USCONGUZ

"Administrative processing" is more or less a catch all phrase we can use for many things. Sincerely, IV Unit, US Consulate, Guangzhou, China

If someone has already received a CR1 visa, then all processing is stopped on the K3. If for some reason we were unaware that you had already received the CR1 we would stop processing it after not hearing from you for one year. This would have no adverse effect on you. Sincerely, IV unit, US Consulate, Guangzhou, China

1) Mailing documents is "Optional"?? What if the beneficiary is INSTRUCTED by a big bold circled and checkmarked Line Item 8 on the refusal sheet instructing to mail them? 2) How can it be that if tracking number verifies NEXT DAY DELIVERY, why wouldn't the Consulate acknowledge having them yet after 2 weeks of verified delivery? 3) How would the beneficiary Email the requested information per the consular officer's direct instruction and ensure that the officer received the requested information? 4) Why would the beneficiary receive the General Notice to call the US Visa Center when attempting to follow the consular officers instructions to email requested documents with the instruction that doing so would help reduce delays because the consulate would not be required to replicate the contents for emailing for a decision to Washington? The entire point of being prompt and diligent is lost in the system. 5) If it is normal to email requested documents but receive the General Notice to call US Visa Center as a kickback message? Could it be assumed that something went wrong and requires a retry thru the direct Contact US Form for Guangzhou website? 189711[/snapback] Sometimes applicants are given the option of mailing in requested documents as opposed to handing them in in person. The applicant needs to follow instructions given to him/her during the interview. If you have questions about your case, please use the web form to contact us. http://www.usembassy-china.org.cn/guangzhou/iv/email.html

If the child is an orphan there is no 2 year requirement. Sounds like this child is not an orphan.

Without knowing any details, I cannot say for sure. More than likely though, the adoption of the child will not have any effect on the K1/K2 visa. One thing to keep in mind is that if the member wishes to petition for the child as his/her own child as a CR2, then the petitioner will have to prove that they have lived together for at least 2 years in a parent/child relationship. Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

If the child is a Chinese national living in China, then the adoption must take place under Chinese law. This means the petitioner must adopt the child in China and will have to consult with the Chinese authorities as to whether or not he/she can adopt the child. Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

1. You can always use some sort of mail service which provides a tracking number. You can email us to check on the status of your case if the applicant has already had an interview. 2.Usually handled by the same person, but not always 3. The difference is with one you have the option of mailing in documents and with the other the applicant must hand in the requested documents. 4. If you were told you can mail in the documents and choose to do so, you do not need to make an appointment. 5. 2-3 months. Waivers are granted by USCIS, not Dept. of State. 6. An attorney is never required Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Dear CFL Members, We do also accept DVD's and VCD's. We mention this in the instructions given to applicants when additional information is requested. Please keep in mind that if you are asked to provide a video of something, you will be given specific instructions at that time. Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Dear CFL Members, If the household member is not currently living with the petitioner, then it is best to have them fill out a separate I-864. I'm assuming you used to live with a family member before coming to China and plan to live with this family member after returning to the U.S. It does not take much more time to fill out the separate I-864 and this resolves any issues. Regards, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Dear CFL Members, The Consulate reserves the right to verify any employment information provided by applicants. However, in general, employment histories are only used for informational purposes and nothing is "done" with them. Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

Dear CFL members, We are happy to do whatever we can to help make this complicated process as clear as possible. You are correct that the I-134 does not require tax returns unless the petitioner is self-employed. Neither our website nor the OF 167 "trump" these basic requirements. I'll explain why: 1. The first sentence of the "Affidavit of Support" section in the OF 167 states that petitioners wishing to provide an affidavit of support can use the I-134. The second sentence explains that, instead of an I-134, a petitioner can also provide a notarized statement regarding his or her willingness to support the applicant financially. The rest of the Affidavit of Support section -- including the portion asking for the tax returns -- explains how to complete the notarized statement and has no direct bearing on how to fill out the I-134. Bottom line: according to the OF 167, you may provide either an I-134 or a notarized statement regarding financial support. If you chose to do the notarized statement, then tax returns are one of the ways you can substantiate the information in your statement. 2. Our website does say to bring the I-134 and tax returns. During the interview, questions about the petitioner's work experience and income often come up in establishing the bona fides of the relationship. Tax returns are often good proof that can substantiate an applicant's claims. On our website, we ask applicants to bring tax returns -- even though not required to complete an I-134 -- so that they will be prepared in the event an officer decides that they are necessary. All of us would rather have the decision made at the time of the interview, so it is best to bring the tax returns just in case. So the bottom line with regards to what the applicant should bring to the interview is that they should prepare a I-134 with the required suplementary information and tax returns. This way, the applicant will be best prepared and the officer will be able to issue the visa without delay. IV Unit US Consulate Guangzhou

Dear CFL Members, It's important to keep in mind that for K visas, the I-134 is actually not a required document. However, it is a requirement that the applicant be able to demonstrate that he/she is not likely to become a public charge once entering the U.S. The I-134 is a good method of demonstrating that an applicant will not become a public charge. Therefore, the rules are more flexible than with the I-864. That's why you are given options of what documents to provide. Generally you should follow the same guidelines as with the I-864. Tax returns for the last three years and employment letters provide good evidence of income. If a petitioner has filled out a I-134 and has sufficient income, then that should suffice. However, if the petitioner's income is not sufficient, they might also wish to provide evidence of assets. Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

The marriage creating the step-relationship must have taken place before the child reached the age of 18 if the US Citizen step-parent wishes to file a petition for the child to immigrate to the U.S. Please see the following link for more information on the definition of a child. http://uscis.gov/graphics/howdoi/child.htm Sincerely, IV Unit, U.S. Consulate, Guangzhou, China

Hope you all have a good holiday!

The interview windows have a slot in the bottom kind of like teller windows at a bank. If you are planning on passing something through to the officer, it's better not to use any kind of large hardback folder. Same thing goes for photo albums. A lot of applicants have documents in a folder or binder and then if requested, just pull the documents themselves out of the folder and pass them through. This usually works best. However, the most important thing is just to have the documents organized in such a way that applicants can easily find documents, for which they are searching.

Dear CFL Members, In an ideal world, we would prefer to have both the petitioner and applicant together at the interview. However, time and resources do not allow this. Based on our experience, it takes at least twice as long to interview couples together as it does to interview applicants individually. This means that if we were to interview couples together we would only be able to do half the number of interviews a days that we are currently doing. Not to mention the extra time it would take to process the petitioners through security and also the lack of physical space in the Consulate for double the number of people. Any of you who have been here early mornings on a weekday know how crowded it can be. All of this combined would mean that the interview wait time would be considerably longer than it already is. In most cases the advantage of having the couples interview together would be negligible, so we interview applicants individually. Some other posts might interview couples together, but these posts do not have as large an applicant pool as Guangzhou has. They probably also have more resources at those posts. Sincerely, IV Unit, U.S. Consulate, Guangzhou, China

1) If an applicant is refused he/she is given specific instructions on how they can submit more evidence. 2) A video tape would only be requested in situations where it is unclear whether or not an applicant and petioner have a common language. If the petitioner is also a native speaker of the same Chinese dialect as the applicant this would naturally alleviate this concern. 3)Most Consular Officers here speak Mandarin Chinese well enough to perform interviews in that language. If the applicant cannot speak Mandarin or English, then we usually have one of our Chinese co-workers who speaks the applicant's dialect translate. However, most applicants, especially fiance or marriage based visa applicants, speak Mandarin or English well enough that this is not an issue. Sincerely, IV Unit, U.S. Consulate, Guangzhou, China

Dear CFL Members, For K cases, the namechecks are started before the Consulate physically receives the file. They are started before the case is shipped. However, for normal immigrant cases, like CR1's and IR1's, the namechecks cannot be started before the file is physically received in Guangzhou. The electronic notification that the file is in transit does not contain enough information in order to do the security checks. Sincerely, Immigrant Visa Section, U.S. Consulate, Guangzhou, China

Dear CFL Members, If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country. This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S. Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis. Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China 169987[/snapback] At what point in the process is the documentation of custody etc. to be provided? To which entity? 175319[/snapback] USCIS might request this info earlier in the process, but for our purposes it is best to have it with you on the day of the interview unless otherwise instructed. 175738[/snapback] Is there an 'expiration' time for the Father's signed, notarized release? 175884[/snapback] It's usually best if they are less than one year old, but if an applicant had an older one and a reason why they do not have a more recent one, it may be acceptable as well depending on the circumstances.

Dear CFL Members, This is one piece of additional evidence that an officer might request during the interview. This can help to prove the bona fide nature of the current relationship by proving that the former one is definitely finished. Sincerely, IV Unit, U.S. Consulate, Guangzhou, China 175739[/snapback] Dear USCONGUZ, Thank you for this information to help us prepare our SO's for the interview. I understand the need to prove a bona fide relationship, due to fraud, but I also assume there is some type of timeframe criteria used before asking this question about ex spouse residency proof. For example if the beneficiaries divorce records show a recent divorce, say within one or two years max, then this question would be potentially asked if the VO has any suspicions looking at the case. If the beneficiary divorce records show the divorce is many years prior, this question would not be asked. In multiple cases that I am aware of, the ex spouse abandoned the wife and child after the divorce and provided no support and never made contact again. In some cases, the ex spouse moved away from the area, so it would be very difficult to find proof of where they reside and IMHO that has no bearing on whether the relationship between the beneficiary and the petitioner is bone fide or not after a certain amount of time has passed... say 4 or 5 years. I have also heard of cases where the ex spouse or their families attempt to extort money from the USC for their cooperation, so it would not be fair and would likely be very hurtful to request the beneficiary for this proof, requiring them to make contact with their ex-spouse unnecessarily. I agree that this is a fair question for a VO to ask when the information in the case shows a recent divorce, where fraud is more likely, but I do not feel this is a fair question to ask of someone, whose records show have been divorced for 5 or 10 years for example. I hope you understand this and agree that a timeframe criteria should be applied before asking this question. I hope that is already the case and would like to hear your comments on this subject. Thanks very much for the information and feedback you have provided here so far!! This information is very helpful to all of us and much appreciated! 175917[/snapback] Although there is no exact timeframe, and circumstances vary from case to case, you're pretty much right on the money.

I suspect part of the reason is that your packages go through the regular customs process, our does not. For us, the boxes arrive, we get notified. We notify the embassy, embassy gins up a diplomatic note, sends note to us, we send note to Chinese Customs. They get it, think about it, decide when they want to release the boxes. They release the boxes, DHL picks up boxes, deliver boxes to us. We get the boxes, bust them open, enter the cases into the computer. Too many people on CFL are really, really trying hard to find shady practices in this issue. You're barking up the wrong tree.

Dear CFL Members, This is one piece of additional evidence that an officer might request during the interview. This can help to prove the bona fide nature of the current relationship by proving that the former one is definitely finished. Sincerely, IV Unit, U.S. Consulate, Guangzhou, China

Dear CFL Members, If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country. This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S. Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis. Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China 169987[/snapback] At what point in the process is the documentation of custody etc. to be provided? To which entity? 175319[/snapback] USCIS might request this info earlier in the process, but for our purposes it is best to have it with you on the day of the interview unless otherwise instructed.

K1's and K3's are treated as immigrant visas.172700[/snapback] Is it also the law that you treat the non-immigrating visas as immigrant visas? or is this a way to rewrite the law in the interest of protecting us from the red menace??172707[/snapback] You know, I am very curious about this aspect of the K1 visa. It was confusing to me that a non-immigrant visa is treated as an immigrant visa. I understand the need for this but it seems to be a contradiction in terminology and usage. Is it the law that a non-immigrant visa is treated as an immigrant visa? Where is the line drawn? What is the cutoff point in the process when a K1 visa applicant becomes an immigrant?175154[/snapback] Dear CFL Members, Due to the fact that K applicants will be applying to immigrate to the U.S. once they arrive there, the same ineligibilities apply as for immigrant visas. For more information please see 9 FAM 41.81 N9.1. http://foia.state.gov/masterdocs/09fam/0941081N.pdf * Sincerely, IV Unit, U.S. Consulate, Guangzhou, China

This is an issue already addressed, but I'll do it again. It is true that items shipped to a U.S. diplomatic mission under diplomatic seal via diplomatic pouch are not subject to customs inspection. However, cases shipped to us from NVC are not shipped under diplomatic seal and are not shipped via diplomatic pouch, they are shipped via commercial carrier - DHL. Once the boxes arrive in customs quarantine we are notified of that, we then request that the boxes be released and, after some wait, the boxes are released. DHL picks up the boxes and delivers them to the Consulate. A comment was made earlier that since the boxes were listed as "U.S. Diplomatic Papers" on some DHL tracking list and they were, therefore, immune from Chinese customs handling. Simply because a commercial carrier notes in internal documents an item as "U.S. Diplomatic Papers" that doesn't by any stretch of the imagination mean that the item will be handled in accordance with international accords on diplomatic privileges and immunities. I can take a big red pen and mark "U.S. Diplomatic Papers" on every piece of personal mail that I send out. Does that mean that my personal will be immune from customs inspection? Of course not. There are a great many frustrations and areas of misunderstanding that make you crazy as the immigrant visa process is navigated. I would hope that all would try to resist the temptation to spend too much time finding conspiracy ("the Consulate is trying to fool us with this crap about cases being held up in Chinese Customs. How stupid do they think we are ... etc, etc) where there is no conspiracy. On a separate issue, I feel I need to comment on the tendency of some posters to keep referring to "black pearl", usually in a negative light. We understand that on different boards that specialize in discussing visa issues there is a tendency to come up with nicknames to identify interviewing officers. However, on CFL it is now plain that any female african-american officer that shows up at the window is automatically the dreaded "BLACK PEARL" . Come on, guys, there is more than one female african american woman in this business, officers come and officers go. This labeling is racial stereotyping of the worst sort. Bearing in mind that I am a hick from a small west Texas town, I know racial stereotyping - it is ugly and should be avoided.