jwmurphy
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Posts posted by jwmurphy
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Nice name! My favorite phrase to say is "Wo bo sha, wo fung qua!
Congratulations on your success thus far. It's just a long road, but the biometrics is a good milestone that will hopefully net you that sought after green card in the next few months.
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Right, I agree. She is only in trouble for applying for an AOS. You are not allowed to immigrate on a non-immigrant visa.
Jeff
My reply is Off-Topic, but that statement is not true. If someone is here legally on any visa they can apply for AOS.
For example, my ex-wife was here on a student Visa, and after we married we applied for AOS.
The issue is if you violated the intent of the visa. If someone gets a tourist visa, and just uses it to get married that is looked at as misusing the visa and AOS could be denied. If they come on the same tourist Visa for a 6 month stay and after 4 months fall in love with someone and get married in Vegas... that is NOT a misuse of the visa, and AOS is no problem.
Yes, it is subjective. But they tend to be lenient unless it is obvious misuse. And even then, if they pay the $1,000 fee, they tend to still be lenient (though there are horror stories out there).
Exceptions would be K-1 (can only apply for AOS after marriage to the beneficiary), and Visa waivers (can't apply for any kind of visa or extention). There may be other exceptions, but by and large it is no problem.
Yes this issue was discussed before. Your example where your friend was here as a student, fell in love and got married. This is acceptable because they did plan to get married. In this case they came to US got married went back to china and because of health issues he had to return to the US. She had a valid 1B visa and came to the US to be with her husband. They filed for an AOS and thats when then trouble started.
Now if she came to the US and they got married and didn't plan it then it would be a different situation.
Wouldn't their situation actually be like a couple that married over seas except they married in Las Vegas? They should have filed a c130 while she is in China?
Except now she here so she shouldn't leave. They need a immigration lawyer to help straighten out this issue.
Jeff
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Another proud moment to claim as an American, I'm sorry to hear about the abuse that your SO and you have to go through. I would definitely contact my Congresssman and ask for help.
Jeff
Again, thanks guys. While I don't have any questions to ask at this point it's great to have friendly support.
I understood when I went to ACH that I would not get any answer to just what they needed more time for but I followed my girlfriends lead and kept my composure as I asked the VO 20 minutes of questions. I kept a smile on my face yet got my 3 pages of questions, comments, and trying to give my certified evolution of relationship letter and the important part of my self employed financial information. I knew he wouldn't take them, after the fact, but what the heck...I tried and can sleep now with now doubts that I did my best.
I well understand that it is a waiting game and I have nothing to blame other people for...it just is what it is.
Guangzhou was devastating to us both but I knew in my heart that if I went home (her home) with her and we took the time to talk and be with each other that we would get the speculation and conjecture thoughts under control and get focused on our objective again.
I also taught my girlfriend the old adage...when given lemons, make lemonaide.
I now see that adage kicking in with her and it is making our relationship just that much more stronger.
Being 21 years sober I have had to reach inside myself and pull out the old AA prayer, "God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference."
I have used that prayer to the extreme...LOL...and it calms me. I ain't too smart but I well understand that I cannot change Guangzhou. We did our best to prepare, it will work out in the end.
Soon I will post the whole intensely detailed interview my girlfriend had. I will not disparage the VO or the process, but I WILL post it non-emotionally, and objectively, just as it happened.
I must say, my girlfriend told me that the VO hardly even looked at her during the interview as she was steadily typing the whole time and when I went to ACH I was surprised that before I even asked a question of him, as soon as the VO brought up her case on his monitor he commented that the computer showed him my girlfriend had answered many questions and that he saw she was well prepared with evidence; plus he commented that the case looked good to him and he apologized for her not getting a pink slip/visa.
Good luck to everyone,
tsap seui....and lemonaide
rheim.... man, your comment about "just a little experience with the blue slip trail" has got to be the understatement of the year. Good on ya buddy, I was so happy when your lady got her visa.
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Right, I agree. She is only in trouble for applying for an AOS. You are not allowed to immigrate on a non-immigrant visa.
Jeff
The B1 does not seem to be an issue. Whether she is legal or illegal, she is still in the same boat of trying to adjust status.
I agree about the H1B, but be sure to disclose your present situation.
Our company hired someone whose student visa expired before the H1B came through. They sent him to work out of a hotel in Beijing until it was approved.
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I still would ask them for the reference to the regulation that states your 1B visa is no longer valid.
My understanding of your situation is this.
You and your husband came to the US on business. While you were here you got married but did not intend on staying in the US. You then went back to China to live
Do to health reason your husband was forced to come back to the US. After being sepparated you decide to go to the US since you had a valid 1B visa with multiple entries. Once you got to the US you applied for an AOS. At that time you were told your 1B visa was no longer valid and you were not eligible to apply for AOS. Correct? Ask the person who told you your 1B visa was no longer valid what the reference is to the regulation that invalidates your visa.
I still think you came in legally. I don't think you have done anything wrong except apply for an AOS. I don't know if you over stayed your visit.
You are eligible to apply for any non-immigrating visa. An H-1B would allow you to stay in the US as long as your company sponsors you. If you stay long enough you can apply for a green card with the help of your comapny.
Jeff
I think they thought because they were married that it was the most logical thing to do. However she entered on a B1 visa and they can say she came in with the intent to imigrate on a non imgrant visa.
Hi Jeff, I think I need to prove to USCIS that I came in the second time for AAR training, invited by my company. They can prove that. Instead of intend to stay when first coming in, my husband and I thought it might be right thing to apply I-130 and AOS here, without knowing the fact that my visa is already invalid.
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I think they thought because they were married that it was the most logical thing to do. However she entered on a B1 visa and they can say she came in with the intent to imigrate on a non imgrant visa.
I have not seen a regulation that state a B1 is invalid once you get married. An issue visa is good until it expiration date reached. I still think you should contact your company and have them sponsor you with an H-B1 work visas and try to get your green card. This way there are no violation.
Jeff
So, it sounds like all I can do is to apply AOS or stay extension, which is impossible also because of the invalid visa.
I'm confused.. you said you already filed AOS... why do you say all you can do is apply AOS here?
I sent my I-130 on 05/16/07 and the I485 package (including I-131, and I-765, I-864, I-693) on 06/26/07 and had my photo and finger print taken on 07/27/07.That is all she could have done in order to avoid leaving or going underground/illegal.
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You may not be able to file for an AOS to immigrate. You are able to file AOS to work or go to school.
Do you and your husband still work for the same company? Have them help.
Here is some info concerning a B1 visa.
Change of Status: Individuals who enter the United States on B-1 business visas are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to other non-immigrant status, such as temporary workers (H-1B, H-2B, E-1, E-2, E-3, etc.), or to students under F-1 and M-1 visas, among other categories. Individuals who enter the United States under the the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of non-immigrant visas over the Visa Waiver Program.
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Thanks. I'm looking forward to it.
Jeff
Alright Steve, congratulations. How much do I win? I did pick Sept. 18th for your appointment day.
Jeff
Hello All,
Today, I just couldn't wait until my usual Friday status check call.....and sure enough, we have an interview date of September 18, 2007!!! The P4 shows mailed on 7-30-07. so she may receive it soon, perhaps next week....I think they mail them out in a big batch at the end of the week.
Now, I am ready to book the airline tickets....I'll leave Sept. 14 in the evening, arriving in GUZ Sunday morning early. That give us Sunday and Monday to rehearse some more....we've been practicing the interview questions by phone and webcam ever since we got the P3. She's able to answer most of the questions in English. We plan to record the communications video on Monday, and I'll go to ACH with my kitchen sink list just to get another entry in the GUZ magic computer.
We plan to return to the US September 25, actually the 26th since our flight will leave GUZ in the evening. We should be HOME TOGETHER by just after lunchtime on Wenesday Sept. 26th! I have a week off after that to let her settle in, get a SSN and state ID, and get the marriage license. The wedding will be about 2 weeks after that....I hope.....
Can you tell I'm excited? If we get the pink(we will), it will be 8 months and 10 days from mailing the petition to the TSC...(it was transferred to the CSC)....I think we are lucky our case has moved so fast. Hope our luck holds out just a bit longer.....
It's been a very long-seeming road, even though our case is fairly speedy compared to some others....I could have never endured it without the great help, support, and friendship of all of you here at CFL. Thank you all for helping me to cope with this visa process.
Next....AOS????
Steve
You are hereby awarded one (1) "Atta Boy!".....but keep in mind, that one "Aw S***" erases ALL accumulated "Atta Boy" award points.....
I'll see you get your "winnings" at the first CFL gathering for the Southern division.....
Steve
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Alright Steve, congratulations. How much do I win? I did pick Sept. 18th for your appointment day.
Jeff
Hello All,
Today, I just couldn't wait until my usual Friday status check call.....and sure enough, we have an interview date of September 18, 2007!!! The P4 shows mailed on 7-30-07. so she may receive it soon, perhaps next week....I think they mail them out in a big batch at the end of the week.
Now, I am ready to book the airline tickets....I'll leave Sept. 14 in the evening, arriving in GUZ Sunday morning early. That give us Sunday and Monday to rehearse some more....we've been practicing the interview questions by phone and webcam ever since we got the P3. She's able to answer most of the questions in English. We plan to record the communications video on Monday, and I'll go to ACH with my kitchen sink list just to get another entry in the GUZ magic computer.
We plan to return to the US September 25, actually the 26th since our flight will leave GUZ in the evening. We should be HOME TOGETHER by just after lunchtime on Wenesday Sept. 26th! I have a week off after that to let her settle in, get a SSN and state ID, and get the marriage license. The wedding will be about 2 weeks after that....I hope.....
Can you tell I'm excited? If we get the pink(we will), it will be 8 months and 10 days from mailing the petition to the TSC...(it was transferred to the CSC)....I think we are lucky our case has moved so fast. Hope our luck holds out just a bit longer.....
It's been a very long-seeming road, even though our case is fairly speedy compared to some others....I could have never endured it without the great help, support, and friendship of all of you here at CFL. Thank you all for helping me to cope with this visa process.
Next....AOS????
Steve
You are hereby awarded one (1) "Atta Boy!".....but keep in mind, that one "Aw S***" erases ALL accumulated "Atta Boy" award points.....
I'll see you get your "winnings" at the first CFL gathering for the Southern division.....
Steve
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Alright Steve, congratulations. How much do I win? I did pick Sept. 18th for your appointment day.
Jeff
Hello All,
Today, I just couldn't wait until my usual Friday status check call.....and sure enough, we have an interview date of September 18, 2007!!! The P4 shows mailed on 7-30-07. so she may receive it soon, perhaps next week....I think they mail them out in a big batch at the end of the week.
Now, I am ready to book the airline tickets....I'll leave Sept. 14 in the evening, arriving in GUZ Sunday morning early. That give us Sunday and Monday to rehearse some more....we've been practicing the interview questions by phone and webcam ever since we got the P3. She's able to answer most of the questions in English. We plan to record the communications video on Monday, and I'll go to ACH with my kitchen sink list just to get another entry in the GUZ magic computer.
We plan to return to the US September 25, actually the 26th since our flight will leave GUZ in the evening. We should be HOME TOGETHER by just after lunchtime on Wenesday Sept. 26th! I have a week off after that to let her settle in, get a SSN and state ID, and get the marriage license. The wedding will be about 2 weeks after that....I hope.....
Can you tell I'm excited? If we get the pink(we will), it will be 8 months and 10 days from mailing the petition to the TSC...(it was transferred to the CSC)....I think we are lucky our case has moved so fast. Hope our luck holds out just a bit longer.....
It's been a very long-seeming road, even though our case is fairly speedy compared to some others....I could have never endured it without the great help, support, and friendship of all of you here at CFL. Thank you all for helping me to cope with this visa process.
Next....AOS????
Steve
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The people I know want to work in the US but they want to be able to go back and retire in China.
Jeff
There is a way all that malarkey can be avoided for your Chinese SO, and that is U.S. Citizenship.
Hi TY99, I think as China improves economically each year, you'll find more and more Chinese not wanting to give up their citizenship as we move forward. Many Chinese want to live in the US for various reasons, but they may not necessarily want to give up their Chinese citizenship. In the past, it was easier to give up as China was so poor compared to the US, but as we move forward in time, that is quickly changing for some in China. There are still a lot of poor folks in China to be sure, but there are some Chinese people who are becoming quite well off and more are added to this list each year, and I suspect many on this list will not want to give up their Chinese citizenship so easily.
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GUZ is required to process visas within a defined period of time. Some applications process faster than others. I believe this why some couple interview dates are posted later and and some sooner. I think the key is to look when it arrives in GUZ. Usually the application which is given a short time to the interview date usually arrived in GUZ before the application that was given a longer time to the interview date.
Jeff
Congrats !!!!
Nice timeline... We are running about 30 days apart.... I guess that means a Oct 30th interview date there about for my SO.... Darn I was hoping for a Sept date...
>L
Who knows... I thought that they did things chronologically, but the fact that Kris-Jing's P4 was sent out yesterday, and their interview date is 9/25 confuses me big time. Mine was sent out today but interview date is 9/15... wonder how that is... perhaps mine was processed before theirs or something... I don't know.
They have usually assigned interview dates in inverse order - when they begin assigning dates for a month, the dates are assigned from the end of the month forward.
The last dates assigned - at the beginning of the month - occasionally have had as little as 2 weeks notice.
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Congratulations Steve, It took us a month and a week to get our appointment date from the time we sent P3. It took two weeks to get our interview date from the time GUZ acknowledged receiving P3. So, you are doing pretty good. Hang in there.
Jeff
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I was quoted by a lawyer it takes 2 - 4 months to get an AP after you file for your AOS. You file for AP at the same time you file for AOS.
I'm a K-1 filer. As we are planning for our future and talking about where to have our big wedding ceremony, China is looking more clearly as our best option.
One thing we need to consider is when is the earliest my then-wife can return to have our reception in China, presuming all goes well? It is some point after AOS, but exactly when?
A very quick search on CFL resulted in no direct answers to this question, but I apologize if this question was responded to in an earlier post.
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You are right, I should have stated that not all chronic Hep B cases lead to death. Yet it is serious enough to make the top 10 illness list.
Jeff
On the 3rd, that is too scary, and not truely accurate. In a healthy adult person, Hepatitis only has about a 5% chance of becoming chronic. In an immune compromised person or a child this can be up to 25%. In an infant it is almost 100%. This is probably where the 10% average comes from.
But Chronic hep B doesn't "lead to death". Only about 25% of chronic Hep B cases are eventually fatal, which means 75% are not. This is usually through liver cancer or cirrosis caused by the frequent liver damage, or changes in liver cells DNA form the virus.
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It is only contagious thru sex if blood is present, correct? A female can pass Hep B to a male if she is menstruating but a male can not pass it to a female. In the US the most common person to contract Hep B are drug users using a contaminated needles or homosexual because of certain practices.
In the US, 10% of the Hep B cases are chronic and lead to death. Hep B is in the top 10 killer deseases in the US.
Once she gets here you need to treat this situation seriously, if she has Hep B or Hep C.
Jeff
She probably has Hepatitis B if any. A does not become chronic ever and is highly contageous. C isn't very common in China. B is rampant. Liver cancer caused by hep B is a huge killer in China.
And Hep B IS contageous. It is often not very contageous if it is in an inactive state as it is for most Chinese who have it because the majority of them contract it at birth, but it is contageous through blood and through sex. You should get vaccinated. Anyone who will be living with her should get vaccinated.
Research it, don't believe ANYTHING the Chinese doctors say about it without consulting someone in the states or even on the web to confirm it. For the country with the highest level of Hep B infections, the Chinese medical community knows NOTHING about it. If you don't believe me, PM me.
It will not affect her K-1 at all.
But keep this in mind going forward:
1. Get a full liver exam with a specialist in the US. This should include ultrasound at a minimum and preferrably a liver biopsy.
2. You and anyone who will be living with her should be vaccinated against Hep B.
3. She should be vaccinated against Hep A. It is a much less severe disease, but for someone who already has Hep B, getting Hep A also can be devistating.
4. Ask the specialist about recommendations for control. Sometimes they will suggest antivirals, but they all have their own risks associated. In some rare cases Interferon can cure it completely, but with the most common Chinese strains the chances are nearly abyssimal.
5. Have her get regular liver exams. Every 6 months is recommended. Every year is a bare minimum.
6. If you have children in the future, make sure the doctors are aware and administer the baby a shot of Hep-B immunoglobulin and the vaccine within 14 hours of birth. This will reduce their chance of contracting it to less than 5%
7. Be cautious of what medications she uses... you know that warning on Tylenol that says "People with liver problems... blah blah blah..."? This is for her.
Be aware that Chronic Hep B if left completely untreated carries a 25% chance of fatality. If treated this is much much lower.
This isn't meant to be "oooh scary"... Chances are she will be just fine for her whole life. I just want to point out to you that her condition has probably been ignored or mishandled by her doctors her whole life, and now is the time to be proactive.
If you have any questions, PM me, or ask me here. I'll do my best to point you in the right direction.
- Jason
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You are probably right. Its just wishful thinking on my part. I'll probably fork over the $200 for a duplicate.
I hope my email from them is sufficient or else I'll be forking out more money for a duplicate.
Somehow I don't think that email will suffice. It's much too easy to forge an email.
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I hope my email from them is sufficient or else I'll be forking out more money for a duplicate.
File a complaint with your post office if this continues to happen to you. Some mail deliverers are sloppy and just don't care. The post office would be the first place to file a complaint.
Yea, my neighbor has filed a few complaints. Maybe it's time for myself (and others in the neighborhood to speak up). The possibility of getting immigration papers lost definitely scares me!
My snail mail NOA2 was sent back to the CSC because I moved. In May, I paid $200 to have a duplicate sent to me. I will need it for AOS. I still don't have it yet. Don't let these documents get lost, it's a %$#@$# nightmare! Just ask XiaoHeather.
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I never received my NOA2 when I filed for my SO k1 visa. I called and had them send me email notifying me that my petion was approved and sent on to GUZ. It's not the first ime th USPS lost my mail. What can you do? It is always best to send your post certified so it will be track but there isn't much you can do about mail comming to you. Just be aware its comming and if you don't get it try to get comfirmation it was sent.
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I find it ironic how much trouble everyone is having trying to follow the process and get a drivers license but there is so much talk about illegal aliens should be able to get driver licenses.
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Extension is probably a better word to use than "renew". You are allowed to extend your visa while staying in China but you have to leave China to get a new visa if your existing one expires.
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Thats OK about the questions, I still remeber how tough it is to wait. Any understanding to estimate the process will definitely help prevent the nerves from becomming to frayed.
Here is some personal information I think you might find helpful. I'm 52 and she is 40 so we are not young. She is a widow and I'm a widower. She lost her husband 8 years ago and I lost my wife 5 years ago. I used a immigration lawyer to file the petition and I'm financially secure.
Hope this helps.
Jeff
Hi Jeff,
The feeling must be exhilirating to know she passed! Congratulations!
By the way, I'm trying to understand better who is getting the shorter interviews. Did either of you have a divorce in your past? A big age difference or any potential financial issues? Were there any potential issues that could have brought additional attention during her interview?
Sorry to be so inquisitive. Please be general in your responses or PM me if necessary -- I'm just trying to understand how some people fly through the process and others seem to be on the slow train.
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I'm back from Guangzhou and we got our K1 visa! She came back and she tried to tell me she didn't get her pink slip. I had a hard to believing her as I watched her try to hide her smile. She couldn't hide it.
All the worrying the night before was worth it. The VO only talked to her for a minute and a half. She showed him our passports and pictures and she explained we first started communicating 18 months ago and we met in Beijing last summer. He congratulated her. She got her pink slip. She said a lot of the women wanted to know what she did to get thru so quickly. She also said that maybe 1 and 5 were getting pink slips so she was really nervous. Anyway we went out and celebrated and drank a lot of ice cold Harbin beer and crab that night.
She is home now and depending on her fathers health we'll decide when she will come to the States. It is great to know that she has the visa now and she can come whenever she is ready.
She also met another girl from Harbin who interviewed the same day. She got her pink slip too and we ran into her agin at the Post Office when we were picking up our visa on Saturday. Does anyone here know some one like that? Lijun left her number with her and she is hoping she call when she gets back to Harbin on the 12th.
Jeff
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Have you tried getting an Immigration Lawyer. I was under the impression that if a person was a member of the Communist party, the responsiblity fell on DOS to do another name check to determine how involved that person is in the party. DOS held the right to deny a visa only if they were high level party members.
Is this correct?
Hi everyone. Although I've been reading this site for a while, this is my first time posting.
My story is that we basically first filed for a K1 visa in December of 2005. We had an interview in mid-2006. Unfortunately we went into the interview thinking we were prepared, but then it came to the "Are you or have you been a communist party member?" She was a member due to school reasons. I'm guessing they weren't happy with the way she responded to the follow-up questions, so we got a blue form. We sent in what they asked and waited for their response.
That last interview was about a year ago, and we haven't heard anything more than our case is under administrative processing. Her family seems bent on having her end our relationship and be more "practical". They are planting regular suggestions of hopelessness. After a year of not hearing anything at all from the consulate, it seems they are starting to get to her.
I guess I'm hoping that someone out there might have an idea of whats going on and if our case is likely to work out. I'd like to be able to give her something hopeful. Is there anyone I might be able to contact who would help out? The state dept and the consulate are basically giving the same amount of information.
Thanks for your help.
Chinese names
in General Visa Discussion & First Steps
Posted
The name should be the same name in her passport.
Jeff