Randy W

Yes you will need a TIN, which will require a notarized copy of her passport. What you can do is to calculate your taxes now, and send in any amount due on an extension request. These are automatically granted. Then, once you get the information needed for her TIN, fill out the return and mail it in. I think you will need the TIN regardless, unless you file singly.

You can tell an Easterner from a Westerner in this respect - an Easterner will squat with their feet completely flat, and their knees virtually at a 180 degree angle. The Westerner will squat on the balls of their feet, leaning slightly forward to keep their balance. The Easterner's balance is maintained by the flatness of their feet, and that the center of gravity is above the feet.

There is nothing to appeal if the USCIS does not make a finding. The VO's decision is final regarding the visa - it is the petition that would be revoked. The USCIS hearing would be concerning a potential finding of fraud or misrepresentation. The beneficiary WAS denied a visa - she would have to disclose this fact in any subsequent application. The petitioner is free to file another petition and try again - a denied visa is a relatively minor black eye This is closer to an inter-agency squabble than a legal process. USCIS has already approved the petition, so they are less likely to revoke it based on another department's findings. The VO usually covers his legal ass by stating simply, "not a valid relationship", and not indicating why. This is all he is required to do to justify the denial, but it leaves the USCIS without a clue as to what to do. There is NO due process regarding the consulate activities. The best lawyer can simply consult with consular officials and get them to act on good will. There may be a legal path to take action against a consulate through the US judicial system, but I strongly doubt that ANYONE has found it.

So if the service centers just let them "expire" are they denied ? as their own process was never followed/completed , in that the petitioner was never given the opportunity of appeal. This would have implications for a new petition as denial and expired dont mean the same or secretly do they ? A new petition can be filed at any time. Marc's point is that if a revocation hearing is conducted, a negative ruling MAY impact the new petition. I think that these revocation hearings are much more rare than Marc's article would have you believe. All petitions have an expiration date, which is automatically extended while at GUZ. The USCIS has used this expiration as an excuse to NOT take an action on a petition that was white-slipped and returned - telling the petitioner to simply file a new petition (start over). You're right - there is nothing to appeal or contest in this situation 'Denied' and 'revoked' seem to be used interchangeably regarding petitions.

No - exchanging money is not necessarily seen as a good thing for the K-1 visa. It can be interpreted as one side being paid by the other (i.e., 'buying' a bride or a visa). Leave the bank accounts for the married people

This is the big "what-if" that is the point of that article Notice that he's saying you WILL have a chance to respond, IF a revocation procedure is begun. He also states later on I don't think we've seen anyone who has had the revocation procedure initiated by the US Service Center. We have seen the Service Center simply allow the petition to expire. Marc's point with the article is to watch your mailbox and respond to anything you receive concerning the denied petition.

Seems like they could just keep on increasing the fees. That way, with the ever-increasing workload they would have from people trying to beat the fee increases, they could just stop processing applications altogether. All in the name of "improved service"!

my wife tells me alot of teachers in china and even university students have to be "communist party" to get where they are. Maybe thats what GUZ is thinking? CCP is usually a blue, not white, and is usually a relatively easy overcome from what I've read. A denial is white, regardless of reason No argument there, but would be nice if they gave you the real reason/problem , not just a code which just has a loose definition attached. Yes it would be. Many have complained about this. The more non-specific and legalese that they are, the less likely they are to be over-ruled. "Invalid relationship" is an example - if the VO sticks to his guns there, it can't be over-ruled, since it's completely his perception. The "denial under 212 (a)(5)(A)" is the CCP version

my wife tells me alot of teachers in china and even university students have to be "communist party" to get where they are. Maybe thats what GUZ is thinking? CCP is usually a blue, not white, and is usually a relatively easy overcome from what I've read. A denial is white, regardless of reason

I print several to a 8 1/2x11 sheet and submit in my stack of papers. Much easier for them to put in their binders. If you have already printed 4x6's, 3 1/2x5's or 2"x2" passport photos, put them in a ziploc baggie

Talk to an immigration lawyer in your area. You will be notified before a revocation hearing takes place, and have a chance to refute any possible negative findings which may impact your case later on.

Yes - the process has changed. The CR-1 is kept in the US, unless you file an I-824 along with $320 which will tell them to forward the CR-1 to the NVC and on to GUZ.

To the best of my extremely limited knowledge, he will need his GC and visa, I wouldnt go anywhere without it. I am sure someone here will correct me if I am wrong Good luck! Yes the CR-1 is a single-entry visa - it will not get him back in the country a second time. Make sure he either has his green card in hand, or get the I-551 stamp in his passport (you will need an InfoPass appt for this).

Go to your consulate and ask - different consulates seem to use different standards on residency

I''m pretty sure he is NOT a lawyer, but he is one of many form filler outer assisters in China

But I think this is about Roger Lin in Nanning, and not Rob, who is here in the US

. . . and this is an actual VISA credit card that can be used anywhere. Macy's is Jiaying's favorite clothing store

The certificate is a very expensive option.

She would file only to get a refund of any withholding, or if she were eligible for the rebate.

It depends on how you fill in the blanks. It's surprising that he could possibly hit a dead-end like that, let alone not know what to do about it, but you can pay postage and print shipping labels from home through the USPS web-site. Or go to Fed-Ex.

the EAD and green card take pictures at the biometrics. I don't remember how many we sent in, but it seems like only 2 are needed - for the AP. But the EAD I-751 and AOS I-485 both specify you MUST send in 2 photos, for a total of 6.

Yes - make copies and ALWAYS use the copies. In case they ask to see the original, have it handy to show. But hand them the COPY to keep. You'll always have a couple of extra originals that way.

OK - yes you do need to apply for AOS BEFORE the K-3 expires in April, 2009. Just get it in the mail before that date. Do not worry about the processing time. Her status will be applying to Adjust Status, and she will get the 10 year card.

No - you did good. She should already have a 10 year green card - adjusting status or removing conditions should not be necessary. For the CR-1 visa, she is awarded a green card when she arrives in the US. Since this occurred after your second anniversary, she should have gotten the 10 year card. An InfoPass appointment at your local USCIS office may be necessary. You can order a replacement card if needed. What you need to do is figure out what happened to the 10 year card.

To get the 10 year card, she would have waited until the second anniversary to enter the country. She should have received a green card shortly after arriving. Within 90 days of the expiration of THAT card (you have a 90 day window ONLY), she must apply to remove conditions. That might be between Jan 23 and April 23, 2009. They will reject anything sent outside of that time range. The processing time can be nerve-wracking, but ultimately makes no difference.