Brian & Kathy
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Posts posted by Brian & Kathy
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My wife and I are petitioning for her parents from China to adjust status. They came here on a visitor’s visa and we decided to file I-130 and I-485 simultaneously prior to overstaying the visa. Regarding the I-485, application for adjustment of status, we recently received a RFE:
You have submitted a family census register, family relation register or a notarial certificate. However, the evidence you submitted does not contain the applicant's name. You must submit a family census register, family relation register or a notarial certificate that contains the applicant's name.
Title 8 Code of Federal Regulations, Section 103.2(b)(2)(ii) states:
Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist and indicate whether similar records for the time and place are available. It must contain the following:
A legible seal
A legible stamp
A signature with a title containing the words: secretary, registrar or births and deaths
Prior to submitting the application, we knew there would be a possible issue. My parents in law have no birth certificate, as at that time the Chinese government did not issue them.
Long story short, to obtain this document, my parents in law must travel to China to obtain it in person. The catch 22 is that if they travel outside of the country now, the I-485 petition will be considered abandon. Any advice?
I plan to call the USCIS customer service line tomorrow to ask some specific questions, however my experience has been this is useless.
We made every attempt to obtain the required certificate from the China office before sending the petition. We wrote, signed and notarized several different letters as requested by the China notarial office. Each time we submitted a document to the china notarial office, they requested a more outlandish document instead, saying the letter they requested previously was insufficient. Finally, we submitted with the I-485 all of the letters we had made attempting to obtain the certificate from the china office, along with an explanation of why we could not obtain it, and their Chinese Family Registration Book (and of course a translation of it).
Again, catch 22. We can't get the document without appearing in China in person to get it, and we can't leave the US until the request for advance parole is approved or forfeiting the I-485 petition.
The last requested document from the china notarial office was a request for notarized letters from the Chinese embassy here in the US, stating that her parents are in the US and request the notarial certificate. The nearest embassy is in Chicago, 500+ miles away. As a family of 6 with a 19 month old and a 3 month old, that is a difficult request. Based on the 3 previous attempts to provide letters, they would then request a more outlandish document to provide the requested certificate. None the less, we will attempt to contact the embassy to see if they could even provide such a document.
Frustrated and turning in circles with both governments. -
My wife took my last name when we married. We now have the green in her new name of course, but her passport is in her previous name. She took my last name and made her previous last name her middle name.
Will re-entry to the US be a problem if we travel on her old name (passport and plane tickets), and her new name on the green card? It would be easy to bring the marriage certificate to prove this. We are considering visiting China and are trying to work out all the details.
I've read a bit about the name change process for the chinese passport. It looks like the only option is to bring the chinese passport to a China consulate (chicago) in PERSON and they can ammend it. That's fine, but Chicago is an 8-10hr drive and we are not free during week days when they are open.
So will we be fine re-entering the US with the new name on the green card and the old name on the chinese passport? If not, are there any other options for ammending the passport?
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Thanks, that's what I wanted to know. I think we'll submit it without the medical information and wait for the request. That'll give us time to get the shots and paperwork filled out without delaying the process too much. Looking at the visa journey timelines for my local office, the 1 year stipulation shouldn't be a problem, but with USCIS you never know!
Brian
Firstly, the I-693A no longer exists, it was replaced by an updated version of I-693 a few months ago, the US Civil surgeon only needs to fill in the vaccination part for K-Visa holders.
The I-485 instructions say that you "MAY" include the I-693 with the I-485. If you dont, one of 2 things will happen, you will get an RFE for it in the case of CSC process decision without interview, or you will be instructed to bring it to AOS interview.
NOTE if interview happens more than 1 year past visa medical a new FULL I-693 medical will probably be requested.
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While in china, my wife didn't get the immunizations and shots needed for AOS. Do we need to get the shots and have them recorded on the I-693A before we can file AOS? The I-94 expires tommorrow, so we are getting nervous about getting all of this done in a timely fashion. Is is possible to file the I-485 without having the shots completed and if so, how? What if we file AOS without the I-693A, expecting an RFE? We really want to get the process started and get a work authorization for her.
Thanks,
Brian & Kathy
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Thanks for the replies. Sounds like we can take care of it here in the states through a China Consulate. However, the nearest consulate is in Chicago and I'm in the Kansas city area, which means at least an 8hr drive. Any idea if this can be done by mail?
I guess when the time comes, I'll try to contact them to do this by mail or see if one of the services for China visas can do this for me.
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When Kathy and I marry, she will take her current family name as a middle name (she has no middle name now) and then will take my last name.
Shortly after we marry, we will be applying for AOS under the new name, which means all her documents and green card will state her new name. However, her Chinese passport will still state her maiden name.
Will it be a problem for traveling internationally on the green card when the name on her passport doesn't match? Would carrying our marriage certificate solve the problem?
Will we need to get the chinese passport changed/reissued? That seems like a big deal, because it will most likely have to be done in person while in China, if it is even possible.
What have you guys done or experience for this?
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Congratulations! How long did it take for the visitor visa process for Kathy's parents?
Thanks, Zachary and Lychee! It was about 2 months for the B1/B2 visa process. Because it is Shanghai Consulate, it is much busier than other ones in China. Soon as we found out our K1 interview date, we started to make the appointment for parents' visa. We applied for the interview date in late june, and we got the date on August 21st. However, it is still GREAT that the waiting is shorter than other kinds of visas, such as K1, K3...
Kathy & Brian
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It is a bit unbelievable to me still, but Kathy's parents were granted visitor visas to come to the US for our wedding. Their interview was in Shanghai last week and they were both approved. The interview was short and sweet. They first handed the VO the letter from us (addressed to VO inviting her parents here and explaining the purpose of the trip). The VO then asked for Kathy's Visa/passport/I94 which they handed over, and then for pictures. They handed the VO a book of pictures of us, her parents and her aunts and uncles taken on my previous trips to China. The VO pointed at the 'out of place' white guy and asked if I am their son in law, to which they both replied yes. Surprisingly, no other documents were requested to show their ties to China, though they had plenty in hand. We prepared a lot more documents, but none of them were requested.
They received the visa in hand earlier this week. They were both granted 1 year multiple entry visas.
That's better than what I typically get when I apply for a China visa.I post this to show it is very possible for your parents/parents in law to come here to visit. We used the visitors visa sticky at the top of this forum to help us in preparing, as well as some common sense. All of our forms show that the purpose of their trip is to be here for their daughters wedding. We presented everything truthfully and clearly as possible. When we applied, I felt there was a very small chance it would actually be approved, but of course you never know until you apply.
As for why we were so lucky to be approved, I think it partly has to with the reason for the visit making sense. Certainly, any parent would want to attend their own daughters wedding, and our used K-1 is excellent evidence that we'll marry and the reason is true. Also, some of the pictures we included showed us with the all the aunts and uncles together in China (at least 20 people in the photo). Certainly, a large, close, strong family is an excellent tie to China for them.
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You don't have to. Your fiancee can get a canadian transit visa in a timely manner. You'll just have to show the travel plans and ties to the home country (or in this case, I would think ties to the US). In any case, it takes about 5 days from the canadian embassy and is free.
Really glad you posted this info.....I had this question as my fiancee will be flying home in a few days. I am taking air canada......Guess she will be coming separately on a different airline.
Joshua
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On July 27th, me and Kathy tried to come to the US together. Unfortunately, they would not let Kathy fly and I had to come home alone, again.
She didn't have the required Canadian transit visa.I have flow from China to the US with a stop in Canada before and of course I didn't have any problems. Once you dissembark the plane in Canada, you proceed directly to US customs/immigration. I thought because we never go through Canada customs/immigation and we are in 'international space', that she would not need any kind of visa. However, Canada still requires the transit visa. I wouldn't have guessed you'd need a visa for a country in which you do not pass through customs/immigation for. I certainly never get a canada stamp in my passport when I make this layover.
In any case, I'm done ranting. I just wanted to warn others so they don't make the same mistake I did. On the positive, other arrangements have been made and she'll be here soon.
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Thanks Everyone! Kathy picked up the visa today too!
Brian
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This evening, I got a single word text message from Kathy: PASS
Unfortunately, I couldn't be in Guangzhou with Kathy. I was in China with her when the F1 student visa was denied. It was very difficult coming back to the US alone, and it royally ruined all the plans we had made. Based on that terrible experience, we decided it would be best for me to come several weeks after the interview, which also gives her time to find a wedding dress and pack.
The interview is as follows:VO: Your passport please
Kathy: Sure
VO: Who's the petitioner?
Kathy: Brian D... My fiance
VO: How did you know eachother?
Kathy: We were introduced by my teacher, XX and Brian's best friend XY
VO: What's their relationship?
Kathy: They married in 2005,and both in the USA now. Do you wanna have a look at their pictures?
VO: Alright, no need.
VO: Which teacher? Your college teacher, or what?
Kathy: nope, my training course, for the translation certificate teacher
VO: When did you start the relationship?
Kathy: Several weeks after knowing each other.
VO: When?
Kathy: Around Oct. 2005
VO: When was his first trip for visiting here?
Kathy: January 6, to 16, 2007
VO: How many times?
Kathy: 3 totally, and Brian will be here July 18, as the fourth trip.
VO: Do you have pictures?
Kathy: Yes, sure. (she gave to him, and was explaining everything, he looked through very quickly. she showed him our photo album and he said no need)
VO: What does he do?
Kathy: Brian is working for URS, as a Mechanical Drafter
VO: His finacial documents, please?
Kathy: Sure. this is I-134, Brian's employment letter and Brian's 2007 tax transcript. (then, he stapled the tax transcript and I-134)
Kathy: I have Brian's 2008 pay checks, you wanna have a look?
VO: Alright, no need
VO: Have you applied for any other visas?
Kathy: Yes, F1
VO: Did you go to the USA to study?
Kathy: No (he checked the DS-156 form for the answers on previous visas, and then didn't say anything)
VO: Congradulations
Then, he got a red/pink paper from a stack of papers with a variety of colors.
Kathy: Ohhh, Thank You soo very much! (the loudest words of the interview. then, she said 'thanks' another 3 times),
The VO was a male, asian and didn't smile a single time during the interview. Seems he was very thurough with his work. There were a lot of questions, but it was only around 2 minutes long, and Kathy finished before the others around her. Kathy had a whole suit case full of evidence, including emails, phone bills, emails with my mom, ect, but we only needed the pictures, I-134 and my 2007 tax transcripts. We are both very excited and happy, but it'll be even better when we have the visa in hand.
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Me and Kathy have a soft side 3 ring binder with the clear 4x6 picture sheets inside. We have about 25 pictures from our 3 trips, including pictures with friends, family and just the 2 of us. I went so far as to include a label for every picture with the date, location and names of other persons included in the picture. The note book is just a cheap job from walmart, soft side with 3 wire brads (no spine), so it can easily be slipped through the window.
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I was looking at the timelines and was surprised to see you got blue! Very sorry to hear about this. I can understand how heartbreaking it is.
The good news is, that it should be streight forward and simply a matter of time. While the idea of not being able to do anything is difficult, it should simply be a matter of some additional checks until she has the visa in hand.
Best of luck to you, and a speedy resolution to the blue.
Brian
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Still a long wait till we know the interview date, but I'm just thinking ahead. If we get blue, obviously we'd have to get a new certificate. It is only the single certificate that is old. We haven't gotten any police certificates yet and we'll wait a bit longer on that one.
I guess we'll decide when we get the interview date. Thanks,
Brian
Well yes strickley speaking its 12 months, but if your certs are 11 months at interview and you get blue, they would propably expire before overcome, therefore no visa.
Also you cant be sure of your interview date until you get P-4, right?
Also VO's like fresh certs.
So if I was you I'd get new ones.
JMHO
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What I've read, the letter of the evolution of the relationship is primarily requested as overcome evidence. I haven't read one case where it was requested at the first interview or where it saved someone a blue slip. If the officer is already doubting the relationship, I don't see an already generated letter making the difference at the interview. I don't plan to send one unless it is requested, but we included a 1 pg answer to Q18 on the 129F that also briefly explained the evolution of the relationship.
It seems to me that the officer is primarily looking to see HOW you communicate and that you really DO. A relationship is not made of matter, so they can't inspect it, but they can infer there is a relationship if there is consistent and clear communication... After all, no communication, no relationship. They will be asking the benificiary how you communicate and by looking at emails, cards, letters, phone records, ect. and asking personal questions about the petitioner to deterime about communication.
At least that's my opinion from what I've been reading these days. Seems like nearly every interview, they ask how communication occurs, which leads me to beleive communication is one of the cornerstones they use to prove there is a bon-a-fide relationship.
Of course, pictures and spending time together are a big way to prove a relationship too.
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I thought I had read somewhere that the Single Certificate and police report could be up to 12 months old before they requested a new one, from the GUZSpeaks forum I think. Kathy got the single certificate in September when we sent the Petition to USCIS and I included one of the origionals in the petition, while she has another to take to the interview (but GUZ should have it in the documents from NVC I would hope).
This Single certificate will probably be 11 months old by the time we reach the interview. Would be it wise to spend the time and money getting a new one if the old one is still less than 12 months old at the interview date? While 12 months is the requirement, are some visa officers more picky?
Brian
...The other stuff needs to be current, less then 6 months and the VO will then take it when you check in during the morning of your interview!
Mark, feng, daughter, and 2 sons!!
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Yeah, I've seen that most of Nov. after about Nov 10th don't have P3 yet. That's got to be frustrating. I hope you guys get taken care of soon.
Our approval from NVC is from first half of Nov and we're still waiting for the #$@^ P-3 package. It is frustrating to say the least!
Pete
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No problem at all. I'm still trying to figure things out here. I'm just happy to see those time lines because it will help give me a good idea of what to expect as they are filled in.
Sorry Brian,
I really cant add any more to that spreadsheet, its too big. It was really just meant for those few of us within a short time frame from NVC out.
I think June looks realistic for you for P-3 out.
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I do like the timeline feature on VJ. Are the only timelines here are the ones pinned in the Circling GUZ thread? If we want to be added, we should just post our information to that thread? Seems a bit cumbersome to do it all by hand.
I'd be happy if we can get P3 sometime in May, but June might be more realistic.
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I spent a long while yesterday reading the GUZ Speaks forum, it's great that they are willing to share so much with us!
I thought the long delay from NVC to P3 was because of back logging at the consulate, but from what I learned yesterday, it is in fact customs.
I decided to start looking at DHL shipments from NVC to GUZ to figure out what the approximate delay from NVC to P3 is these days. I went back from my approximate shipped date (2-29) and the earliest I could track was the beginning of December. I couldn't find records for packages shipped earlier, but everything from December onward (excpet under 5lbs) was still in 'Clearance Delay'.
That means the current delay is over 3 months, and that's assuming everything sent earlier than Dec, has been delivered. I don't think that's true based on timelines at VJ... only those who had their petition sent earlier than the first week of November have gotten P3 so far... closer to 4 months!
Does this sound right? I'm also wondering why there has only been one P3 since January (based on VJ timelines). There are certainly plenty of NVC shipments from November waiting for P3.
Anyone else have information about the delivery habits of customs they can share? -
Try 'EXP 08 FEB 2008B'
I experienced the same problem, but someone on Visa Journey pointed out this trick to me.
Brian
Thank you all for the responses.
Credza:
Based on what the NVC and DHL told me, I think my package was in DHL shipment 8188078393.
But it does not make any difference, both of our cases are there waiting for light of day.
Nate and Wenju:
The way that I found out when my package was received by the Consulate is as follows:
1. Call the NVC and get the exact date when they shipped it out.
The NVC had no issue in providing this data.
2. Call DHL and ask them for the tracking number for the shipment that left the NVC bound for the GUZ on that date. If there are no pick-ups, try to vary the date +/- 2 days or so.
3. Enter the tracking number on the DHL website and "viola" you get the tracking data.
Please note that the GUZ receive date is based on the preponderance of the evidence and there is no guarantee that your file was actually in that shipment.
But it does give you a "warm fuzzy" and at this point in the game a "warm fuzzy" can be a good thing.
Hi Squonk
So DHL will just tell you the tracking number? I'm surprised!
I'll try it. DOS told me it left NVC on the 8th of February if I recall.
I tried the 'EXP 08 FEB 2008A' but did not see any shipments to GUZ, but everywhere else.
Thanks
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I'll have to send the origional submission of what I gave USCIS. This includes a lot of personal cards and letters we've given to eachother. I'd hate to loose these as much as anything else.
I checked the prices of sending a 5lb package to China via DHL and it is over 100$ US. This seems a bit excessive and I certainly don't need to pay extra for next day service. Registered mail seems to be a good option. I picked up a letter from the post office once that was sent registered mail and it was physically under lock and key. The prices seem cheaper than DHL as well.
It's so difficult not to be there. I feel your angst. Could you send two packages of the same documents? Overkill is not a bad thing!
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I'd love to be there for the interview and bring the documents myself, but I don't think it is very realistic. We both want to travel to the US together. I'll only have about a week of vacation from work by then, and that's not enough time for her to get the visa, pack and say goodbye. And that's if everything goes smoothly. Also, I'm not allowed to attend the interview, other than emotional support what could I do there?
Thanks for the tip on marking it is as documents. I've never had them open an envelope with documents, but they frequently inspect some of the other care packages.
Tightly clenched in your fist!
But I take it you aren't able to go for the Interview yourself. In that case DHL is probably your best bet & as you said USPS is the WORST for getting things to China on time (if at all). Also, make sure it states 'Documents' on the mailing form somewhere, I forget who told me this, but when I sent things marked this way they seemed to arrive sooner... maybe less worry for Customs, who knows.
I-485 RFE China Birth Certificate/White Book
in AOS & Immigration Challenges
Posted
Yes, we filed for AP at the same time, but as of right now we don't have it. Of course, there is no obligation or gaurantee it will be provided, much less in a timely fashion.
To me, it seems unreasonable to require them to go back to china to get these documents. That costs thousands of dollars, but so far we haven't been able to pull the right strings in China to get the document.