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It is indeed a fine line and very difficult to determine which way they interview person will go with it. I/we can only hope that they will evaluate his visa based on the fact that had his mother's visa been approved more timely that the age wouldn't even be a question. The rest of the details were filed(as you know) well before his 21st birthday. Then again, there is nothing normal about this process......lol

 

Child Status Protection Act

2. IMMEDIATE RELATIVE ¨C CHILD OF A U.S. CITIZEN

Under the CSPA, when a U.S. citizen parent petitions for the immigration of a child, the age of the child will be locked in as of the date that the parent files the I-130 Petition for Alien Relative.

2. Thus, if a U.S. citizen father files an I-130 for his unmarried daughter when the daughter is 20, the daughter will retain the status of a ¡°child¡± even if the visa petition or adjustment of status application is not adjudicated until the daughter is 22 years old.

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I'll know more in the next few days. I'm getting bits and pieces from the family in Guangzhou that tell me some of the items he has been instructed to prepare. Among those things is a passport. hmmmmmmm....

Perhaps spring 2008? I had a chat with my son today and I told him that it sounds like he needs to take a serious crash course in conversational English. He may need it soon whether it be here or at his interview or both.

Edited by dcwfn (see edit history)
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Geeezzzz.......the whole family (stateside) knows exactly what my son will do when he gets here already...lol I told Mei to tell them that unless they have incredibly deep pockets not to forget who's names are on the paperwork. How do you say: "BUTT-OUT"! in Cantonese?.........Or, "Mind your own business"?

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I should have these forms ready to go to Guangzhou in the next day or so. Do you think it would be appropriate to submit a copy of Mei's green card also?

Absolutely.

 

I would prepare evidence similar to your wifes interview. Phone records and such. Emails are not as big a deal with a child, but you want to show some sort of relationship evidence. A copy of your passport might not be a bad idea either and don't forget pictures.

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Child Status Protection Act

2. IMMEDIATE RELATIVE ¨C CHILD OF A U.S. CITIZEN

Under the CSPA, when a U.S. citizen parent petitions for the immigration of a child, the age of the child will be locked in as of the date that the parent files the I-130 Petition for Alien Relative.

2. Thus, if a U.S. citizen father files an I-130 for his unmarried daughter when the daughter is 20, the daughter will retain the status of a ¡°child¡± even if the visa petition or adjustment of status application is not adjudicated until the daughter is 22 years old.

 

If there is one thing I/we have learned about dealing with Guangzhou it is that it doesn't do any good to fret to much over their bs. We waited as long as we did to file Jia Li's I-130 because the bottom line is that we didn't know whether or not the I-160 we had to file would be denied or not. If the initial denial had stayed then Mei would not be here and we'd be going in a different direction with our lives. Hence if she weren't here, her place would be there in Guangzhou with her/our son. Luckily we filed when we did. The CSPA seems to have language that will solidify the case for us at it relates to his visa status. We are gathering any information we can to submit when he goes in for his interview. (not yet scheduled) The best thing I can say about the crap they made us endure to get Mei home again is that it definately gave me a better idea on how to prepare for this one. Let 'em know that we are more than aware of what the law says. Not to seem cocky about it but just that we know our rights this time.

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  • 3 weeks later...

In preparations to get the paperwork ready (for his interview) we have noticed that although we are all looking at an I-864, that there are different OMB numbers on the bottom of the page. The numbers are different on the copy I have versus the copy he has in hand there in Guangzhou. They both say "I-864", only the OMB numbers are different. Is this cause for concern?

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In preparations to get the paperwork ready (for his interview) we have noticed that although we are all looking at an I-864, that there are different OMB numbers on the bottom of the page. The numbers are different on the copy I have versus the copy he has in hand there in Guangzhou. They both say "I-864", only the OMB numbers are different. Is this cause for concern?

Hi,

 

From the forms website:

Edition Date :

10/18/07, 11/01/06 editions can be used, no other edition accepted.

although I think GUZ is more flexible with which editions they accept than the USCIS is.

Edited by Randy W (see edit history)
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  • 4 weeks later...

"UPDATE"

I spoke to my stepson yesterday. He told me that he has received notice of his VISA interview along with instruction to have his medical thing done. He is scheduled for interview on 02/04/2008. He told me that he wants to stay in China until June-July to compplete the current semester at the university. I happen to agree with him and told him that I support his decision. However, being the pesemist that I am (because of the crap we went through to get his mother home) I told him that we have to get past his interview first. He's excited about going to his first NASCAR race here in Richmond, Bush Gardens, King's Dominion, Water Country USA, etc...... He says that he wants to see all the pretty ladies that he can see in bikinis :whistling: Of course being the good husband that I am I told him that the prettiest girls in the world are in Guangzhou.......lol What the heck, a little eye candy never hurt anybody!

Edited by dcwfn (see edit history)
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I gotta try my best to make sure he understands me when I tell him to remain calm during his interview. To have everything in his hands ready to give to the interviewer but, not to come accross as having a cocky attitude. More simply put, don't let 'em intimidate him.

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  • 2 weeks later...

Ok, it's the blue slip. On the front it says that further processing is needed. It states that further info can be found on the back of the slip. So........I look on the back and the only box that is checked is the one (at the very top) which says; "Your case requires additional processing". What the hell is that supposed to mean other than they aren't ready to give it to him yet? BTW.....on the front he's listed as an IR-2.

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