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KenKing

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Posts posted by KenKing

    Getting visitor visa during application process

    in Tourist Visas

    Posted

    Is it possible to get a visitor visa for my mother, while we are still in the application process, its been several years since we started the process because we have been slow? She had visited the US several times before (4 times?) and returned to China on time each time. This time we are preparing for the birth of my second child and would like her to be present. Various chinese forums stated that they will deny her the visitors visa. Please advise.

    Petitioning Parents Already in the US with Tourist Visas

    in Bringing Family Members of US Citizens to America

    Posted

    Let's clarify what I said with some specifics.

    If your parents are already in the country and you've decided to go ahead and get them green cards then it's not a problem.

    If your parents are NOT already in the country, and you're planning in ADVANCE of them entering the country to apply for a green card after they arrive, then that's NOT OK. That's preconceived intent, and it's not legal.

    What I said about it rarely being an issue is true. In the rare cases where it DOES become an issue then it's usually a big time deal breaker. USCIS won't deny AOS for an immediate relative of a US citizen solely because of preconceived intent - not even if they have actual physical evidence of the intent. However, they WILL deny AOS if they have evidence that the alien ever lied about their intent to an immigration officer. This is why I brought up being "grilled about their intentions".

    Here's a hypothetical scenario...

    Mom and pop arrive in the US and are standing at the immigration counter. The CBP officer asks why they are visiting the US. They say they're here to visit their son/daughter. The CBP officer asks if the son/daughter is a US citizen, and they reply "Yes". The CBP officer asks how long they plan to stay. There's a pregnant pause while mom and dad try to think of what to say. They finally say "A few months - we're not sure." The CBP officer says "Come with me", and leads them to the secondary inspection station.

    Mom and dad are placed in a small room and told to wait. About 45 minutes later a CBP officer and an ICE officer come into the room, and they're carrying mom and dad's luggage. The CBP officer asks again "Why are you visiting the US?". Mom and dad reply that they're visiting their son/daughter. The CBP officer asks again "How long are you planning on staying?". Again, they respond a few months - not sure exactly. The CBP officer produces an envelope he retrieved from dad's luggage containing various personal documents - birth certificates, marriage certificates, etc. - NOT stuff a typical visitor would need while in the US. A long and tense question and answer session ensues. Ultimately, the CBP officer hands mom and dad a statement to sign telling them that they'll be permitted to enter the US if they sign it. The gist of the statement is that they are entering the US, and do not intend to apply for immigrant status before leaving.

    If they apply for AOS after the above sequence of events then they'll be denied for material misrepresentation, and banned from returning to the US.

    Adjustment of status from a non-immigrant visa that does not specifically allow for immigrant intent is intended ONLY for situations where the circumstances changed after the alien arrived in the US, and it would be needlessly bureaucratic to force the alien to return to their home country for immigrant visa processing. AOS was NOT intended to be used as an alternative to the immigrant visa process. If CBP suspects you intend to do this then they'll either deny you entry, or they'll set you up for a P6C denial as described above.

    Yeah, That's just silly to not have a definite answer to a CBP's questions and having all those important documents with you in the luggage.

    :)

    Petitioning Parents Already in the US with Tourist Visas

    in Bringing Family Members of US Citizens to America

    Posted

    We're planning to apply for my mother-in-law (my wife became USC this week) so doing the same thing as OP. If my mother-in-law has already visited the US several times and returned to China on-time every visit, there shouldn't be any concerns about "perceived intent to immigrate" for this most recent trip, right? We just don't want her to have to deal with the US consulate in China by herself, where as, if she applied here, we could accompany her throughout the process. Also, I think she would have to go to GuangZhou US consulate if she applied in China right? she lives in Shanghai. That will certainly be a major obstacle for her. Does that make sense?

    sign and faxed application form?

    in US Citizenship General Discussion

    Posted

    It's that time again when we have to deal with the USCIS. My wife has been resident since 05/09/2008 so I guess she can apply for citizenship now. She's out of the country but I assume that as long as she signs the paperwork, fax it back to me, while I mail it in for her, it should be ok, right? otherwise, i'll have my friend bring back the signed application from China.

    Entering as a tourist in the US before filling AOS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    What did you tell them was the reason for your visit at the border?

    Agree with others that stated : Entry using a tourist visa with intent to immigrate is fraudulant.

    I told to the immigration officer that I was coming to visit my wife's family, which was not a lie.

    You stated you decided to move to the US already married, entered as a tourist (citing a visit as reason for entry) and are now submitting AOS.

    You just came here for a visit then?

    Makes me wonder why I am doing this the K-1 route...

    So you won't be deported and banned?

    From the FIRST post, it sounded like the OP intended to "move to the US" with the tourist visa, instead of "visiting" as the OP has later stated.

    I would say that's a lie, and a fraud.

    Rejction notices

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    OH REALLY??! I thought the I130 is also included in the $1010!!!!

    $^((#$*!

    I got the same notice today!!!　Ｉ　ａｐｐｌｉｅｄ　ｆｏｒ　Ｉ４８５，　Ｉ１３０，　Ｉ１３１　ａｎｄ　Ｉ７６５．

    Ｓｅｎｄ　ａ　ｃｈｅｃｋ　ｆｏｒ　＄１０１０．　Everything came back.

    I made an infopass appt for friday and am going to clear this ####### up!!!!

    Is there a separate fee for the I130?

    You are correct bostonparis.

    $1010 only applies for I-485, I-131 and I-765.

    The Petition for Alien Relative, form I-130 is an additional $355.

    Kenking - did you send a separate payment for the I-130? If you didn't include payment for it on top of the $1010, then that is why your application has been rejected. You would need to have sent a check for $1365 or two checls - one for the $1010 and one for $355.

    Rejction notices

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I got the same notice today!!!　Ｉ　ａｐｐｌｉｅｄ　ｆｏｒ　Ｉ４８５，　Ｉ１３０，　Ｉ１３１　ａｎｄ　Ｉ７６５．

    Ｓｅｎｄ　ａ　ｃｈｅｃｋ　ｆｏｒ　＄１０１０．　Everything came back.

    I made an infopass appt for friday and am going to clear this ####### up!!!!

    I just recieved a rejection notice for my AOS package- with EAD and AP.

    I sent a check, which is stapled to the rejection notice, for $1010.

    The rejection notice says:

    " The check amount is incorrect or has not been provided. The correct filing fee is $930.00. Each applicant between the ages of 14 and 79 must also include the additional $80.00 fingerprint fee. Please resubmit the application with the appropriate fees to the address listed on the bottom of this notice."

    So, what am I missing here?

    Did they want two seperate checks, one for the filing fee and one for the fingerprint fee?

    Also, i got a similar rejection notice on the 131 and the 765, though i filed them all together. What do I do now?

    AOS checklist for marriaged-based AOS

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by KenKing

    My Wife came on a visitor's visa and we are applying for AOS. I am putting together the application packet and had some questions about it. I didn't see any checklist specific to marriaged-based AOS.

    Do I need to fill out a G-325A? Is a "passport photo" required of me? How many "passport photos" are required of my wife? I know at least 2 are required.

    Does I-130 require any "passport photos" from either of us?

    I was trying to merge the application requirements for both the K3 (I-130) and the AOS. But then I thought that might not make too much sense.

    Thanks for any help.

    This is what I currently have...

    Cover Letter

    Personal Check $1010.00 to US Department of Homeland Security

    I-130 Petition for Alien Relative

    Copy of my passport

    I-485 AOS

    Copy of Wife's passport pages

    Copy of Wife's I-94

    Copy of Wife's translated/notarized birth certificate

    Original Certified Marriage License

    I-131 Advanced Parole

    I-765 EAD

    I-864 Affadavit of Support

    2004, 2005, 2006 Tax Return

    Bank Statements

    Property appraisal

    I-693 and I-693A sealed from Civil surgeon

    G-325A for Wife

    2 Passport photos for Wife in plastic bag

    Can I marry immediately in the US, or is the K1 correct way?

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    It's ironic that while you have to show proof that you will return to your home country when you enter the US on a B2 visa, that you can apply for AOS with the same B2 visa. So all the "proof of strong ties" and "commitment to return to the home country" is all overlooked at the time of the AOS? hehe...

    oh well, I'm still contemplating on which route to go with my significant other. Her B2 visa interview is in 2 weeks, and she will travel to the US with me in mid-May 2007. But we both will be returning to China after that trip. But, I think I will leave China for good, at the end of July. And assuming she gets her B2, takes a trip to the US in May, will she have problems entering the US on the same B2 visa in July (citing the short period between the 2 trips). I may just ask her to marry me on the 2nd trip....

    Or, there won't be a second trip for her and I'll start the process of the K1 visa when I return to the US in mid-May. I will still return to the US in July, permanently. we'll see how everything falls into place.

    The B2, then AOS method sure saves ALOT of pain, trouble + money.

    Can I marry immediately in the US, or is the K1 correct way?

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Follow up on this topic:

    Another item that I'm pondering is the necessary paperwork for filing AOS. If your SO is visiting the US and gets married, files for AOS, is there any paperwork that your SO would need from their home country? If so, then they would have to return to their home country and get it. Could this cause problems? How long would AP take to apply/receive? I've only researched the K1 process so far, so I'm not even sure what paperwork might be needed from the home country.

    Can I marry immediately in the US, or is the K1 correct way?

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes.

    Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain?

    Shanghai: K1 visa is only processed in GuangZhou?

    in US Embassy and Consulate Discussion

    Posted

    I wanted to confirm that for the K1 visa for Shanghainese resident is processed in GuangZhou and

    therefore my fiance would have to travel to the GuangZhou US consulate for the visa interview?

    I was in the middle of filling out the I-129F and question #20 asks which consulate will the fiance

    apply for the visa. Can I list Shanghai?

    Thanks.

    All K visas for China are processed in Guangzhou. You COULD list Shanghai but the case will go to Guangzhou anyway so you might as well put it down that way. There is a lot of really good information on fiance and spouse visa process for Mainland China, available at http://candleforlove.com

    Your fiance may be able to complete her medical exam in Shanghai. The Consulates website will list all the available hospitals for that.

    the strange thing is, I cannot access the Candleforlove website, from Shanghai, where I am currently residing. I tried to register and it says

    access denied. However, I am able to register once I use a USA-based proxy site. But it doesn't work very well.

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