frank1538

It's an exciting feeling, isn't it? Best of luck at the interview.

I agree with David on the other information. On this one, I think the category is box "a" for the K-3. Be sure to attach a copy of the I-130 approval notice. If you go to http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf you'll see the current chart. Just go down the "Sponsor's Household Size" column for your family and then go to the far right column ("125% of Poverty Line") and use that number. For example, if your household size is 3, the number you would put on the I-864 is $20,112 (assuming you live in one of the contiguous 48 states). Be sure to show 2005 as the year.

I'd never be able to hold a candle to you and your dedication to the real FAQ. B)

Sorry to hear about this turn in events. Personally, I would not try to go outside of the normal procedures to get this resolved. Failure to follow the rather formal procedures can be just as fatal as an outright denial. Now is the time to get yourself a good lawyer who knows how to file a Motion to Reopen (MTR). I would advise you to get the MTR filed as quickly as possible. As you note, the I-485 denial is technically not appealable, but you can file an MTR if there are additional facts or you can show some screw-up by USCIS. For example, if the denial turned on failure to respond to an RFE, supplying that new information may be sufficient for USCIS to reopen the case. Personally, I think it would also be helpful to your case if you have "clean hands". In other words, I hope you didn't forget to do something like not advising USCIS of a change in address. Was there any indication on the online status check about the RFE? There is also a procedure for having the filing fee waived. I don't know what the effect is on Ying's status. Your lawyer should be able to advise you on this, but I would hope that USCIS wouldn't do anything until your 33 days runs out. Needless to say, there is also a procedure and form that can be used to stop deportation or removal proceedings if it comes to that. Let's hope not. I wish I could provide definite answers, but this is something that your lawyer will have to provide. Good luck.

By all means, do what works best for you and your SO. Jingwen did not have a computer at first, and we relied on her hand written "phrase book", my translator, and my elementary Chinese. As it turned out, it was easier for me to pick up more Chinese that for her to pick up English. When we eventually got her a computer, it was actually better for me in learning Chinese that for her learning English. Now that she is here, her English is progressing albeit at a snail's pace. The key, though, is communication, whether it be Chinese, English, Chinglish, or the language of love.

You might check the processing times shown on USCIS's website: https://egov.immigration.gov/cris/jsps/ptimes.jsp Although the N-400 is filed with the Service Center, it appears that the processing is handled by the district office, so check the processing times for the district office that serves your area. The processing times are not the most accurate, but they do give you an idea.

Wow, that was fast. You may be ranking up there among the fastest from I-129F to interview. Good luck.

Congratulations on getting the card. My step daughter's name was misspelled on her green card, so we had to get it corrected. To avoid having to pay an additional fee, we had to show that the mistake was the government's - not that hard to do. We went to the local office with the I-90 form completed, along with supporting documentation that showed that all of our initial filings had the correct spelling of the name. The USCIS individual noted a fee waiver on the form and stamped my step daughter's passport with a temporary I-551 stamp. The employee took the old card, and my step daughter received her corrected card in the mail. I don't recall how long it took, but I want to say 6-8 weeks.

Gee, thanks Carl. I thought that picture was buried long ago. I will say this though. That was the best swimming lesson I ever had.

That's great news. If I recall, you'll get the approval notice in the mail, followed by the Welcome to America letter, followed by the actual green card. Absent some issue with namechecks or biometrics, the green card comes rather quickly, usually within a couple of weeks. Your mileage may vary.

Ah, shucks guys, I'm a little embarrassed, but thanks. One nice thing about information - it's one of the few things that can be given out without giving up anything. I've always viewed CFL as a collaborative effort, and I have received more than I give. It's nice to be appreciated. I shall now retire to my coffin.

For what it's worth: http://www.customs.ustreas.gov/xp/cgov/tra..._restricted.xml http://www.customs.ustreas.gov/xp/cgov/tra...ation_drugs.xml

The AOS application is rather specific in requining the Approval Notice. You can always apply for another one by using the I-824 - http://uscis.gov/graphics/formsfee/forms/files/I-824.pdf My sense is that the AOS won't get denied outright without the Approval Notice, but there's no guarantee. Rather, I'd bet you'd get an RFE (Request for Evidence) asking for it. One possibility that I do not recommend is to file an I-130 along with the I-485. The instructions allow for this, but I don't think it's indended for K-1 visa holders seeking to adjust status. Besides, the fee for the I-130 is higher than the fee for the I-824. One thing I might do is to check the processing times for the I-824 for your area. If the I-824 is being processed within 6 months, you might consider filing the I-824 and waiting on filing the I-485 until the Approval Notice is received. Be careful about timing though. Some things like medical exams expire after a year if you haven't filed the I-485. The other alternative would be to file the I-824 now but also file the I-485. If you get an RFE on the Approval Notice, you'll still have a little time left to get the Approval Notice. Be careful here too. If you cannot supply the information requested in the RFE within the time limits, chances are good that the AOS application would be denied. Filing fees are rearely if ever refunded. So, if the AOS application is denied (rather than suspended waiting on additional eveidence), you'll likely lose the fee. However, if your I-485 is denied, the loss of the fee would be the least of your problems.

I am a bit confused. In reading Feng's e-mail, it almost sounds like a "blue slip" situation where you are being asked to provide more information, but the consultant's e-mail sounds like the consulate is about to send to files back to the US in order to revoke the I-129F petition. Patrick, I don't want to sound alarmist, but I think it is important to see if this matter can be resolved before the files are returned to USCIS for possible revocation. Here is one link that discusses what might happen if the consulate sends files back to the US: http://candleforlove.com/forums/index.php?showtopic=14779 I think contacting a good lawyer in Guangzhou (with all due respect, not a consultant) will certainly help sort this out. Also are you sure that the cite is correct? 212(a)(5)(a)?

I'll take a stab at the first question, but hopefully others with direct experience can help with the other two. Let's say you get married in May and then file the I-130 directly with the consulate. At that point, your wife probably has "immigrant intent", that is, she intends to immigrate to the US. In order to be able to get a tourist visa to the US, an applicant has to overcome "immigrant intent". For most people, this is done by showing strong ties in the home country and otherwise documenting and proving that the applicant intends to return. I'm guessing that being able to do this will be difficult if not impossible if you have filed the I-130 indicating that you want your wife to immigrant to the US. Could she apply for a tourist visa before you file the I-130? I guess she could, but the chances of a single Chinese woman getting a tourist visa are very slim indeed. One possibilty might be for her to explore a tour group visit to the US where I suspect the chances of getting a tourist visa might be marginally better. If I were in your shoes, I'd probably be planning on her first trip to the US being on an immigrant visa (CR/IR-1) rather than on a tourist visa. The six month rule refers to when you have to enter the US after getting this visa. Most visas have to be used to gain entry into the US within 6 months of issuance - use it within 6 months or lose it. The two year rule refers to the type of immigrant visa the spouse will get. If the marriage is less than 2 years old, the visa will be a CR-1 (conditional resident). When she enters the US, she'll enter as a legal permanent resident, but her green card (which she'll eventually receive)will be good for only two years. It will require that you file an application to "remove the conditions" before the card expires. Think of it as the government's ways of making you prove that the marriage is bona fide. If the marriage is over 2 years old, she'll get an IR-1 visa. When she enters the US, she'll also enter as a legal permanent resident, but the green card she'll get will be good for 10 years rather than 2.

There are several threads on the subject. I think this is the principal thread: http://candleforlove.com/forums/index.php?showtopic=8319 What added to the indignation was the fact that Jany's "husband" was a member of CFL: http://candleforlove.com/forums/index.php?...indpost&p=91022

Yep, it's almost over. I know how much you've missed having to deal with GZ. I'm sure it you wanted to start over, they'd accomodate you. Good luck.

Jingwen wanted something very special for her older sister's birthday since she was turning 61. She said any birthday ending in "1" is a significant birthday. Has anyone ever heard of this?

Sorry, Patrick, best to keep personal contact information away from public view.

Some Chinese people adopt a western name on the assumption that it's easier for us "stupids" to pronounce. Personally, I am not a big fan of name changing, but have no issue with others who feel more comfortable with using a western sounding name. When Jingwen and I first started dating, she wanted to go by "Mary". It didn't last, in part because her name is fairly phonetic. A good friend's wife changed her name form Yixuan to Grace (the rough English translation) because her Chinese name was so difficult for westerners to pronounce. It's probably a matter of personal preference. While I guess one could legally change a name, my sense is that most people just use a western name and leave the legal name alone.

Welcome to CFL. There are a number of members who went DCF who can share their direct experiences, but my take is that it's easier and faster then K visa processing since you essentially bypass the stateside filings with USCIS. A couple of points to consider. As David points out, domicile can be a problem. Your domicile has to be in the US in order for you to be able to execute the I-864 affidavit of support (needed as part of the CR/IR-1 visa process) even if you don't currently make the US poverty level minimum (a joint sponsor can't even execute an affidavit of support if you can't). Having secured employment back is the US is a very good indicator that your Chinese residency was temporary and you always intended to return to the US. The I-864 will be needed if you go DCF but won't be needed if you go K. Rather, the I-134 is currently used. In all honesty, I don't know if the I-134 also requires a US domicile, but I suspect the requirements are less stringent. Also, whether you go CR/IR-1 or K, remember that most visas have a 6 month validity which means that the visa must be used to gain entry into the US within 6 months of issuance. So, timing should be considered as well. It would be a real pain to go through the hassle of getting a visa just to have it expire before coming to the US.

I would have bet my last dollar that her being there would have been proof enough that Wei had been born. Despite this little bump, congratulations are still in order.

Hearty congratulations to you both.

Nicely done and congratulations.

My first and only pocket translator was a WorldLingo - bought it used for about $50. The dictionary is limited (about 50,000 words), but it has a nice voice feature so you can listen to the Mandarin pronunciation - a nice way to pass the time on a 17 hour flight to China. Also, it displays the translation both in pinyan and hanzi. I found this feature quite useful when I was shopping in China and got that blank stare when I tried to pronounce the word. Overall, I think it was a good investment. One of my buddies carries a pocket dictionary with him. Considerably more words in it, and the batteries last forever.