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K-1 visa/interview questions


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First off, I've decided to fly to GZ when my fiance gets her interview appointment. If being there is what it takes to prove we're serious, then i'm going. I may follow Carls lead I'll make sure Ping has my passport in hand when she faces the V.O. ...as I pace outside like a nervous father-to-be!

 

My fiance is asking if her 16 year old daughter (YUXIN) can come to the U.S.A. at a later date. She wants her daughter to finish the school year. I imagine the daughter must come when the mother does ...am i correct?

 

Also, how long does the my fiance have to make the journey to America .......I believe its 6 months .

 

P.S.,,,In my mind it would not hurt her daughter to pull her out of school before the school year finishes. Afterall, she will probably be placed in a different grade here ....anyone got info on this???

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Being at the interview is a good idea. I wish I would have went. Her daughter can follow later however I think it is much easier if she comes with her mother. They both have 6 months to come. Be aware though that the girls father must sign off on custody if the daughter is to get a visa.

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Alex,

 

I think Carl is right. It will be easiest if the daughter comes with her mother, but in theory, I think she can wait until she is 21 and then follow (with a new application). If she waits, verify that it is 21 and not 18.

 

The K1/K2 visas will be good for 6 months after they are granted, so they can also travel when it is convenient.

 

The two of them could easily wait until June or July before coming. I don't believe that there is any stipulation that the daughter must arrive on the same plane as the mother, and at 16, she should be able to travel alone. I don't know if a late arrival would foul up the AOS. I would assume it would be best for both to be in the USA before filing AOS.

 

One thing to keep in mind. The K1 visa is a single entry visa. It may take up to 6 months before your fiancee will have the ability to return to China.

 

Patrick had a heck of a headache with his wife and stepson. The OF-169 says that the child does not need a passport... WRONG.... GZ apparently does not follow their own instructions, and the child must have a passport. In general, the mother must also have sole custody of the child.

 

Have a wonderful trip to China, and I wish the three of you a successful interview.

----- Clifford -----

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I wanted to add that I had called the DOS today and asked them if language differences are an issue. The girl said yes language is a big issue. This is what made me decide to go to GZ,,

 

Yes , my fiances divorce decree mentiions she has custody of the child...I also have a signed permission from the biological father...this will safeguard us from future charges of international kidnap!

 

 

Carl, did they let you go into the interview with Bing?...Did they ask you to demonstrate your Chinese, or was your being there with all the right documents and your passport enough?

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Sorry if i gave anyone the impression I was going to GZ very soon....my application is still in GZ customs delay, ,,,,but I need to start thinking about what I need....I am going to GZ to rid myself of all the guessing and fear...maybe I'll wear a cowboy hat to really get their attention

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Bing's first interview was April 13 she was denied because the VO thought her english wasn't good enough. She had a video of us talking onYahoo messenger but the VO wouldn't accept it. If I had been there we could have straightened it out right away. Believe me I have beaten myself up over this severely. They checked on the form for me to make a video speaking Chinese for five minutes. I went to China and we made a video speaking English together and turned it in with a letter explaining how we communicate and telling the VO I there. We got the visa. To answer your other questions, no they will not let you in with her for the interview. Give her your passport to take in with her and show them you are there. I advise you make a video together if you are going to China before interview. There is no requirement that you speak each others language you may however have to prove that you can communicate. This can be through pocket translator, charades, pen paper anything to show the relationship works.

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Alex,

 

As usual, most of your questions have been answered before I jump in.

Let me add to what Carl said.

I did'nt immediately get this information of the interview from my wife, but recently learned about some additional conversation she had during her interview.

 

She (my wife) recently told her that there are 3 issues that the VO told her they consider.

 

1. The length of the relationship

2. The number of times you have been to see your fiance / wife

3. And knowing that the fiance / spouse is outside waiting makes a difference to most VO's.

 

I was in GZ about 5 days before the interview and went through the process of paying the visa fee bill, the medical exam, and the interview with my wife.

 

Now as to the child.

I have a 14 year old step son, also in school. He has his own passport, (each child must have one) and K4 visa.

We left China in March, but want JF to come here in June.

 

When we went through immigration, it dawned on me that all of my step -sons documents were in the "mysterious" brown envelope that GZ gives you after the interview.

 

I asked the immigration officer at the POE (point of entry - Los Angeles), how I was going to get him in at a later date. The immigration officer then added a note to my wifes I-94 that the son would be entering the US at a later date.

 

The rest of it, I'll be writing about later. Can I get him out with what I've got? I think so. My wifes divorce document clearly states that she has sole custody over the child. Does he need an exit permit? I don't know, but if I can get that, I will.

 

Finally, by the time you get an interview, her daughter being in school will be a moot point anyway. School is out in China June 2.

If I was doing it again, I would have taken my stepson out early anyway as he could have used the extra time in English tutoring.

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For whatever it's worth ... when I'm at the consulate for my honey's interview, I'll be giving her my passport, my birth certificate, my driver's license, my social security card, my health insurance card, my voter registration card, two credit cards, a blank personal check, and a partridge in a pear tree.

 

Is this overkill? Totally! But I think it not only goes to show that I'm really there (waiting outside for her), but also that I love and trust my fiance with all my heart. I'm thinking all that should score us at least one or two extra points with the VO, maybe.

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Alex,

 

My wife's 15 year-old daughter came as a K-2 follower since she was named on the original petition (I-129F). The K-2 has a year from the issue date to get her visa. After almost a year of the same pain and garbage of my wife's K-1 the daughter finally got the visa four days shy of the year limit. She was denied at her first interview because she did not have a copy of her parents divorce decree nor her father's sign off papers. After she turned in the papers a week later she got the K-2 visa. We escorted her to the US this past February.

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I would strongly suggest that you try to keep as close to the "normal" process as possible. This means fiancee and daughter go to the interview together, fiancee and daughter get their visas at the same time, and fiancee and daughter come to the US at the same time.

 

While there are procedures in place that are supposed to handle deviations from the norm, the chances of a screw-up go up as you move away from SOP.

 

If the daughter cannot travel with your fiancee, the next best thing would be for her to still go to the interview with her mom and get her visa. As others have pointed out, the visa is good for six months. But, as Dean mentioned, the potential screw up is what will happen when she shows up at the US POE without her "sealed brown envelope"? Maybe you can get the consulate to create two separte envelops for your fiancee and daughter.

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I have this question before...but I wonder if K3 is under the same scruinty (sp?) because K3 applicants are married. The part that bothers me the most is the visiting part. I met my wife while living in China. I came home to get a job which hopefully I'll start next month. I don't have the funds to visit her a lot nor the time starting a new job in all. The burdeon of proof should be relaxed for K3 plus people who met their wives while living in CHina.

 

What are your thoughts?

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I totally agree- We are having our K-1 interview on the 19th and I have been living in China for the past three years. There fore we are low on proof- we have pictures- and my passport which shows I have been living here- also we have a newspaper article from Xi'an because they thought it was so strange to see a white girl with a Chinese guy and put us in. But I feel like I have done my time for this- and that the fact that we don't have very many emails and etc. is because I am living in China- but I think the fact that you met her living in China should be enough- how long did you live in China together for? Still though- I would keep her emails and the telephone bills and bring as much as I could to the interview- I plan on being overprepared- we even have the receipt from my engagement ring, a letter from where we booked our wedding and reception, letters we have written over the years, and a book I made when I came back to the US the first time for him to remember me by. From what I have heard on this board I think the language thing is the most important thing. Do you speak Chinese or does she speak English? Though I speak Chinese my fiance's English is tons better and so I think his English will be helpful in the interview.

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I have this question before...but I wonder if K3 is under the same scruinty (sp?) because K3 applicants are married.  The part that bothers me the most is the visiting part.  I met my wife while living in China.  I came home to get a job which hopefully I'll start next month.  I don't have the funds to visit her a lot nor the time starting a new job in all.  The burdeon of proof should be relaxed for K3 plus people who met their wives while living in CHina.

 

What are your thoughts?

Well, I definitly don't disagree. BUT, You are asking GZ to be reasonable. Bwahahahahaha!

Oh, sorry! But that isn't going to happen!

 

Patrick :P

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I have this question before...but I wonder if K3 is under the same scruinty (sp?) because K3 applicants are married.  The part that bothers me the most is the visiting part.  I met my wife while living in China.  I came home to get a job which hopefully I'll start next month.  I don't have the funds to visit her a lot nor the time starting a new job in all.  The burdeon of proof should be relaxed for K3 plus people who met their wives while living in CHina.

 

What are your thoughts?

Well, I definitly don't disagree. BUT, You are asking GZ to be reasonable. Bwahahahahaha!

Oh, sorry! But that isn't going to happen!

 

Patrick :D

Yes, there is a difference between the comittment of a marriage and that of an engagement.

 

Yet, both couples should be able to demonstrate a valid relationship. Telephone calls, E-mail, visits, common interests, etc. There are likely as many "marriages of convenience" with the women coming into the USA married as coming in as a K1. GZ has to identify these "false marriages" and block them without overly burdoning those with "real" relationships.

 

If your relationship is REAL, you should be ok.

 

----- Clifford -----

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I don't think that being married is any less of an indicater of possible visa fraud. Many marriages have been of convienience for a green card. I doubt K-3 is scrutenized any less than K-1 nor should it be.

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