frank1538

Yes, the website is still not fully functional as of today. When I attempt to login I am presented with the following, which even after entering the correct information still denies entry. 161677[/snapback] I had the same thing happen when I entered the required information. Called customer service and was informed that because the files haven't been fully restored, they didn't have my e-mail address on file, so by putting in an e-mail address, I got an error message because it didn't match what's on file. Ok, fine. I retried it, leaving the e-mail address blank and got another error message because I hadn't entered anything in the field... Catch 22 time. Called again and asked the rep to add my e-mail address. No can do. Have to wait for more of the files to be restored. Try again later.

Good point, but I'll add a small clarification. If the son will be getting the visa at the same time as the mom but will be coming to America later, he probably should be at the interview if that's what has been requested. If the son is not planning on getting the visa at the same time the mom is, but at a later date, I would make sure that GZ knows this. Coincidentally, CFL just got a response from GUZ on the procedure: http://candleforlove.com/forums/index.php?...ndpost&p=161648 . If the son is not planning on coming to America at all, there's no need to apply for a visa for him and schedule an interview.

This is certainly an area where consulatation with a good immigration lawyer might be called for. Typically, a US citizen can file for a "child" or an "orphan". The definition of a "child" does include an adopted child if the child was legally adopted prior to age 16 AND has been in the legal custody and resided with the adoptive parent. Based on the limited information, it doesn't sound like Tian would meet this definition of a "child" since he hasn't been in your legal custody and resided with you for two years. Wanna take a two year trip to China? An "orphan" is generally defined as a person under the age of sixteen who will be adopted by U.S. citizens, but both parents must have died or disappeared, or abandoned, deserted, etc. the child. However, if one parent is still alive, and you can prove that the parent can't support the child and has released the child for adoption, then the child might be classified as an "orphan". Based on what you said, it sounds like Tian has two parents, so he might not meet the definition of an "orphan". Maybe there are other categories (immigrant or non immigrant), but I'm not optimistic about an "immediate relative"/orphan petition (I-600) for Tian unles he parents immigrate first.

Sorry the outsome wasn't as expected, but it's not over. While the recent (on paper) divorce may raise an eyebrow, just remember you're trying to convince the VO that your current marriage is bona fide. Good luck.

Congratulations. Looks like we'll be seeing you in the AOS and Immigration Challenges Section.

I used both a transmittal letter and a table of contents for the ACCO bound file: Transmittal Letter: On behalf of my wife I am enclosing the following: Form I-485, Application to Register Permanent Resident or Adjust Status for Jingwen ******, supporting documentation, and a check in the amount of $255.00 [old fee] made payable to USCIS to cover the application fee. Ms. ***** entered the US as a K-1 fianc¨¦e and married the petitioner, Frank ****** within 90 days of her arrival. Table of Contents [i used Eric's t-letter as a template] A1 ¨C Form FC-029, signed by the applicant stating that copies of all documents submitted by her are exact photocopies [not required, but what the heck] A2 ¨C Form I-485, Application to Adjust Status, with two ADIT photos attached [specifications have changed], and signed by the applicant A3 ¨C Form G-325A (in quadruplicate) and signed by the applicant A4 ¨C For I-797, Notice of Action approving the original I-129F filed on behalf of the applicant (official and courtesy copies) A5 ¨C Copy of applicant¡¯s passport main page, copy of K-1 visa, and copy of the I-94, Departure Record (front and back) A6 ¨C Copy of applicant¡¯s notarial (certified) birth certificate, in Chinese and English with certification that the English translation is in conformity with the original Chinese copy A7 ¨C Copy of applicant¡¯s notarial (certified) divorce certificate relating to a prior marriage and custody of her two children, Qiqi **** and Minghao ****, in Chinese and English with certification that the English translation is in conformity with the original Chinese copy A8 ¨C Copy of applicant¡¯s current marriage certificate showing her marriage to the US citizen/petitioner (Frank ******) on February 27, 2004 A9- Sealed envelope from the Civil Surgeon containing medical and vaccination information A10 - Form FC-029, signed by the sponsor (Frank *****) stating that copies of all documents submitted by him are exact photocopies A11 - Signed and notarized Affidavit of Support, Form I-864, executed by Frank *****, sponsor A12 - Employment verification for sponsor and copies of Statement of Earnings and Deductions (payroll statements) for sponsor for the months of January, February, and March 2004 A13 - Copies of federal income tax returns of sponsor for the calendar years 2001, 2002, and 2003. ______________ Other than the FC-029 which is not required, I think we're in sync.

Same experience as Carl's. My company plan (Aetna) just required 000-00-0000 to fill the field for the SSNs. Green cards were never an issue.

What is the procedure for setting up a follow to join case? Should the applicant e-mail or telephone the consulate? What information should the applicant provide at the time of making contact? Should the applicant request specific information/forms such as a packet 3? Can the US citizen/petitioner make the contact with the consulate?

It's probably a personal preference based in part on timing. If both the K-3 and CR/IR-1 are coming up for an interview at about the same time, some people feel that going with the CR/IR-1 dispenses with having to adjust status later since the CR/IR-1 is an immigrant visa, and the K-3 is not. Also, the CR/IR-1 does not require an EAD while the K-3 does. Personally, I don't see much benefit if the spouse has already come to the US on a K-3 and then goes back to the foreign country to finish with the CR/IR-1 process. Some have done it, but I'd venture a guess that most probably just adjust status here in the US.

Congratulations. If it's a two year green card, be sure to mark your calendar for 1 year and 9 months so you can file for removal of conditions.

Until the lawyers chime in, I'll give you my gut. Since AOS procedures vary from location to location, it is possible that if the actual resident address is known to the IO, he/she might want to kick the files. Think of this. What are you going to show as proof? Joint accounts? Will the statements have an address? Joint house ownership? Will the deed show the location? I-864 and supporting documents? What address will be shown? Anything else with an address? I'm not saying the IO will automatically kick the files, but it seems to me that there may be some risk. Having said that, I'd probably go to the scheduled interview and take my chances, not wanting to delay the process any longer.

Technically, she'll be out of status if you don't file the AOS within the K-1 validity period (90 days), but I've never heard of any downside for those who filed after the 90 days expired. If you can, file the AOS before the K-1 expires.

The I-130 is available for a legal permanent resident's spouse but is subject to numerical limitations/priority dates, etc.

That's my understanding as well. Only US citizens can avail themselves of the K-1 or K-3.

Sure sounds like the P2 (NOA2) to me. I wouldn't worry about the online status thing, but it sounds like it also says the petition was approved. The online status for Jingwen's petition said the same thing and now, two plus years later, still says the same thing. As warpedbored said, USCIS is done with the petition and now it's in the hands of the Department of State's National Visa Center.

Wow. It looks like the pace is picking up. Congratulations and good luck.

Fuggetaboutit. She's already work authorized. A CR-1 is an immigrant visa, and she either has the I-551 stamp in her passport or has already received her green card. That's all she needs. Here's a quick link: http://www.visajourney.com/forums/index.php?pg=compare#ircr1

The FAM is fairly specific about the time limits: http://www.foia.state.gov/masterdocs/09fam...ure%20visa' : "...the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required."

I'll probably keep a minimum balance on either DynaSky or Onesuite as a backup.

Can't you call DOS at (202) 663-1225, press 1 then 0 (I think) to get to a live person who can provide some information?

This is generally correct - the K-1 and K-2 are processed together. Occasionaly, the processing is separated in that the parent returns the P3 for just the parent and interviews first. I had read Lee's post to mean that his fiancee did not submit the P3 for the child ("...we didn't provide the DS-230 yet...").

This is what I have been told, and it comports with some old information I ran across: http://www.kamya.com/intro/k-2.html Essentially, you are supposed to inform GZ that you are ready for the K-2 to be issued and request the P3 for the child. I have no idea if the length of time between P3 and interview is similar to the K-1. I would suggest an e-mail to GZ. This is from the link: "Please fax us [GZ]to the attention of the Pre-interview Team the child's name and proper mailing address in Chinese characters, so that we may send her the necessary application forms for processing of her K2 visa. After receipt of her completed forms, we will conduct the necessary name clearances which will take 10 working days to be completed. We will be able to schedule her for an interview only when we received both completed & signed application forms and completed the name clearances."

The short answer is yes, but I have been hearing that if the K-1er gets adjusted first, it is possible that the K-2er might get adjusted without the need for an interview. I'm not sure I'd hold my breath on avoiding the interview though - prepare for the interview and be pleasantly surprised if the K-2 AOS is approved without one.

The Department of State (DOS) stateside office has access to the consulates' computer files and can often provide informations more quickly than waiting for an e-mail response from the post. You can call DOS at (202) 663-1225, press 1 then 0 (I think) to get to a live person who can provide some information. As you can see from my timeline, Jingwen received her P4 barely two weeks before the interview. I was getting ready to follow up at two weeks, if it didn't arrive. The consulate had to re-send the P3, so I was a little concerned about the P4. If you don't receive the P4 soon, I'd start making some inquiries. Oh, congratulations on the interview date. Good luck.

The K-3 is a multi-entry visa good for 2 years. What I think this means is that you can come and go without restriction during this period. I have never heard of a requirement that the visa holder remain in the US for a minimum period of time after initial entry.