frank1538

It might also depend on which HIV test the facility does. Some tests can take a day or more. Other tests can be conducted in several hours.

Take a look at http://guangzhou.usconsulate.gov/iv_faq.html and see if this might help.

A number of members have come to the US on K-3 and K-4 visas who prefer to return to China to complete the CR/IR IV process rather than adjust status in the US. A number of questions have been raised on the procedure. 1. If the initial IV processing was for CR-1/2, will the consulate automatically issue an IR-1/2 if the marriage to the US citizen is longer than two years at the time of the interview? Does the applicant or petitioner need to do anything with respect to ensuring the proper IV classification? 2. Police Clearances. Will the applicant be required to obtain a police clearance certificate from the US if the applicant has been residing in the US for a year or longer. http://foia.state.gov/masterdocs/09FAM/094...39;dsl1083' suggests that a police clearance certificate from the US is not required. 3. If the medical report obtained in conjunction with the K-3/4 visa is less than one year old at the time of the IV interview, will the consulate accept this medical report for IV purposes? If so, what is the procedure for documenting the medical report since the K-3/4 medical records were given to USCIS at the POE?

From one Frank to another Frank, welcome to CFL. I'll take a stab at trying to answer some of your questions, but like everything else about the visa process, there are usually multiple views, so please don't rely on any single person's response. 1. Automatic Conversion from CR-1/2 to IR-1/2. The consulate should give you the IR-1/2 class visa, but I would be inclined to drop the consulate an e-mail or fax to confirm that the visa class will be IR rather than CR. Also, take a look at http://candleforlove.com/forums/index.php?showtopic=17283 for some variations on the theme. 2. Police Certificates From the US. There seems to be a difference of opinion as to whether US clearances are actually required. http://foia.state.gov/masterdocs/09FAM/094...39;dsl1083' says no, but the information is a bit dated. This thread suggests US clearances may be required - http://candleforlove.com/forums/index.php?...topic=11191&hl= . This link re-states the "not required" view but then provides contact information to get one from the FBI: http://www.kamya.com/misc/polcert.html 3. K-3/4 Medical Reports. This is an interesting question, and one would think that a less than year old medical report obtained for the K-3/4 would be acceptable for the CR/IR visa. Of course, you'll still need to get the required vaccinations. 4. USCIS lay out a procedure for a change of address, using a Form AR-11: http://uscis.gov/graphics/howdoi/address.htm Also, don't forget the I-865 change of address for a sponsor who has filed an I-864: http://uscis.gov/graphics/formsfee/forms/files/I-865.pdf With the exception of the change is address, the other three questions seem broad enough that I'll go ahead a pose them to the consulate (USCONGUZ) in its special forum ( http://candleforlove.com/forums/index.php?showforum=25 ) Again, welcome to Candle and best of luck to you and your family.

Just remember tha age old saying: Love conquers all. I'll keep you and Yanlan in my thoughts. Good luck next week.

Jingwen and the kids each received a burnt orange booklet from the Health Care Center of Guangdong International Travel in Guangzhou titled "Certificate of Health Examination for International Traveller", in English and Chinese.

I don't really have a sense other than to say "apply early and apply often."

Which one? This one? http://www.dodge.com/nav/model/magnum_se.jpg ...or this one? http://www.dodge.com/img/vehicleshowroom/caliber.jpg The Magnum would be fine only with the Hemi Probably way too big for her, but I'd take one. The Caliber is a first year model, so I would probably wait on buying one.

The flag comes off this scenario: "Hey niece, I know you've been trying to get into the US. I met this lady at work who has a brother who's not married. He may be your ticket." George, I am in no way suggesting this scenario is the least bit real, but a VO might wonder about such things if there is a relative already in the US.

Take a look at http://www.usvisahelp.com/answer%2012-1-05.html While I can't vouch for the accuracy, it seems to make sense.

1. I'm not aware of a 60 day rule on financial information. Since the income will be sufficient, I don't think it will be a problem. 2. A number of people have done exactly as you said, but have also provided a copy of the extension, if available, and a copy of the current year's W-2. 3. Your wife is off the hook and doesn't need to sign. I do want to comment on one thing. You refer to your parents as being joint sponsors. Are both parents completing separate I-864s? The reason I ask this is that the I-864 contemplates only one person per form. If you need to use both parents, maybe the better thing to do is for dad to sign the I-864, assuming he's the principal breadwinner, and have mom sign an I-864A.

You are right. A medical exam is generally not required as part of the AOS. Here's the regulation that covers it - http://uscis.gov/lpBin/lpext.dll/inserts/s...slb-8cfrsec2455 "A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fiance, or fiancee of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and ¡ì214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status." A couple of thoughts. First, RFEs can be misleading, and the form itself can cover any number of missing items, some of which may or may not apply to your situation. This is the first I've heard of a K-1 AOS being asked for a medcial exam, so you will want to be clear about what USCIS is really asking for. Is USCIS really saying your wife needs a medical examination or are they asking you to document that she had one within a year? Second, is it possible that the RFE relates to the vaccination supplement? Did you use a civil surgeon to complete the supplement? Was it in a sealed envelope? If it really boils down to USCIS's wanting a medical exam, it seems you have two choices. You can respond to the RFE with a copy of the regulation and some documentation that your wife has already had a medical exam that's less than a year old. Or, you can just bite the bullet, pay the money, and have her get another one from a civil surgeon.

Sounds like you're "in" as soon as the paperwork catches up. Congratulations.

I curious as to whether GUZ knew this. Sometimes, having a relative already in the US can raise a flag.

Good news. Looks like your horses are running neck and neck.

Not like the "old days". Hope you cases stay on the fast track.

One way that I've used to keep it less confusing is to use all caps for the surname. When it's appropriate, I'll often show the name as SMITH, John or John SMITH. I'll even do this where the form specifically asks for given name or last name. As far as the middle name goes, I always wondered how often "none" ends up as someone's middle name in the government records. Dear Mr. Brian None 121247. The general rule is to not leave something blank for fear that someone might take it to mean that you forgot to put something in the space.

Bank statements from the business accounts are also good indicators.

Is it ONLY necessary for the Chinese partner to get their divorce documents authenticated and translated to English for our USCIS submissions? I am a US citizen and recently submitted copies of my divorce papers in the I-130 packet but I did not get them notarized, I did not see any wording to that effect on the I-130 instructions and since the divorce papers them selves are signed by a judge I did not see any reason for this. 206840[/snapback] I agree, although I have heard of RFEs because the petitioner did not submit a document with the court seal clearly shown. On the question of translated notarial certificates, it is an absolute must that the Chinese applicant provide translated notarial certificates along with the translator's certification that the translation conforms to the original Chinese copy. Keep in mind though that some notarial documents have a one year shelf life (police clearances and single certificates). The authority for the notarial documents comes from GUZ's website: http://guangzhou.usconsulate.gov/kvfaq.html "The applicant should bring the following original documents: Forms in the appointment packet Chinese passport. Application fee receipt Four visa photos attached to forms DS-156 Notarial birth certificate Notarial marital status certificate. If divorced before, previous divorce certificates for each marriage are required. If any child from previous marriage will also apply for visa, a divorce decree showing the child's custody is needed. Notarial police certificates are required from each visa applicant aged 16 or over issued by his/her local municipal notary office where he/she has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year. Medical report Affidavit of Support - I-134 and a copy of the most recent year tax returns from the petitioner. Relationship evidence, such as correspondence and photos taken together to prove the claimed relationship to the petitioner Translations: Police certificates from other countries not in English, or in the official language of the country must be accompanied by certified English translations. Translations must be certified by a competent translator and sworn to before a notary public." There is some question whether police certificates written in Chinese (the official language) need to be translated. My advice is to get them translated.

See that light at the end of the tunnel? That's from the smile on your wife's face. Good luck at the interview.

It certainly sounds like the second namecheck is done. You are now in the queue for the queue that queues up for the queue that schedules the interview. Good luck.

Whoopee, another approval without an interview. Congratulations. I don't think she'll have a problem re-entering the US on AP.

Assuming you were to get married before the child turns 18, the definition of "child" would include your step-child. From http://uscis.gov/lpBin/lpext.dll/inserts/s...t-frame.htm&2.0 "...The term "child" means an unmarried person under twenty-one years of age who is- ... ( B ) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred." So, in answer to your question, you would check "Child".

Ahhh, the benefits of filing with VSC. Congratulations and good luck at the interview.

Well, I can't fault your logic is questioning the law, but legal admission to the United States is governed by law, and the law says the fiance(e) visa is available to an alien fiance(e) "...who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission." The law contemplates marriage after entry, not before. The US could care less where you are married, but if an alien wants to marry in the US, he or she would need a visa to legally enter. For most, that visa is the K-1. You are free to marry anywhere you want, but if alien wants to legally enter the US after marriage, he or she would have to find another visa category that fits his or her status as a spouse. I would like to clarify a couple of your points. First, entering the US on a K-3 visa does not result in a "permanent green card as soon as the visa is approved". While legal permanent resident status is given to a spouse who enters the US with a CR-1 or IR-1 classification, this classification comes off the I-130 petition and not the I-129F petition. Also, a K-1 visa holder's status does not become "semi-permanent (2 years) as soon as we marry." With a couple of differences, entering the US on a K-3 visa is essentially the same as the K-1 - both enter the US as an intending immigrant and both need to do something further to become a legal permanent resident. The K-1 visa holder, after marriage, files to adjust status. The K-3 visa holder either files to adjust status or returns to his or her home country to complete the I-130 processing. Both the K-1 and K-3 visa holder will receive a two year green card if the marriage is less than two years old when the status to legal permanent resident is conferred. Both will have to file to "remove the conditions" in order to get a 10 year green card. It is possible for a K-3 visa holder to have been married more than 2 years when he or she adjusts status. If so, the green card will be good for 10 years. As far as the ceremonial wedding being a lie, I can only say this. My marriage to Jingwen resulted from the two of us having made a commitment to be husband and wife. That commitment came long before our respective governments recognized it as a legal, contractual relationship. Celebrating that commitment with her and her family was both an honor and a privilege.