CFL here: http://www.candleforlove.com/FAQ/Forms/index.htm
------------------------------------------------------------------------------------------------------------------
(Edited 13 Aug 2006)
Q.1.7 Can we send sample or downloaded P3 forms?
A.1.7.1
I got an email from Guangzhou saying to use copies or download forms from the
Internet when I was doing my P-3.
------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.8 How long until we receive the P3 from the
Consulate?
A.1.8.1.
Based on 2006 data, the average from NVC sending the case to Guangzhou until
the P3 is received, is about 70 days.
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.9 When should I send the forms back?
A.1.9.1
K# applicants return papers to GUZ
CR#
applicants return papers to NVC.
A.1.9.2
K#: What is important now is to get the P-3 forms filled out and sent back in
ASAP. She will have plenty of time to gather up the needed documents. An
example I like to use is a friend’s wife and my wife received their P-3s the
same day. His wife sent hers back 5 days before my wife and they got a March
8th interview date. Ours was April 13th. There are X amount of interview slots
in a given month. Once they are filled your petition will be scheduled for the
following month. (K1)
------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.10 Which forms do we send back after receiving the
P3?
A.1.10.1
K1-K4:
When
your fiancée gets the P3 packet in the mail she must return 2 forms:
1. DS-230 (part I)
2. OF-169
Note: As of June 2006, the P3 Supplement is not longer required by the consulate. If you receive this for any reason, you can discard it.
A.1.10.2
CR1/IR1:
The term "P3" when referring to CR-1 is also a "street" term. It's the it's the I-864 and DS-230 part1. Don't wait for both of them to arrive thinking they are part of a "P3" package. They both go to different offices. 864 to st. louis and 230 to NH.
If you are going strictly with the I-130:
-
The NVC would have sent you and your wife a DS3032 (also known as a Choice of
Agent Doc).
- This must be signed by your wife and returned by her before the NVC will
proceed.
- Then they send you an Affidavit of Support Fee Bill, and freeze everything
until your check clears the bank.
- 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.
- Send that back, and get P4 and invitation.
A.1.10.3
CR1 – Agent of Choice (DS-3032):
When
an approved I-130 (CR or IR-1) arrives at NVC the FIRST thing after
receipt/assigning a GUZ case # is sending the DS-3032 Choice of Agent form to
both the Petitioner and Beneficiary (generally the I-864 BILL will arrive at
the petitioner's address soon after).
The DS-3032 must be signed by the "Applicant" (Chinese
national). Further NVC correspondence should go to the address elected on the
DS-3032 form be it China or a US location.
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!
Primarily the ACTUAL I-864, the I-864 fee, IV fees are seen as being the
responsibility of the PETITIONER. A Beneficiary can not sponsor themself on the
I-864 Aff. of Support!
-----------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.11 DS-230?
A.1.11.1
In
the first place, make certain the address on the DS-230 is the actual address
where your spouse or significant other will be certain to get the letter, when
it comes. That appears to be the address to which they will send the [P4] packet
and interview letter.
A.1.11.2
K1 & K3:
DS-230
part I (returned at P3) received from consulate; (NO part II)
CR1, DS-230 Part I:
The actual DS-230 form Chinese entries and a Signature out of the immigrant. These forms are NORMALLY received by the Petitioner (vias the election on the DS-3032) and mailed to spouse in CN and mailed back to US and on to NVC. There is an instruction sheet asking for a PHOTOCOPY of her BIO. page(s) only of the PP (passport).
CR1, DS-230 part II:
Received with P4; Bring to Medical exam and it will be sealed in medical envelope.
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.12 Best way to send P3 forms back, and track it?
A.1.12.1
EMS (Express Mail Service), Chinese version:
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:
and then just press the Enter key.
English version:
http://www.ems.com.cn/qcgzOutQueryAction.do?reqCode=gotoSearchE
A.1.12.2
When
she sent back the P3, she also included in the package, a completed EMS form for the P4 to be sent back. When the P4 arrived, the consulate used this EMS form. This gave us the chance to track the P4 as it arrived from the consulate, and
also ensured that the consulate had the correct address.
-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.1.13 Should we send back both versions of the forms,
English and Chinese?
A.1.13.1
I think we ended up just sending back the English versions.
A.1.13.2
You mean checklist and info form? We did both just to be sure - it'll only take
an extra minute or two.
A.1.13.3
She only needs to fill out the English one, but you can do both again to make
sure if you want. That's what my SO wanted to do. On the Chinese one, I think
you can write in Chinese as long as the other one is in English.
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.14 Which signature English or Chinese?
A.1.14.1
Sign in both, just to make sure. In some places it exclusively requests
Chinese.
-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.15 How should she write the date? Month/Day/Year???
A.15.1
For
the date you can write like this: August 3rd, 2005 just in case.
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.16 Chinese Telegraph Code?
A.1.16.1
For each Chinese word, there is a standard (4 digits) Chinese telegraphic code.
Tell your fiancee go to the following web-site http://www.6532.net/Sampleform/dianbao.htm
enter
her name one word at a time in Chinese, then it gives you the Chinese
telegraphic code.
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.
A.1.16.3
If that doesn't work here's another link for the codes:
http://www.dtc.umn.edu/~reedsj/ctc.pdf
This requires the telegraphic code as input and will give back the Chinese Character.
http://www.unicode.org/charts/unihansearch.html
A.1.16.4
The Telegraphic code is requested in the following documents:
P3:
1)
U.S. Consulate General Guangzhou, China
Packet3 Supplemental Information Sheet
Item # 4 - Name of each applicant in Chinese Standard Telegraphic Code or Si Jiao Hao Ma (if you can provide)
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
-----------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.17 Is my P3 lost?
A.1.17.1
If history is any indication, it took the GZ (Guangzhou Consulate) almost a
month to enter our P3 information into the system after they had received the
packet. I wouldn't be too worried, but I probably would drop them an e-mail
once a week or so to inquire as to the status. The responses I got from my
inquiries were along the same lines but without reference to the Christmas
holidays.
[Editor: See Q.1.3, Q.1.18 , shipments to GUZ]
----------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.1.18 How do I find out the status of P3?
A.1.18.1
National Visa Center(NVC)
1-603-334-0700 Call after NOA2 they will give you the GUZ# and do the Security
Check.
Department of State (DOS) 1-202-663-1225 Call after NVC completes Security
check and sends to Guanghzhou
A.1.18.2
Call 1-202-663-1225 That is DOS's (Department of State) phone number.
If Guangzhou sent you the response that it will be a few months before you are
scheduled for an interview, then it is assumed that you have made it past the
second name check and in the waiting queue. If Guangzhou sent you an email
saying that they are in the pre-interview process then you are not in the queue
for waiting yet.
A.1.18.3
call
the DOS at 202.663.1225
Then press 1, then press 5, then press 0.
One of two things will happen:
1. An automated message will tell you "all phone lines are busy and to
call back later" (or something close to these words), and the the
phone line will disconnect.
2. An automated message will tell you "please wait until a visa
specialist answers your call and your wait time will be xx minutes (usually 15
minutes)" (or something close to these words). If this occurs, hold on
the phone line until a live person (visa specialist) answers. While you are
on-hold you will not hear music on-hold but you will only hear silence
(so stay on the phone !!!!). Every 4 -5 minutes while you are waiting an
automated message will inform you to stay on the line (I cannot remember the
exact words).
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)
After you supply the above information, then ask for a status update on your
fiancee's/spouse's case. Specifically ask if and on what date the Consulate
requested the "2nd name check". Ask if and on what date the "2nd
name check" was completed. For example, my wife's 2nd name check was
requested by Guangzhou on 06/04/05 and the currrent status is
"pending", meaning the consulate has not received comformation from
the appropriate government agency(ies) that the 2nd name check has been
completed.
Please note, that all visa specialists do not have the same skill level. One
specialist that I spoke to did not realize there was a 2nd name check at all.
Remember we (on CFL) use the terminology "2nd name check". I am not
sure what the government calls it. However, three of the four visa specialists
that I spoke to, knew what I meant.
A.1.18.2
I found the best time to call DOS is when they open the phone lines. It usually
takes 5 to 15 minutes if you call at 0830 EST.
I've called them so many times over the last four months. It seems that only
females work there, or at least in the mornings. I was told that they all don't
have the same clearance when they log into their work stations. Some are
authorized to view more when they pull up your case on their computer. One
women I spoke to in September gave me the date the final name check was cleared
in the computer. A few days later when I called back, the woman that I spoke to
couldn't give me any dates or much less tell me if the name checks were done,
and was confused as to how anyone in that office could have given me that
information. Later in November, I spoke to another woman who explained that
most of the people in their office only have limited clearance, enough to see
if your case has been logged into GUZ, but not much else unless GUZ puts a
notification that the can see. She said sometimes GUZ puts markers on the file
that indicate to the people in that DOS office that they name check was
completed, but it won't show a date. She told me that there are some, but very
few, who have clearance to actually see dates and progress. She also told me
that all the emails anyone sends to GUZ are listed on the computer file that
the DOS office can see also, as well as all the inquiries submitted by Congress
persons, Representatives, and Senators.
The others above were right, just keep calling until you find a person who can
give you more information. But I wouldn't keep calling the same day, because
it's been my experience that they only have a few people answering phones at
any given time. I swear one day they only had three people answering phones
from 0830-1000 EST. I was upset by one of them, and I kept calling back trying
to get someone else to help me. I kept getting the same three women, so I gave
up and called the next day.
-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.1.19 Can I check my status on line? I have the case
number.
A.1.19.1
No, you can't check anything online.
But
you can use the GUZ case number to email GZ and ask about your case status. Go
to the Guangzhou consulate contact web page to send email. http://www.usembassy-china.org.cn/guangzho...iv/contact.html
You can get your GUZ number by calling DOS 1-202-663-1225, press 0, then 1 Give
them your SO's name, Birth date and NOA2 number
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.20 What's next after the P3?
A.1.20.1
- Name check on beneficiary
- Receive the P4 letter (name check must complete before the P4 letter can be sent)
- The Interview
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.21 Name Check?
A.1.21.1
FYI...according
to my Senator...BOTH the NVC name check and the additional requests from GUZ go
through the FBI and other agencies all coordinated by DOS.
The most common problem seems to be name similarities - other people with the same name and/or birth date as your SO.
A.1.21.2
My wife has a very common surname and a common first name. She has no middle name which is common with Chinese. Thus, there must be a lot of people with the same name as hers. So her name check took a long time.
A.1.21.3
I spoke with the DOS today and got the same answer "name check is not completed". I insisted to ask for more info. this time and they told me something new. They said that there are 7 people who have the same name as my SO waiting for their visas and it requires more time with the names check.
A.1.21.4
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.
A.21.5
Name check vs Security Clearance:
First
you must understand that there is a nomenclature that the government uses, and
then that of everyone else. There are minor inconsistencies in government
nomenclature relating to immigration, and MAJOR ones relating to what everyone
else calls it.
1. Everyone that files a petition for fiance, or marriage must undergo a
background check. The term "background check" is used quite
consistently throughout the process. Both the petitioner and beneficiary will
undergo a background checking procedure. The background check is first
submitted by the USCIS to the DOJ, and is conducted by what many agree to be
the FBI.
2. Later, after a petition is approved, there is a more thorough checking
conducted. This is the process what many refer to the namecheck. No-one really
knows exactly what's checked, or how it's done, so there is widespread
speculation as to what's happening. There are more links than you can shake a
stick at that attempt to explain the process, but be aware that because we're
talking national security here, that there is nothing published that states empiraclly,
exactly what is being done and how.
If either the petitioner or beneficiary generate a "hit" during the
background check process, your paperwork will invite more scrutiny on an up
close and personal level. Before that, most agree that the process is largely
automated. After a hit all paperwork must be investigated one-at-a-time, by a
human. Therefore, delaying the process.
The level of scrutiny is dictated by the background of both the petitioner, and
beneficary. Some US citizens have worked on sensitive things falling under the
scrutiny of national security. The beneficary, may or may not have a background
that generates a hit on the national watch list.
Bottom line is, it's the job of the DHS, FBI, DOJ, CIA, and the dark boys, to
keep bad people out of the US, and to keep the bad people that are currently in
the US from recruting re-inforcements. With all that said, there are two things
that happen with each petition:
a ) Background check at USCIS level
b ) Namecheck, at the NVC and / or Consulate level
A.21.6
[editor: Please note the following statement from the consulate:
“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.” ]
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.22 Does everyone have to go through the second name check? What's it anyway? Is it for you or for your fiancée?
A.1.22.1
I believe the second name check begins once GZ enters the P3 into their system and requests whoever is in charge of the name check in DC to begin (ie: based on info from the DS-230). I was not able to ask that specific question because they cut off my questioning. Perhaps another CFL member who is attending a later session can follow-up for everyone? It sounded to me that the second name check is done concurrently with GZ screening processes.
A.1.22.2
When I was waiting for GZ to send out the P3, DOS indicated to me that GZ received the electronic copy of my 129 about a month before receiving the hard copy. They ordered the name check before they sent out the P3.
A.1.22.3
From the info I got, they said that the second name check is standard for everyone now. By everyone, I mean the Chinese fiancée. Her or his name is run through a number of different agencies databases to ascertain if there is a name match with a known criminal, terrorist, previous visa fraud, etc. If the name does match, which it can with similar sounding names, then the process takes longer because they must do further checks to verify your fiancée is not the name on their databases. Which government agencies do this checking is a "secret" according to DOS.
A.1.22.4
I think it's possible that the PHRASE "2nd name check" may be a CFL or other Internet visa board creation. That is, they may be performing a second background check in Guangzhou, but may call it something else. Since the person answering e-mail in Guangzhou is obviously not a native English speaker, he or she may not be able to figure out how to answer our questions unless we use the correct terminology.
-------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
Q.1.23 I got back a response from GUZ about my name check…
A.1.23.1
Your clearance is just finished and your case is not scheduled yet. We will notify you once set.
A.1.23.2
We have completed all the name check for your fiancée’s case.
A.1.23.3
Your fiancée’s name check has been completed in U.S. on Aug 2004.
A.1.23.4
We
have been awaiting a response from the U.S. authorities regarding Mr. XX's
clearance. Please be assured that his case is on track and we will schedule him
for an interview once we receive the response.
------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.24 How long after we return the P3 until we receive
the P4?
A.1.24.1
About 45 days, unless some delay in namecheck or other review issue is
occurring.
------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.25 How long after we return the P3 until the
Interview?
A.1.25.1
About 85 days, unless some delay in namecheck or other review issue is
occurring.
-------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.1.26 Fees?
See visa FAQ for fees throughout the process
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===================================================================
===================================================================
===================================================================
Section two: P3 questions related to beneficiary’s documents to collect
-------------------------------------------------------------------------------------------------------------------
Q.2.1 What documents does the Chinese beneficiary need to have
Translations / Notarizations?
Q.2.2Single Certificate?
Q.2.3Divorce Certificate?
Q.2.4Birth Certificate?
Q.2.5 No Birth Certificate?
Q.2.6 Police Certificate?
Q.2.7 Police Certificate from other countries?
Q.2.8I have read that the following apply for the valid length of time for documents, is this correct?
Q.2.9Miscellaneous form questions.
------------------------------------------------------------------------------------------------------------------
(Edited 18 June 2005)
Q.2.1 What documents does the Chinese beneficiary need to have Translations / Notarizations?
A.2.1.1
The
documents needed to be translated from Chinese to English for k-1 are
- Single certificate (good for one year)
- Divorce certificate (if divorced)
- Birth certificate
- Police Certificates (good for one year)
A.2.1.2
Translation certifies as follows: "To whom it may concern, This is to certify that the English translated copy attached of (sic) NOTARIAL CERTIFICATE (2005) **** are in conformity with the Chinese original copy of NOTARIAL CERTIFICATE." Signature, stamp, etc.
A2.1.3
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
A.2.1.4
I would tactfully suggest that the foreign fiancée get extra certified translations *prior* to entering the US on the k-1 visa. the translation of foreign language documents WILL be required for adjustment of status.
A.2.1.5
We went to the big city of Chengdu to a Notary across from
the US Consulate where we paid the following:
- 200rmb for one copy of the Birth Certificate, plus 20rmb for each
additional copy. Each one in a booklet form of both Chinese and English. We got
six total.
- 200rmb for one copy of the Police Certificate, plus 20rmb for each
additional copy. Each one in a booklet form of both Chinese and English. We got
three total.
- 200rmb for one copy of of the Single Certificate, plus 20rmb for each
additional copy. Each one in a booklet form of both Chinese and English. We got
three total.
A.2.1.6
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.
In Guangzhou, you get a letter from min zheng ban (Civil Administration Bureau, Marriage Register Office) stating your SO never married before or never registered any marriage after last divorce.
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 China, you check with gong zheng chu (Notary Public).
--------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.2.2 Single Certificate / Marital Status?
A.2.2.1
The Chinese fiancée 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.
A.2.2.2
My S.O. got her single certificate at the same place she got her Notarial Birth Certificate.
---------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
A.2.3.1
Notarial
marital status certificate. 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.
A.2.3.2
The visa officer, who was a young lady, said all looks good but she wanted a notarized copy of my first divorce decree, which I didn't have.
For the record, most divorce decrees are 'certified copies" rather than notarized.
A.2.3.3
My SO has researched this and found that its best to have a notarized statement from the bio father allowing him to go to US. Having custody agreement alone won't do the trick.
A.2.3.4
A U.S. divorce decree does meet the requirement. The notarized divorce document is a requirement if the divorce took place in China. – GUZSpeaks (July 2006)
---------------------------------------------------------------------------------------------------------------
(Edited 20 January 2005)
Q.2.4 Birth Certificate?
A.2.4.1
The people at the marriage office should be able to tell your fiancée in detail
what she needs to do to get it. We went to a notary office to get copies of our
marriage certificate translated into English and notarized. while we were there
we had them make her a new Birth certificate too. Your fiancée will need to
have some pictures taken at the photo studio before she gets there. My wife
took her photos looking straight forward. She will also need to bring her
household registration card for ID. It took the office about 3 or 4 days to complete
all the paperwork.
A.2.4.2
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.
A.2.4.3
You should be able to get a birth certificate through a local government
office. My fiancée was unable to get her original certificate because as is the
case in many places throughout China, the records were lost by fire. They have
ways of recreating these records. She went to a local office in Nanning, then took those records to the notary office, had them translated and placed into
a book.
A.2.4.4
You do not need the original birth certificate. You need a notorized copy from the notary where the houkou is. Don't go through unnecessary steps.
[Editor: See the Hukou section for more experiences on getting
a birth certificate]
---------------------------------------------------------------------------------------------------------------
(Edited 18 May 2006)
Q.2.5 No Birth Certificate?
A.2.5.1
You need to have your S.O. get a Notarized Chinese Birth Certificate. My S.O.
also did not have an official Birth Certificate, since they did not issue these
when she was born. So, I found that she needed the Notarized Birth Certificate.
Here is some more info I found on a web site awhile back when I searched for
more info on this type of document:
Birth certificates are available in the form of notarial certificates ( Chu Cheng Gong Zheng Shu or Shu Sheng Zheng Ming Shu ) which can be obtained from one of China's Notarial Offices ( Gong Zheng Chu ) which are located in all large Chinese cities and in rural county seats. Individuals living outside of China may obtain notarial certificates from the notarial office with jurisdiction over the county of previous residence. Chinese relatives or friends may request issuance of certificates on behalf of someone now living abroad. Relatives and friends should have specific written authorization from the interested party before they request certificates. Alternatively, persons in need of notarial documents may contact the PRC Embassy or Consulate nearest to their residence and ask that the request be forwarded to the appropriate notarial office. Obtaining a notarial certificates through a PRC Embassy of Consulate can require considerable time, however.
A.2.5.2
It is a statement . Just says: "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.
------------------------------------------------------------------------------------------------------------------
(Edited 30 January 2005)
Q.2.6 Police Certificate?
A.2.6.1
There is only one police department where she is registered as a resident
(Hukou) that will provide a report. Make sure it says that it applies to all of
China.
A.2.6.2
The one
we got in Shanghai says XXXX born on xx-xx-xxxx (date), now residing at
xxxxxxxx had no record of criminal sanctions during her residence in CHINA up to (the date of) xx-xx-2005.
I also believe you will find some old threads on this subject and GENERALLY GUZ accepts it for the whole country. (Someone previously was trying to get P.C.'s for multiple places in China BUT I BELIEVE that their hukou checks the reference base for the entire nation.
A.2.6.3
My fiancée went to the Chinese government notary public in Nanning
yesterday and talked to them about this because somehow the government notary
public is involved in obtaining the police certificates. They of course told
her she has to go back to her hometown where she has her "hukou". And
they told her she can only have one police certificate, not three. But they
told her that the one police certificate will have reference to all three
places she has lived.
A.2.6.4
Hukou?
It is the location where a person's ID card officially has them registered.
Further, it provides a whole host of legal benefits and privileges.
For example, if your hukou is in the city where my precious is, then you can
use the hospital there, free of charge. However, if you happen to live in one
of the many villages surrounding the city (although only 5,000,000 ppl live in
the city and of these only about 3,000,000 have a registered hukou there and
about 10,000,000 live in the greater area) then you have to pay to use the
hospital.
Additionally, in the city that she lives in, if her hukou is registered in the
city, it acts like renter's protection. No one can legally charge her rent on
the place that she lives in , nor can the owner of the house, even if it has
changed since her hukou was added to the house, force the occupant to move out
from her house.
A.2.6.5
My
understanding is that everyone in china is given a hukou, in the home that they
were born in. It can be easy in some cases to change one's hukou, and tough in
others. In my darling's city, to get a hukou in the city, you need to have the
owner of the house, and everyone who currently has a hukou registered in the
house agree to add your name. That is how she did it, her grand mom, 6 months
before passing away (**SIGH**) added her name with her own, since she agreed to
care for her grandmother and others were too busy to help the grandmother. That
has helped her to be able to legally work in any profession in the city and get
much better access to medical services. This is a relatively tough city, as
many people can just rent, and never actually get the benefits of living in the
city. In some cities, particularly Beijing and Shanghai, it is even more
difficult to get a hukou transferred, and often times will include either a
large amount of money, or of owning a property and living in it full time for a
sustained period of time.
A.2.6.6
The
process starts at the city the houkou ( household register) is. ( Not where SO
currently lives, unless that is where houkou/household is registered) With the household
register in hand, a handwritten statement of her birth record and 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)
These documents were taken, along with the household register to the notarial
office in the larger city. The notarial official reviewed the documents and
provided some text for single certificate. It was basically a statement that
Ying swore she was never married and bears all responsibility for false
statement. This was typed up and signed in front of the notary.
It all went very smoothly at the notary, about 2 hours work, and we were able
to pickup the documents 2 days later. We did learn from a previous
investigative visit that this notary office requires a color photo for the
birth certificate, so were prepared for that. We did remind the notary the
English translation required a statement of competence, good thing we did as
this jarred the memory " Oh yes, this is for America, they are only ones
that require this "
We got 3 complete sets of documents/translations for 1100 RMB.
A.2.6.7
Foreign resident of China:
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.
A.2.6.8
“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.
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
A.2.6.9
More info:
How to get Passport/Birth,Single,Police Cert
http://candleforlove.com/forums/index.php?showtopic=19349
--------------------------------------------------------------------------------------------------------------
(Edited 1 February 2005)
Q.2.7 Police Certificate from other countries?
A.2.7.1
USA?
A U.S. police certificate is not required for any visa classification – GUZSpeaks (July 2006)
A.2.7.2
USA?
In the instructions in my packet, they say specifically that there is no requirement for any from U. S. cities, I guess that is because of the NCIC check they do
A.2.7.2
Other countries? Start looking here:
http://www.kamya.com/misc/polcert.html
------------------------------------------------------------------------------------------------------------------
(Edited 18 June 2005)
Q.2.8 I have read that the following apply for the valid
length of time for documents, is this correct?
UNLIMITED: Notarial birth certificates, marriage certificates and divorce certificates.
ONE YEAR: Medical reports, notarial single certificates and police certificates.
A.2.8.1
The single cert, police cert, I-134, intent to marry should not be older than 6 months since it was issued. GZ likes 'em fresh. To be safe, you might want to wait do them within two months of the interview…
--------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.2.9 Miscellaneous form questions.
These questions are on her P3 form:
Do
you need to work in the United States?
In what occupation do you intend to work in the United States?
I think she should answer yes, and list Licensed Massage Therapist.
Her English teacher who is helping her read the form and fill it out thinks an
answer of no would be good.
Any one have any thoughts or experience on this?
A.2.9.1
that's one of those questions that has no wrong answer. The form is used for
multiple types of visa and it does matter for work types and student types. For
fiancee and spouse visas, any answer is a good one. I would follow the good
advice so far and put down an 'honest' answer. If the VO should ask about it,
she will know the answer even though it doesn't matter what that is.
-------------------------------------------------------------------------------------------------------------------
===================================================================
===================================================================
===================================================================
Section three: P3 questions related to petitioner’s documents to collect
Q.3.1What all does the USC petitioner need to provide to the Chinese beneficiary for the interview?
Q.3.2Do I need to notarize every page of my passport?
Q.3.3Do I need to fill out the I-134 for the P3?
Q.3.4What information can you give me about the I-134?
Q.3.5Where can I get tax transcripts?
Q.3.6What if I filed e-returns, can I use them?
Q.3.7What if I have been living in China and do not have one - three years of taxes to show?
Q.3.10 Employment Letter?
------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.3.1 What all does the USC petitioner need to provide to the Chinese beneficiary for the interview?
A.3.1.1
1. At least a copy of your passport, although a notarized one is recommended (in case of overcome)
2. I-134, signature and notary section at bottom; sign in front of notary.
3. Tax returns or tax transcripts (1 year, although many bring 3 years)
4. Bank statement
5. Employment letter
Best if all of these documents are not older than six months. You can wait till close to P4 if you want.
A.3.1.2
Get 3 notarized copies of the I-134, and bank statement, and employment letter. Or make copies of them prior to being notarized. Then you can get more recent notarizations if needed, although that does not change any date that might be reflected on the form.
A.3.1.3
A. Statement
from an officer of the bank or other financial
institution where you have deposits, giving the
following details regarding your account:
1. Date account opened;
2. Total amount deposited for the past year;
3. Present balance.
B. Statement of your employer on business stationery,
showing:
1. Date and nature of employment;
2. Salary paid;
3. Whether the position is temporary or permanent.
C. If self-employed:
1. Copy of last 3 years income tax return filed; or
2. Report of commercial rating concern.
D. Employees
need one year of tax returns
E. List containing serial numbers and denominations of
bonds and name of record owner(s).
[Editor: Although the GUZ forms mention needing a notarized tax return, members have reported the VO accepting a copy of it. Also, technically, the I-134 is not required. It is only required to prove to the VO that the beneficiary will not become a public charge. But best practice is to bring this with complete taxes and employer letter. ]
------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
Q.3.2 Do I need to notarize every page of my passport?
A.3.2.1
You can state something like: “This is a true certified copy of the passport belonging to First Last Name.” And then get a copy of your passport above this statement. Then take it to a notary.
A.3.2.2
The
first thing I did was march into the Citizen Services section to ask why a
notarized copy of my passport was required when they had the ACTUAL passport
available for inspection.
The gentleman was kind enough to make a notarized color copy of my passport,
gratis! There ARE nice people at the consulate after all. The notarized copy
of my passport was similar to the notarized translation of our marriage
certificate; all pages copied, then bound together, and the notarial script was
put on the cover.
So long story short; you should not have to get each individual page notarized
if the copied pages are bound by the notary, with the outside cover being
notarized regarding the contents within. All my multi-page docs that were
notarized were done in China. I can see how a notary in the USA would try to pad the fees by telling you that each page must be done individually.
A.3.2.3
I supplied the main page with my photo and info numbers etc and the Chinese visa page when I did the 129.. Here’s what I did. Went to my computer and typed in word:
//This is a true copy of passport number xxxxx belonging to Mr. xxx-xx certified on // Date line //by line. I moved that down on the page to about a quarter of the way from the bottom and printed it out..; Now you have a blank page with that statement on it. Now turn on your color scanner and scan the passport thru to your printer (make sure you put the blank page with the statement on it in the printer so it prints the passport on that side with the statement and you are ready to go. Take to the notary and show them your passport and have them certify if you do the copying should save you a heck of a lot.. But why pay at all go to your bank a you are a customer they should notarize for free
A.3.2.4
I
certified my passport differently than what others. I did it the expensive way.
I had all pages of my passport copied by the notary, including the blank pages.
I had the blank pages copied because the notary writes:
I herby ____Notary_name___ certify that ___Me____ presented before me an
original passport on ___Date___. Attached is a true, accurate, and complete
copy of the original with a notary seal.
Then he stamped and sealed each page. He and I only signed the top sheet. He
also put a copy of my driver's license on the first page.
Technically the notary can't certify the copy if you make the copy of the
passport. He can make a jurat for you which states you certify the copy and the
notary certifies your signature. You may be able to find a notary who will
still certify the copy you made yourself.
A.3.2.5
I
made copies of the title page and my visa to China. At the top I put the title "TRUE
COPY OF PASSPORT AND VISA FOR "MY NAME""
On the last page I inserted the statement "I CERTIFY THAT THIS IS A TRUE
COPY OF THE PASSPORT AND VISA BELONGING TO "MY NAME." SWORN BEFORE ME
ON ________________."
___________________________ NOTARY PUBLIC
A.3.2.6
I
will say that this is not a requirement, but a safeguard. I have recently come
in possession of copies of the denial and overcome evidence forms.. and it
clearly states what the VO can ask for in the case of a denial:
"Provide a notarized copy of the petitioner's passport pages clearly
showing Chinese visa and entry/exist stamps. Copy the entire passport, even if
some pages are blank. Properly notarize each page as seen and compared to
original copy by notary. All entry and exist stamps must be legible."
A.3.2.7
[Editor: The above examples are for what to do IF you want to provide a notarized copy of the passport. There are others who did not do this (and some who would argue it does not need to be notarized)… they supplied only a copy of the petitioner’s passport for the actual interview. ]
------------------------------------------------------------------------------------------------------------------
(Edited 18 June 2005)
Q.3.3 Do I need to fill out the I-134 for the
P3?
A.3.3.1
The I-134 Affidavit is filled out by the US Citizen when used for K1 visa applications. The US Citizen should send the completed I-134 Affidavit to the fiancée for use in the interview in Guangzhou.
A.3.3.2
The Affidavit of Support (I-134) will need to be completed and brought to the
interview with her. Also note: from what the DOS told me, do not complete the
I-134 (and supporting documents) until she receives her P4 invitation for
interview.
A.3.3.3
[Editor: It is not required to be sent to the Visa Service Center as part of the K-1 application. If you prepare the I-134 too early in the process, then it may be too old to use for the interview and you will have to prepare another one. Most prepare this with a date of not older than six months from interview date. Some wait till closer to the P4.
Some have recently suggested that if the I-134 is submitted with the I-129F that is ‘proves’ the ability to meet the financial requirements prior to the interview, and possibly the VO does not ask to see this proof again. It is always safest to have a recent one available in case the VO wants to see one.
------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
Q.3.4 What information can you give me about the I-134?
A.3.4.1
A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.
If using a co-sponsor, all the same requirements exist. Proof of U.S. citizenship or lawful permanent resident (LPR) status . Your co-sponsor fills out an I-134, provides a letter of employment (stating his/her salary and term of employment), and a notarized copy of his/her tax form.
A.3.4.2
The US fiancée is ALWAYS the primary sponsor, but may have a co-sponsor. If there is a co-sponsor, both the US fiancée and the co-sponsor will EACH have to fill out the affidavit I-134 or I-864 and EACH will have to provide supporting documentation.
A.3.4.3
The 125 percent minimum income requirement, the need for the last three years income tax returns and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.
A.3.4.4
You will receive an information sheet about financial support (OF-167). The US Citizen NEEDS TO KNOW if the Consulate requires any special documentation with the I-134 (i.e. 3 years of income tax returns instead of just one).
A.3.4.5
If there are K2 children involved, a separate I-134 affidavit is not required for them, as the K2 children are listed on the I-134 along with the foreign fiancée.
A.3.4.6
It
never ceases to amaze me how much hair-pulling and stress occurs about the
I-134. For crying out loud, after the petition is filed, it's the only thing
the US Citizen needs to submit! Don't make it hard!
The I-134 requirement is to 'prove' 125% of the poverty guidelines. Nothing
more, nothing less. It is a litmus test - you pass or fail. There are no extra
points.
If wages meet the minimum, you're good to go. Nothing more in needed.
If wages don't meet the minimum, you can add assets into the mix. If wages and
assets don't meet the minimum, you need a joint sponsor (there's no such thing
as a co-sponsor).
If you use a joint sponsor, your's doesn't mean anything. It can have zero
income/assets. You have to file one since you are the petitioner, but if you don't
meet the minimum, the joint sponsor needs to be able to pick up the full tab -
not the difference.
My I-134 consisted of the form, a letter from my employer, W-2 copy and IRS
transcripts. Nothing from the bank. Nothing about my real property. Nothing
about investments.
I always try to follow the KISS Principle - Keep It Simple Stupid! I've always
been amazed at how well it works.
A.3.4.6
[Editor: There seems to be no agreement on the need for a I-134
for children. Many followed the instructions ("A separate affidavit must
be submitted for each person. ") and many report getting through the
process without a separate one for a child.]
------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
Q.3.5 Where can I get tax transcripts?
A.3.5.1
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
------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
Q.3.6 What if I filed e-returns, can I use them?
A.3.6.1
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.
------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
Q. 3.7 What if I have been living in China and do not have one - three years of taxes to show?
A.3.7.1
I was in the same
situation, this is the letter I wrote:
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 $7,950. 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.
A.3.7.2
To
whom it may concern:
This letter is an inclusion with the I-134 affidavit of support form regarding
the K3 nonimmigrant visa case of LXX JXX, case number GUZXXXXXXXXXX. The
purpose of this letter is to give an explanation as to why no supporting
financial documents are included.
For the last two years, I have been an independent student and part time
volunteer teacher in China and the United States. Because of this, I have not
made sufficient income required to file United States federal income tax, as
published on page 12, chart A of the 1040 IRS instruction booklet. The reasons
for my temporary stays in China were to build and sustain a loving relationship
with my wife and her family and to be with her while waiting through the
prolonged visa application process.
To supplement the financial stipulations on the case, my mother, SXXXXX LXX
JXXXXXXXX, has filed an additional I-134 affidavit of support, which fully
meets the requirements.
Sincerely,
JXXXXXXXX EXXXXX JXXXXXXXX
A.3.7.3
I worked in China for all three tax years and hadn't filed while I was there, someone told me that it is better to file so I did this all at once. For each year as well as a 1040 I filled out a 2555-EZ Foreign Earned Income Exclusion form. I still had to write a letter explaining why there were no W2s. I simply wrote that for the three tax years I was working in China and was qualified to take the Foreign Earned Income tax exemption. As I was working for a foreign company I am unable to provide W2s
------------------------------------------------------------------------------------------------------------------
(Edited 3 Aug 2006)
Q.3.8 I submitted an “Intent to Marry” with the application to the visa center, do I need another one for GUZ?
A.3.8.1
Not needed.
------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
A.3.9.1
Ask
[bank] for an Immigration Sponsorship Letter. It takes a few days and there is
a fee for it. They will address it to the Guangzhou Consulate.
A.3.9.2
I had the same thing happen and the banker said they never had trouble with people getting a visa without 12 month totals. I explained that it was for Immigrant VISA not a credit card. She said "oh...Ok, I will do it then, sorry for the misunderstanding."
A.3.9.3
I have successfully completed the K1 process and did so without a letter from my bank. I provided proof of income and that is all. Same is true for the I-864 for AOS, no bank letter was provided.
A.3.9.4
The point of the previous research was that the BCIS sites state that the I-134
is not a binding document, and not generally used in the immigration process.
HOWEVER, the VO can ask for it at his discretion to ensure that the applicant
will be able to stand up to the I-864 after arrival in the USA. They are using it to cover their butts so that they don't give someone the visa, send them to
the states only to find out that they can't be supported and would have to come
back.
If you can show that you are 20% above poverty, you're done. That’s it. I
didn’t show any banking records. Just 3 years worth of back taxes.
A.3.9.5
The
issue of bank deposits has come up before, and I seem to recall that providing
12 months' worth is not required if you are relying on income as the basis for
the I-134. The I-134 instructions are a bit misleading, but you are only
required to provide documentation as appropriate. Income is documented through
the employment letter or income tax returns. Bank deposits are generally used
when you are relying on assets to meet the 125% of poverty requirements.
------------------------------------------------------------------------------------------------------------------
(Edited 27 June 2005)
A.3.10.1
"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.
=====================================================================
=====================================================================
=====================================================================
Section Four: Questions related to CR1
-------------------------------------------------------------------------------------------------------------------
Q.4.1Documents?
Q.4.2How do you determine household size?
Q.4.3I-864?
Q.4.4 Automated message for my case at NVC?
Q.4.5Also the IV bill I just received is for the CR-1/CR-2 , $760 for my wife and her daughter!
Q.4.6What fees can be expected through the process?
-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.4.1 Documents?
A.4.1.1
DS-3032 (Agent of choice)
Have her write you down as her agent. Have her sign the letter in her native "Chinese" signature and mail it directly to NVC. It will only take a few days to arrive. Shortly after you get the bills for the I-864 and DS-230. The DS-230 is $335.
A.4.1.2
I-864 (Affadavit of Support) -- for CR-1
You are going to need to sign page 6 of the I-864 in front of a public notary before you mail it in. After the DS3032 and I-864 is the DS230. Affidavit of Support(1-864) processing Fee Bill for $65.00
A.4.1.3
Packet 3 will usually consist of the following:
DS-2001 (or OF-169 or UK/85) -- This is the main set of instructions. It is
also a checklist of items required for the interview.
OF-167 -- information sheet about financial responsibility.
DS-230 (or OF-230 Part 1) -- biographical data sheet.
DS-156 -- Nonimmigrant visa application form
You may or may not, at this time, receive medical exam information, and a list
of required immunizations.
I thought the I-864 affidavit of support was included also. I know it's coming
next, along with the 230.
A.4.1.4
DS2000 is formerly known as OF 167. DS2000 is an information sheet - Evidence which may be presented to meet the public charge provisions of the law, meant to assist the US sponsor in preparing their affidavit of support.
A.4.1.5
More info:
VJ NVC Flow Chart:
http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf
-------------------------------------------------------------------------------------------------------------
(Edited 22 July 2005)
Q.4.2 How do you determine household size?
A.4.2.1
It asks for persons related by birth (meaning children), marriage, or adoption. I would not include the parents [you are living with].
A.4.2.2
For my wife and step-daughter, as directed by NVC, I put 2 on each individual I-864 form.
-------------------------------------------------------------------------------------------------------------
(Edited 29 June 2005)
Q.4.3 I-864?
A.4.3.1
Filing at NVC:
If
the I-864 went through NVC and is up to date for the current tax year
nothing else is needed. IF it is not then the new tax return W/ W-2's is
required. (Note: I did get a new I-864 w/ 2004 taxes notarized at the Shanghai
Con. and they did NOT want it- just a copy of the 2004 tax return/W-2's.)
Really do NOT consider us (CR-1 @ NVC) as doing "ADJUSTMENT of
Status" at NVC. This is a step of the K type visas AFTER arriving in the US as a NON-immigrant. AOS for K- visas (IF I am correct) is to adjust status from a
NON-immigrant to LPR status. As a CR/IR-1 you are still applying for an
IMMIGRANT visa at NVC this time.
A.4.3.2
In your last package from NVC they tell you to bring a copy [of the I-864 to the interview].
A.4.3.3
Direct Filing at Consulate (DCF):
Yeah
the I-864 came with the O-230 in the P3 packet. I won't have to pay any fees
until we go for the interview later next year (or almost this year!) which is
be about 3000 yuan or about $380 dollars.
See, that's the thing, I am not paying any fees until I go to Guangzhou for the
interview. I live in China and have to take the train to pay any fees. (it does
give one a clear conscience since you see the transactions).
I guess I'd have to give them money for the process fee... I am doing CR1
though. That's the trouble with the CR1, not too many people have done this
process, enough though.
A.4.3.4
A fair number have done I130-s, but not DCFs. There's a big difference.
[For
DCF] Save the I-864 until interview time. You will need to do one even though
you will need a co-sponsor as well.
Send back the DS-230 and OF-169 checklist. K-1s also have a supplemental to
return, but I'm not sure about DCFers. This will get GZ started and eventually
P-4 will show up.
A.4.3.5
More Info:
The
poverty guidelines.
http://uscis.gov/graphics/formsfee/forms/i-864P.htm
Affidavit of Support: I-134 & I-864
http://www.visajourney.com/forums/index.php?autocom=custom&page=support
I-864 Fact Sheet:
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm
1-864 Check List:
http://travel.state.gov/visa/immigrants/info/info_1329.html
I-864 FAQ:
http://travel.state.gov/visa/immigrants/info/info_1328.html
-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.4.4 Automated message for my case at NVC?
A.4.4.1.
“Waiting
for biographic information forms”
The
NVC is waiting for the:
DS-230 Part 1
GIV Supplemental Form 3
Biographic page(s) of your spouse's passport.
A.4.4.2.
“NVC has reviewed your packet of forms and has found information missing or incomplete”
A.4.4.3
If one sends DS-230 ahead of its "generated" time, supposedly it will not be accepted by NVC. And if one waits for that to be "generated", then one gets the message about " information missing or incomplete" message.
A.4.4.4
After the NVC received my wife's DS230 Part I and other stuff, it took two weeks until the Case was completed (message on the NVC IVR). About one week after this, next message on the IVR states the Case has been forwarded to the Consulate in Guangzhou.
-------------------------------------------------------------------------------------------------------------
(Edited 17 June 2005)
Q.4.5 Also the IV bill I just received is for the CR-1/CR-2 , $760 for my wife and her daughter!
A.4.5.1
The current fee is $380 per visa.
A.4.5.2
You will however, have to pay the visa fee for the children as well as for the mother when the time comes.
The children will need a physical, the same as the mother when the time comes.
Medical fees vary.
-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
Q.4.6 What fees can be expected throughout the process?
A.4.6.1
I-129F = $165
I-130 = $185
I-864 = $65
A.4.6.2 – Fees normally occurred by the Chinese beneficiary’s steps, given in RMB
Translating various documents: 500 - 3000 RMB
Non-immigrant visa: K1-4 visa is 830 RMB, per visa
Immigrant visa: CR-1/IR-1 = 3,154 RMB, per visa
Exam= 800 RMB; expedited service=100 RMB.
Visa pickup=20 RMB.
A.4.6.3
Beginning March 8, 2005, IV applicants who have paid the current $335 IV application fee via National Visa Center, but not the new surcharge, must pay it (RMB 373.5 or $45) at post. IV applicants who haven't paid any application fee should pay a total amount of RMB 3,154 or $380, on the day of the interview. – Guangzhou Consulate Webpage
=====================================================================
=====================================================================
=====================================================================
Section Five: Questions related to K3 vs CR1 ; K3/K4 , CR1/CR1
-------------------------------------------------------------------------------------------------------------------
Q.5.1IF my WIFES I-130 reaches GZ before the K-3/4?
Q.5.2If the I-130 arrives in Guangzhou do we have to go that route.
Do we have a choice?
Q.5.3 My fiancée has a 14 yo child. Are there any specific
hurdles or difficulties that we can expect?
Q.5.4Does the son have to sign his own OF-169?
Q.5.5I will try to get CR1 for my wife and K4 for my stepson. Is this possible?
Q.5.6Do you need to file a G-325A (Biographic Information) for your step child?
Q.5.7We can get her here on a K4, up to the age of 21..but how do we
successfully file an I-130 for her?
Q.5.8 Must the K2 child have their own passport and also attend
the interview ?
Q.5.9 A stepchild who was over 18 but under the age of 21 when
they married?
Q.5.10What is this issue about “aging out” by the children?
Q.5.11 My child did not move with me to the United States, but now he wants to move here?
Q.5.12 I have heard that GUZ gives one envelope package to the K1/K2, but my child will follow later?
-------------------------------------------------------------------------------------------------------------------
(Edited 17 June 2005)
Q.5.1 IF my WIFES I-130 reaches GZ before the K-3/4 will the WIFES I-130 cancel out the K-3 AND THE K-4 DERIVATIVE ASPECTS of the I-129F?
A.5.1.1
Yes,
the I-130 petition will cancel out the K3 unless the P3 for the NIV has been
returned to post before the I-130 arrives.
The I-130 must be filed on behalf of your stepdaughter. The CR2 has no
derivative status whereas the K4 does.
A.1.5.2
If
you, after filing for the I-130, decide to file the optional K3/I-129... the K3
will eventually go to GUZ and be schedule for an interview slot.
The K3 is only cancelled if the CR1 case gets to the post. You need to realize
that what really happens is that the CR1 simply takes the slot of the K3, it
skips ahead to that slot.. Once both are at post, they do not hold two
interview slots (although exceptions do happen and an email to GUZ to correct
that issue will do).
If the CR1 does not get to post by the time of the k3 interview, then you will
attend the K3 interview and will decide on whether to also attend the CR1
interview or adjust status in the US
A.1.5.3
In my case, I received interview date for K3 first. Knowing that my CR1 case had arrived GUZ, I requested to cancel K3. In the end, my CR1 interview was scheduled for the original K3 date to replace the K3 interview. No delay at all.
A.5.1.4
"...If the I-130 petition is at post, or the applicant has already been
interviewed and denied the IR1 by a consular officer, perhaps due to lack of
the I-864 AOS, that applicant must proceed with IR1 processing and may not
choose to apply instead for the K3. If the I-130 petition remains at or is in
transit from NVC, or the applicant has already commenced K3 application (by
returning Packet 3 forms) when the I-130 petition arrives at post, he/she may
continue to process the K3 rather than switch to IR1 processing. K3 applicants
may opt at any time to process as IR1s rather than continue the K3
application."
Bottom line is you get K-3 or immigrant visa, not both. You get one crack at
the bat, not two.
A.5.1.5
More Info:
US Visa Help
http://www.usvisahelp.com/answer%2012-1-05.html
-------------------------------------------------------------------------------------------------------------------
(Edited 29 June 2005)
Q.5.2 If the I-130 arrives in Guangzhou do we have to go that route. Do we have a choice?
A.5.2.1
If
the I-130 petition remains at or is in transit from NVC, or the applicant has
already commenced K3 application (by returning Packet 3 forms) when the I-130
petition arrives at post, he/she may continue to process the K3 rather than
switch to IR1 processing. K3 applicants may opt at any time to process as IR1s
rather than continue the K3 application.
-------------------------------------------------------------------------------------------------------------------
(Edited 29 June 2005)
Q.5.3 My fiancée has a 14 yo child. Are there any specific hurdles or difficulties that we can expect?
A.5.3.1
The
PRC and the USA are both signatures to an international treaty effective
November, 2004 that requires the non-custodial parent's permission for the
child to leave the country with the other parent. So get a notarized
document from the X.
A.5.3.2
She has a custody decree from a court giving her full custody and has a notarized statement from the childs father allowing her to take the child out of China.
A.5.3.3
you
just want to make sure that the daughter was shown on the I-129F. There is a
difference of opinion whether a G-325a should also be provided. I provided a
separate G-325a for each of two kids.
A.5.3.4
I indicated her daughter on the I-129F, and also included a copy of her birth certificate accompanied by a certified English translation. I didn't see any requirement to complete a G-325A for her, so did not fill one out with the package. They only requested photos of the petitioner and beneficiary, but I also included a photo of the daughter.
A.5.3.5
And
further along - two copies of the 134. Just had my two copies notarized today
A.5.3.6
They didn't even ask for ours [I-134]. But, I did have two just in case
A.5.3.7
When we went through the K1 process we included him on all the forms. We also included a separate G325A biographic form. As a result he received his own visa. He also has his own passport. He is 9 years old. He attended the interview at Ghongzhou, but was not asked any questions.
-------------------------------------------------------------------------------------------------------------
(Edited 17 June 2005)
Q.5.4 Does the son have to sign his own OF-169 and send
it back with the DS-230 or is the DS-230 along with the mothers OF-169 good
enough?
A.5.4.1
My wife sent back one 0F-169 for both of them and two DS-230 forms, one for her and one for her son.
A.5.4.2
K-4
is the same. An extra OF-169 and a DS-230 will be in P3 that your wife will
receive to be filled out for the K-4.
-----------------------------------------------------------------------------------------------------------------
(Edited 17 June 2005)
Q.5.5 I will try to get CR1 for my wife and K4 for my stepson. Is this possible?
A.5.5.1
CR-2 has no derivative status. An unmarried child under 21 of the CR-1
applicant must have an I-130 filed on their behalf to apply for a CR-2 but the
CR-1 applicant must show the VO proof of full custody.
The wait for interview is unknown.
A.5.5.2
What
I had when we went for the CR1/CR2 was all the notarized documents that you
sent copies of with your I-130. I also made sure we had the notarized copy of
permission from her EX-husband to bring our son. I had an updated I-864 and an
employer letter that wasn’t over 30 days old. I had my up to date Tax Return
and W-2. Plus you need all the proof of relationship Pictures, E-mails, Phone
records, a Notarized Copy of your Passport if your not going to be there for
the interview.
A word to the wise: if you plan on bringing a child to America along with the SO, please file an I-130 for them when you do your SO's. It will save you a
lot of headaches later
-------------------------------------------------------------------------------------------------------------
(Edited 17 June 2005)
Q.5.6 Do you need to file a G-325A (Biographic
Information) for your step child? Several posts saying that people have sent
them in BUT do you NEED too?
A.5.6.1
I
didn't file the G-325A with my 13 y.o. stepdaughter on the I-130 and it was
accepted and later approved.
I did file the G-325A when I mailed in her I-485. It was accepted and now
waiting for an appointment date
A.5.6.2
Just for the record- stepdaughter's I-130 approved WITHOUT pictures or G-325A's
A.5.6.3
I do remember that every form I filed for my SO I also duplicated for my stepdaughter (K1, K2).
A.5.6.4
I also completed the forms for kids (K-2).
A.5.6.5
Nowhere on the I-129F or even the I-130 does it call for the G-325A for a child. The age span I listed (14-79) came off the I-485 concerning the G-325A. The adjustment of status AOS process calls for the G-325A in that age span.
A.5.6.6
A
child under 14 doesn’t need to include the G-325 or the fingerprint fee. Other
than that the AOS filing is the same.
-------------------------------------------------------------------------------------------------------------
(Edited 17 June 2005)
Q.5.7 We can get her here on a K4, up to the age of
21..but how do we successfully file an I-130 for her?
A.5.7.1
It
is a catch-22. If your wife's child was over the age of 18 when you married you
will face difficulties.
Your wife's child is NOT your step-child for immigration purposes. Therefore,
you cannot file a I-130 on her behalf. Your wife can file a I-130 when she
becomes a permanent resident. But it would be a long-time before the child
could come to the USA.
Your wife's child can come to the USA on a K-4 Visa but the VISA is a dead-end
visa that will expire on the child's 21st birthday.
There are no provisions for changing a K-4 visa it to some other type of visa.
They are strict on this.
-------------------------------------------------------------------------------------------------------------------
(Edited 13 June 2005)
Q.5.8 Must the K2 child have their own
passport and also attend the interview ?
A.5.8.1
In
general, a separate passport is not required if the child is under 16. If the
Consulate requires the child to have a passport, it will be listed on the
OF-169 (or UK85). Many countries will permit young children to be listed on a
parents passport, but at least consider getting a passport for your young
child. You can avoid any problems dealing with INS upon entry, the young person
can travel independently (if required), and the passport provides an
identification document if you are ever separated for some reason. Besides, it
will make a cool addition to the scrapbook collection when the child is an
adult.
A.5.8.2
1.
The children must each have their own passport
2. The passport must contain a K2 visa
A.5.8.2
Generally, yes. The Consulate sets the requirements. Some do not require the child to attend if they are under 14, and some will require the child to attend even if they are not going to move to the United States with the parent, but will "follow to join" later.
A.5.8.3
If
the children did not go to GZ with mom for the interview they will need to go
later. Were they included in the P3 docs that your SO sent back to GZ? If so
the letter in the P4 would have included the children, and they should have
gone with mom at that time.
-------------------------------------------------------------------------------------------------------------------
(Edited 13 June 2005)
Q.5.9 A stepchild who was over 18 but under the age of 21 when they married?
A.5.9.1
The
K-4 qualifications are defined as the minor, unmarried child under 21 years of
age of a qualified K-3 applicant. Yet, 'stepchild' as defined under INA 101( b
)(1)( B ) is being under 18 years of age when the relationship was made. By the
K-4 being over 18, the USC cannot file the I-130 on their behalf due to this
definition and it just seems to get more complicated from there.
A.5.9.2
This is an area that is different for K-1 than K-3. K-2 the child only need be under 21 and unmarried at time of interview. As I understand it there is a formula for K4 beneficiaries that has something to do with the child’s age at the date of marriage.
A.5.9.3
21
is the age for K-2 - the unmarried child must be under age 21 when the K-2 is
issued. But, I believe that the I-485 must also be filed before the child turns
21 (with a minor exception) in order for the "derivative" status of
the K-2 to continue.
Both my step kids came over on a K-2. One was 19; the other 20 at the time they
arrived in the US. We filed their I-485's after we were married and before KK
(the 20 year old at the time) turned 21. She received her green card after she
turned 21.
The I-130 rule is a little different. You can file the I-130 for a step child ,
but you must have become the step parent before the child turned 18.
A.5.9.4
My
knowledge is limited, but here is what I think. Please remember, though, that I
am not an expert in immigration matters, and others with more knowledge may
have to correct me.
First, because you a K-3, you are actually seeking two visas at the same time.
The first is the CR-1 which is an immigrant visa that your husband petitioned
for with the I-130. After this petition was filed, your husband appears to have
filed the I-129F to petition for the K-3 visa, which is a non immigrant visa.
The K-3 visa allows you to come to the US while your CR-1 is being processed.
I assume your daughter was over age 18 when you and your husband got married.
Because of this, he could not file an I-130 for your daughter (a step child has
to be under age 18 at the time of marriage for the US citizen to be able to
petition for an immigrant visa).
Here is where it gets complicated. A K-4 visa for your daughter is available up
to age 21, assuming she is not married. Presumably, she was listed on the
I-129F petition that your husband filed. I believe but don't know for certain,
that the consulate should issue a K-4 non immigrant visa for your daughter so that
she can come to the US with you when you get your K-3 visa.
Once you and your daughter arrive in the US on your K visas, you have some
choices to make. For you, you must decide if you will adjust your status from a
non immigrant to an immigrant. This is done by filing the I-485 while you are
here in the US. After this application is approved, you then become a legal
permanent resident. In the alternative, you can wait for the I-130 to finish
processing and then return to China for the interview and presumably the
issuance of the CR-1 immigrant visa. When you return to the US with the CR-1, you will enter the US as a legal permanent resident.
Your daughter is a different matter. One of the requirements for adjusting your
status in the US from K-3 to legal permanent resident is that you have filed
the I-130. Your husband was able to do this for you, but he could not do this
for your daughter. However, once you become a legal permanent resident, you can
file the I-130 for your daughter. Assuming your daughter is still unmarried and
under age 21, I believe, but do not know for certain, that she can then file
the I-485 to adjust her status from K-4 to legal permanent resident. Some
people disagree with this and say that once you become a legal permanent resident,
your daughter's K-4 status stops (she can be K-4 only as long as you are K-3)
and cannot file to adjust status to a legal permanent resident.
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(Edited 13 June 2005)
Q.5.10 What is this issue about “aging out” by the children?
A.5.10.1
Now for the problem. The son just turned 21. Why was he allowed a k2 visa from GZ just before he turned 21 I don’t know. But when they tried to file for AOS the lawyer told them "he is to old" meaning he is older than 18 or 21 not sure. But GZ just sent him off to the USA and now the lawyer is saying his K2 will expire soon (the standard 90 days) and despite the marriage etc. he must return to China and either: wait for the mother to finish the AOS and then apply for his entry or reapply for a different visa category (student/work/?)
A.5.10.2
It seems to me that since he was under 21 at the time of his mother's marriage that she and he could file for AOS, then he could stay in America on the basis of this. I think the lawyer is wrong about him having to leave.
A.5.10.3
She
was still 20 when we filed for AOS. Given Atlanta's track record, she'll be
about 30 when she finally gets adjusted, but I believe as long as the paperwork
is filed before turning 21, a K-2er should be okay.
I do want to add an edit. If the AOS was filed after the child turned 21, this
may be a problem. I can't tell from the post if this was the case, but, if so,
the child might have "aged out" and may not be eligible for an
adjustment of status based on his K-2 status. This is one of those murky areas.
A.5.10.4
The Service will now use the date of the filing of a Form I-130, Petition for Alien Relative, to determine the age of a beneficiary adjusting as the child of a United States citizen (USC). For example, if a Form I-130 is filed for the child of a USC when the child is 20, that child will remain eligible for adjustment as an IR-2 or as an IR-7, even if the adjustment does not occur until after the child turns 21, provided the child remains unmarried.
A.5.10.5
if a lawful permanent resident (LPR) files a Form I-130 for her 16-year old daughter and then naturalizes when the daughter is 20, that daughter will remain eligible for adjustment as an IR-2 or as an IR-7, even if the adjustment does not occur until after she turns 21.
A.5.10.6
if a USC files a Form I-130 for his 18-year old married son and that son subsequently obtains a divorce prior to turning 21, that son will be classifiable as an IR-2 or as an IR-7, even if the adjustment does not occur until after he turns 21.
A.5.10.7
For example, if a Form I-130 was filed in 1998 when the child was 20, the priority date became available today, and the Form
I-130 was not adjudicated until today, the beneficiary’s “age” when determining preference category would be 20 (the beneficiary is 24 today, but the petition was pending for the 4 years), provided the “child” applies for an immigrant visa or for adjustment of status within one year of the priority date becoming available. If, however, this same Form I-130 had been adjudicated in 2000, the beneficiary’s “age” when determining preference category would be 22 (the beneficiary is 24 today, but the petition was pending for only 2 years).
A.5.10.8
Example 1:
For August 2002, the priority date for unmarried sons and daughters of LPRs is December 8, 1993 and the priority date for unmarried sons and daughters of USCs is July 1, 1996. Thus, if a LPR files a Form I-130 for his 24-year old, unmarried French son and then naturalizes, the son™s immigrant category would automatically transfer from the second preference to the first preference. This would be to the advantage of the beneficiary and he would most likely not prevent such automatic conversion.
Example 2:
For August 2002, the priority date for Filipino unmarried sons and daughters of LPRs is December 8, 1993, but the priority date for Filipino unmarried sons and daughters of USCs is November 1, 1989. Thus, if a LPR files a Form I-130 for his 24-year old, unmarried Filipino son and then naturalizes, the son would most likely request that the automatic conversion to the first preference category not occur because a visa would become available to him sooner if he remained in the second preference category than if he converted to the first preference category. In this case, the son would continue to be considered a second preference immigrant.
A.5.10.9
CSPA in regards to Step-children:
"Under INA Section 101, a step-child can only be considered a "child" for immigration purposes if the relationship was formed before the child reached the age of 18. Therefore, when the step relationship is formed after the age of 18, the U.S. step-parent may not be able to sponsor the step-child although he or she could still accompany the natural K-3 parent on a K-4 visa. A child caught in such a gap would presumably be sponsored by the natural parent when he or she becomes a permanent resident."
A.5.10.10
More info:
CFL:
K-1; K-2 her son turns 18!, NVC hell pushes son into adulthood
http://candleforlove.com/forums/index.php?showtopic=13150
CR-2 Confusion, Help Please!!
http://candleforlove.com/forums/index.php?showtopic=11771&hl=
Non-CFL:
How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?
http://uscis.gov/graphics/howdoi/agingout.htm
The Child Status Protection Act:
http://uscis.gov/graphics/lawsregs/handbook/CSPA092002_pub.pdf
DOS Cable on CSPA:
http://www.shusterman.com/cspa-dos103.html
An Analysis Of The Child Status Protection Act - Updated
http://www.ilw.com/lawyers/articles/2002,1009-mehta.shtm
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(Edited 29 June 2005)
Q.5.11 My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K4 visa?
A.5.11.1
There is nothing in the information thus far provided by INS or the State Department regarding this. It seems logical that a young person may apply for the K4 visa up till one year after the K3 is admitted to the US, same as the K1/K2. However, logic may not prevail in the face of real life. Once the K3 has adjusted to Permanent Resident, they no longer have K3 status, and since the K4 is a "derivative beneficiary" of the K3, the young person would no longer be eligible for a K4 visa. Since AOS can happen very quickly at some local offices, one should assume at this time that no opportunity will be available to apply for a K4 visa after the issuance of the K3. Those K3 folks with potentially eligible children "remaining behind" may want to carefully consider the timing of their AOS application.
A.5.11.2
More Info:
http://uscis.gov/graphics/howdoi/child.htm
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(Edited 30 June 2005)
Q.5.12 I have heard that GUZ gives one envelope package to the beneficiary, but my child will follow later?
A.5.12.1
My
fiancée and her son both received visas in their passports the day after the interview.
They received one brown envelope to take with them to the POE. The envelope is
marked K1 & K2.
A.5.12.2
If all visa papers place in 1 package, then K1 and K2 will have to enter together. You may tell consulate that k2 will enter after k1 at a later date, then GZ will place them to 2 packages, but your fiancée will have to sign on a sheet that GZ ask her. k1 and k2 both are allowed to enter within 6 months.
A.5.12.3
I just returned from the consulate. The problem was easily solved by requesting that the manila envelope be split into separate packages. We will return today at 4:00 to pick up two envelopes.
It meant going to the citizen's window on the 2nd floor and getting the nice lady there to call the guards and tell them to direct me to the visa interview area. I spoke with one of the interviewers, and explained the situation. They took the envelope and told me to have my wife pick up the two envelopes the next day. The only bump in the road was the guy at the window where she picked up the two envelopes. He had her sign a statement that the daughter would follow in four months.
A.5.12.4
The
FAM is fairly specific about the time limits: 9FAM; 04941081 :
"...the cutoff date for issuance of a K-2 visa is one year from the date
of the issuance of the K-1 visa to the principal alien. After one year, and
provided that the alien qualifies, the filing of an immediate relative or
second preference petition would be required
A.5.12.5
More Info:
K1/K2 Brown Envelope
http://candleforlove.com/forums/index.php?showtopic=12786
EOF