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Everything posted by Randy W
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Yes - exactly why I favor the "pile of paper" approach - they can punch their own damn holes!
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They're more interested into getting it to fit on their Acco binders than they are in the 'craftsmanship'.Make things easy to find, and put it all onto 8 1/2x11 or A4 paper is what I recommend.
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Man o' Man, this hassle with USCIS makes the CR-1 visa look better and better. Depends on whether you'd rather hassle with GUZ while separated or USCIS while together.
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Why did you decide to marry outside your culture?
Randy W replied to Dennis143's topic in Culture & Language Discussion
OK, I'll fess up. This is a re-post of a topic that I made back in 2005. I thought for sure Randy'd post the link. Now, I kind of wish he would, as back then we had more interesting debates, ah, discussions. Did you mean this one (it's close)? http://candleforlove.com/forums/index.php?...st&p=163579 -
Yes that's correct - just get it in in a reasonable time frame. 6 months would probably go through without a problem up to a year.
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Things like "in the same boat" and "on the same page" can have different connotations in English, but their Chinese translations still mean the same thing, or be in a different ballpark altogether. Jiaying came across something the other day - 3 different English phrases, for which her book all had the same Chinese translation. Wish I could remember what it was. Watch the metaphors and idioms, and don't think something necessarily means the same thing in another context.
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Your petition is being returned to the US with a recommendation for the USCIS to rescind it's approval. USCIS decisions may be appealed by using Form I-290B http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD The Guangzhou consulate is part of the Dept of State (DOS) - their decisions may NOT be appealed. If the USCIS decides to make a ruling on the NOID, you will be notified by mail. Perhaps it's best to talk to a good immigration attorney NOW.
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Why did you decide to marry outside your culture?
Randy W replied to Dennis143's topic in Culture & Language Discussion
but I do get a free post! -
Why did you decide to marry outside your culture?
Randy W replied to Dennis143's topic in Culture & Language Discussion
OK, then! I won't! -
Good post, here. First off, I would say - don't feel that conversation is an obligation. Some people are uncomfortable with "pregnant pauses" - don't be. We've found that things that need to be communicated are, everything else is optional. I'm not studying Chinese at all far now - it can be confusing if you're both trying to learn a language at the same time. You learning Chinese may not help the level of conversation for now, since it may just keep the conversation at a level you understand.
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No - they take your thumbprint and a picture for the EAD card. Expect 60 to 90 days to get the card. When sent in without the I-485, the fee is $385 or thereabouts. It is free with the I-485. Filing for EAD separately works only with a K-3 to allow you to work while postponing the AOS application to get the 10 year card. The K-1 EAD would expire within 90 days, probably before you get it.
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K1/K2 USA Entrance Requirements
Randy W replied to Hanging On's topic in Consulate Process: P-3 ~ Interview
Except that it was his choice to return to China. The court battle didn't play out. Yes - she would have to file the I-130, and wait about 9 years, since she doesn't want to become a citizen. -
K1/K2 USA Entrance Requirements
Randy W replied to Hanging On's topic in Consulate Process: P-3 ~ Interview
Mobility was the most important thing to him. As long as the court case was pending, he was not able to visit China. He chose voluntary departure. -
K1/K2 USA Entrance Requirements
Randy W replied to Hanging On's topic in Consulate Process: P-3 ~ Interview
By anyone's measure, as long as he INTERVIEWS by his 21st birthday, he is okay. This relaxes your time frame a little bit, but I think Lee's 3-day plan is best. The whole issue centers around the use of the word "child" in the INA Immigration and Naturalization Act - the child of a K1 fiance(e) may apply to adjust status . . . where "child" is defined as being under age 21. The USCIS applies the derivative status requirement at AOS time, even though it is only mentioned as a requirement for the visa. This is the official position of the USCIS at the national level, although your local office may or may not follow it. I believe they have lost every court case, except where the application was filed after the 21st birthday. None of the cases, however, directly addresses the law. If you write on the envelope "Please expedite - potential age-out", they will cooperate. In our case, however, they used the envelope as evidence against us to claim that we knew about the aging out, but dragged our feet, -
K1/K2 USA Entrance Requirements
Randy W replied to Hanging On's topic in Consulate Process: P-3 ~ Interview
On re-re-reading Dan's post - the memo he posted a link to does not apply since no I-130 is filed. The USCIS will be VERY happy to quote this memo and point that out to you -
K1/K2 USA Entrance Requirements
Randy W replied to Hanging On's topic in Consulate Process: P-3 ~ Interview
you may need to argue the case in court if your local office gives you "over 21" grief. I'll get you some more information on it when I get home. The court cases on this issue are generally won. The simplest way is to get the AOS application in as soon as possible, at least 6 months to a year before the child's 21st birthday. edit - just re-read Dan's post -
It has happened that a parent was denied admission, and the kids were blue-slipped because the parents weren't there. The Chinese guards on the 4th floor don't always handle this correctly.
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We have the notarized documents from the father relinquishing custody to her mother and nothing is being said about us needing to provide additional information or that the petition is incomplete in any way. According to what my wife told me, the only explanation given was their belief that she (the daughter) and I don't have a "bona fide" relationship. That's all I know at the present "Not a bona fide relationship" is a catch-all phrase that the consulate uses to deny a visa. It is the one area left to the VO's discretion. That is, if the VO makes that claim, and sticks to his guns, he cannot be overruled. Applying that phrase to a parent/step-child relationship, however, is nothing but a cruel abuse of power. Was the VO aware that your wife was there? That is, did your daughter have her passport? We have seen blue-slips for this, but not white slips. In cases where the parentage is in question, they will request a DNA test
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My wife is due back on the 11th and I can read the "white paper" myself then but I am sure it doesn't say anything about needing additional information. It is my understanding that if that was the problem, she would have received a different color paper. I called immigration and while they didn't have the reason for the denial, they are the ones that told me I can appeal it. They told me I would receive a letter explaining the denial but I haven't gotten it yet and I have no idea how the appeal process works... I was hoping someone here had already experienced something similar and can give me more insight. Thanks for replying so quickly and if you hear anything that might will help,,,I would appreciate it. A denial is final. They will return the file to the US with a recommendation to revoke the original I-130 petition. You MAY get a chance to appear at a hearing and present your case as to why it shouldn't be revoked (in one case this was even done by mail), and should be re-affirmed and returned to GUZ. But approval or denial is in the hands of the folks at GUZ. If it truly was denied with intent to deny, this is easily the most vicious thing I've ever heard of them doing. Picking on a 14 year-old child? What is the issue here?
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Yes I would tend to think they're asking for more evidence, and you need to get an exact copy of the white/blue slip. Are they asking for pictures, a DNA test, birth certificate, what? There is no appealing a denial. If it is sent back to the US, though, I can't see the USCIS doing anything but reaffirming and sending the application back to GUZ
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chinese txt ability on US cell phone?
Randy W replied to hello123's topic in Communications, Planes, Shipping & Money
http://1010.hkcsl.com/jsp/mobile_email_and...sp?language=eng -
K1/K2 USA Entrance Requirements
Randy W replied to Hanging On's topic in Consulate Process: P-3 ~ Interview
Thanks - I didn't even notice that! -
K1/K2 USA Entrance Requirements
Randy W replied to Hanging On's topic in Consulate Process: P-3 ~ Interview
Yes - you would need to go bsck to the consulate to have the packets separated. -
But most states require either EAD or green card before you can get either the state ID or DL
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Don't believe it until he hears it from GUZ. Then read the blue/white slip and tell us what it says