reaffirmation of i130 and the interview

[boo927 0]

my k3 visa for my wife was denied in 09 . the questions she was asked at the interview were bent and the interviewer assumed way to much. we were denied. i sent everything again under an appeal and

in march of 2010 uscis reaffirmed our 130 and sent it back to nvc. we have a new interview comming.

my questions are many if any one knows please let me know?

on the reafirmation is all the paperwork still good?

do i pay new fees?

How can i coach her for the next interview?

need the help

Edited May 13, 2010 by boo927

[Darnell 8,478]

which visa type is she interviewing for?

K-3

or

IR-1/CR-1 ??

What fees, if any, have you already paid for at NVC for that I-130 ?

What is the current 'casefile status' ?

Edited May 13, 2010 by Darnell

[pushbrk 12,106]

which visa type is she interviewing for?

K-3

or

IR-1/CR-1 ??

A reaffirmed I-130 would result in a CR1 interview. The visa fee is already paid. Prepare for the interview by making certain she's prepared to answer questions about your life, relationship, family, and job. Pay special attention to covering issues that caused the problem to begin with. Provide current evidence of a bona fide ongoing relationship.

[Darnell 8,478]

IMO - you'll have to pay new fees in China IF this is a re-affirmed K-3 visa -

but if it's the I-130 petition for CR-1/IR-1 visa, then mostly, no

regardless - you'll need to have her get a new police clearance certificate, and maybe a new medical exam (both have 1 year span, from issuance date).

so - exactly which visa type will she be interviewing (for) ??

Edited May 13, 2010 by Darnell

[Darnell 8,478]

Can you fill in yer timeline, over at http://www.visajourney.com/timeline/profile.php?id=85310 ?? Helps us help you with the answers you seek!

[boo927 0]

which visa type is she interviewing for?

K-3

or

IR-1/CR-1 ??

What fees, if any, have you already paid for at NVC for that I-130 ?

What is the current 'casefile status' ?

i belive its actually cr1

ive paid all fees that were due in 09 when we were denied, mainly because she spoke only chinese but was told by the interviewer it was ok then he faulted her for it saying she couldnt speak english untrue

she was asked about the wedding large or small was family only she wanted it that way but the interviewer assumed no wedding dinner untrue

i appealed sent all pics i thought shed have all paper work and he ignored everything he the interviewer they claimed we didnt have a legit marriage untrue again

last month the uscis overturned the revocation sent it back to state dept and im waiting to get the interview date most likely several months want to prep her

she talked to a lawyer and he said the paper is a year old and would need to be done again i talked to my state rep and he says no its all ok

looking to get some kind of answers because it was sent back by uscis was told again i didnt have to repay fees but i cant trust many in this

again all fees were paid for the first interview was sent back i appealed they agreed sent it back to state dept and we are waiting for paperwork from them

will look at the other sites you gave me, oh i am in china now living with her planned on teaching english 5 days after landing here they the uscis tell me i must file appeal they said not 1 month before i left it would be another year who knew

[Darnell 8,478]

ok - if USCIS re-affirmed the K-3, then it's the K-3 that will be 'interviewed for' at GUZ.

IMO - the only way to have CR-1 interview, is to handle paperwork processing at NVC on the I-130 petition - you'd be prepping and sending an I-864 and the DS-230, into NVC, with additional payments to NVC (70 and 400). And, IMO - you'd absolutely KNOW if you paid those fees, submitted those documents, or not. A K-3 visa does not handle this paperwork processing at NVC, at all.

Now, indeed, if it IS the CR-1 visa and NOT a K-3 -

then that's a different thing, absolutely.

I'm still not convinced you know what you have. I don't say that to be mean or rude, but ya really need to find out exactly WHAT was re-affirmed, and WHAT she's going to be interviewed for, in GUZ IV unit.

re: the language usage, ability to communicate (between you two) - GUZ dings folk on this many times - IMO, the way to make this a 'non-issue' - is to cover 'communication ability' in a paragraph in a new Evolution of Relationship (EOR) letter. She can present the EOR to the ConOff on Interview Day. MANY USC ppl get the EOR notarized at Guangzhou during ACS (American Citizen Services) appointment, prior to interview day.

also in the EOR, mention the wedding party - devote at least 5 sentences to that.

she talked to a lawyer and he said the paper is a year old and would need to be done what paper? there are many sets of paper for a petition and visa application - exactly 'which' paper was he referring to? The police clearance certificate only has a 1 year 'validity' from issuance date, as well as the medical exam. So when you compare 'issuance date' to 'new interview date' - if it's been more than 1 year , she'll need to get new police clearance certificate and a new medical exam.

There are specific time ticks to 'filing an appeal' - but if you are certain the petition was 're-affirmed' at USCIS, then it's coming back to GUZ IV at some point - expect a 2 to 5 month wait AFTER it leaves the desk of a USCIS adjudication officer in the USA, until GUZ IV unit receives it - then another 1 to 3 months before a new interview date is assigned.

If the petition has NOT been 're-affirmed' yet - but you have notice that it's 'under review' - that's something else. IF the USCIS adjudicator requires more information during the review, you'll receive a notice about that, as well (who's monitoring yer postal mail? make sure they open stuff, scan the postal letters on a computer, email the images to you).

Usually you can get status on that casefile by calling the DOS hotline (number in my profile) and talking to a human. They should know :

1. if the casefile was re-affirmed

2. any status on shipping to guangzhou IV unit

3. when the casefile is opened in Guangzhou at the IV unit.

---

re: new paperwork. I THINK she'll have to fill out new paperwork, IF this a K-3 visa, to submit into GUZ IV - I could be wrong on this one point, though. IF INDEED this is a K-3 - review http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm specifically K Visa Instruction Packet (“Packet 3”) section and K-3/K-4 Appointment Packet (“Packet 4”) section.

---

at some point, the casefile will be opened at GUZ IV unit, and yer wife will be sent 'SOMETHING' outlining what her next step is. The DOS hotline will know some status on this sending, as well.

I'm sorry, I'm still grasping at straws here - I hope you can clarify exactly what visa type it is.

ve paid all fees that were due in 09 when we were denied - pardon - to WHOM? WHERE? and FOR WHAT? I must assume I-130 petition submittal fee of 355, but make no other assumptions until you can list them. **edit** OK - I've reviewed yer timeline - fees in 2009 would have been at the Consulate, and not at NVC - so I must assume this is K-3 visa.

last month the uscis overturned the revocation sent it back to state dept - ok - so at least it was 're-affirmed' - and IIRC, State Department = National Visa Center. NVC Might Know some status on the casefile, as well , at least for 'when they shipped it off to GUZ' Suggest a phone call into NVC - they are open from 7:30 AM till midnight, Monday-Friday - you'll need to wade through the voice prompts, and Get a Human. IF I'M WRONG about NVC, that's OK - DOS, instead, will know status on the casefile.

Thanks for filling in yer timeline, but I am confused.

You've a 'P3 date' in there, that usually is a document packet sent from GUZ IV UNIT for a K-3 visa, but you've also got a longish gap in dates for NVC activity, leading me to believe you MIGHT have handled the I-864 and DS-230 @ NVC, for a CR-1 visa.

IF you did both, and IF the K-3 and CR-1 were 'married' or 'joined together' at Guangzhou IV unit (they do this sometimes, pushing for the CR-1 visa interview) then I think I can understand my confusion, a bit. Still would like some confirmation on exactly which casefile (K3 or CR-1) was 're-affirmed' at USCIS, though.

Whew! my fingertips are sore, brain is muddled. IF you'd like a professional review on yer casefile, I highly recommend that you contact Marc Ellis, and pay for a few hours of billable time for some consult - he's an Immigration Attny handling casefiles in China and Vietnam, and comes highly recommended - you can get his contact info when ya google 'Marc Ellis Immigration'. He doesn't need to 'take over yer casefile' or 'represent you' at all , IMO, but he'd be best for a sanity check, a 'review of all', to help prep you and her for the interview.

Edited May 14, 2010 by Darnell

[boo927 0]

ok - if USCIS re-affirmed the K-3, then it's the K-3 that will be 'interviewed for' at GUZ.

IMO - the only way to have CR-1 interview, is to handle paperwork processing at NVC on the I-130 petition - you'd be prepping and sending an I-864 and the DS-230, into NVC, with additional payments to NVC (70 and 400). And, IMO - you'd absolutely KNOW if you paid those fees, submitted those documents, or not. A K-3 visa does not handle this paperwork processing at NVC, at all.

Now, indeed, if it IS the CR-1 visa and NOT a K-3 -

then that's a different thing, absolutely.

I'm still not convinced you know what you have. I don't say that to be mean or rude, but ya really need to find out exactly WHAT was re-affirmed, and WHAT she's going to be interviewed for, in GUZ IV unit.

re: the language usage, ability to communicate (between you two) - GUZ dings folk on this many times - IMO, the way to make this a 'non-issue' - is to cover 'communication ability' in a paragraph in a new Evolution of Relationship (EOR) letter. She can present the EOR to the ConOff on Interview Day. MANY USC ppl get the EOR notarized at Guangzhou during ACS (American Citizen Services) appointment, prior to interview day.

also in the EOR, mention the wedding party - devote at least 5 sentences to that.

she talked to a lawyer and he said the paper is a year old and would need to be done what paper? there are many sets of paper for a petition and visa application - exactly 'which' paper was he referring to? The police clearance certificate only has a 1 year 'validity' from issuance date, as well as the medical exam. So when you compare 'issuance date' to 'new interview date' - if it's been more than 1 year , she'll need to get new police clearance certificate and a new medical exam.

There are specific time ticks to 'filing an appeal' - but if you are certain the petition was 're-affirmed' at USCIS, then it's coming back to GUZ IV at some point - expect a 2 to 5 month wait AFTER it leaves the desk of a USCIS adjudication officer in the USA, until GUZ IV unit receives it - then another 1 to 3 months before a new interview date is assigned.

If the petition has NOT been 're-affirmed' yet - but you have notice that it's 'under review' - that's something else. IF the USCIS adjudicator requires more information during the review, you'll receive a notice about that, as well (who's monitoring yer postal mail? make sure they open stuff, scan the postal letters on a computer, email the images to you).

Usually you can get status on that casefile by calling the DOS hotline (number in my profile) and talking to a human. They should know :

1. if the casefile was re-affirmed

2. any status on shipping to guangzhou IV unit

3. when the casefile is opened in Guangzhou at the IV unit.

---

re: new paperwork. I THINK she'll have to fill out new paperwork, IF this a K-3 visa, to submit into GUZ IV - I could be wrong on this one point, though. IF INDEED this is a K-3 - review http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm specifically K Visa Instruction Packet (“Packet 3”) section and K-3/K-4 Appointment Packet (“Packet 4”) section.

---

at some point, the casefile will be opened at GUZ IV unit, and yer wife will be sent 'SOMETHING' outlining what her next step is. The DOS hotline will know some status on this sending, as well.

I'm sorry, I'm still grasping at straws here - I hope you can clarify exactly what visa type it is.

ve paid all fees that were due in 09 when we were denied - pardon - to WHOM? WHERE? and FOR WHAT? I must assume I-130 petition submittal fee of 355, but make no other assumptions until you can list them. **edit** OK - I've reviewed yer timeline - fees in 2009 would have been at the Consulate, and not at NVC - so I must assume this is K-3 visa.

last month the uscis overturned the revocation sent it back to state dept - ok - so at least it was 're-affirmed' - and IIRC, State Department = National Visa Center. NVC Might Know some status on the casefile, as well , at least for 'when they shipped it off to GUZ' Suggest a phone call into NVC - they are open from 7:30 AM till midnight, Monday-Friday - you'll need to wade through the voice prompts, and Get a Human. IF I'M WRONG about NVC, that's OK - DOS, instead, will know status on the casefile.

Thanks for filling in yer timeline, but I am confused.

You've a 'P3 date' in there, that usually is a document packet sent from GUZ IV UNIT for a K-3 visa, but you've also got a longish gap in dates for NVC activity, leading me to believe you MIGHT have handled the I-864 and DS-230 @ NVC, for a CR-1 visa.

IF you did both, and IF the K-3 and CR-1 were 'married' or 'joined together' at Guangzhou IV unit (they do this sometimes, pushing for the CR-1 visa interview) then I think I can understand my confusion, a bit. Still would like some confirmation on exactly which casefile (K3 or CR-1) was 're-affirmed' at USCIS, though.

Whew! my fingertips are sore, brain is muddled. IF you'd like a professional review on yer casefile, I highly recommend that you contact Marc Ellis, and pay for a few hours of billable time for some consult - he's an Immigration Attny handling casefiles in China and Vietnam, and comes highly recommended - you can get his contact info when ya google 'Marc Ellis Immigration'. He doesn't need to 'take over yer casefile' or 'represent you' at all , IMO, but he'd be best for a sanity check, a 'review of all', to help prep you and her for the interview.

i dont know who you are but i owe you dinner

to help clear things i was offered a choice kinda about 5 months before the interview k3/ cr1 i chose

the cr1

may 8 2010 i recieved an email from uscis stateing a current status of reaffirming the approval of this case.

the application type is I130 it has gone not to nvc but to the state dept. all info i need is comming a letter that i have not recieved yet. any time i contact nvc they say contact uscis and they say go to state dept.

so with a confident yes i am doing a cr1

i have said before my problem is i am in china i am living with my wife studing for a tefl so i can work here till a visa comes through. i have applied for a residence here we purchased a condo together 1 of 2 she owns my name is on the titleas her is on mine, but all my direct info to the case is there i have things she does not and my son was involved in an accident and have lost contact with him there for 3 weeks things are not excat but my time line is close so ill take what you say about the cr1 to heart and go from there. im still waiting for the letter from uscis and need to see what that says

the interview questions and having pics there etc is billant and i intend to coach her in that direction.

all fees were paid there was nothing missing in fees or paperwork it eas denied because she answered wrong and the interviewer made his assumptions with out really listening she was told its ok to speak chinese and as i said faulted her for it it was sent back for revocation but its been overturned due to me comming here and doing the paperwork and sending it in to uscis again

[Darnell 8,478]

alrighty. A CR-1. Got It.

re: fees at Consulate -NO, except for 'visa packet mailing'

re: fees prior to interview day - if documents have 'aged out', need new ones--

--police certificate

--medical exam

don't get new documents now - get them when you have appointment letter in your hands.

PREP that EOR whilst yer waiting .... IMO, living with her in China solidifies the bonafides of your marriage, be sure to cover that in yer EOR.

current prediction - GUZ receive casefile around October, 2010, with interview in November or December. Probable slippage if DOS expedites the shipping in any way.

*** moving to IR-1 / CR-1 Spouse Visa Process & Procedures forum ***

------

keywords: re-affirmed China Guangzhou I-130

Edited May 14, 2010 by Darnell

[boo927 0]

i dont know who you are but i owe you dinner

to help clear things i was offered a choice kinda about 5 months before the interview k3/ cr1 i chose

the cr1

may 8 2010 i recieved an email from uscis stateing a current status of reaffirming the approval of this case.

the application type is I130 it has gone not to nvc but to the state dept. all info i need is comming a letter that i have not recieved yet. any time i contact nvc they say contact uscis and they say go to state dept.

so with a confident yes i am doing a cr1

i have said before my problem is i am in china i am living with my wife studing for a tefl so i can work here till a visa comes through. i have applied for a residence here we purchased a condo together 1 of 2 she owns my name is on the titleas her is on mine, but all my direct info to the case is there i have things she does not and my son was involved in an accident and have lost contact with him there for 3 weeks things are not excat but my time line is close so ill take what you say about the cr1 to heart and go from there. im still waiting for the letter from uscis and need to see what that says

the interview questions and having pics there etc is billant and i intend to coach her in that direction.

all fees were paid there was nothing missing in fees or paperwork it eas denied because she answered wrong and the interviewer made his assumptions with out really listening she was told its ok to speak chinese and as i said faulted her for it it was sent back for revocation but its been overturned due to me comming here and doing the paperwork and sending it in to uscis again

i paid 400 and 70 in fees to nvc for the visa so again its cr1

her lawyer is stateing that my paperwork for ability of support will need to be redone with 09 tax return of my self and my sponcer. we know (my wife and i) that her med and police will need to be redone again. but this lawyer wants all this paperwork done again and if guz and nvc are accepting the paperwork as is now why pay someone to redo it for no reason. he also seeks to collect the fees so he can process them for her, i remember reading that if it was reaffirmed i would have to pay, so whats with this guy i know lawyers only want the money but man, ok not all lawyers.

[Darnell 8,478]

ah - totally forgot about the I-864 my bad - sorry.

Ya, it's been a year, since the last time. You'll need a new I-864. Wait for that letter - it will tell you if you need to submit one INTO NVC, but my best guess (for now) is that you'll submit the new I-864 ON INTERVIEW DAY.

no fees if submitted to GUZ, 70 bucks if submitted to NVC. I'm betting it'll be submitted to GUZ.

I know it's a long frickin form, but you can take the last one, transpose most of that info yerself, with the new TY 2009 data and tax return - IMO - no lawyer needed. Save those monies, buy me 3 dozen jiaozi and a case of Pearl River Beer, instead and buy yerself something nice with whats left over

[boo927 0]

alrighty. A CR-1. Got It.

re: fees at Consulate -NO, except for 'visa packet mailing'

re: fees prior to interview day - if documents have 'aged out', need new ones--

--police certificate

--medical exam

don't get new documents now - get them when you have appointment letter in your hands.

PREP that EOR whilst yer waiting .... IMO, living with her in China solidifies the bonafides of your marriage, be sure to cover that in yer EOR.

current prediction - GUZ receive casefile around October, 2010, with interview in November or December. Probable slippage if DOS expedites the shipping in any way.

*** moving to IR-1 / CR-1 Spouse Visa Process & Procedures forum ***

------

keywords: re-affirmed China Guangzhou I-130

the eor i sent to uscis 4/21 2010 i stated all you said and i know it helped reaff i went to guz and had them notoize it the interviewer will have this copy or do you say do another and notoize it again?

[Darnell 8,478]

ah - the EOR is a 'living document' - you add things to it as the calendar moves, as more events occur.

It stops being 'current' the day before the interview, IMO.

The next time you need to present it, will be on Interview Day -

so - keep working on it, off in the background..

Edited May 14, 2010 by Darnell

[boo927 0]

ah - totally forgot about the I-864 my bad - sorry.

Ya, it's been a year, since the last time. You'll need a new I-864. Wait for that letter - it will tell you if you need to submit one INTO NVC, but my best guess (for now) is that you'll submit the new I-864 ON INTERVIEW DAY.

no fees if submitted to GUZ, 70 bucks if submitted to NVC. I'm betting it'll be submitted to GUZ.

I know it's a long frickin form, but you can take the last one, transpose most of that info yerself, with the new TY 2009 data and tax return - IMO - no lawyer needed. Save those monies, buy me 3 dozen jiaozi and a case of Pearl River Beer, instead and buy yerself something nice with whats left over

what about my cosponcer will she have to redo i-864 as well

[boo927 0]

ah - the EOR is a 'living document' - you add things to it as the calendar moves, as more events occur.

It stops being 'current' the day before the interview, IMO.

The next time you need to present it, will be on Interview Day -

so - keep working on it, off in the background..

does my cosponcer have to redo the i864 as well?????