frank1538

You might start here: http://candleforlove.com/forums/index.php?showtopic=13394 It's a complicated issue.

Welcome to CFL. You're getting close to the end. One thing you might want to do is to determine when GZ physically received your files from the NVC, when the consulate entered the data into the computers, and if the P3 has been mailed. This will help you determine approximately when to start looking for the P3 (using historical timelines). To me this was important because it alerted me to the fact that the P3 was actually mailed to Jingwen but never delivered. And, yes, it is a sloooooooooow process. Good luck.

Doesn't Doug's story pretty well answer that? While she may be allowed entry with the K-3 (with a cooperative IO), it might be safest to get a visa before going. Seems like K-3 and CR-1's are in the same multiple entry boat here. 177436[/snapback] Doug's wife was CR-1, a legal permanent resident. Adam's wife is still K-3 - a big difference

I hope the airline had pity on Liwen and didn't charge her for her sightseeing tour of the US. This was one of the reasons I went to GZ. I had these thoughts of Jingwen and the kids getting stuck somewhere or going to the wrong city. Glad Liwen made it back to the west coast.

I don't think non immigrant visas like the K-3 will let you in to Canada. If I recall, you need a green card or US passport. Absent those, my guess is that she'll need a visa in her Chinese passport to enter Canada. Getting back into the US should be ok with the K-3. Take a look at: http://www.cic.gc.ca/english/visit/visas.html

It certainly sounds like you gave them what they wanted and then some. Good luck tomorrow.

Not unbelievable at all - just the telepathic prowess of the CFL membership. Hopefully, the remainder of the process will run more smoothly. Good luck.

Nicely done. Yeah, those GZ headaches. The consulate must hand out something secret to many people who enter by themselves. Most of the time, they come out feeling much better. Congratulations.

Good to hear from you Adam. I wanted to add a couple of points of clarification regarding the interplay between the CR-1 and the K-3. A petition for the K-3 can be filed anytime after the NOA1 is received and before the priority date for the CR-1 visa. Since the K-3 can only be issued when an immigrant visa (read CR-1) is not immediately available, the conventional wisdom is that you can file for the K-3 up until that date (the date the immigrant visa is immediately available) and usually a little longer if the files haven't yet gotten to the consulate. Most of us wish that GZ would allow both the petitioner and applicant to attend the interview as is done in a number of other consulates.

Jingwen's A number was hand written by the IO on her I-94 when she entered the US on her K-1 visa. The number is the same as her green card A number, so I'm guessing it was input into the system when she arrived.

I'm a little confused about the type of visa you're seeking. K-1/K-2 (fiance(e) and child) or K-3/K-4 (spouse and child). It is possible for the daughter to travel separately from the mom, but you have to pay special attention to the timing. I am aware of two options, but there may be other alternatives out there. I believe K-2 and K-4 visas are valid for 180 days, meaning they must be used to enter the US within 180 days after issuance. So, if the daughter goes to the interview with mom and gets her visa at the same time her mom does, she has up to 180 days to actually use the visa to enter the US. An alternative is to have the daughter put into a "follow to join" category which means that she can delay the issuance of her visa for up to a year after mom gets her visa, but the daughter's visa must actually be issued within that one year period, so you will have to factor in how long it will take to process her application if you go this route. Check out the GUZ speaks subforum where the consulate has provided some direct information on the "follow to join" procedures. In either event, you might want to make sure the consulate knows your intentions so that if a separation of the US POE paperwork between the mom and the daughter is needed, it gets done. I would hate to see the daughter try to enter the US only to be told that she's missing something that was buried in her mom's entry package. I can't speak directly to the Florida school requirements, but I'll hazard a guess that she will need at least her vaccination records. For my step kids, we didn't need to provide any transcripts, just the vaccination records, but that was Georgia.

Welcome and good luck to your parents. You've got some good info on the hospitals, but I'll take a stab at your other question. I take it that your question on the GIV-24 relates to item 5 on the form. I read the request as asking you to provide 1. The date you entered the US. 2. How you entered the US. I would suggest something like "on (type of visa - student, employment, etc,) through POE at (name of airport or entry point). Others may disagree with this. 3. Type of visa. I would read this as asking for the type of visa shown in your passport (H-2B, CR-1, F-1, EB-1, etc.) 4. Your "A" number. That's your alien registration number. I probably would also add something like "became naturalized US citizen on dd/mm/yyyy" or words to that effect.

I wouldn't call P2 a baby step. You are now finished with USCIS until the visa is issued. Maybe it's my own bias, but I always felt better dealing with the state department than with the folks at immigration. Good luck for the rest of the journey.

I know it's tough when the files are out there in limbo. I think susieq's suggestion of getting a general idea from DHL as to when the files may have been delivered to the consulate is a good one. While the time gap between NVC and GZ was shorter for me, I remember tracking the likely shipments from NVC to GZ. After I suspected my files were physically delivered to the consulate, I began sending periodic e-mails to get confirmation from the consulate. Eventually, I got that confirmation but then had to run the "P3 lost in the mail" trap. Procedures may be different now, but other than getting the right mailing address to GZ for the P3 and creating a paper trail of my involvement in the process, I doubt my inquiries did anything more than give me something to do during the wait.

Sounds like you and Susan were on Santa's "nice" list this year. Congratulations. I'd say 2006 is shaping up to be a good year.

When the bona fides of the marriage relationship are the issue, I would think that any documentation that corroborates a valid marriage would be helpful. Whether insurance cards provide corroboration is open to debate, but my guess is that it doesn't hurt and may provide some additional evidence. While I have never heard of producing insurance cards at the interview in GZ, there are numerous instances where couples provide the cards at the AOS interview as additional proof.

That's a wonderful twist on the process - sometimes the gods do smile upon us poor mortals. Good luck.

Nope Don , Talked to IRS and My Accountant My SO is Exempt on foriegn income because she met the 330 Consective days in the Foreign country test for 2005 she got here December 4 ,2005 several IRS forums on this try 864 176901[/snapback] If she chooses to be treated as a full year resident, her income in China is taxable. But, yes, she can also use the foreign income exclusion for her earnings in China. 176992[/snapback] As a general rule, you cannot file a married-joint return if one of the spouses is a non resident alien (IRS not USCIS definitions). Without the election that Don mentioned or unless the alien spouse meets the IRS definition of a resident (days present test), you usually end up having to file married-separate if you are married at year end. If the election is made, the alien spouse's "worldwide" income is usually included in the joint return subject to possible foreign income exclusions. If the election is not made and if the alien spouse is treated as a non resident alien, only his/her US income is taxable. For many SO's who come to the US during the year and are married at year end and who do not meet the IRS definition of a resident alien, it is often better to make the election since his/her worldwide income, if any, is more than offset by the benefits from being able to file a joint return.

First, this is no way should be viewed as giving legal advice. These are just my thoughts on the subject. Filing for divorce or having a legal separation before the AOS interview is likely to result in a denial of your adjustment. Absent some other basis (employment, etc. as others have suggested), this could result in your having to leave the country. However, the fact that you may have informally separated before the interview does not necessarily guarantee that you will be denied. As it relates to AOS based on marriage, it is important to remember that the intent of the process is to identify marriage fraud - marriages that were entered into solely for the purpose of getting a green card. The fact that you may have informally separated does not necessarily mean that your marriage was fraudulent, but if known to the immigration officer conducting the interview, it certainly will not look good. I would definitely assume that the question will come up during the interview, so you will need to be able to address it honestly. I have heard of some instances where a couple has separated prior to the interview but were seeking counseling through the church or with professionals. Some of these couples were able to show that the marriage was not fradulent despite the fact that there were problems. Absent such proof though, the consensus seems to be that the AOS will be denied.

Yeah, figure about 3-4 months. That's how long it took Jingwen to get her AP to return to China after her dad got sick. Unfortunately, it was too long to wait. There are provisions for expediting the AP, but they can be a pain in the neck in terms of the required documentation.

Wow. Great news. Congratulations. Chalk one up for the good guys. B)

Like NY says, the EAD process for K-2 is virtually the same - fill out the form, pay your money, and wait. If she doesn't get her card within 90 days of receipt, you can usually get an interim card on the spot. Jingwen and I considered whether we would "fudge" a bit after the AOS applications were filed but before the green cards were received, saying the kids were LPR's for purposes of ensuring in-state tuition. It never came to that. Also, you might want to check on whether Hope scholarship money would be available for in-state colleges.

Maybe it's a little bittersweet now, but you two now have each other to lean on. Enjoy the fruits of your labor and celebrate everyday. Best wishes to you both.

Is your heart rate back down to normal? B) And, welcome to America, Zhenshu. Best wishes to you both.

Sounds like you bypassed the 2 year conditional green card, you lucky dog. Congrats.