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Everything posted by frank1538
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It is confusing. For Jingwen's AP, I completed Parts 1, 2, and 3 to the point where it said to go to Part 7. The form does make it sound like it's only for emergency travel. Jingwen's reason attached to the form was that her dad had been hospitalized. Others have gotten AP with such things as "need to visit family members" or somthing of that sort. I think USCIS is fairly liberal about this aspect. It took Jingwen about 3 months to get her AP. Along with the I-131, I sent in the fee, the explanation for Part 7, copies of her passport and I-94, copy of the NOA on the I-485 (since her AP was not being applied for simultaneously) and her photos.
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Kepp those cards and letters coming. Good luck.
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Yes, Scheduled!!!!
frank1538 replied to restlessinsj's topic in General Visa Discussion & First Steps
Good news and good luck. -
CR-2 Confusion…Help Please!!
frank1538 replied to Li'sZhangfu's topic in General Visa Discussion & First Steps
Rich, I just noticed your timeline. I didn't realize you had filed for K-3 as well. This is very good news because it is clear that a K-4 visa can be issued to your step daughter as long as she's under 21. I don't know when she will turn 21, but I'd do everything I could to make sure she gets her K-4 and enters the US before then... and then quickly files the I-485 before she turns 21. -
It feels good, doesn't it? Good luck on this last leg of the journey.
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CR-2 Confusion…Help Please!!
frank1538 replied to Li'sZhangfu's topic in General Visa Discussion & First Steps
Here's a link that sheds some light on this and acknowledges the "gap" problem for step children between the ages of 18 and 21: http://www.ilw.com/lawyers/articles/2002,1009-mehta.shtm The portion that I find troublesome is as follows: "Under INA Section 101( B )(1), a step-child can only be considered a "child" for immigration purposes if the relationship was formed before the child reached the age of 18. Therefore, when the step relationship is formed after the age of 18, the U.S. step-parent may not be able to sponsor the step-child although he or she could still accompany the natural K-3 parent on a K-4 visa. A child caught in such a gap would presumably be sponsored by the natural parent when he or she becomes a permanent resident." Since you seem to have an approved I-130 for your step daughter, there presumably is something else out there. Maybe it's an approval for K-3/4 purposes even though you aren't filing for a K-3/4. Maybe the CR-2 is derivative to the CR-1 so that approval of her mom's I-130 automatically approves her daughter's. I really don't know. Maybe a good family based immigration lawyer can give you the correct information. -
Seems like things are starting to move again. Good luck to all. Time to update those timelines.
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Glad to hear the good news. Best of luck. Maybe the dike is starting to let things seep through again.
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Docs Returned To USA
frank1538 replied to Deekdooken's topic in General Visa Discussion & First Steps
Your case is starting to sound like Alex's in that the files are being returned stateside. Good luck with whatever you decide. -
Wow, that is fast. Good luck. The entire process from visa to LPR is almost over.
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If child born in China
frank1538 replied to wulongtea's topic in General Visa Discussion & First Steps
... and one more thing: be elected. Damn, I was so close too. -
CR-2 Confusion…Help Please!!
frank1538 replied to Li'sZhangfu's topic in General Visa Discussion & First Steps
This is a complicated area, so what I think may be total BS. However, I believe immigration law distinguishes between a child (your natural born child) and a step-child (your child through marriage) and an immigrant visa like a CR-2 and a non immigrant visa like the K-2 or K-4. This is my read, and, again, it may be total BS, so don't get depressed by what follows. For CR-2 purposes, you can file the I-130 for your child up to age 21. At that point, I think the Child Status Protection Act kicks in and keeps the status as "child" while the petition is being processed. For CR-2 purposes, you can file the I-130 for your step-child up to age 21 provided the step-child was under age 18 at the time of marriage. The CSPA then kicks in and keeps the status while the petition is processed. For K-2 and K-3 purposes, the alien's children and your step-children (under 18 or over 18 at the time of marriage) under the age of 21 can be given the visa. However, the I-485 must be filed before the child or step-child turns 21. The CSPA then kicks in and keeps the status while the AOS is processed. I had a similar issue with KK, my step-daughter, who was 20 when she received her K-2. We filed the I-485 before she turned 21 and the CSPA kicked in to keep her status while the AOS was processed. She eventually received her green card. Rich, I hope my read is wrong, but if it is correct, I think the only alternative may be for your wife to file the I-130 for her daughter after your wife becomes an LPR. -
If child born in China
frank1538 replied to wulongtea's topic in General Visa Discussion & First Steps
If memory serves, I think robhon, an old member, went through the process of getting his China born son a US passport. You might try a search. -
Another great idea. Sure beats that coffee can full of coins.
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forguttun!!! Nobody can get me more spun up and PO'd than myself... it's why i never last longer than 10 minutes in the chat room. you guys leave me alone with myself for too long. 140671[/snapback] Sorry, my post was intended to respond to the question about trying to get a visitor's visa while the K-1 is pending. 140674[/snapback] Thanks Frank, for a minute there I thought that somebody was at least listening to what I had to say. You took the time to make it clear that I was NOT being acknowlkeged. You don't happen to work for the .gov do you??? 140690[/snapback] Think of the entire visa process as a kidney stone and then quote the Bible: "This too shall pass."
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Widow Social Security Benefits
frank1538 replied to BuffaloPaul's topic in AOS & Immigration Challenges
I know this is an important topic, but I couldn't help myself. Is it possible for your wife to be a widower (see your thread title)? It certainly sounds like there are a lot more hoops for all of us whose spouses are not US citizens or if we decide to retire to China. I'll have to give this issue a lot more thought. -
She might be prepared for a question or two. The IO at SFO tried to ask Jingwen a few questions about her "visit" to the US. I was with her and fielded them for her since she didn't speak much English - simple questions like "Do you understand that you must be married within 90 days or leave?"
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forguttun!!! Nobody can get me more spun up and PO'd than myself... it's why i never last longer than 10 minutes in the chat room. you guys leave me alone with myself for too long. 140671[/snapback] Sorry, my post was intended to respond to the question about trying to get a visitor's visa while the K-1 is pending.
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fuggettaboutit
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Every now and then, the light bulb goes on in this old head. I had posted many times that I didn't think there was much significance to the priority date that several members asked about. This may have been in error. When I read Ty's post, it dawned on me that there may be more significance to the priority date - maybe it's the drop dead date for filing for a K-3, since the priority date is the date that the immigrant visa is available thus making the K-3 application inapplicable on or after that date. If I had to bet, I'd say that Adam got his K-3 petition in before his priority date. Thanks for the info, Ty.
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Good idea. When Jingwen and the kids first arrived, I was amazed that their knowledge of geography was limited. I bought a globe so that they could see where the various countries are located. I know part of their lack of knowledge came from limited education, but I suspect some of it also came from the relative isolation of Chinese population from the goings on in the world. Though not a good as your puzzle map, I use the globe to show them how far it is from Atlanta to various places in the US and around the world.
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Anyone who applies K1 via VSC?
frank1538 replied to Homeprincess's topic in General Visa Discussion & First Steps
Unless things have changed, you do not need the I-134 when your fiance first files with the VSC. You will eventually need the form, but now is probably a little to soon to prepare it. Welcome to CFL and good luck. -
I think Carl (warpedbored) posted a link a while back that allows you to watch Chines TV via the internet. Here is one such link: http://www.wwitv.com/portal.htm?http://www...levision/44.htm
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DirecTV also has several Chinese packages. The full boat runs about $30 a month.