U.S. Immigration for Chinese Loved Ones: My ACH Experience on Friday - U.S. Immigration for Chinese Loved Ones

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My ACH Experience on Friday

#1 User is offline   Stephen 

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Posted 30 April 2006 - 07:20 PM

Thursday: We arrived at the guz airport about 1:00 pm. It is a large airport but surprisingly was not very crowded when we arrived. I wanted to take a taxis but my SO said the bus was better. We took bus line #6 it is about a 50 minute ride to the end of the line. It makes 1 stop about 15 minutes from the end. We were met at the station, which is actually a hotel parking lot, by Mr. Xie. He took us to his apartment, about a 5 minute taxis ride. Angela and Mr. Xie are very friendly and helpful. There were 3 other ladies staying there and all had just been through the interview. Two had passed and one had not. I interviewed them about what the VO had asked. It seemed to be the standard questions… Where does he work… How did you meet… How many times has he been to China… The one that did not pass said they didn’t even look at her evidence… they said they did not think they had a valid relationship and were sending her case back to the US. She was very sad and crying. Angela said that about 70% of the cases that week had been denied and 50% of them were being sent back to US. Not a good week.

Friday: I arrived at the ACH about 1:45 there were about 50 people already sitting in the interview room. There were 6 guys sitting there with blue slips in hand. I went and talked with each one. Four of the slips said they did not prove a valid relationship and the case was being sent back to the US. I felt their anger and pain. They all said that the VO had not even looked at the evidence. It seemed as if the decision had already been made. I asked all the people about their income, Yes I know a touchy subject, but I explained that I was pursuing a theory. In all I asked over 14 people this question. It is my opinion that income levels have a lot to do with who gets the blue slip. In my non scientific survey people with income levels below 40,000 ALL got blue slips and those above ALL were approved. Interesting if nothing else.

At about 2:10 a window opened and in typical China fashion everyone raced to it and formed a line. The Chinese lady behind the window handed out a form and a number. We were told to fill out the form and have a seat. At precisely 2:30 three more windows opened. They started calling out the numbers but in a random order. I waited about 35 minutes and finally my number was called. I had got the VO that some have called the “biker dude” he smiled and was very friendly. I told him that I have not gotten this far yet in the process and that I was here to , hopefully, avoid the blue slip. I wanted to better understand this horrible process. I said that it seemed that cases were decided in the back room and that I had talked with many people in the last few days who had said that they didn’t even look at the evidence. He assured me that they only get the case minutes before the person is called to the window and they do look at the evidence. Then he said something that backs up my opinion about income. He said “ if a person has limited income it raises a red flag… “They can make 30 or 40 thousand dollars for bringing someone to the US”. He said “ you would be amazed at how many cases of fraud that there are in China” I disagreed and said that I felt most cases were legit. He said that he had worked in the fraud department and that there were many cases of fraud. I told him that I belonged to a internet group CFL he said that he was familiar with it. I said that we had seen a brief decrease in the processing times but that recently it seemed to have hit a bottleneck again. He said that they were working Saturdays and trying to process the cases as fast as possible. I asked if there were any plans to increase the staff at Guz. He said there were no plans to increase the staff and that the process was “as fast as it was going to be”. I asked Paula’s question about changing status on entry into US when the marriage has been over 2 years. He said that status could not be changed automatically … that a “filling to change status” would be necessary. As I said before he was friendly and made every effort to answer my questions. I don’t think that “finances” is the only factor in case decision … However I believe that those with income levels below 40,000 have a harder row to hoe…. And evidence of a “family relationship” needs to be very strong.

Of the 6 guys that were there with blue slips in hand…. Not one was “overcome” at that meeting.

#2 User is offline   cdrobin66 

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Posted 30 April 2006 - 09:25 PM

Stephen, on Apr 30 2006, 07:20 PM, said:

Thursday:  We arrived at the guz airport about 1:00 pm. It is a large airport but surprisingly was not very crowded when we arrived. I wanted to take a taxis but my SO said the bus was better. We took bus line #6 it is about a 50 minute ride to the end of the line. It makes 1 stop about 15 minutes from the end. We were met at the station, which is actually a hotel parking lot, by Mr. Xie. He took us to his apartment, about a 5 minute taxis ride. Angela and Mr. Xie are very friendly and helpful. There were 3 other ladies staying there and all had just been through the interview. Two had passed and one had not. I interviewed them about what the VO had asked. It seemed to be the standard questions… Where does he work… How did you meet… How many times has he been to China… The one that did not pass said they didn’t even look at her evidence… they said they did not think they had a valid relationship and were sending her case back to the US. She was very sad and crying. Angela said that about 70% of the cases that week had been denied and 50% of them were being sent back to US. Not a good week.

Friday:  I arrived at the ACH about 1:45 there were about 50 people already sitting in the interview room. There were 6 guys sitting there with blue slips in hand. I went and talked with each one. Four of the slips said they did not prove a valid relationship and the case was being sent back to the US. I felt their anger and pain. They all said that the VO had not even looked at the evidence. It seemed as if the decision had already been made. I asked all the people about their income, Yes I know a touchy subject, but I explained that I was pursuing a theory.  In all I asked over 14 people this question. It is my opinion that income levels have a lot to do with who gets the blue slip. In my non scientific survey people with income levels below 40,000 ALL got blue slips and those above ALL were approved. Interesting if nothing else.

            At about 2:10 a window opened and in typical China fashion everyone raced to it and formed a line. The Chinese lady behind the window handed out a form and a number. We were told to fill out the form and have a seat. At precisely 2:30 three more windows opened. They started calling out the numbers but in a random order. I waited about 35 minutes and finally my number was called. I had got the VO that some have called the “biker dude” he smiled and was very friendly. I told him that I have not gotten this far yet in the process and that I was here to , hopefully, avoid the blue slip. I wanted to better understand this horrible process. I said that it seemed that cases were decided in the back room and that I had talked with many people in the last few days who had said that they didn’t even look at the evidence. He assured me that they only get the case minutes before the person is called to the window and they do look at the evidence. Then he said something that backs up my opinion about income. He said “ if a person has limited income it raises a red flag… “They can make 30 or 40 thousand dollars for bringing someone to the US”.  He said “ you would be amazed at how many cases of fraud that there are in China” I disagreed and said that I felt most cases were legit. He said that he had worked in the fraud department and that there were many cases of fraud.  I told him that I belonged to a internet group CFL he said that he was familiar with it. I said that we had seen a brief decrease in the processing times but that recently it seemed to have hit a bottleneck again. He said that they were working Saturdays and trying to process the cases as fast as possible. I asked if there were any plans to increase the staff at Guz. He said there were no plans to increase the staff and that the process was “as fast as it was going to be”. I asked Paula’s question about changing status on entry into US when the marriage has been over 2 years. He said that status could not be changed automatically … that a “filling to change status” would be necessary. As I said before he was friendly and made every effort to answer my questions. I don’t think that “finances” is the only factor in case decision … However I believe that those with income levels below 40,000 have a harder row to hoe…. And evidence of a “family relationship” needs to be very strong.

  Of the 6 guys that were there with blue slips in hand…. Not one was “overcome” at that meeting.
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To determine someones life in just a few minutes is not a good sign. From what I have been reading, you can have all the evidence and have a real deal relationship and still get denied. Hell, I make way more then $40,000 and still dont feel to comfortable going to this interview with my SO.

Carl

#3 User is offline   cdrobin66 

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Posted 30 April 2006 - 09:27 PM

I have questions, do you think having child envolved makes them look at it a little closer or affects the outcome. (K1/K2)

Carl

#4 User is offline   Stephen 

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Posted 30 April 2006 - 10:03 PM

cdrobin66, on Apr 30 2006, 09:27 PM, said:

I have questions, do you think having child envolved makes them look at it a little closer or affects the outcome. (K1/K2)

Carl
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Yes... one of the ladies said she was told she was denied then she showed them the passport of her US citizen daughter. The VO said ok you are approved...

#5 User is offline   jim_julian 

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Post icon  Posted 01 May 2006 - 01:46 AM

Stephen, thank you very much for taking the time to write this up. All insights are helpful as we try to understand this situation that has so much impact on our lives.

#6 User is offline   cdrobin66 

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Posted 01 May 2006 - 06:11 AM

Stephen, on Apr 30 2006, 10:03 PM, said:

cdrobin66, on Apr 30 2006, 09:27 PM, said:

I have questions, do you think having child envolved makes them look at it a little closer or affects the outcome. (K1/K2)

Carl
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Yes... one of the ladies said she was told she was denied then she showed them the passport of her US citizen daughter. The VO said ok you are approved...
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Well I have a 2.5 year old son and she has a 12 year old daugter(K2). Do you think her daughter will help the situation?

Carl

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Posted 01 May 2006 - 10:16 AM

cdrobin66, on May 1 2006, 06:11 AM, said:

Stephen, on Apr 30 2006, 10:03 PM, said:

cdrobin66, on Apr 30 2006, 09:27 PM, said:

I have questions, do you think having child envolved makes them look at it a little closer or affects the outcome. (K1/K2)

Carl
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Yes... one of the ladies said she was told she was denied then she showed them the passport of her US citizen daughter. The VO said ok you are approved...
View Post

Well I have a 2.5 year old son and she has a 12 year old daugter(K2). Do you think her daughter will help the situation?

Carl
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Stephen,

Thanks for sharing your story and observations. Wishing you the best of luck....



Cdrobbin...

I know your interview is coming at the end of the month, but do take heart if you've covered the bases. The most common two areas where children might present a problem:

a. non-custodial parent is unavailable and / or refuses to provide permission.

b. petitioner does NOT meet minimum poverty income requirements (which are quite forgiving).

Also, there can be a great deal of speculation out there regarding why one couple gets denied and another passed, but that is all that it is, speculation. Do your homework, know the law, know your rights. As long as the petitioner's income meets or exceeds the minimun income requirement, they will be passed on that criteria.

Getting passed is not about black magic, nor bells and whistles, though there are a few reports of unfair treatment. Follow the guidelines, and if your partner does not speak English, take steps to show a bona fide relationship using a video or other means.

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Posted 01 May 2006 - 10:19 AM

cdrobin66, on May 1 2006, 04:11 AM, said:

Stephen, on Apr 30 2006, 10:03 PM, said:

cdrobin66, on Apr 30 2006, 09:27 PM, said:

I have questions, do you think having child envolved makes them look at it a little closer or affects the outcome. (K1/K2)

Carl
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Yes... one of the ladies said she was told she was denied then she showed them the passport of her US citizen daughter. The VO said ok you are approved...
View Post

Well I have a 2.5 year old son and she has a 12 year old daugter(K2). Do you think her daughter will help the situation?

Carl
View Post

If a Chinese woman has a child that is a USC with US Passport, that means she is married and has had a child with her USC husband. That is a specific circumstance, not to be compared to other circumstances involving children.

Each situation is different. To know whether a child will make it easier or more difficult for your own case, you need to carefully consider all the circumstances including the Visa type.

Where I see a child in the mix might potentially benefit the process is where you are able to show both a bonafide relationship with the SO and a bonafide family relationship with the SO and child or children. To do so, would involve many factors including the number and nature of visits to China and the inclusion of communication between the USC and beneficiary child.

If a relationship looks fishy, I see a child adding to the fishyness. :rolleyes:

#9 User is offline   cdrobin66 

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Posted 01 May 2006 - 11:14 AM

ShaQuaNew, on May 1 2006, 10:16 AM, said:

cdrobin66, on May 1 2006, 06:11 AM, said:

Stephen, on Apr 30 2006, 10:03 PM, said:

cdrobin66, on Apr 30 2006, 09:27 PM, said:

I have questions, do you think having child envolved makes them look at it a little closer or affects the outcome. (K1/K2)

Carl
View Post

Yes... one of the ladies said she was told she was denied then she showed them the passport of her US citizen daughter. The VO said ok you are approved...
View Post

Well I have a 2.5 year old son and she has a 12 year old daugter(K2). Do you think her daughter will help the situation?

Carl
View Post

Stephen,

Thanks for sharing your story and observations. Wishing you the best of luck....



Cdrobbin...

I know your interview is coming at the end of the month, but do take heart if you've covered the bases. The most common two areas where children might present a problem:

a. non-custodial parent is unavailable and / or refuses to provide permission.

b. petitioner does NOT meet minimum poverty income requirements (which are quite forgiving).

Also, there can be a great deal of speculation out there regarding why one couple gets denied and another passed, but that is all that it is, speculation. Do your homework, know the law, know your rights. As long as the petitioner's income meets or exceeds the minimun income requirement, they will be passed on that criteria.

Getting passed is not about black magic, nor bells and whistles, though there are a few reports of unfair treatment. Follow the guidelines, and if your partner does not speak English, take steps to show a bona fide relationship using a video or other means.
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As far as the poverty line is concern, I am good to go. I have all the evidence I think is required and then some more. I have pics of me and her daughter, me and mom and daughter and me and family. I have been to china twice in 4 months to spend time with her and wanted to go back to see her again in May but what do you know........5/11/2006-interview. I was well prepared for this to go the distance but my SO keeps telling me that she feels this will be fast and she was correct. Now, the only issue that I can think of is her Daughter is adopted and the father is dead, the mother has signed all documents stating she is no longer responsible and does not want the child. (daughter is actually the niece of my SO, and the father is the SO's brother). My SO was responsible for her niece for the last 5 years and finally she adopted her. So we will see how this plays itself out.

Carl

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Posted 01 May 2006 - 05:39 PM

jim_julian, on May 1 2006, 02:46 PM, said:

Stephen, thank you very much for taking the time to write this up.  All insights are helpful as we try to understand this situation that has so much impact on our lives.
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Agreed. Thanks Stephen for taking your time to write up this insightful review. I tend to agree that income is a pretty big factor, but I also think age, i.e. the age difference between the partners, is a big factor. I'm pretty certain that if data were available to analyse that the analysis would show that the closer the age difference of the partners, the higher the approval rate. If you combine both the income level and the age difference, I think the approval rate would be quite high for people making 50K+ and the age difference within 6 years. This is just my own conjecture. No hard data to back this up, but this is what I believe is the case.

#11 User is online   donahso 

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Posted 01 May 2006 - 08:37 PM

I don't think money is a big issue. It seems like half the time they don't even ask for an I-134. Probably an overstatement, but I've seen those who need joint sponsors get their visa as easily as those who made 6 digits.

The closer in age, the better. However, GZ is well away of the standard age spread between husbands and wives. 15 years is not all that big. However, a 60-something guy and a 20-something gal may raise an eyebrow.

#12 User is offline   RLS 

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Posted 02 May 2006 - 09:26 PM

I think a lot of this is frightening a lot of people. I read this and thought, my God, it was scary enough as it was. :rolleyes:

#13 User is offline   paula 

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Posted 03 May 2006 - 09:44 PM

Thanks stephen. Does it mean I cant change CR1 to IR1 when I enter into the US after I got married for 2 years?? There is something wrong with spelling on your post about it, and I cant read it.

My interview is coming to the begining of next month. After I read this thread, I am a little scared. Age difference is big issue?? I am worried about it as my husband is 22 years older than me, but my husband never think it is problem. His exwife is an american, and is 20 years younger than him too. Maybe I should tell visa officer my husband is good enough so young women love and married him no matter she is american or chinese?? :ph34r:

#14 User is offline   RLS 

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Posted 03 May 2006 - 10:06 PM

paula, on May 3 2006, 09:44 PM, said:

Thanks stephen. Does it mean I cant change CR1 to IR1 when I enter into the US after I got married for 2 years?? There is something wrong with spelling on your post about it, and I cant read it.

My interview is coming to the begining of next month. After I read this thread, I am a little scared. Age difference is big issue?? I am worried about it as my husband is 22 years older than me, but my husband never think it is problem. His exwife is an american, and is 20 years younger than him too. Maybe I should tell visa officer my husband is good enough so young women love and married him no matter she is american or chinese?? :romeojuliet:
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Paula, try not to worry about the "age" thing. That's my situation as well and I think there are many here at CFL who fall under the same catagory. I asked that question a long time ago here. The responses I got were to not worry and that it was quite rare for the age issue to be the reason for denial. Maybe someone would like to comment. Certainly we can't do anything to "overcome" our age. :whistling:

#15 User is offline   SirLancelot 

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Posted 03 May 2006 - 11:32 PM

RLS, on May 4 2006, 11:06 AM, said:

Paula, try not to worry about the "age" thing.  That's my situation as well and I think there are many here at CFL who fall under the same catagory.  I asked that question a long time ago here.  The responses I got were to not worry and that it was quite rare for the age issue to be the reason for denial.  Maybe someone would like to comment.  Certainly we can't do anything to "overcome" our age.  :romeojuliet:
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The "age" concern was something I brought up first and I noted in my post that it is conjecture on my part. This certainly would not be something that is strickly outlined in any official capacity as that would be age discrimination. But nevertheless, I do believe if hard data were analyzed that there would be a strong correlation between the interview pass rate and the age difference betwen the couple. However, if the couple is already in the K-1 process, then there's nothing that can be done about it, so just sit back, relax and enjoy the ride. :whistling:

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