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LeeFisher3

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Everything posted by LeeFisher3

  1. If he sent it to the wrong place they will more than likely return it to him unfiled. He may or may not get the check back.
  2. Did you check the box on the forms requesting expedited processing so she can get her green card faster? I'm here for you Rob. wITH FRIENDS LIKE YOU.... Just a reminder, now that you are married Ting has the legal right and responsiblity to abuse you. That is her job as a wife. You will be trained.
  3. Did you check the box on the forms requesting expedited processing so she can get her green card faster? I'm here for you Rob.
  4. Congratulations Amanda, now make sure Richard gets some rest after all his worrying.
  5. Closing this, nothing to be gained here.
  6. There is a process for a step parent adoption in China, as in the US the worst of the annoying adoption requirements are waived. Have your wife check with an attorney in China.
  7. That may have been true in the past; however, the current experience, seems to be a week to ten days, from NOA-1 to letter of Biometric Appointment mailed. Ours was in hand, exactly one week, after the NOA-1 was postmarked. Most over at VJ, (April 2009 filers) are showing the same results. The fee increase, and productivity goals within USCIS seem to have changed the process significantly of late. Our NOA-1 to AOS interview(s) was 74 days. While 7-10 days is beginning to become the new standard, jumping the gun and calling USCIS to find out where it is after 7 days is a bit excessive IMHO. Now the OP has been told not to call back for 60 days, so if it doesn't come in the next few weeks they are stuck in USCIS limbo because the USCIS is looking into it.... While we might be able to call a business and make demands and inquiries based on expected performance that tact has not seemed to gained much traction when dealing with government agencies. The only thing to do in the short term is to be patient, but often that's considered unAmercian.
  8. Only a week, I'd suggest being a bit more patient. Getting the Biometrics appointment within a month of the receipt is common where a week is an oddity.
  9. I'd be willing to bet you will get the K-3 approval in the next few weeks and get moving to GUZ. Then you need to do whatever is required to get the I-130 to continue processing and push it through NVC as quickly as possible. The objective is to have the K-3 get a place in line at GUZ and have the I-130 catch up with it before the interview and take the K-3's place in line. It's sad that your case got stuck, but at the moment you have done all you can for the moment, hopefully the congressman's inquiry helps things to move along a bit faster at VSC.
  10. If your bank "use threat, duress, or coercion to try to force a person by fear or deceit to provide his SSN in an unlawful manner", I would suggest you simply take your toaster and go somewhere else. I doubt that you would want to do business with them Bank of America has trained their officers in the proper identification requirements for accounts and makes it much easier for many, unfortunately not all banks perform their due diligence. It can be relatively inconvenient to change banks because they haven't trained their employees properly, it's much the same as dealing with the SSA with whom we see people battle on a regular basis.
  11. The Chinese consulate in Chicago is pretty easy going about the apply in person rule, try sending them an email asking if it would be possible for your wife to submit for a name change amendment for her passport by mail service. We explained it would be extremely difficult to come in person and they said no problem. We submitted the form along with the fees for the process and mail service along with a prepaid FedEx label. Also included a copy of the email they sent. A few weeks later it arrived back with the change.
  12. Sounds like the US in the last century. All of which have nothing to do with the original post. Guess you missed the last part of the news link in the original post where it said:
  13. The sad part is that this is a call center where they are trained to lookup case status on the web, the same as you can. They often give advice based on their level of expertise, which I assume has to do with how many times they ask "would you like fries with that" at their last job.
  14. The ticket agents in China march to the beat of a different drummer, at least they didn't tag her for extra luggage fees on the domestic leg of the trip. For anyone flying to the US a passport number is required to be collected no later than check in for the flight that will enter the US, this is true for USC's as well. This list is sent to Homeland security prior to the flight leaving for clearence to depart to the US, otherwise the flight will be refused entry to US air space. It is a toss up as to whether the ticketing agency or the airline is responsible for that, but if it's not there the airline has to do it. This situation is a whole lot better than being told you can't get on the plane, which has happened to more than one and the airline was wrong and leaving the visa holder standing at the gate in tears.
  15. Depending on the congressperson and how the case is presented to their aid you may get some traction out of it. Just because some have been blown off, give it a try. You have both a senator and representative, the representative is usually the office that helps with these things, but some senators offices have gotten involved. The objective is to get the USCIS responding to requests about the case and being reminded that this is an age out situation. That and the request for an I-130 to adjust status for a K-2 should raise some eyebrows somewhere and hopefully get things moving quickly.
  16. I've never heard of a K-2 requiring an I-130 before, sounds like you have an IO who is an over achiever or annal retentive. The age out of a K-2 issue has gone both ways for our membership and the USCIS is not clear on how this is to be handled by the IO's. I'd suggest taking the family to your local congressional office and ask for their assistance in getting the USCIS to expedite the K-1 and K-2 AOS process, as the K-2 is dependent on the K-1 and you are in a situation that congress never intended when it wrote the laws. The point to make to the congressperson is that the K-2 visa can be issued up to the day before a child turns 21, but the USCIS reads the same law as that AOS must be completed before age 21. In your case their standard(lengthy) delays and undocumented requirements (I-130) may delay the case and have your daughter deported as an unintended consequence of the misunderstanding of the laws congress enacted and you would like them to help keep your family together.
  17. That means you're off to the post office in the morning? If not I get to tell Ting you really don't love her as much as you said.
  18. You mean its not legal before you get married? I have to have a talk with Jie Let me ask a question or two about marrying as soon as possible. I will probably go the same route. Apparently, she doesn't need a social security number to get married in my state. So, is it best to wait until after marriage to get the social security number? She has to have it for a driver's license. Can there be a name change, or does she need to keep her current name until her status is adjusted? she can keep her same name forever In reality she will retain her Chinese name in China, but US law allows her to change her family name when married if she wishes. This is one reason it is possible to have a name amendment placed in her Chinese passport for a small fee to maintain a link between the passport and green card.
  19. You mean its not legal before you get married? I have to have a talk with Jie Let me ask a question or two about marrying as soon as possible. I will probably go the same route. Apparently, she doesn't need a social security number to get married in my state. So, is it best to wait until after marriage to get the social security number? She has to have it for a driver's license. Can there be a name change, or does she need to keep her current name until her status is adjusted? There is a specific rout you need to follow, Lee has the skinny on that. You need to wait 10 working days after she gets here to get her a SSN. My personal view is that it is easier to get the SSN in the same name as the passport and get it changed once the USCIS puts their stamp of approval on the name change. In fact, according to the SSN POM's it is not legal for an immigrant to get their SSN in any name other than the one that the USCIS has in their system. Some have been able to get their SSN in their married name before the USCIS has it in their system, but in many cases it's a major battle and I have heard of more issues raised by the SSA when attempting to do this, such as hearing "she's married now so the visa is not valid and no you can't have an SSN" to "you must wait for a green card to get an SSN". In most cases this makes it really hard on you and your spouse, so take the easy route. It's only a piece of paper, but it's an important one that helps to get added to a checking account, state ID or drivers license. One thing that is helpful in so many ways is to get a simple postcard and mail it to your fiancee in their passport name at your home address. Take it to your local post office and mail it, should arrive the next day. Also check to be sure your post office doesn't require their name to be listed for delivery to your address, if so, list both the passport name and married name. This provides evidence that can be used to prove residence as validated by the USPS. B) The important thing to do when going for an SSN for a K-1 is to print out a couple of their Print the Social Security Application Form Also print this to take with you, it solves many problems when you get the uniformed SSA employee: RM 00203.500 Employment Authorization for Nonimmigrants When visiting the SSA take: passport, notary birth record (original and photo copy) and the post card. Your passport provides: Legal Name and immigration status (visa and I-94). The notary birth record provides proof of age, they only get the copy but can compare the original with the copy if they like. First give them the copy and if they ask for an original inform them they can validate the copy or make a copy, but the original is to be returned as it cost $2000 to get another one (price of a round trip to China). The really long form you printed is your proof the a K-1 is work authorized, I suggest highlighting the proper area in Section C,1 Aliens Work Authorized Without Specific DHS Authorization. Use this only if they push back on issuing the SSN. If they still refuse calmly ask for a supervisor and show them the POM and ask them to comply with SSA procedures. Most importantly don't get mad, angry or cause a scene as they can throw you out with a possible ban on entry to that office. Sometimes the K-1 is not listed in the SAVE system, if that is the case stop there and come back 3-5 days later and try again. You don't really want to wait for a manual check as they sometimes get lost. If they are not in the SAVE system within 20 days of entry you need to do the manual check, but get the name of a supervisor to check on the status of the inquiry and call them about a week later. The big thing is not to let it sit because at 70 days after admission they will be able to refuse you and there is nothing you can do until you get EAD or the green card. Once they approve the SSN the card should arrive in about 10 days. Once it arrives, I suggest getting a State ID with their US address on it. It too is only a piece of paper, but it can open many doors in getting settled. With both of these getting on a checking account in their married name is pretty easy. Take your marriage license with you and most bankers will add them to the account in their married name without any question.
  20. The information concerning age 16 is not valid in your case, but you must begin custody prior to the child's 16th birthday. Child Citizenship Act of 2000 The child must meet the following requirements: • Have at least one American citizen parent by birth or naturalization; • Be under 18 years of age; • Live in the legal and physical custody of the American citizen parent; and • Be admitted as an immigrant for lawful permanent residence. In addition, if the child is adopted, the adoption must be full and final. There is one additional requirement that you must meet in a step-parent adoption, 2 years custody. Now these items do not have to happen in any specific order, so the 2 year custody began the day he entered the US. Lawful permanent residence will occur as soon as he has a green card, and the adoption can take place any time prior to his 18th birthday, but I wouldn't push it that far. Once all of these conditions have been met you can file for a US Passport for him. Here is my experience - Adoption of Stepchild, For those who have minor children In this type of situation do not bother with the USCIS because it will cost you money and take forever to get the paperwork done. You just take your child down and order a passport at the post office., but be sure to have all of the requirements met and know that it falls under the "Child Citizenship Act of 2000" because the postal workers are not visa experts and will try to screw it up. Based on a step-parent adoption you need to file for the passport before his 18th birthday with a copy of the adoption decree, proof of residence(copy of green card), copy of US Entry stamp(establishing beginning of 2 year custody) and his Chinese passport.
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