WorldTraveler

Sorry all...I don't want to confuse anybody. I should have stated:

I have uncovered that my wife had commited Adultry while she was married to me in China, K3 VISA was approved, daughter born in the US as the result, conditions were removed in December 2009.

Thanks all,

Burnt Heart!

Hello,

I have uncovered that my wife had commited Adultry while she was married to me in China, K3 VISA was approved, Conditions removed in December 2009 and a daughter born in the US as the result.

Here is a brief timeline. Sorry I cannot write much now as this eating me inside and out. I don't believe she is aware what I already know and I am just playing the game until I am ready to act.

We were married in March 2006 and I petitioned her under the K3 process. Her K3 was eventually approved and she arrived in the US in May 2007. We had a daughter about 6 months after she arrived. If I count the timeline of when my daughter was born, it would have fallen somewhere in that time frame I was there so I didn't think much of it. Of course, the adultry had taken place during that time frame. Going through the whole K3 process she received the Pernament Resident Card this past December 2009. She went back to China recently in March 2010 but she seemed to be different person which came back which made me suspicious. This led me to finally have a basic DNA test performed which turned to negative, I NOT being the father.

What I am hearing she married me to get the greend card, eventually citizenship so she can divorce me and petition the real father over.

Would Immigration see this marriage as a fraud? What are still my obligations? I am the process of getting the required evidence (and getting another DNA test for court/Immigration admissible evidence) and divorce but what about Immigration? I want to be as ready legally as possible before I do my reveal.

I live in the state of Illinois so if anyone has suggestions on what I should be doing or not, please post it here.

Thanks all in advance,

Burnt heart!

Hello,

I am asking this question on behalf of friends. For those of you who have gone through this, about how long does it take to petition under 21 children of a US Citizen from China? Meaning, from start to when they will arrive in the US. Correct me if I am wrong, this is called IR-2?

Thanks much,

Doug

Hi,

I am posting this question for a couple who has gone through the AOS process. He has received the I797 Notice of Action that is GC was approved without an interview and it will be mailed within 3 weeks. However, it has gone way past the date. I am helping them fill out an I-90 to replace the "Never Received GC" and I have a question about Part 3, Processing Information where it ask "Date of Admission as an immigrant or Adjust of Status". Since the couple never needed to go for the AOS interview and the GC was never received, what date do I use? Perhaps the I797 Notice Date?

In addition missing card. the I-797 has their A# as incorrect. I would assume the error would be incorrect on the GC if it had been received. On the original I-485 application it was correct. I plan to include a letter explaining this error.

Thanks in advance!

Doug

Hi All,

Is it possible to petition for my In-Laws (Mother/Father or both) for Pernament Residence and I am a US Citizen? I always thought only children who are US Citizens can petition their parents. Therefore, I am asking the question to set the record straight.

Thanks in advance,

Doug

Hello all,

I am helping a relative fill out paper starting with I-130. I am kinda stuck on how to answer Question 15 which ask about the present employer and when this employment began. My relative does not work any more so I will put "none" for present employer. Do I still put down when my relative started this job even though he/she is no longer working?

Thanks for any recommendations!

If I rethink the question again about when this employment began, since he/she isn't working, the employment date should be N/A.

Hello all,

I am helping a relative fill out paper starting with I-130. I am kinda stuck on how to answer Question 15 which ask about the present employer and when this employment began. My relative does not work any more so I will put "none" for present employer. Do I still put down when my relative started this job even though he/she is no longer working?

Thanks for any recommendations!

Hi everybody,

I need some advice about a relative who has recently been denied a K1 VISA at the Guangzhou Consulate due to not proving her bona-fide relationship. There's a long story behind this which I am only getting it second wind of and I believe it is more not providing enough evidence. This happened back in December 2008. There has not been a offical document received by the petitioner from Guanghouz about the VISA denial. Since then, he (petitioner) has gone back to China in February 2009 to finally marry her.

1) Can he go ahead and now file for K3 for his wife or has to wait for the official document to arrive about his previous filing being denied?

2) And if filing for K3, on the I-129F Question 11, how does he answer the question, place of filing? Meaning Guangzhou? How much detail does he have to explain about the result of the denial?

Thanks much,

Doug

There is no age restriction. That would be discrimatory, however, the parents have to show that they do not have health problems so severe they are likely to become a public charge if the petitioners income is not sufficient or reaching only the minimum requirement . If some have been denied it is likely due to severe health problems rather than their age coupled with limited financial support. The immigration Doctor that my parents called a while ago told them that even though my Dad is nearly 75 years old, they do not exclude parents that have condiitons normally associated with old age and as long as any medical condition is reasonably stable and treated, they will not discriminate based on age alone.However I expect the consular officer will probably look a litle more closely at the financial situation.

It won't be any different in China, the rules are not country specific as that would be unfair as well. That said we are all a bit nervous because my Dad has a stable and treated heart condition and they both have medicated but stable high blood pressure, my Mum is 67 years old. The thing we have in our favour though is that they are solvent and self supporting with considerable assets and my financial situation is OK as well. Not only that I am a registered nurse, so no nursing homes for them!

I would say if your parents are in reasonably good health less the usual things associated with being over 70 and you have a reasonable income or they do or both, then you shouldn't worry about it at all. There is health insurance available for elderly immigrants that I have found which of course doesn't cover exisiting conditions, so we will have to pay for my Dad's cardiologist etc but if you ever need it, its called elderly immigrant inbound insurance and it will cover them until they get their US citizenship or for 5 years and they can buy medicare. Its the only private health insurance out there that will cover anyone over 65 years old and it pretty reasonably priced.

Thanks for the insight as you said, it would be discrimatory. Sometimes what people see they formualate a opinion and somehow it becomes fact. I'll stayed tuned if anyone else want to add their feedback.

Indeed rumor is rife. Also when you think about it logically if this was actually fact and there was a blanket block to anyone over 70 years old, my parents wouldn't have got past the first stage, someone would have said "sorry, we don't accept petitions on anyone over 70 years of age"

Yep...putting this all behind us now and moving forward with a positive attitude!

There is no age restriction. That would be discrimatory, however, the parents have to show that they do not have health problems so severe they are likely to become a public charge if the petitioners income is not sufficient or reaching only the minimum requirement . If some have been denied it is likely due to severe health problems rather than their age coupled with limited financial support. The immigration Doctor that my parents called a while ago told them that even though my Dad is nearly 75 years old, they do not exclude parents that have condiitons normally associated with old age and as long as any medical condition is reasonably stable and treated, they will not discriminate based on age alone.However I expect the consular officer will probably look a litle more closely at the financial situation.

It won't be any different in China, the rules are not country specific as that would be unfair as well. That said we are all a bit nervous because my Dad has a stable and treated heart condition and they both have medicated but stable high blood pressure, my Mum is 67 years old. The thing we have in our favour though is that they are solvent and self supporting with considerable assets and my financial situation is OK as well. Not only that I am a registered nurse, so no nursing homes for them!

I would say if your parents are in reasonably good health less the usual things associated with being over 70 and you have a reasonable income or they do or both, then you shouldn't worry about it at all. There is health insurance available for elderly immigrants that I have found which of course doesn't cover exisiting conditions, so we will have to pay for my Dad's cardiologist etc but if you ever need it, its called elderly immigrant inbound insurance and it will cover them until they get their US citizenship or for 5 years and they can buy medicare. Its the only private health insurance out there that will cover anyone over 65 years old and it pretty reasonably priced.

Thanks for the insight as you said, it would be discrimatory. Sometimes what people see they formualate a opinion and somehow it becomes fact. I'll stayed tuned if anyone else want to add their feedback.

Hello everybody,

I am asking this question based on rumors I have heard and I wanted to know if is indeed happening.

I have heard US Citizens have been trying to petition their parents in China to come to US have been denied. I don't have any information on why they were denied but the fact, they were at least 70 years or older. I cannot find any documented age restriction (existing or proposed) for parents residing in mainland China. Rumor or fact?

Thanks for anyone sharing this experience.