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frank1538

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Everything posted by frank1538

  1. Are you using a lawyer or someone else who may have filed a G-28? The reason I ask this is that, while the the FAM (Foreign Affairs Manual) says the packet 3 for K visas should be sent to the applicant, I have seen/heard of several instances where the consulate sent the packet 3 to the person identified in the G-28 (Notice of Entry or Appearance as Attorney or Representative). I had a similar problem with Jingwen's P3. She didn't receive it. After numerous e-mails with GZ, they sent her another set. The first set never arrived, but about a month later, the lawyer who had reviewed and filed the I-129F got the P3. Why it went to her is beyond me, but I just assumed it was a mistake. Our case was K-1 and not K-3.
  2. A few questions. First, did you get married before you filed the I-485? I'm assuming so since one of the required documents to submit is a copy of the marriage certificate. Second, is this correspondence from DOS or USCIS? Since the I-485 is filed with USCIS, I assume you meant the RFE came from USCIS and not DOS. Third, any more details on what happened on September 5, 2005? Your timeline says you got an NOA informing you that the case was sent back by DOS to USCIS for further review. Fourth, I assume the letter from DOS(?) USCIS(?) is not tied to a scheduled interview for AOS. Are they asking you to bring the information or mail the information? If I had to guess, I'd say that DOS felt something was amiss and referred the matter to USCIS after the K-1/K-2 visas were actually issued. I would certianly provide the information requested. What is being asked for is generally the same information that you would produce at the AOS interview. If you want to be really optimistic, maybe the information is being asked for now so your SO won't actually have to go to the AOS interview, but I wouldn't hold my breath.
  3. Welcome to America. Life will be different here, but you'll have a lot of friends at CFL who will help explain things to your SO.
  4. "Say goodnight Gracie." Can't fault her logic, ancient man.
  5. Just remember that Alex is now back at GZ which is Department of State and not USCIS which is Department of Homeland Security.
  6. There have been a number of threads on filing status (joint, single, etc.). Here's one that should get you started: http://candleforlove.com/forums/index.php?showtopic=11150 While this may sound technical, spouses are never claimed as dependents. If you file jointly, you will get an exemption for the spouse. Children can be claimed as dependents if the meet the definitions. Here's a link on dependency: http://www.irs.gov/publications/p501/ar02.html#d0e3195 . The definitions have since been revised a little, but the pub should still give you a good idea.
  7. This is from the form itself: "You should read carefully the following list and answer YES or NO to each category". The general rule is that you should not leave blanks on the form.
  8. Several members have dealt with the passport, citizenship, and other issues when their children are born in China. You can do a search, but here are a couple of links to get you started: http://candleforlove.com/forums/index.php?showtopic=4058 http://candleforlove.com/forums/index.php?showtopic=4044
  9. Certainly good news. Congratulations and good luck for the rest of the journey.
  10. Have you or the designated agent received the P3 yet? It seems like a long time betwen GZ's entering the information into its system (7/05?) and now. With this much time having lapsed, I'd be trying to get weekly updates from GZ. As it relates to the K-3, have you or your lawyer received the Notice of Approval (NOA 2) yet? If your lawyer can't tell you exactly where the petition is in the process, fire his/her butt and take the bull by the horns. You're not being impatient. Go for it.
  11. It seems the USC stops the I-129F petition processing, but the alien can choose not to apply for the visa. If she is intent on unwinding it now, I would suggest she contact the USC and ask that the petition be withdrawn prior to its approval. If the petition has already been approved and shipped off to NVC or GZ, I would suggest that she advise them to discontinue processing. Maybe it will free up a little time for others.
  12. You're presupposing age discrimination. Where are you in the process and for which type of visa?
  13. One thing about the GZ visa process is that it prepares us well for the bureaucracy stateside. It seems DMV and SSA are the worst.
  14. I understand that the naturalization background check is based solely on the fingerprints that you provided while the K-1/K-3 background checks are based on the name of the indivual since no fingerprints would have been obtained at the time. Whether this is correct, I don't know, but it might explain why naturalization checks run much more quickly that visa application checks.
  15. I wish I had been as well organized as you. Sounds like you've got your bases covered. Just make sure the documents with expiration dates (police, medical, etc.) are current. As far as transparent bags/cases, I don't know if the rules have changed since Jingwen went for her interview in February, 2004. We used 3 ring binders with opaque covers. Inside were "pocket folders" to hold certain of the documents (I-134, tax returns, certificates, receipts, etc.) or tabs to mark the bulk stuff like photos, correspondence, etc. Fortunately, Jingwen had her two teenaged kids with her to help carry the binders. I doubt if she could have carried the stuff by herself.
  16. Wonderful news and a hearty congratulations. But, we've got to come up with a standard color for the approval slip. When I read "orange" I thought oh-oh. Best wishes.
  17. Dear GZ, this is your left hand, and this is your right hand. See what your left hand is doing. See what your right hand is doing. Use your f***ing brain and coordinate them!!!
  18. I echo what the others have said. You're probably looking at having to apply for a CR-1 immigrant visa. I am aware of only once instance where it may be possible for a K-1 visa holder to leave the US without advance parole and then re-enter on a re-issued K-1. Unfortunately, it requires that the visa holder not be married. http://travel.state.gov/visa/laws/telegram...grams_1437.html
  19. I was surprised too, but ain't it nice? Congratulations
  20. Congratulations and best wishes for a wonderful life together.
  21. My fingers are crossed. Waiting to hear good news.
  22. Where is this references ? The I-134 instructions say "copy"... and this is the advice that is usually stated here... and if you don't have the tax return, you can submit electronic copies... I don't think you can notary an electronic copy, you would need to certify it as a true copy instead (?). 163424[/snapback] David, it's buried in the OF-167: ...To substantiate the information rearding income and resources, the sponsor should attach two or more of the following items to the addidavit: 1. Notarized copies of his or her latest federal income tax return... What I did was to create my own certification: I hereby certify that the attached copy of the U.S. Individual Income Tax Return for the calendar year 200_ is a true and correct copy of the original return filed with the Internal Revenue Service. Signed this ____ day of _________, 200_. ________________________ (signature line). I then had my signature notarized. I know the instructions are a little misleading (documents are certified, not notarized while signatures are notarized, not certified) and some people have blown it off without consequence. Maybe GZ doesn't really care.
  23. Take a look at ty's post on K-3 vs. CR-1/IR-1 processing: http://candleforlove.com/forums/index.php?...ndpost&p=139225 Sounds to me like you won't be able to use the K-3 as a back up if the CR-1 interview goes south. It also sounds to me like you're going to have to fish or cut bait on which one to go with. Chances are, if you do nothing, GZ will cancel the K-3 and go with the CR-1.
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