frank1538

It'll be a walk in the park. Congrats on the P4.

Unfortunately, she was married less than two years.

A quick response without any checking. Each joint sponsor much individually meet the income thresholds. You can't aggregate them. Guangzhou won't set up a provisional file, but I'm not sure it would make a lot of difference with DCF since the application will already be there.

All three of our AOS filings were transferred to CSC. All three were approved without interview. I would take the transfer as a good sign.

It sure would be nice if we could get some confirmation that the consulate would issue a (tourist?) visa on an expedited basis. Georgia death certificates are available to the public, so getting one to her shouldn't be a problem. Getting Guangzhou to act quickly may be. Anyone have any thoughts on this? In the meantime, I'll start making some inquiries tomorrow about the estate.

If I'm reading the visa bulletin correctly, second preference categories for Chinese spouses of legal permanent residents indicate a visa availability of March 1, 2002, so unless you take Don's advice, you're looking at at least a 4 year wait before a visa number is available - http://travel.state.gov/visa/frvi/bulletin...letin_2847.html Tack on the additional time to process the visa after your SO is notified that a visa number is available, and you kinda get the picture.

Welcome to CFL, where ignorance is bliss and knowledge can give you a heart attack. Seems like you've got a pretty good handle on your options. I'll offer a few comments, and I'm sure others will correct me if I say something stupid. This option also requires that you file the I-130 petition first. The theory behind the K-3 is that it's supposed to allow your spouse to come to the US while the I-130 is being processed. Sometimes, this is true; sometimes, the I-130 still processes more quickly. Personally, I think your 2-3 year estimate is overly conservative. I'd probably budget 10-15 months. If memory serves me (lately CRS has been kicking in ), you can file both the I-129F for the K-3 and the I-130 for the immigrant visa from China. You don't have to be in the US to file these. Again, I don't think you need to be in the US to file the I-129F for the K-1 visa. I agree that the K-1 option is generally considered faster than the K-3 option but slower than the DCF option. This is usually considered the fastest option, and the track record of CFL members going DCF is pretty impressive. Technically, a DCF filing is supposed to be "clearly approvable", whatever that means. If the consulate doesn't think the petition is clearly approvable, it can't deny the petition. Rather, it sends the petition to USCIS in the states for processing - kinda puts you back to square one. My sense is that this is a rarety, but the possibility still exists. You note that you are currently residing in China on Z/resident visa that will expire in July. An interesting question comes up here and that is do you have to maintain your residency during the process or just at the time you file? I want to say as long as you are a resident at the time you file, you should be okay, but I don't know this for a fact. It would be nice to be able to file DCF and then return to the US to secure employment and otherwise substantiate your domicile in the US. All of the options will require some sort of financial documentation. For most people who are living in China and going DCF, this usually requires a joint sponsor who makes above 125% of the US proverty levels. Usually it's not a problem. If you are filing for K-1 or K-3, take a look at the I-134 form. DCF will use the I-864 form. USCIS has some good info on joint sponsors related to the I-864. One last point. While you are correct in that you file the I-130 for DCF with the consulate that has jurisdiction over the area where you reside, it will be processed through one of the most overworked/slowest consulates in the world - Guangzhou.

You're getting closer to the finish line. Congratulations and good luck.

Hi,i would like to translate their english to you,because i know both english and chinese.ÕâÀï¾ÍÊÇÌÖÂÛK1Ç©Ö¤µÄµØ·½£¬ÄãÕÒ¶ÔÁË¡£Äã¿ÉÒÔÎÊÓйØÇ©Ö¤µÄÎÊÌ⣬ÎÒÃǻᾡÁ¦°ïÄã¡£ 197611[/snapback] Thanks for making the translation: ÕâÀï¾ÍÊÇÌÖÂÛK1Ç©Ö¤µÄµØ·½£¬ÄãÕÒ¶ÔÁË¡£Äã¿ÉÒÔÎÊÓйØÇ©Ö¤µÄÎÊÌ⣬ÎÒÃǻᾡÁ¦°ïÄã¡£--> Here is a place to discuss K1 visa, and you seek right. You can ask the problem concerning visa, and we will make an effort to help you. I hope that captures the essence. Remember also that you can post your questions in Chinese in the Chinese Language Forum as well.

I'm a bit confused as well. If you are asking about the process (what to do, what the options are, etc.), take a look at http://www.visajourney.com/forums/index.ph...tom&page=guides which is a pretty good guide on the process. If you need specific questions answered, just ask and I'm sure people will try to help. CFL also has a link to frequently asked questions: http://candleforlove.com/forums/index.php?showtopic=11293

Take a look at: http://foia.state.gov/masterdocs/09fam/094...petitioner' 9 FAM 42.42 N2.2-3 Upon Death of Petitioner (CT:VISA-677; 01-25-2005) "The death of a petitioner in a family-based petition case prior to the beneficiary¡¯s admission to the United States results in the automatic revocation of the petition and loss of the beneficiary¡¯s priority date obtained on the basis of that petition. However, if the consular officer believes that special humanitarian reasons exist which would warrant consideration by DHS of reinstatement of the petition, the consular officer shall prepare a memorandum requesting such consideration and forward it with the petition to the DHS office having regional jurisdiction." (See 9 FAM 42.42 N5.1 and 9 FAM 42.42 PN2.) This suggests to me that she might be able to enter the US if the consulate is willing to help; otherwise, she may have to deal with this long distance. Another option is to consider humanitarian parole which might allow her to come to the US temporarily: http://uscis.gov/graphics/services/humanparole/ Her status as a spouse should give her certain rights in the estate, company pensions, 401(k), etc, but I fear that it will be a difficult task for her. A good probate lawyer located in the state where her husband died might be able to help. If she wants to locate a good one in Atlanta, send me a PM and I'll make some inquiries.

Our postal employee, Cliff, used to live in Boston and spent a fair amount of time at some local watering hole up there before they got rid of him and sent him to Atlanta. If you're required to officially notify the PO, old Cliff doesn't know about it. Have the mail I get belongs to folks who don't live in the house. You'd think he'd get the hint with a pick up every day with letters marked "not at this address".

You will have to file the I-130 for the child. When depends on which visa you'll get. If you expect the I-130 to process for your wife, you'll need the I-130 filed for her daughter as well and hope the consulate can coordinate so that both can be interviewed at the same time and get their immigrant visas as the same time. Otherwise, you may be looking at two separate interviews (don't know if her age would make a difference). If you're sure you'll be getting the K-3/K-4, you don't need to have filed the I-130 beforehand to get these K non immigrant visas, but you'll need to file the daughter's I-130 as part of the adjustment of status after the family arrives in the US. The smart money says to go ahead and file the I-130 now, and get it out of the way.

Lee is giving some good advice here. The return of the documents could have been for any number of bogus reasons, for example, the processing clerk thought it was an I-129 rather than an I-129F (different fees); but, it doesn't really matter. Re-submit. Get this out of the way and then "let 'em have it". I like the idea of hand carrying the documents back to USCIS. Being such a nice guy , I'd probably even try to get in touch with the EAD lady. How would you feel if your files got returned to a stanger and you didn't even know about it?

Welcome to America.

It know it's frustrating, but it will end one day. Your comment reminds me of a true story. Back in the old days, as part of training, we had to spend some time in the customer service department of a rather large retailer. My co-worker was not in a particularly good mood when this lady came up and started complaining about a lawn mower she had recently bought. The co-worker tried very hard to keep his cool, but the exchange got a bit heated. The lady finally told him what he could do with the lawn mower. Without missing a beat, the guy said he'd like to oblige the lady but couldn't. He continued that there wasn't any more room since there was one already up there from earlier in the day.

Hearty congratulations to you and Ping. The namecheck may well be just another splinter on the banister of life - a pain in the butt, but not fatal.

Yepper, at least for I-864 purposes - http://travel.state.gov/visa/immigrants/in...nfo_1328.html#6 I don't know if the consulate would be as strict with the I-134.

Take a look at http://candleforlove.com/forums/index.php?...indpost&p=41057 "...If either parent of the child is a Chinese citizen, that parent needs to obtain an exit permit or a Chinese passport for the child from the Public Security Bureau located in the place of his/her residency. If an exit permit is issued, the child can depart China on that permit. If a Chinese passport is issued, the parent(s) needs to apply for a pro forma U.S. visa for the child at the American Citizen Services Unit of the Consulate." If this is still valid information, it sounds like you may be able to obtain an exit permit and be done with it. The other option appears to be going through the hassle of getting a Chinese passport (apparently, China does not recognize the U.S. citizenship of children born in China, when one of the parents is a PRC national - http://travel.state.gov/travel/tips/region...ional_1173.html ) and a pro forma US visa.

Trigg is right. As an LPR she can petition for her son, but it's subject to preference categories and priority dates. As a USC, the visa is "immediately available" - kinda like moving to the front of the line.

Your interview was certainly more than a formality. Congratulations.

Sometimes the problem is the pinyin representation of the Hanzi characters. I had a similar problem with my step daughter's name: http://candleforlove.com/forums/index.php?...indpost&p=65176 Maybe this is why telegrahic codes are still in use.

Nicely done. Congratulations.

Don't forget the I-864. I have heard of some instances where a copy of the I-864 for the parent slipped through but I've also heard of RFEs asking for a separate I-864 for the child.

Congratulations to you and the family.