Bob & Minglian

Minglian and I have adjusted our vacation plans in December so we will be able to make it on Sunday the 19th after all. We'll see everybody at 6:00PM.

Thanks for the responses. I did check with DMV again and was told the same thing. Because I do not have anything "official" issued by a government agency showing she shares my last name they will not issue her an Oregon ID card with my last name. They did do it a few days ago with her Chinese surname. One of the reasons cited was identity theft. Very hard for me to understand especially since I am present with her with plenty of ID and our notarized Chinese marriage certificate. I might add, with our photos taken together. I will look into getting a court ordered name change but it seems ridiculous that we would have to go through this.

My wife and I were married in China in September of 2002 then filed for K3 visa. Her visa was approved in January of this year and together we were on a flight to the US the same day. Our I-130 has still not been approved. We recently went to the Oregon Department of Motor Vehicles to get her an Oregon photo ID card (similar in appearance to a drivers license). DMV issued her the ID card but would not use my last name which we both want. They would not acknowledge our notarized Chinese marriage certificate, even though it was in both Chinese and English. DMV told us if we had been married in Oregon (or any other US state) that she could use my last name. I don't know but I suppose we could easily get a marriage certificate here in Oregon to appease DMV and get us what we want. Yet I wonder if there would be any adverse consequences if were we to do that. We filed joint tax returns for both 2002 and 2003 using her family surname but wouldn't someone at some time question why we got married both in China and the US? I understand once our I-130 is approved we can file for AOS and a SSN and so on and documentation from that will allow us to get the Oregon ID card with my last name but we don't want to wait. Anyone foresee a problem if we were to go to Multnomah County here in Portland to get married again?

Robert, I thought I was a long time waiting for approval on my I-130! BCIS acknowledged receipt of my I-130 more than 16 months ago. And to think you've been waiting a year longer than that! I suppose it does make me feel better knowing I'm not alone in this long wait. Again, I'm happy that my wife is at least here so we can wait together. Her U.S. visa is valid until January 2006. I guess with that much time we have nothing to worry about. Right?

My thanks to those who replied. I suppose it's what I already knew. Was just wanting to get a head start on things, is all. So, we just sit and wait. At least we sit together; much better than her in China and me here!

My thinking has been that I need to wait for I-130 approval before filing for AOS. But now that my wife has been here for 2 1/2 months and given AOS processing time that if I file for AOS now we save ourselves a few months. Does that make any sense or is it just simply a matter of absolutely needing that I-130 approval first? BCIS acknowledged receipt of our I-130 petition in November of 2002. GZ issued her a U.S. visa valid for 2 years. Since she is now here I can't imagine why the I-130 would not be approved yet it is taking a long, long time.

My wife arrived in the U.S. in January (K-3). We are still waiting for the I-130 approval. Can we file for AOS now or do we need to wait until the I-130 is approved?

1) You will need to file a joint tax return this calendar year since you are now married. All income must be reported. A letter from her employer, on company letterhead, stating her income per pay period, total income for this calendar year, and employment dates for this calendar year will suffice. You claim her income then hers can be excluded with Form 2555 (up to the equivalent of $80,000 USD). The exchange rate has held steady so simply use today's exchange rate. 2) Yes, you will claim both your wife and son as dependents. 3) The W-7 form is one-page and quite easy to complete. I completed the W-7 for last year's taxes but for my wife only. With a child I'm not sure how that works. For my wife, I simply took her Chinese passport and our marriage certificate to an IRS agent who signed off on the W-7 and forwarded to the appropriate office within the IRS for processing. It took about 4 weeks to get in the mail. I know of a very reasonably priced licensed tax consultant in the Portland area who is quite familiar with this. If you want her name and phone number, send me a PM or e-mail.

Your signature block and post are confusing to me. BCIS projected processing times are based on actual calendar days, not business days. You will want to regularly check the status of your I-129F online because those projection times often change (increase). Yours is approaching that 90-day mark so you will especially want to watch it carefully. When it is approved that approval will also post on the BCIS website before you actually receive the approval in the mail. Good luck!

Rob, thanks for your most recent posts on this subject. I think that's the real Rob coming out. And I do empathize with you, especially you! It is so difficult going through this emotional roller coaster ride not knowing what's next. For me, I have yet to have any stage of this process go through smoothly, let alone in record time. So when our P3 was sent in a mere 7 days we, of course, were absolutely elated. But it was also doused by the fact that somehow we stepped out of the queue, thereby leaving others still waiting, still wondering. I'm happy you and your wife and newborn son will be together soon. And I hope you and your wife will be working on the P3 together while you're there. Hey, maybe she will have already sent it back to GZ and you'll be waiting for P4! I will be traveling on business for the next 10 days and will not likely have much time to post on Candle. But do know, Rob, that I wish you only the best!

JUST THINK You are right it is China but the Embassy is USA!!! I couldn't agree more. Don't even try it.

Rob, I am merely asserting an opinion here as is everyone else. I am also trying to distance myself some to see if I can capture a more objective and whole view. I think much goes on at every level that we don't know about and I think if we did know we would probably unlikely classify those delays as simply "procedural." Bottom-line is, we do not know. It's clear to anyone viewing the P3 window of it's apparent unfairness. Just as I believe it is with others who have waited a long time at other stages in this process. If you find my "posts a little strange in the references to the frustration level with the GZ IV unit" then you, too, are asserting your opinion and I will honor and respect that. You would be much less emotionally involved if your case were not delayed at the P3 stage. You are emotionally charged now because it directly and personally affects you. And as much as I feel badly that somehow your P3 has yet to be sent I also feel badly that Carl (warpedbored) had to wait 187 days for his NOA2 or that John (johnnybill45) had the longest wait of all to reach his wife's interview date of December 10. And these are just two recent examples that come to mind. Maybe there is something that can be done to get these cases waiting for P3's moved. I don't know. But as with every stage in this process there are those who have waited longer and those who have waited less. This isn't just about you. Let's hope that a lot more P3's will be sent this next week, including yours! I am not against you. In fact, I want yours to especially be quick because of your wife and newborn son.

Interesting...... Try the link: http://www.bcis.gov it redirects you to: http://uscis.gov/ While the case status page looks the same, main page looks very different. ----- Clifford ----- Interesting. New news to me! The BCIS name became effective March 1, just over 8 months ago. Maybe somebody else can shed some light on this.

Carl, just a realistic picture as I see it. I do hope for you and Bing that you don't encounter any more extended delays. 187 days is just way too long from start to finish for your I-129F. You have been very patient in this long process, something very difficult for all of us. I'm sure you've noticed the increased frustration level the farther along people are in the process. And the more defined the steps are within a particular processing unit, the more focused are the complaints. As was recently posted (referring to the GZ IV unit) cases seem to be randomly processed and I agree (who wouldn't) that is the worst possible system. Yet, if we were to look at any processing phase, I think we would see just that. In fact, your I-129F processing time is a good example of that. Without any doubt, Carl, there were other petitions received by BCIS after yours and forwarded to NVC before yours. Most of us, if not all of us, merely focus our complaints on where WE are in the process. If BCIS or NVC (DOS) steps were clearly defined for us from start to finish, we'd likely zero in on each and every one of those steps, as well. As you know, Carl, none of this is easy. At this point you deserve to sail through NVC without any delay; let's hope in record time! And, if you do, you won't find me complaining about how unfair it was because NVC processing time for me was so much longer. Every step in this process is a challenge and the farther along in the process the more that challenge becomes. That is why, of course, you see the collective frustration being vented on Candle with the GZ IV unit. It amuses and amazes me how individualistic so many of us are, especially in Western culture. It's also interesting to watch those personalities surface as time increases and tensions mount during this long process. Good luck with NVC, Carl. Give it a couple weeks, then call. When you do, NVC will ask for your case number or receipt number, your wife's family name and given name, and her date of birth. Ask if NVC has assigned a case number yet and if so, get that GUZ number. And with every approval and forward movement, Carl, try to rejoice on what's behind you and not so much on what's ahead of you. It helps to keep the frustration level to a minimum.

Clifford, This is the link BCIS Online Case Status I use to check the status of my case. I've used this same link before and after November 1 and all appears to be the same. Still BCIS. Bob