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Randy W

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Everything posted by Randy W

  1. Don't count on the green card coming through - they say to apply for an EAD renewal 90 days before it expires.
  2. If the follow-to-join is to be delayed by more than 6 months, can the K-2/4 still interview with the parent? Visa issuance would need to be delayed with a blue-slip or some other method to keep it from expiring before it would be used.
  3. Some terms you may hear, if you contact DOS (from the FAQ's): Sounds like you have a good idea of what's coming up, except that GUZ won't repond to much of anything until you are "In Que"
  4. Without having Toppy's timeline, I cannot make a comment about the specific comparison... not sure where Randy got his numbers. ---- I didn't look at toppy's timeline either - I'm assuming that toppy lost 100 days somewhere between NOA1 and P3 since they are now at equivalent points after filing at the same time. credzba is 60 days ahead of your averages, so that would explain the 150/160 day total discrepancy when comparing these 2 cases w/the average. Basically, individual cases can differ from the average by much more than +-100 days.
  5. Yes - more than a few people from CFL have done that and reported on it. I think the rules changed recently so that she will have to go in person, or through a visa agency who will handle it for her (not necessarily in SF). They used to accept renewals by mail.
  6. She must wait for three years after getting her green card, and then apply for citizenship. Only US citizens can hold US passports. The green card along with her Chinese passport allows her easier access to some countries (I'm not sure which ones, so I won't try mentioning them).
  7. I always wondered what it looked like, thanks!!! Thanks. I wondered about this. My daughter sadly does not yet have a national ID. She only has her Chinese Passport. She will not get her National ID for another 3-4 months. I hope the airlines will let her on the plane with a copy of passport...maybe a certified copy. Whoa here - the passport is left at the consulate and delivered with the visa 2 days later. I don't think they will keep it for a month
  8. The I-485 is the best point at which to change her name. List the desired name on the application. Then there is a space for "other" names - list her SS name here. She should be able to get a green card in her desired name this way. Be sure to use this name and her correct A number on all forms. The A number is the letter "A", followed by 8 digits. It is on the I-94, and the acceptance notice (NOA2) you received. The POE is supposed to take all of her immigration forms, including the medical. Everything will be added to her file, which the Immigrations Officer will have when she interviews for AOS. You do not need another medical unless they ask for one (RFE). The yellow book is NOT part of the file and should not have been taken at the POE.
  9. Look at where it's going to - you're about 150 days ahead of the curve. edit: you've actually gained 160 days on toppy - he's 100 days behind David's averages, and you're 60 days ahead, if I'm understanding everything correctly.
  10. If your blue slip requests specific evidence, submit what is asked for. If not, what does it say?
  11. I don't know if this will fit in with your plans, but your daughter does not need to interview with her mother, although it's a good idea to have the parent there when she interviews. They are usually more responsive to the emails, especially in situations like this. I sent an email to request a date for our son. They gave us a date that was barely a week later. Sorry you're having this trouble.
  12. What video tape?? DVD of you both talking on cam, we have about 200 hours of it for GUZ, bore them into a pink. They used to ask for "VHS tape only". They have since broadened that to allow DVD's or VCD's, and they aren't asking for them as frequently as they did in Alex's day.
  13. Those links didn't work for me. Hopefully, these do and are the right ones
  14. No - my understanding is that we would win the decision, but that they would appeal rather than give him the green card. He would be eligible to renew his EAD, but not AP. Would it be possible, given the circumstances,that the judge could order the AP be granted? Does he/she have that kind of latitude? Yes - he would order the AOS, but his powers are limited in this court. The USCIS would simply appeal that order. For AP, my understanding is that he is not allowed to leave the country while the proceedings are still in progress. The next court has more power over the USCIS, but is more of an unknown.
  15. Hi, From the forms website: although I think GUZ is more flexible with which editions they accept than the USCIS is.
  16. No - my understanding is that we would win the decision, but that they would appeal rather than give him the green card. He would be eligible to renew his EAD, but not AP.
  17. If you aren't immediately applying for AOS, you can apply for EAD separately. This would allow you to get the SS number, but check the fees. They've changed, and it may cost you more money to do it this way.
  18. An over-age K-2 case was won on Friday in the United States District Court for the Northern District of California: This guy is from the Ukraine, does not post here, or (apparently) on VJ, so I wouldn¡¯t feel comfortable disclosing any more facts about his case. This is NOT what has been referred to as the ¡°case on VJ¡± - that case is scheduled for trial on Jan 15. They are Candle members also and have posted here under the member names natriggon and burntatbothends. In the meantime, Jingyu¡¯s (our own) case has been put off until Feb 15, with instructions for us to get a new medical exam and basically have everything ready to adjust status. The ICE lawyer has pretty much said that we would win at that time, but that they are 100% guaranteed to appeal. An appeal would take another year, with potential appeals after that. No trips out of the country would be possible. Jingyu has pretty much decided he¡¯s had enough of that, so we¡¯ve decided to request voluntary departure for him. His case is different in that his family and friends are back in China, and he is unable to see them until his case is resolved. During the search for a lawyer, the first two tries were with Chinese lawyers who told Jiaying that ¡°K-2¡¯s can¡¯t adjust after age 21. Just send him home, and write a letter to the USCIS¡±. So her big question through all this was, ¡°When do we buy the tickets?¡± Our current lawyer was recommended to us by Stuart Folinsky, who is the lawyer for the VJ couple. This is no big disaster, for the reasons I¡¯ve given. Jiaying wants her son here, but will reapply as an Immediate Relative as soon as she gets her green card. The wait for over 21 unmarried children of LPR is around 10 years, but that drops to 5 years (from the original application) if she gets her citizenship. It is not a victory for the USCIS, or a loss for us, and there are plenty of others waiting in line to settle the issue. In my opinion, the whole K-2 age-out issue boils down to the law as stated in the INA Sec. 245. [8 U.S.C. 1255] : Does the term ¡°minor child¡± limit the adjustment of status to children under the age of 21 at the time of adjudication, or does it simply refer to the person who was admitted to the US as the ¡°minor child¡± of a K-1 fiance, similar to the way the phrase ¡°K-1 fiance¡± is used to refer to a person who is actually married at the time of adjudication?
  19. No - reporting by employers to the SSA is on an annual basis. Employers report withholding taxes quarterly to the IRS, but individual data is submitted once a year. Any discrepancies noted by the SSA (multiple uses of the same number, invalid number, etc.) are reported back to the employers. Employers are required to report any discrepancies that cannot be resolved to the USCIS.
  20. Express Mail Service Actually, it's international, including the US
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