bullmastiff

Have you been intimate ??? If not, then , just forget about this . Why dont you learn Chinese ??? when I first met my wife , I only spoke a few words of Chinese, but I quickly learned it and become fluent . She has not learned much English though because she can communicate well with me. I become Chinese !

VERY SIMPLE ! YOU NEED TO SHOW THAT YOUR CURRENT & PREVIOUS MARRIAGES WERE / ARE NOT DONE FOR IMMIGRATION PURPOSE ONLY ! THE BURDEN OF PROOF IS ON YOU !!!

Don't just email and call . Did you make an infopass appt with the local USCIS office having jurisdiction over your area ??? What is the reason for RFE ??? Is it just translation /notarization of documents ?

I am sorry to hear this . If they think she paid you to get her and her daughter into the US , it is a VERY serious charge . It is a crime in that is punishable by imprisonment. If you are clean , stand tall and hold it together with your wife . Be cooperative with them , what ever they want to see, let them see it . At the end, you will prevail. Please understand that China is a high fraud country. Everyday, there are human trafficking , marriage fraud,etc.... Real crooks probably slipped through , they know what they are doing , so long as they are not doing it too many .... Unfortunately, sometimes , good people also got caught in the trouble when their profiles don't seem logical .... Did you front load everything when you did your petition filing ??? what 's your socio economic status compared to hers ?

Where did they send the ITIN to ? to China or to the address in the US ??? I put down my US address as the wife's mailing address in W7 . I need the ITIN # in order to file for the state return. How long did it take you to get the ITIN # ? Thanks.

Thanks Lee. That is what I'm doing, separating different subjects into their own PDF file. Since my income contains $53,000 of VA benefits and SSDI benefits I am trying my best to stress them, as you can't even list VA bene's on a 1040 (the instructions even tell you NOT to list them), as well, the SSDI, while it gets listed on line 22 or so, it doesn't get added into the right hand list. My largest file is 47 pages....of bank statements (notorized by the bank) which I highlighted the date of direct deposit and amount, my name and address, and the two lines that say 12/08 US TREASURY SOC SEC 12/30 US TREASURY VA BENEFIT and the dollar amounts deposited to their right. Yes the file is big, but it is in monthly and yearly order and when you open it is easily and chronologically read, top to bottom...again, soley on that one subject verifying my direct deposits. Then there is a file pertaining to my SSDI Award, the date it started and the amounts initially deposited, as well as yearly SS 1099's and verification of the monthly amount sent to me. Veterans Administration... Same thing, all separate with verification, date started, current benefit, etc. Thanks for saying that Lee. I use any advice given to me. My individual files have an easily read heading and will pertain to one subject with no overlapping and confusion. With the majority of my income now being non-taxable I feel I must highlite it somehow to make sure they don't discount it in any way. That requires couple of more files to be generated to stress and verify those two incomes. Good luck with your AOS. In three weeks we will celebrate our second anniversary so our case will turn into an IR-1 before the interview...maybe even before the P-2 from USCIS. If my wife gets to come over this time, I don't want to have to deal with the government for another 9 years and 9 months. tsap seui I do hope that you 'll be able to go to GZ for your wife's interview.

The best way is the passport route. I tried those other forms of ID and wound up getting my wife to just send her passport to me. It took a total of 4 days to get here to me. I took it and got a copy of it notorized. Bullmastif madea good post below. What I found was at the costs of white books these days, it was almost as expensive as replacing my wife's passport to get a consulate to certify the damn thing. So she sent it and it got here very quickly. I also got the power of attorney thing too, not that we will be getting any refunds, just because I wanted some POWER!!! Good luck, the most sure way is the passport route.....and you only need one thing certifyed, not 2 or 3. tsap seui Maybe I will get her to send it to me. I can take it back to her next month. I will have to take this tax crap to someone to fill out this crap, crap, crap, anyway. I do not mind at all paying taxes, it is just the complex crapppppy forms to fill out............more steam, I know.......... You'll probably end up preparing the 1040 and others yourself . Most tax preparers in small towns don't have a clue about this. Not many people in the US is in our situation with spouse 7000 miles away and doing everything right according to rules & regulations.

NO ! This is what you need to accompany W-7 : notarized copy of her passport done by the US Consulate in China . W7 form has to be signed by her and list your SSN . Along with these, in 1040 , you check married filing joint return with her SSN entered as ITIN being applied for. Along with the 1040 , you need to include a statement stating that both of you want to be treated as a resident for the tax year of 2010 . Both of you sign the statement. By the way, if you are expecting a refund , you might as well be prepared ahead to get Dept. of Revenue Power of attorney form notarized by the US Consulate in China. This way, you will have not problem in depositing the joint refund check . Of course, unless, you want to try it with the direct deposit route. ( take your own risk ).

[Thanks Bullmastiff - Well, I suppose that could have been the decision, but we filed a K1 already. To be honest, at the time of evaluating the options, the K1 seemed like the faster way to get us back together and was recommended by folks on the VJ site. I could no longer remain in China, nor was I sure when I could go back, so the decision at that time was to bring her here. Well , don't be surprise if she gets a denial letter and they 'll probably let it expire . CR1 & K1 take about the same time . CR1 is much cheaper to finish . You had lived with this woman for a while , why still doing K1 ??? By Chinese culture or anything else , it looks odd. That's what visa officer is going to look at . Moral judgement , don't worry about it . You are not a predator , so this is not an issue. VO is not here to be a religious order . They just want to know if it is a bonafide or non bonafide relationship ! If they think ( even so slightly ) it is not a bonafide relationship ,especially with K1 visa , just refuse it . Thanks for your money , and here is the white slip .

Immigration is not about moral judgement of who is screwing who ? What the government is interested in knowing is if this relationship is a bonafide one or it 's merely for immigration purpose . With that being said , the only question I would raise to her or to you if I were the VO , why engagement at this point ? It looks kind of odd after you guys had been cohabiated for quite some times , why not get married in China and bring her over as a spouse ??? Remember , fiancee has no legal protection at all !!! spouse does.... as you know , it's so easy to deny K1 visa and let it expire. Thanks for the donation to the US goverment and you 'll get a denial with no recourse.

Wayne ; You are doing the right things . I am sure in time, if you and your wife are persistent in your journey, you will succeed. On the mean time , if you have the luxury of being able to afford it , try to spend more time with her . There is no use to waste your life just waiting for this process to finish . Life is to share with some one whom you love. Do that the best you can .

You don't mind sharing which bank ? Some banks are more annals ,eg. BOA. I have done this with: Wachovia - now Wells Fargo Bank of America There is NO WAY that they check electronic transfer from the US government to make sure its a joint account if your married. I would bet my 50 cents all banks will accept electronic tranfer from the IRS. You are probably right . The only thing is do this on your own risk because if it is lost or rejected for some reasons, one has to deal with chasing the IRS around,etc.... DD is the most risky unless it's been done before. that's why payroll people usually do a test before sending your paycheck there ,eg. by sending $1 into the account.

Getting a cosponsor is not a bad idea. However, in reading this story, I am very touched. You have served your country in combat field and now receiving disability as a result of the tour of duty . We owe you soldier ! I hope the interviewing officer honors this country by honoring those who have served this country in harmful situation. As long as you meet the income requirement , why not ? that's just my opinion. By the way, have you thought of doing the expedited process ? considering your personal situation with your health,etc....& you are a combat vet.

http://www.fms.treas.gov/checkclaims/fms_form_232.pdf Specific Power of Attorney BY INDIVIDUAL FOR THE COLLECTION OF A SPECIFIED CHECK DRAWN ON THE UNITED STATES TREASURY If the link doesn't work directly, copy the link to the browser. If you have problem convincing the bank, attached is the treasury form designed specifically for the purpose. Read the instruction carefully. This is the treasury form and instruction so it's very convincing. I had problem myself and went to many banks and no one will let me do it. Once I showed the form to one bank (Bank of America), they changed their mind and I deposited the check. Of course, my poor wife had to make a trip to local consulate to have the power attorney notarized. Believe me, you will have hard time to find a bank willing to accept the check if you don't have the document. chl2010 Thanks so much for this info. I hope moderator will post this note . This is very important. US consul does power of atty ,etc... with a fee ( $40 , I think ...? ). Reg. other options ,,,, they are up to their mercy ... No guarantee ... you can spin around and around wasting time; or you may get lucky and done. I agree it is a pain in the rear . Going inside US consul is not so pleasant either ; for non US citizen , they get treated like rabbid ( I have to agree with Tsap Tsui ) by the security .

You don't mind sharing which bank ? Some banks are more annals ,eg. BOA.

I think this topics affect many of us who is currently filing I -130 . This doesn't apply to I-129 F since you guys are not married yet ; you can't file joint return. I am going to file joint return for my 2010 taxes ( both Federal & State ) with my wife who is still in China ; like many of us here; and will be there for sometimes til she can get the visa to come to the United States. Of course, as previously discussed on this board, we need to attach in the 1040 form : 1. W7 application for ITIN ( individual tax payer ID #) and notarized copy of her passport ( US consul notarization) and 2. signed joint declaration by me and my wife stating that we both want to be treated as a US resident for this tax year . The issue is this . When we get the refund check , it'll have both names . In the US , my bank account only have my name . There is no way she can get her name added into it without being present at the branch . The bank will not allow two named check deposited into a single account . So, I will be stuck with a refund check that I can't deposit into my account. any thought on how to solve this problem ???

If I were you , I 'd seek out advice from a very competent immigration attorney before making the final decision . Immigration attorney who deals a lot with rich immgrants ( investors,etc..... ) . They often have to deal with these kind of issues ; keeping greencards , ditching greencards,etc....

If I were you , I would not withdraw my petition without consulting a lawyer who is very knowledgable in immigration laws. Just be wary of the future consequences . They are always thinking about fraud no matter what your explantion will be. Plus, you don't know what the immigration laws will be 5 years from now. They may put spouse in visa number limited category. If you can show no intent of abandoning your residence , you are allowed to stay abroad on a temporary basis . Go back to the US a few times a yr, have a property, bank acct, do your taxes ,etc....

Ditching the coveted greencard ? This is a very interesting matter. It's an eye opening that we may start losing our attractiveness or appeal as the land of opportunity ??? Yes, income abroad for US citizens & greencard holders are subjected to taxes . There is about $80 K exemption for foreign residence .Filing may get complicated if they have properties and other sources of income abroad ; especially if they are not that kosher.... you know what i mean.... I just wondered if there is anyone who abandons the US citizenship to take up PRC citizenship ??? It used to be those who do PRC naturalization are from poor countries in Africa , Cuba,etc.... Who knows what is now ???

Even death penalty cases in China don't take that long to execute. It should be if there is something solid to charge someone , do it right away, otherwise , let it go . Unless , there is an ongoing investigation that takes time to complete . I guess this is the way they want to screen any one whose relationship is shaky; they will drop out . Those who stand up and continue will eventually get IR-1 visa instead of CR 1 . I wonder if there is statistic on how many petition gets withdrawn or relationship gets broken after the white slip. eg. 90% of white slip recipients ends up in divorce or broken up ? Just curious.

It was almost 2 years lapsed between the denied visa interview and the 2nd interview. It is a test of patience and perseverance. Yep, two years. That was what I was trying to explain to Dave...his wait is most likely gonna be two years, having to await the diligent do-do's in Guangzhou to send your case back to USCIS, the USCIS finally gets it from the NVC, and sends you the reasons why you were denied...then you make your rebuttal, USCIS looks at that, makes their decision (if it's favorable) then sends your reafirmed case back to lala land in Guangzhou....who....pant pant pant...schedule you a new interview....2 years, about anyway you cut it. Thanks for posting a real life case Ming. I'm not even to the P-2 from USCIS from our second attempt....it's only been a short 4 years 4 months, and 4 days since I started this glorious journey....er...ah....WAIT. tsap seui Why does it take that long ? files were sent electronically to GZ and the findings can also be sent electronically back to USCIS . Unless there is a pending investigation such as human trafficking, fraud ring, terrorism , crimes,etc.... something that involves law enforcement between the two countries,etc... I hope someone can provide the true highlight why it takes this long ?

It was almost 2 years lapsed between the denied visa interview and the 2nd interview. It is a test of patience and perseverance.

Your case sounded so weird . After the officer said congrat and passed then turned around and got denial slip ??? Please share with us all the details as to the reasons why you think she got denial ??? Please stop cursing at everything , it doesn't help members understand your situation and perhaps offer to help. If I could only guess, it's most probably they found some evidence of fraud in your case after checking things in more detail .

I really hope they will facilitate your scheduling due to your deployment . We as a nation should be thankful to those who are serving our country. You are doing the right things. All the best.

Man, I am sorry to hear you and your wifes story. I sit here all alone on Christmas just as you and so many others who the criminal acts of the DOS hooligans in Guangzhou have affected our lives. This whole "Homeland Security" crap and the potential for scamming by, mainly, Chinese women has been long ago taken way beyond any reasonable credibility. The heartless acts of the Department of State officials, particularily, in China, and their singular "speculation and conjecture" on cases before them has become the REAL SCAM. The term, "Did not prove a bona fide relationship at the interview" is nothing more than a bald face lie for the DOS personal to hide behind. With that said, Gary....I have no other way to put it nicely or blunt the message for you and your wife...you are going to have to wait. Wait, until your case is sent back from the criminals in the State Department at the consulate in Guangzhou to the folks within your USCIS service center. Then you will have to wait until the USCIS reviews your case, sends you the statements the DOS made against you and your wife, and gives you a limitied amount of time to rebut those charges, send it back to USCIS, and then they review your rebuttal. I suggest you try all the congressional inquirys and other approaches you can dream up or are suggested....but...it's not going to make one bit of difference in your wait. What it will do is give you something to do, and it will show your wife you are trying your best. Not trying to dampen your already ruined Christmas but openly and honestly speaking from years of experience...between you and me, your time would be much better off going out and flying a kite as the DOS is above reproach, they have no oversight, including your lame duck congressman (they ALL are impotent lame ducks in cases like this) and you will have to simply wait on the bastards. Now, what can you look forward to? What can you hope for? Let's hope the DOS quickly sends your case back to the NVC, who will send it to your local USCIS service center you filed through. Then, let's hope the USCIS quickly looks at your case, sends you the rebuttal information, and adjucates your case quickly....and by quickly, I don't mean some governmental forked tongue speak like "timely manner"....that's just more bullshit. The USCIS doesn't always adhere to the smoke screen "non bona fide relationship" sent to them by the DOS. No, they have their own mind and they know the DOS is full of shit. They may well reafirm your case, and then again, they could show you something you didn't have a cue about....I hate the DOS with a vengence, but it is NOT a blind hatred. The DOS lets many more scammers through than they catch so their approach is a blank one....everybody is guilty until proven innocent....The catch-22 is simply this....as you've found out so clearly, the DOS doesn't give you and your girl the courtesy of looking at your evience, even when they ask for it, TO PROVE YOUR INNOCENCE. To the DOS, innocence is only proven by YOU.....and here is that awful word again....WAITING. Waiting a year and a half, or TWO. Brother, I don't have an easier way of putting it to you. There is NO magic formula! Miracles do happen, and you know how often they happen, but they do happen. So, you try everything you can find to make them happen. It keeps you busy... for awhile. I know your wife is devastated now, as are you. I profusely apologize for not being able to be Santa Claus on this Christmas Day....hell, I struggle to keep my own spirits up on freakin' days like this, BUT the thing is, I DO, and my wife has learned to do the same. I well expect you and your wife will do the same, as many before you have done. You NEVER let the f'in DOS win. You hang in there with each other. When one has a bad day the other boosts them up. Losing focus of your goals is NOT allowed. The f'in DOS may have the power to slow down the time of your being together in America, and the bastards may make you lose many months of fruitful time that you could have spent together, but THEY can NEVER interfere with or break up "a bona fide relationship." Only you and your wife can do that. Who the hell am I to write this? Well, I long ago stopped posting a timeline...it was too damn dreary, hurtful to me, and it looked like I was crying poor me. I stopped crying poor me years ago and I live my life one day at a time and look at each day as a joyful one when I talk to my wife or see her on MSN. We have grown more in the last 4 years apart, than we would ever have grown if she had been given the quick visa. We know what is important now, and petty bullshit ain't part of it anymore. It's been 4 years and 3 months since I first met my wife in person. We tried a K-1 attempt in late 2006.... Took 10 months from filing the petition to the interview. Interview: Treated like a rabid dog by the American VO and given a "no questions asked for" blue slip...told needed time to look at the case Ten months after the interview: Case denied Took the DOS 13 months to send the case back to NVC. NVC sent the case to USCIS. USCIS took all of 3 days to reaffirm our case and sent it right back to NVC, on it's way back to China. Without being able to even get a reply from DOS (in America, or China) about our case status, or even where it was, we married 10 months after the denial. I came home and 6 weeks later got a letter from USCIS saying our K-1 had been reaffirmed. Lots of laughter about that. The DOS case against us was so damn weak the USCIS didn't even bother telling me what the charges against us were, or asking me for a rebuttal letter, they simply reaffirmed the case and sent it back Good luck to you Gary. I have nothing further to offer, no more advice, speculation on your case....just to say....GOOD LUCK. I feel your pain and I know the emptiness, this is my 4th Christmas alone....and the damn well LAST ONE. My wife will either be with me next year in America....or I will be with HER in China living in our home there. The "wait" and the prison sentence of having the DOS be a part of my life will be over soon. tsap seui My middle name has been legally changed to .....Wait I am very sorry to hear your story . Why did it take so long for the review and returning the case to the US ,etc.... ? It looks like they have put no time limit at all . Can do whatever they want . That's unfair. Second, I do hope they train the Consular officer with most up to date info from the investigative field in China . Yes, I know that China is a high fraud country but don't assume that every one is a fraud ! Just because some one is hillbilly or Chinese peasants ,please don't assume he or she is surely fraudlent . Please, please, please, in my opinion, some Chinese with monies and status are more likely to take quick trips by buying a marriage. Having greencards are more like having securities for them just in case things go bad in China. I am very sorry for those who are honest and good people who have been mistreated and suffered unreasonably due to lack of good judgement on the authority part. I am sure you'll prevail at the end.