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Everything posted by Randy W
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Well, the consulates are part of the Dept of State, so they're not actually skipping anything, except for Colin Powell's stamp As long as they're certified by the Dept of State, that is good enough for the Chinese
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Adopting my K-1 Wife's spm
Randy W replied to chazzy1098's topic in Consulate Process: P-3 ~ Interview
The child has to have permanent resident status? Is that the same as a green card? Does the immigrant child and parent get green cards at the same time? Does becoming a naturalized USA citizenship make their Chinese citizenship invalid? Sorry for all the questions. Looks that way. You might check with an adoption attorney to be sure, but it seems like the green card is the major point there Yes, it's the green card. They can interview at the same time, but may or may not get the green card at the same time. -
Adopting my K-1 Wife's spm
Randy W replied to chazzy1098's topic in Consulate Process: P-3 ~ Interview
Yes, and 16 is the limit for automatic citizenship Citizenship by Adoption by an American Citizen http://www.uscitizenship.info/citizenship-...ry-children.htm - An adopted (step) child of an American citizen is eligible for citizenship if the adoption is finalized by 16 years of age. Your adopted child must become a permanent resident and the adoption completed and a Form N-600 is filed before the child reaches 16 years of age -
The first "paragraph" C h i n a t h e B e a u t i f u l China the Beautiful Classical Chinese Art, Calligraphy, Poetry, History, Literature, Painting and Philosophy http://www.chinapage.com/logocnt.gifhttp://www.chinapage.com/cb1.gif The picture of the month: http://www.chinapage.com/qibai/qibai171.jpg
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Yeah - baby-sitting, and a higher Roger ratio. That's what it takes
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Latest-Greatest BEST WAY to call China
Randy W replied to griz326's topic in Communications, Planes, Shipping & Money
Check out China Call-Back. It's 1.8 cents to China, 4.x the other way. We've only tried a couple of times from China, and didn't get it to work. You call a local China number, hang up, and it calls you back. You then enter the PIN and USA number. We just didn't have one person who both understood Chinese and the procedure Very good sound quality http://www.pc2asia.com/pcinfo-en.cfm?Produ...amp;CountryID=1 -
The difference between the K1/K2 and K3/K4 is the I-130. There is no category for a K-4 to adjust status, except through the I-130/I-485. There is one for a K-2. The K-4 must have been under 18 at the time of the marriage in order for the American citizen to be able to file the I-130 (don't count on someone letting it through by not noticing), and the I-130 should be filed before he/she becomes 21. The K-2 must be awarded and AOS filed for before the K-2 turns 21. The USCIS may deny the application if a K-2 is over 21 at the time of adjudication. The K-4's age is frozen by the Child Status Protection Act at the age at the time the I-130 is filed.
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How to file I-751 when K1 and K2 file the same time
Randy W replied to gxyntx's topic in AOS & Immigration Challenges
Risky - because you don't have the extension in hand, and because the date on it will be after you left. It might just work, but be careful. -
Yes for K-2, yes and no For K-4 K-2's may get a visa and adjust status up to the age of 21 K-4's, on the other hand, require an I-130 to adjust status. You may file one for your step-child if the were under 18 at the time of your marriage If they were over 18 at the time of marriage, the K-4 is a dead-end visa, since they most likely will not be able to adjust status from it
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Congrats! It's always pleasant when things go so smoothly
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These five points seem to be the meat of the issue. If you view it as a "reasonable" person without attempting to make a favorable or unfavorable conclusion, it is not too difficult to see how this case could be viewed this way. I think it important to retain legal counsel for this one. If the petitioner doesn't have the funds, then he will have to do it himself. The other thing that comes to mind, is income only should not be the soul method of determining poverty level. Anyone could have a bunch of cash stashed away. ShaQ - you've mentioned the "has received" quote a couple of times. I believe they are simply meaning that they "have received" it from GUZ. GUZ is simply a third party to these proceedings, and is actually not involved at all. This, they cannot be cross-examined or questioned. That's part of why I feel it's a slam dunk if you simply show up for the hearing to claim a valid relationship. Assets are of course allowed on the Affidavit of Support - it is the petitioner's responsibility to list and document these assets. An accountant can help here, if needed In the past, the advice on CFL has been to NOT supply unnecessary documents - now they are demanding them.
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Most of them are smart enough to not waste time with people who don't want to listen - they'll just hang up without leaving a message.
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How to file I-751 when K1 and K2 file the same time
Randy W replied to gxyntx's topic in AOS & Immigration Challenges
If you mean pay separate fees and file separate applications, yes. You will need to have the extension in hand before you leave -
Wow! Great news for everyone. Congrats!
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How to file I-751 when K1 and K2 file the same time
Randy W replied to gxyntx's topic in AOS & Immigration Challenges
Yes - same I-751 form, but there is a narrow window when it must be filed. The I-751 must be filed within 90 days of the expiration of the green card. So you must wait until 90 days before your child's green card expires, and then file within 1 month - BEFORE yours expires. That 30 day window is the only time when you can file for both together. So file within the 90 to 60 day period before your child's expires, which would fall within tthe 30 day window before yours expires. -
The red flag here was sending $2000 out of $7000 (but unproved) income for the year. Sending support money to your wife is generally a good idea - for K-1's, not so good. Other red flag is: "The petitioner and the beneficiary married during to the first visit by the petitioner to China, shortly after the petitioner¡¯s arrival." Depending on evidence and evolution of relationship before first trip to China this is a Red-Flag. If there was little or no courtship before marriage this is a problem. I married on my first trip to China, w/o a banquet. It was no red flag for me that's why I totally disagree with that and I'm sure there are many who do the same. So that accusation does'nt hold water with me. Just to clarify, what Sam and I said was strictly about the money red flag.
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Urgent: Case transferred to Nebraska after interview, Normal?
Randy W replied to kgkg's topic in AOS & Immigration Challenges
I'll bet it's "Last Update Date" -
The red flag here was sending $2000 out of $7000 (but unproved) income for the year. Sending support money to your wife is generally a good idea - for K-1's, not so good.
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You also need to look at your overall presentation. It should paint a pretty picture of a loving and lasting relationship. It sounds like you missed the mark there in several ways, especially the pictures and income.
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The big one there seems to be a lack of provable income. $7000 doesn't come close to the poverty line, let alone 125%
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Failure to respond (and attend any hearings scheduled) will result in a finding of fraud against your wife, and a 10 year ban I don't think a lawyer is necessary, but you will probably want to get one This letter and the revocation hearing are the single most important things for you to deal with. Incredible BS here. In my judgment, all you need to do is show up at the hearing, and answer any questions they have. But talk to a good immigration attorney, please.
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Absolute cruelty. So sorry you have to endure this.
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My feeling is that the IMBRA legislation will actually help your situation. Since your felony is right out there in front, it will pass scrutiny with the USCIS and GUZ will know that your fiance/wife is aware of it \and had accepted it.
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EMS for P3 and tax forms?
Randy W replied to Bill & Li Hong's topic in Consulate Process: P-3 ~ Interview
And be sure to record the tracking numbers so you can track the packages. You can go to any post office to get them. We got two labels and an envelop. It cost 3 RMB. I don't know what the mailing fee is, but it is not much. There is an English version of the tracking site. I think the whole idea is to have the return label in Chinese. It should at least help to have it in Chinese. I had my fiancee fill out everything in Chinese. It wasn't so easy to explain what to do. It sounds simple. In the first attempt, she got two labels, put one inside an envelope and mailed it to somewhere with nothing else included. It might help to go to the EMS site and get a copy of the label and fill out a mock version and tell her to do the same in Chinese. It only takes about ten days to get the tax transcripts and that seems to be the preferred method for them. I have heard of them asking for copies of all receipts as well to verify the information for a copy of a return. I highly recommend getting the transcripts. They accept it as proof of what was actually filed. Anybody can make a fake return, so they will likely be skeptical of a copy. The transcripts are just as easy - either way, you are essentially under oath that the documents are true and correct. They can check on it if they want to