Randy W

Not so, a rejection can be one of two outcomes, first is a Blue slip requesting additional evidence to be filed, you provide them what they want and they usually approve the visa. The other is more serious, the counselor officer rejects it outright (NOID) and the case gets sent back to USCIS, in this case you have a short time to try to get a lawyer in China to fight it. Or you will have to get it overcome at USCIS, there will be a note on file that can and does prevent future visas from being approved. Dan do you know of a specific case(s) where there has been a "note" that has prevented a future visa from being approved? Some reading of by Marc Ellis a prominent immigrations attorney article. http://www.ilw.com/articles/2006,0323-ellis.shtm This is one case - it does NOT mean that EVERYONE who has been white-slipped will be denied for subsequent applications, or that this particular paragraph even applies. The problem the "love birds" faced is NOT that they were white-slipped, but that they left the previous application open "If a Service Center begins a revocation proceeding for that K-1 petition"

Look in the upper right corner of this page. for the form, and also a list of civil surgeons. You can get the shots anywhere, but the civil surgeon must sign off on the form (and provide you a copy). Take the little yellow vaccination booklet (that the shots are entered into) with you

Whoa, here! Before you invest too much effort in the former spouse - asking for SS numbers is very rare, especially considering how long it has been. I would do my best to get the decree, but even there, it may not be needed. At the very least, however, type up a description of the situation, how long it's been, and why you can't get the decree. Phone #, location, and SS # MIGHT be helpful, if you can easily get that information, but take care of the other stuff first.

Wow! That's cutting it close, especially for her. I'm sure you've considered rescheduling again. Good luck - I'm sure we'll hear the good news.

It's not unlike our own system of birth certificates and social security cards, except that the vital records are kept at the hukou. It seems to me that either the father was negligent, or the officials were on the take (or simply power hungry) in denying her the hukou. The fact that he didn't have a hukou himself until moving to Beijing says that maybe he didn't understand the importance. It seems like there used to be similar problems of record-keeping in the US if the records of someone's birth were destroyed.

You can hold off the AOS long enough for them to deny it. 6 months to a year would be a very long time. You may want to look at your overall plan here. What other country are you planning to live in, and why can't you wait to come to the US until you are ready to do so?

What this boils down to is that she does not need a US visa to live with you in another country. With or without the US visa, she needs permission from that country (usually in the form of a visa) in order to travel there. Some countries will allow LPR's to travel to their country with a green card.

The USCIS very enthusiastically embraced IMBRA by waiting until the last minute before it took effect to even look at their forms for possible revisions, and then delaying everyone's cases for the RFE's. Seriously, I think the net effect is that they will pass along any information about your criminal record to your SO. The question of whether you used an IMB or not is moot, since they haven't made a determination as to which sites are IMB's. Whether you answer "yes" or "no", all they can do with that information is reply "Gee, that's nice!" Just my perception of what they're doing - basically, a minimal interpretation of IMBRA

He would file the I-130 application for a CR-1 visa. Then, when the NOA1 receipt for the I-130 arrives, he can file the I-129F application for a K-3 visa. Another thing to consider, which I believe would work the best for his situation is to file the I-129F as an application for the K-1 (fiance) visa. Then her son could get a K-2 visa, and arrive with his mother in the US. The marriage would then have to occur in the US. His wife and her son could then file together to adjust status. There would be no requirement that her son be under 18 at the time of marriage. As long as he can show that he has met her in person, he can apply NOW for the K-1, and possibly be here in time for the school year in Sept.

Only for:

If a step-child has not yet turned 18 at the time of the marriage, he will be considered your father's "child for immigration purposes". He may file an I-130 and will be considered an Immediate Relative of your father along with his mother. As long as it is filed before the child turns 21, a "visa number" will be immediately available. This means he can immigrate with, and adjust status with, his mother. If his mother applies for a K-3, he can also apply for a K-4. If he turns 18 before the marriage, your father will not able to file the I-130 for him. He would still be eligible to apply for a K-4 visa - however, this would be a dead-end visa since K-4's cannot adjust status, except though an I-130). I have heard that the DOS has circulated a memo advising the consulates to NOT grant K-4's in this situation. If he turns 18 before the marriage, his mother would need to file the I-130 for him after she becomes an LPR (Legal Permanent Resident). This can be as soon as she is in the US on a CR-1, or after she has adjusted status on on K-3 visa. Once she has arrived in the US on a CR-1 and has the I-551 stamp or the green card in hand, she would be free to travel back to China. So the complicating factor if he turns 18 before the wedding is that she must file the I-130 for him, which she can only do after she has been processed at the US POE and adjusted status to LPR. He should be able to easily get his visa within a year, however. Another possibility is if she gets the K-3, he may be able to get a K-4 and come at the same time. She would then need to adjust status and file an I-130 before his K-4 visa expires. He may go out of status, however, if his visa expires (2 years) before he can adjust status.

Mike, we tried that and they told us she has to have the green card before they will issue a California I.D. My wife got her SS card right away, for all the good it does. It has a restriction on it. That's no restriction - if she's authorized to work by the DHS via an EAD, she's authorized to work by the DHS. Some employers prefer to hire people who have their green cards. Here in Texas (I would think also California), legal aliens are preferred over illegal aliens. It's simply a notation required by law. The documentation required for employment is spelled out on the I-9 filled out by employers.

1. The I-797 you got when the I-129F was approved by the USCIS and forwarded to the NVC (DOS). 2. The entire form consists of 4 pages, with a different notation on the bottom. Send all four pages (one document). 3. No, but bring them with you to the interview 4.Yes 5. K2's are assigned a separate A # for the AOS application. It will be on the the I-797C NOA1 receipt for the I-485. 6. Yes

EAD #3? Geez. I'm obsessing over EAD #1. You mean I have two more of these to go through? Hey, at least yours are at no additional charge! Yeah, but you didn't pay $1000 either. Yes we did after one year. The annual renewals add up pretty fast.

Well, uh, yeah! They take 'em for test drives, don't they?

It's unlikely that the FASFA would cause you any problems with regards to the I-134 (or the I-864). It's your income level that would be of concern, like Dan said. You may need a joint sponsor.

I can get you (tomorrow) AOS denial notices, Notice to Appear at removal proceedings, and positions, and responses. The only one I know that lost was the Jiang case in the 9th District Court - they had filed the I-485 after the 21st birthday (I'm pretty sure I have a copy of this decision). This case is currently under appeal, but should go to trial soon. There is a case scheduled for Jan. 15. Ours is scheduled for Feb 15, but the "child" has decided to take voluntary departure. Our lawyer and theirs (USCIS) both say that we would win at that time, but that they are 100% likely to appeal. Your wife would have to file the I-130 after she adjusts status (you can't since he is not your "child for immigration purposes" - under the age of 18 at the time of marriage). If she adjusts status after his 21st birthday, it would mean a 10 year wait for visa availability (or 5 year if she becomes a citizen).

This is from the INA (Immigration and Nationality Act) Section 245 as quoted by the AAO (Administrativ Appeals Office - they appealed their own decision just so they could make it a policy) They want to (and are) interpret that single word "child" as meaning that the K-2 must be under the age of 21 at the time of adjudication. The other cases may make it easier for you to win yours - I definitely think it's winnable.

Yes they will quote the CSPA to you profusely (as they have to us), in order to point out that it does not apply. It's interesting that they would quote a law that does NOT apply to justify their position, but that's what they're doing with it.

Yes they can adjust status over the age of 18. They seem to be clamping down, however, on those over the age of 21 at the time of the AOS interview. From your link: You may read the law any way you wish. I'm just trying to tell you how the USCIS currently reads it. "Children over the age of 21 do not adjust status"

The current policy is that the day he turns 21, he is no longer eligible to adjust status. There are several lawsuits in the courts over this issue. "Honoring the date of submission" (the Child Status Protection Act) only applies to an I-130. If the child was over 18 at the time you get married, you may not file an I-130. . | . | . | . V

It says specifically that in that situation the son must file separately.

"All good things have to end"

You have another hurdle to get over with your son (if you're not already aware of it). The current policy of the USCIS is to deny adjustment of status to K-2's who are over the age of 21. So he would need to not only apply for, but also interview for his AOS before July 15. There are cases in the courts challenging that, but you can't count on that policy changing before he would interview. The only thing you can do at this point is to write "Please Expedite - Potential Age-out" on the envelope and the AOS application when you send it in. They basically treat the K-2 as a 90 day visitor's visa if the K-2 reaches his 21st birthday

Some words from USCONGUZ: