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mike_m

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Posts posted by mike_m

  1. I hope you're right Mark. If the prosecutors and court system can add in some kind of charges of international sexual trafficking then maybe this case can be brought to the federal level.

     

    If that happens, and the suspect is convicted, then maybe he'll do some serious time.

     

    I don't remember the age of the suspect, was it 68 ?. Anyway, if convicted in a federal court it is likely that he will spend the rest of his days behind bars. That's not sufficient punishment in my opinion, but it's probably the best we can hope for.

     

    As far as helping the woman and child, I hope to see some way to make a legitimate contribution someday soon. I'll be checking this thread to get the details.

  2. I know that my opinion here is going to be unpopular and I will be accused of being insensitive. I'm not insensitive, but here goes...

     

    From what I've learned here the K-1 visa process doesn't check much of anything on the US citizen. The G-325 form you have filled out could be used to initiate a background check on you, but I don't think it's done. I just checked the form again, and there is no place to give permission for a background check.

     

    There is a general permission on the I-129F that allows for information to be released about both the US Citizen and the beneficiary, but the context of the statement is for verifing eligibility for the I-129F, ie legally allowed to marry.

     

    Keep in mind that if criminal databases were checked for the US citizen then the process would change from about 1 year to probably two or three years at a MINIMUM. Most of the criminal databases are kept by the states, so any person would need 50 data base checks MINIMUM. The sexual predator databases are separate because they are publicly accessible, so now there would be 100 database checks required.

     

    In addition, it is known that most of the sexual predator databases are not correct. The information is not current and there are people listed that shouldn't be. In addition addresses and names can change and the databases are not kept current.

     

    I think that if the US citizen was to be given a criminal database check then the entire K-1 visa process would come to a complete halt. It would be years before it could be restarted and would probably cost over US $100 million dollars. Recall that just two days ago the FBI said it's 'under development' case file system may need to be scrapped after spending OVER US $170 million.

     

    My final major point is that the US Citizen that has convictions is not prohibited by law from marrying. That is really the only certification that is provided. The other thing, like I-134 statement of support is just a 'nice thing' to ensure that the fiancee' doesn't end up on public assistance, as the I-134 compels the US citizen to provide support for three years.

     

    If you've read this much of my post then you probably think I'm some kind of lawyer or other type of insensitive creep. I'm not, I promise. However, I am opposed to the adding-on of regulation and increased bureaucracy everytime the exiting process or procedure shows a flaw.

     

    It is a terribly unfortunate that the woman and her daughter came to USA and the daughter was abused. But, it is not the US Government's fault. The Government likely followed the required procedures and issued the visa based on the information provided by the petitioner and the benificiary. For the person to sue the USBCIS successfully they would have to prove some kind of negligence or gross failing in the procedures. I don't think this will be shown to be the case.

     

    The Chinese woman trusted the American. In this case she shouldn't have, but she didn't find this out until it was too late. This illustrates one of the evils of technology, when you meet a person onine you really have no idea who they are or where they are. It is true that this scenario could have occured without the use of computers, and in fact I have no idea how the couple met. However, the use of computers makes it much easier to meet people.

     

    I believe that the accused should be prosecuted to the fullest extent of the law. That is, trial by a jury of peers, not the press and not the court of public opinion. There is no need for vigilante justice or anything like that.

     

    I further believe that the woman and her child should be given green cards immediately if they want them. That could be interpreted as something of an apology. Heck, give them the cards whether they want them or not. Then they have more options about what to do next.

     

    Finally, I think it is pretty ironic that most of the posts here talk about how long and arduous the process of getting a K-1 visa is, but now many people want to add a LOT of time and cost to the process because of this incident. Yes, it's a terrible thing that happened, but it's not the government's fault. It is the abuser's fault. The government can't protect everyone from every hazard.

  3. to elcajongr:

     

    I think there is a list of hospitals authorized to perform the medical examination on the US Embassy website. I don't have it at hand, but I think you can get there from www.state.gov.

     

    You may consider having the exam done before Chinese New Year at a hospital that is more convenient than Guangzhou.

     

    As I recall there were telephone numbers on the list of hospitals.

  4. The article is a bit 'interesting'....

     

    It looks like the reason it was put on the USCIS web page is that the research was funded by INS.

     

    There are two points a few paragraphs apart that, to me, are nothing short of comedic:

     

    "marriages arranged through these services would appear to have a lower divorce rate than the nation as a whole"

     

    followed a few paragraphs later with:

     

    "While no national figures exist on abuse of alien wives, there is every reason to believe that the incidence is higher in this population than for the nation as a whole"

     

    I suppose there are more contradictions or at least contradictory impressions (?) in the article. I don't have the energy to spare to read the rest of the article. Most of the data is 10 years old, and I don't make important decisions like who I'm going to marry by consulting statistics interpreted by some know-nothing grad student and her professor.

     

    Does the article give 'foreign wives' a bum rap? Perhaps, but don't take it personally.

     

    Lead with your heart and keep it open to the one you love. Screw the statistics and do what you know is right.

  5. I had a very similar response from my credit union. They were very concerned about liability.

     

    Anyway, I happened to have all of my statements, so I added up the numbers and wrote the letter myself. I took the letter, along with the statements, back to the credit union and asked them to type it up on their letterhead.

     

    They did that witout any hassle, but the would not sign the letter. Talk about nonsense paranoia... These people are afraid of being hauled into court to defend their own bank statements. And we think the Chinese are kinda screwed up in their administrative methods and silly rules!

     

    Since I'm above the poverty level I'm not even going to bother with the bank statements. I'll make the I-134 to the letter of the instructions and that should do it.

  6. Being there during the interview is another 'piece of evidence' to substantiate the relationship. As far as its' importance it's really anyone's guess as to how much affect it has since each case is unique. Make sure she knows to tell the visa officer that you are waiting outside! This would seem to be an obvious thing, but if possible practice this with your fiancee' before the interview.

     

    One of the really important reasons to be there is that if there is a problem then MAYBE you can take care of it while in Guangzhou. Remember that if there is a request for more information (blue slip?) that she can present the information the next day. Then she will be given instructions on what do do next, which probably includes another interview on the third day...

     

    When you factor in the medical exam then she should expect to be in Guangzhou for almost a week.

  7. Along the lines of dealing with a 'blue slip'.....

     

    This is hypothetical, so please bear with me and don't read anything into the question. I want to try and keep this simple.

     

    IF a fiancee` must return home to obtain additional documents how does she reschedule the interview?

     

    Is a rescheduled interview even necessary?

     

    If a scheduled interview is not necessary are there specific days and/or times to return to the consulate to submit the documents?

     

     

    If I should make this a new post/thread let me know and I'll do it.

  8. I say go for it!

     

    The cost of the application isn't really a lot of money, it's about US $100 each.

     

    Of course they will need passports and other documentation first. But, this is an important event and I think you should try to get them the visa unless it's a financial or emotional hardship if you don't succeed.

     

    There are about a million ways to look at 'strong ties' which is the typical rejection reason. Actually, it's 'lack of strong enough ties', but if you tell the truth on the paperwork and make a convincing case then it just might work.

     

    There are a few theories about ways to increase the chance of getting a tourist visa, and I'm sure there are a lot of people here on CFL that will explain them to you...

     

    Good luck. I hope it works out for you.

  9. Isn't Spain on the list of countries that have 'visa waiver program' with the USA? ( http://travel.state.gov/visa/tempvisitors_...a_waiver.html#2 )

     

    I believe it is. Anyway, the Spanish citizen doesn't even need a visa to come to USA. Then can just show up at the airport and have their passport stamped and are welcomed.

     

    Just like when we go there....

     

    This case is really not relevant as a comparison to our troubles bringing Chinese fiancee`s to USA. It's really a completely different case.

     

    It looks like the K-1 visa for a spaniard is more like a rubber stamp.

     

    Yes, the system is unfair and inefficient, no doubt about that.

     

    Oh, I guess I should add my answer to the initial question by the first poster. No, this doesn't make me sick. I try not to let the success or failure of other's bother me too much since their case has essentially no relevance to mine. I do try to learn what I can from them, but it doesn't make me sick.

  10. My last trip (Nov 2, 2004) was on United Airlines and was fine. Everything

    was on time and there were no difficulties at all. I guess it's a 'luck of the draw' thing about on time performance and weather delays.

     

    Anyway, to get to your question, there is an an 'open return' ticket that allows you to select the return date after beginning travel.

     

    Another option if you don't know the exact day of return when buying the ticket is to make sure your ticket is changable. I think most tickets can have the return date changed, but there is a fee with United Airlines. The last time I did this the fee was US $100. If you check before buying the ticket you may find that the 'no fee for change' ticket costs US $100 more anyway.

     

    Such is life...

  11. I use global priority at the post office because it's a bit cheaper than global express. I've sent dozens of packages this way, some with merchandise and gifts, others with only magazines and letters.

     

    I haven't had any problems at all and the packages arrive in about 10 days max.

     

    One other thing to consider is that if you have a scanner, and she has a printer, maybe sending scans via email is ok. I think this would work well if you have less than about 50 pages as you could send five or ten per day.

     

    As they say, just my .02 :D

  12. I talked to DOS (USA telephone 202-663-1225) today about my case.

     

    The person said that my fiancee` was 'eligible for interview'. I asked if the namechecks were complete and she said 'yes, the namechecks are complete'.

     

    I don't know if 'eligibility' depends on 'namecheck'. It seems logical to me that it should, but I don't know the official rules/policy.

  13. My fiancee` speaks English well also, but when I go to visit next week we are planning to make a video. I'll convert to VHS when I return home to USA and then send the tape to her.

     

    I think it's a fairly easy thing to do if you already have the camcorder and VCR. I'm making the recording 'just in case'.

     

    It seems that most of the evidence prepared is made 'just in case', doesn't it ?

  14. I want to make sure I understand the complete process in the event of rejection....

     

    day 1 - interview, receive blue slip (rejection)

    day 2 - return to consulate, turn in documents, no appointment needed

    day 3 - return to consulate for results and likely second interview

    day 4 - return to consulate in afternoon to receive VISA

     

     

    Is that correct?

  15. It looks like you have two separate issues.

     

    1. Which format camcorder to buy

     

    2. How to make NTSC VHS for the consulate video

     

    From my time in Hong Kong and Mainland China I recall that most models of camcorder are available as EITHER format (PAL, NTSC). Also, most VHS VCRs have a switch for PAL/NTSC/SECAM.

     

    It is possible that some camcorders can make recordings in either format (my Sony PC110 does not). If you intend to make recordings for home use in USA then you should make sure that the camcorder will make NTSC format tapes. These can easily be copied to an NTSC VHS recorder that is common in USA.

     

    This also answers question 2, since the consulate needs NTSC VHS.

     

    As far as a shop in Hong Kong or Guangzhou that can make NTSC VHS I'm sure it's possible. Hopefully you will have some assistance in this. I think that if you go to a shop along Nathan Road in Kowloon then you may pay too much. But, if you buy the camcorder from them maybe they will dupe a tape to VHS for free...

     

    If you don't need the VHS tape immediately, or if the 'duping' cost is too high, it should be easy to make when you return to the USA. If you have a VHS VCR it will only be the cost of the blank tape, which is negligible. You can then send the tape to China using US Post Office Global Priority Mail for about US $9. From my experience the Global Priority packages take about 10 days to get to China.

     

    I just checked your time line again. It seems that you will have plenty of time to dupe the camcorder recording to VHS when you return home. Unless the video shop has a really great deal for you then I'd just wait until I return home to make the VHS tape.

  16. Beijing jenny, that's exactly what the OF169 DOES say. It's clear to me.

     

    However, after the responses above I sent an email to the consulate.

     

    I was amazed that they actually answered right away. But the answer is weird. Actually it's easiest for me to post the relevant text here.

     

    I ASKED:

    My fiancee has received P3 and is collecting documents for the interview.

     

    Your form OF169, item 10, states that non-English or non-Chinese documents must be translated. I interpret this to mean that if all documents are English or Chinese then no translations are required.

     

    Is this interpretation correct?

     

     

    GUZ ANSWERED:

    Generally right, all the Chinese certificates must be translated into

    English by the Notary Public.

     

     

    I really don't know what to think, except that they are probably used to seeing so many translated documents that they believe it is required. I really don't see any gray area in OF169 about this. I guess I'll wait until we get P4 before I decide what to tell my fiancee`. At this point I'm thinking about caving and getting the translations. It's only two or three documents, it's a hassle, but probably only one day of work for her, and only 15 or 20 dollars.

     

    What really burns me about this is that the requirement on the OF169 is clear. I was just seeking some peace of mind after reading about people having documents translated.

     

    I suppose a better way to get an answer is to go to the citizens hour at the consulate. But, as with most people here, the consulate is about 7000 miles away ;)

  17. TRANSLATIONS.....

     

    I have a question about the requirement that documents be translated.

     

    The instructions for I-129F state "...foreign language document must be accompanied by a full English translation...".

     

    The OF169 sent from Guangzhou states "...documents not in English, or in the official language of the country...".

     

    Is this a contradiction? Or, is it that each form or package has its own requirements? For example, since the I-129F is filed in the US then everything must either be in English or translated. The document package with P4 is filed with Guangzhou so English OR Chinese is acceptable?

  18. TRANSLATIONS.....

     

    I have a question about the requirement that documents be translated.

     

    The instructions for I-129F state "...foreign language document must be accompanied by a full English translation...".

     

    The OF169 sent from Guangzhou states "...documents not in English, or in the official language of the country...".

     

    Is this a contradiction? Or, is it that each form or package has its own requirements? For example, since the I-129F is filed in the US then everything must either be in English or translated. The document package with P4 is filed with Guangzhou so English OR Chinese is acceptable?

     

    Is that correct?

  19. Yes, I can see now where you got the number.

     

    I guess when you count all types of visa applications including tourist, adoption, business, student, educator, entertainer, and other's that I don't know about, the total could get into the thousands per month.

     

    If you discount all of the 'simple cases' like tourist, business and entertainers I think the number of applications requiring work from the consulate is probably much smaller.

     

    Still, there's really nothing we can do except prepare our applications and wait with everyone else.

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