frank1538

People say I'm touched, but for some reason I don't think it means the same thing in your case. Another small step forward. Keep on truckin'.

Lee laid it out pretty good. As far as returning to China for a ceremonial wedding, if she comes to the US on a K-1, you can file for advance parole at the same time you file to adjust her status from K-1 to legal permanent resident, but not before. I'm, going to guess it'll take about 2 months to receive the AP after you file, but your mileage may vary.

Sorry to ask again but I couldn't find out the answer: do they do a new round of name check when I get my GC and start N-400 application? Many many thanks! 205217[/snapback] I ran across this: http://www.ilw.com/immigdaily/News/2001,0806-Fingerprint.pdf Although the memorandum deals with fingerprints, it certainly sounds like a criminal check is performed: "Public Law 105-119 requires that the Immigration and Naturalization Service (INS) receive confirmation from the Federal Bureau of Investigation (FBI) that a full criminal background check has been completed before adjudicating a naturalization application." This makes sense given that one of the requirements for naturalization is "good moral character."

As a threshold matter, you've got to decide if your dad is a "household member." Take a look at http://candleforlove.com/forums/index.php?...ndpost&p=141797 and draw your own conclusion. If you decide that your dad is NOT a household member, he would file a separate I-864 rather than the I-864A. Even if he might meet the definition of a household member, you might want to consider having him file a separate I-864 rather than the I-864A and avoid the issue alltogether. If you conclude that you dad is a household and you want him to file the I-864A, then I would think that his relationship to you can be documented with your birth certificate (He is shown as the father, isn't he? ). Proof of residency is aimed at documenting the you and your father have lived at the same residence for at least six months. I doubt that a drivers license alone would do that. A drivers license plus a current document (phone, utility, or property tax bill, or a bank statement, etc.) might be enough.

Would you mind verifying the form. Are you dealing with the I-864A or Supplement A to the I-485?

Welcome to Candle. I wish your joining had been under better circumstances. Based on what you've said, you're in a real pickle. Several members had faced this situation. Alex, Christer, and JamesBDennis come to mind. You can search for their topics to get a feel for what's going on now. It sounds like the consulate has kicked the files back to USCIS with an recommendation to revoke. The files go first to NVC then to the Service Center which seems to be what happened in your case. The consulate should have prepared a memorandum in support of its recommendation to revoke, and it is important the you or your lawyer get this information as soon as possible so that you can at least understand the consulate's thinking. This link will provide you some background on the consulate's procedure: http://travel.state.gov/visa/laws/telegram...grams_1415.html While the threshold for sending the files back to USCIS to revoke is supposed to high (from the link: "...solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that BCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws."), many people here have a sneaking suspicion that petition revocations are often the result of "third party correspondence" where some "friend" or shady service provider tries to de-rail the process because of jealousy or wanting money that you or your fiancee refused to pay. Whatever the reason, you have to find out why. You said LiWen had to return three times to provide additional information. Maybe these "blue slip" visits can shed some light on the problem. Is it possible that she just couldn't provide the required overcome documents, and the consulate simply denied the visa application for want of these? If USCIS revokes your original petition, you will have an opportunity to appeal the decision. Hopefully, it won't come to that. If I were in your shoes, I'd hire a very good immigration lawyer who knows how to deal with the Service Center so you can get to the bottom of this. Good luck.

I echo what the others have said. Being there can certainly help reduce the stress and build confidence - like jim julian says, confidence is a very important component of the interview. And, as Feathers268 says, the look on your fiancee's face when you see her smile after a successful interview is priceless. In addition, having both of us in China after the interview allowed us to say our goodbyes to the family, get the packing done, clean up a few odds and ends, and be together at the POE when we arrived in the US. Since Jingwen's English is limited, my being with her to clear immigration and customs was an important consideration.

Glad you made it even though the luggage didn't. Go ahead a pop for a few bucks and just buy some stuff. On my upcoming trip, Jingwen doesn't even want me to pack a suitcase - just a carry on bag. She'll take care of my wardrobe while in China.

I'm a little confused. If you mailed a form to your fiancee and for some reason it's hung up at DHL, I'd do one of two things. I'd get on the phone with them and sort it out. Normally, personal deliveries via DHL don't get hung up like this. In the alternative, your fiancee can just download the DS-230. Here's a link where you can find the form: http://home.comcast.net/~donahso/index.htm If the problem is DHL not yet delivering the package sent by NVC to the consulate, that's a different story. You can do a search about why NVC shipments encounter a "customs delay", but here are a few links just in case. http://candleforlove.com/forums/index.php?...topic=13778&hl= http://candleforlove.com/forums/index.php?...topic=12898&hl= http://candleforlove.com/forums/index.php?...topic=11997&hl= http://candleforlove.com/forums/index.php?showtopic=14580

I'm purely speculating here, but a change in someone's birth date might trigger another name check. Was it simply a typo on the P3 or a carryover from other documents?

Congratulations!!

se lang went through DORA. Here are a couple of his posts. http://candleforlove.com/forums/index.php?showtopic=7670&hl= http://candleforlove.com/forums/index.php?showtopic=8622&hl=

I agree with Trevor - sounds more like a delay than a denial.

I'd say the chances are very very good that the airline or agent will remove the I-94 when your wife departs the US. USCIS took the arrival record part of the I-94, and they will eventually get the departure part (the part that's still in her passport) when she leaves the US. For Jingwen traveling on AP, her passport and AP were all that were needed. She did encounter a few problems while trying to leave China without a visa in her passport and had to go an extra step when she cleared immigration once in the US. http://candleforlove.com/forums/index.php?...indpost&p=80411

While I'd like to agree with you, it appears that only those visa classes that relate to a specific employer are allowed to work without an EAD. The regulations indicate that a K-1 visa holder is required to get an EAD: "...Any alien who is within a class of aliens described in paragraphs (a)(3), (a)(4), (a)(6)-(8), or (a)(10)-(16) of this section, and who seeks to be employed in the United States, must apply to the Bureau of Citizenship and Immigration Services (BCIS) for a document evidencing such employment. BCIS may, in its discretion, determine the validity period assigned to any document issued evidencing an alien's authorization to work in the United States. ...(6) An alien admitted to the United States as a nonimmigrant fianc¨¦ or fiancee pursuant to section 101(a)(15)(K)(i) of the Act, or an alien admitted as a child of such alien, for the period of admission in that status, as evidenced by an employment authorization document issued by the Service... http://uscis.gov/lpBin/lpext.dll/inserts/s...b-8cfrsec274a12 The law is stupid. You are authorized to work, but you can't work without an EAD, but your visa is only good for 90 days, but it sometimes takes more than 90 days to get an EAD that's only good for 90 days. The only real benefit I see is that a K-1 visa holder doesn't need the EAD to get the Social Security number. Again, the law is stupid. A K-2 visa holder needs an EAD to get the Social Security number despite the fact that the visa holder may be too young to work. Only in America.

Sounds like your done with the AOS but for the paperwork and green card catching up with you. You'll eventually receive an I-797, Notice of Action, which will start "Welcome to the United States of America" and then the green card. Congratulations.

Congratulations and good luck at the interview.

Take a read of this link and draw your own conclusion. http://candleforlove.com/forums/index.php?showtopic=16810 I think I am in the minority by saying that you need an EAD, even while in K-1 status.

Another hurdle overcome. Congratulations. Hopefully, the green card will be arriving shortly.

I agree that the clerks just don't know. Take a look at my experience with getting the learner's permits for the kids: http://candleforlove.com/forums/index.php?...indpost&p=75588 I guess sometimes it's just the luck of the draw.

Who is "KING"? and how do I speak to "him"? 204110[/snapback] http://candleforlove.com/forums/index.php?showtopic=9030 "king" is his CFL handle: http://candleforlove.com/forums/index.php?showuser=496

Wait, wait. I'll dig up the link and post it in a minute or two, but if the K-1 hasn't expired and you haven't yet married, the consulate should be able to re-validate the K-1 visa so that she can return to the US without AP. Here's the link: http://candleforlove.com/forums/index.php?...topic=10934&hl= Two things come to mind if this is still policy. She should contact the consulate immediately or, better still, contact king and let him contact the consulate on her behalf.

Best of luck to you. Have a safe trip.

Maybe the best thing is for your friends to join CFL and post their questions directly.

I'm glad we're on daylight savings time. Jingwen is in China right now, and it's a lot easier to remember a 12 hour difference than a 13 hour difference - for both of us.