Brian & Kathy

My wife and I are petitioning for her parents from China to adjust status. They came here on a visitor’s visa and we decided to file I-130 and I-485 simultaneously prior to overstaying the visa. Regarding the I-485, application for adjustment of status, we recently received a RFE:

You have submitted a family census register, family relation register or a notarial certificate. However, the evidence you submitted does not contain the applicant's name. You must submit a family census register, family relation register or a notarial certificate that contains the applicant's name.

Title 8 Code of Federal Regulations, Section 103.2(b)(2)(ii) states:

Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist and indicate whether similar records for the time and place are available. It must contain the following:

A legible seal

A legible stamp

A signature with a title containing the words: secretary, registrar or births and deaths

Prior to submitting the application, we knew there would be a possible issue. My parents in law have no birth certificate, as at that time the Chinese government did not issue them.

Long story short, to obtain this document, my parents in law must travel to China to obtain it in person. The catch 22 is that if they travel outside of the country now, the I-485 petition will be considered abandon. Any advice?

I plan to call the USCIS customer service line tomorrow to ask some specific questions, however my experience has been this is useless.

We made every attempt to obtain the required certificate from the China office before sending the petition. We wrote, signed and notarized several different letters as requested by the China notarial office. Each time we submitted a document to the china notarial office, they requested a more outlandish document instead, saying the letter they requested previously was insufficient. Finally, we submitted with the I-485 all of the letters we had made attempting to obtain the certificate from the china office, along with an explanation of why we could not obtain it, and their Chinese Family Registration Book (and of course a translation of it).

Again, catch 22. We can't get the document without appearing in China in person to get it, and we can't leave the US until the request for advance parole is approved or forfeiting the I-485 petition.

The last requested document from the china notarial office was a request for notarized letters from the Chinese embassy here in the US, stating that her parents are in the US and request the notarial certificate. The nearest embassy is in Chicago, 500+ miles away. As a family of 6 with a 19 month old and a 3 month old, that is a difficult request. Based on the 3 previous attempts to provide letters, they would then request a more outlandish document to provide the requested certificate. None the less, we will attempt to contact the embassy to see if they could even provide such a document.

Frustrated and turning in circles with both governments.

My wife and I are planning a trip to Europe. Based on visa requirements, she will need to apply for a Swiss visa (greatest number of days in Switzerland). We have just about arranged all the hotels and gathered all of the required documents, but I don't understand the exact process to apply. The nearest consulate is Chicago, and the website indicates we can apply by mail. My question is, am I really suppose to just send the passport and all of the documents in the mail to the address listed online? I haven't seen any directions for applying the Swiss visa, so I want to ensure I do everything correctly. BTW, I emailed the consulate, but have yet to get a reply...

I ask because every visa I have applied, I had to send the information to a 3rd party, notify them ahead by filling a form online, and it was all very formal. They also had specific directions, with all the fees and instruction listed out. I can't find anything like this on the Swiss consulate website, but just gather the information piece by piece.

Also, the letter from my insurance company does not state the dollar about of the coverage, will this be an issue? Here is the requirement: "A letter from your insurance company and a copy of your insurance card confirming international

coverage of at least USD 40,000 for each of the following items:

emergency medical expenses

emergency hospital treatment

repatriation for medical reasons

If you do not have insurance, or your insurance company cannot provide such a specific letter,

you must purchase insurance for the entire duration of your trip and provide proof of purchase."

I know my insurance meets these requirements, but they didn't write the letter in this wording. I image the won't be willing to either due to legal B.S.

Thanks,

Brian

Great, thanks for all the info guys. We are going to start planning the trip. Should be a whole lot of fun! The UK will be another trip, thanks.

Just nervous about visa things... if we get a schengen visa from switzerland (because that is the main destination if we spend the most nights there), then it is still no problem to fly into Germany, correct? We have had bad visa experiences in the past and don't want to repeat.

It is interesting that we need documentation of all travel plans arranged before applying for the visa. Kind of a pain to arrange everything now. I assume it isn't a big deal if we make minor changes to the plans after the visa is approved? I mean like changing hotels, or staying in one country a day longer before moving on (long as we stay within the original time period).

Thanks for the info everyone! We may decide it is worth spending more days in switzerland to make it our main destination if the visa can be done by mail.

My wife and I are considering traveling to parts of Europe in May. While I should be simple traveling on a US passport, my wife will likely need visas. She has a Chinese passport and a 10-yr green card which is valid for about 9 more years.

My wife said there is a single visa she might be able to get and travel most of the European countries. I tried searching, is it called the schengen visa?

Where can I find an official list of the countries (as opposed to the list provided by travel agency websites)?

We plan to go to Germany first, I would simply apply for the visa from the Germany immigration website? Hopefully an in-person interview isn't required at a consulate here?

I would love to hear any experience that anyone has for traveling on this type of visa. If it is more trouble than it is worth traveling on a china visa with a GC, then we may do something simpler like going to Canada.

Thanks!

Brian

Thanks for the fast replies. I'll just do what the CS said they require which is MMR, HPV and TD. One CS also said they require a flu vaccine if it is that time of year, but we got one already and luckily kept the receipt.

I know that my wife had a TB test and chest X-ray while she was at the medical exam in China, so that's no problem.

I would go directly to the CS, but we can save a lot of money by going through our family doctor. My insurance will cover these type of preventative measures, while the CS would gladly stack up a nice bill. That's why I wanted to figure out exactly what we need done before going to the CS.

Thanks again everyone!

Brian

My wife came here on a K1 visa and did not get any shots while in China. We didn't want to delay several months to file the AOS, so we filed it without the shots, expecting an RFE or request to bring the I-693 to the interview. We are now trying to take care of this part, before the RFE comes.

Unfortunately, we can not find her immunization and shot records. From talking to the civil surgeons office, we still only need MMR, TD and HPV. Are these the only medically appropriate immunizations for a 24 year old female with no other shot records? We want to be very certain these are the only required vaccinations because we will get them from our family doctor and have the civil surgeon fill the vaccination part of the I-693 later. If we miss one, that makes it rather expensive and troublesome.

Please advise if the 3 shots above are all we need or not.

Thanks,

Brian

Ok, let me see if I can boil this down to simple understandable instructions.

Go the the post office and ask for an inside China (domestic) EMS mailing label, then fill in your mailing address and phone number and include this with your P3 return. Make a note of the tracking number. (Or do you just keep a copy?)

Exactly. This is an advantage in my opinion, because it helps to insure the correct address is filled in and you get to track the P4 mailing.

I don't remember exactly, but I think Kathy had to pay a small amount for the label and then the tracking number was printed on the receipt. I can ask her this evening.

Brian

Congrats! You have the same interview date as us.

Must be nice to have the whole process move so quickly. I sent our petition on September 24th, 2007, right when the back up at CSC was the worst. Our NOA2 was given the day after you sent your petition, and we are moving quickly through the Guanzhou consulate compared to most others.

Yup, just what RobertColt said. It's a new requirement from GUZ, but there are plenty of people who didn't send a lable and they still got P4 just fine. You can get the label at the same time as you mail P3. If you get the tracking number for that label, you can track your P4 as it is coming to you.

I'm so sorry to hear this. I can't imagine the pain for all this waiting.

Call again and see if you get the same answer.

Honestly, I'd be figuring out how to get on a plane and stay for several months or longer. They can delay your petition, but don't let them delay your life.

Brian

I called the 800 number and did exactly that. What I receive is rather 'unofficial' looking.. it looks like a poor quality photocopy that could have been made 20 years ago from one of the nickle photo copy machines.

I called DOS today. To my amazement, there was no wait to speak with someone. I've never gotten through without a wait and was wondering if I called the wrong number.

This time, they had good news for us. Our interview date is arranged for July 7th.

Brian

Estadia: Any news yet? Seems like with all those touches, something must be happening! Any day now, I'm sure.

Congrates Daly!

I called DOS yesterday and Kathy is finally eligible for an interview. Within 1-2 weeks, I should know the interview date and we are guessing it will be late june or early july.

It's too bad that we don't get more traffic in here these days! Anyone else have any news?

Brian

Wow! Congrats to everyone.

Lancer, glad to hear you finally got NOA2. You'll be amazed how quickly the process will move after this. You may even have your interview before us, as China takes forever!

I say Congrats! She most certainly will get the visa, but just a matter of finishing the little matters. Sadly, the timing of coming here with you just didn't work out.

Brian

No blue slip. We got the pink slip. They just had to redo the finger scanning and never told us. When we called to see what was taking so long they told us. By then it was too late for her to come home.

I completely know your feeling. I travelled back alone after Kathys F1 student visa was denied. I ended up staying a few extra days, so there was no empty seat, but she was still suppose to be with me.

Did you get a blue slip? What needs to be done?

With this kind of visa, it isn't a matter of 'if' but 'when'. Keep at it and you will succeed.

Well she didn't get the visa in time so I am here in Taipei airport alone waiting for my connecting flight to LA. Worst part is seeing the empty seat next to me and knowing my Fiancée was supposed to be there.

No more news from anyone? Interview dates? Did everyone get their visas and leave or what?

I called DOS yesterday and P3 was sent on 4-25. This is very fast for China! Only a 2 month wait from leaving NVC sending till P3.

Brian

Too funny.

Sorry, just wondering. who is the older one, you or him the beneficiary?

I believe by the picture and profile that Cham (female) is the older one.

Nice job snagging that younger man

Another Sept's filer. Visa approved and will pick up on May 06. She and I will arrive to US on May 11. Good luck to all of us.

You arrive on Mother's Day and also my birthday!!!!!!!!!!!! 2 weeks from today. Good Luck.

Congratulations, Haonie!! Have a nice trip!

Happy birthday to 'thegreatgate' in advance~!!

good luck to u for ur interview sending prayers and happy thoughts ur way..........

Hey, estadia! Is your case ok? You still didn't receive NOA2 yet?

Kathy

nope nothing

they give me different story every time i contract them

That's too bad!!! I feel for you! I hope they can truly feel our pain as well!

We are waiting for our P3 still too... It was sent to GUZ, China on Feb. 29th though. I know we will have to wait for a little longer... My bottom line for this is Middle May. I could be mad for these soon, I guess...

Good luck!

Kathy

There was a problem with her finger scanning and the embassy didn't even call us. I had to call to see what was taking so long for the visa to be delivered. They knew 5 days before I even called. Now she has to wait until tomorrow to rescan her finger...If we can't pick up the visa on wednesday we won't be flying home together on Thursday. I don't get why the embassy doesn't call when they know there is a problem...

Sorry to hear this! I hope everything will be smoother, and you can fly to the USA together! These things happen in China here as well... Nowadays, we have to wait for several days till having the visa in hand. Anyway, you are still luckier than us, as we are still waiting for our P3! For this, you can cheer up soon again! HAHA.

Good luck for this and have a nice trip home!

Kathy

good luck to u for ur interview sending prayers and happy thoughts ur way..........

Hey, estadia! Is your case ok? You still didn't receive NOA2 yet?

Kathy

We passed!

WOW!!! Really GREAT to hear this! Congratulations, Eric!!! Thanks for telling us!!!

Our Packet was just received by US Embassy in Guangzhou this noon!! We are very happy and excited about this too! Well... We still have to wait for the next step - P3.

Brian & Kathy

Congratulations! Happy for all of you who got Visa already!

Kathy