keelec

More Reference Materials: Immigration and Nationality Act: http://www.theodora.com/ina_96.html http://www.theodora.com/ina_96_title_2.html English Plus Resolutions (generally state level). http://ourworld.compuserve.com/homepages/J...ORD/engplus.htm Executive Order 13166 Improving Access to services for persons with limited English Proficiency. http://www.englishfirst.org/13166/eo13166.html http://www.usdoj.gov/crt/cor/lep/dojimp.htm http://www.englishfirst.org/13166/13166dotlepguide.htm Drivers License Reciprocity (Texas) Thanks to Se Lang. http://info.sos.state.tx.us/pls/pub/readta...t=1&ch=15&rl=91

Hi Tazsa, Do not take this "to the bank" until the older, wiser folks concur. (Also has something newer superseded the below sources?). The I-864 is needed at AOS. K1- K4 use the I-134 until then. Source: uscis.gov/graphics/howdoi/affsupp.htm The I- 864 requires 125% of the Federal Poverty Guidelines. It states that the I-134 requires only 100% of it under section 212(a)(4) of the INA. Source: www.travel.state.gov/i864gen.html. These documents have great info on either minimum income and secondary sponsors. Richard Hmmm, I had always heard 125% for both, but hadn't seen anything in writing earlier. I browsed the Immigration and Nationality Act. The only reference I can find to 100% of the poverty level is with respect to the military. http://www.theodora.com/ina_96.html http://www.theodora.com/ina_96_title_2.html However I did find another note similar to the above one about I-864 requiring 125% (on current year only), and the I-134 only requiring 100%. http://travel.state.gov/visaglossary.html#f Here is an interesting quote: http://travel.state.gov/povert.html Thus, If you fall between the 100% and 125% limits, then weigh your options very carefully. If you are confident that you meet the 100% now, and will meet the 125% limit before appying for AOS (I am not sure when in the process the I-864 is required), then you might try it without a cosponsor. You might want to be able to show why that assumption would be valid. However, if you believe that you will need the cosponsor for the I-864, but not for the I-134, I would recommend getting the cosponsor for both.

It sounds like China is doing ok with some of the high tech stuff. Computer manufacturers are insisting on reasonably good quality items (hard drives and memory with a life expectancy of > 5 years, etc). Except, as I mentioned that Dell has traditionally sold some of the worst quality keyboards of any that I’ve seen, all made in China (all of the keys get "sticky" very quickly). I don’t know if the quality has improved lately, but most of what I’ve seen from them is pure junk. However, so much other Chinese stuff is also pure junk. I think part of the problem is the "MADE IN CHINA" is synonymous with “JUNK”…… Thus, if I am looking at wrench sets, for example. I judge the quality in a large part by the label. If it says “Made in the USA” (or Europe), I assume it is of decent quality (of course realizing there is a broad spectrum of American made tools). If there is a wrench set that says “Made in China”, I will assume it is barely worth the shipping to get it here. Now, if two manufacturers make Chinese goods, the one with the cheapest price wins out because by the label alone “Made in China”, one assumes that the quality is the very low, and virtually identical between the products. So much in the tool industry is pure “fluff”, with plastic stuff to make the tools appear prettier, but having no actual benefit to the use. And, yes, I do look at the labels…. Especially when purchasing tools. And, sometimes I still purchase imported. ----- Clifford -----

Well, I must say that I am here typing on a durable white IBM keyboard.... Vintage 1995 (kind of old for computer years)..... MADE IN THE GOOD OLD USA The thing works as well as it did 9 years ago. All I have to do is clean out the grime between the keys every once in a while. I also have a mound of Dell keyboards made in China.... Junkiest keyboards that you can imagine :P :P

Isn't the W2 and the 1040 "Proof of income", at least as of December 2003. And, past tax forms should indicate past income. Somewhere I should have the tax form for one of my houses (proof of property). As these dates are coming up soon, I guess it is time to read the fine print once again. ------ Clifford ------

If your income plus 1/5 the value of your assets (equity) falls short of the 125% poverty level (for you, your fiancee/spouse, and any dependents), then yes you will need a co-sponsor. ----- Clifford ------

Sorry for the confusion. That was a hypothetical reference.... Man saying he is "rich", but reporting income & assets low enough that his fiancee is denied the visa (I never saw the actual I-134 that was submitted). Look in the other chain about I-134 for the actual values. http://candleforlove.com/forums/index....t=ST&f=1&t=5548 You can add 1/5 the value of your assets to your actual income. ----- Clifford -----

It seems as if Chinese manufactured stuff is permeating into our society everywhere. A few days ago I was given a free sample of some products that included a pocket knife made in China. It looked cute..... Serrated lock blade with easy 1-handed opening operation. However, the locking mechanism is so dangerous, I can't believe that it was allowed to be imported into the USA. To unlock the blade, one must put one's thumb under where one is closing the blade and push a lever aside. There is no way to unlock it without putting a thumb or finger across where the blade closes. Then, I've had the knife for barely a week and the rivet/screw that holds the blade in place has come out (and has been lost). Are these products made so that people would NEVER want to buy Chinese stuff again? What do the Chinese think about purchasing products marked "Made in China"? ----- Clifford ------

Richard, Good Luck with everything. As I understand it, the K3/K4 visas were created because of complaints that the K1/K2 fiancee visas were being processed much faster than the CR1 visa applications. (K2 - children of K1 applicants, K4 - children of K3 applicants) You will find many similarities between the K1 and K3 visa applications. In the past I have seen people comment that they thought that marrying a woman should show a higher level of committment, and thus require less processing. However, it was quickly pointed out that visa fraud can be found with both married and unmarried couples. ----- Clifford ------

Just Curious, Does anybody know the eventual resolution of this case? ----- Clifford ------

Recently someone asked me a question offline about the Namecheck. I believe that it has been covered earlier, but this is a summary as I understand what is happening. Here are some notes that I scribbled together.... Sorry that I don't have any good references now. ------------------- Unfortunately the USA has been extremely secretive about the immigration process. They say that there are several agencies involved with the visa processing at the NVC. However, the only agency that the INS will identify is the FBI. I doubt that most of the people answering the phones at the NVC or DOS even know the full extent of the processing in general, or specifically about the cases. Anyway, the FBI does what is called a name check. Basically they are supposed to look at the immigrant's history to see if there is anything that would preclude the USA from issuing a visa. They use the fiancee's or spouse's name, city, and birth date to try to determine whether there are potential issues. Some things they would look for is whether or not you have committed a crime in the USA, whether you have had a visa to the USA and committed "visa fraud" or "overstayed the visa". They would also look for anything else that might cause concern with the visa process. The majority of the cases are supposed to be resolved within a few days, and something like 98% are supposed to be resolved within 120 days (I think). However, if there is concern about a case, then it has to be hand evaluated and the time to do so can be considerable. It is usually nothing that the applicant has done, but the problem occur based on someone else with a similar name. Ummm, apparently the FBI doesn't like repeat namechecks. Thus, if an identical request follows one that was completed a short time before, rather than reconfirming the previous answer, they often just ignore the second request for information. Thus, sometimes the NVC or consulate will be waiting for a confirmation that will not come. Perhaps there are other communication issues between the agencies involved too. I haven't had any confirmation, but the process is not supposed to involve the US Citizen. Now, in general, a single "Name Check" should suffice. However, if the consulate has any concern, or a reason to believe that the initial name check was incomplete, then they can trigger a second name check (this apparently happened in Irina's and my case). For example, if you fill out your DS-230 and spell your name slightly differently on the new form (put in a space or leave it out), then it automatically triggers a secondary name check. Sometimes a foul up with a maiden name can also trigger one. What I don't understand is why they don't require the spouse or fiancee to come in early in the process for "biometrics" including finger prints. I would assume that the more information that they have about an applicant, the easier it would be to determine if there was a security risk. For example, if there are two Li Hong's born on the same day (or same year). If they have the fingerprints from a previous court case that one of them was involved in, then they should be able to immediately exclude the second one based on different finger prints. Anyway, I guess the INS wasn't meant to make any sense. ----- Clifford ------

Thanks yet again Clifford, Very insightful post. Just to confirm something: I-130 and CR-1s are one in the same? The first day or two here I noticed the two terms bantered about as if they were a different process. Another "Keelec Eye Opener" (for me) was the above quote. I was under the impression that I HAD to go through the hallowed halls of GZ. Maybe I misread the government sites info before I came to CFL- stsrted with what is and is not an immigrant visa. It was as clear as freshly stirred mud. Finally had a post here about this a week back. Mary is from Shanghai and the marriage WILL take place THERE. It seems there will be no debate on this issue. Mom, Dad, Daughter, Sisters, best friend etc. WILL be there at the actual "Wedding". Of course, there is a Consulate in Shanghai. So essentially when my I-129F gets approved it gets sent to Shanghai? I have not noticed any history on the Shanghai Consulate. I'm guessing that is GOOD NEWS- as opposed to GZ being the unlubricated, squeaking, rusted out wheel. Anybody aware of Shanghai having the customs delays or other problems of GZ? Different interview procedures? This thread keeps making things look better than I first thought. Hopefully 4-5 months out of NBC then on to Shanghai for further and hopefully timely processing- Realizing my mileage can and may vary. Just look at Clifford's timeline, right? I had previously figured 14-16 months with the assumptions that BOTH the I-129F and I-130's had to be processed- adding in CSC's time. (Prior 3 experiences with I-130's were ex wife (Thai) in 1973, step- daughter and ex's brother in 1976 (His took 8 years- he passed age 21 during the visa process). HEY CLIFFORD THANKS AGAIN! Richard If I'm not mistaken, wat Clifford meant is the K-3 gets processed in the consulate of the COUNTRY that you're married in. In the case of China, that's gonna always be GZ. If you were married in Hong Kong, or Japan, or Thailand, or Canada, etc however, it would go there. Richard, Sorry about the confusion, and sorry about bursting any bubbles. All Fiancée and Spouse Visas (K1-K4, CR1, IR1) in China are processed through GZ. If you are married in a different country, your case should be processed by the consulate in that country (assuming you can get a second visa to go to the interview). Bad things would happen if you get married in HK, for example, but your wife would later be denied a re-entry visa for the interview. As far as the CR1 & IR1. The CR1 is a 2 year immigrant visa for married couples. If you finish the I-130, you get the CR1. However, you may also get it if you file for AOS after a K1 or K3 application. IR1 is similar, except that it is granted after 2 years of marriage. It can also follow the I-130, AOS, or the CR1 (I think). If you pass the 2 year point while waiting for the I-130 or AOS, you will get the IR1. If I am wrong, Don will certainly correct me. Ummm, my timeline is a BAD EXAMPLE. Most couples get the visa between 6 months and a year. My application is an example of how something can easily get fouled up, then months drag into years with little that one can do. ----- Clifford -----

I've got a flight booked to Moscow on July 14th .... You would be welcome to accompany me Unfortunately, I don't have enough Frequent Flyer miles to book a free guest. ----- Clifford ----

That is correct. As a K3 filer, you can go with whichever is faster, I-130 (CR1) which is sent to CSC, OR K-129F (K3) which is sent to MSC. At all service centers, the I-130 tends to progress slower than the I-129F. At VSC, the I-130 may still be completed within a few months. At other processing centers, the time for I-130 is generally within a few years. If the odds were layed out for which would complete faster, the CR1 application through CSC, or the K3 application through MSC.... Well, the odds would likely be set at 100:1.... Hmmm, perhaps that would still be a bit too high. The sure bet (without divine intervention) would still be MSC.... Maybe 1000:1 odds????? Oh, just to be clear. If you are married, you MUST file the I-130 at your service center. The I-129F is optional, and follows the I-130 after you get the NOA1 receipt number. Hopefully you can get the number from CSC or your bank in a reasonable amount of time. --------------------------------------------------------------------------------------------- Chinese Wife, One other thing you should consider is which consulate you wish to process the application. GZ may be the slowest and most unresponsive consulate in the WORLD. Although my application was stuck in Moscow for nearly a year, that is rather out of the ordinary even for that consulate. As a K1 filer, one has no choice on which consulate processes one's application. It MUST be processed by the consulate that serves the region where one's fiancee lives. Moscow for most (if not all) of Russia. GZ for all of China. However, as a K3 applicant, the application is normally processed by the consulate where you get married. The word of caution is that your wife MUST BE ABLE TO GET A RETURN VISA FOR THE INTERVIEW, otherwise additional delays may be incurred. However, some couples choose to have a "formal" wedding in Hong Kong, or other neighboring countries, and then return to China to have an "informal" ceremony in the woman's home town. Getting married in Hong Kong could save you 3 or more months of processing time near the end of the process which can be very stressful. Best of Luck, Clifford

Wayne, This is one of the difficult things that is extremely difficult with the process. You are still very early in the process, far to early to worry about a few days here or there. Everything will end, and your wife will be here soon. Of course, there is no excuse for the inequities in visa processing, but there is very little that we can do about it either. Perhaps the best we can hope for is that we can let someone know of our issues and the people following us will receive better treatment. As far as I know, there is nobody on the Candle that started before Irina and myself and is still waiting for the visa. There is only one couple who sent in their application within a month after ours, and most couples who sent in their applications 6-8 months AFTER us have been granted interviews and visas. One of the hardest things to do was to sincerely congratulate couples on the Candle who started 6 months to nearly a year after us and were given interview dates, or received visas when we were still waiting. But, at this point there is nothing more important than our "reunion" just over a month away. ---- Clifford -----

The K1 Application (Fiancee) sends their application to the nearest service center which is the luck of the draw. The K3 application has 2 parts. I-130 is sent to the same service center that the K1 used. I-129F is sent to Missouri Service Center. The I-130 gives your wife a CR1 - 2 year visa. The I-129F usually is a bit quicker and gives your wife a 3 month "non-immigrant" visa (K3). Most service centers are so slow with processing the I-130 that there is significant benefit to sending in both parts. Some applications sent through Vermont progress quite rapidly. However, there seems to be a significant risk of either the I-129F or the I-130 getting stuck somewhere for a very long time so most people send in both parts, then interview for whichever finishes first. ------ Clifford ------

As far as I know, there is no way for the bank to cash the check without having a physical copy of the check. If the bank can not get you a copy of the check, ask for a refund of the $110. Talk to a manager at the bank and ask for either the check or a $110 credit to your account. Hopefully he will give you the copy of the check. This would actually be in part for your own protection..... At this point, you don't know if CSC processed your application, or someone intercepted the application and "washed" the ckeck. You should also be able to get the information from CSC too. Try calling BCIS. Tell them that you don't have your receipt number and ask if they can look up the information by either your name or your fiancee's name and birthdays. It is nice to get a hard-copy of the information, but you really only need the receipt number, and the date of the receipt which could be conveyed over the phone. At this point, DO NOT ACCEPT NO FOR AN ANSWER. Oh, also, when you talk to someone from the Bank or the INS, get their name. ----- Clifford -------

Hi, Clifford, Congratulatons to you both to have the date of interview finally, I saw your post few days ago. I should write to you , but I didnot have time until now. Today is the exactly 6 months our I-129F has been approved but my husband and I still have not got any news for package 3. I am new here, I read your words if I have time and got to know somethings. And also can get some comfrot from friends here for the troubles being waiting the visa. Could you please tell us : did any one called or wrote a letter to you when your package 3 would get to you? It is a hard for waitng something without knowing a exactly date. Can you write back to us? Anyway, my husband and I wish you both get together soon. Dragon Hello Dragon, I sent you an e-mail. This process has been a very frustrating process for me to go through. Fortunately it id drawing to an end for us (with a whole new group of people waiting). Moscow is somewhat different than GZ with some things. They combine the P3 and P4 packets into a single packet in Moscow. They also publish the interview schedule on the WWW. As far as infomation about my case, it was very difficult to come by. And, unfortunately, all of the secrecy added about 8 months or so to our wait. Please let me know exactly where you are in your wait, and perhaps I will have some ideas that could help. ----- Clifford -----

Alex, Several people have had the P3 packet delayed or lost. You may be able to ask for a replacement packet from the Consulate. I believe that others have gotten replacement packets relatively quickly. You might also consider downloading and filling a copy of the DS-230 and OF-169 and sending them back to GZ. ----- Clifford -----

Hello Who, The extended wait to get a visa is difficult for everyone. But, perhaps it is worth it to take some time to reflect whether the decision to date and marry internationally was appropriate. Somehow Irina and I will be waiting for over 18 months to get our visa interview (and hopefully the visa). This spring, as we passed the 1 year point, Irina gave up on the process. With the help of the CFL members, I realized that part of our problem was the difficulty for communication. When we first met, Irina was living with an uncle and we had the opportunity to regularly talk no the phone and write via e-mail. Last summer, he moved to Moscow, and we had to find other methods to communcate. We continued to send e-mail, but there were interruptions and we lost the feeling of closeness. So, we've been working on rebuilding... And I can still tell why I always have felt that Irina was such a special woman. Best Wishes with your introspection, and determining where your future will lead, ----- Clifford -----

Ever go to Walmart and look for something that WAS NOT MADE IN CHINA? We have given a tremendous amount of our once strong manufacturing away. Ok, so it is a little more than just China, but if China, Taiwan, Hong Kong, India, and Pakistan were able to cut off our imports.... We would suffer tremendously. Throw Korea and Japan into the mix..... The number of new cars available would be a fraction. It is likely that we wouldn't even be able to make all of the parts for the so called "Domestic" vehicles. . It would be hard to find new pairs of jeans. Kitchen supplies, miscellaneous trinkets, car parts, and just about anything else you can think of would disappear. We probably couldn't even make enough shoes to protect our own feet. Could Europe bail us out if we lost the East? Probably not. ----- Clifford -----

I am not sure what they mean by "Background Checks". If it is the FBI Namecheck (which our Finacees and spouses have to endure), it normally is completed in a few weeks. Of course, there is absolutely no explanation for the other 17 months of processing ---- Clifford -----

Ummm, why attack? We have already given them the power to completely destroy our economy overnight!!!

I haven't heard anything one way or the other (not to that stage either). So far, I have never seen an "original" INS form so I am not even sure if the G325a or the I-129F is typically single or double sided. I always double side my 1040 when I copy it since the original is double sided. ---- Clifford -----

CQHK, I have heard that NVC often sends multiple packages to GZ at a time. There is often one package that gets there in a week, and other packages take a month. You might want to double check that there weren't additional tracking numbers for the shipment that you think your information is in. Best of Luck, Clifford