Randy W

Thanks, Jesse!

http://i43.tinypic.com/wh07ww.jpg http://i39.tinypic.com/30rmd1l.jpg

http://i41.tinypic.com/292tulf.jpg http://i39.tinypic.com/25rku2f.jpg I count 4 pairs of eyes on me here http://i42.tinypic.com/2eoznlu.jpg

Now try taking one face on!

Yes - the two places I was admonished to not take pictures were of the soldiers in Tianamen Square, and around the consulate - either of the line outside, or of the fourth floor screening area.

Of course, you can apply for a B-2, but even without a pending CR-1, the approval rate is fairly low (around 20-50%). Perhaps someone else will have something to contribute here.

does the medical condition need to be "life-threatening"? Fortunately for Tracy, her condition is *not* life-threatening. Do you remember on what grounds that IR-1 member was denied? Did that member apply for a medical B-2? Cancer seems pretty serious to me. It doesn't make sense why the consulate would deny that. Perhaps that member couldn't show how treatment would be paid for (i.e., the member would become a public charge to the state if admitted)? No, sorry for not being clear there. Her husband was living with her in Fujian province, and (I think) the cancer was in remission, so there was no hurry, and no B2 application. They did need a co-spanosr. Being from Fujian, the consulate suspected fraud - even interviewing them in separate rooms My point was that even with her medical condition, they received no special consideration from GUZ. Hopefully, you'll get a better reception.

We had a recent member, a cancer patient, go through "blue-slip hell" with the consulate for her IR-1 visa, so unfortunately I'm not very optimistic about your chances. Perhaps another website that specializes in medical issues, or the doctors themselves might be better able to help you.

You might state your circumstances and how the medical B-2 would differ from a tourist visa, but

We renewed Jiaying's once, and had sent in a third application when her green card came. The cost for the second (after the fee increase was $340, but, for everyone who filed for AOS AFTER the fee increase, they are free. You file an I-765 EAD application, also for renewals, and include the mailer thing you got with your previous card. Usually, you won't have to worry about this.

From Jim SinoTexas: You might also check out the green card requirements that we've been talking about.

I would get legal advice for the specifics of what you want to do, because of the conditional card expiration. But I would think that with a I-131 and domicile evidence (bills, bank account, driver's license) she wouldn't have any trouble for that short of a stay. Her 10 year card may be approved without an interview, in which case you would need to be able to receive the card in the mail (no forwarding). But can she come back to the US if she has to interview for the 10 yr card?

You might state how long (how many years) you plan to stay in China, and if you plan to move back. Will you maintain a US residence, receiving mail, bills, etc.? Will you maintain your driver's license and voters registration? Would your child be an American citizen with a passport? Does your wife have a 2 year or a 10 year green card? The tools you would have include the I-131, and the I-130, with worst case having to file an I-130 a year before you plan to move back.

Yes, but the problem is if someone gets the impression that you're trying to do that - she can be denied entry if it looks like you're not maintaining your residence in the US. You may need to look into applying for a re-entry permit (I-131)

So where have you (recently) heard of them holding the I-130? I think people here are assuming that that won't happen any more. But, yes, I agree that the whole thing with holding up I-130's and the I-824 complicated the life of K-3/CR-1 applicants when they were doing it.

In that case, you could file the I-824. I was under the impression that the second change was that they were no longer holding the I-130. The whole point here is that you have options - choose the one that works. Right now, his choice is whether to send in the I-129F or not. He can decide later whether to pursue that option or not.

I'm not quite sure about the mechanics here, but I believe the option is available to a K-3 visa holder to have the CR-1 processed in their home country. The I-824 used to be filed for this purpose, but I'm not sure that it applies if the I-130 is already at the consulate. Seems like simply notifying them that you wish to pursue the I-130 would work (while also NOT filing the I-485 for AOS in the states), but I don't know. You're right - the procedures have changed a couple of times in recent years.

The option that Dan isn't mentioning is to get the K-3 visa, have her come to the states, and then return to China for the CR-1 interview. If the K-3 is dropped, there is no extra fee. If the K-3 interviews before the CR-1, then the cost is $131 (plus a round trip ticket or two) for a little extra time together in the states. You can send in the I-129F NOW at no cost, and make your decision about =which path to follow when you have a more clear picture of the timing of each.

Section 212 of the INA - http://travel.state.gov/visa/frvi/ineligib...ities_1364.html from Denials of Family-Based Immigrant Visas at Consulates and DHS Petition Revocation, by Marc Ellis It is a lifetime ban which can only be brought against your beneficiary in a US court of law. The whole point of Marc Ellis' legal discussion is simple - watch your mailbox for any communications from the USCIS. You WILL get a chance to represent yourself.

You watch your mailbox for any communications from the USCIS. It will be a NOID notice of intent to deny hearing, or possibly a request for more information, as happened to one of our members Usually, however, you won't hear from them at all, and all you can do is file a new petition.

A (white slip) visa denial is final - it may not be appealed, overcome, or rebutted. What MAY be appealed, overcome, or rebutted is the petition. A white slip is a notice that the petition will be sent back to the USCIS for possible revocation. If this is successfully appealed, overcome, or rebutted, the petition will be re-affirmed, and a visa possibly awarded based on the re-affirmed petition. This is very rare, however. Most simply start over and file a new petition, which generally is successful. So while a visa refusal is final, you can always try again.

that would be nice!

Hi - good to here from you again. They took so long processing Jiaying's AOS that we got the 10 yr card instead. Should be good. I believe CSC is faster these days

Pretty brave, Jesse. I hope it goes smoothly

I dig this up once in a while for a thread like this. This is what DHL had to say when a member contacted them about the delay, back in 2003