USCONGUZ

Dear CFL, Since each case is different, it is impossible to provide a specific time frame for the return of any one case to the United States. We of course try to return each case as soon as possible. In general, the process takes several months, as a result of case preparation, transit time, and processing at DHS. If several months have passed, and the case has not yet been returned to the U.S., please contact us for further information. Sincerely, USCONGUZ

Dear CFL, For K1 (fianc¨¦ of an American citizen), K3 (spouse of an American citizen), and F2A (spouse and/or minor child of a legal permanent resident) visa classification cases, a child of the principal applicant listed on that principal applicant¡¯s I-129/ I-130 is considered eligible to apply as an accompanying child. For any of these visa classifications, when USCONGUZ Immigrant Visa section receives the visa packet, our office assumes that all listed children intend to apply with the principal applicant parent unless the visa packet explicitly states otherwise. This assumption is correct for the overwhelming majority of our immigrant visa applicants. If the child will not be applying with the principal applicant, the petitioner can make this clear when they file the petition, and the principal applicant can make this clear either during the pre-interview process or on the day of the interview. If the child of a K1, K3, or F2A visa classification applicant is inadvertently not listed on the I-129/I-130, and does intend to apply with the principal applicant, the child can be added if USCONGUZ is provided with an original or notarized birth certificate. For F1 (unmarried son or daughter of an American citizen), F2B (unmarried son or daughter of an American citizen), F3 (married son or daughter of an American citizen), F4 (brother or sister of an American citizen) visa classification cases, a child of the principal applicant listed on that principal applicant¡¯s I-130 is also considered eligible to apply as an accompanying child. This also holds true for employment-based immigrant visas and diversity visas. However, for CR1/IR1 (spouse of an American citizen) visa classification cases, if a child is meant to accompany the spouse or the fianc¨¦ to the United States, a separate petition must be filed for that child to benefit as a CR2/IR2 visa classification applicant. If a separate petition is not filed, then any children of the primary beneficiary are specifically excluded from the visa application process. Sincerely, USCONGUZ

Dear CFL, Packets 3 and 4 are generally sent out separately, but there are always exceptional circumstances where a case may be processed differently, for a variety of reasons. This of course is case-specific. In such cases, it is best to follow the specific instructions received or contact the Consulate directly for clarification. Sincerely, USCONGUZ

Dear CFL, According to Guangzhou USCIS, in order to file an I-130 in China, the petitioner needs to have a residency permit issued by the Chinese authorities (affixed to his/her passport). This is considered proof of residence. The Chinese authorities have their own criteria for issuing these permits to foreigners. Assuming that any travel outside China does not impact the petitioner¡¯s residency in China according to the Chinese authorities, it would similarly not impact residency for USCIS purposes. Sincerely, USCONGUZ

Dear CFL Additional documents requested at an interview vary by case, because each case is unique. 'Letter To K1/K2 Applicants' offers guidelines on what additional information is often requested and what applicant should have prepared to submit. The purpose of a visa interview is to determine: 1. That the applicant is documentarily qualified (that is, have the medical exams, birth certificates, marriage certificates, financial documents, and all other required documents been provided in accordance with U.S. law?) 2. That there is a legal basis for immigration (that is, is the basis for immigration valid?) 3. That there are no ineligibilities (that is, does the applicant possess any of the characteristics that Congress has determined makes one inadmissible to the United States?) The documents requested at interview are used by the Consulate to answer these three questions. Sincerely, USCONGUZ

The typical wait to pick up a visa has not changed. Unfortunately, on occasion, problems arise in the processing and printing of a visa. The cause of these problems varies by case. Problems for large groups of applicants can be the result of a localized problem (such as a power outage) or a world-wide problem. These delays are of course regrettable. Unfortunately, these problems are not predictable and are often not discovered until after an applicant has been interviewed. As surely as the problem is not predictable, the amount of time needed to complete visa processing and printing is not predictable. As a result, we cannot publish reliable information about delays in visa pick up. Still, for the vast majority of cases, the visa is picked up by applicants as scheduled.

Dear CFL, There are a variety of reasons why the Consulate may request additional information about an ex-spouse, and these reasons vary by specific case. In general, if applicants are unable to provide requested documents, a statement regarding this can be submitted to the Consulate for informational purposes. However, the acceptability of alternate documents in lieu of a requested document can only be made on a case-by-case basis. Sincerely, UNCONGUZ

Dear CFL, The acceptability of alternate documents in lieu of a requested document can only be made on a case-by-case basis. However, in general, if applicants are unable to provide a requested a document, a statement regarding this can be submitted to the Consulate for informational purposes. Sincerely, UNCONGUZ

Dear CFL, According to current standard practice, overcome appointments are generally updated as a group on a monthly basis and most overcome appointments are released at the end of the month. For example, most overcome appointments for the month of April will be released at the end of February (a little more than 1 month in advance). Sincerely, USCONGUZ

Dear CFL, For most applicants, the waiting time for an overcome appointment is currently longer than 1 month. As a result, many applicants are being given the option to mail documents to the Consulate in Guangzhou. The applicant, the designated attorney, or the petitioner can mail the documents, as long as the documents are submitted along with the original blue sheet and the white sheet with the mailing address (if permission to mail in documents was given via e-mail, you need not have this white sheet). If an applicant has been unable to make an overcome appointment for over a month and does not have a white address sheet to mail in documents, please contact us first to see if the applicant can mail documents in. Applicants should NEVER have to pay to obtain this white address sheet. Please be aware that if an applicant makes an overcome appointment, the response time (with limited exceptions) is usually two business days. However, if you mail in documents, there is no guarantee of the response time. If a visa appointment has been made for an applicant, the designated attorney can turn in documents. Lawyers can also receive visas if they have a notarized letter that gives them permission, as well as the applicant¡¯s Chinese ID card, appointment letter, and China Post receipt. Sincerely, USCONGUZ

Dear CFL, When the beneficiary is a K1 applicant, all of the US citizen petitioner¡¯s family data should still be entered into this section of the Family Composition Sheet. If the American citizen petitioner is adopted, one would enter the information on one's legal parents as well as any parents (birth parents, step-parents, etc.) that one has a relationship with. That is, if a person was adopted at birth and does not have a relationship with their natural parents, then one only needs to list legal parents. In the case of multiple adoptions and/or step-parent and step-sibling relationships, one need not list former step-siblings, since this relationship no longer exists in a legal sense. Sincerely, USCONGUZ

Dear CFL, While the e-mail system does not directly preserve the characters, we are able to transform the received message back into the original characters. If you would like to be sure that we receive the correct characters for a Chinese address, you are always welcome to fax it to us as well. Sincerely, USCONGUZ

Dear CFL, Cases returned to Guangzhou typically contain all the documents that were submitted in the United States, unless some documents were specifically returned to the petitioner or the beneficiary. That is, the packet is sent as a whole. Sincerely, USCONGUZ

Dear CFL, Any forms that are available online from the U.S. Government can certainly be downloaded and printed out using a home computer, rather than using the form mailed by the Consulate. If Package 3 or 4 does not arrive in the mail, if forms or missing, or if a form gets lost, you can request that we mail any needed forms to you. If the time before the interview does not allow for this, applicants can make an appointment to pick up any needed paperwork (including appointment letters) directly at US Consulate Guangzhou. Sincerely, USCONGUZ

Dear CFL, Yes, the previous response holds for the primary applicant as well as for any children included in the case. If you are unable to correct the error before the case is sent to Guangzhou, then once the case arrives in Guangzhou, you can mail a notarized copy of a birth certificate, with the appropriate case number referenced, directly to the Consulate. Otherwise, the correction will not be made until the day of the interview, which could lead the previously mentioned delays in processing. Sincerely, USCONGUZ

Dear CFL, While you can still fax in an address change, e-mailing an address change to Guangzhou may be the fastest and most effective way to ensure that an address (in the U.S. or China) is changed from the address on the original petition sent to Guangzhou to a current address. Sincerely, USCONGUZ

Dear CFL Member, If this petition is still at one the USCIS service centers, you should contact them to find out if this is important. You can call them at 1-800-375-5283. Once the petition reaches us, if there is a small typo on the G-325A, it's not a big deal. However, a typo on the I-130 or I-129F might mean that we need to re-do security namechecks on an applicant. Sincerely, IV Unit, U.S. Consulate, Guangzhou, China My petition is on its way to GZ but before it left the U.S. it was noticed my fiancee name was not correctly written on the I129f. Her name is Hongmei Wang. But she mistakingly told me to put Mei Hong Wang. Mei is first Hong is middle and Wang is last. I called the 800 number and they told me to fax the change. So I faxed it. I then called again because my SO was extreamly worried. Then the CSC said they changed the name and gave me a confirmation number. Then I got a letter from the NVC saying they got a fax from me but they do not accept the fax anymore and to call again. But the petition is already sent. My SO is extreamly worried that the petition will be returned as all her official translated documents say Hongmei Wang but the I129F says Mei Hong Wang. What should she do. Thanks. Dear CFL Member, For typos on I-129F and I-130 forms, the response above still holds. That is, it might mean that we need to re-do security namechecks on an applicant. Once the case has arrived in Guangzhou, corrections of such typographical errors can be made in advance of interview by mailing a notarized copy of a birth certificate, with the appropriate case number referenced, directly to the Consulate Sincerely, IV Unit, U.S. Consulate, Guangzhou, China

Dear CFL, All American Embassies and Consulates that issue immigrant visas have been authorized to accept old versions of Form I-864 and Form I-864A that they or the National Visa Center receive until January 17, 2007 (180 days from the effective date of the final rule, July 21, 2006). In other words, they may adjudicate an Immigrant Visa case to completion even if the old versions of the form are included, so long as those forms were submitted to the issuing Embassy or Consulate overseas, or to NVC, prior to January 17, 2007. That is, while USCIS only accepted old versions of the I-864 and I-864A until October 19, 2006, our grace period is extended until January 17, 2007. We hope this clarifies the issue. Sincerely, USCONGUZ

Dear CFL, Thank you for bringing this matter to our attention. We regularly review the training at all the hospitals where applicants can have their medical examinations. We have passed this information on to the relevant department. Sincerely, USCONGUZ

Dear CFL, For K1 / K3 cases: Per the instructions included with the "K Instruction Packet" (K Packet 3), and in the "K1/K3 Appointment Packet" (K Packet 4), the consulate requests that applicants / petitioners obtain and prepare ahead of time evidence of financial support, including documentation listed on OF-167 (and I-134 forms), but the actual time to submit this financial documentation is at the interview window. It is okay for a petitioner to seal his/her documents in an envelope and request that the applicant wait until the interview to open it. (We see many cases like this.) We definitely understand that petitioners may want to safeguard their personal information, and will not "penalize" an applicant in such a situation. Even so, in determining the validity of a relationship a consular officer may ask an applicant about the petitioner's financial situation and/or their financial ties. Sincerely, USCONGUZ

Dear CFL, As was mentioned in a previous post (http://candleforlove.com/forums/index.php?showtopic=16099), "administrative processing" can mean a variety of different things. Because of this, when such processing has completed, it can also mean a number of things, including but not limited to: 1. A visa will be issued; 2. More documents may be requested from the petitioner or applicant; 3. We will need to run a new routine security namecheck (if expired); or 4. The case may be recommended for revocation and sent back to USCIS. In terms of "priority", we keep track of cases that have been in administrative processing for longer periods of time, and generally try to move those along first. Sincerely, USCONGUZ

While we don't have any particular issues with applicants doing this, the Consulate often uses pre-printed EMS waybills of our own. Using our own pre-filled-out waybills often saves us time, so we may simply tear up the waybill supplied by the applicant, not using it. Please note that if an applicant wants us to use a new address, they should specify that in a letter to us.

We update our overcome scheduling availability on a monthly basis, so occasionally slots might "fill up" before we replenish the supply. Our overcome wait right now for most types of IV unit visas is 10 calendar days. For overcome scheduling, please try calling back regularly if you discover that the wait is longer than a month.

A beneficiary's notarial birth certificate does not need to specify whether the beneficiary's parents have passed away or not. It's possible a consular officer may want proof of the beneficiary's parent's death, however, if it is pertinent to the relationship in question. In general, it's best to be prepared with supporting documents!

The Consulate no longer uses the P3 supplemental sheet in question. NVC may still be sending them out with their packets, but again, we don't need them on our end here!