Just started the process

[Robertw711]

Hi, my fiance and I have just started this process; filing the initial application plus the new "criminal background check" form in California at the beginning of July. I have known my fiance since Oct. 2004 and have visited three times. She speaks English fluently and has a Chinese MD degree. We met online. I am making another short trip within a month or two.

 

I have a house, good job, and am OK financially. Does anyone have any tips or warnings they would like to impart to me .... Any information at all would be appreciated. Thanks, much.

 

Robert and Cecily

[Guest pushbrk]

Hi, my fiance and I have just started this process; filing the initial application plus the new "criminal background check" form in California at the beginning of July.  I have known my fiance since Oct. 2004 and have visited three times.  She speaks English fluently and has a Chinese MD degree.  We met online.  I am making another short trip within a month or two.

 

I have a house, good job, and am OK financially.  Does anyone have any tips or warnings they would like to impart to me ....  Any information at all would be appreciated.  Thanks, much.

 

Robert and Cecily

234751[/snapback]

Sounds like you're in pretty good shape. I see no obvious red flags. Have you cleared up an potential Communist Party Membership issues? If she has ever been a member, it can be an issue.

[Robertw711]

Hi, my fiance and I have just started this process; filing the initial application plus the new "criminal background check" form in California at the beginning of July.  I have known my fiance since Oct. 2004 and have visited three times.  She speaks English fluently and has a Chinese MD degree.  We met online.  I am making another short trip within a month or two.

 

I have a house, good job, and am OK financially.  Does anyone have any tips or warnings they would like to impart to me ....  Any information at all would be appreciated.  Thanks, much.

 

Robert and Cecily

234751[/snapback]

Sounds like you're in pretty good shape. I see no obvious red flags. Have you cleared up an potential Communist Party Membership issues? If she has ever been a member, it can be an issue.

234754[/snapback]

Thanks for the input. Yes, I read about that Communist Party issue -- it had never occurred to me before. I asked her and she told me that she was never a member. She worked a long time ago as a college teacher and now also has an education-related job.

 

BTW: her daughter goes to college in the US. She will turn 21 next summer, I am hopeful that we also can get her a visa through the fiance visa process prior to her turning 21. We have an attorney working on it.

 

Any other thoughts? Thanks again,

 

Robert

[frank1538]

Welcome to CFL, where the wait is made less painful by having a cast of characters who will entertain, enlighten, drink a beer with you, and sometimes get in you face. But, hell, this is America.

 

I don't have the statistics, but my gut tells me that the success rate of CFLers is extraordinarily high. The reason that many people worry is simply one of time where a little mistake can cost you 3 months in an already long 9-12 month process.

 

Based on your posts, it certainly sounds like you've got things well in hand.

 

On your SO's daughter's situation, press your lawyer on the adjustment of status/aging out rules for K-2ers and make sure you're comfortable with the information. My step daughter was 20 when she got her K-2, and we filed for her AOS before she turned 21 but specifically requested expedited processing because the law is really unclear about whether a K-2 AOS applicant is protected by the CSPA (Child Status Protection Act). She did receive her green card after she turned 21. To this day, I'm still not sure if we dodged a bullet or if the Act really did apply.

 

Good luck.

[Robertw711]

Welcome to CFL, where the wait is made less painful by having a cast of characters who will entertain, enlighten, drink a beer with you, and sometimes get in you face.  But, hell, this is America.

 

I don't have the statistics, but my gut tells me that the success rate of CFLers is extraordinarily high.  The reason that many people worry is simply one of time where a little mistake can cost you 3 months in an already long 9-12 month process.

 

Based on your posts, it certainly sounds like you've got things well in hand.

 

On your SO's daughter's situation, press your lawyer on the adjustment of status/aging out rules for K-2ers and make sure you're comfortable with the information.  My step daughter was 20 when she got her K-2, and we filed for her AOS before she turned 21 but specifically requested expedited processing because the law is really unclear about whether a K-2 AOS applicant is protected by the CSPA (Child Status Protection Act).  She did receive her green card after she turned 21.  To this day, I'm still not sure if we dodged a bullet or if the Act really did apply.

 

Good luck.

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Thanks, that is encouraging news. I have asked the attorney and have received optimistic but vague assurances, so I am a little uneasy. But I will press him on the precise issue you raise. It would be very nice if her daughter could get a green card at the same time as the SO, thereby avoiding further visa issues for future employment or education. Thanks much,

 

Robert

[Guest pushbrk]

Frank, he's a CR-1/K-3.

 

Welcome, Robert.

234835[/snapback]

If so, then "Hi, my fiance and I have just started this process;" is a funny way to begin a post.

[Robertw711]

Frank, he's a CR-1/K-3.

 

Welcome, Robert.

234835[/snapback]

Sorry, I do not know what this means; maybe you can enlighten me?

[Guest pushbrk]

Frank, he's a CR-1/K-3.

 

Welcome, Robert.

234835[/snapback]

Sorry, I do not know what this means; maybe you can enlighten me?

234843[/snapback]

CR1 and K3 are visa categories for married people.

 

K1 is for fiance. Since you refer to your fiance, I concluded you filed an I-129f for a fiance. This would result in a K1 visa.

[Robertw711]

Frank, he's a CR-1/K-3.

 

Welcome, Robert.

234835[/snapback]

Sorry, I do not know what this means; maybe you can enlighten me?

234843[/snapback]

CR1 and K3 are visa categories for married people.

 

K1 is for fiance. Since you refer to your fiance, I concluded you filed an I-129f for a fiance. This would result in a K1 visa.

234844[/snapback]

Thanks for the explanation. Yes, that is correct. The attorney advised me that the fiance process is faster than the alternative. So, that is the track we are on. Thanks much.

[david_dawei]

whether a K-2 AOS applicant is protected by the CSPA (Child Status Protection Act).  She did receive her green card after she turned 21.

234761[/snapback]

seems the answer is NO ... But please consult with a qualified immigration attorney... You want to make sure you understand if she must adjust status prior to turning 21... which puts your timeline up till that point as your focus.

 

The Child Status Protection Act ?Memorandum Number 2

http://uscis.gov/graphics/lawsregs/handbook/CSPA2_pub.pdf

 

Immediate Relatives

Section 2 of the CSPA addresses eligibility for retaining classification as an immediate relative. The CSPA does not apply to an alien obtaining K2 or K4 visas or extensions. While nothing would necessarily prohibit an alien who once was a K4 from seeking to utilize the CSPA upon seeking adjustment, an alien who is a K2 cannot utilize the CSPA when seeking to adjust.

Edited July 31, 2006 by DavidZixuan (see edit history)

[pkfops]

The only tip I can think of right now is it may

be a good idea to put a shoe rack on your

front porch.

Edited July 31, 2006 by pkfops (see edit history)

[Randy W]

If her daughter is already here on a student visa, she has a year after graduation to get a job with a company that will sponsor her green card. If that works she can get it on her own. We are applying for my wife's son to come here. He turns 21 in Dec.

[PapaBear]

Hello Robert

 

My wife and I had some problems with the process of bringing her daughter her and keeping her here. We were married in China when her daughter was 18 years of age. The K Visa's allow unmarried children of the beneficiary spouse to accompany them to America on a K2 or K4 visa. But when we looked into adjusting the status to permanent residency, we discovered a little "Catch-22." The ajustment of status rules have a blurb which basically states that unmarried dependents of marriage immigrants who attained the age of 18 years prior to the marriage of their parent to the US citizen can not adjust their status.

 

So....we had to return our daughter to China prior to her 18th birthday to remain "in-status." So sad, but true.

 

Your best bet is checking with an immigration lawyer. My wishes for you and your's are success in this endevour to become a family.

 

Keep us posted. I'm real interested.

 

Papa Bear

[Randy W]

Hello Robert

 

My wife and I had some problems with the process of bringing her daughter her and keeping her here.  We were married in China when her daughter was 18 years of age.  The K Visa's allow unmarried children of the beneficiary spouse to accompany them to America on a K2 or K4 visa.  But when we looked into adjusting the status to permanent residency, we discovered a little "Catch-22."  The ajustment of status rules have a blurb which basically states that unmarried dependents of  marriage immigrants who attained the age of 18 years prior to the marriage of their parent to the US citizen can not adjust their status.

 

So....we had to return our daughter to China prior to her 18th birthday to remain "in-status."  So sad, but true.

 

Your best bet is checking with an immigration lawyer.  My wishes for you and your's are success in this endevour to become a family.

 

Keep us posted.  I'm real interested.

 

Papa Bear B)

234880[/snapback]

 

 

This does NOT apply to K-2's (only K-4's). If you are applying for a K-1, her daughter will be k-2.

[Randy W]

BTW: her daughter goes to college in the US.?She will turn 21 next summer, I am hopeful that we also can get her a visa through the fiance visa process prior to her turning 21.?We have an attorney working on it.?nbsp;

 

Any other thoughts??Thanks again,

 

Robert

234758[/snapback]

 

 

One more - If she is here already on a student visa, can she file to Adjust Status as the daughter of a K-1 without getting a K-2?

 

It seems like a second visa would be redundant, and may require a trip to China without having a return visa in hand (student visas are single entry).

Edited July 31, 2006 by Randy W (see edit history)