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Everything posted by Randy W
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Nothing is better than an intelligent, benevolent dictator who knows what needs to be done and keeps the best interest of the people in mind. Unfortunately, these have been few and far in between over the course of history (know of any?) China's system works and will continue to work only to the degree that this holds true. There are no checks and balances to ensure that it will
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The options are: Tell us your circumstances and see what we think Talk to a lawyer You need a strategy, which may include filing for waivers, but it will definitely depend on the circumstances of your denial. Best approach (regardless of which petition) will always be to submit additional evidence of relationship, which may include getting married.
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The visa officer's decision is not appealable - Google the phrase "doctrine of consular non-reviewability". Marc Ellis is aware of this, and has made reference to it himself. You are not accused of anything yet - your wife MAY be accused of Fraud and Misrepresentation when the USCIS reviews the package from GUZ. This is VERY unlikely, but like Marc points out in his article, watch your mailbox for anything from the USCIS regarding your case. This is where your due process comes in - you ARE notified of any court action, and given a chance to respond. They may re-affirm and re-submit your petition to GUZ - we have seen this happen. Good luck Thanks Randy, What do you think about filing a I-129 as Darnell has suggested? Yes - that's your best next step - I agree
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The visa officer's decision is not appealable - Google the phrase "doctrine of consular non-reviewability". Marc Ellis is aware of this, and has made reference to it himself. You are not accused of anything yet - your wife MAY be accused of Fraud and Misrepresentation when the USCIS reviews the package from GUZ. This is VERY unlikely, but like Marc points out in his article, watch your mailbox for anything from the USCIS regarding your case. This is where your due process comes in - you ARE notified of any court action, and given a chance to respond. They may re-affirm and re-submit your petition to GUZ - we have seen this happen. Good luck
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I agree with Dave here. I think some are getting the impression that they can "erase" an issue simply by getting the USCIS to "approve" it. I think it's best to try to paint a pretty picture than to try to sneak something through.
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How would she normally sign something? Your signature is your own and should be what she is comfortable signing. Practicing an Americanized signature is fine, but not necessary. It's a good idea here in the states, though.
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Loosing focus on docs after P3
Randy W replied to jhammer's topic in Consulate Process: P-3 ~ Interview
How, exciting ! This process gets more and more , exciting as the final hours approach ! I thought it would be more boring after all I did to get it started ! Heh. Wrong by me. Now, am I to understand this, because, I really need understanding to posture most expertly, that this entire 1 year ( happy estimate ) process and all my efforts so far will lead to a grand-finale where nearly half of the key information in my case will be presented for the first time in this interview of just a few minutes by an overworked and ( probably oversexed ) consulate officer who will choose not to look at even most of the objective paper work my SO will come prepared to show ? I mean, I was subscribing to the theory that the decision for approval/denial is already made before the IV much of the time... If that could at all be true, how could it be if they don't have the I-134 !! Letter of Employment or Taxes! A shot in the dark? What - the VO carefully reviews all the new critical information stuffed in page after page w/o a prejudicial opinion on the case the whole time watching the clock go by, and oh, supposed to be "interviewing" my SO at the same time ? Slow down, there! Your SO carries what she will into the interview. The VO looks at what he will. They already have what they already have. He MAY not look at ANYTHING, if the decision is already (or almost already) made. The moral of the kitchen sink is BE PREPARED to show the VO anything he MAY want to look at. And yes, the rest of your life may hinge on a five minute interview. -
Nothing but good from here!
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I guess they can't find Section 5A either. B) The INA has changed in structure over the years, including recently with the IMBRA regulations. The Section 5A reference that they have made over the years may suimply have referred to an older version of the INA. It is most likely still there, either under a different Section heading, or in an amendment, of in the 9 FAM that the State Dept follows. Even so - they gave you the same response they do everyone else. "Not a Bona fide relationship"
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Health care options for loved ones upon arrival
Randy W replied to freedream's topic in AOS & Immigration Challenges
No - but you MIGHT be asked (in court) to re-imburse these expenses by the government. I think this is pretty well unheard of. The low income or free cost medical things are usually not considered "means-tested" benefits. -
Wow! Good luck! Party to follow?
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I often talk to or get stuff from members who undergo a whiteslip... so I posted it so that it doesn't have to get associated with any member in particular. but it's a letter directly from a VO. Claiming you didn't apply for a labor visa as the reason for the denial of a family visa is 100% insane. But I think what it points out is that when you ask someone at the consulate for an opinion on your case, they take a cursory look at your case, and give an off-the-cuff reaction, rather than an official position.
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USCIS Form I-290B What USCIS decision would you appeal? They approved your petition. All you can do for now is sit back and wait. Others have gotten an I-130 approved after a denied K-3. Learn what you can about the reasons your K-3 was denied, and try to address those with the CR-1. Be sure to watch your mailbox for any communications regarding the K-3
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David, where did you find this?
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Also have him prepare an income and expense statement which would probably give a more accurate picture of your situation. You have rental income. What else are you living on? If you don't know, get your accountant to tell you.l
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" . . . And besides we're not hiring"? That would have to be the most absurd answer those people have ever given out.
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SS a warning, Jiaying's son's file was transferred to CSC, and then back to MSC.
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Tourist visa (Requirements)
Randy W replied to timb's topic in Communications, Planes, Shipping & Money
I've applied for four tourist visas, and will be applying for another one soon, and I have never filled out the "Contact in China" fields. I've never had any problems. I use http://www.visamailservice.com to apply at the Washington, DC consulate. Same here: will be leaving this month on the 23rd I have always left the "Contact in China" blank! No problems! I've got a built-in contact - no problem! -
You've got two competing forces at play here - USCIS isn't real interested in denying a petition that they've already approved, and the consulate usually isn't real interested in providing the evidence that the USCIS would need if they were to actually try to revoke it, since it could be used against them (the consulate). The result is almost always a dead-end - no action taken, and an expired petition. For what it's worth, it would go to the service center that processed it - in your case, VSC.
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Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of L
Randy W replied to HKG's topic in Interview Results
There may not be one - it's in your hands -
Tax Return and filing a joint return
Randy W replied to hankster's topic in AOS & Immigration Challenges
You can deduct anything you want, as long as you're not caught. Perhaps he found a category to sneak them under. Hope he's not caught. -
smartphone translator?
Randy W replied to Sebastian's topic in Communications, Planes, Shipping & Money
Check out Pleco also -
Also check out Online Chinese tools especially Chinese/English Dictionary
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http://candleforlove.com/forums/index.php?...st&p=165742 A discussion of 3rd party correspondence with USCONGUZ
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Thanks, I'm checking for the free version. I thought there was a trial also, but I can't find it for the English version. . . .