ClayinChina

Congrats. Don't forget to update your profile to say "ROC (Approved)" 'cause I was confused a sec 'cause yours still says AOS (pending).

Thanks for that, I just updated it.

Thanks! We appreciate it.

I am lucky because my family is extremely open minded. Also, it is not uncommon here for young men to marry women from other countries, especially. Since almost every man goes on a LDS (Mormon) mission from the age of 19-21, they usually meet people overseas. While most don't marry anyone from that experience (they are not allowed to date during that time, and are pretty faithful about it) it leads them to travel back there later or meet someone from that country while at BYU or the University of Utah. I am not Mormon, actually, but growing up around that did definitely light the first flames of interest in international travel.

However, some of my friends were a bit skeptical. Not of my wife, but of me wanting to run off and marry an exotic woman after always saying I wouldn't marry until I was 30-something (instead of 23) and how stupid all the people in Utah were for getting married so young (men average 22, and women 20 I've heard). Only one of my two best friends was openly hostile, and it really has hurt our relationship that he has no interest in hanging out with me when she tags along (and coming from China born post 1980, she thinks she has to tag along for EVERYTHING and there is no such thing as a guys night, haha). But all of the rest of my friends love her to death. It's been really great. Actually better than I thought it would be.

Clay

We can't believe it! We just received notice that Lisa's conditions are going to be removed! We can't believe how quickly it went!

We have been really lucky in this process. Besides a one month delay for her conditional green card because I forgot to sign one of my tax returns, everything has gone so fast. Even Lisa's interview in Guangzhou was less than 10 minutes, and she hasn't had a single interview since!

I KNOW I have this site to thank for much of how "lucky" we have been. I really don't believe we would have had any better results had we used a lawyer, and probably WORSE results because from how I've heard, they just don't pay as much attention to detail as all the great people on here. My packets have always looked as thick as textbooks, and I definitely wouldn't have thought of everything to include without this site.

Thanks everybody! I (Clay) can finally breathe a little easier knowing if some kind of freak accident happened, Lisa wouldn't be deported. But now I better be an extra attentive husband so she doesn't realize she's way too good for me, lol.

Clay and Lisa

• A foreign national cannot perform work as a volunteer if the foreign national believes that some form of compensation will follow. This specifically includes volunteering for a trial period leading up to compensated employment.

• A foreign national may not volunteer while awaiting work authorization or change of status (that would enable them to work), even if for a few days.

• Dependent family members of F-1, H1B, TN1, and O1 visa holders cannot work or volunteer at Vanderbilt without participating in the normal recruitment and hiring processes, including obtaining appropriate employment authorization.

• Dependents of J-1 and E-3 beneficiaries MAY obtain a work permit for unrestricted employment, but cannot volunteer until the EAD is in hand.

• A person cannot perform work as a volunteer in a position that would normally be a paid position.

• Defining a position as “unpaid” (e.g., an unpaid internship) or “volunteer” does not mean that it is a legitimate volunteer position, given the USCIS guidelines and other relevant labor and employment laws.

USCIS GUIDELINES

• A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow. The U.S. Citizenship and Immigration Service (USCIS) views such volunteering as “work” and requires proper employment authorization issued by that agency. This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

• [A]n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis. The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539)

• In addition, the volunteer rule may give rise to a number of potential abuses. For example, may an employer lawfully suggest to an alien that he or she should do a period of 'volunteer' work while the employer is deciding whether or not to file a nonimmigrant visa petition or a labor certification application? Recently, the INS indicated that an applicant for change in nonimmigrant status could not offer his or her services to a prospective employer on a 'volunteer' basis. The INS has stated that: 'If any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.' (89-05 Immigr. Briefings 1)

• Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work. The ultimate question in most volunteer cases will be: What did the alien expect in return? If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1)

Thanks. Too bad then. Yeah, it really is a raw deal, especially if you need the money. My very-lucrative sales job came to a sudden end (the company went bankrupt) about 6 weeks Lisa came here, and we'd been in now hurry to get the AOS application filed. Suddenly things got serious. Thank god for credit cards.

It's pretty exciting. Yesterday Lisa received her official driver's license in the mail. We'd been told it might be a driving privilege card for "unverified" immigrants because her social security card still said "Valid for work only with DHS authorization" when we applied. We'd also applied for a new social security card without the restrictions, and been sent a receipt letter from the SS Administration saying we'd be receiving a new card that basically said the same thing. Very disappointing. But last night, we got home from school and the cards looked exactly as they would for a US Citizen! Yay! Now we won't have to have all the trouble with HR when Lisa gets a new job (hopefully soon! With my last few semesters of school, I'm working once or twice a week, and Lisa is supporting us both on $9 an hour!), and she can use her driver's license when flying domestically! Things are really just getting better and better in the immigration department for us.

I appreciate all of your suggestions and information. I'm just a little worried though. Her employer wants her there ASAP. I understand the process. I just wish there was a way to expedite the process. Any ideas?!?!?!

Thanks again!

Jeff

I am not a lawyer. Whether this is remotely legal, I don't know. But there is a consideration about whether your wife could volunteer at the company for the 2 or 3 months (It was almost 5 for us because they wanted more evidence of my income) until she has her EAD, and the company could arrange for a signing bonus when she starts there as a paid employee. Again, not sure how volunteering is considered. Not all companies will be down for it, either, and of course, you have to trust that they will deliver the bonus in 3 months. Lots to consider, but I guess it depends on how much you need the money, and whether an equivalent job can be found in 2-4 months (If you're getting married right away).

I recently was given a full time position at my work, but my most recent tax forms from 09 reflect only my annual income with part time work. Can I state my income as it will be for this coming year, or do I need to have proof of it with my taxes? Or can I make a note along with my taxes and accompanied by a letter from my employer that my income will meet the requirements this year?

Also, if I wanted to just state my income as it was last year (and as the most recent tax returns state), and I asked my mom to be a joint sponser, then would she just fill an I-864 of her own along with mine? -- And if so, on part 3 question 8, where is states to check "I am sponsoring the principal immigrant" and then right below it "yes / no (applicable only in cases with two joint sponsors)", would she just check the first " I am sponsoring the principal immigrant" or does she also need to check "yes" as a joint sponsor, even though there are not Two joint sponsors?

My memory on it is a bit rusty, but I believe we submitted our old tax forms, but included copies of all paystubbs since I started at the higher paying position.

Yeah, no question. China is bad. The first time I went, when I met Lisa, there were 20 of us from the University of Utah. Three of us spent time in the hospital by the end of the 6 weeks, getting IV fluids and antibiotics. I had them for maybe 5 1/2 of the 6 weeks (three days in the middle where I thought I was feeling better, then it came back) and all the tours we went on SUCKED. We learned you bring your own toilet paper with you everywhere you go real fast.

And when I moved back to China, I was okay for the first 2 weeks, by avoiding the student cafeteria and eating only street food and food cooked by my future mother-in-law. But between week 3 and 6, it was pretty bad. For the next 12 months or so, though, everything normaled up and I guess I had a resistance to all but the occasional badly handled meat dishes.

Wow, God Bless the USA. I loved China, but that part... not so much.

Can you provide a little more details?

Is the house close to where you currently live?

Is it in a livable condition?

Sorry, I wrote this, then got caught up at work, and Christmas, etc, and didn't get back to answer your question.

The house is about 20 minutes away from where I currently live. It is definitely not in livable condition. At the moment, the bathroom is completely gutted, with no toilet/sink/shower while we redo the drywall and get new fixtures over the next month. We had hot water in the kitchen, but when we discovered the floor under the washer and dryer and water heater was completely rotted and growing mold, we had to tear it out and our going to completely redo that room, so no hot water for at least a couple of months.

Thank god for my always understanding and supportive parents (though this last year of having 2 sets of married children living in their basement has pushed them to the limit) who say we can stay at their house until the remodeling is complete.

We haven't had to worry about the IRS since I originally wrote this, however, because they are almost 2 months late coming out with the updated tax form we are required to use to file for the first time home buyer credit (We bought it before November 30th, but mere days after congress extended the credit and modified the rules.)

So now I still have the same question. I will be sending in for the tax credit in the next week, when the new form is released. Since we probably won't be moving in til late February, early March at the EARLIEST, should I file the change of address forms with USCIS before I file for the tax credit? Or should I just not worry about it until we are actually moving in to the house?

Thanks, I know it's a convoluted question.

Clay

So, as of a few weeks ago, Lisa and I were able to buy a house! We can't really afford it. I'm still a student and only working part time, and Lisa is working full time at $9 an hour, but with deals out there this good, we couldn't resist when my uncle's family wanted to get an old rental house off his hands as fast as possible. It needs some serious work, but my other uncle is out of working waiting for the construction market to start back up again, and has offered to do most of the work for room and board. And with the tax credit, how could we resist? My question, however, is about the address change. In order to get the tax credit, which we need right away to start work on the house, we need to start living in the house as our principal residence. But it will be February at the earliest before the place is in condition for us to move in (lots of construction dust and disconnected bathroom water while we completely redo it). I have no problem filing taxes there, even though we won't be moving in a few months, but I'm still paranoid about the DHS change of address notice. If we aren't officially living there yet, I'm wondering if I should file the change of address now, at the same time as filing for the tax rebate, or wait until we actually live there.

Maybe I'm being overly technical about it all, but with Lisa still have the conditional green card, the last thing I want is to cause trouble that could delay removal of conditions or something.

Thanks for anyone that has an opinion on the situation.

Clay

So, Tuesday afternoon, arriving home from a family reunion where my dad's side of the family finally all got to meet Lisa, we got a great surprise. The "30-60 days" the early letter had warned of had obviously not passed, yet the Permanent Resident card had arrived! I read every word on the paper it came with (actually, made Lisa read it, for extra practice with unwieldy words), and even though I knew what it was going to look like, it was ridiculously exciting. Lisa isn't happy that the picture they used isn't nearly as flattering as the passport photos we sent in with the application (she still looks beautiful), but she's happy to have it. Strangely, but not unexpectedly, I'm the one that's most excited, running around telling everyone I can find. To my family's credit, they are still fairly excited by the news, after my reaction to every other step in the process being similar. It's good to have it though.

Just a question. Now that we've got the green card, do we have to alert USCIS if we move? Or do we just submit our application to remove conditions with our new address?

an alien MUST report a change of address within 10 days via form AR-11

A USC that has submited a Affidavit of Support (I-864) must also report a change of address via Form I-865

Thanks to both Karin und Otto and Pvyxibka.

Interesting about the address thing. I thought as much, but it is a weird feeling to be like, you know, Big Brother is watching all the time, and I'm the one who told him he could do it. It is totally worth it of course, but if you asked me four years ago would I probably have said their was no way I was going to obligate myself to updating the government within 30 days of moving. But again, worth it.

So, Lisa and I are spending 3 months in China next year so I can study at Nankai University and she can . Oh, and she's spending three weeks there this fall. I'm assuming she doesn't need to file that paper for three weeks of travel plans, but do we need to do the address update if we're both going to be gone for three months? Thanks for helping.

So, Tuesday afternoon, arriving home from a family reunion where my dad's side of the family finally all got to meet Lisa, we got a great surprise. The "30-60 days" the early letter had warned of had obviously not passed, yet the Permanent Resident card had arrived! I read every word on the paper it came with (actually, made Lisa read it, for extra practice with unwieldy words), and even though I knew what it was going to look like, it was ridiculously exciting. Lisa isn't happy that the picture they used isn't nearly as flattering as the passport photos we sent in with the application (she still looks beautiful), but she's happy to have it. Strangely, but not unexpectedly, I'm the one that's most excited, running around telling everyone I can find. To my family's credit, they are still fairly excited by the news, after my reaction to every other step in the process being similar. It's good to have it though.

Just a question. Now that we've got the green card, do we have to alert USCIS if we move? Or do we just submit our application to remove conditions with our new address?

The case was transferred to the California Service center, I'll need to look at the paper to find out what day. But according to an email just received, the production is ordered! This is incredible! The troubles we had in the past, with wrong names and request for evidence of financial support all seem so trivial now.

Lisa got her State ID already, I think I might have mentioned that. By taking her EAD into the DMV, along with her social security card that had the same name (even though we were told we couldn't just choose an English first name the last visit) we got her an ID with no problems whatsoever. Now this summer, when I've got a lighter class schedule, I can take her to a driver's ed program so she can be on her way to getting a drivers license. Things are looking so rosy! I'm already setting alarms to remind me in 18 months to start gathering all the info we need, so we can submit the application to lift conditions on exactly the earliest date possible. And three years from today to citizenship, right?

Wow! Even more so it feels like our life can really begin now!

And on a side note, we're having a big, family and friends wedding ceremony on June 20th. Finally everyone can come and see us exchange rings and eat cake and so on, instead of just hearing about our quaint (but always cherished) Little Church of the West Vegas wedding. I've lost ten pounds and plan on losing another 15 by the wedding, and have gotten a nice little bit of color to chase away the winter paleness, all in anticipation. If I can just pass my Chinese final in 40 minutes and get this Marketing paper done by midnight, I can't think of how things could be better.

The 3 year countdown begins from the date noted on the conditional 2 year green-card. That is the date that says permanent residency granted ON: MM/DD/YYYY

Thanks! That's cool. Let's hope that is within the next two or three months, that date :-)

I know we're getting ahead of ourselves here, but things have been going so well. Getting the EAD last week, a few days after getting the AP, was the best of course. But then, we were able to take the work card in, and finally get a state issued ID so Lisa doesn't have to carry her vital papers around with her every time we go out. We got around the first name issues, and now everything looks solid with her name being the same on her AOS applications, Social Security card, and State ID.

What a sigh of relief, because Lisa's friend had her wallet stolen with her Chinese passport and green card and drivers license while she was in China last year. Besides the implications for identity theft, it was right before she was about to go back to Nebraska, and it took her weeks, if not over a month, to be able to finally go home.

So now, if we're going out for a few drinks, we can bring the state ID, and I can stop twitching every time she has to take out her wallet and prove her age (like every five minutes in Utah bars, since she looks so young).

And then, we get a notice that her application has been forwarded to the California Service Center. From what I can tell, that means there's a chance of skipping the interview, right? Faster approval, no interview. That brings me to my day-dreamy speculation: If she doesn't get the I-551 stamp at her interview, when does the 3 year countdown to application for citizenship begin?

uhm... Congratulations...???

Is is safe to assume her birth certificate and/or passport list China as birthplace?

I know I made it sound gloomy, but it actually is pretty exciting, despite the troubles.

Yeah, her passport does. We only have a photocopy of an english translation of her birth certificate. We gave the original certified translation of her birth certificate when we applied for her I-129F. Is that a problem?

Happy days, happy days! Finally, we got the EAD. We've desperately needed a second income, since I'm a full time student and have about 20K in credit card debt (I know, don't put school on credit cards, I learned my lesson, and now qualify for Stafford Loans since I'm married). My gorgeous wife already has a job waiting, and they've been having her intern unpaid for a few month. And tomorrow, we're walking triumphantly in (we're both in the same company, she is purchasing and I in Marketing) and giving them her EAD and Social Security Card. A week from Friday, we'll finally have two paychecks coming in! It's one step toward helping me be able to take more classes starting fall, and able to get my Bachelors in Finance with a minor in Chinese in Spring 2011.

It kind of feels like nothing can be wrong in the world, finally, after all the waiting for her I-129F, having to move back to America for financial reasons before she was able to leave China, getting stalled up by some lost documents, finally getting the AOS application in with 15 days to spare, waiting a few months, getting an RFE, having lost one job, found another and then having to get creative with the support... and finally, it arrived. The AP arrived a few days ago, but that wasn't exactly a big deal, since we missed Chinese New Year anyway with the process taking so long. But to have the EAD in our hands, it feels like we've really accomplished something in the process. Something solid. It just feels like our life together can finally begin, without constantly worrying as much.

Only one kink, though. They wrote her country of birth as Taiwan, even though, for extra clarification, I put People's Republic of China on all the applications. I'm guessing it's a typo by someone who, despite working in a government department focusing on international citizens, doesn't know the difference between PRC and Taiwan. But that worries me a bit, that her GC might have the same mistake, which might cause big troubles down the line. Oh, forgot to mention a typo on her SS card, which they say can't be fixed because her I-94 expired between applying for and receiving her SS card in the mail. Not a huge problem i hoped, except so far I've had a request for a copy of her social security card from the Utah State Tax Commission because they say it's a last name/ss# error (even though the typo is in her first name, not the last name, and the number was correct). Oh, and she hasn't been able to get a Utah state ID because the DMV also got the same last name/SS# error message when attempting to issue her a card.

So, as you can see, with the problems we've had, I'm hesitant to give up our one piece of government identification for untold weeks/months while the problem is fixed. So what I was thinking was that we could give the copies of the card to our employer, give the SS office another try, and also the DMV another try, and see if we can make any headway, and once we knew the results of that, then report the problem with country of origin. Does anyone know if that would cause a big problem? The name is correct, the birth date, it's just the darn country of origin.

Oh, and then, more as a side thing I just remember to ask. I'm sure there's an answer, if I dig it up, but if anyone would like to help me out... I was wondering about her mama. She is five years past the age where most employers force women out of the job to make way for younger job-seekers (with governments... not encouragement, but a kind of "do what's best for your country and young people" message). She's an awesome woman, and really unique among the Chinese I met that grew up during the Cultural Revolution. Astonishingly open minded (she let me live in the same house, though not bed, of course, with her daughter while I studied and taught English there during our engagement). She's all by herself in Tianjin, with all of her family living far away now, especially the daughter that never spent more than 2 days away for the first 24 years of her life. So I would like to see about bringing her mama to America. At what stage can married children bring their parents to the states? Or is that impossible, from China? I know China isn't on the Diversity Lottery list. Is there any other way?

Thanks for your patience in my looooooooooong winded letter.

Clay, happy of husband of Lisa and her new EAD.

Clay,

Read post # 3 here:

http://www.visajourney.com/forums/index.ph...0&st=0&

Perhaps this will help you reach a live person who can provide you with some answers.

Well, I finally had a night were I didn't have to wake up very early for work, and I was able to call the service center. That trick worked perfectly, I got ahold of a very kind woman within a minute, who told me she will have a NOA 1 sent to my american address. That's great. This time change is a killer, so it is very good to be able to save some time and get ahold of someone so promptly.

Hi everyone,

I am new here and I have a very urgent question. My fiancee and I want to bring her 19 year old son from China to America to live with us. Her ex-husband has had legal custody since their divorce (on paper), but in fact, their son has lived with each of them, on and off. His father has said that he will agree to let his son come to America to live with us. I understand that we will need a letter of permission from him.

Has anyone here had any experience with such matters? Specifically, can anyone tell me where I might find a good example of such a letter so I can make sure that I word it properly? Does the letter need to be written in Chinese and in English? Do both the Chinese copy and the certified English translation need to be notarized?

I have every intention of seeking legal help to file all of the paperwork, but I am trying to gather as many documents and supporting information as possible before I hire a lawyer so that the process will be more economical.

Thanks everyone.

I don't know all about this, actually, even though I'm in China right now, but I can't seem to find out from easily accessible sources. But if he is 19 years old, he is no longer considered a child in the United States. I don't know how this affects the choice, but according to my fiance 18 is the legal adult age in China, also. But then, I am not as clear on children being brought into the US, even if they are no longer really "children."

I appreciate that. i found the check, and now i've gone to www.uscis.gov and created an account for myself. They say then sent me a letter, and I should follow its instructions, but I never received it, so I don't know what to do about that. It says " Case received and pending." so I'm assuming I'm in the period between NOA1 and NOA2.

Clay

Did you look on the back of the cashed check, sometimes you can find the receipt number there for future reference. The important NOA is the approval NOA and make sure you keep it in a safe place, you will need it for AOS. Good luck

Do you remember what the number I should call is? What's the best way to reference my package?

Hi!

as you can see in my time line i got my NOA1 after 123 days. It isnt *that* important to have. its more for yourself some sort of confirmation. what you can do it call them, they will be able to give you your case number so your can start checking your case online. when i called the guy was happy to give that to me and promised he would send a letter to CSC to request a NOA1.

But dont worry, the one to long for is the NOA2!

Actually, if you fill it out on a computer with adobe acrobat reader, and print it off that same computer, it automatically fills out the other pages for you, and you don't have to do a lot of extra work. Then you just hit print, and you're taken care of.

Clay

do i have to send three pages of g-325 form with the carboncopy and everything?

Hi everyone. This is my first time posting. I've read the guides, I've tried to read as much of the threads as possible to find this out, but maybe I just don't now what I'm looking for.

I am currently living in China, so that I can be close to my fiance (or is the female form fiancee? it's been a while since I filled out the paperwork) while we wait for her K1 visa to be completed. I started gathering evidence, and had most the of information completed before I got on the plane, but some of the information requiring her signature I couldn't get until I was here, so I completed the I-129f once I arrived in China, and mailed it to my parents to have them mail it. I am a college student, so my parents home is my permanent address, so that was what I listed as mailing address when filling out the forms. I did put my finace(e?)'s address in China as my present residence, since that is where I was living, and that was some of the evidence I sent in. But since I put my mailing address as Utah, I had my parents send the forms to the Nebraska service center. That was in May, and then, I checked the bank, and they cashed the check on June 12th, 2007. Now, I haven't received any notification of any kind, since seeing on my bank account that the check was cashed. My fiance have had a busy summer of traveling, and me teaching summer camps, and I've hoped that I would at least receive SOME notice by now, but I haven't.

I don't know if I've caused a serious problem for myself, or if it's something minor, but I don't know what to do at this point. They've taken my money, of course, so should there be some record somewhere of my status that I can check, even though I haven't received NOA1? Is there a number I can call, or a website I can visit? I appreciate ANY help that can bef offered.

Thanks

Clay