Stepbrow

You should just be patient. We recently did a crba for our daughter. Fortunately we had all of the documents that were on the application checklist. I think it will be more than two weeks but probably four weeks before they contact you for your interview.

More good info.

My fiance's kids are illegitimate so there is no worry about consent. Also there is no conflict between parents, as the dad abandoned them 5 years ago. Thanks for your research.

Thanks, no she wasn't married prior.

Hi All,

I am looking for the sample letter that a parent writes that gives their consent for their child to immigrate. This would be for my fiance's ex to consent for his kids. I dug around in the K-1 section but could not find it. Thanks for your help.

Just a few comments.

Regarding the red flags, it is common for CO's to deny because of them, even though there is no legal basis for doing this. Technically a denial on a red flag or flags is just supposition and not factually based. Denials by regulation are required to be factually based, but it is common for them to ignore their own regulations. This is the reason so many of these types of denials are overturned upon appeal. The problem is that the wait is horrendously long. So, if you wait and appeal, you will probably be successful, but can you stand the wait.

The real reason for the denial is most likely just a test to see if you two will stick with it and keep trying. This in itself helps to validate your marriage. If you reapply, and update all of your contact information, I believe that you will have a much better chance next time.

A big red flag with the consulate at GZ, is your ability to communicate. You mentioned that both of you speak Cantonese, so make sure that it is known that you both communicate this way. If your emails and letters are in Chinese print the originals along with the translations. This way it is clear to the CO that you truly do communicate.

I recommend that you have an attorney who is experienced with GZ, help you and your husband with the reapplication submittable. I recommend Marc Ellis. He has helped many friends on the Candle for Love website overcome denials such as yours.

If I were in your shoes, I would reapply soon.

Best of luck

We got the White Slip from GZ. I plan on appealing the refusal once the file is back with the USCIS. My question is this. Can I file a Freedom of Information (FOIA) request for the consular notes at this time, or must I wait until I get my notice from USCIS? I am asking because in reading the INA, it says those notes are exempt, but I am wondering if there is an exception.

I'm guessing that you married in China. If so, there was no legal name change. They don't usually do that. So put her Chinese family name. Attach an explanation that you made the mistake on the I-130.

Take extra blank documents

Go over all submitted documents with you SO

Organize the documents for your SO. I recommend the "kitchen sink approach on CFL: http://candleforlove.com/forums/index.php?showtopic=11500

Go over the 95 questions at CFL: http://candleforlove.com/forums/index.php?showtopic=3131

Can't think of anything else. Good Luck!

Hi EGM, It is easy to get fearful after reading some of the horror stories on these web sites. The main thing is to establish a strong relationship, and to have submitted errorless documents. Don't get in to a panic. VO's will look at how many times you visited, pictures, financials, correspondence etc. This will tell them how strong the relationship is.

Your wife does not have to have her immunizations until she adjusts status.

Your daughter needs to have her immunizations in order to enroll in school.

They can get shots from any doctor. Check with your local department of health. Often times you can get low cost shots there.

Hi Tom,

IMHO save your money. Chances of getting a tourist visa are pretty slim. If I were you I would start the K3 visa process: I-130 followed by the I-129F. This is your quickest route. Another choice is the IR-1 visa. It takes a little longer, and is a little cheaper overall. If it is important to your wife to work soon after arrival, she can with the IR-1.

Good luck! Be patient.

I want to second what Tom and Pushbrk said. Don't delay in getting the Lawyer in Guangshou. If you wait, and they return the petition, you are in for a long wait.

Hello everyone!

I have a few questions if anyone has the time. A little information first, I (US Citizen) was married in Shanghai China in January and now i am starting the K3 visa process. I understand, or atleast I think I need to start with the I-130. I have the I-130 filled out, also the g325a for myself and for her. Question 1 is concerning the "form submitted in connection with" box, I assume I put I-130 in hers and mine? Second question on the I-130 checklist when it mentions "copies" such as marriage certificate and birth certificate does it just mean normal photo copies or certified copies. Thanks in advance to anyone who can help. Also if any US citizen has brought a Chinese wife or husband over and can offer any advice it would be great. Oh one last question i am trying to find out how much I need to make the check for, and to whom. This whole process seems to be a big pain in the rear!

DSJS to answer question 1. Yes you put I-130 and check the box for other

Question 2. The fee is $355.00 a according to the USCIS wesite.

If you are not familiar with the USCIS website, you should be. Go there and do some research. At the main page click the link above that says forms. You can look up all the info on all the forms there. The fee of $455 is for the I-129f for a fiance visa.

We are K3 wifes I129F expires first of Oct this year.

Still have no P2 for I130 just found out I130 got

transfered to CA. USCIS on the phone now 2 times

says so, go ahead and file AOS and I539.

Without P2 for I130 we keep asking? Yes

they say. They say wife will still be legal

by doing this. OK so we file these spend

$1010 for aos and another $300 for I539

you people wont come back with a RFE

for P2? And give us 30 days or be denied?

And my wife will then be illegal since within

30 days it cant be done due to you?

Sorry but we can only give general data.

OK so thats not in the general data catalog?

No sir it's not. What a bunch of #######!!!!!!!!!!!!

She has sat here almost two years now, cant

work, cant drive cant do nothing and now this.

Anyone in the same pit? What did you do?

Hey Buddy,

This sure can be frustrating can't it? One thing that is not making sense to me is how did your 129F (K3) get approved without the NOA2 for your I-130. You can't file a 129F K3 until you get the NOA2 for the I-130. Did you mean the she came as a K1?

I think that what they meant at UCSIS about her being legal, is that after you file the paper work, she is legal even if your current papers have expired.

OH, and on that note...

this may be a stupid question but when applying...

How does CIS know that you're applying for the IR-1 visa and not just the K3???

OH... and while I'm at at, what would the approximate time difference be?

I know, I know... but you were ALL like this when you started this procedure. I just find there's so much i nformation

out there and it's really hard to round it all up to make perfect sense. Like rounding up cats, really.

and I'd also like us to be able to enact this process well, calmly and with little error as that appears to be the main

reason for delays.

YOur answers and patience are really appreciated.

The K3 and the CR1 both start with the I-130. If you are married less than two you file for a CR1. The K3 is a little faster at some consulates. check the timelines for this info. The CR1 is cheaper in overall cost, and there is less paper work overall. Good luck.

Just to second what walls said, the 156 and 156K are part of the K1 packet, and are required. You can verify on the Guangzhou website:http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm

hey maybe I missed something , reading over the I-765 it says $340 is that right/ plus the $1010

also does anyone know about question 16, I got very confused on that part. thanks

Hi Dan, Regarding question 16, you must look at or download the instructions for I-765. You must pick a category (Probably 6 which is family based petition, then chose the correct sub categories on the form to fill in the blanks.

About the fee: "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485f".

We're very frustrated.

I'll make is short and sweet for you.

My wife is Shanghainese.

We started the CR1 visa July of 2007.

It took a while for many reasons, police reports, we had a baby stuff like that.

We got married in the states in July 2006.

She had a tourist visa at that time.

I've been working in Shanghai for 4 years, lived in China for a total of 5 years.

All the stuff with the America consulate and government were relatively quick.

We were not in a rush for this to happen since the baby was coming and now has come.

He was born in December.

Police reports took forever...but that's another story.

Medical check up early July 2008.

Visa interview in Guangzhou July 23rd 2008.

We got a blue paper. 221(g) reasons. It said, "Petitioner must verify US domicile as per regs / 9 FAM."

I was annoyed. She was annoyed.

My folks were annoyed her folks were pretty happy! We will stay with them longer and they can be with our boy a bit longer.

There were more papers with the BLUE paper... spelling out DOMICILE.

Since I haven't been in America for a while I have no DOMICILE... I have to establish one.

THere are things that they suggest to ESTABLISH a domicile.

get a job. DONE.

Open a bank account. DONE a long time ago.

Transfer funds to the states. Working on that...

VOTING or planning to vote. NO COMMENT.

THey say that there is no need for another interview just send the stuff.

Then they will tell us the next step.

My folks plan on using a LAWYER.

Couple questions:

1. Is there a need for a Lawyer at this point? Do you all think that will help, hinder, ruin, support, expedite the whole process?

2. Have any of you had the BLUE paper with the 221(g) reason and if so HOW LONG did it take to actually get the visa...

3. Why oh why was this DOMICILE issue not in the paper work. I would've done this if it was in there... SO ANNOYING!!

4. It's pretty much August 2008, when do you think we'll be going to the states.

5. What do you think the next step is??

Hi Magnus,

I am just a beginner here, but with the blue you just have to provide them with what they are asking for. Can you just give your parents address as a domicile? Once you are in the states you can move to your own place.

ok, i am not to this point yet, but i am trying to help my wife's friend. if you know anything at all, please respond.

Her package was sent from NVC to GUZ consulate (i don't htink the particular consulate is of importance). she says that there is a tracking number on the package that should help her track it to GUZ. she believes that it is far too long and maybe is lost. maybe she is overly worried, but i said i'd ask anyway.

question 1. is this true? is there a tracking number on the package from nvc to consulate?

question 2. if it is true, is there any way to find out that number if you don't have it already?

question 3. if it is true, and you have that number, how do you track it? i mean, where to go on the net to track that package.

i appreciate any information at all, even if you can't answer me directly.

thank you all in advance

Here's how you check the DSL:

First, get the date of the letter from the NVC that says the packet is being sent.

Second, go to DHL website and click track by reference.

Third, put in the date of the letter: for example: EXP 25 MAY 2008B packages to China end in B

Fourth, put in the pickup date range: 25 may to 29 may.

Fifth, click track

If we don't hear back from you, we will know that it worked. Good Luck

hello, wow 9 days till joan gets here!!!! I thought all that time we waited was the hard part, but the last week has really been tough, guess the closer it gets im just so excited and nervous! guess who has to put the wedding together we have both been on edge, its starting to sink in with her the last week, packing seeing friends the last time, she is very close with her mother, she loves me and wants to come here, but such a big change, she wants a western wedding that has been one of the problems, I have only been in this city for 9 months, so doing the best I can, are reception will be like a chinese wedding. guess I should clean house, and get a few things for her.

any thoughts from members out there?

I know we have much to do yet with the aos, but we can do that together now

thanks dan

H Dan,

Congratulations on your upcoming wedding! Can't help you with that, but here is some help for you to prepare for your fiance: http://candleforlove.com/forums/index.php?showtopic=4673

You will enjoy reading it, plus it is good advice. Best of Luck.

my fiancee had her interview earlier and they gave her a blue slip because they thought our relationship was not real. we had all evidence and she answered all questions correctly. I am so pissed they forced her to use a translator after she answered a few questions in english and then the translator told her to answer in vietnamese because it would be faster.

rodney

Hi Rodney, The VO was either inexperienced or just jerking you around. The K-3 visa is where you have to demonstrate a bonified relationship ie marriage. Here is a case from the USCIS website that clarifies what is needed to qualify for a fiance visa. To summarize the requirements it says that you have to have met in person in the previous two years, That you have demonstrated that you want to get married ( your letters of intent), and that you are able (ie single or divorced) to get married within 90 days. Good luck with this.

PS if you want to look this up yourself and see the actual order go to the USCIS homepage and click Laws and Regulations at top, then click on Administrative Decisions, The one on the left, then click the Adiminstrative Decisions at the bottom of the paragraph, then scroll down to D6. This case was from Jan, 07. Bring this up yourself, have your senator do it, or give it to your attorney.

PUBLIC COPY then

U.S. Department of IEomeland Security

20 Mass. Ave., N.W., Rm. 3000

Washington, DC 20529

U.S. Citizenship

and Immigration

k

FILE: Office: NEBRASKA SERVICE CENTER Date:

LIN 05 023 53986 JAN 0 8 2007

PETITION: Petition for Alien Fiance(e) Pursuant to Section 101(a)(15)(K) of the Immigration and

Nationality Act, 8 U.S.C. 5 1 101 (a)(lS)(K)

ON BEHALF OF PETITIONER:

INSTRUCTIONS:

This is the decision in your case. All documents have been returned to the office that originally decided your

case. Any further inquiry must be made to that office.

Robert P. Wiemann, Chief

Administrative Appeals Office

Page 2

DISCUSSION: The Director, Nebraska Service Center approved the nonimmigrant visa petition but

subsequently revoked that approval. The matter is now before the Administrative Appeals Oflice (AAO) on

appeal. The appeal will be sustained. The director's revocation of the approved petition will be withdrawn.

The petitioner is a citizen of the United States who seeks to classify the beneficiary, a native and citizen of

Albania, as the fiancke of a United States citizen pursuant to section 1 Ol(a)(l 5)(K) of the Immigration and

Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(15)(K).

The director revoked the nonimmigrant petition after determining that the petitioner had failed to submit

sufficient evidence to establish that she and the beneficiary had a "bonafide relationship." The director cited

concerns raised by the beneficiary's interview with a consular officer at the U.S. Embassy in Tirana, Albania,

subsequent to Citizenship and Immigration Services' (CIS) approval of the petition benefiting him. Decision of

the Director, dated April 3, 2006.

The issue before the AAO is whether the petitioner has overcome the grounds for revocation.

Section 1 Ol(a)(l 5)(K) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 101(a)(15)(K), provides

nonimmigrant classification to an alien who:

(i) is the fiance(e) of a U.S. citizen and who seeks to enter the United States solely to conclude a

valid marriage with that citizen within 90 days after admission;

(ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the

beneficiary of a petition to accord a status under section 201(B)(2)(A)(i) that was filed under

section 204 by the petitioner, and seeks to enter the United States to await the approval of such

petition and the availability to the alien of an immigrant visa; or

(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following

to join, the alien.

Section 214(d) of the Act, 8 U.S.C. 5 1 184(d), states, in pertinent part, that a fianck(e) petition:

. . . shall be approved only after satisfactory evidence is submitted by the petitioner to establish

that the parties have previously met in person within two years before the date of filing the

petition, have a bona fide intention to marry, and are legally able and actually willing to conclude

a valid marriage in the United States within a period of ninety days after the alien's arrival. . . .

The petitioner filed the Petition for Alien Fiance(e) (Form I-129F) with Citizenship and Immigration Services on

November 1, 2004. It was approved by the director on February 11, 2005, but returned to CIS following the

beneficiary's interview at the U.S. Embassy in Tirana on August 26, 2005. The Department of State consular

officer who conducted the interview determined that the beneficiary was not eligible to receive a visa because his

relationship to the petitioner was not "bonafide" and he, therefore, did not have "the required family relationship

or civil status to qualify for the immigration category sought."

The director issued a notice of intent to deny, requiring the petitioner to submit evidence within 60 days to

establish her relationship with the beneficiary. Decision of the Director, dated November 15, 2005. The

Page 3

petitioner responded to the director's request on January 4, 2006. The materials provided by the petitioner to

establish the genuineness of her relationship with the beneficiary included: a letter written by the petitioner

stating her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent

money to the beneficiary.

On April 3, 2006, the director revoked approval of the Form 1-129, stating that, the petitioner had failed to

respond to the Service's request for evidence. On appeal, counsel asserts that the petitioner had timely submitted

additional evidence and provides the USCIS Case Status printout in support of this assertion. Form I-290B. As

the USCIS Case Status printout shows, the applicant submitted additional evidence on January 4,2006. As such,

the AAO will consider the evidence to be timely. Counsel re-submitted the letter written by the petitioner stating

her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent money

to the beneficiary.

Section 214(d) of the Act states that CIS shall approve the Form I-129F when a petitioner submits evidence to

establish that helshe and the beneficiary have met within the two-year period immediately the filing of the Form

I-129F, have a bonafide intention to marry and are legally able and willing to marry within 90 days of the

beneficiary's arrival in the United States. In revoking the instant petition, the director appears to have imposed an

additional requirement on the petitioner - establishing the genuineness of her relationship to the beneficiary.

However, no such requirement exists for the approval of a Form I-129F and the AAO finds the director to have

erred in imposing it. While section 2 14(d) of the Act stipulates that the petitioner must establish that she and the

beneficiary have a bonafide intention to marry, this language is not synonymous with a requirement that the

petitioner establish the closeness of their relationship. The AAO has found nothing in the record to indicate the

petitioner and beneficiary do not intend to marry within 90 days of the beneficiary's arrival in the United States.

The AAO notes the concerns expressed by the consular officer and, subsequently, the director regarding the

beneficiary's lack of a close relationship to the petitioner. However, as just noted, section 214(d) of the Act does

not require the beneficiary to be knowledgeable regarding the petitioner or her history, nor that CIS evaluate the

closeness of the fiance(e) relationship before approving the petitioner's Form I-129F. Instead, it allows for the

approval of the Form I-129F when the petitioner and beneficiary have met no more than once during the two-year

period preceding the date of filing and may never have met previously. Accordingly, the reservations expressed

by the consular officer and the director are not probative for the purposes of these proceedings.

The director's revocation of the instant petition is based solely on the petitioner's failure to submit sufficient

evidence to establish the genuineness of his relationship to the beneficiary. As the director erred in imposing such

a requirement on the petitioner, the AAO finds the petitioner to have overcome the basis for the director's

revocation of the instant petition. Accordingly, the AAO will sustain the petitioner's appeal and withdraw the

director's revocation of the petition.

The burden of proof in these proceedings rests solely with the petitioner. Section 29 1 of the Act, 8 U.S.C. 5 136 1.

The petitioner has sustained that burden.

ORDER: The appeal is sustained. The revocation is withdrawn. The petition is approved.

HI i hope some one can help or give advice.

i received notice on june 12th that our visa was approved and being sent to China. it has been 39 days and she has not heard anything. the embassy say that they have only received notice that it was coming but has not received the case yet. is this typicail? is there anyway for me to follow up and find out wht the hold up is?

thanks!! waiting but not pataintly :]

Guangzhou is notoriously slow about opening their mail. You can expect an average wait of about 60 days. If it gets there sooner celebrate. You can call the NVC at 202-663-1225 after the answer input 1 and then 0 to get through the menus quicker. They will ask for your SO's name and number, which will start with GUZ . It is on the letter that you received from the NVC.

Best of luck

I am qualified, Why Cant I translate?

You have a conflict of interest. In other words the government thinks you might not be honest when you translate.

As weird as it sounds I received email from USCIS about my case. I need to submit some proof that would be in Russian. And this statement kinda got me stuck. What document can I send them to prove that I am competent to translate?

"If you submit a document in any language other than English, it must be completely translated. The translator must certify that the translation is accurate and that he or she is competent to translate."

You have to get someone qualified to translate the document for you. Just do a google search for your are and you can find a translator.

Hiya people, I have read the guides and all the information regarding a expidite request. I am wondering if our case would have a chance of one. As some of you may know in another post of mine, I am in litigation with workers comp. I am unable to return back to my previous kind of work. With the labor market like it is and my job related skills, (I installed heating and cooling system in commercial and residental buildings), from the time I got our of the Army this is all I have done. Before my accident I was making just over $40,000 a year. But now I am having to look for work with no pratical skills in a job market that really sucks. Once the litigation is done I will have enough money to live on for 2 years plus go to school to get a better job. Right now I am finding it real hard to support 2 household.

Now the details: my wife lives with her family in the Phillipines but she does have bills and contributes to the house hold. She is pregant and was advised by her OBGYN to not work as she is in the higher risk of pregancy group due to past family history, so I send her money to pay for her bills,food and share of the bills. I am currently staying with my dad taking care of him after my mom passed away last year. I have my own bills, car payment,insurance and such. My income is down to hardly anything and things are going to start getting scary. My dad is going to help me out and I will pay him back once i settle but I dont feel good about that.

Based on all this information, would I have a chance at a expidite or am I just experiencing wishful thinking? Thanks for taking the time to read and answer.

Wishful thinking, IMO. At best, you've stated a reason to deny the visa based on public charge concerns.

I second what Pushbrk says, and would like to add this: First, without the expedite parole it is going to take longer, so take a breath and accept that. The good thing is that the consulate in the phils processes things faster than Guangzhou, China. Second, you will need to have you dad or someone with more money to co-sponsor your wife. That will overcome the public charge issue that PB brought up. Read the guides, be patient, and things will work out.