frank1538

They offered up NW through Detroit, but the layover in Tokyo (I think) wasn't worth the savings. When you're flying coach to China, getting there ain't half the fun.

Yep. ATL-LAX-CAN - leaving next month. I booked the flight at a local agency located in the Asian Square Shopping Center ( http://www.goldentourtravel.com/ ). When I made my very first trip to China, I checked in with the CDC folks who suggested a few things (Hep B, updated tetanus, and Malaria pills). I got the pills from my local doctor on a prescription but never used them (long expired). I did bring some industrial strength DEET (got it at REI), but didn't use it that much.

What time are you arriving in GZ? For most ATL-CAN flights, the CS flight arrives 6:20 a.m. as msmckee said. Why not catch one of the morning flights to Beihai? If you need cash for the flight, you can convert dollars to RMB at the airport. I'm on a similar flight schedule, arriving on the 6:20 a.m. CS flight. My wait in GZ is about 3+ hours for the connecting flight to Zhanjiang which incidentally, is just a short bus ride from Baihai. You'll love that part of the country but be prepared for the heat and bring malaria pills and insect repellant.

I did not want to entrust all of the financial documents to the PO, DHL or FedEx, plus I had a lot of e-mails, photos, and chat correspondence that I wanted Jingwen to have for the interview. Since I was going to Guangzhou to be there, I thought it best to hand carry the stuff.

Get married maybe? I'm trying to recall what happened when Jingwen and the kids arrived - between arrival and marriage. Prior to marriage, I don't think there's a lot of visa/immigrant related stuff to worry about. Like you said, a social security card is something to think about. We actually waited for the EADs to come in before going for cards. Enrollment in ESL or school was high on our list as were cell phones and shopping for other Chinese essentials. Enjoy the relative freedom from immigration matters for a while, get married and then work on the next phase. The fun really begins after marriage.

Glad is worked out as planned. Hearty congratulations to you and your wife.

Congratulations Qing and Jim.

The "may" language probably refers to the fact that some adjustment of status applicants are not deemed to have abandoned their AOS if they travel without advance parole. For example, a K-3 spouse who has filed for adjustment of status can still travel overseas without advance parole (if the K-3 visa is still valid) without being deemed to have abandoned his or her AOS application. Unfortunately, that's not how USCIS applies the rule to K-1 visa holders. Further, since the K-1 is a single entry visa which is only good for ninety days, your fiancee, once she enters the US and uses the visa, will have no legal means for re-entering without AP or another visa. Some people have thought that it would be okay to apply for a K-1 visa holder to apply for AP after marriage/AOS filed and leave the country before AP was received - the thinking is that the US spouse would send the AP so the overseas spouse could use it to get back into the US. I would not recommend doing this. Departure dates and AP dates may get cross checked, and the result could be disasterous. I remember when Jingwen flew on AP, she had to go to a holding area while the IO checked out her AP and accessed some computer records.

Congratulations!!

The Foreign Affairs Manual seems to indicate that minor children accompanying a parent on a K visa do not require a passport: http://foia.state.gov/masterdocs/09fam/094...port%20FAM' Does the consulate require a minor child of K visa applicant to have a passport? If not, does it make a difference where the K visa parent returns to China on Advance Parole or as a legal permanent resident to accompany the child to the US in a follow to join situation?

Interesting link. Frank, I would really like to hear your take on this. 195386[/snapback] Personally, I am not a big fan of using mandamus to compel the government to do something in immigration matters. Others have tried it and, SOMETIMES, the filing of the action is enough to get action but not always. My understanding of filing a mandamus is that two things are generally required. First, the government has to have failed to do something that it was supposed to do. In the context of the namecheck, this would suggest that the appropriate givernmental agency has not processed the namecheck as required. The fact that the namecheck is taking longer than normal may not be enough. The second thing is that the courts will often inquire as to whether the person tried all other available procedures to get the matter resolved. In other words, did the individual exhaust his/her other remedies first? The courts don't like to get involved if the matter could have been handled elsewhere. Only a good lawyer can advise you on whether a mandamus action is the right way to go.

Not really a major complication, just another form to be filled out by the parent. A number of USCs residing in China don't satisfy the minimum income requirements and have had to ask a parent to provide an affidavit of support. The type of visa will dictate which form will be used. For the K visas, it's the I-134; for immigrant visas (CR/IR-1), it's the I-864.

Don is right, as usual. I posted the spousal waiver link because it had been formalized into the FAM. It was not my intention to mislead anyone into thinking that the waiver process was limited to spouses. Here's another link that indicates that the waiver process extends to fiance(e)s as well: http://www.inlg-neworleans.com/news/hiv_applications.html "...[A]n alien applying for a K-1 visa as the fianc¨¦(e) of a United States citizen, or the child of such an alien applying for a K-2 visa, may apply for a waiver of inadmissibility due to HIV infection under section 212(d)(3)(A) of the Act under standing procedures of that provision. An alien granted a waiver of inadmissibility as a nonimmigrant under section 212(d)(3)(A) will be required to reapply under section 212(g)(1)(A) at the time of adjustment of status. An alien applying for a K-3 visa as the spouse of a United States citizen, or the child of such an alien applying for a K-4 visa, may apply for a waiver of inadmissibility under section 212(g)(1)(A) of the Act by filing Form I-601 with the DHS. An alien applying for a V-1 visa, or for change of status to V-1 classification, or the child of such an alien applying for a V-2 or V-3 visa or for change of status to V-2 or V-3 classification, may apply for a waiver of inadmissibility under section 212(g)(1)(A) of the Act by filing Form I-601 with the DHS. DHS will consider such waiver applications under the same eligibility criteria applicable to immigrant visa and adjustment of status applications as set forth in Chapter 41.3(a) of the AFM. Those criteria include establishing that the alien has received counseling/education necessary to prevent the spread of the infection, the alien has made arrangements for medical care in the United States and the cost will not be borne by any government agency without the consent of that agency. Waiver applications under section 212(g)(1)(A) also must be presented to the Center for Disease Control and Prevention (CDC) for advisory review. DHS, in consultation with the CDC, may set any additional terms and conditions on the approval of such a waiver as may be deemed appropriate. Failure to abide by the terms and conditions of a waiver granted under section 212(g)(1) of the Act will render the alien removable pursuant to the terms of section 237(a)(1)©(ii) of the Act."

Should be a walk in the park but good luck anyway.

You might ask her which type of identity card she has: http://www.immd.gov.hk/ehtml/hkid.htm#type If it's the ID with "right of abode", I want to say you're good to go with Hong Kong with the CR-1. Otherwise, I'm not sure. I am pretty sure she'll have to present her ID to get the visa whether she processes through Guangzhou or Hong Kong. 195481[/snapback] Thanks Frank, I looked up the codes on her card and she does not have right of abode,, so I guess I use the Shenzhen address. Thanks again. Mat 195528[/snapback] To be certain, you might shoot off an e-mail to the consulate in Hong Kong (not Guangzhou) and ask them.

You might ask her which type of identity card she has: http://www.immd.gov.hk/ehtml/hkid.htm#type If it's the ID with "right of abode", I want to say you're good to go with Hong Kong with the CR-1. Otherwise, I'm not sure. I am pretty sure she'll have to present her ID to get the visa whether she processes through Guangzhou or Hong Kong.

It seems that Jingwen did not get the discounted prices for the flights within China vs. Jingwen buys the tickets at the China POE and again at her hometown. I am assuming there are no direct flights between Atlantic and Zhejiang. Buying tickets here in the US for flights within domestic China gets guaranteed dates but may not the best prices. 195453[/snapback] Actually, the Guangzhou to Zhanjiang leg of the flight was $45 each way versus $80 (per China Southern). Maybe she could have saved a few bucks buying the tickets in Guangzhou, but she was happy with the price. If she's happy, I'm happy.

Charles try http://goldentourtravel.com/ They're located in Atlanta, and I booked the family's updoming trip through them and saved about $200 per ticket versus the competition. You're right about fare increases for the summer. Jingwen's ticket was $1,140 from Atlanta to Zhanjiang (leaving mid March). Mine was $1,290, leaving in April.

As they head into the second turn I-130 appears to be gaining on K-3. K-3 is still ahead by several lengths and the oddsmakers still think K-3 will cross the finish line first, but I-130 has been known to pick up a little speed after the second turn. Stayed tuned folks. This will be a good race. Congratulations.

On the question of opening one's mail or packages, it is done, but I don't know if it's done pursuant to governmental policy or because of some greedy postal worker. I've heard of instances where money was "hidden" inside gifts. The gifts arrived - the money didn't.

Welcome to CFL. Hopefully, you will find support here, both emotional and process related. As ShaQuaNew says, HIV/AIDS usually make the applicant ineligible for a visa: http://travel.state.gov/visa/immigrants/ty...s_1315.html#14d and http://travel.state.gov/visa/frvi/ineligib...ities_1364.html There is a waiver process available to address medical issues such as HIV/AIDS: http://travel.state.gov/visa/frvi/ineligib...ities_1364.html Also take a look at http://foia.state.gov/masterdocs/09fam/094...ant%20visa' which talks about the waiver process for spouses of US citizens who have HIV/AIDS As tigress and the link note, having the financial wherewithal to cover the medical aspects will be a consideration in determining whether the applicant will be given the visa.

David pretty much nailed it. Take a look at http://candleforlove.com/forums/index.php?...ndpost&p=139225 "...If the I-130 petition is at post, or the applicant has already been interviewed and denied the IR1 by a consular officer, perhaps due to lack of the I-864 AOS, that applicant must proceed with IR1 processing and may not choose to apply instead for the K3. If the I-130 petition remains at or is in transit from NVC, or the applicant has already commenced K3 application (by returning Packet 3 forms) when the I-130 petition arrives at post, he/she may continue to process the K3 rather than switch to IR1 processing. K3 applicants may opt at any time to process as IR1s rather than continue the K3 application." Bottom line is you get K-3 or immigrant visa, not both. You get one crack at the bat, not two.

I chalk the whole thing up to: 1. Ingorance/stupidity 2. $$$$$$$$$$ Seems like more and more people are having to go hunting for a civil surgeon who understands what's going on with the exam/requirements.

Congratulations. My extra powers foresee a Spring wedding.

Hearty congratulations on a job well done.