frank1538

Shouldn't that be 3 years? 229434[/snapback] Yep, 3 years as a legal permanent resident for a spouse.

12 days is cutting it real close, but there are some expedite services out there that might be able to get a replacement passport in time. As far as getting another mainland visa, I don't know if it's still possible to get one in Hong Kong if your flight takes you there.

The niece would likely have to meet the definition of a "child" in order for the K-2 visa to be available. Take a look at http://www.uscis.gov/lpBin/lpext.dll/inser...t-frame.htm&2.0 The definition is very long but this portion may shed some light, and there may be other portions that more closely address your situation: "...(E) (i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years..."

Steve (cosmiclobster) raised a similar question: http://candleforlove.com/forums/index.php?...topic=13394&hl=

K-1/2 don't need vaccinations to enter the US - just at the time of AOS: http://www.uscis.gov/graphics/Medical_Exam.htm#whatare "K and V nonimmigrant (temporary) visa applicants. Individuals applying for a K nonimmigrant visa as the fiancee or the spouse of a U.S. citizen or for a V nonimmigrant visa as the spouse or child of a lawful permanent resident (LPR) (including those applying for V status in the United States) must undergo a medical exam, but are not required to comply with the vaccination requirements at that time."

There is cheaper. Get a little yellow book called "International Certificate of Vaccination" which should provide the documentation when you go to the civil surgeon. I would think just about any health care facility can give vaccinations.

Thank you Frank. Now I'm sorry I posted this nonsense. 228712[/snapback] Don't be sorry man. Maybe someone from USCIS will read about the rude behavior.

I'm sorry to hear of the bad experience, but I gotta tell 'ya, the biometrice folks at the ASC in Atlanta were top notch. The guards at the entrance were friendly but strict - people listened and obeyed. The input officers were fast and orderly, and one picture/fingerprint taker was a real hoot, making fun of the "movie star" shots she had to take. The appointees were laughing a lot, and I remember one elderly Asian man who spoke very little English who would have been lost but for the assistance that the employees gave. Maybe Atlanta is an exception or maybe they're used to having a wide variety of immigrants pass through, but I'd give them high marks for doing what has to be a boring/repetitive task day in and day out.

Welcome to CFL, the only place in town that caters to the GZ consulate weary. I think it's safe to say that all of these things have happened in the past, though I can't recall it happening to the same person. I had problems with the address, and others have received the wrong P4. The child issue is actually fairly common because of the follow to join possibility. The fact that GZ doesn't do anything about it doesn't seem to cause a problem. If the child doesn't show up for the interview, it doesn't seem to have any impact of the process.

Just a little follow up. Your residence and the household member's residence should be the same, so the proof would be aimed at that. The tax return would also be a good indicator. If I recall from another post, you said your SO did receive a social security number/card when she was previously in the US. Personally, I would be very reluctant to leave that question blank. In addition to being accurate, it might also provide a differentiating piece of information when it comes to namechecks.

Assuming the length of stay is less than a year, the green card and Chinese passport should be enough for entry back into the US. I have also suggested to Jingwen that she take her Chinese ID card with her. In past trips, she sometimes presented it. Other times, it wasn't asked for. One quick side note about the Chinese ID cards. They're being replaced countrywide, so your wife might want to think about getting a new one while she's there.

Sounds like GZ threw you a curve ball with that one, but it's good to hear that success was achieved. Congratulations.

Favorite food? That's a tough one, but just about anything Jingwen cooks is on my favorites list. I really like jiao zi, and Jingwen is an expert at making them with the thinnest of dough. Lately she's discovered some frozen ones at the Chinese market, also with a very thin shell. Still tastes good. Maybe it's the peanut oil.

I'm still bothered by that portion of the I-9 handbook dealing with the I-94. From the handbook - http://www.uscis.gov/graphics/lawsregs/handbook/hand_emp.pdf "I-94 Arrival/Departure Record Arrival-departure record issued by INS to nonimmigrant aliens. An individual in possession of the departure portion of this document may only be employed if the document bears an "employment authorization" stamp or employment incident to the nonimmigrant classification is authorized with a specific employer (i.e. A-1, A-2, A-3, C-2, C-3, E-1, E-2, G-1, G-2, G-3, G-4, G-5, H-1A, H-1B, H-2A, H-2B, I, L-1, O-1, O-2, P-1, P-2, P-3, Q, NATO 1-7, and TC). The expiration date is noted on the Form I-94."

There are a lot of good reasons why he should go, most I think related to his well being. I'm just afraid his mother will remain totally dependent on Jingwen. I'm listening to all sides, but it certainly sounds like the consensus is to let mom and daughter decide.

Here is something to look at http://travel.state.gov/passport/get/minors/minors_834.html I think the father has more rights than most people think and a lawyer should be involved as to what the law would say. There is even grand parents rights involved in the fathers situation. 228056[/snapback] Yes, both parents must give permission for passport issuance but not for travel. 228062[/snapback] David already has his passport, and it's got an expired Chinese visa in it to boot. Jingwen, KK, and the baby went to China a while back, and I eventually joined them.

To Two-Trees. Jingwen's kids haven't had a father since toddlerhood. Both consider me their dad. Jingwen and I currently provide virtually all of the caregiving for David, our grandson, and as an extended family, Jingwen and I sit at the top. Her decision is usually final, but she will not make a decision without discussing it with me first. I could tell her that there's no way David will go to China, and she would abide by that fiat as would KK. However, I'm not the kind of guy who would exercise this authority in such a fashion. KK is too young psychologically to make the decision on her own. If it were her decision, she'd opt for sending the child to China because it's the easy way out. Despite her age, she is still a child. To Gary. It certainly sounds like a fait accompli. Apparently, this has been going on for a while, and the lust, at least for KK, has long since faded. To Carl. Yep, we're an extended family, and Jingwen and I are esentially raising David. If David were to go to China, a resident visa would likely be required. As for the father, I think the lack of visitation would not bother him, but I'm sure he'd want to cut back/eliminate any child support. To Mick and Dennis. Even recognizing the cultural differences between Americans and Chinese, it is difficult to be totally objective. We Americans are raised to be self reliant, self sufficient, and independent, and some of this upbringing tells me to push KK to learn the responsibility of being a parent. On the other hand, I can't argue that it would be worse for David to go to China. There he'd be surrounded by Jingwen's family, and it would certainly be a nurturing environment. If David stayed in America, we are still faced with the issue of Jingwen wanting to take on much of the responsibility that should be KK's. Jingwen still gets up in the morning with David, feeds him, and cares for him while KK is in school. When KK comes home, Jingwen fixes her something to eat and watches David. When KK wants to take her afternoon nap, Jingwen is there to care. Jingwen even gives the baby his evening bath. When Jingwen goes to China in August, I can almost guarantee that KK won't have the foggiest idea of what to do. Again, my western upbringing tells me it's time for KK to grow up, and I really think Jingwen is looking to send the child to China as a way to continue to shelter KK. This is her Chinese upbringing.

By way of background, KK, my step daughter, got pregnant shortly after the family arrived. She and her man did not get married but have lived in the basement apartment since. He's been a pretty good provider, but Jingwen has informed me that they are splitting. The father has agreed to pay some child support (GA's guidelines would put it at about 20% of his gross). KK will assume legal custody and has agreed to some visitation - all of which will be reduced to a written agreement. Now for the cultural divide. Jingwen wants to take the baby (1 year old) to China and have her older sister care for him. My view is that it's time for KK (chronological age is 23, psychological age is about 15) to grow up, get a job, and quit completely depending on her mother and relatives to take care of the baby. Currently, Jingwen cares for the baby daily while KK goes to ESL classes. What has precipitated the issue is that Jingwen is headed back to China for a couple of months to do some house hunting, so KK will be on her own, at least during this period. KK has had it very easy, but I expressed my view that she's the custodial mother and she has to take care of the baby. We will continue to provide support as needed, but the primary responsibility is hers, not her mom's. I think the baby should remain in the US and KK should use some of the child support for daycare so that she can finish her schooling and then get a job. Jingwen wants to pack him off to be raised in China. I recognize that it's not uncommon for Chinese family members to raise the relatives' kids, but something sticks in my craw when it means sending the kid to China for who knows how long. I would much prefer to keep the kid here in America. Needless to say, KK will do what her mother says, and I will generally do what Jingwen wants when it comes to family matters, but... Should I dig my heels in?

Technically speaking, I think your wrong; practically speaking I think your right.. that said with a mouth full of sand 227895[/snapback] Damn David, my head is really starting to ache like yours. Got room in that sand? Advice to all K-1ers: Get the green card as fast as you can.

You're right. There are two separate and distinct issues here. The first is what you you need to prove that you are authorized to work in order to get a SS card. As my link that Randy provided and the SS memorandum state, the I-94, which shows a valid admission to the US, the visa status (K-1) and the duration, are sufficient for SS purposes. With this proof, SSA will issue the card. The second is what you have to provide to an employer when you seek a job. For this purpose, let's assume the employer is on the up and up. If a K-1 visa holder tried to get a job with just the SS card and a current I-94, the employer would likely say the visa holder needs an EAD. That's why USCIS issues a 90 day EAD for K-1 visa holders - they need it to present to the employer. A lot of good a 90 day EAD does since it takes about 90 days to get the dumb thing. I'd be willing to say that many employers will probably accept the I-94 as verification of one's employment authorization, but I still think the EAD is technically required - not to get the SS card, but to get the job.

Yes - K-1's are actually authorized to work, although getting a job may be a separate issue because of the 90 day expiration. With some employers, however, simple eligibility for an EAD is enough. 227779[/snapback] I agree.. this is the bigger problem which practically makes getting the EAD the only means to secure a job... I've read different experiences and some have gotten the job without getting the EAD... so it depends on the employer, which seems unfortunate... 227783[/snapback] I don't want to belabor the point since it's not germane to Hunter's K-3 question, but take a look at http://www.uscis.gov/graphics/howdoi/EAD.htm "...The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fianc¨¦s of American citizens; and dependents of foreign government officials." I now return you to your regularly scheduled programming.

Is K3 different from K1? We applied and got Jen's SSN 2 months before we even applied for AOS and we never got the AP or EAD. The only snag was that USCIS had put her name into the computer wrong so it took 5 weeks rather than walking out with it that day. Only thing about it was that the card sain "not valid for work without DHS approval". 227662[/snapback] A K-1 is work authorized and can therefore get a SSN. A K-3 is not and must have an EAD or green card. 227710[/snapback] Don, K1 is not work authorized and we would have needed to get the EAD for Jen to work. We just opted to wait for the GC. As for insurance, it would depemd on company or policy rules. In out case, Jen and I had to be married before I could add her to my coverage. We have been looking into other options since the plan thought my work is too expensive. 227721[/snapback] Take a look at http://candleforlove.com/forums/index.php?showtopic=10720 There appears to be a distinction between being authorized to work for SS purposes and proof of authorization when actually applying for a job. It is my understanding that you can get an SSN off the unexpired K-1 visa only, but you need an EAD to actually work. My read is that the SS card and the I-94 are not enough to prove that you authorized to work. Take a look at http://candleforlove.com/forums/index.php?...ndpost&p=203429 which is my take on why a K-1er needs an SSN and EAD to actually work.

Congratulations and good luck at the interview.

Good to hear. Congratulations. I take it the consulate would not allow both parents (natural and step) in for the interview. Or, was it that you really wanted that cup of coffee?

correctomundo.