weregoing

Thanks, Randy. That cleared everything up. The biometric appointment is only necessary if she does NOT make it back before the expiration of the green card, correct? (Because she WILL be back well before the 2-year green card expires.) Otherwise, I don't remember reading or hearing anything else about a biometric exam. Thanks, again!

Sorry for the ignorance on this one, but it has been SO long since I have dealt with anything related to immigration. Is the i-751 the form to convert a 2 year LPR to a 10 year one? Is it 2 years from the date she arrived, the date we got married, or the day that we went in for our interiew and she official got the 2 year card? I'm guessing the latter. We still haven't received anything in the mail. She is also in China for the next 5 weeks making this all the scarier. Again, I apologize for not researching this myself or for stealing your topic, but I felt it didn't warrant a new topic. (The interviewer warned that we might not receive anything in the mail, regardless whether we change addresses or not, which we haven't - how responsible!) Thanks for any quick replies because I do NOT want this to lapse and the dates are getting very urgent. (She arrived in Sept, we were married on Oct. 22, and I forget when we did the AOS interview)

Yes Amaro, I'm sure it is only to show that they can, not caring that it could be seriously affecting someone's life. And the worst part is that they are hardly specific about what you need to send in and so you are then forced to double-check with other people (such as the very helpful people here.). And then when you do include everything they ask for and everything they SHOULD need they ask for more. Luckly my wife just had her biometrics appointment last week and we got the RFE right after and I assume that all "work" on the application had stopped anyway until the biometrics were complete. This will still delay it by at least a week for a ridiculous reason. Good luck with yours...

Yeah I just think it's absolutely crazy that the US Department of Homeland Security can't determine from the information already given to them (the information that they asked for in the first place) that my father is a U.S. citizen. It obviously has his SS# on the affidavit, and I would assume they have the ability to type that in their computers and determine his status. While it's possible they typed only his name in and found someone else, he doesn't have that common of the name, and that would be an unusual way to look up status when you have a SS# and tax reports right in front of you. Seems that they just want to delay my case and harass me a bit for whatever reason.

We got an RFE yesterday concerning my wife's AOS and of all things it was for proof that the joint sponsor (my father) is a "United States Citizen, United States National, or Lawful Permanent Resident of the United States." It says, "Submit evidence of the joint sponsor's status." "For more information, see Form I-864, page 3, 'What Is A Joint Sponsor?' For the most current version of Form I-864 including the instructions, go to "Immigration Forms" at http://www.uscis.gov or call (800) 870-3676." I re-read this section and it does not state that I must prove that my father is one of the above. I don't understand why they don't know that he is a citizen from the information we submitted. We sent in his past 3 year's Tax Reports (all meeting the income requirements) and properly filled out his own affidavit of support. We have the same last name which I know doesn't mean anything but it seems like something they would assume, and if it's something they don't assume then why not include this information in the requirements to begin with? It is not specific on what evidence will meet the requirements. But the easiest thing for him to make copies of is his passport. I am wondering which pages (if not ALL?) would be enough. I will also try to get him to copy his birth certificate, but I am tired of asking him for help. Has this happened to anyone else? Anything I could have done to avoid this? Are they "punishing" me for something they don't like about the fact that I am a full-time law student and my father is the joint sponsor? What evidence should I send that will work without question? Thanks.

Sorry, dnoblett. I should have mentioned that they most likely have no problem marrying in China first ("registering") if that would make the situation easier. Regardless of whether there are future benefits from the marriage taking place, they want to have a wedding ceremony and be legally wed in the U.S. - again, being married in China first is not an issue. Because their intent to immigrate is, at best, "sometime, possibly, at an unknown future date," I guess there are several possibilities: 1) They file for a K-1 visa, get it, somehow plan a wedding to coincide with the 90-day window of opportunity that a K-1 visa allows, then probably have to return to China before AP can be applied for. He is working in China and I doubt she has several months to sit around the U.S. to wait for an AP document. I am guessing that by doing this she will give up her "right" to file AOS. So, basically they spend a whole lot of money on a K-1 visa just to have a wedding in the U.S., and to be legally married there, but without receiving any other benefit for the future. Actually, I do not know whether doing this would be a detriment to her future immigration, a benefit, or have no effect whatsoever. 2) The figure out something better. Any other kind of visa that allows them to get married in the U.S. and make their life easier in the future should something happen. (e.g. His job takes him back to the U.S. with little warning and, as his wife, she naturally wants to come with him without waiting .5-1.5 years, or she wants to travel with him back home on his vacations, etc. - I am just speculating and the reasons are obvious why someone married to a citizen of another country would want the ability to move back and forth painlessly, unfortunately this isn't how BORDERS work...heh) I know this sounds ridiculous because they are trying to get an immigration visa for her without an intent to immediately immigrate. But the point is that they want to get married in the U.S. with his family and friends there, and they might as well make that process as efficient as possible with consideration of their future. They also do not want to do something that harms her chances of immigrating to the U.S. at a later date, which I suspect doing something like getting married on a tourist visa might do. Let's just assume they are from a place that does NOT require a SS# to get married. I guess the bottom line is that for whatever reason they WANT to have the wedding in the U.S. and be legally married there but continue living in China. At WORST, they spend a lot of money just to accomplish this and then if and when they decide to move to the U.S., they go through the whole headache again by filing whatever kind of spousal visa is appropriate. At BEST, they figure out a way to get married in the U.S. while making her future immigration to the U.S. easier. Having filed a K-1 visa myself, they asked me for help with their situation and I'm simply trying to help. If I can't help, I will recommend them to ask a lawyer. But they are also a little bit worried of a lawyer (either in China or from the U.S.) taking advantage of their "unique" situation and not having their best interest in mind. Any more ideas...?

But as you said, the K-1 visa requires that she stay in the U.S. until at least receiving the AP document, correct? If she leaves the country, I'm guessing the AOS will be cancelled or denied. Also isn't having to attend an interview for the green card typical? They are determined to have a wedding in the U.S. and keep mentioning the K-1, but I still am not convinced it is the right choice. What difference does applying for a K-1 visa (and not really using) make to the future filing of a IR1 or CR1? Wouldn't Direct Consular Filing be the best option? After they receive it, couldn't they take a trip to the U.S., get married, and return to China? Is immediate intent to immigrate required?

I know it's not a fast track, but didn't know if it make their lives easier in any possible way, if they intend to keep living in China with an intention to immigrate at some unknown time. If they decide to apply for a K-1 and get it and visit the U.S. just to marry (visit family, ceremony etc.) you're saying they can then apply for AOS back in China, correct? Or would they need to stay in the U.S. for a certain amount of time to apply for AOS? What about when the 2 year period comes when it's time to apply for the 10 year card? I thought proving domicile is a big part of all steps of the process. Keep in mind they have both lived together in China for quite some time and plan to continue living there. "If you do not intent to immigrate to the US than it is best to use another type of visa." - What kind do you suggest? Would DCF make any sense? Isn't there a period of time it's validity runs out like the K-1 visa?

I have a friend from China, actually a friend of my wife, who is asking for help with a K-1 visa. I told her I would help, but she told me right after that she and her boyfriend (from California) would both continue living in China as they have been. So, I am not sure what their intent is. I think they just want to have the ceremony here in the U.S. with his friends and family. I don't know if they have another motive in mind such as thinking it will somehow make it a free ticket, or at least much simpler, to move to the U.S. when the time comes. Can anyone see any benefit to this? Any reason not to do it? I am pretty sure she could come here on a tourist visa and get married to him if she wanted. At the courthouse they don't ask to see any documentation other than a passport, if I remember correctly. I also mentioned the possibility of filing directly to the the consulate in China. (I forget what this process is called.) But that is for immigration, correct? It wouldn't give her some sort of green-card-whenever-your'e-ready-to-move, would it?

Thank you very much, dnoblett.

I am sending the I-485 package today. I am sending it with all forms and signatures with her full Chinese name. The only document that indicates a name change is where she "signed" the marriage certificate. (I actually had her print it, because it doesn't make sense to sign your name in the ONE spot anyone would know a change had been made.) My last question is -- Do I need extra copies of "supporting documents" for the I-131 and the I-765. I am sending these two forms with the I-485. By supporting documents I mean, do I need 6 passport photos (rather than 2), 3 copies of biographic pages of her visa (rather than 1), 3 copies of I-94 (rather than 1), etc. The reason I ask is I was looking for an example cover sheet and the example made it look like multiple copies of the same exact stuff where included in that ONE I-485 package. It would make sense to me if 6 photos were needed, but not 3 copies of all that other crap. I need to know quickly because we're running out of these photos even though she made a million of them and I don't want to waste time making more right now. Thanks!

Again it is her decision, does she wish to take your family name as is common western custom, or keep her family nale as per Chinese custom?? My wife took my family name, this is how it is on her green-card, SSN card, Driver's license etc... We applied for Adjustment of Status using new married name. She kept her given name and made her family her middle name, and she toom my family name as her family name. The documents have places for "Name on I-94" and "Other names used" these are for maiden name. Honestly neither one of us care about legal names. But it makes more sense if she uses her original name so that all names match all ID's and official documents between countries. Would having completely different names matter when it comes to things like joint bank accounts? joint loans? etc.? I have filled out all AOS forms with her full Chinese name just as we did for the I-129F and that entire process. The only thing that worries me is the Oklahoma Marriage License says her Chinese name up at the top where it says "the two parties to be married are ________ and ____________" and then at the bottom of the form where it says "Please sign your new legal name" we have written something completely different (her English name "Leah" and my last name) If it wasn't for the internet and specifically this forum, VJ, and others, I'm not sure how anyone would accomplish this task. (Think 10 years ago...hehe)

Just wanted to post my experience in Oklahoma City. The following doctor/clinic was GREAT. They took about 20-30 minutes max and transfered everything without trying to talk us into an extra exam or unnecessary vaccinations. They weren't clear on whether she needed boosters or not, but they said that everything should be good to go. They only take walk-ins. We didn't even have to see the doctor. Dr. James Reeves, Concentra Medical Center 200 Quadrum Drive, Oklahoma City, OK 73108 (405) 942-8767 Comment on phone: *NO APPOINTMENT NECESSARY* AVAILABLE TUESDAY/WEDNESDAY 8-3 I called this office and when I asked about the vaccination transfered, they told me a full-exam was necessary even though we had already had one. They said, ¡°We only do the whole 9 yards or none of it.¡± I replied, ¡°May I ask why?¡± They said, "Because we don¡¯t make nothin¡¯ on it. You can try another location that might do that....but we don't...bye" Dr. C. Allen Moore AND Dr. John Elllis, Vista Medical Center 3700 South Western Avenue, Oklahoma City, OK 73109 (405) 634-2929 ^^^^^Don't use^^^^^^^^

So, I should use her original Chinese Pinyin name on all AOS documents EXACTLY as I have done before on the I-129F and just as we did on the SS card, correct? The ONLY time her English nickname (with my last name as hers also) has been written on anything official was the Marriage Certificate. (which has nothing to do with USCIS, only the local county court, BUT they will see a copy of that certificate and wonder where that name came from, possibly) I am thinking it is in her best interest to fill out all AOS information just as we have done before, with her REAL name and not an English nickname plus my last night. Agreed? (Thanks, btw, Randy W)

I am very confused on this name changing stuff too. On our marriage certificate it says "Sean [my last name]" and "[her full CHINESE name], but then on the bottom of the certificate where it says "sign new legal name to go by" we filled in "Leah [my last name]". I don't understand why they ask you to sign this because what if they can't even read it? She basically printed in so that they could see it clearly. So now in retrospect I'm regretting COMPLETELY changing her name but I had read that using her Chinese name as a middle name was not usually accepted by USCIS. She also now has a SS# filed under her Chinese name. So my question is for the AOS (all documents including I-485, I-864, I-693) should I use her full Chinese name as I have been doing before? Because that's why I have done so far and I'm sending it in tomorrow. Would it make sense to start using a completely new name on all these AOS records that the USCIS is familiar with? I don't think it would. But the marriage certificate DOES have that new name and that worries me. (They should really clarify this stuff in the paperwork instructions). Hope I was clear and any help is appreciated.