Randy W

We got our Notice of Denial yesterday for the AOS application for Jiaying's son Jingyu. They referenced 8 CFR, Part 245.1©, which is different from previous cases (if I remember right) where they referenced Section 245(d) of the INA. It still basically hinges on the fact that he was 21 at the time of the interview on April 9. The previous case was denied at the Washington, D.C. office. The USCIS then, late last year,appealed their own denial, in order to set a precedent for the rest of the country. Their decision was upheld by the AAO (Administrative Appeals Office). Another case was taken to court by the applicant. That case was summarily dismissed in favor of the USCIS just last month. The only action they are taking at this point is the denial, and to revoke his Employment Authorization, effective May 1. There is no mention in the letter about when he might have to leave the country. There is also no mention in the letter of how to appeal. His NOA1 for the AOS application was Dec 14, 2006, and his 21st birthday was Dec 17, 2006. The interview date was April 9. My question is this (for someone with knowledge of AOS denials): It seems to me that between the two cases, one of which was appealed to the AAO and denied, and the Jiang case, which was decided on the motions in March, is it possible that an appeal on our case might be summarily denied? Or is it possible that we might buy a little time with an appeal. Without Employment Authorization, though, the appeal might just spin his wheels with nowhere to go. Would an appeal restore his Employment Authorization?

There is another concept to be aware of - that of "co-mingling". Anything that was yours prior to the marriage is yours, but if funds are co-mingled with your separate property, it becomes joint property. That is, if you contribute from joint assets to a separate property, it becomes joint property and can be divided come divorce time. Edit: Posted this from the first page before I had seen the above discussions

We had a K-2 AOS interview last week - no issue with the Guangzhou medical exam.

Yes - and they expect tooth brushes with the bristles on the back, light switches with push buttons instead of the flip handle, "H" stands for cold, and "C" for hot so your faucet handles have to be reversed, . . . http://smileys.smileycentral.com/cat/28/28_2_10.gif http://smileys.smileycentral.com/cat/36/36_11_6.gif We have liquid soap everywhere, also bar soap for the shower. I don't know which she uses.

The title and first post are both about Chinese and the American influence.

It says that 25% of the US population who hold doctorate degrees came here from Asia in order to get their doctorate degree. You don't see many Americans going to other countries for their PhD, much less south-east Asia. It says nothing about either culture, except that the US is a better place to get your PhD. What my boss tells me is that they are easier to hire straight out of school than their American counterparts, and generally smarter since they represent the cream of the Asian crop. In other words, an equivalent American PhD would most likely receive more offers from top-flight companies.

Get a co-sponsor, the co-sponsor has to show as being above the line, not you, you can show a I-134 with no assets. You are working too hard at this. I am a firm believer of keeping it as simple as possible when it comes to the I-134. I wouldn't call getting a co-sponsor as simple as possible. $0 income I would think would be VERY bad news. What are you living on? Do you have readily accessible cash? Are you living off of that, or do your assets generate cash income? If so, report the cash and the assets you are using to generate cash. You have enough, and you do NOT need a co-sponsor. I answered the questions exactly like you did (although do have a job), and didn't under-report anything.

West Houston Chinese Church is at Hammerly and the West Beltway 8.

Dun Huang. It's on the south side of Bellaire Blvd in the shopping center closest to the Beltway 8. There are a number of good stores along Bellaire Blvd - Dynasty, Diho, Welcome, and Hong Kong, and the Viet Hoa on Bissonet.

1. Practice "I do", "I do", "I do" 2,3. Chinese-speaking 4. I trust her to order what we want 5. "Nice to meet you" Chinatown is about 5 minutes away. She also feels comfortable going shopping in English-speaking places by herself. Buy a hand-held translator (full sentences). We actually don't use ours (she uses it herself to help learn English)

Mine says Concise English & Chinese Dictionary, 3rd Edition. It''s actually an electronic dictionary (pleco)

have really given much thought to the matter; much considered - according to Oxford ÓÃÐÄÁ¼¿à

As long as her Chinese passport is valid she is okay. the visa doesn't mean anything, especially since it's expired. Her passport is still valid (until 2009) but as I mentioned in an earlier post, it still has her maiden name on it - and I'm concerned about that because of her upcoming trip to China. Her passport gets her into China - the greencard gets her back into the US. Bring a copy of your marriage license just in case.

I saw those being sold on the street.....I couldnt believe anyone could actually eat them....I am assuming they were silkworm, they were huge, perhaps 2" long and easily 1" wide. I'll bet they didnt taste like cotton candy! http://smileys.smileycentral.com/cat/36/36_19_7.gif

Silk worm cocoons. Actually one silkwork cocoon. Okay, a bite of one silkworm cocoon. It looked like cotton candy http://smileys.smileycentral.com/cat/36/36_11_23.gif

Well, on the trip to the USCIS office the translator fussed that she wasn't allowed to speak last time (at Jiaying's interview last year). So she grilled Jingyu - her K2 son) on several questions in English - where do you work, where do you live, what's your phone number. Good practice as it turns out. When we were called into the room, she had Jiaying and I sit up front, with Jingyu and the translator in the back. She fussed with the Acco clips for awhile, finally got them loose. She got our passports and ID's and looked first at them, then at the person to verify that we were the correct people. She asked a few questions about our relationship, and did I really want to get married to someone I had known for only a week, how did we communicate, was his father okay with him being in the US, and so on. "Do you have any proof that you are still living together?" I handed her a stack of bank statements, credit cards, car titles, licenses, insurance, etc. Then she asked how Jiaying got to work, and found out that she has a car and drove to work every day. That seemed to eliminate any doubt there. And she asked Jingyu some of the questions that had been reviewed earlier. Some had to be translated for him, most were answered in English. Then, she asks, "How old are you?" TWENTY ONE. Then . . . SILENCE (with a noticable Houston, we have a problem look on her face) (more SILENCE) and then "I need to look into it, but I think he needs to have been 18 when you were married". I pointed out that was for K-4's and did not apply to K-2's. She said she would have to look into it anyway. No hint of the 21 year old K-2 problem. Finally, she said that she would lump the two files (Jiaying's and Jingyu's - Jiaying is still waiting on her FBI background check) together, and they would get their green cards at the same time. And that we would be notified by mail if it turned out that he was ineligibile. We are keeping our fingers crossed.

I'll let you know on Monday!

We know the blue slip is PROBABLY NOT for financial reasons, if the USC is above the poverty line. What his little poll does is show that whatever the blue slip issue WAS, may not have been an issue if the USC's income had been above $40K (at least in this very small sample).

The one you are thinking of is this one: http://candleforlove.com/forums/index.php?showtopic=17651 That would seem to me to be pretty convincing proof (even as hearsay) that an income below $40K IS given additional scrutiny.

Just to clarify, Lee, this is a privacy act statement by the company asking for the SSN, which states their own policy about dealing with those who do not have an SSN, right? This statement would tell the idiot behind the counter what his own company says they are supposed to do when a customer does not have an SSN?

I remember it being stated like this guy said here, as a VO actually telling someone that an income of less than $40K would bring additional scrutiny on a case, but I couldn't find the original post, either.

I missed entirely - what was it I missed?? That seems like Insurance 101 to me. If your rates go up because of an accident, why wouldn't you simply switch to another company that doesn't know about it? The answer is that your company DID report it, and the other companies know about it. These are the accidents that go unreported in China, like you're saying, and that's why they have a lower reported rate. I'm like you - I won't let a two vehicle accident go unreported, unless the damage is very small and I'm willing to pay for it.

OK, I can admit when I am wrong. I thought that insurance companies worked in conjunction with the police and reported these things for statistics. I am not wrong about how it is in China though. and I think your idea ("inconvenient to the police") holds true in the US.. as well as inconvenient to let one's insurance know since the rates will increase.. and so, people pay out of pocket often to avoid reporting anything. Isn't everything claimed on insurance "reported"? Here in Houston, if you can drive away from an accident, the police don't come out, but it is still reported to your insurance company, and usually a police report required. I know that when switching insurance companies, the new company will know about anything claimed from the old.

I think most of us are solidly in the pro-aging camp.

InfoPass appt