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.

I found the information I was looking for! I kept asking her if they gave her ANYTHING at the hospital and she couldn't get past the idea that everything she had was either in my possession or given at the airport. It turns out that she has a HUGE record of her examination and vaccinations from the Shanghai International Travel Healthcare Center. dnoblett: Thank you for suggesting she look for the "yellow book" because that is what triggered her memory. She has that too. Included in the big folder is a U.S. govt paper titled "VACCINATION DOCUMENTATION WORKSHEET" and it says "For Use with DS-2053 or DS-2054" (OMB No. 1405-0113) Not sure if this is something like the DS-3025 that you suggested the US Civil Surgeon uses to transfer the records. But the sheet looks nearly identical to the vaccination section on the I-693. It shows that she had the specific 3 you were talking about (Td, MMR, and Varicella) and each is marked with a date next to "Vaccine Given by Panel Physician" and then out to the side under each of these three the box "Insufficient Time Interval" is checked. I am not sure what this means, but it falls under the category of "Not Medically Appropriate." The rest of the vaccines have a a check mark under "Not Age Appropriate" A more complete listing on another page shows that all 3 of these shots were given only 1 time each. The TD has an additional ¡°µÜ2´Î£¬ µÚ3´Î£¬ ¼ÓÇ¿¡± £¨2nd time, 3rd time, booster?) and the MMR and Varicella only have a "µÚ2´Î". Which of these additional shots will be required, if any? Can't wait to pay a Civil Surgeon to copy some redundant forms!

Thanks for the info. I will get it handled as soon as possible and get back to you. Thanks for the specifics on what vaccinations are required. I will find out tonight if she has that yellow book somewhere. It would be great if she did... I guess I was looking at old (pre July 30, 2007) info that showed that the EAD and AP were extra. I just checked the USCIS to confirm that these are included. I guess the package is $1010 no matter what. Oh well! Good to have them anyway. BTW, the birth certificate is that white book with the English translations already inside...done in China at the Notary Office. I will just attach a note card explaining what it is because the front is in Chinese. I will also scan just the necessary parts of the passport, too. I had considered doing the entire thing just to be careful but I think I'll go with what you said. For her interview I had 2 scans of my entire passport, one of them entirely annotated with my comments, and that was not fun to put together if I remember correctly.

Ok, thank you for the help. I feel better about the misspelling and have been hoping to avoid a $320 fee on the form (already forgot the #) which USCIS uses to correct a misspelling on an I-94. Now with a less than a month before the I-94 expiration, I realize we need to do more medical stuff. Just a careless mistake (or wishful thinking) I suppose. I have already looked up a list of US Civil Surgeons in my area and will begin making calls today. Just so I know...What could I have done to avoid this? "If the vaccination record (DS-3025) was not properly completed and included as part of the original, overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon." 1) How do I know if her vaccination record was properly or improperly "completed"? Did this not go into the sealed packet forwarded to USCIS by the airline carrier? Is there a copy floating around somewhere? Who would have given her the DS-3025 while still in China? (She DID have vaccinations completed during the full medical examination.) Should she has asked specifically for it? At what point? 2) dnoblett: You mention your wife had a "yellow book." Is that a standard thing that is normally given to people in China receiving vaccinations? 3) If I can't find the "yellow book" and don't have the DS-3025 and I take her to a civil surgeon, the best they can do is do a titer test and go from there since she already had some, if not all, vaccinations? NEW question: If she is not anxious to leave the country or begin working in the next month or two, can the forms "I-765, Application for Employment Authorization" and "I-131, Application for Travel Document" be sent in AFTER the I-485 package if we suddenly decide she IS in a hurry and the AOS isn't being completed quickly enough? No sense in spending a few hundred extra dollars to get these things early if they are not going to be used. (She agrees...) So, the things *absolutely* necessary (and nothing more) include the following and need to be sent TOGETHER, correct? I-485 I-864 I-693 complete copy of her passport copy of I-94 copy of her birth certificate (the "gong zheng zhu" white book received in China) copy of our marriage certificate a NEW G325A 2 passport-style photos

1) I just don't understand who will be filling out the I-693. Is it a must that we now go to a doctor in the U.S. even after she did all the required medical checks and vaccinations in the Chinese hospital required by Guangzhou? Should they have given her something there in order to bring to the doctor this time? (a DS-3025? an I-693? SOMETHING?) Does USCIS not have this on file after the airport forwards the sealed envelope to them? I just don't remember anything in the K1 interview preparation guides that explicitly tell you to hang on to papers that you will then need to take to a doctor here in the U.S. So on the I-693, the medical examination stuff first 3 pages (except "information about you") is left blank and only the "Vaccine History Transferred from a Written Record" is filled in? Why in the world would we have to do all of that in China and then figure out how a US Civil Surgeon here in the U.S. can transfer that record? What should they be transferring it from? I was under the impression that all of the records were given to Guanzhou during the interview, sealed in an envelope, given to to immigration at the airport, and then sent to USCIS. Every time she asked about this at the Chinese hospital or at the interview they told her "don't worry, you won't need anything, this is all being sent in your sealed envelope." 2) I do not have the I-94 card handy but I am 99.9% sure the A# wasn't on there. It wasn't on the K1 visa stamp in the passport either. So I ended up looking at the NOA2 in order to find it. I am still debating whether it is a good idea to change the name on the I-94 to the correct Pinyin before scanning it. She has no idea whether she made the misspelling on both the part that she handed over to them or just the part that was stapled into her book. I am afraid to fill in on the I-485 line that says "write the exact spelling of your name as it appears on your I-94" as "it says Queqian but it SHOULD have been written as Xueqian." Thank you for the help, dnoblett. This AOS part is starting to seem like more hassle than the getting the damn visa in the first place. All of this after I was very careful to have double back-ups of everything and ask every question along the way. Now suddenly I am in need of things I don't have and don't know how to get (and can barely afford.)

I need to send in my wife's I-485 along with the other necessary papers within the next month. She arrived here nearly two months ago and we got married a couple of weeks ago. 1) I-693A. Is this still necessary? My wife did all the necessary medical examinations for properly obtaining the K1 visa and is here now with apparently no record of it. I do not if she was supposed to get DS-3025 or something else but she asked for documentation and nobody would give her a straight answer (in China.) After the interview she got the large, sealed envelope (that she was not supposed to open...and didn't) and I assumed the paperwork was inside. So do I need to further document this or does USCIS have this? 2) On her I-94 card that is stapled to her passport she filled in the WRONG first name. She wrote "Queqian" rather than "Xueqian" and has no idea if she also made this mistake on the part that is detached and handed over at the airport. http://immigrationroad.com/documents/I-94_Front_Blank.pdf <-- there is a picture and on the bottom one she has written her name incorrectly and I have no way of knowing if we should correct the mistake ourselves to match what COULD be correct on their copy or could be fine. All I know is that in order to change the name with USCIS it is a $320 fee along with form I-102. I am seeing a couple of "complete guides to K1 AOS" and am not sure how current they are. I am looking for a checklist of what is needed and what we should have done to make sure we got the information we are needing now. It just seems strange to me that all she showed up with are all of the forms we filled out for the initial K1 petition and interview but none of the paperwork from P4 on. She said she handed over everything at the airport and was left with a passport that has her K1 visa and a stapled I-94 form. Nothing new that I had not seen since leaving China right before her interview. Any help would be appreciated. Sean

I don't think it's very fair to imply that English names are less meaningful than Chinese names. Steve definitely means something and it surely meant something to the person who first decided to give that name to another person. And I'm sure if you ask a handful of Steves out there what their name means, they might not know the definition but it means SOMETHING to them. And just because Chinese names can be broken down into characters that often have a vague or ambiguous meaning doesn't mean it has the same meaning to that person as a Chinese->English character dictionary might pull up. It's just a different naming system. I'm not trying to start a debate here but just brainstorming. It's just a name, anyway. But I agree that anyone in your life that is important to you (and consequently to her) should make an effort to call her by whatever name she likes. Ying shouldn't be as difficult as a bunch of others out there. Also what do you mean by "respect her for being Asian"? Shouldn't we just respect someone for who they are? She didn't really have a choice on that one. Hehe. Congrats to you and your wife! My fiance gets here in TWO days and we'll be getting married soon after this looong time apart. (About 9 months minus a 6 week trip over to China this summer.) That's why I'm currently browsing the AOS forum and the posts here seem very good so far!

Thanks, dnoblett. So to be clear...I should NOT include the loan I will be receiving when school starts next week? Subtracting the cost of school it will be about $18,000 (living expenses) for the year paid in 2 even installments (one each semester). This is close to the required amount needed. Not that it matters too much because I have a co-sponsor. But what DOES matter is I need to be some sort of number in that income line on the I-134. I have all the documents to match my story of where I've been and what the plan is now, but I still don't how to sum it up in a single number on a single line. =) Any suggestions....?

I have another question about the I-134. After doing so much research I *should* know what to do but the fact is that I don't. I have a co-sponsor that makes enough. I had him (my father) fill out a few copies of the form before coming here but I wasn't 100% sure what to put on Question 7 (annual income) so he put Net Income shown on his 2009 W-2. They filed for the October extension so they don't have a 2009 Tax Transcript available (or a 1040 completed) so the best we could do is 2009 W-2 and 2008-2006 Tax Transcripts. For MYSELF, I included the 1040's (stamped by the local IRS) office for 2009-2008 (two years I was working in China, 2007 I was in school). The problem is my situation is that my situation has changed so much, I'm at a loss of what to put on my I-134 under annual income. I am beginning law school next week and will be living (mostly) on student loans. I have included letters from the school saying I will attend, how much $ in loans I will receive, that I am not allowed to work more than 15hrs/week during the semester, etc. Can I include the excess amount of loan not given to the school (for cost of living) as income? Should I include what expected amount I might be making while school is in session (won't be enough, but I will still be working some)? Or should I just put what I made in 2009 in China (which does NOT meet the requirement because I quit about 3/4 of the way through the year to move back to the U.S.)?

reliable: Sorry, don't think I can be of much help with your questions... To those that are doing K1 Visas: what exactly are you paying at CITIC bank before the interview? I was sure that it was $350 but when we went to the medical exam this week, two nurses, and another lady going to Guangzhou next week said it was $404. Where did that number come from? Going to http://guangzhou.usembassy-china.org.cn/fees.html I see that adding up the $330 "Immigrant Visa Application" and $74 "Immigrant Visa Security Surcharge" add up to $404. But for a K1 visa, the $350 "K Visa processing fee" should be all we need right?

While preparing for the K-1 visa, I kept coming across the domicile issue but came to the conclusion that it wasn't explicitly needed for the K1 visa. I thought this because we filled out the I-134 rather than the I-864 and it is the I-864 that requires proof of domicile. Is this incorrect? Now that we have Packet 4 I am seeing under the requirements: "Proof of Petitioner's Residence in the United States" I don't remember reading anything about this in my hours of searching for K-1 related info. What can I do for this now that I am in China and will be here until just several days before my fianc¨¦'s interview? Is the copy of my passport pages enough? (Showing that I flew back to the U.S. in Nov, 2009 and stayed there until June, 2010.) I also have letters from the law school I'm attending saying that I have been accepted for Fall 2010 and that they will be giving me a scholarship. I could also print bank statements. I have very informal pay-stubs from my parent's company showing that I have been working for them the past 6 months. (Basically all the info I have included with the I-134 *should* show that I am living in the U.S. and plan to live there for quite some time...) The more I think about his upcoming interview, the more my head hurts. Am I worrying over nothing or should I be freaking out a little? Thanks!