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Everything posted by Randy W
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No -the facts of the case were very clear - the case was won on the argument that only a marriage in good faith was required by law. I believe Stuart Folinsky handled the case.
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Actually, it looks like she IS eligible, but only after she reaches her retirement age Widows, widowers, and Other Survivors
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I see she did stay, but was ineligible for SS because they weren't married long enough
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Did she stay in the US or go back home?
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Actually, we should all go to the Home Despot and buy everything we need to establish our own backyard dictatorships.
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The point I am trying to make is that if her boss wont let her leave early and stay here for the time necessary to get AP, then sending P-3 back now is no good for you. K-1 is a temporary (90 day) visa, which would allow her to come to the US and get married. Just one option. AOS is not required. It is possible, but might be difficult.
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I guess you are too young and far away from retirement to appreciate her perspective. Her retirement provides her: * a solid sense of security as she takes a huge life gamble * a way to provide for her aging parents * a way to provide for her daughter if her daughter wants to return to China Ask any US government employee within spittin' distance of their retirement what it would take for them to give up their retirement. I'd bet most of them could not even be swayed by death threats. In June she will be within 18 months of retirement from her government employment. I am twice divorced. With my marital track record it would be incredibly wrong of me to deny her that 30 year retirement package in the name of "love." No matter how good our intentions - the stats say 50% of all marriages end in divorce. So her retirement is in Dec 2009. If you marry NOW, she will be receive her 10 yr card if she enters the US in May 2010. I'll lay off after this, I promise.
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It was square aimed at the rumor, guy Like I said, these things tend to have a life of their own
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That seems pretty safe, since you'll be home to check the mail. It's unlikely that she would get a date before June 1, but if she does, she can either come home early, or you can reschedule (InfoPass?). Some of the offices have been known to refuse to talk to the husband, without the beneficiary present, however.
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confusing message from usps......
Randy W replied to Inailit88's topic in AOS & Immigration Challenges
so what do u say, Randy?...shouldn't worry about it?...give them sometime...i totally understand that they might be busy processing tax return..the processing part..i truely understand.....i just want to make sure they got my mail ..that's all....i mean, usually..when you send something certified...you wanna make sure the receipient got it....so you don't have to worry about it.....and when it's done..the tracking system should have said " delivered" ....not like keeping people hanging ...just realized that Usps 's tracking and confriming system is worthless....i hope they got it...otherwise, i would have to file again....how would i even know if they get it...if that stupid message stays there forever and with no updates.....any suggestions what to do?....thanks andy Yeah - I can't help you with the tracking, because I've never tried it. Just 1 or 2 stamps, and that's it. They are about the most seasonal business in the US, and hire on a LOT of extra employees for the tax season. I doubt that includes someone to answer the phone. It'll get taken care of - I have yet to hear of anyone's return being lost in the mail. -
Rumors catch a life of their own when they're almost true, and have a "law" to almost back them up. Now, I doubt that we know anything about the process of revoking a green card, since I don't think we've heard of it happening.
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confusing message from usps......
Randy W replied to Inailit88's topic in AOS & Immigration Challenges
The Austin office is a regional tax return processing center - they are busy processing returns. -
Not quite correct - the absences MAY be considered in a possible green card revocation. But if she's staying in China to work, it may very well work against her. Think about it Griz. The CR-1 may make sense.
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One more option, griz, whether you're interested or not - Go ahead and use the K-1 - bring her here once, get married, and then file the I-130 instead of the I-485. She would have to leave before the 90 days were up (before the K-1 expires), and wait for the CR-1 You could even bring her daughter here on the K-2 and file the I-485 or I-130 and I-485 simultaneously for her. What the CR-1 would do is to basically avoid the AOS uncertainty, since it would occur in China. The downside is that you would be restarting the whole immigration process, but if she needs that time in China anyway . . .
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They are used to both A4 and the US 8 1/2x11, and accept either format.
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If I remember correctly, I think she would lose her benefits if she were to move back to China, however.
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You didn't say how much time she needs in China. But, by going CR-1, you would still have the choice of living in the US or China. She would be able to stay in China as long as she needs. By filing the I-130 about 1 year before this time, she could then come to the US shortly afterwards. If you got married NOW, you could file the I-130 for your daughter separately so she could come within a year (assuming she's 18 or younger). Just options here - whatever works for you, I'm all in favor of. Also, with the CR-1, she could travel to China as needed.
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4-5 months to 2-3 years. AP is available (included in the AOS fee) for travel during this time. No, her daughter does not have to travel with her mother at any time. Just as a possibility to consider, I'll mention that it might possibly simplify your plans to get married now and go CR-1/2. This would avoid AOS completely. If she enters the US more than 2 years after the marriage, she would get a 10 year card and not have to file to remove conditions. If you want to get her daughter into a US school, you can file the I-130 for her to come to the US even before her mother. Just some possibilities. If you don't mind some up-front time in China, they might be worth considering.
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It's been argued successfully that even a divorced K-1 should be able to adjust status - the law stipulates only that they marry in good faith. Check out the I-360 form for the widow of a US Citizen Seems to me that she could be considered abused just on the basis of that "comings and goings" clause in the will - have a lawyer look at it.
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USCONGUZ' comments on the issue http://candleforlove.com/forums/index.php?...st&p=175729
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From the Social Security Card Application:
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1) Then her card should say "Valid for Work Only with DHS Authorization" or something to that effect 2) DHS Authorization comes with the EAD card.
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Did it say "without authorization" also? EAD, or GC should be proof of authorization. If it really says "NOT FOR EMPLOYMENT", she should have had to document a need for the card - such as a government agency requirement. If she had taken her K-1 documentation, including the passport with I-94 within the 74 days, she should have been able get the "WITHOUT DHS AUTHORIZATION" notation, which IS good as an SS for work (but still requires separate authorization)
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This thread is title Windows Vista, but it covers XP as well http://candleforlove.com/forums/index.php?...st&p=382581 We have a writing pad a character recognition. This is built into the Japanese IME (for Chinese handwriting), but Jiaying prefers the Twin Bridge software, since it allows full screen or window input.