ChrisA

I'm happy with the decision, and like wise it comes late for you, because you were in the same situation as all other K-2's that fell into this policy mess. The end result for you was to make a decision of where you want to live, your choice was move to China to be with the love of your life, that in it's self takes balls if you haven't lived in a foreign country for an extended period of time. If it came to that point from my POV, I probably would have done the same thing. Having lived in Europe for over 27 years, making an adjustment to live in another country wouldn't be hard, the key factor for me is; I don't care where I live as long as I'm happy. The sad part to this mess, is all the indicators (laws, reg's and policy) and the read of the plain language of each, it's clear that nobody (Gov.) saw or chose to ignore key words or phrase contain within key paragraphs. The policies in these K2 cases were not backed by the law, are unsupported policies, this was proven in Vervokin, the Gov. couldn't show the Court where in the INA, that it said a K2 must be under 21 at the time of adjudication, therfore the Judge was put on the spot to determine which date is controlling. We spoke about this a while back about how a policy is written, of the 6 or 7 cases that followed Vervokin, where the judges ruled in favor of the K2 proves the point that policy held not water, but the Gov. continued to use this flawed policy and was using this flawed before Vervokin.

But it took a U.S District Court Decision (2007) and the 10th Cir. Court of Appeals decision (2010) to move the BIA in the right direction and not taking anything away from any of EOIR decisions for that matter, is a sense one lawyer had it right in reference to Dixon and Dawson, pre=IMFA 1986 decisions. One could look at Congress and at the way they re-wrote these changes with the IMFA, what USCIS/DHS/ICE have done with unsupported polcies by the law, those that have been affected should be in complete out-rage, I am for sure. The real question how many other cases prior to some know cases prior to 2007, were ruled wrongly, were talking about 21 years of injustice and possibility 1000 case decisions nation-wide since 1986.

I can mostly agree with your thoughts, but between Vervokin and now that's 3 plus years to make a decision on what date should be the controlling date. Even Judges that ruled in on this matter since Vervokin were having a hard-time asscessing which date should be, at the time the petition is approved (USCIS), or the date the Visa is issued (DOS) or the last on the date the petition was filed? Now the basis is date of entry which is fair.But this could also create another problem for K2's who follow to join, the standard is set, if you don't enter before 21, oh well, (SOL). If it was the latter, date the petition was filed, this would fall inline with the standards of CSPA Regulations and the use of common sense. The 1 case that I can think of is the Jiang V Still case, where she entered the US the day before turned 21.I don't have anymore information on what her current status is or if she has been deported? But it's a Victory for her and everyone else who gone though this mess. It' sad, when one follows all the rules and regs to the letter of the law, and still get deined, entry before 21, marriage before 21,AOS filed before 21? But it's good that they got it right, even going back to old law (prior to 1986 IMFA) to make a sound decision. What happens in the future with all those who were deined previously, that a whole different matter in it's self and I wouldn't to surprised if there isn't a couple of class-action lawsuits filed against the Gov. for wrongful denial of K2 AOS's. But that for another day of exploration.

Carl and Randy, We will know for sure on Aug.2, 2011 at our 3rd Master Calendar Hearing, from the looks of it, we won't be having the scheduled Individual Calendar Hearing in March 2014. I can't believe it took the BIA over 20 months to make a ruling in this matter, so the other 6 cases that are/were pending before the BIA are now moot.

Tsap, The 1st part of the whole journey is almost over, and the 2nd part is about to begin with a new future, I think the whole group what's to see anything, video or picture wise of your and Lil' rabbit's happiness. Have a safe journey and enjoy the moment. Best Wishes, Chris & Lijun

It's a never ending story, how many peices can divide yourself into, honey can you do this, can you do that, hey what about my work and priorities. Doesn't matter to them what your plans are, they have already made theirs plans before talking with you (committed to a party) and tell you the morning of the party.

Thanks guys for the all the info, I pretty much guessed what the answer whould be, we do have 2 High Schools here SEVP Certified, the big question is what year would be the best if we can get them here on an Exchange Program. I'll have to get more info about the both of them, like what is their current grade level now, and do some planning, naturally the payment of full-tuition etc. will be the next thing to find-out? Chris

Wife's has 2 sisters, each wants to send a daughter and son here to study for high school and possible go to college, both are minors at present, is this possible to bring them here via I-130 as relatives without the parents filing an immigrant visa. The answer most likely is going the F1 Student Visa. Chris

Welcome to the land of never endings questions. 1. I'm assuming that you already have the NOA1 as we call it, which the USCIS sent you as reciving the I-129F packet. 2. What you received is the NOA2, notice of approval of your petition, the next step is the NVC (FBI) Name Check, takes as long as a couple of weeks, though most take less than 5 days before the petitions is sent to GUZ. 3. I would suggest reviewing the Link&Resources menu at the top of home page, "Interview Preperations", it very important to review everything listed there. This information is both you and her and what is needed in the days that follow leading up to the interview. Do ask questions at anything, most eveybody has been through what you about to go through. Good Luck, Chris

Thanks chilton, The plan is to let it go through normal channels, as the wife wants return China probably in late Nov or Dec of this year, and then I'll follow sometime in Jan 2012, for CNY, and then bring the daughter back. If need be I'll contact GUZ if we need to delay the the Visa interview, I hope this won't be necessary as I think the lead time and timing of the submission is good. Chris

Now that's what I call the kitchen sink!! Good luck and let us know when you get the NOA1. Just received the NOA1 (May 18. 2011), receipt dated May 12, 2011. Chris

Sent out the I-130 packet yesterday: Contents include: - Payment in the amount of $ 420.00. -Form G-1145 E-Notification of Application/Petition Acceptance - I-130 - G-325A and passport style photo (Beneficiary) - Copy of (Beneficiary) passport - Birth certificate (Beneficiary) - Notorized Legal Consent from Father to allow (Beneficiary) immigrate to the USA - Copy of US Citizen Birth Certificate - Copy of CLPR Spouse's Form I-551, copy if I-797C NOA CLPR Extension, copy of CLPR Passport and K-1 Entry Visa - Copy of Marriage Certificate - Copy of Divorce (Petitioner) - Copy of Divorce (petitioner's CLPR Spouse) - Form I-864 Affidavit of Support with Tax Returns from 2008, 2009, and 2010.

tsap, Congrat's of the great news! I know you have been waiting a long time for this day to come, I'm very happy for the all three of you, litlle rabbit and your boy, I sincerely hope that great things come to those who have great patients, if there is anybody that would fit that bill, it's you and your family. May you and yours have a blessed future with happiness and love. Chris

Good deal on the consent. You won't need the G325A or a copy of her passport. Glad to have all the information!

Her daughter's BC, G0325A Bio information, Father's Consent, copy of the daughters passport, sent from China to start the process.IR2

Randy, I hear you, but we want his consent and to treat him equally in this matter, from my understanding and I haven't met him personally, he's a good guy but did something stupid, so I don't want to have fight between us, she will be able to return back to China to visit him when she wants to see him, I won't stop this interaction. I will keep this shared info in the back of my mind, just in case he tries to pull something (bribe), as were aware that we can wait until she's 18. Chris We got the paperwork packet last week, with her father's notorized consent, in the process of scanning the documents for e-filing. Wife wants to bring her here after CNY next year, I have seen the current processing times, 5 momth for the CSC to complete, time-wise this should fit the plan.

Hang-in there, one thing, GUZ has to answer your email.

LOL, When were dealing with young adults, we have to take stock, remembering that we were there age too! I sent you an email.

Sent me a PM, my son wrote an Essay for his ESL class today, lableled "Change", I've had the chance to read it without doing any editing and can more clearly see what troubles (fear) him in the future (job direction etc.), I would like to send it to you, in the hope that you can sit down with you son and share him what other young Chinese Adults are going through in a New Country and the challenges they face each day. My son understands that he left a lot of friends back in China, which is by far the biggest challenge you son has, making new friends and being active.

Tuff spot, I don't want to start a war of words, but have you tried to engage/interact with him, find out what he likes or dislikes? I'm in the same position as you, the difference is our interaction, I told my son a long time ago, that I can't replace his father, but I can be his best friend and mentor and he can come to at anytime if he has a any questions? When I first met my Laopo in Jan 2005, this is when I met my future son, the relationship at that time was semi-cold and stand-offish so to speak, as time moved forwards things changed as the paperwork process began, he was also very independant in China during High School and College and when we did see each other on my many trips back to China, our bond grew. We do somethings together, play basketball with friends from our Church. During the Chinese SAT exams, he didn't do as well as expected, Mom wasn't a happy camper to say the least, and she wanted to blow-off his birthday, now here I am, being put in the middle of this arguement, and I defended my son that he gave his best during the exams. Recently, he totaled his car (70 mph crash, hitting the center divider at a 50 degree angle, lucky to be alive and walk away from it), he bought it and I insured it, Mom, said to be supportive of our son, I said sure I'll be supportive, when coming home later that day, his girl friend visiting and I said to myself great, both will get a little leason in responsibility. In you OP, you said you began the whole process because you love your wife, he is a part of the bagage in this marriage. Make the most of it, engage youself with him as you are now his father figure.

Randy, I hear you, but we want his consent and to treat him equally in this matter, from my understanding and I haven't met him personally, he's a good guy but did something stupid, so I don't want to have fight between us, she will be able to return back to China to visit him when she wants to see him, I won't stop this interaction. I will keep this shared info in the back of my mind, just in case he tries to pull something (bribe), as were aware that we can wait until she's 18. Chris

I have heard a couple of different stories about the father having to consent even if the mother has custody so I am not sure on that one. With the I-130 what is needed is the child's birth certificate, your wife's and your's marriage certificate, and copies of all previous divorces for you and your wife. That is it. The father has Legal Custody at the moment which is the main problem at this time, we are getting assistance from the person who helped LaoPo perpare for the K-1 Visa Interview, and she aware of the issues and documents. LaoPo has had conversations with both the father and daughter, as far as I know the fathr is a CCP member, I don't know if the daughter is a CCP member? LapPo has been married twice, a son from the 1st marriage and the daughter from the 2nd marriage. LaoPo has legal custody over the son from the 1st marriage.

We received a 1 year extension of her CLPR status, and need to make an InfoPass appointment to get this included in her passport.

Getting ready to being LaoPo's daughter here, but what is also needed is the consent from the father to allow her to Immigrate, legal custody correct? Daughter is currently 16 years old, she was 13 when we married in 2008. Is there any additional documents to support the petition i.e. copy of the approval I-129f listing her on the approved petition, even though she didn't follow to join as a K-2?

Tsap, You know if it wasn't for your humor, a lot of us would have already cracked-up and given up, you on the other hand have stood the test of time and patients. I was thinking the other day, that you might end making another trip to (Nam) find your old Huey and mount some R......'s and take care of business, save that for another day! Congrat's, long time in coming and were very happy for your family, it couldn't come at a better time after all that you have been through in the last couple of months. BR/ Chris & Lijun