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Randy W

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Everything posted by Randy W

  1. The USCIS will generally NOT make a decision to revoke - they have already approved the petition, and are rarely given anything beyond the "Not a Valid Relationship", as determined by the VO. The VO will pretty much stick to his guns there, and cannot be over-ruled. This does NOT meet "heavy burden a consular officer must meet before he or she can recommend an DHS-approved petition be revoked". So, they have been known to simply let the petition expire, or disappear with no action taken. Read Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations. If it is "returned to USCIS for review with the recommendation that it be revoked because it¡¯s the officer¡¯s view that a reasonable person would believe the relationship exists solely or primarily to convey an immigration benefit", then you are facing administrative review. You will be notified of this and given 30 days notice to be able to defend yourself against the VO's assertions before a finding is entered against either her or you. From the DOS "Guidance on Petition Revocations" The VO rarely makes any claim beyond "Not a Valid Relationship", creating a stalemate which sometimes is resolved by the petioner (you) filing another petition.
  2. Yes - there is a place on the I-485 to list any aliases (such as her maiden name). The green card in her married name will allow her to use that name in other places that require her to use her immigration name.
  3. The problem was with her fingers, not the equipment. It happened twice, with two different operators. They were rejected by the FBI or whatever agency gets them (this was apparently for a local criminal check, since they're accepting a police report instead) and Thanks!
  4. If your wife had filed the I-130 as a US citizen in Dec, 1996, her sister would now be eligible for a CR-1 visa. There is no category for the sister of an LPR. Visa Bulletin for March, 2008
  5. She would not be able to work on a tourist visa. The way to get this to work would be for your employer to sponsor her for a work visa.
  6. A friend of mine at work had his parents make three trips to Beijing - three applications at $100 a pop - 'till they quit trying Others have good luck
  7. Actually, it couldn't have worked out better - if the first set had taken in November, they might have completed processing before our 2nd anniversary - meaning only a 2-year card. As it is, the fingerprint fiasco delayed it past our 2nd anniversary, so we now get a 10 year card!
  8. No more beer by the mailbox?
  9. I had registered for email updates, and 2 emails came, one saying "Card production ordered", the other "Notice mailed welcoming the new permanent resident". I'm pretty sure that's a new record - congrats!
  10. How were you notified that the green card was approved? If by letter, what did it say?
  11. Darnell - No we think it was due to scarring on the finger(s). Her prints from 2 years ago were okay. Not until after we get the police report showing no arrests!
  12. Not yet - since they will need the police report to actually okay it - I think I'll join Pete with a beer to wait by the mailbox. But yes - it's pretty much on the way.
  13. Today we went to the "Please come" interview. Turned out the case had sat on the IO's desk for 2 months while she was out of town, and she fired off the letter (with only 7 days notice) when she got back. Well, Jiaying had been called in twice for her fingerprints. Two of her fingers apparently didn't take, so they want her to get a certified police report. Upon approval, she would get her 10 year card, so we're very happy about all this. She took a sworn statement, similar to what Pete's (pkfops) wife had to submit by mail. Jiaying's EAD card expires May 15, so I'm not going to worry about renewing that. Jiaying apparently needs to be more careful with the meat cleaver.
  14. This seems like a case where it would have been better to have done the entire interview in Chinese (more relaxed answers), but, like others are saying, it should be an easy overcome.
  15. yes - same as any other married couple. We are doing the same thing.
  16. Congrats! Hopefully, we're next!
  17. http://candleforlove.com/forums/index.php?...ost&p=92107 Ties to China, to prove to the VO that they will return is the key.
  18. I believe you are right. I could never keep them straight. We installed the Japanese IME in order to input handwritten Chinese characters through a writing pad - it was apparently done this way in order to get around patents on the character recognition software. Japanese Input Methods The hiragana, katakana, and romaji are not needed for Chinese input. The pinyin and other methods are supported by the Chinese IME Jiaying prefers the Twinbridge software, however, since it allows a larger writing area.
  19. Check here - http://candleforlove.com/forums/index.php?showforum=16 - for how to add Chinese character support to you OS. Or have her scan it or otherwise enter it graphically and sent to you as a jpeg, or fax.
  20. No haggling here - $10. DNonlett posted one who would fill it out by mail in the same price range
  21. yes - same as any other married couple
  22. This is probably a side issue for them, but . . . Isn't there a question there as to whether they would be able to get the second rebate when it would be dependent on the amended return? My guess (without having anything to back it up) is that they would not.
  23. Thanks........ Does anyone know if you are close to the 125% line that they would look at it as being bad? Could you be turned down because of this? No, they can't, but it's at their discretion as to whether they might want to take a closer look at you. In other words, the reason given for a white slip is never, "He was close to the poverty line" - it's always "Not a valid relationship". It's generally a combination of things that catches their eye, however.
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