frank1538

Too bad the arrangement's not universal, but Lee, I would have thought you've mastered to fine art of shading by now. "Lao po, I called our civil surgeon today and yelled at him for charging us so much for your vaccinations. He said he'll come to county health and do our son's for only $10."

In certain instances, a child born in China to a US citizen will have filed a CRBA (Consular Report Birth Abroad) and will have both US and Chinese passports. In such instances, if the child is now in the US and returns to China, can the child use either his/her Chinese or American passport for travel between the two countries? Some people would prefer to use the Chinese passport for entry into China to avoid issues related to the duration of stay normally associated with Chinese tourist visas and visa extensions. If a Chinese passport is used, will the child need a visa or other documentation in his/her American passport to re-enter the US? IF so, what steps should the child/parent take?

I've done several during various stages of the process. One was addressed to "To Whom It May Concern" (K-1/I-134) and one was addressed to USCIS (AOS/I-864). I don't think it makes a lot of difference. I could come up with a top ten list of how to address the letter, but your thread would probably get moved to the TC.

Conviction of a drug offense MAY be an absolute bar to getting a visa. Take a look at http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act212 The major exceptions seem to be for convictions occurring more than five years prior to the visa application if the applicant was under age 18 at the time of the conviction and for convictions where the maximum sentence that could be imposed is a year or less but the applicant served only 6 monts or less.

Congratulations to you and the family. Sounds like the blue slip is just a formality to ensure current documents in the "follow to join" for the daughter. Best wishes to all.

I just read your timeline. Sounds like congratulations are in order...so Congratulations.

As long as you meet the mininum income requirements, bank statements are not required. However, the Visa Officer CAN ask for just about anything. Tax returns are a more common request than bank statements. 215027[/snapback] This seems to be the consulate's view. If income is sufficient, proof of assets (bank statements) is not needed.

Good news Chef. You're making some good progress. Good luck during the rest of the process.

The consulate touched on what to do if one of the documents is missing: http://candleforlove.com/forums/index.php?showtopic=17903 Jingwen's notarial divorce certificate referred to both her marriage and divorce. It said she registered a marriage on such and such a date, was mediated a divorce on such and such a date, and had not registered a marriage since the divorce. She supplied no separate marriage certificate and was still issued a visa.

You may be referring to the visa validity period which is usually 6 months. The visa validity refers to the time during which the visa must be used to gain entry to the US and is unrelated to the duration of stay once in the US. Check to see if your wife's passport has a temporary I-551 stamp in it. The period reflected on the stamp should hold you over until the actual green card is received. As you noted, you will eventually have to file to remove the conditions on the two year green card.

While there may be other provisions that might apply to the scenario you lay out, as a general rule, applying for adjustment of status for a spouse who is in the US usually requires that an immigrant visa be "immediately available" when the AOS application is filed. This "immediately available" condition is normally associated with US citizen petitions rather than legal permanent resident petitions. One option you might consider is adjustment of status based on permanent employment in the US. Here are a couple of links to the USCIS website that summarize the major categories for legal permanent resident status: http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#b and http://www.uscis.gov/graphics/howdoi/ImmStatEmp.htm

I decided to split these posts into a separate thread. I'll try to clarify, assuming you're K-1. Appying for green card. Technically, this is called adjustment of status (AOS) and is done by filing an I-485 to adjust your spouse's immigration status from K-1 to legal permanent resident. You can file for AOS as soon as you're married (assuming you have the requirement documents) but not before. If I recall correctly, there are no blood tests required in conjunction with adjusting status, but a vaccination supplement is. Whether you have an interview as part of the AOS process is uncertain, but most folks go through an interview. EAD or work card. As stated earlier, if your POE is NY, it is likely your SO's passport will be stamped with a "90 day" employment authorization. If you arrive through most other POEs, you will not get the 90 day authorization, but you may apply for it by filing the I-765. Since this authorization is only good for 90 days and can't be renewed and since it might take up to 90 days to actually receive the work card, most folks don't bother applying for this temporary card. Rather, they file the I-765 at the same time they file to adjust status in order to get a one year work card. You cannot file for this one year EAD before you file to adjust status. Most folks file the I-485 (AOS) and the I-765 (EAD) at the same time. Filing for an EAD does not require a blood test.

Membership in the CPC is one of the questions asked on the forms in conjunction with the K-1 visa application. Membership may or may not bar admission to the US. Here is a post from the consulate that deals with the issue: http://candleforlove.com/forums/index.php?...ndpost&p=172120

Welcome to Candle For Love. You've zeroed in on two questions for which there seem to be no concrete answers, but I'll share my experience, albeit old, with you. Marriage/Divorce Certificate - K-1. Some folks believe you need to supply both for the K-1. Others believe you don't need to supply the notarial marriage certificate, just the notarial divorce certificate. Jingwen's notarial document dealt with both. It said she registered a marriage on such and such a date and was mediated a divorce on such and such a date. She supplied no separate marriage certificate and was still issued a visa. Police Certificates. Again, some folks believe that an original police certificate in Chinese is sufficient. Most others, however, believe that a notarial police certificate, with certified English translation, is required. My suggestion is to go to the local notarial office and get a notarial police certificate and have it translated into English. Remember also that the US consulate has a strong preference for notarial documents. If there's enough time, I would certainly try to obtain notarial documents with a certified English translation for both the marriage/divorce and police clearance. Others who have been through the process more recently may have some additional thoughts on the required documents and the need for certified translations. Good luck.

In light of the enactment of the International Marriage Broker Regulation Act of 2005, has or will the consulate implement any new procedures regarding the processing of fiance(e) or spousal visas and the conduct of interviews? Of some concern is what the consulate will do if an applicant had used an "international marriage broker" but had not been provided the background information on the US citizen as required by the Act.

I could certaintly see some slowdown in processing at the USCIS level assuming additional criminal backround checks. I'll go ahead a post a question to USCONGUZ on whether the consulate has formulated any policies regarding the actual interview.

The consulate actually answered a similar question: http://candleforlove.com/forums/index.php?...ndpost&p=201662 In addition to potentially having the visa re-issued, there are a couple of other options, subject to your timing. 1. She can come to the US, get married, and file to adjust status and request advance parole. The AP will allow her to re-enter the US should she have to leave. Unless she can get expedited processing, you're probably looking at 2-3 months to get AP. 2. She can come to the US on her current visa and potentially return to China while in K-1 status and before you get married. Howwever, she'll have to coordinate this with the embassy and return to the US AND get married before the original 90 days runs out. Personally, I don't recommend this because of the uncertaintly that involving the consulate interjects. Take a look at http://candleforlove.com/forums/index.php?...ndpost&p=204742 for the consulate's take on this.

Good news. A quick turnaround will put you in the queue for the queue that queues up to the queue that's waiting for the P4.

May a thousand pigeons paint this guy's head a chaulky white. At least you're finished with the interview, and a successful conclusion seems right around the corner.

EAD stands for Employment Authorization Document (work permit or card). Assuming your SO is K-1, she will need one if she's planning on working before she gets a green card. As a K-1, she can apply for one immediately, but it'll be good for no more than 90 days and can't be renewed. After that or in lieu of the 90 day card, she call apply for an EAD at the same time she applies to adjust status. This EAD is usually good for a year and can be renewed. After she gets her green card, she won't need an EAD to work. It is not necessary to apply for an EAD prior to applying for a SS card provided she applies for the card after about 10 days or so after she enters the country and about 14 days or so before her K-1 expires.

This is partially correct. 221(g) refers to the section of the INA that essentially results in a "provisional" denial of a visa application when there is insufficient documentation. While the missing documentation may be outside the control of the applicant (namecheck, for example), it might also include documentation that the applicant can supply. Normally, the blue slip indicates which it is, and if it is documentation that the applicant must provide, the blue slip usually identifies the documenation and the procedure for submitting it. Sounds like in this situation the blue slip has identifed the additional information that the applicant should provide but the original poster is still unclear as to what is being requested.

It's unlikely that V visas would be available. To be eligible, an I-130 must have been filed before December 22, 2000. http://www.uscis.gov/graphics/howdoi/hdinonimm.htm

I'd certainly take it as a good sign. While I haven't checked, it seems that CSC may be the only service center processing cases for approval without interview.

Good news indeed. Should be a walk in the park, but good luck anyway.