Timing a blue slip response on a time-based issue

[Lee VD]

I have been trying to think the best way to approach our likely blue result with respect the fulfilling the J1 2yr HRR.

It is almost certain that at the interview on 7/21 she will be given a blue slip requesting that she respond back with proof that she has fulfilled her 2yr HRR. Including all her U.S. visits and her last expected visit in early August we have calculated that she will have completed her sentence on Nov. 9th. We are hoping to at least get married by the end of the year (for tax reasons ) but of course we want to be together as soon as possible.

Given that it appears that getting a call back letter from a blue slip response appears to take 4-6 weeks, what would be the best way to try and do something so that she can be called back on or soon after Nov. 9th?

Is the delay because your response sits in the "Inbox" for a few weeks before it is processed? If so, then would it make sense to send in our documentation of proof that she is fulfilled as of Nov. 9th a couple weeks prior to that date so that by the time they pick it out of the box its after Nov. 9th?

Is it possible to get a call back notice that says "you may appear on or after <date>"? Is it possible to get a visa post dated to be effective on <date>?

My other thought is in addition to sending the response a couple weeks prior, send a duplicate response a couple days before Nov. 9th in case they do pick up the first one right away and reject it since they received it before that date. Then they get the duplicate response on or after Nov. 9th anyway.

Any other ideas? Any other blue issues that are just time based and how to handle them?

Lee

[dnoblett]

Did you try for a NOS waiver? No Objection Waiver.

 

http://www.hooyou.com/j-1/j1_noobjection.html

 

But it is anyone's guess.

 

Looking at your signature, if it were my case I would have married over there and filed for a spousal visa, lower cost (K-1 $1800+ vs CR-1 $800) and the tax reasons you cited.

Edited June 18, 2010 by dnoblett (see edit history)

[Randy W]

The waiver won't be issued - the J1 is a hard and fast commitment, including with regard to a family visa.

 

Why would you not simply work with them?

 

Send them an email BEFORE the interview TELLING them of your situation, AND the date the commitment is over. Have her do the same at the interview.

 

Better yet, go to ACS yourself.

 

Read jim_julian's case. His daughter was in a situation where she needed her father's permission to leave the country. He wouldn't give it without a large bribe. He asked the consulate to simply DELAY issuance of the visa until she could turn 18 and no longer need his permission.

 

This blue slip doesn't need any processing. They can issue one simply to delay visa issuance to a specific date.

 

Edit: Doug SheLikesME? has a step-daughter who had to have her visa delayed so that she could finish school in China - no problem, including getting a visitor's visa for a short visit during a school break.

 

You don't need to try to second-guess their operation.

Edited June 18, 2010 by Randy W (see edit history)

[Lee VD]

The no objection waiver would not gonna happen. Her stay in the U.S. was paid for by the Chinese government. They are going to object. I have heard that at BEST they will ask you to reimburse the government for her stay ( on the order of $10,000-$20,000) and THEN MAYBE you will get the no objection waiver within 2 years

 

We decided to go the more expensive route for two reasons:

 

1) In the case of a visa rejection we have a chance to marry and resubmit.

 

2) We wanted more time to get to know each other and make sure it is right yet be able to start the process so that a year later when we know we are truly ready, the process is near completion.

 

A somewhat crazy but viable idea is to abandon the K-1, marry, and do a K-3. She still has a valid B visa which she could possibly renew and come to the U.S. to visit while the K3 is in process and return to interview. There would be issues around POE and her reasons for visiting the U.S. but if we are married already may not be a problem. Her B visa expires in September so we are thinking to go ahead and try and renew it just in case (she is eligible for the express renewal like she did last year). There is the risk they will deny it with the K1 well into the hopper, but may be worth a try as a backup.

 

I'm considering that fall back if we are really delayed by December. But we will probably be in an "any day" mode but who knows how long the CCP waiver and blue slip response will really take.

 

Will know more after the interview and I am preparing her the questions to ask around this, but this is 95% the likely outcome (blue for CCP and 2yr HRR). I have instructed her to honestly circle the dreaded "YES" around the reasons for ineligibility.

Edited June 18, 2010 by Lee VD (see edit history)

[Lee VD]

Send them an email BEFORE the interview TELLING them of your situation, AND the date the commitment is over. Have her do the same at the interview.

 

The latter yes. There have been cases in other countries where they overlooked or simply blew off the last couple months and let them go. Her J1 expiry date is 7/31/08, just 10 days from 2 years of the date of the interview. A careless VO may let that go and not take into account the actual date of return from the U.S. (8/20/08) and the numerous visits. We are hoping for an overlook but she is circling the YES where it asks as one of the ineligible conditions "not yet fulfilled 2yr HRR". So she is effectively telling her at the interview and will discuss it with her then. I have explained to her to try and see what the process could be to just have the visa postponed.

 

I think one of the problems is the date isn't truly fixed. If she leaves the country between interview and that end date, it changes the date. Hence, I have read that the typical response to this (from VJ) is a blue slip with the note to submit proof of fulfilling the 2yr HRR when it occurs. Hence showing passport stamps proving stay in the country for 730 days. I hope you are right though....

 

This blue slip doesn't need any processing. They can issue one simply to delay visa issuance to a specific date.

 

So how does that work? Do they issue a blue slip to say come back on X-date? Can she just come in after she is eligible, or does she need to have a call back letter to come in? I'll check into those cases you pointed out...

 

Also, Shanghai is mail-back eligible. Does she even have to appear in person again at all or just send in her passport, they can see the eligibility and stick a visa in it? That would be the easy way!

[Randy W]

Send them an email BEFORE the interview TELLING them of your situation, AND the date the commitment is over. Have her do the same at the interview.

 

The latter yes. There have been cases in other countries where they overlooked or simply blew off the last couple months and let them go. Her J1 expiry date is 7/31/08, just 10 days from 2 years of the date of the interview. A careless VO may let that go and not take into account the actual date of return from the U.S. (8/20/08) and the numerous visits. We are hoping for an overlook but she is circling the YES where it asks as one of the ineligible conditions "not yet fulfilled 2yr HRR". So she is effectively telling her at the interview and will discuss it with her then. I have explained to her to try and see what the process could be to just have the visa postponed.

 

I think one of the problems is the date isn't truly fixed. If she leaves the country between interview and that end date, it changes the date. Hence, I have read that the typical response to this (from VJ) is a blue slip with the note to submit proof of fulfilling the 2yr HRR when it occurs. Hence showing passport stamps proving stay in the country for 730 days. I hope you are right though....

 

This blue slip doesn't need any processing. They can issue one simply to delay visa issuance to a specific date.

 

So how does that work? Do they issue a blue slip to say come back on X-date? Can she just come in after she is eligible, or does she need to have a call back letter to come in? I'll check into those cases you pointed out...

 

Also, Shanghai is mail-back eligible. Does she even have to appear in person again at all or just send in her passport, they can see the eligibility and stick a visa in it? That would be the easy way!

 

 

Shift gears here - work with THEM, not us. They will tell her exactly what she needs to do. A Chinese citizen can make an ACS appointment, or perhaps the blue slip can be used. Jim's posts may provide some specific details there.

 

Keep it simple.

[dnoblett]

The no objection waiver would not gonna happen. Her stay in the U.S. was paid for by the Chinese government. They are going to object. I have heard that at BEST they will ask you to reimburse the government for her stay ( on the order of $10,000-$20,000) and THEN MAYBE you will get the no objection waiver within 2 years

 

We decided to go the more expensive route for two reasons:

 

1) In the case of a visa rejection we have a chance to marry and resubmit.

 

2) We wanted more time to get to know each other and make sure it is right yet be able to start the process so that a year later when we know we are truly ready, the process is near completion.

 

A somewhat crazy but viable idea is to abandon the K-1, marry, and do a K-3. She still has a valid B visa which she could possibly renew and come to the U.S. to visit while the K3 is in process and return to interview. There would be issues around POE and her reasons for visiting the U.S. but if we are married already may not be a problem. Her B visa expires in September so we are thinking to go ahead and try and renew it just in case (she is eligible for the express renewal like she did last year). There is the risk they will deny it with the K1 well into the hopper, but may be worth a try as a backup.

 

I'm considering that fall back if we are really delayed by December. But we will probably be in an "any day" mode but who knows how long the CCP waiver and blue slip response will really take.

 

Will know more after the interview and I am preparing her the questions to ask around this, but this is 95% the likely outcome (blue for CCP and 2yr HRR). I have instructed her to honestly circle the dreaded "YES" around the reasons for ineligibility.

One note, if you have been reading, the K-3 has become a non-visa. NVC started administratively closing K-3 petitions when USCIS approves both I-130 AND I-129F for K-3 on same day, which has been the case for some time now. The K-3 was developed for one reason, to allow a spouse to enter the USA and WAIT for I-130 approval, but since I-129F AND I-130 are approved at same, this defeats the reason for the K-3, "WAITING for I-130 approval". K-3 was developed at a time when USCIS was taking a LONG time to approve I-130.

 

MORE on K-3 here: http://candleforlove.com/forums/index.php?showtopic=41574

[Lee VD]

Thanks for the advice. We will see what happens on 7/21 but will be sure to ask if there is a way she can just walk-in when the time is right (if the blue slip is appropriately notated or other means). That would be ideal!