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Everything posted by Randy W
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We got our NOA's for AOS, EAD and AP
Randy W replied to TaijiMonkey's topic in AOS & Immigration Challenges
That'll depend on your ASC. Ours is fairly busy and we were turned away at a time that was MUCH more convenient. We had to come back at the regularly scheduled time (or re-schedule, which I didn't want to do) -
Bringing Baby to the states...
Randy W replied to Magnus1977's topic in Communications, Planes, Shipping & Money
Any person born within the PRC to one or two Chinese parents is considered a Chinese citizen. Any person born to an American citizen parent is an American citizen and can get an American passport. Thus, dual citizenship Anyone who takes on (by their own choice) citizenship of another (non-PRC) country relinquishes his/her citizenship in China -
Sounds like they want to know that your wife doesn't still have a relationship with her ex. They sometimes insist on the extra evidence for the children. This is no big deal - I would recommend that you NOT overwhelm them with relationship evidence if that is not what they've requested.
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I-131 Question... advance parole or re-entry..?
Randy W replied to Melanie's topic in AOS & Immigration Challenges
okay, then about part 7, what are they supposed to write for why they qualify? Just that she is a K-1 awaiting greencard? What about evidence, what do they need to provide? Yes. And any reason such as "return to China to visit relatives" will do As far as evidence, a copy of her passport biographical page, a copy of passport page with visa, including I-94, and 2 passport photos -
I-131 Question... advance parole or re-entry..?
Randy W replied to Melanie's topic in AOS & Immigration Challenges
Advanced parole. She would need to have her green card to check the conditional resident box. -
In the past, the USCIS has reaffirmed a petition without the revocation hearing, but from evidence mailed in by the petitioner. From what you're saying about the letter, it sounds like they may very well do that here. I think it all depends on what the reasons are for returning the petition. If GUZ leaves the door open a little, they might just let you through.
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You can go to a consulate anytime you're ready and get an American passport for him. If you want him to have dual citizenship, well, sounds like you would get the Chinese passport first. He can maintain the dual citizenship at least until age 18 - after that, China may or may not require him to choose (not sure)
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I guess the question is, what does "continue" mean? What are they asking him to do? He definitely needs to reply, but why not just withdraw? Seems like that would simplify his life, rather than waiting and hoping for a re-affirmation that may or may not ever come? But if they are asking him for evidence, that may mean they would send it back if he can answer the concerns.
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What does the letter say? Is it a revocation hearing
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NOA with AOS Interview Dates Received
Randy W replied to rogerinca's topic in AOS & Immigration Challenges
Don't toot too hard until it's all over with, but yes, that's terrific! Good luck at the interview and I'm sure we'll know. -
is he a young man with good knees ? He'll need 'em!
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We've heard reports of people being turned away by the Chinese guards if they go to a consulate that doesn't serve their district. We've also heard reports of people walking on in the next day, and the application being accepted.
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I would wait and see if you need to, and then fax, email, or write them (DO NOT use the paid phone line) and TELL them what you need to do. They are very cooperative with something like this, but questions can fall into a black hole. I would tell them you want to delay your son's interview (and give them an acceptable range of dates). It's best to NOT delay your fiance's date, if you don't need to Then a follow-up email to tell them when you'll be there, and that you'd like the interview at that time. One of you two MUST be there for the interview (hand your passport to him so the VO will know you're there)
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A Concern.....Possible Govt Watch List
Randy W replied to Henry and Mei's topic in General Visa Discussion & First Steps
You are already a citizen, so this should not be a concern. If your SO, on the other hand, is writing similar letter to Congress and the President, I would suggest that she stop immediately. Seriously, the ineligibilities refer to someone applying for a visa, not for you or your brother. -
NO - you CANNOT sit on a jury, and may lose your right to apply for citizenship if you do (or is that for voting?) Be sure to notify them of your immigration status. They get names off the driver's license database and other places that can include non-citizens.
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I'm sure she'll do well!
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Registering with local authorities
Randy W replied to TheMace's topic in Communications, Planes, Shipping & Money
When it comes to proving a bona fide relationship, you need to prove that relationship to the satisfaction of US authorities. This evidence takes the form of Airfare receipts, passport, photos, hotel bills, and so on. Registering visits with the Chinese government have nothing to do with proving a bona fide relationship. Marc is simply using this case as an example, and listing registration as a pro. It's simply one piece of evidence, and, yes, completely unnecessary for any US application. -
Some excellent writing, Marc. Thanks for spending the time with us. I hope you'll be here for a while.
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Registering with local authorities
Randy W replied to TheMace's topic in Communications, Planes, Shipping & Money
Yes - I think just go with the flow there, your SO should be able to steer you correctly, per local requirements, on that. Most likely, the SO doesn't have a clue, unless she has run into a problem before. There may be additional local requirements, but I believe this is a national requirement. Sorry, guy, but I let my wife handle these things. There is no problem at all with registering - go for it. -
Registering with local authorities
Randy W replied to TheMace's topic in Communications, Planes, Shipping & Money
Yes - I think just go with the flow there, your SO should be able to steer you correctly, per local requirements, on that. -
We didn't have to file for conditions, but it seems like most have been in the 6 to 12 month range.
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But isn't it true that the consulate ALWAYS has "Evidence that USCIS did not have available at the time of adjudication" in the form of the P3, P4, and interview results? So even if they decide to follow this guideline, they can still deny the same petitions (that is, it's simply a matter of finding the correct reason once they decide to deny)? And aren't the standards different between USCIS and GUZ? Legally married vs bona fide relationship? Take Anna Nicole Smith and Howard Marshal, for example. They were legally and legitimately married. Therefore, the USCIS should have approved their petition. (barring any third party correspondence from Howard Jr). But a reasonable person might conclude that she had married him for the money, and that their relationship was not bona fide. So GUZ might reasonably deny the visa. So we have two different agencies with two different conclusions. My point is that it seems to me that the returning of petitions is a sham, especially since the incentive is for the Consulate to NOT provide more than a cursory reason for refusal, since it could be overturned. The consulate is also not a party to the NOID proceedings and generally does not provide adequate evidence.
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The biometrics are easier to reschedule, though. Just go to the ASC and give them the appt letter. They will send you a new one with the new appt date. Ordinarily, I wouldn't suggest doing that, but this may be one of those occasions where it's worth considering.
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Who is correct, DOS or GUZ?
Randy W replied to phbryant's topic in Consulate Process: P-3 ~ Interview
Yeah, just use the PIN system, it's easy to get through to "GUZ". But, who knows who you're really talking with in China. Thanks for your opinion on DOS. You're getting through to someone in Shanghai, who may or may not have access to the information you're looking for. When they instituted the call center in Shanghai, that was pretty much the end of being able to call in to GUZ. -
Great news! Congratulations!