USCIS CSC REF

[ChrisA]

Hello All,

 

Even, though I¡¯m a new member, thanks to Steve and Aiwen and their suggestion to join Candles For Love, both have met my Lao Po Lijun in Guangzhou. I have been following VisaPro¡¯s website for some time now, but I have found the information here more relevant to current matters at hand. My Lao Po is a very special woman that has stood by me the whole time and patiently waiting for this time to come.

 

As for the timeline below, some of you may wonder why the long duration between our courtship and marriage proposal, this was due to my pending European divorce which takes longer to finalize in Europe. Therefore, I move back to the USA after ending a 30 year US Government career in October 2005 and started the whole process all over again; my divorce was completed in February 2007.

 

I originally hired an Immigration Attorney to handle the processes, but as you can see, he failed to submitted the I-129F in a timely matter (delayed 36 working day from the date I signed the I-129F until it was submitted, the reason for the delay is still unexplained today), and therefore he has been fired, which created a lot of heartache for the both of us.

 

The reason to use an attorney was due in part to my Lao Po son, who is 20, so I want to made double sure that he could join us here in the USA, we don¡¯t have a lot of time until his 21st birthday, 15 July 2008, so the 36 working day delay has the both of us worried at the moment. We are both hoping that by April or May that we can fulfill our dreams that we both have been waiting so long for.

 

If anyone out there is thinking of using an attorney, don¡¯t use John Lee Carrico is you are in the Western part of the USA. He is very expensive and his service is piss poor.

 

Timeline:

Met: 8 March 2004 via the Internet

1st Visit: 20 January 2005 GUZ

2nd Visit: 6 July 2005 GUZ

3rd Visit: 26 January 2006 GUZ

4th Visit: 5 July 2006 GUZ

5th Visit: 10 March 2007 GUZ

Engaged: 17 March 2007 in GUZ

I-129F: Signed 3 May 2007 in Phoenix, AZ

NOA1: 17 July 2007 (K1 & K2) CSC

RFE: 29 November 2007 (Family Book and Household Register?) My Lao Po has been married 2 times, could be the reason? But this requirement isn¡¯t stated at the USCIS website as documents that need to been submitted; both divorce certificates were submitted with the initial I-129F.

RE-Submission RFE to the CSC: Return Receipt dated 27 December 2007

[Guest Rob & Jin]

Welcome to CFL,

Household registry with i-129f, not heard that before at least for a K-1, K-2 i dont know about.

We did sumbit Jin's with our application, just in case. Looks like we may have been correct to.

Good luck and think pink.

[Randy W]

You have another hurdle to get over with your son (if you're not already aware of it). The current policy of the USCIS is to deny adjustment of status to K-2's who are over the age of 21. So he would need to not only apply for, but also interview for his AOS before July 15. There are cases in the courts challenging that, but you can't count on that policy changing before he would interview. The only thing you can do at this point is to write "Please Expedite - Potential Age-out" on the envelope and the AOS application when you send it in.

 

They basically treat the K-2 as a 90 day visitor's visa if the K-2 reaches his 21st birthday

[Shenzhen K-1]

Hello All,

 

Even, though I¡¯m a new member, thanks to Steve and Aiwen and their suggestion to join Candles For Love, both have met my Lao Po Lijun in Guangzhou. I have been following VisaPro¡¯s website for some time now, but I have found the information here more relevant to current matters at hand. My Lao Po is a very special woman that has stood by me the whole time and patiently waiting for this time to come.

 

As for the timeline below, some of you may wonder why the long duration between our courtship and marriage proposal, this was due to my pending European divorce which takes longer to finalize in Europe. Therefore, I move back to the USA after ending a 30 year US Government career in October 2005 and started the whole process all over again; my divorce was completed in February 2007.

 

I originally hired an Immigration Attorney to handle the processes, but as you can see, he failed to submitted the I-129F in a timely matter (delayed 36 working day from the date I signed the I-129F until it was submitted, the reason for the delay is still unexplained today), and therefore he has been fired, which created a lot of heartache for the both of us.

 

The reason to use an attorney was due in part to my Lao Po son, who is 20, so I want to made double sure that he could join us here in the USA, we don¡¯t have a lot of time until his 21st birthday, 15 July 2008, so the 36 working day delay has the both of us worried at the moment. We are both hoping that by April or May that we can fulfill our dreams that we both have been waiting so long for.

 

If anyone out there is thinking of using an attorney, don¡¯t use John Lee Carrico is you are in the Western part of the USA. He is very expensive and his service is piss poor.

 

Timeline:

Met: 8 March 2004 via the Internet

1st Visit: 20 January 2005 GUZ

2nd Visit: 6 July 2005 GUZ

3rd Visit: 26 January 2006 GUZ

4th Visit: 5 July 2006 GUZ

5th Visit: 10 March 2007 GUZ

Engaged: 17 March 2007 in GUZ

I-129F: Signed 3 May 2007 in Phoenix, AZ

NOA1: 17 July 2007 (K1 & K2) CSC

RFE: 29 November 2007 (Family Book and Household Register?) My Lao Po has been married 2 times, could be the reason? But this requirement isn¡¯t stated at the USCIS website as documents that need to been submitted; both divorce certificates were submitted with the initial I-129F.

RE-Submission RFE to the CSC: Return Receipt dated 27 December 2007

 

Good Luck and welcome also to CFL!!

 

I have never seen anywhere on here that they asked for what you had to send them?? You might be right, it could be because she was married twice?? B)

[MikeandRong]

Never heard of this being asked for too.

 

Important to read Randy's post again and remember it well.

 

One other thing to keep in mind is that when you turn in the requested documents for the RFE, that you must provide the English translation to go with it too (or you will get another RFE).

[chilton747]

 

 

If anyone out there is thinking of using an attorney, don¡¯t use John Lee Carrico is you are in the Western part of the USA. He is very expensive and his service is piss poor.

 

 

John Lee Carrico is absolutely the WORST attorney that lives on the face of this earth. He rippied me off big time with his promises of getting my wife here in 2 months and then denying he ever said it. Buyer beware!!!

 

I wish you much luck in this very slow process.

[Guest Rob & Jin]

If anyone out there is thinking of using an attorney, don¡¯t use John Lee Carrico is you are in the Western part of the USA. He is very expensive and his service is piss poor.

If this guy is as nasty as you are saying, and I do not doubt you, do you think it's a good idea to be naming names on an open public forum?

 

My concern is that doing so might cause some harm to CFL, and maybe come back and bite you in the ass someday.

 

I think its called "slander" and lawyers love it.

[ChrisA]

Hello All,

 

Thanks for all your comments, I won¡¯t say anything more about JLC, he knows it true, just stating the facts.

 

As for the aged-out, if I¡¯m correct, so long as the AOS is submitted and accepted prior to her son birth date, they have to honor this date of submission, I will check into the expedite procedures just to cover all bases.

 

Chris & Lijun

 

 

Timeline:

Met: 8 March 2004 via the Internet

1st Visit: 20 January 2005 GUZ

2nd Visit: 6 July 2005 GUZ

3rd Visit: 26 January 2006 GUZ

4th Visit: 5 July 2006 GUZ

5th Visit: 10 March 2007 GUZ

Engaged: 17 March 2007 in GUZ

I-129F: Signed 3 May 2007 in Phoenix, AZ

NOA1: 17 July 2007 (K1 & K2) CSC

RFE: 29 November 2007 (Family Book and Household Register?) My Lao Po has been married 2 times, could be the reason? But this requirement isn¡¯t stated at the USCIS website as documents that need to been submitted; both divorce certificates were submitted with the initial I-129F.

RE-Submission RFE to the CSC: Return Receipt dated 27 December 2007

Received confirmation from the CSC, via email that they have the documents, dated 2 Jan 08. (60 day wait for their decision)

[Randy W]

 

As for the aged-out, if I¡¯m correct, so long as the AOS is submitted and accepted prior to her son birth date, they have to honor this date of submission, I will check into the expedite procedures just to cover all bases.

 

 

The current policy is that the day he turns 21, he is no longer eligible to adjust status.

 

There are several lawsuits in the courts over this issue.

 

"Honoring the date of submission" (the Child Status Protection Act) only applies to an I-130. If the child was over 18 at the time you get married, you may not file an I-130.

 

 

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[ChrisA]

Hi Randy,

 

Check this link:

www.ilw.com/immigdaily/news/2007,0403-aytes1.pdf

 

This is in reference to K2 AOS.

 

Chris

[ChrisA]

Another link:

 

www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

[Randy W]

Hi Randy,

 

Check this link:

www.ilw.com/immigdaily/news/2007,0403-aytes1.pdf

 

This is in reference to K2 AOS.

 

Chris

 

 

Yes they can adjust status over the age of 18. They seem to be clamping down, however, on those over the age of 21 at the time of the AOS interview.

 

From your link:

Consequently, officers should allow for the adjustment of status of K-2 aliens under the age of 21, provided the requirements for adjustment of status in 245 of the INA are satisfied\

 

You may read the law any way you wish. I'm just trying to tell you how the USCIS currently reads it.

 

"Children over the age of 21 do not adjust status"

[Randy W]

Another link:

 

www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

 

 

Yes they will quote the CSPA to you profusely (as they have to us), in order to point out that it does not apply.

 

It's interesting that they would quote a law that does NOT apply to justify their position, but that's what they're doing with it.

[rogerinca]

Yes, it is true there is no requirement for the Household Reg’ book to be included with a petition; and this is the first RFE, I can recall (here at CFL) for this reason.

 

The negative is, you had to wait over four months after the NOA-1 for the RFE to be dealt.

 

The positive is, you were asked for it now, and not later, via a blue slip at interview. My guess is they just want to cross check the divorce certificates, with the HRB.

 

In this regard, I did have the Household Registry for both Lao Po and my daughter, copied and notarized, and I did include them with my I-129F and both I-130’s. No one advised me to, I just thought it would be a good thing, at the time. I just never mentioned it before.

Edited January 3, 2008 by rogerinca (see edit history)

[Randy W]

This is from the INA (Immigration and Nationality Act) Section 245 as quoted by the AAO (Administrativ Appeals Office - they appealed their own decision just so they could make it a policy)

 

(d) The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216 . The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K) .

They want to (and are) interpret that single word "child" as meaning that the K-2 must be under the age of 21 at the time of adjudication.

 

The other cases may make it easier for you to win yours - I definitely think it's winnable.

Edited January 3, 2008 by Randy W (see edit history)