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Everything posted by Randy W
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Yep - Mutianyu.Thanks for sharing
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Didn't you say the income was documented on the 1098T? Why would you not submit a copy of those? If you are concerned that your tax return doesn't show your true income, have an (one page) (income and expense) accounting statement drawn up. My advice - don't try to have your SO provide what may sound like a line of BS - keep it short, sweet, and simple - and on paper
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Phelps apologizes to Chinese fans
Randy W replied to Finer in China's topic in The Middle Kingdom - 中国
possession and use, Oscar. The cops raided the place, caught him red-handed, along with the rest of that 'entourage'.Oh, didn't know Phelps was arrested with possession. If that's the case then he should do the same penalty as anyone else for that. I thought he was identified in a picture, not arrested or caught red-handed. . . . -
include a copy of your NOA1 receipt for the AOS application. 'course you're probably not there yet - include the I-131 with your I-485 for free. SSN is not necessary
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A new 99Ranch opening soon, somewhere around H-Mart
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This problem goes back a while posts from 2003 with no more information now than then. "According to DHL, several attempts to contact GZ to resolve the issue have gone unanswered. It has now been more than 5 weeks, and GZ has failed to resolve this issue."
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The marriage penalty kicks in when your spouse has a sizable income, since that income is tacked on top of yours, putting you into a higher tax bracket. In this situation, you're better off (financially) to wait until January. The marriage benefit, on the other hand, happens when your spouse has no (or very little) reportable income. You then file your income tax for the same amount of income, but at the lower married filing jointly rate. In this situation, it is advantageous to get married in December
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SSN process for adult child accompanying parent?-edited
Randy W replied to Melanie's topic in AOS & Immigration Challenges
I can't help with the school, except to suggest GED For the SS, however, he will need EAD, since K-2 is not "work authorized". AOS paperwork is the same. -
This is why I am worrying. There are no repercussions for having filed outside of the 90 days. That quote from VJ, although correct, is misleading. Of course, there is nothing wrong with filing within the 90 days.
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2 years is the magic counter used by the USCIS (I believe it's even in the INA) - if your marriage lasts 2 years at the time of AOS, you get an unconditional 10 year card, instead of a conditional 2 year card. That's 2 years from the date of your marriage.
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Latest-Greatest BEST WAY to call China
Randy W replied to griz326's topic in Communications, Planes, Shipping & Money
Yes - you would need a computer connected to the Internet - plus the iTalkBB box connected to a phone line - not exactly portable -
The 'trick phrase' is: Country of adjudication . This is the country where the interview takes place, and all forms are sent TO this country's IV unit. DCF in China -> adjudication in China DCF in Hong Kong -> adjudication in Hong Kong If it's not a DCF, then the paperwork is filed first in the USA - K-3 in HKG -> must marry in HKG, file I-130 for adjudication at GUZ, with followup I-129F for adjudication in HKG. Good Luck, with whichever route you decide to take. DCF has residency requirements - they will not be able to file an I-130 in Hong Kong unless they have lived there for the minimum requirement. The term 'DCF' (Direct Consular Filing) is not an official term - it refers only to the place where the I-130 is filed (at the consulate). You will not find it on USCIS or DOS web sites.
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If GUZ wants to deny you, they will deny you - 1st, 2nd, or any other time. They decide to deny, and then come up with the reason. My advice is to paint a picture of a bonafide relationship in your application with relationship evidence - don't spend so much time rebutting "reasons for denial" that you actually provide them with ammunition
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I am confused. I thought you only could DCF for CR-1/IR-1 in a foreign country and had to go through USA for K1 or K3 visa? Also isn't all new IV activity reassigned to GUZ from HK? Correct - you APPLY for a DCF at the consulate serving the foreign location where you live. I-129F's (for a K-1 or K-3 application) are mailed to the US address indicated in the instructions. K-3's are always processed in the "country" (in this case, Hong Kong) where the marriage took place
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You aren't getting married in China - it (the K3) will not go through GUZ. You are getting married in Hong Kong - it WILL go through the Hong Kong Embassy
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Marriage in China vs USA with K1
Randy W replied to shadeOgray's topic in Consulate Process: P-3 ~ Interview
They ARE doing something here - the most severe punishment available to the USCIS. She is under deportation proceedings. Intentionally deceiving the government by getting married? I doubt that would hold water. The only claim they could have is that she violated the letter of the law, and I have a hard time believing even THAT would stand up. -
I think you got some good advice there. Remember that HK is a separate country for administrative purposes. You must marry in HK in order to interview for the K3 in HK. The procedure for marrying in HK is different than it is on the mainland China
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Marriage in China vs USA with K1
Randy W replied to shadeOgray's topic in Consulate Process: P-3 ~ Interview
Did what? Got married? I would hope that she'd have a good chance, if she fights it out in court. The immigration judges can order the USCIS to adjust her status anyway, even if found "guilty" -
Marriage in China vs USA with K1
Randy W replied to shadeOgray's topic in Consulate Process: P-3 ~ Interview
It's good to hear from someone who knows of an actual case - I'd say this is pretty conclusive that getting married in China before using a K-1 visa is not worth the risk - whether she ends up staying or not -
They're also a challenge if English IS your first language.
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Wait - your fiance is American, or Chinese? Are you talking about the applicant's USA tax return, or the beneficiary's Chinese tax return? Why would your fiance be telling you when YOUR taxes are due? Is the beneficiary (whether you or your fiance) filing a I-134? details needed
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Social Security Number required for AOS filing???
Randy W replied to number1poophead's topic in AOS & Immigration Challenges
You are not required to have an SSN, but if you have one, full it in. Your choice whether to wait for it or not. -
Okay, we have 2 days until my wife's I-94 expires, and we have not yet filed the AOS package. Would it be better to rush the package off without the I-683 and get the RFE, or wait until we see the Civil Surgeon and get the I-683 completed? Why would you hurry it? You DID get married within the 90 days, didn't you? Get the vaccination supplement to send in with the rest. Don't worry about the I-94
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Panic stricken - AOS crisis or not crisis?
Randy W replied to Bill & Angel's topic in AOS & Immigration Challenges
You must USE the K-1 visa before its expiration 6 months after it was issued. You did that. Now it is good for 90 days. You are required to get married in the 90 days. You may file for AOS whenever you get around to it - but after 6 months to a year, you may have to file an I-130 with it to ensure you don't get denied. Bottom line - get the application in, but no 2 day rush job is needed. Many of us have filed after the 90 day K-1 visit expires, with no repercussions.