Simeon

What did the second RFE ask for?

Sheesh, I did not even know I could get a Chinese visa as long as 2 years. I was stupidly getting 6 month, then one year visas during my wait the last three years. So it is called a "family" visa, not a tourist visa?

And the invitation letter - can it be from my wife in China or does it have to be somebody else? It seems silly to request a letter from one's spouse.

It's a 1 year that is extended another year. Family Visit Visa, I think is the official name. I believe it's still a category L visa, and in some cases, they call it a residence permit, depending on your duration of stay. I have yet to apply for it myself (was going to, but the company got me a business visa).

Fortunately this seems moot now. Just got the request for her passport and medical and police clearances, and I am trying to figure out the extremely complicated submission instructions.

Great news! It shouldn't be too much longer now (maybe 2-3 months after you submit it). Are you EP?

The NVC phone operators say they don't know anything about EP (Supervisors too) .

That's strange. When I called Don (tier 1), he practically asked to sign me up with EP. He also noted that they would be changing the name to something else in the future.

Does the fact that my wife is a Chinese National help me in this case? I thought I read some time ago to submit a copy of our marriage license and pages of her passport when applying for a Chinese Visa. Does that help at all? If I can get one for a year or longer, that would be great.

Your Chinese wife definitely helps your case. You can apply for a family visa that gives you 60 days per entry and 2 years validity. They do need a copy of your wife's shen fen zheng, plus the usual paperwork. I'm not sure about the invitation letter, but if it's required, then it should include information about your visit (ie. purpose, inteded arrival, places you'll go, times you'll be at those places, relationships, financial means).

Me and my wife was thinking. Would it be faster if we got a lawyer? Or could we do it alone with out a lawyer? Sent we are marry in Cebu. Would that make things easier for us?

Lawyers only really help when expertise is needed in special cases, like your spouse has a criminal history or was a former member of the communist party. The EP process has especially made it easy for individuals to file for themselves without the help of a lawyer.

_{No waiver should be required for past CCP.,But you will be put in to AP.This is automatic.As they will have to do additional background name check on her...}

Denied k-1 for past CCP?

They did deny her past K-1 because of the CCP issue. (see http://www.inadmissibility.com/info/212a3D.html) They asked us if we had a qualifying relationship that might excuse her from the inadmissibility (ie. INA212(a)(3)(d)(iv)). I told them we hadn't married yet, so no. The consulate recommended that we get married and apply for the CR-1. So, it sounds like we get an extra several months in AP automatically for the CCP background check?

My Chinese wife and I are applying for the CR-1 visa. I just got my case number. If my wife was a China Communist Party (CCP) member, but quit 3 years ago, should I frontload an I-601 waiver with my other NVC forms? Submit the I-601 later and when? Or just not submit it at all? Also, my wife was denied a K-1 visa for being a CCP member, but USCIS basically told us to get married and do the CR-1. What to do?

• What can I expect to happen in a couple of months now that I received my i-797?
• Without the typical wedding pictures as proof, is that an automatic fail? We do not like to take pictures, but we got some intimate pictures and when I'm in the US we FaceBook message all the time
• Do I have to be at the consulate for the interview with my spouse? The way it looks like now, the Air Force doesn't let student take a break from training because if I miss any part of training I will have to start over therefore wasting the taxpayers money.
• And lastly, can my mom really sabotage us?

Welcome to VJ! I would start reading through the copious amount of material on VJ. Such as processing times and CR-1 guides. Did you happen to do Direct Consular Filing (DCF)? Or did you file from the US? Not sure if your training is in VN or the US?

i understand and you are right. does anyone have any thoughts on what my options are, upon denial? any thoughts on what they will do? i had no idea this would ever come up here and i certainly would never hide this from my fiancee. and i do feel very bad that she may look like a liar when she did nothing wrong at all. i feel like i died tonight.

Terrible situation. Sorry to hear that. It's not the end of the world. You were just negligent about your past since it was 14 years ago, but remember that the government has done their homework on you. Here's what I would do if I were you:

1) come clean with your fiancee about everything, answer any questions she might have, apologize as many times as necessary, and patch up your relationship. I would feel upset and hurt by your actions, even if they were unintentional, if I were her.

2) although the lie was not intentional, your fiancee did not tell the truth in an interview with a consular officer, and now you need to explain that to the government. Chalk it up to underestimating them, and do better in anticipating their questions in a future interview. They will likely issue you an RFE, so be prepared for it... not a denial, only a delay. Give them what they want, and prepare for the next interview, this time, better equipped.

I believe there should be some posts on what the interview questions are, but I can't search for it at the moment (Google is blocked in China because of the big T incident). Use it to prepare for the possible questions, especially regarding your history, criminal and non-criminal.

Good luck! Keep plugging away at it, and the visa will be here before you know it.

You picked a nice place to live. It's so beautiful there.

I would only provide a few pictures from each category within the last 2 years showing:

• you together with your significant other
• you two with family
• you two with mutual friends

...and provide the names of all of them, as well as dates. Also, provide your travel documents. I submitted reams of Skype chat logs for my K-1 evidence, and I think it actually delayed my case.

What kind of help can they give with CCP issues? I was under the understanding that the embassy goes through its processes and background checks, and there is nothing to do to speed up this often lengthy process. Am I wrong or missing something?

Well, knowing that there is an issue with the CCP status in the first place would've helped us a lot. (What I wouldn't give to go back in time...) You can prepare a better strategy, if you know the rules of the game. Sometimes, that takes someone with more experience in complicated cases.

As for the processes and background checks, you're stuck with the consulate's indefinite response of "wait". They have ultimate power. I went as far as to meet the Chengdu Consul General in person in Sichuan province to see if he could help (we were connected by another friend of mine, a former consul general of another country). He could not for GZ. I read somewhere that the US Consulate has been sued for taking too long (e.g. 2 years) and the plaintiff lost the case. I'd Google it, but because of the big T incident, the Great Firewall is blocking all search. So, don't hold your breath: the consulate doesn't care if your case sits on a dusty shelf for years. Don't depend on them to just tell you what's wrong with your case. They won't.

What can an immigration attorney really do in this case, other than charge exorbitant fees?

Lawyers can do a lot, actually. But they are only necessary when:

* the case process is complicated (e.g. my wife's issue with the communist party status)

* your case is "stuck" (e.g. my friend paid a lawyer $10K to move his wife's case past a difficulty with a criminal history)

* a case is stalled for an unknown reason (and the lawyer's experience can help elucidate that reason)

You don't need a retainer, just a consultation. Not all fees are exorbitant, although some are. You just need to look. Of course, the choice is yours.

By the way, was your attorney a US or Chinese lawyer? What are the benefits and downsides to each?

I'm not sure what you mean by Chinese lawyer. You would need a lawyer familiar with US law, as lawyers practicing Chinese law have no experience with the US immigration system.

Just called in to the NVC, and they gave me my case number and IIN in (just) 24 days!

Gus, the rep that took my call, told me the NVC made some changes within the last few days:

• EP (Electronic Processing) is changing to another name, but he did not have the official wording yet. Gus also mentioned that none of the reps are so new that they will not know that they are the same thing

• EP is definitely the way to go, as communications with EP take 3-5 working days and snail mail takes 10-20 working days!
• When an appointment needs to be scheduled, the NVC will schedule the appointment rather than the consulate office (e.g. China for GUZ) in the EP flow. Gus would not promise that this would be faster than the consulate (of course)
• China applicants are also eligible for EP. I believe it has been mentioned before in the wiki that "For China/GUZ applicants: DO NOT ATTEMPT TO OPTIN PRIOR TO RECEIVING THE DS-3032 EMAIL FROM NVC. DOING SO WILL CAUSE A SEVERE DELAY."

She's a lot like my wife. Fortunately, there's a lot you can do to help her by taking her mind off of the visa process. A bit of an emotional bait-and-switch, if you will. How about a list of ideas? I'm sure at least one of them will be useful to you:

• Think of it like an extended business trip (it will be over soon)
• Make plans to visit every month or two (you'll be so busy planning for the next trip, you have no time to feel depressed!)
• Call on video chat everyday
• Play games online together
• Turn that negative energy towards the visa process and work hard at it (my personal favorite!)
• Work more hours (it helps take your mind off of the visa and helps your career)
• Hang out with singles (and not couples) when you're feeling down
• Get some other friends besides your significant other
• Think of it like the longest bachelor(ette) party ever
• Get on a social network together and post about your life
• Be understanding and full of forgiveness
• Read a book together
• Better yet, read a book about relationships
• Finish the pre-marital counseling while you wait
• Harass the USCIS/NVC! (a favorite VJ pastime )
• Make mutual friends and communicate with them regularly (social network helps here)
• Learn your significant other's language (it's like working on your relationship, and the screw ups make for funny Skype dates)
• Write a song for your significant other and perform it for her on YouTube (Youku for China)
• Get your company to sponsor a business trip to your significant other's country
• Take a vacation to another country exotic enough for both of you (helps you realize your similarities)
• Have your significant other help you overcome a bad habit of yours (e.g. asked my wife everyday, "did you watch TV more than an hour today?")

Long distance doesn't mean you have to stop your life together. It just means you have to find different ways of connecting besides the physical connection normal couples have. Get creative!

Wanna know what the harm is? Put yourself in the shoes up the person receiving that. Their internal monologue: 'this idiot sent me ~1000 pages worth of junk? Jeez. I think I'll stick this one in the corner/lose one of their forms/stick them with a bogus RFE.' They're human. It makes sense to provide them with what they need, perhaps a bit more, but don't drown them in unnecessary papers.

This exact situation happened to me when I gave them all of my Skype logs. My case rotted in the queue for years, and monthly consulate inquiries went unheeded. I agree that OP is sending in too much documentation. Pick and choose the most concise way to represent your case, and be mindful of the recipient.

Is that true that case number takes 30 business days? They received my case on May 22 and I called Friday and the agent told me that it takes 30 business days. ugh..

I called and got the same response. It's now 25 days, and still nothing.

. What is certificate of marriageability? Nowhere in our petition, we refer to each other husband wife. He also states in how we met section that we did not get married. We are together over 8 years. He states that we did not get married cause he lost his job and that is the truth. He also states that he filed for fiancee visa after I left US and after he got a job. I think we are ok. Overanalyzing

A certificate of marriageability (or marriageability affidavit) is required for some countries. It basically states that in an official form that you are single and not married. Or if you were married, that you are now divorced. I remember submitting one for my K-1 application. I would check with an attorney about whether or not this is required for you. Below is what a quick Google search brought up for me:

ISTANBUL, TURKEY

Turkish Marriage Procedures

(As of February 2014)

All marriages in Turkey must be performed according to the civil marriage code of Turkey. Religious ceremonies

have no legal effect. US military personnel are reminded to obtain permission to marry from their commanding

officers.

Below are the steps to be followed:

1. Execute an affidavit of marriageability (bekarlik belgesi) at the Consulate General, Istanbul. You will need to

present your passport and divorce decree (if you have a previous marriage). Then have this affidavit certified

at the legal office of the governor (Valilik Hukuk Isleri, Cagaloglu).

2. The affidavit should be taken to the marriage bureau (Evlendirme Dairesi) having jurisdiction over the place of

residence of the Turkish party (see list) and marriage application forms should be picked up from the marriage

bureau. The American party must submit a passport and six photos. If one of the parties is Turkish, an

ikametgah ilmuhaberi from the village elder (muhtar) may be required.

3. Complete the following forms from the marriage bureau:

Statement of Marriage (Evlenme Beyannamesi), Census Card Sample (Nufus Cuzdani Ornegi), Marriageability

Document (Evlenme Ehliyet Belgesi) and Marriage Statistical Form (Evlenme Istatistik Formu). The Turkish

party may be required to provide a certified birth registration document from the census office where the father

is registered.

A medical examination is optional: each party has the right to demand that the other undergo a medical

examination.

4. After completion, all the appropriate forms are to be turned in to the marriage bureau and a

marriage date is to be scheduled at the marriage bureau.

If you wish the marriage ceremony to take place outside the marriage bureau and outside office hours, you

should tell the marriage officer. Transportation expenses of the marriage officer and his assistant to the place

of the ceremony and their return home should be paid at the time of their departure from the ceremony.

5. Spouses of United States citizens are entitled to immigrate to the United States if not

otherwise ineligible. If your future husband or wife is not an American citizen or

permanent resident and if you plan to reside in the U.S., the foreign spouse will need an

immigrant visa to enter the U.S. The American must file a petition (Form I-130) on behalf

of the foreign spouse. This cannot be done until after the marriage. Please contact the

immigrant visa unit during information hours for instructions regarding the filing of an

immigrant visa petition for your spouse.

Source: http://photos.state.gov/libraries/istanbul/231771/PDFs/Marriage%20Affidavit%20Turkey88_040914.pdf

An RFE can mean months to years, in some rare cases, of additional waiting time. I know you're not looking for this kind of response, only something to ease your mind, but you asked an objective question, and I'm trying to help you with an objective answer. Good luck to you.

Getting worried. 25 days after the NVC got my case, and it's still not assigned a case number.. :(

Hi everybody, so i was going over the i 129 f petition that my fiancee sent. We are waiting for our NOA2. As i was going over our whatsapp conversations that my fiancee sent, i saw a sentence that my fiancee said as " I will work on the marriage." But by marriage, he is referring to fiancee petition. And nowhere in other conversations, we refer to each other as husband or wife. Still do you guys think this " I will work on the marriage" sentence will cause us to get scrutinized or even be rejected by CO thinking we are already married? . We certainly are not. I am going to the interview in Turkey. Am I thinking too much? Please help

I think you should not have sent them all of your chat logs. It will probably delay your case. They would not take the risk of skipping over any incriminating lines in your chat logs. When dealing with government, always provide only what is asked for in the most concise way possible, nothing more, and nothing less. Did you submit any evidences like a certificate of marriageability?

My wife cannot deal with the visa planning, because it just makes her sad to think about the fact that we're not together. (I know...) I tell her to put that negative energy to good use by working on the visa. I'm not letting the government push me around and keep my wife out of the country! That's my thinking, but it doesn't work for her, so I end up doing all of the visa work as a way to love her. We used to Skype video everyday, but since China has been blocking internet traffic and her internet got worse (after she moved), we use text chatting more often now and send pictures. It's been a rough 4 years and counting.

We have been in AP for over six months. My wife has the summer off from work, and I thought we were going to be approved and together by now.

AP is an awful place to be. The wife and I were in it for 24 months. It's very easy to tell yourself that it will end the next month, and then the next month after that... If you do not have a good immigration attorney, you need to find one ASAP and find out what the "$hit" is wrong with your case. As an example, the consulate never told us outright, but they denied our K-1 visa because of INA212(A)(3)(d), my wife was part of the communist party and did not have a qualifying relationship (ie. marriage) to consider a waiver (iv).

Over time I have heard some common themes about Chinese Women from American men marrried to them. May be this will help the Op better understand his wife and please I do not mean to offend any one, please.

1. Clean freaks and their way is the only way how things should be cleaned. I know a guy whos wife wipes every thing with bleach once a month.

2. They never ever aplogise or say sorry about any thing, may be in their actions but never in words.

3. Chinese womans approach to marriage out side of China is what I would call pragmatic. Find a nice guy who can care for them, marry him and then fall in love with him.

4. They are only here because of you, for example, once I am 6 feet under my wife will be on the first flight back to China.

5. If you love them and care for them they will return it back to you a 100 times over.

6. They will always find something to complain about.

My wife has none of these problems except 6. Lucky me? Or maybe I'm in for a big surprise when she transforms on US soil.

If you have been battered or suffered extreme cruelty by a spouse who is/was a USC or LPR, then you qualify for VAWA.

This site also may help you find an immigration lawyer experienced in VAWA:

http://www.womenslaw.org/gethelp_type.php?type_name=Finding%20a%20Lawyer

Many of them are free or low cost.