Author Topic: End of the road  (Read 205465 times)

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Offline Willy The Londoner

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Re: End of the road
« Reply #240 on: December 14, 2011, 07:52:50 pm »
Just heard on BBC news that something is happening in a section of the province so maybe the reason why it has been restricted of late. Nothing too serious.

Willy
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Now in my 12th year living here,

Offline Pineau

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Re: End of the road
« Reply #241 on: December 14, 2011, 08:18:03 pm »
The internet is back up at our house.
The problem was some construction was goint on and some boy fell into a hole into the underground.  she said they had to dig a big hole to rescue him and in the process tore up a lot of utilities. At least that is the story Fiona got from the internet provider.
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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Offline Pineau

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Re: End of the road
« Reply #242 on: December 22, 2011, 03:02:01 am »
I am heading back to Guangzhou on Jan, first.  I hope I can bring them home with me this time. I am predicting a favorable decision sometime in Jan. and a run for the border in Feb. Maybe wishful thinking but that's my hope.

I am taking my tax returns for the last three years and an affidavit of support form. They already have just about every other document I  could think of.

Anything else I should carry with me?

Does electronic processing apply only to her or can I also use it to send in the affidavit and other correspondence with NVC?
« Last Edit: December 22, 2011, 03:10:17 am by Pineau »
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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Arnold

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Re: End of the road
« Reply #243 on: December 22, 2011, 11:03:29 am »

Does electronic processing apply only to her or can I also use it to send in the affidavit and other correspondence with NVC?

For Qing's Son , my Lawyer recommended to do it electronically this time and it is much faster for us . No going to Post Office sending it registered Mail and wait . Also we can start on Part two ( NVC ) right away . Pay them the same way . Nice .

Offline Pineau

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Re: End of the road
« Reply #244 on: December 30, 2011, 12:27:55 am »
Oh my gosh, another snag. Does it ever end. This morning I was gettin the Affidavit of support ready just to get the jump on things.  When I got to the line for income I was dumbfounded. They are not asking for how much money I brought in but they wanted the adjusted gross income from your last tax return. Well that's a negative number for me. Most of my income for that  year was not taxable so it did not get counted in the tax return.  I  showed a loss  because of my rental property.  So I can't very well put a negative number on the affidavit for my total income.  I talked with my tax guy (who also does immigration service) and he said I will probably be denied unless I had a very good explanation (and proof) or  I showed significant assets or I had a cosponsor.  Any which way I choose to go I smell another 60-120 day delay.

I don't know if it would have made any difference but I am kicking myself for not starting the affidavit sooner. I have suitcases packed and a one way ticket to Guangzhou leaving on Sunday morning.

I am not a rich man but not a poor one either. I know without a doubt that I can support myself and two others very well. I just cant prove it with an income tax return. Any advice on  which way to go. 
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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Vince G

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Re: End of the road
« Reply #245 on: December 30, 2011, 08:13:18 am »
I don't know your whole situation. Are you incorporated? Is there a income from that rental property, etc and I don't need to know. That tax guy should have known what loop to use? Maybe get a hold of a good accountant that can come up with a solution?

I've always had this same problem (personal income on tax return). Company pays most or some of the bills which makes it not a personal income? I was looking into this myself on what can be presented to show support on the visa?

We have an accountant here? Shoot a PM to lfputman3 maybe he has an answer?

Offline Pineau

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Re: End of the road
« Reply #246 on: December 30, 2011, 12:44:38 pm »
Thanks guys. Line 22 is also negative.

I am out of time so I am dumping everything in my accountants lap this afternoon.
He plans to list all my cash and assets and hope that is enough to sway a favorable decision. If it gets kicked back we will find a cosponsor.

I am getting ahead of myself. We still don't have the USCIS blessing of a bonafied marriage.
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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Offline Pineau

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Re: End of the road
« Reply #247 on: December 30, 2011, 01:16:06 pm »
Cool ! thanks Robert. I got it covered many times over. I will stop worring so much now. But not for long. I think worry is my middle name. 
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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Offline Pineau

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Re: End of the road
« Reply #248 on: January 15, 2012, 06:26:19 am »
I have read the answer to this somewhere before but now I cant find it.

In regards to Katie's (stepdaughter) i-130 petition. Nowhere do they ask for the non custodial parent's permission for the child to immigrate...BUT! 12 years ago I was asked either by the NVC or Guangzhou embassy (don't remember which) my stepsons natural fathers permission.

So now I am scared about yet another surprise from the USCIS and another 60 day delay.

I have my stepdaughters petition with all the mentioned required documents ready to mail back to the USCIS.

Now my multi- part question. 
1a. Is it really required? by who? the USA or Chinese government?
1. should I wait until I get the natural fathers permission and mail it along with the petition or wait until they ask for it?
2. is there an official form for this permission?
3. He is Hong Kong. We will be processed out of Guangzhou. Should we get it notarized in Hong Kong or have hime come here to Guangzhou.

Fiona seems to remember that he should come to Guangzhou but she is not sure.

Just a side note. The document that they said they needed and that I have sent to them over 60 days ago. I looked at the original petition that I filed way back in March 2011, and guess what. It was right there in front of them but they overlooked it somehow. That mistake cost us another 60 days and another round trip airfare. (Im shaking my head and rolling my eyes right now).

« Last Edit: January 15, 2012, 07:22:53 am by Pineau »
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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http://www.youtube.com/user/gerrypineau/videos
http://youtu.be/zG4eoONlutE

Vince G

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Re: End of the road
« Reply #249 on: January 15, 2012, 09:51:12 am »
Pineau, one thing you have to remember is both countries will want proof or the fathers consent to make sure the child isn't being kidnapped, sold to slavery or the sex trade. I'll leave the rest to the more knowledgeable on the subject.

Offline Robertt S

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Re: End of the road
« Reply #250 on: January 15, 2012, 10:12:13 am »
I have read the answer to this somewhere before but now I cant find it.

In regards to Katie's (stepdaughter) i-130 petition. Nowhere do they ask for the non custodial parent's permission for the child to immigrate...BUT! 12 years ago I was asked either by the NVC or Guangzhou embassy (don't remember which) my stepsons natural fathers permission.

So now I am scared about yet another surprise from the USCIS and another 60 day delay.

I have my stepdaughters petition with all the mentioned required documents ready to mail back to the USCIS.

Now my multi- part question. 
1a. Is it really required? by who? the USA or Chinese government?
1. should I wait until I get the natural fathers permission and mail it along with the petition or wait until they ask for it?
2. is there an official form for this permission?
3. He is Hong Kong. We will be processed out of Guangzhou. Should we get it notarized in Hong Kong or have hime come here to Guangzhou.

Fiona seems to remember that he should come to Guangzhou but she is not sure.

Just a side note. The document that they said they needed and that I have sent to them over 60 days ago. I looked at the original petition that I filed way back in March 2011, and guess what. It was right there in front of them but they overlooked it somehow. That mistake cost us another 60 days and another round trip airfare. (Im shaking my head and rolling my eyes right now).

Pineau,
          The father's permission will be required and presented to the consulate when she goes for the interview. The following is what is needed to be sent with the I-130 .

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative
A copy of your birth certificate or U.S. passport
If you were not born in the U.S., a copy of either:
      your Certificate of Naturalization or Citizenship or
      your U.S. passport
A copy of the child's birth certificate showing the child's name and the names of both parents
A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)
A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Here is what Guangzhou says about what evidence they require for the interview.

I'm divorced and applying for an immigrant visa. Do I need permission from my ex-spouse to take our child to the United States?

The Consulate generally accepts either a notarized copy of the custody agreement currently in effect, or a notarized statement from the ex-spouse giving the child permission to travel. This requirement can vary, however, according to the circumstances of each case, and is ultimately at the discretion of the adjudicating consular officer.

Best Wishes, Robert

P.S.    I would wait until Fiona received her NOA2 for her I-130 before sending the child's I-130. The reason being is you should be able to request an expedite for the child's petition based on the fact that the mother has an approved I-130 at this time. You should do a cover letter for her petition and write in BIG RED letters EXPEDITE PLEASE, MOTHER has an APPROVED I-130 already and list the receipt number of her mother's approved NOA2 letter. :)
« Last Edit: January 15, 2012, 10:32:34 am by robertt snellgrove »

Offline Pineau

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Re: End of the road
« Reply #251 on: January 15, 2012, 07:53:07 pm »
It makes me a little nervous to wait to file it but maybe you are correct. Big red letters would perhaps wake them up.

The bone head in Guangzhou that translated the divorce decree said the ....child has been in the custody of the mother,,, rather than the mother is given full custody of the child.  I think we need to go back to the notary office and have it made perfectly clear that she has full custody. In addition we are going to Hong Kong and paying a visit to the natural father.
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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Offline Robertt S

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Re: End of the road
« Reply #252 on: January 15, 2012, 08:37:12 pm »
 Once your wife's I-130 is approved at USCIS and forwarded to NVC you will be in a better position of getting the expedite approved for the daughter's petition because of her mother's approved petition creating a potential family emergency, which is one of the grounds used to determine eligibility for expedites. You will have the ability to control the speed of the process at NVC, because they have to wait on you and your wife to complete and send all the required documents for processing to continue. The approved I-130 for your wife never expires ( the fees and some documents do though after 1 year) If the daughter's I-130 is expedited and then joined with her mother's I-130 then they will interview together and hopefully receive their visas together. You should make it very clear in the expedite request that the mother has sole custody and leaving her behind is not an option. You are the one that needs to delay your wife's processing long enough to allow the daughter's petition to be approved and forwarded to NVC to be joined with her mother's case. Once the cases are together at NVC then opt in to the electronic processing. With the cases joined together you will only have to pay 1 AOS fee, but you will have to pay every fee for the daughter that you pay for the mother. ie... IV fee, medical, EMS fees. I hate to mention this as a reason also, but if for some reason her mother's case is not approved at USCIS then you will have lost another 420 dollars by sending in the daughter's I-130 petition since her petition will be denied also. I am listing the guidelines USCIS uses for determining expedites.

 Please keep in mind that expedite requests for applications and petitions will be considered based upon the following criteria:

    *
      Severe financial loss to company or individual
    *
      Situations of extreme emergency
    *
      Humanitarian situation
    *
      Nonprofit status of requesting organization advocating the cultural and social interest of the United States
    *
      Department of Defense or National Interest Situation (Note: Request must come from an official U.S. Government entity, stating that delay will be detrimental to the U.S. Government.)
    *
      USCIS error
    *
      Of compelling interest to USCIS

I high-lighted in red the reason your expedite may be considered.     Best Wishes and Good Luck, Robert

Offline Pineau

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Re: End of the road
« Reply #253 on: January 15, 2012, 10:23:11 pm »
Thanks again Robert. If you want to apply for a position at the embassy in Guangzhou I will give you a letter of recommendation.

I am having a blast here. We have been married a year and still discovering each other. Sometimes we laugh so hard we cant breathe and need to stop and rest. 

The washing machine is broken. It will wash and rinse but wont go into the spin cycle so we have to wring out the water by hand.  I am helping her but she thinks I am doing a lousy job. Each piece I do she can pick up and do again and get more water to come out.  So I got fired and sent back into the house to play on the computer. :-) Then she realized I was doing it on purpose and was trying my best to get fired. She looked at me and said I know what your doing, come back here and finish. I said my mother didn't have any stupid children. We laughed for 5 minutes.

She is far from perfect but she is the best I have ever experienced.  Same goes for me. I have many faults but I am head and shoulders above anyone else she has ever been with.  I hope she is my last wife !!!

Being in China for the past year had really worn me down. I miss home very much. But at the moment I am enjoying being here. I am beginning to think more Chinese and that's kind of scary. I can understand the way the Chines think. I can take China in small doses but I am becoming more tolerant the longer I stay here.
Don’t give up when you still have something to give. Nothing is really over until the moment you stop trying.
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Offline Robertt S

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Re: End of the road
« Reply #254 on: January 15, 2012, 10:32:20 pm »
Quote
The washing machine is broken. It will wash and rinse but wont go into the spin cycle

Jump the lid switch out and see if it spins then, also inspect to make sure plastic switch arm/tripper for lid switch is not broken off!. If not you need a new selector switch for cycles.