Lee VD

Green card was in the mail when we got back on April 14th! Very cool! !

It went very well... basically a rubber stamp approval. Some notes of interest: - Don't bother coming early. You will go upstairs to a waiting room. A whiteboard will show which interview times they are currently on and by the time our time came up they were about 20-30 minutes behind so we were there over an hour waiting. However, they were efficient and didn't require any more paper work. A clerk scans your interview appointment and they know you are there! Wish they could just do that for biometrics instead of making you stand in a long line to get a one page white information form for you to fill out and stand in the same line again to hand in! - Saw many people with lawyers. One couple got chewed out by their lawyer when they were late... he was telling them if it was court they would be DONE. It seems some with lawyers had problems but almost everyone seemed to come out unscathed. - They could really save money by only requiring interviews for the non-trivial cases, but this is the government.... - We were brought into the agents nice office and sat together at his desk. - We were called in and they asked us the following questions: - To Her: Your name... she stuttered "umm... umm... umm" I thought we were doomed right there... then she said "old name or new name?"... I was thinking "just give EITHER name but don't act like you don't know your name!" hahah... made it look like she was totally fake, but we got through it. - To Me: "So, how did you meet?"... so I gave the Evolution of Relationship elevator speech and he took rapid notes. - To Me: "You were previously married? how long? any children?" - To Me: "What paper evidence did you bring with you?" - I showed joint bank statement, credit card in her name, life insurance policy, and wedding photo... didn't get to the tax return He kept the bank statement and insurance policy, gave me back the CC statement (probably because it was her name only) - To Her: "You were in the CCP? Was that on your own volition? When did you join?" ... I told her to explain her reasons in the CCP and she gave the story of how and why and he was satisfied. He seemed he was expecting to be satisfied by the response, it was only a formality. Then he told us he was happy to approve the green card and we should get it in 7-10 days(!). He explained that we needed to remove conditions sometime after January and gave us a letter that showed the time window to do that and sent us on our way. heh, as we walked up to the office building I asked her, "sure beats going to Guangzhou consulate huh?" Lee

I am not sure whether it works if explaining it in the petition. Most people like me do not realize CCP is a problem till we see people talk about it. Many people may know it till the interview. Like me, just a few minutes ago, I get to know CCP is asked specifically in DS 230 item 40c. If attaching a statement whiling filing DS 230, it may help to avoid a blue slip. But like you said, maybe not. Who knows? Dont beat yourself up. There is no way to get the SAO check started earlier than after the interview no matter what you front load. There was nothing you could do. What SHOULD happen is when the application is sent in , there should be this question and a flag to initiate the higher level SAO check in addition to/ in lieu of the standard name check variety. Then it can be done upfront as part of the name check. Any concerns kicked back from the security check could be addressed before a lot of further processing is done. But efficiency is not in the government vocabulary.

Back to the subject... I agree that you should NOT have her mention boyfriend for the reason for visa. It will get her denied right off. I know a couple have been lucky but we have seen a LOT of denials recently for more important reasons. Since she has a degree in Business English, you said, maybe she can leverage that experience into a trip to the U.S.. Does her employer have any ties to the U.S.? Would they be interested in her doing any kind of trip, at her own expense, to the U.S. for business or learning purposes? If her employer can describe this as a business trip she has a much better chance. Then she has a visa for a year and can come back other times. Also, it makes it MUCH easier to renew if she already has the B visa and shows a good track record of not overstaying. Then you can date as long as you want and not feel pressured (aside for the cost of travel!!). If the employer is not up for this, then has she considered maybe going back to school? She may be able to get into a program for overseas study in the U.S.. There are tons of programs, including work-study programs. Something she could look into... Lee

We are on for our AOS interview in Seattle on April 6th. The letter gives the whole checklist of what to bring. Not too bad I guess but seems redundant bringing a lot of stuff they already have and they say to bring copies of everything in case they want to take it again. I think I will learn from the biometrics visit and come much earlier as the time to just wait in line and fill out a silly informational form and then re-enter the line added about an hour to the process! Our interview is at 10:15am but I think I ill plan on arriving at 9am. It seems despite the times they give you, they still process FIFO. The times seem to be just to stagger the load for the day. We need it to be somewhat timely as we have to fly out in the afternoon so I can get to work in PA.

Yes, best way to track at at this point is through the NVC call in line in the U.S.. Probably call once a month and get the standard "AP" response but eventually you will hear when they send out the call-in letter but they will have no more information than that. I suspect they can see the status of the SAO check (and whether it is in the state depts hands in DC or at the consulate) but they never will reveal that status as it is a "security" check. The VO may be referring to some SAOs that typically take 2 weeks. This one though is a different kind that takes longer, unfortunately. I think when we got held up a 2nd time after we got the pink slip was for another of the short checks since she had been in the U.S. again since the last check was done. Lee

Find the Asian grocery store! Funny thing, my wife has been using Szechuan pepper she brought from China in her cooking but she has been unable to find it.... at a reasonable price :S ... since she has been here. We have even found some close to authentic chinese restauramts and they don't use Szechuan pepper, only chili paste. They smirk and comment that they don't use it... Americans really don't care and the Chinese don't seem to mind so much, heh. So luckily she already brought a years supply of it with her and intends to restock on her next visit. Yes, we did find it, and I point it out to her but she gripes about it being wayyy over priced here... (well, yeah, they got to SHIP it.. hehe). So the moral of the story is that she may want to bring with her those little things that she really likes that she is dependent on, at least until she can find it in the U.S. She is still trying to learn how to make steamed bread here in the U.S. with local ingredients....

Is that what they wrote on the blue slip? Did they accept your letter as the response to the blue slip or do you need to write something else back to them? Your letter should be addressing this question (about not subscribing to the views of the party, nor having any leadership positions). If they need this further clarification, you are going to have to send in the letter again with more direct response to that question I guess. I would imagine stating that you don't subscribe to theses things nor did you have any leadership positions reflecting any acceptance should be sufficient. Unfortunately this adds to the delay if you have to send something more in. It would have helped if you asked them at the time if the letter you are providing addresses this question so they could start the security check. Unless things have changed dramatically, the process is more than a couple weeks, usually now about 3-4 months, after they receive and process your response. Lee

Ahh... so it IS normal... same thing happened to us!

6 months is the standard response, doesn't really mean anything. I would think calling every 2 months would be OK.

After my woman did that after the B visa interview, I gave her orders NOT to do that again! Congrats!!!

Had the biometrics done today in Seattle. It was about an hour wait before it was done! Ugh... Some tips: - Don't try and walk-in. There is a sign on the clerk window saying that if your appointment is not that day or that office, follow the instructions on the form to reschedule. They were way too busy for walk-ins. - You go to the window and they give you a stupid form to fill out all with bio questions they already have. Then you have to go in line again. Go back in line as soon as you have the form and fill it out while in line. - $7 parking fee.. blech However she said the people were very nice doing the biometrics which was just photo (why did we send in photos?) and fingerprints. Lee

Since this has become pinworthy, I'll add more to it! Here is the FAM that talks about the CCP inadmissability and the exceptions to it: http://www.state.gov/documents/organization/86972.pdf Anyone with a CCPer should read this carefully and make sure the letter touches directly on some of the exceptions that apply. She/he should be prepared to discuss the letter if questioned about it. This one would probably apply to most: "9 FAM 40.34 N6.4-2 Membership for Employment Aliens who joined communist organizations solely for the purpose of obtaining, retaining, changing, or advancing in employment commensurate with their educational background and experience, whose memberships were nominal, and who do not appear to have subscribed to communist ideology, may be considered to be within the purview of INA 212(a)(3)(D)(ii)." Note that the letter you are submitting is NOT seeking a waiver from inadmissability. They are simply required to submit for a Security Advisory Opinion (SAO) , or essentially a deeper background check as you will see described in the FAM above, required for visas from certain countries. You can read more about the SAO process here: http://en.wikipedia.org/wiki/Security_Advisory_Opinion This check is essentially the bulk of the 3-6 month waiting period and any inquiries to the status of the visa will just be met with "...in Administrative Processing...". Fortunately most CCP cases in the past 2-3 years have completed checks in 3-4 months. Note that if she/he was a member of the CCP at any time during the past 5 years, they are required to go through this check. The I-601 waiver form is only for if you are denied a visa on the grounds of being in CCP and can thus apply for a waiver (at great expense). This is typically used for an AOS situation in the US where a denial has occurred. Keep in mind that the CCP question will come up again on the I-485, so including an updated copy of the letter again would be prudent. It may be discussed again at the interview in the states. Lee

I should review the definitive list of exceptions based on the FAM but here is what it should have off the top of my head: - When joined - Why joined [...encouraged due to better opportunities...] - Any leadership positions held [... of any substance...] - Any specific benefits received (jobs, promotions) as a result? - Had any job that required CCP? - Still active? - If so, why not quit? [...usually because it will jeapordize current position] - and most important, state that she does not subscribe to the ideaology and beliefs of the CCP and is a member only for employment purposes. ("Exhuming McCarthy...") Lee

Be careful sending them a ton of electronic documents. Make sure they are small enough in size that it doesn't overwhelm them on their side or they will reject for new "technical" reasons! Just make sure your PDFs are reasonable in size and break into multiple PDFs, one for each subject area.

All European require either a visa for that country, or the Shengen Visa. http://www.schengenvisa.cc/ If the Aisian country required a visa before, they still require a visa to visit. http://en.wikipedia....hinese_citizens http://www.delta.com/planning_reservations/plan_flight/international_travel_information/visa_passport_information/index.jsp (Enter China Citizen, US Resident, and destination) Exception is can visit HK for up to 7 days if has green-card, and travel ticket showing continuing on to another destination like China. We are hoping to travel to Europe next year. I see the Shengen Visa covers most European countries but notably NOT the UK. So those who plan to tour Europe, make note you need a separate visa for the UK... bummer... We are planning to travel to Grand Cayman, BWI in November and I saw that the green card is good enough there, hopefully she will have it by then, otherwise will need to get a UK visa I think?

It was amazingly fast. I travel, so only get my mail every 2 weeks and I think I got it within 2 weeks of my receipt! When I sent back a request for a new appt, by the time I got home again 2 weeks later I had a new date. So far I have heard good things about the Seattle office on here. Her biometrics appointment is on the 18th.

Having the letter prepared is key to cutting about a month off the delay. Our blue took about 3 months even when we submitted the letter at the interview but it can run as long as 6.

So we got back a rescheduled date pretty quickly and they did give the next reasonable available date I provided to them. I would recommend going through the process to request a more convenient date rather than walk-in just to be safe. The office is about 45 mins from us.

There is more to her past that they are looking into. As mentioned, CCP membership, or any overseas travel will require getting background checks of various kinds. We went through that ourselves. Also, as one background check is returned, sometimes another expires and needs to be redone, a viscious circle. It sounds like the VO was green and a supervisor made them go back and be more thorough, hence all the back and forth. Many months of blue AP is not uncommmon. Just have to sweat it out, I know it is agonizing. We had our share of delays but we were among the lucky ones....

Yeah I got the suggestion to walk in but we can't make it any time before the scheduled appt so I figured it was safest to request a reschedule to push it out and then if we can't make the date they give us, do a walk in. Thanks! Lee

Got the biometrics appt. Wow, so fast. Scheduled for Feb 3rd but we can't make that so I sent it back with the request of some specific dates and ranges of dates so we will see if they accommodate. Does this directly hold up the processing or does it continue in without this to a point?

For anyone that does make headway with their senator, its really important to point out that this is a systematic and serious problem with many others. If we can get one senator willing to support the cause, its a start. You may also want to point them to the lawsuit filed for a vietnamese couple mentioned in the Ellis forum, it really states a lot of the same issues we have dealt with, especially yours, its very similar. I don't know of other cases currently in play. The concern is the law gives complete authority to the consulate with no right of due process for the citizen.

How much lead time do they give you on the biometrics appointment? Can you request to change it? Can you request a specific date or day of the week? How do you change it? Do they really need to do biometrics when they have fingerprinted her several times for her B and K visas? What more do they need? Can you report to a different office to have it done? We travel all the time and are rarely home. We make arrangements about a month in advance so need to know about when it might come up so to hold off on making the travel plans. Got the text and email last week that they got the packet so I imagine an appointment will be scheduled soon.

We are wondering about this same topic and have some more questions: - Can you take a lump sum distribution at any time? - Do you have to be a Chinese citizen still to do so? - Is the husband or other family entitled to any benefits if she dies before him? - When does the plan begin to pay out? (ties to the different options?) - How/where/when do you make your payments into the program? - Are there limitations based on how much she worked in China, or not, as long as she keeps paying in? Anyone know? I will research and compile my findings here: Interesting article: explains the 4 different categories of eligibility and that yes, its too good a deal, so they need to raise the retirement age. They are also going to add farmers into the program and work toward covering everyone... http://www.zeenews.com/news664879.html This summarizes the different components of the Social Security system. I saw in another article that the contributions by employee and employer vary by city and sector (civil, private, etc...). My wife said she is eligible for a lump sum payout from her housing fund if she emmigrates. She needs to show her green card to her former employer to get that distribution (refund of her contributions I assume). http://www.china-briefing.com/news/2010/09/14/chinas-social-security-system.html