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frank1538

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Everything posted by frank1538

  1. Just curious as to why you would want GZ to send the P4 to you and not your SO. Am I missing something here?
  2. A US passport and shes not a citizen all she has is her alien registration card, she has a chinese passport, but those are a pain to travel on. 157718[/snapback] She'll have to become a naturalized citizen in order to get a US passport. The principal requirements are 3 years of legal permanent residence if married to the same US citizen, speaking English, and passing the test. Take a look at http://uscis.gov/graphics/services/natz/guide.htm
  3. First, remember immigration is a federal matter, not a state/local matter. The chances of her getting stopped by a federal immigration law enforcement type are very remote - just ask any of the 10+ million undocumented aliens already in the country. Second, she is still legal as Gene points out. Technically, she is in "a period of stay authorized by the Attorney General." Jingwen carried no proof with her, but I guess a copy of your NOA1 would be okay.
  4. Use this as an opportunity to create a paper trail of your interest in the proces. Once a week or so, drop GZ an e-mail (use their form but use "other" instead of one of the canned subject lines), politely inform them that the P3 packet documents have been sent and received, and respectfully request that they verify the receipt. GZ/DOS had a record of just about every piece of correspondence that I had with GZ, and I can't help but think it had a beneficial impact.
  5. tywy posted a very informative quote about the interplay between the CR-1 and the K-3: http://candleforlove.com/forums/index.php?...ndpost&p=139225 If your K-3 hasn't been approved yet, there is a chance that it may be cancelled since the CR-1 files appear to be at the consulate. Even if the K-3 is not cancelled, I'd bet that the CR-1 would come up for an interview well before the K-3. I'd probably focus on the CR-1 at this point.
  6. When GZ actually acknowledges that it has someone's files, it usually means that the information has been entered into the computer. So, in your case, I'd guess that your files have been entered. "Pending clearance" usually means that the consulate is going through the last round of security/name checks. Once these are completed, they will put you in the queue to schedule you for your interview.
  7. It is not uncommon for GZ to forget to include something in a packet, and some people just download the missing forms and send them in. It is a bit unusual for GZ to include an I-864, assuming you're K-1 or K-3. I think the required form is still the I-134 which your SO will usually take to the interview.
  8. One of the more confusing aspects of the conditional green card relates to the two year rule and the joint petition to remove the conditions. If a couple gets divorced before the conditional green card expires, a divorced alien spouse MAY still be able to get a 10 year green card by requesting a waiver on the joint petition requirement, filing the petition to remove the conditions without his/her ex-spouse's involvement and proving that the marriage was entered into in good faith. What I don't know is whether the marriage must have lasted two years for this exception to apply, but it is moot in your case since you have been married since May, 2003. What is clear, though, is that you don't necessarily have to be married when you file for removal of conditions. PS. The I-864 survives a divorce.
  9. Take a look at the OF-171 here: http://home.comcast.net/~donahso/P4index.htm. You can compare your letter with the form to see if they're related to the same thing. In light of the changes in photo specifications and the procedures for assembling the forms by the medical facility, the OF-171 may have been replaced, but i don't know for sure.
  10. Jingwen told me it's a throwback to the prostitution laws. A woman together with a man (not married) is assumed to be a prostitute.
  11. I'm with ty on this one. The SS card is about the closest thing I've seen. Also, some states will issue a state picture ID in lieu of a driver's license with proof of legal residence. Maybe she's referring to this.
  12. Jingwen is from Zhanjiang, and she said that it's only a problem if the neighbors or p.o.'ed friends raise the issue with the police. The "costs" can be stiff if the police arrive and see an American - don't know how much, other than "a lot of money". Jingwen once told me that our ceremonial wedding was enough to convince anybody that we were married. Of course, now it's no problem, and it wasn't a problem during any of my previous trips before she came to the US. Maybe I dodged a bullet, but I had 3,245,673 ceremonial wedding pictures just in case. Where in Zhanjiang is your SO? Jingwen is from the Xiashan district.
  13. Correct me if I am wrong Frank but I don't believe a non US citizen can file an I-130. They fall under the same umbrella as resident aliens briinging umarried sons or daughters over. It is a quota system and takes from 2 - 10 years depending on the country they are from and the number of visas available in a given year. In order to file an I-130 to bring the Chinese ex over she would first have to come here and adjust status as being a resident alien married to a US Citizen, wait out the 2 year conditions or file on the abuse exception wait another 2-3 years to become a naturalized citizen. A very long term proposition I doubt many scammers would have the patience for. 157176[/snapback] You're generally correct Carl, but an LPR can also file an I-130 for a spouse. In trying to cut short my post, I left out a number of facts and variations, one of which would be the Chinese scammer re-marrying his/her ex. Another variation is for the scammer to use the family visa to get here while his/her Chinese ex uses a work visa, student visa, or other legal or illegal means to get here. Then both fade away.
  14. So sorry to hear about your mom. Jingwen's dad died after she arrived here, and she related to me that, on the day of the funeral, it was raining at first then the sun started shining. She was so happy because it meant that the heavens were weeping at the passing of a good person , but once his journey had begun, the sunshine told her that the heavens were happy. Your mom's journey has begun, and your journey with your SO will soon begin. May you find comfort together.
  15. Are you talking about the I-864 (CR-1) or the I-134 (K-3)? Even the more restrictive requirements related to the I-864 make provision for instances where a tax return was not needed: http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm Also take a look at http://travel.state.gov/visa/immigrants/info/info_1329.html My thinking is that if provisions are made for instances where a tax return is not required, the lack of a tax return should not, in an of itself, cause a visa denial.
  16. The problem popped up once before: http://candleforlove.com/forums/index.php?...opic=10659&st=0 http://travel.state.gov/visa/temp/info/info_2009.html
  17. Congratulations on the visa. Putting that behind you will help relieve some of the stress that you must be feeling. Here's wishing you two a long and healthy life together.
  18. Here's how you change the name on the driver's license in Georgia: http://www.dds.ga.gov/drivers/DLdata.aspx?...748208403&ty=dl Here's how you change the name on the social security card: http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...li=&p_topview=1 If I remember, your SO already had a Social Security card. I take from the title of the post that it was not a work authorized card. Here's a link on what to do to change it to valid for work: http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cf...li=&p_topview=1
  19. Let me paint two scams involving ex spouses. 1. A married Chinese woman sees the family based visa as an opportunity. She and her husband divorce. She finds an unsuspecting USC whom she dupes into petitioning and possibly marrying. She arrives in the US, either on a K-1, K-3, CR-1, or IR-1. Subsequently, she divorces her American husband and later files an I-130 for her Chinese ex. 2. A USC divorces his American wife in order to petition and facilitate a visa for a Chinese woman. The ex wife may even be complicit in the fraud. Typically, the USC will be nicely compensated. After her arrival, she either marries/divorces her American husband and/or fades into the masses In both of these situations, the role of the ex plays a part, and an inquiry as to his or her whereabouts might be appropriate. Further, the timing of either party's divorce might shed further light on the situation. However, and I can't stress this enough, the fact that either party has been divorced, should not, by itself, raise a flag. In a perverted sort of way, Eric's non acrimonious post divorce relationship with his ex spouse might be construed as conforming to the 2nd type of scam.
  20. Good to hear, but remember, the key word is "temporarily".
  21. Hmmm. This is a bit strange. USCIS usually notifies DOS when an I-485 is approved so DOS can track the immigrant quotas. What's a bit weird is that I don't think there are quotas related to the K-1 (assuming that was her visa category when she entered the US). You might want to double check your I-485 and make sure you marked the correct reason for adjustment of status.
  22. You got it right Dan. The paperwork will eventually go to GZ, but NVC coordinates the background checks before the files are shipped off. How long the check takes is very hard to predict. It could be as short as a few weeks or as long as one year. But, you're at the right place. You can periodically punch up DOS to get a status check.
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