moonglare

Hello All, I received my conditional green card in the mail the other day. When I was filling out the AOS paperwork I research here how to go about to send in the I-693 (I think part . I elected to not go to a civil doctor and send in the form. Because when my wife arrived at the airport at JFK, she gave the officer the sealed medical package and she was left with the x-rays. She had her medical done with shots done in China and she saw that the doctor had wrote everything in English. Plus I didn't want her to take more repeated medical shots and tests if she doesn't need it. I did call some civil doctors but they all seemed flakey. So I only included a letter in the AOS package that explained this. I was willing to get back an answer that told us that we will have to get this form done and go to a doctor before the AOS interview, but no interview and they were satisfied with my explanation. -moonglare

It does help with quite a few forms. Including to get a state ID in her married name. Plus, the EAD that Randy mentioned is useful even if she does not work. It helps with various ID and other cases. I went back to the Social Security Administration last week armed with the information that several members directed me to. I got there at seven in the morning and I immediately asked to speak to a supervisor. A lady said ¡°yes how may I help you¡±. I told her that the prior week we were denied our SSN because the official stated that our K1 expired when we got married. She said ¡°that¡¯s not correct, how long has she been in the country?¡± I told her only a month ¨C she then says ¡°go to my window¡±. She was very professional and friendly. Life¡¯s been good since then. We open up a joint checking account, IRA, library card, YMCA membership and updated her individual bank account with her SSN. She is studying to take her learners permit test. I went to the Social Security Administration building in Jamaica queens NYC. There are workers there who are Chinese. Get there early and ask for a supervisor. Let this person know that you had heard of staff members not informed about K1 requirements and that you want confirmation that there would not be an issue. *The supervisor was surprised that I did not receive a letter by them as to why the SSN was declined.

It does help with quite a few forms. Including to get a state ID in her married name. Plus, the EAD that Randy mentioned is useful even if she does not work. It helps with various ID and other cases. Thanks every one, I'm not going to let this go.

Hello all, My SO came to New York City May 1 with a K1 visa and we got married May 21. I went the next day after we got married to the social security office. I was a little prepared to expect unknowledgeable staff, but this person was way off. She turned us away stating that since my SO is now married her K1 visa expired. She said we should have applied before we married. I told her that it¡¯s stated in all official documentation about the K1 that it would expire in 90 days. For a couple of seconds I thought maybe she is right, but she then tells me that I have to apply for a K3 visa. I told her ¡°what, we don¡¯t do another visa, we go ahead for the green card¡±. Well anyway my SO didn¡¯t get a SSN. I¡¯m wondering if getting a SSN for her is really important for us right now. My SO was able to open a bank account using her passport and Chinese national ID and I¡¯ve added her to my health insurance plan at work. She doesn¡¯t plan to work this year since she is attending school full time. I've researched info about the temp SSN. It seems that I can only obtained one at the end of the year when I have my taxes prepared. (Is this correct?) Does anyone know of any reason I should insist on getting a SSN for my SO. Thanks -moonglare

I found this pdf file that clears up the 18 vs. 21 year old confusion I had regarding K2 minors. "A 3/15/07 Memorandum from Michael Aytes, Deputy Director, Domestic Operations, on adjustment of status for K-2 aliens reminds officers that the applicant is not required to demonstrate a step-parent/step-child relationship with the petitioner" http://www.peterli.us/Content/PDF/K2-AOS.pdf Interoffice Memorandum To: Service Center Directors Regional Directors District Directors Officers-In-Charge From: Michael L. Aytes /s/ Associate Director, Domestic Operations Date: March 15, 2007 Re: Adjustment of Status for K-2 Aliens 1. Purpose The purpose of this memorandum is to remind officers that K-2 aliens seeking to adjust status are NOT required to demonstrate a step-parent/step-child relationship with the petitioner. A K-2 alien who is over 18 years of age may adjust status provided they satisfy the requirements for adjustment of status under Section 245 of the Immigration and Nationality Act (INA). Officers should follow the regulations at 8 CFR 214.2(k)(6)(ii) regarding adjustment of status for K-2 aliens. The Immigration and Marriage Fraud Amendments of 1986 created a gap regarding the procedure for a K-2 alien to adjust status to that of a person admitted for permanent residence.1 The agency has filled the gap with the controlling regulation at 8 CFR 214.2(k)(6)(ii), which reads: Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record.

Thanks everyone this is very useful information. -moonglare

Hello, my SO will be arriving to the USA on May 1. We plan to get married May 17. My SO's son is 17 years old and will turned 18 on May 24. He originally did not want to come to the USA and refused the option for his visa under the K1. He now wants to come to the USA. We know that he will have to take the visa interview himself and we plan for him to come here early next year. I want to push the wedding date into June, but my SO is concerned about a later date because someone told her that it is better to get married before her son turns 18. My understanding so far is that if he is under 21 there should be no problem. Has anyone have any input about the 18 years old requirement? Thanks -moonglare

I strongly recommend that you cover your base and start learning Mandarin. You are waiting for NOA2, which means her inverview will be in five months from now. That is enough time to learn just enough to produce a five-minute video of yourself giving an introduction in Mandarin, if you should need it for overcome evidence. Learning each other¡¯s language together is a lot of fun. You should only focus on speaking which you can learn from a CD, DVD, class, or private tutor.

For the items you listed I gave them the originals because I can obtain them again. I kept copies for myself. I'm not sure if it made a difference.

Yes I agree with this statement. Just give them what they ask for but be concise, don't rush and have your statements well thought out.

Add this question as another in the interview list. My SO was just not expecting this question. The SO may have asked it with a stern voice. I gave him all the logical reasons: economical, she doesn't have an international carrier linked to her line, and I always arrange with her on the next time I will call. I am divorced so they tend to get suspicious. -MoonGlare Best wishes and Congrats to you! This is very interesting an non-intuitive... I have been combing through the spreadsheet on CFL of the visa results and denial reasons to conclude that I am in great shape so far in all but the ex-wife department according to the trend: I plan to file our 129F the day after my divorce next month. I've been separated over 1 year trying to get free. I met my new partner 5 months ago. Because I have two children in common with my X, I live in the same zip-code, even have not separated all accounts yet: I'm trying to be - and not doing too badly - at being a supportive ex-husband, and father. I surely will gather as much of this information as I have noted from MoonGlare and others regarding my X, and it seems a really good timeline is needed. - still I feel from the bio of the members' problems on this issue that it may not prevent an initial blue slip as it seems like a reason for which they just cause needless delay for honest people which have, like someone said jokingly, " an 18 year master plan" to scam one immigration. The consulate likely has to show a certain rejection rate, not that it is a fixed percent, but at least something to appear like their work is worth the effort. The better Visa applicants get, the better they have to get at being tedious and menial bureaucrats, or should I say, clerks, whichever they are, because quite frankly they are placed in a loosing situation by their very benefactors, which is how it is meant to be anyway. It is an evolution ( devolution ) of the state in which the government has gotten bigger and bigger led and voted for by people claiming to want it smaller and smaller because they are frightened by the hate speech on the truth box and don't know what else to do. I watched a poor customs official cross-examine a foreigner coming into Seattle with me. I overheard that the visitor had been here before legally, so I figure, what's the harm ? But, he didn't speak English much at all, and this customs worker of maybe 25 or 30 years old is getting belligerent with this old man, saying he has lied to him. Now, we know that determining if someone is lying without any hard evidence one way or the other is next to impossible, and yet this is the customs agent's job and the younger ones aren't even half-way full of life experience to be making these kinds of major decisions. I wouldn't feel so bad about it if they appointed senior citizens to this role, and to be fair some of the agents were a bit older. The point is the pointlessness of the whole interrogation. The government has already so much information on you and me - all they need to do is check with the IRS and can see I'm a hard working person for many years, and police search to see if I have any priors - DONE. I'm a good ol' boy. Now they might want to follow up to see if I kept my promise after the Visa, but, anything else is pointless except for the process of subjugation itself. BTW, that customs agent looked like he really hated his job, but I'll bet he needed the paycheck. It is frightening to think that Tom Cruise could actually be correctly portraying our society in the movie, "Minority Report" with the law enforcement practice of "pre-crime". Well, that is what we have today, with the only difference that we are usually denied our basic rights until we are cleared of pre-crime and only sometimes outright executed by the FBI in the airport for forgetting to take our anti-psychotic meds, or simply having a bad day, or being deaf or different, or dark skinned. Hrmmm... The evolution of the police practicing crime prevention is a recent one ( William Brown, "A Historical Overview of American Policing" ). Granted there are differences between customs and police work, but they both practice prevention more than ever and this is where the problem lies: it should be illegal to actually commit immigration fraud, period. It should NOT be illegal to lie to The Man. One could be untruthful on the form and interview and never commit immigration fraud, but the government has tied the two together, which is pre-crime policing. Thanks I had also met my SO before my divorce was final. My case is much different from yours because this was a long time ago and I could prove that I was legally separated. I should have submitted the three page evolution of relationship letter in the initial application. I still may have received a blue sheet, but I would have given the VO a framework to ask questions. Expect a lot of interest in your ex wife. Just write in detail why you got divorce, why you love your SO and how she entered your life. When I got divorced (uncontested) the lawyer wrote up a statement that had both of our separated addresses. I sent the VO that statement. Anyway you must reside at a different address when you file. Then you can prove that and paint a clear picture in the VO¡¯s mind your situation. I think it would work out well for you because you are planning to remarry and looking ahead to what you must do. Most people got engaged and then scrambled to find out how to bring their SO here. Before you file I recommend a few more trips to see her, more hand written letters, emails, and more photos. I think they will focus on the initial stages of your relationship. MoonGlare

Add this question as another in the interview list. My SO was just not expecting this question. The SO may have asked it with a stern voice. I gave him all the logical reasons: economical, she doesn't have an international carrier linked to her line, and I always arrange with her on the next time I will call. I am divorced so they tend to get suspicious. -MoonGlare

My SO just received her visa today. I want to thank everyone here because I kept close watch on your developments and it gave me encouragement. My SO had her initial interview Dec 17. which didn¡¯t go well and we had got a blue sheet. Her interview was conducted in Mandarin. My SO is a proud but nervous person and she didn¡¯t make a good case that can communicate to each other. He looked at our phone logs and asked her why I always call her and she never calls me. She told me that she tried to explain (economical) abut she made it worst by having him think that I live with someone (my ex wife). He looked at everything and kept last years tax transcript. My kitchen sink consisted of photographs, emails, MSN screen shots, MSN logs, copies of letters and their envelopes, two years tax returns, letter of employment, six months pay stubs, remittances, copy of passport, airline tickets/boarding passes. For overcome the VO wanted an evolution statement, proof that I can speak Mandarin, explain why I only call her, airline tickets with receipts, which paid and arranged the trips, relationship evidence, ex spouse SSN and current address. Needless to say we were devastated. I didn¡¯t think I could gather the overcome evidence. I haven¡¯t spoken to my ex-wife in five years and she currently lives in Japan. Also he did not mention how to prove I can speak Mandarin. First thing I worked on was the evolution letter. I submitted a three page typed and signed letter. Which mentioned how I was introduced to her, how mutual feelings developed, my personality, detail about the trips I took to Beijing, my love for her and our plans when she arrives in America. Luckily I did find my ex wife¡¯s SSN. She is a US federal employee working in Japan. I let the VO know what agency she currently works for and her email address. For my Mandarin proof I submitted a DVD of me speaking Mandarin for seventeen minutes. We were asked to mail in the evidence. Thanks again everyone. (If anyone needs more detail of my overcome, just ask me) -moonglare

We also have our interview December 17. Good luck to us all.