azureblue83

Let me ask you a question. If the conditional LPR chooses to abandon the green card now (thru I-407), will it cause trouble latter on when the LPR is ready to move to US permanently, applying for immigration again?

Hmmm. I read those posts and these are very interesting angles. I will think about it. Thanks a lot for these information! You are the best!

Hello, quick questions regarding I-131 (to get Travel Document) and I-751(to remove condition on green card). Both of these need biometric taken (i.e. fingerprints). 1) Do biometric have to be taken in the US? Do US embassy in China do that? 2) Do the applicants have to be in the US to file the application? Thanks!

Randy, Thank you so much for spending your time reading and replying. This is a very special and interesting case. After making this post, I did some more research and found this: http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH.html After reading Chapter 4 and 5, it cleared up for me. Chapter 4 for INA 320 - This is for child residing INSIDE U.S., wishing to derive citizenship thru his/her U.S. citizen parent. No mention of U.S. parent must have resided in U.S. for 5 years. Chapter 5 for INA 322 - This is for child residing OUTSIDE U.S., wishing to derive citizenship thru his/her U.S. citizen parent. Specific mention of U.S. parent must have resided in U.S. for 5 years. So, basically, when the child was back in China, the child could NOT get citizenship under INA 322 because the father did not reside in US for 5 years. But, once the child entered U.S. with IR-2 immigration visa, the child is now considered "residing INSIDE U.S."; so the child automatically become a U.S. citizen under INA 320. The father does not have to be or prove 5-year resident U.S. citizen. Tricky Here's a 3rd Party site verifying my conclusion: https://americansabroad.org/issues/citizenship/child-citizenship-act-of-2000/ . (Read 3rd paragraph of "Discussion" and also "How this Law Works")

The child was born in China. The father is a naturalized U.S. Citizen. The mother is a LPR. The child could not obtain automatic citizenship, because the father did not reside in the U.S. for 5 years. The child had to go thru immigration processing and entered the U.S. with IR-2 visa. Now the confusion begins. There are two laws INA 320 and INA 322. INA 320: the child receives citizenship automatically upon entering U.S. INA 322: the child must apply and his/her U.S. parent must prove 5-year residence in the U.S. Initially, it is believed that the child falls under INA 320. But when applying for a US passport for the child, the US parent was asked to provide secondary evidences, one of which including: "A statement of your U.S. citizen parent detailing all periods and places of residence or physical presence in the United States and abroad before your birth." (See link; scroll down to "Foreign Documents + Parent Citizenship Evidence") Does this mean the U.S. citizen parent has to meet the 5 year residence, as INA 322 required, anyway? Another question is: is it necessary to get a Certificate of Citizenship first? Or directly get a passport is OK? And which form to file? N-600 or N-600K for the Certificate? Thank you for your help.

A simple Google search "DS-261 Incomplete" you will see how wide spread this is. And I happened to be one of the victim. After your case is forwarded to the NVC, you would soon received an instruction letter, assigning you a Case Number, and showing you the steps: Step 1. Choose an agent Step 2. Pay fees Step 3. Submit visa application form Step 4. Collect financial documents Step 5. Collect supporting documents Step 6. Submit documents to the NVC With this instruction letter, you will also get an Invoice ID to pay your AOS (I-864) fee. You log in to NVC website, and click on their link to file "DS-261" choice of agent. After you submit online, it will show "COMPLETE". You also pay your AOS fee by clicking the "Pay Now" link. A day or two later, you get an email saying AOS fee is now PAID. Ok, good. But you haven't received the IV fee bill yet, so the IV Application link is shown "N/A", can't pass Step 3, have to wait. So you wait a couple weeks and you log in again to see the status of the case. To your surprise, the "Choice of Agent" is now showing "INCOMPLETE". So you do it again. Sending the DS-261 again. WRONG MOVE. The thing is, your IV fee bill is somehow "linked" to Choice of Agent. NVC will send you the IV bill after they process your DS-261. By sending the DS-261, again, you would somehow "reset" the clock. Do not do this. So you ask, "why it is showing INCOMPLETE then?" There are many guesses. The most probable guess is that people click on the COMPLETE link, being curious or ancious about waiting, and the link takes them to the Choice of Agent form again. If they log out or simply close the browser there, the website thinks you are trying to sign a new Choice of Agent form and hence show it as INCOMPLETE next time you log in. So the lesson is: be very very very careful when you do your Choice of Agent DS-261 online. Double, triple check it before clicking on the SUBMIT button. And after that, FORBID anyone in your family to click on that link again. Above are my experiece so far and I've been waiting on the IV bill to arrive for two months now (Since Nov-2014). I'm new to this, so if there are inaccuracy to my understanding of the situation, please let me know too. I'm here to learn also. Hope this helps.

Yes, that is correct - you simply send documents electronically without sending the "opt-in" email which used to be required. For electronic processing, ALL document must be sent in electronically, even if the instructions for that document say to mail it in. The choice of electronic vs. snail mail is made by the first document you send in. Thank you.

As you might have known, before, if you want electronic processing with NVC, i.e. sending all documents thru email, you must first send NVC a "opt-in" email. NVC will then change your case number from "GUZ" to "GZO" and you go from there. Today, I just checked the NVC web page regarding document processing, see below: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/Submit_documents.html#method1 It seems the language regarding "opt-in" is distinctively missing from the web page. Does this mean that you no longer need to send them the "opt-in" email anymore? You can just send them the document thru email, directly? Thanks.

Just an update. It is confirmed, that it takes 30 days for they to opt you in the online processing. I sent in the opt-in email April 7, 2014. Got a strange reply saying they are "out of office". And then on May 7, 2014, I received the email from NVC confirming the opt-in, and they changed the case # to "GZO". I then immediately emailed in all the IV supporting documents and the I-864 package. And guess what? I got another "out of office" reply from NVC... They sure are messing up the system there in NVC... But whatever, will see what happens next. Question: When I emailed the documents, I emailed in the wrong "Document Cover Sheet", i.e. I emailed in the cover sheet with the old "GUZ" number on it. I realize this after I hit the "Send" button. Is that a problem? Everything else, including the email subject title etc all used the correct "GZO" number... hope this won't delay anything... Anyone knows? Thanks.

bump for an opinion...

Correct. Hi, I sent the opt-in email April 7, 2014. It is now 14 days (2 weeks), and I still haven't got the confirmation from NVC. *How long does it take, usually, for NVC to send confirmation email after getting the opt-in? *Should we resend the Opt-in email? Thanks.

Ok. So that means I should wait for that email confirmation from NVC, before sending them the documents? Thanks.

Hi. I know the issue have been solved here, but I have another solution for the "No W-2 due to foreign income" problem, for the record. If you do not have the W-2, you can also choose to submit IRS Tax Transcript. If you choose to submit IRS Tax Transcript, W-2 is not required. Getting the Tax Transcript from IRS used to be a hassle, because you have to file a Form 4506-T with IRS and do it through postal mail. But in the internet age, you can now get it instantly. Go to http://www.irs.gov/Individuals/Get-Transcript and sign up an account. It takes less than 10 minutes. Enter your SSN and answer a few question to verify your identity, you can then get to your tax account and download tax transcripts for any years you filed tax with IRS. Hope this helps.

Hi. I have a related question but I don't want to flood the forum by creating a new post. I have sent the NVC the opt-in email according to their guid line. And I received a "Out of Office AutoReply" from NVC. Does this mean we are in? Or we should wait until NVC confirm we are in the online processing program?? Confused. Following is the email form NVC: Subject: Out of Office AutoReply: ENROLL GUZXXXXXXX Date: Tue, 8 Apr 2014 11:24:54 -0400 From: NVCElectronic@state.gov To: XXXXX@XXX.XXX Dear Sir/Madam: Thank you for your recent inquiry to the National Visa Center (NVC). This e-mail is an auto response. Please do not respond. We review and reply to e-mails in the order they are received. REQUIRED SECURITY INFORMATION: You are required to provide the following security information with each inquiry to receive a case specific response: * NVC Case Number or USCIS Receipt Number (Place in the subject line of the e-mail). * Petitioner's name and date of birth. * Principal Applicant's name and date of birth. * If you are an attorney, include your name and the name and address of your law office. * If the visa petition is employment-based (I-140, Immigrant Petition for Alien Worker), include the employer's company/organization name. NOTE: If you did not provide the above security information with your e-mail, please resubmit the e-mail with the required information. If this information is not submitted with your inquiry it will be requested. NVC CONTACT INFORMATION: Website: www.immigrantvisas.state.gov E-mail: NVCElectronic@state.gov Telephone: (603) 334-0700 - Operator assistance is available Monday through Friday from 7:00 AM to 12:00 AM (Eastern Time) ADDITIONAL ELECTRONIC PROCESSING INFORMATION: Additional information regarding Electronic Processing can be obtained on our website. Please visit: http://travel.state.gov/visa/immigrants/info/info_5165.html and review the U.S. Embassy/Consulate Specific Requirements and Options to determine if the U.S. Embassy or Consulate General processing your petition is eligible for Electronic Processing. Regards, - The NVC Written Correspondence Unit This email is Sensitive but Unclassified based on the definitions provided in 12 FAM 540. Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under Section 222(f) of the Immigration and Nationality Act (INA) [8 US C. Section 1202]. Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under INA 222(f) and as specified in FAM guidance. If you have received such information in error, do not review, retransmit, disclose, disseminate, use, or take any action in reliance upon this information, and contact the sender as soon as possible.

Easy one, think of Bruce Lee, they were born in the USA so was a citizen by birth, however they ended up moving back to the home country shortly after birth, even though a citizen at birth their future children cannot claim citizenship based on this. Another one US citizen living abroad they have children, claim citizenship file child birth abroad, travel to the states a couple times but not permanently, so the child lives outside the states most of life, grows up marries and has child, again since has not lived in the states cannot claim citizenship for child. The Us citizen parent has to be physically present in the US for five years which is a tougher standard that being a Permanent Resident for five years of which you only have to be physically present more than half the time (>2.5 years) as long as any single absence is < 6 months. I could see how this could happen. Hopefully he can DCF for the child. ^ This was exactly what happened. Hope that answers the question. Thank you.

Just to re-iterate the problem - the father is a naturalized U.S. citizen, but does not meet the 5 year residency requirement in order for his child to acquire American citizenship at birth. Why not just file an I-130 NOW? Delay the mother's visa as long as is necessary for the baby's visa to come through. Once the mother's I-130 reaches the Consulate, she has up to one year to interview, and then another 6 months after that to actually use the visa. I wouldn't think that there would be a problem there at all - UNLESS the mother needs to leave sooner for some reason (I don't see any hint of this in what you said, however) Thank you all for the lightning-fast response. You are all very awesome! It did not occur to us that you can hold the mother's case until the child's case catch up. Thank you for this information. We will try to do the expedite request per your suggestion. But before that, my friend was contemplating a DCF for his child. Do you think a DCF is a better course of action for this case? Or should we file state-side like the mother's and then apply for expedite + delay the mother's interview? Thanks. DCF may be a possibility, only if can show residence in China, for example if he has been there working, then it may be possible for him to file the I-130 at the USCIS office in Beijing or Guangzhou, and yes the DCF would be the better course of action, processing tends to be at most 4 months from filing to an interview, so they could simply hold the mother's case in Guangzhou until USCIS in China approves the child's case and sends it to the consulate in Guangzhou. USCIS Beijing info: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-beijing-field-office It says I-130 for relitive, it does not specify limited to spouse, so I suspect they can handle one for child. Thank you for the link. My friend resides in Shandong Province. Do you have a link for the USCIS office that service that area?

Just to re-iterate the problem - the father is a naturalized U.S. citizen, but does not meet the 5 year residency requirement in order for his child to acquire American citizenship at birth. Why not just file an I-130 NOW? Delay the mother's visa as long as is necessary for the baby's visa to come through. Once the mother's I-130 reaches the Consulate, she has up to one year to interview, and then another 6 months after that to actually use the visa. I wouldn't think that there would be a problem there at all - UNLESS the mother needs to leave sooner for some reason (I don't see any hint of this in what you said, however) Thank you all for the lightning-fast response. You are all very awesome! It did not occur to us that you can hold the mother's case until the child's case catch up. Thank you for this information. We will try to do the expedite request per your suggestion. But before that, my friend was contemplating a DCF for his child. Do you think a DCF is a better course of action for this case? Or should we file state-side like the mother's and then apply for expedite + delay the mother's interview? Thanks.

Hi everyone this is my first post. I am posting for a friend of mine who's going through this problem. Here's the situation: - My friend is a naturalized US Citizen. He was married with his wife in China, and they are living there, for over 2 years. - My friend applied for his wife to come to US, by filing I-130 stateside. It was filed around March 2013. It was approved and sent to NVC just recently, March 2014. -They had a baby girl born on July 2013 in China. - My friend thought his baby could get US Citizenship automatically. But when he went to the embassy, he found out she can't. Because he did not meet the "5-year US residency" requirement. - My friend will have to file for I-130 for his baby to come to US. Then, once the baby sets foot in the US, she can become citizen right away. Now, apparently, we would want the baby and the mother to come to US together. If my friend files I-130 stateside, it would take a whooping 12 months + for process. The baby cannot be separated from her parents that long. Again, the mother's case is now in NVC, and they were just starting to file I-864 and DS-260 etc for the mother. What can we do for the child? How can we get the baby to come with the mother? Please help. Thank you.