Tom and Ling
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Posts posted by Tom and Ling
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So my vacation time that i got is from June 8 - June 16, and interview is on June 11, do you guys think I have enough time? so that my fiancee can come back with me
if you look at my timeline i've got my trip planned until the interview day... 
Hi HelloWorld08,
Do you work on the weekends???
Tom and Ling
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Congrats Tom and Ling
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when I get to talk to an officer at ACH,do i get the oppurtunity to show evidence concerning our case? example.....on our case,on paper it looks like i divorced right away and then met my wife,visited my wife then married my wife(events happening close together),but i have documents where it states i was seperated 1 year and 1/2 years before i filed for divorce,in fact i have been to Russia two times,seeing a Russian girl before meeting my wife ,i have also the document that shows when i filed for divorce(3 months)before my divorce was finalized....or can i at least bring up this matter and discuss it with the officer?just thinking,what i will ask the officer at ACH.
Jimi
Hi Jimi,
Anything that you want the VO to take notice of at the interview ..go to ACS and have it notarized. They won't take the document but it is my understanding that they may scan it.
I had the following notarized:
1) Updated Marital relationship.
2) The I-134
3) My passport
While at ACS I talked to the VO about "My wife was nervious" and if she could have her interview in Chinese.
AT ACH I had some questions that I asked and it is ok to tell the VO about things you are concerned about. You are not dumping documents on them but alot of what you say will be entered into the computer.
At ACH,,I again told them my wife was nervous and wanted her interview in Chinese.
So at the interview,,here is some of what took place:
My wife's interview was in Chinese...in fact my wife asked for her interview in Chinese and the VO said..."I Know, I know"....
The VO never asked for the I-134....So they must have scanned it and had it on the computer.
As far as the updated Marital relationship..here is what I did...I folded the document long wise and placed it in my passport and told my wife to hand the passport to the VO with the " updated Marital relationship" and just let the VO let curiosity take it's course. You can not make the VO read the document but you can get his curiosity up. Will he read it....In our case..The VO did read the
updated Marital relationship letter.
Do not put anything in the relationship letter take will make the VO ask more questions, but you could put in the letter about your 1year and a half of separation from your first wife as well as bringing it up at ACH.
Good luck and bring the pick home!!!!......
Tom and Ling
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K-3/4 was never intended to adjust status it they were then the I-485 would have a check box like the K-1 and the K-4's would be handled the same way (True derivative visas alowing AOS based on their derivative status.), the K-3 and 4 visas were developed to allow them to enter the USA and wait for approval I-130s and then return to home country for visa interviews. (AOS from a K-3/4 visa can be expensive compared to simply filing I-130's for each immigrant and going for CR-1 and CR-2 visas)
I'll stand by doing the K-3/K4 route ....
Tom and Ling
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It is the same, "A""A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.
And yes the I-94 will allow you to put off filing I-485 until that long.
NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.
Hi dnoblett,
What Box for K-4 on the I-485???
I checked H (other) and gave "Admitted as a K-4 (Nonimmigrant), Mother married to US Citizen, I-130 approved".
Would this be enough.
Also submitting I-130's for the boys..TOO...
:D ...for twins Tom and Ling
If you filed an I-130 for the K-4 at the same time you filed an I-130 for the K-3 simply attache the K-4's I-130 approval notice.
If not, then you will need to fill out an I-130 for the K-4 and attach the additional $355 fee and send it in with the K-4's I-485 AOS.
Thanks Dan.....I was not sure and the Boys I-130 has to be filed with the I-485.
Tom and Ling
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"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.
And yes the I-94 will allow you to put off filing I-485 until that long.
NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.
Hi dnoblett,
What Box for K-4 on the I-485???
I checked H (other) and gave "Admitted as a K-4 (Nonimmigrant), Mother married to US Citizen, I-130 approved".
Would this be enough.
Also submitting I-130's for the boys..TOO...
:D ...for twins Tom and Ling
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Oh yeah, has anyone bought tickets from flychina.com?
Hi jp2008,
Congratulations
I have bought my tickets from flychina.com, but I think pommey is right.
Get your tickets direct from "China Southern" they have a great deal going on ....also if you buy 2 months in advance its half price or more to LAX.
We used China Southern coming home to the USA.
Tom and Ling
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No, of course not (any applicable child labor laws would still apply). But that's exactly why they would want to apply.
Thanks....Randy
My wife is also from Yulin,Guangxi
And I wanted to make sure because I wanted to get their SS#
Tom and Ling
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Hi Everyone,
My question is about whether there is an age limit for submitting an I-765??
My step-sons are 13 years going on 14 years old, and although they will not be working ,,I would like to get them their SS#.
Since I will be filing AOS soon, it would seem reasonable to file I-765 with their AOS and save some money and get their SS#.
So is there a restriction of age for filing a I-765??
Tom and Ling
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Hi Mark,
You talk about the CSC, but what about the Vermont Service Center??
Is the VSC better or just that you don't have much dealings with VSC??
Tom and Ling
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I called this morning to find out the status of our petition and was told that is is still in customs ..it has been sent to Guangzhou(this i knew) but that it had not arrived yet for processing. This was a little disappointing to hear but nothing really to do about it.. our papers were sent to Guangzhou march 17th so im guessing it should get there soon or at least within the month. waiting is just hard i guess.
HI areynolds,
It can take anywhere from 2 to 4 months to clear customs.....
So, I hope yours is sooner than later.....
Tom and Ling
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Thanks, Tom & Ling.
I will send off my 485 package next week. I will just send my copy of tax 1040 + W2s for the past 3 years.
Hi Missingyou,
You might want to get tax transcripts from the IRS anyways since they seem to prefer these tax transcripts....
They are free and I got mine in about 2 weeks.
When I filed the I-134 ,,I had the tax transcripts for year 2005, 2006, and for 2007,,but lings interview was in November so I could get all of the tax transcripts.
Either the tax transcripts or the 1040's are fine,,but just to have them around,,I would get the 3 years of tax transcripts anyways. At your convenience.
I am filing AOS soon and I am filing two tax transcripts for 2006 and 2007,,but giving them the 1040,w2,and 1099 for year 2008.
Tom and Ling
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Also for Form I-864 Part 5 #21, I am filling out for my husband, so I should enter 1 on line a and 1 for line b, total just 2, since we have no kids, right? I should not put anything on line c, since it says NOT sponsored in this affidavit.
Do I still need to provide I-864A? I am a little confuse.
I have just filed my tax return for 2008, so now I just request IRS to send me an offical tax transcripts, but I think since they are kind of busy, it will take some time, do you guys thinks if I just make a copy of my 1040 w/ all W2s, that will satisfy INS already?
Thanks!
Hi Missingyou,
I was not able to get IRS transcripts for current year of filing in 2007 until August of that year...I am getting ready to file AOS and for 2008 will be giving them photocopy of the 1040,plus W2,and any 1099.
Tom and Ling
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A little bit of canned editorial opinion there.
Nonetheless, K-3 is there and IS an option. It's up to you to do your own due diligence and decide what's best for you,
But like Dan says, you file the I-130 first
Randy, I am a K-3/K-4 filer and I agree with your assessment.
Moreover, I am not convinced that the K-3 is, in fact, running at the "same" time line as the CR-1. When we had those delays in the process at the CSC over a year ago, the K-3's did slow to within about a month of the CR. However, I have not observed a consistent pattern of that remaining as we have exited that period of delay at the service centers.
I have observed some, to now be running more than one or two months ahead of the CR-1, over at VJ. We have fewer cases here at CFL to form a clear picture of what is now developing in this regard.
I realize that the CR-1 has some advantages. But if you want to marry in China, and are not in a rush to have your wife work soon after arrival in the USA, then the K-3 is still an option, if you want her here in the fastest possible period of time, while still marrying her in the PRC.
I think all who are embarking on this journey, need to fully research each of the visa types, and then make a decision based on their individual needs.
I agree with both Roger and Randy.....
I think it (allot of times) depends on the Service Center that you deal with.
I would still go with the K3 if the vermont service center is the service center that is handling your petition.
The reason is that the Vermont Service center is slower than the California Service Center.
I guess the other reason (God forbid) is that if you are denied for the K3,,you still have the I-130 to fall back on to.
As far as Work authorization goes...that all depends on your service center.....I filed for Lings Work authorization and received it in one month...so for us it wasn't 90 days.
Tom and Ling
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Congratulations!
Will be filing for AOS soon myself
Tom and Ling
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How exactly does it work? Wendy is getting bored to tears here at home, on her extended vacation. We plan to mail off the AOS packet later this coming week. How long must we wait before Wendy can work? We have her SSN card and stuff, just wondering what others have experienced and what we might look to expect. Thanks!
Hi Dylan,
I don't know how you got Wendy's SS card before EAD.
In North Carolina they told Ling she would have to get EAD before
issuing the SS number, so I went a head and filed for EAD,,so that
Ling could get her SS number.
Other states seem to do it differently.....
I take it that an alien wife can not work with out both an EAD and a SS number??........
Our Time line is as follows:
Dec 15 filed I-765 "Employment Authorization" Vermont Service Center
I-797C..For I-765 Rec. December 23, 2008
I-765 approved on Jan. 13, 2009
SS# applied for and received Jan.30...North Carolina SS deparment
So as you can see,,it only took 1 and a half months.
But I guess if you are going to get EAD through AOS than it will probably take longer.
I will be filing AOS for Ling and the boys during last part of April and all of May. I wanted to wait until my 2008 taxes were filed before I file for AOS. And I don't like to give Uncle Sam his money until the last possible moment..............
Tom and Ling
EAD and SS are Federal - governed by the same laws everywhere. K-1's are "work authorized" for the duration of their visa - long enough (90 days) to allow them to get an SSN and get married.
Well Randy,
K3's are not "work authorized" at least in North Carolina ,,it may be different in other states.
North Carolina requires EAD before issuing SS#,,that is if you want SS# before AOS.
At least that is what we were told in Durham, NC
Tom and Ling
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How exactly does it work? Wendy is getting bored to tears here at home, on her extended vacation. We plan to mail off the AOS packet later this coming week. How long must we wait before Wendy can work? We have her SSN card and stuff, just wondering what others have experienced and what we might look to expect. Thanks!
Hi Dylan,
I don't know how you got Wendy's SS card before EAD.
In North Carolina they told Ling she would have to get EAD before
issuing the SS number, so I went a head and filed for EAD,,so that
Ling could get her SS number.
Other states seem to do it differently.....
I take it that an alien wife can not work with out both an EAD and a SS number??........
Our Time line is as follows:
Dec 15 filed I-765 "Employment Authorization" Vermont Service Center
I-797C..For I-765 Rec. December 23, 2008
I-765 approved on Jan. 13, 2009
SS# applied for and received Jan.30...North Carolina SS deparment
So as you can see,,it only took 1 and a half months.
But I guess if you are going to get EAD through AOS than it will probably take longer.
I will be filing AOS for Ling and the boys during last part of April and all of May. I wanted to wait until my 2008 taxes were filed before I file for AOS. And I don't like to give Uncle Sam his money until the last possible moment..............
Tom and Ling
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congrats!!! 
Tom and Ling
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Obviously GUZ has taken a position that if a common language is not spoken, then a bona fide relationship does not exist. Does any one know if there is any written policy or guidance issued by the DOS that reflects this assumption. I personally believe it is BS. My wife and I are able to communicate with each other effectively, she speaks her broken English and speak my horrible Chinese, and if there is still an need for more effective communication, we can use a translation device or software.
In fact, I am personally aware of several marriages where neither party speaks the others language. In one such case, they have been married for four years. The were approved in GUZ without a problem over two years ago.
I am sure this is one issue that was used to claim my wife and I do not have a bona fide relationship. I am getting ready to file another petition and I would like to address this language issue right up front. Any suggestions.
Thanks
Jay
Hi Jay,
I wrote a Letter of Evolution of Marital Relationship and had it notarized in GUZ before my wife's interview. Since you are going to submit another I-130,, you need to submit a Letter of Evolution of Marital Relationship with the I-130 and if you submit an I-129F submit it again with the I-129F. But I suggest that if you submit another I-130 you also submit an I-129F for K3,,this way if the K3 is denied you have the I-130 to fall back on.
As far as English goes, I submitted this in the Letter of Evolution of Marital Relationship:
"We bought a sentence electronic translator on my first visit to help our communication but now only use it when detailed questions are asked between the two of us. It is note worthy that Ling and I could even at first meeting communicate in simple English. This was because Ling had a fair grasp of written English that she could understand me. For communication we use a combination of spoken English, written English on a note pad and for detailed questions an electronic translator."
Hope this helps,,feel free to write if you have any questions.
Tom and Ling
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Congrats!
Tom and Ling
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CONGRATULATIONS
Tom and Ling
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Congratulations Joe
Tom and Ling
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Myself, being the recent recipient of a pink slip, did not include most of the items you have mentioned. The biggest thing that I feel contributed to my success of TIME. We had 4 years into the relationship. I think the days of meeting a Chinese lady and filing within 1 year of knowing her are ALMOST gone.
Also, and I know most of you will disagree, I feel the DOS and USCIS look at medical records, tax records, credit reports, criminal records, bank records and anything else they can get their hands on using the petitioner's SS#. I have seen many things that suggest these tactics.
Hi Chilton,
You may be right about the days of knowing a Chinese lady for only one year are almost gone, but Ling and I knew each other for 1 year and three months. From when I filed the I-130 to visa in hand was only 7 and a half months. So I think allot of things enter into the picture for a VO.
I don't know about the second statement Medical records are closely guarded but I guess they might be able to get them...maybe.
They got all the information from me when I had the I-134 notarized in Guangzhou...
Tom and Ling
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This is another proactive thread designed to prepare petitioners with information to prevent the INA 221(g) "Not a Bonifide Relationship" visa refusal.
My source for this information is from "Lady Hawk" who posted this on the Family Based Immigration (FBI). The URL is: http://www.familybasedimmigration.com/foru...thread.php?t=26
Evidence of Bonafide Marriage
Below you will find an example of evidence in order to show that you have a bonafide marriage. Please be prepared to present suitable documentation at the time of your visa interview. The type of documentation you present will depend on your particular circumstances and the consulate post your visa interview will be held at. If you are unable to satisfy a consulate officer that you have a bonafide marriage not entered into for immigration purposes alone, then your visa can be denied. Section 221(g) INA
* Tax returns showing joint filing
This really depends on when you file your petition
* Receipts showing joint obligations for housing and living expenses, such as rent, utilities, telephone, etc
I put Ling on all the bills that I could.
* Joint mortgages, leases, credit accounts, or any other financial obligations including joint ownership of any property
In North Carolina these usually require a SS#.
* Any evidence of joint finances, e.g. joint bank accounts, insurance policies, retirement plans, trusts, wills, etc.
Bank accounts in North Carolina require SS#,wills and such don't require a SS#.
* Phone bill, photos, and correspondence between you and your spouse - from before and during the marriage
* Any Correspondence to both spouses from family members e.g. emails or letters
* Any evidence that those who know you and your spouse recognize you as a married couple, such as invitations, cards, correspondence (emails, letters), etc. Don't forget Affidavits from people and or friends from the petitioner.
* Any other documentation or evidence that shows that the marriage is a genuine marital union. Wedding dinner with her and the US petitioner and her family. Also many pictures for the US petitioner and her family members. We took one whole day out to go and have lunch and took many pictures. Ling has a big family....
i've got a few days for vacation time
in Consulate Process: P-3 ~ Interview
Posted
Hi HelloWorld08,
The reason I was asking..Was because why don't you leave on Saturday the 6th of June and that way you would arrive in Guz. on the 7th and in doing so..You could attend ACH and get things notarized on the 8th....Just a thought....
But good luck with what ever you do.....
Tom and Ling