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USCONGUZ

GUZ
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Posts posted by USCONGUZ

  1. Dear CFL Members,

     

    We noticed a recent posting that incorrectly described how immigrant visa petitioners may attempt to access the Consulate¡¯s office.

     

    Please be advised that the Immigrant Visa unit strictly follows State Department guidance to ensure the same level of access is offered to the public in an efficient and orderly manner, with no special privileges or special channels for immigrant visa petitioners. Additionally, our office follows strict security procedures to ensure the safety of our staff and premises.

     

    The Immigrant Visa Section, as a courtesy to U.S. citizen petitioners who have questions regarding the immigrant visa process, has a ¡°petitioner hour¡± on Monday afternoons in which procedural questions can be answered. This is the ONLY venue for in-person meetings to discuss immigrant visa cases with consular personnel. To attend the petitioner hour, please enter through the main consulate entrance by 2 p.m.

     

    If you try to enter the Consulate through the entrance described in the previous post, you will be denied entry and asked to leave immediately by security personnel. Please be aware that the Bureau of Diplomatic Security treats attempts to gain unauthorized access to U.S. diplomatic facilities abroad as serious security threats, and will take appropriate action in response to such threats.

     

    Please refer to our website http://guangzhou.usembassy-china.org.cn/contactiv.html for more information for attending the petitioner hour.

     

    Thank you for your understanding. If there are further questions, please contact us using the web form on our website.

     

    U.S. Consulate Guangzhou, China

  2. Dear CFL Members,

     

    The National Visa Center (NVC) has started a new pilot program of electronically processing visa petitions. Under this program all documents related to your case will be sent to Guangzhou electronically, rather than by mail. This should greatly improve the speed and efficiency of visa processing by avoiding delays due to postal service delivery.

     

    The electronic processing option is available only for the U.S. Consulate Guangzhou, China and will initially be available only to immediate relatives of U.S. citizens over the age of 21 years (visa categories IR-1, IR-2, CR-1, CR-2, and IR-5).

     

    If you have heard from the NVC and have chosen to participate in electronic processing you should not mail any physical paper documents to NVC. Doing so will result in a delay in the processing of your case. NVC will send instructions to all e-mail addresses you provided. Please follow all instructions from NVC for submitting documents electronically and bring the original documents to the interview with you.

     

    If your case is being processed through the electronic pilot project, your case number should begin with GZO.

     

    If your case is not being processed electronically, your case number should begin with GUZ.

     

    For further information regarding this program, please e-mail the NVC at NVCInquiry@state.gov or call the NVC at (603) 334-0700. Customer Service Representatives are available Monday through Friday from 7:30am ¨C midnight EST. You must have a touchtone phone to use this service.

     

    Please Note: The NVC electronic processing project for K visa (fianc¨¦e/spouse non-immigrant visa), has different procedures. For these cases, although the petitions are loaded electronically, the U.S. Consulate in Guangzhou still contacts visa beneficiaries to provide more documents prior to interview scheduling.

     

    If you are a K visa applicant and you have opted in for electronic processing, you will still have to wait for paper Instructions via mail from the Consulate.

     

    Thank you,

     

    U.S. Consulate Guangzhou, China

    • Like 1
  3. Dear CFL Members,

     

    We noticed a recent posting that incorrectly described the purpose of the Consulate¡¯s IV petitioner hour. To clarify, the purpose of this session is not to serve as a chance at a prior/second opinion or appeal.

     

    We established this petitioner hour in order to give petitioners the chance to ask general questions about visa application procedures before or after their family member¡¯s interview.

     

    Petitioner hour is not the time or place to submit supporting documents relating to a fianc¨¦e visa. Instead, applicants should provide this information at their interview, or consult with their petitioner to mail it in, if asked to do so. The only information officers will accept on Monday afternoons is updated address or contact information.

     

    Please refer to question number five on our website at http://guangzhou.usembassy-china.org.cn/iv_faqs.htm for more information.

     

    Thank you,

     

    U.S. Consulate Guangzhou, China

  4. Dear CFL,

     

    This sort of issue can be somewhat complicated and needs to be handled on a case-by-case basis; so if you are facing difficulties getting this or any other required certificate, please contact the Consulate's IV unit through its website:

     

    http://www.usembassy-china.org.cn/guangzhou/iv/email.html

     

    Sincerely,

    USCONGUZ

     

     

     

    Since the legal age for a woman to marry in China is 20 what happens if she is under 20 and the notarial office won't issue a single cerificate? It seems logical she must be eligible to marry based on her age alone.

  5. Dear CFL,

     

    1. In general, as far as the Consulate is concerned, a Chinese passport is sufficient--there is no need to also have the national ID card (note that there may be extraordinary cases where the Consulate will require both of these things). Note that this only goes for the Consulate's needs for visa processing--the Chinese government may have separate requirements.

     

    2. Concerning police certificates: all official documents must be translated and notarized. Police certificates are required for anyone over the age of 16. In general, these certificates can be obtained at the local Public Security Bureau office.

     

    Sincerely,

    USCONGUZ

     

     

     

    My Fiance'e has two children...age 9 and 16.....the daughter just turned 16 last fall and does not have an ID Card....she has ID Card booklet, but no ID Card...my fiance'e told me will take several months to get this for her daughter, but can get a temporary ID Card for her in about two weeks time which will be valid for three months....and tomorrow she will apply for the passports for her children.....my question(s) to you are....will the daughter need the ID Card for to interview?...will she need for the visa?... after she comes to usa, will she need the ID Card here?....or will she need the ID Card for to travel back to china to visit?....or is it because she is listed in the household booklet and will have passport she will not need the ID Card?....also, concerning the no trouble papers....my fiance'e has told me she is getting these papers for her daughter now and told me she is also getting the no trouble in the school papers for the daughter...is this needed, or is it just from the police department that these papers are needed?....and these papers need to be translated and certified also..right?

  6. Dear CFL,

     

    To our knowledge, this is broadly correct, provided (and this is very important) that the father is able to transmit citizenship to the child. See this website for more information on the process of getting a passport for children born abroad:

     

    http://guangzhou.usembassy-china.org.cn/ne...gistration.html

     

    Questions of this sort are best directed to the Consulate's American Citizen Services unit, however. Please see our website for their contact information.

     

    Sincerely,

    USCONGUZ

     

     

    If a legal permanent resident (green card holder) decides to go back to China to give birth to the child so her family can help her, what is the process for bringing the child back to the US? As I understand it all that is required for the child is a US passport and a Chinese exit visa. Could you clear this up please?

  7. Dear CFL,

     

    Yes, FTJ applicants can interview with their parents even if they won't be traveling for 6 months or more afterwards. From the Consulate's point of view, it is preferable for all applicants to interview at the same time, even if one or more will follow-to-join later.

     

    Sincerely,

    USCONGUZ

     

    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.

  8. Dear CFL,

     

    This should be taken care of by USCIS after the beneficiary immigrates to the US. If the date of immigration is more than two years after the marriage took place, then the green card should be issued with IR status.

     

    Sincerely,

    USCONGUZ

     

     

     

    Dear GUZ,

    Can a CR-1 visa be changed to a n IR-1 visa after a couples 2nd wedding anniversary? If so can this be done in GZ and how long would it take? Thanks Loren

  9. Dear CFL,

     

    All necessary certificates must be valid on the day that the visa is issued. So, if your visa is issued by March 22, you will not need new certificates. If it is not issued until after that date, you will need new ones.

     

    Sincerely,

    USCONGUZ

     

     

    Dear USCONGUZ,

     

    My Police certificate and marital status certificate will be expired on March,22,2008.If my interview date arrange before the date my certificates expire,are they still good for the interview? I am open to any advice you want to give me. Thank you for your time. :crazy:

  10. Dear CFL,

     

    In general, all children beneficiaries, even those under the age of 14, are required to attend an interview before being issued a visa. A consular officer may, in exceptional circumstances, choose to waive this requirement for children under the age of 14, but such a waiver is exceedingly rare.

     

    Your understanding of follow-to-join K2/4 cases is correct. These applicants can either interview with the principal beneficiary or attend a separate interview sometime later. The important thing to remember is that visa issuance for K2/4 follow-to-join beneficiaries must take place within a year of the issuance of the principal beneficiary's K1/K3 visa. If a year passes, the follow-to-join child loses his or her eligibility for derivative benefits, and a separate petition must be filed in order for that child to immigrate.

     

    Sincerely,

    USCONGUZ

     

     

     

    In the case of K-2 and K-4 visas I believe policy states that it is at the post¡¯s discretion if children under the age of 14 are required to interview. I do not see this addressed on your website. Would you please state the Guangzhou post¡¯s policy with respect to interviewing K-2 and K-4 children under the age of 14?

     

    Related, a question has been raised concerning K2/4 Follow To Join children. In those cases where the child is required to interview, would you please confirm that the child can interview with the K1/3 candidate from which the K2/4 is derived, or the K2/4 can alternately interview after the K1/3 successfully interviews.

     

    As always, thank you for your response.

  11. Dear CFL,

     

    We would recommend contacting USCIS for questions about how to fill out visa petitions, as they are the ones who design the petition forms and adjudicate submitted petitions.

     

    There is contact info (and a wealth of other information) at the USCIS website: http://www.uscis.gov.

     

    Sincerely,

    USCONGUZ

     

     

    Dear GUZSPEAKS

     

    There are some women whose visa got denied by K1, so they start to apply for K3 and CR1. When they fill forms for K3 and CR1, there is a blank to ask about A number. You know when they got p2 for K1, they will get an A number, so should they fill that A number on K3 and CR1's forms?

     

    Thanks for your time.

  12. Dear CFL,

     

    The email form should still be available on the website, and this remains the best way to contact the Consulate, especially about a time-sensitive problem of this nature.

     

    Here is the web form address:

     

    http://www.usembassy-china.org.cn/guangzhou/iv/email.html

     

    Alternatively, you can send an inquiry to our fax number at: (86)(20) 3884-4412. For time-sensitive issues, please write "urgent" or something like that at the top of the fax cover sheet.

     

    From what we've heard from petitioners, it appears that email is a much more reliable way of reaching the Consulate successfully, and so we would recommend that as the best way of contacting us.

     

    Sincerely,

    USCONGUZ

     

     

    In the past we have had beneficiaries who have not received the P4 packet with their appointment letter and were able to use the email form on the Consulate web site to have another sent or instructions on how to arrive at the consulate and be issued a new letter.

     

    Unfortunately, it appears the email form is no longer available and attempts to purchase time to call the Visa Information number have failed. The only contact to the petitioner is to call NVC or the DOS help numbers in the US.

     

    Can you offer a suggestion on how a beneficiary can get an appointment letter to allow them to proceed with the medical exam and attend the interview?

     

    We currently have one beneficiary who has an interview on Dec 4 in this situation.

     

    Thanks

  13. Dear CFL,

     

    We've noticed that a lot of petitioners have recently been coming in to Petitioner Hour at the Consulate mostly so that officers will make a note in their case that they appeared.

     

    In the event that people are doing this in the hope that it will increase the chances that their case will be approved--let's be clear that it really makes no difference at all if petitioners come to Petitioner Hour.

     

    If you want to prove that you returned to China for your fiance(e)/spouse's interview, just ask them to take your passport or a notarized photocopy of the entire passport to the interview with them.

     

    Furthermore, it might be worth keeping in mind that the time consular officers spend at Petitioner Hour is time that is not spent processing cases. The intention of Petitioner Hour is to provide a forum where petitioners can make inquiries about the status of their cases or clear up confusion about the visa process.

     

    So, if you go to Petitioner Hour without a real question, you are really just slowing the process down for everyone else. Please keep this in mind when you decide whether to attend.

     

    Sincerely,

    USCONGUZ

    • Like 1
  14. Dear CFL,

     

    It is difficult to give a categorical answer without seeing the documents referred to in this post, but a notarized legal document granted custody of a child to the immigrating parent would certainly be sufficient evidence of custody.

     

    Sincerely,

    USCONGUZ

     

     

    Dear USCONGUZ,

     

    I know you have tried to answer this question already, but i am still a little unclear about somethings. Seems each situation has its own little twist to it, so i will ask you now about my situation. My fiancee' has two children, 16yo daughter and 9yo son. Since the divorce 6 years ago, she has always had custody of the daughter. She has just recently (last spring '07) gotten custody of the son. She has the custody papers...the notarized fu yang quan...and has more recently gotten the household booklet which includes both the children now....my question to you is, will she need another paper from her ex to allow the children to come to here? or is the custody papers and the household booklet enough evidence for her to make the decision to bring the children without having to get the permission from her ex? As for her ex, he always seems to be on the move and is very difficult to reach for anything..going from job to job and city to city and has never really been a part of the childrens lives, having very very little contact with them...the son, prior to my fiancee getting the custody, lived with her ex-inlaws and the father only seen him maybe 1 or 2 times each year for only a few days each time and his daughter he has not seen or talked to in years....ok, i think i have given you all the information i can. i will be looking forward for your advise. Thank you.

  15. Dear CFL,

     

    If your K1 and K2 visas have been packed together and you will not be traveling to the U.S. at the same time as your child, you need to return the visa packet to the Consulate so that it can be repackaged. If you do not have time to do this before flying to the U.S., you are taking a risk--the Consulate cannot guarantee that the immigration officials at the port of entry will return to you the documents that your child will need in his/her visa packet.

     

    This is why it is very important to let the Consulate know at the interview (or when you submit your passports, if later) that you and your child will not travel together.

     

    Whatever you do, do NOT open the visa packet yourself to remove the documents. Doing so will cause you problems when you arrive in the U.S.

     

    Sincerely,

    USCONGUZ

     

     

    Dear Guangzhou

     

    I asked this question for many people who had the same problem. K1 will go to the US first by herself, K2 will come to the US in a later time before the visa is expired. But VO put their both packages together. So if K1 go to the US, her pacakge and her kid's package will be kept by the american aboard officer. What should K1 do to separate package of k1 and k2, so k2 can hold his/her own package when he/she come to the US later.

    What should people do in advance to avoid this problem?

     

    If K1 has booked airfare already, she doesn't have time to return the packages to guangzhou consulate, can she do something in the american aboard to deal with the problem?

     

    Thanks for your time.

  16. Dear CFL,

     

    As this is a non-immigrant visa question, and USCONGUZ is no expert in NIVs, we hesitate to answer.

     

    As you obviously understand, the primary challenge for your son will be in convincing the consular officer that he intends to return to China after visiting you on winter holiday. NIVs are, after all, non-immigrant visas, and so they cannot--by law--be granted to someone who has demonstrated immigrant intent.

     

    Your son's best chance will be to be honest about his family situation and try to demonstrate that he has strong ties that will compel him to return to China after his visit. Trying to obscure his existing ties to United States is a bad idea, and any lies told to the consular officer may disqualify him from future U.S. visas--either non-immigrant or immigrant.

     

    Sincerely,

     

    USCONGUZ

     

     

    Dear Guangzhou,

    I moved to US almost two years ( CR-1). My son who is studing in the university in China wants to visit me next year when he's on winter holiday . question : What does he need to prove he will be back to China?

  17. Dear CFL,

     

    We can't shed any light on the rumors you may have heard, but we will note that petitioner income is only one of a number of criteria that consular officers are mandated by law to weigh when considering whether there is a public charge ineligibility.

     

    Other factors include the applicant's health, education, family status, age, language ability, and work experience.

     

    Again, it is mandated by law that consular officers consider the totality of circumstances, and not just rely only on whether income surpasses the poverty guidelines.

     

    So, it is quite possible that some applicants have been found to have a public charge ineligibility in spite of having a petitioner or co-sponsor with income greater than the poverty guidelines.

     

    Sincerely,

     

    USCONGUZ

     

     

     

    Dear USCONGUZ,

     

    Rumor has it that visas are being denied due to financial evidence being requested from the petitioner even when the petitioner meets or exceeds the 125% poverty level.

    Is this true?

     

    Thank you,

  18. Dear CFL,

     

    The answers are actually compatible and probably differ only because the Consulate was likely responding to specific information about a specific case, while the USCONGUZ post was more general in nature.

     

    Let me try to tie the two together:

     

    In general, misspelled names on a visa can cause problems, particularly if the passport holder's name is the one with the typo. For this reason, applicants are well advised to contact the Consulate to arrange for a corrected visa if they find a typo.

     

    However, there are certainly cases where such a typo is not likely to cause a problem. An example might be if on a K1 visa, the petitioner's middle name has a very obvious typo (say, John Micjael Jones, instead of John Michael Jones).

     

    In this case, there is almost no chance that the applicant will experience a problem upon entry to the United States, and so it's likely not worth the effort that it would take to return to Guangzhou and have the visa reprinted.

     

    Hope this clarifies--

     

    Sincerely,

     

    USCONGUZ

     

     

    Why the answers are different between GUZ Speaks and Guz consulate email response? Which one is the right answer? Please tell us, thanks for your time.

    Here is the email response from guangzhou consulate about CR1's husband's name was spelled wrong on her CR1 visa.

     

    Dear Ms. ***,

     

    The typo will not affect your boarding. Please make sure your

    bio-information is correct, like your date of birth, gender, and your full name.

     

    Below is the answer from GUZ Speaks on candleforlove forum.

    http://candleforlove.com/forums/index.php?showtopic=25205

     

    Dear CFL,

     

    If the name on the visa does not match the name in the passport, it is quite possible that this will cause a problem when your fiancee gets the the U.S. port of entry. So, if there's a typo, you should email the Consulate to arrange to have a new visa printed.

     

    Sincerely,

    USCONGUZ

  19. Dear CFL,

     

    1. The child in this case is certainly eligible to apply for a B1 tourist visa. The problem is that, under U.S. immigration law, B1 non-immigrant visas cannot be issued to foreign nationals who have "immigrant intent." In this case, it appears that it would be difficult for the child to prove to the consular officer that s/he does not intend to immigrate to the U.S.

     

    2. The child could apply for the B1 visa at any time.

     

    3. I-130 processing time for IR-2s is not noticeably different than it is for CR-1s or IR-1s.

     

    Sincerely,

    USCONGUZ

     

     

    Dear Guangzhou,

    A few questions.

    -If the mother is already in the U.S. (CR-1) and has been here for two years, is it possible for a young child who stayed behind in China to come to the U.S. on a visiting visa?

    -If so, would the visiting visa need to be applied for prior to any I-130 being filed for the child, or could it be applied for during the I-130 process?

    -Is I-130 processing for a child any shorter than for spouses?

     

    Thanks very much.

  20. Dear CFL,

     

    When a family/relationship-based petition has been refused under section 5A, this essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law.

     

    After an officer refuses a case under section 5A, all processing on the case in Guangzhou is suspended. The file is then returned with a recommendation for revocation to the local DHS office in the U.S. where the original petition was filed.

     

    Once the file arrives at this office, DHS will send a letter to the petitioner asking if s/he wishes to appeal the consular officer's recommendation. Petitioners have 30 days in which to exercise their right of appeal. Anyone seeking to appeal is given an opportunity to review and respond to the consular officer's findings.

     

    The final determination of whether to revoke the petition is made by DHS. If DHS reaffirms the petition, it is returned to Guangzhou and processing is resumed.

     

    Sincerely,

    USCONGUZ

     

     

     

     

    Dear USCONGUZ,

     

    Would you kindly explain what "section 5A" of the Immigration and Nationality Act means as shown on the revocation notices?

     

    Thank you,

  21. Dear CFL,

     

    In order to receive a replacement visa, the applicant must first appear in person at the Consulate to report that the passport containing the original visa has been lost or stolen.

     

    To set up an appointment, call the Consulate at 020-8121-8000 and ask to speak with the Fraud Prevention Unit.

     

    The case will be examined after the report is made. If a replacement visa is approved, it can be issued in relatively short order, provided that the applicant can produce the previous visa package and none of the documents in it have expired.

     

    Sincerely,

    USCONGUZ

     

     

     

    Dear Consular Officer,

     

    What is the standard process in replacing a CR1 visa when a passport has been lost or stolen? How quickly after a new passport is obtained could one expect to get a replacement?

     

    Thank you,

    Heather

  22. Dear CFL,

     

    If the name on the visa does not match the name in the passport, it is quite possible that this will cause a problem when your fiancee gets the the U.S. port of entry. So, if there's a typo, you should email the Consulate to arrange to have a new visa printed.

     

    Sincerely,

    USCONGUZ

     

     

     

    There is a Typo on the Visa in my Fiancee's Visa in my name . Will it cause a problem with?

     

    Thank You very much for the Visa To!!!

  23. Dear CFL,

     

    As has been discussed before here and elsewhere, consular officers do not have a checklist of documents that are required to prove that a relationship is bona fide. Applicants are encouraged to provide any documents that they feel will demonstrate the legitimacy of their relationship to the petitioner. There are a number of different types of documents that can be used as evidence of relationship, and no one type is definitively required.

     

    Sincerely,

     

    USCONGUZ

     

     

    Hi USCONGUZ,

     

    Pls kindly suggest, in case of K1 visa, if

    1) correspondence(paper letters) during the past 6 months before filing the petition (P1)

    2) engagement party pictures and video

    3) phone bills indicated calls to China

    4) All pic taken together

    are all MUSTs in the documents that my fiance need to include when filing the petition.

     

    Above listed are some US lawyer told my fiance to do which will delay our plan of filing(we need to prepare an engagement party now !!).And the mail to USCIS will be HEAVY!!But what I learn from your official website or other bbs(like 001 forum), it is just nice but not a must to have them to proof the relationship.

     

    Pls kindly advice if above doc is some new requirement.

    Many thanks for yr time!!

     

    Katrina

  24. Dear CFL,

     

    Applicants who reside within Guangdong province can chose to have their visa delivered to them. Unfortunately, the Post Office will not provide mail service outside Guangdong province at this time. Applicants from outside Guangdong province should arrange to pick up their visas at the Post Office.

     

    Sincerely,

    USCONGUZ

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