Now she wants to bring a child!

[shaung 4]

I received the i-129F approval, it went to the NVC and she received the P-3, filled it out and sent it in. The children have been listed from day on but only one qualifies to come and he will be 21 soon. Now she wants to bring him and he wants to come. On the DS-230 we an N/A on questions 31a and 31b which says no one is coming with her. So I called immigration and they said it is still possible for a K-2 just fill it out, take the son to the consulate and see if a visa is available for him. Then she called the consulate and they told her I needed to do it. Then I got to thinking that the son will need the fathers approval. Well he gave it.

The idea of her son coming to America with her is OK with me. He is a good young man and we get along pretty good. If he doesn't come with her he will have to wait 8 years to get approval on his own so who am I to stand in their way?

So the question is, What needs to happen to make this work and not set ourselves back a year?

[pushbrk 12,898]

I received the i-129F approval, it went to the NVC and she received the P-3, filled it out and sent it in. The children have been listed from day on but only one qualifies to come and he will be 21 soon. Now she wants to bring him and he wants to come. On the DS-230 we an N/A on questions 31a and 31b which says no one is coming with her. So I called immigration and they said it is still possible for a K-2 just fill it out, take the son to the consulate and see if a visa is available for him. Then she called the consulate and they told her I needed to do it. Then I got to thinking that the son will need the fathers approval. Well he gave it.

The idea of her son coming to America with her is OK with me. He is a good young man and we get along pretty good. If he doesn't come with her he will have to wait 8 years to get approval on his own so who am I to stand in their way?

So the question is, What needs to happen to make this work and not set ourselves back a year?

First, no parental approval was needed for a child over 18 in China. Second, he can get a medical and apply for the K2 with his mother but unless he both arrives in the USA AND completes his status adjustment before his 21st birthday, he will need to leave. Is there time to get the visa, come to the USA, file for AOS, plus three months? You can ask for an expedite in an age-out situation but the marriage must occur in the USA first.

[shaung 4]

First, no parental approval was needed for a child over 18 in China. Second, he can get a medical and apply for the K2 with his mother but unless he both arrives in the USA AND completes his status adjustment before his 21st birthday, he will need to leave. Is there time to get the visa, come to the USA, file for AOS, plus three months? You can ask for an expedite in an age-out situation but the marriage must occur in the USA first.

No. She has not received her interview date yet so she is still in China. His birthday is June 7. I mean we could expedite but she would have to be here within 2 weeks.

[Darnell 8,478]

Fill out all P3 documents on the child, get the civil documents, get a medical exam, bring all to the K-1 interview date along with the mother's set.

Easy Peasy Lemon Squeezies.

[pushbrk 12,898]

No. She has not received her interview date yet so she is still in China. His birthday is June 7. I mean we could expedite but she would have to be here within 2 weeks.

Then it is most likely a lost cause. I don't expect GUZ would grant the K2 visa unless there was time to get here, marry, file and complete AOS.

Fill out all P3 documents on the child, get the civil documents, get a medical exam, bring all to the K-1 interview date along with the mother's set.

Easy Peasy Lemon Squeezies.

Not really, considering the June 7 DOB for the child.

[shaung 4]

OK we seem to have a conflict in advice here. Darnel's answer seems to be the closest to what uscis.org told me on the telephone. They said that I need to send my fiance to Guangzhou along with her son, about a 3 hour bus ride, along with his civil documents so that the consulate can talk to him and then see if there is a visa available for him. Then they tell me that I need to call the Guangzhou consulate to verify what they told me. The only phone number I have from website in a recorded information line only. My only option is to email which I have already done but they have not answered me. My fiance's son works full time and his boss told him that he would fire him if he went to Guangzhou. So before I take any advice and get him fired I need to be sure what is factual and what is not. So please understand why I would ask you to backup what you are saying.

Can you help a guy out here? Do either of you have experience with this?

[pushbrk 12,898]

OK we seem to have a conflict in advice here. Darnel's answer seems to be the closest to what uscis.org told me on the telephone. They said that I need to send my fiance to Guangzhou along with her son, about a 3 hour bus ride, along with his civil documents so that the consulate can talk to him and then see if there is a visa available for him. Then they tell me that I need to call the Guangzhou consulate to verify what they told me. The only phone number I have from website in a recorded information line only. My only option is to email which I have already done but they have not answered me. My fiance's son works full time and his boss told him that he would fire him if he went to Guangzhou. So before I take any advice and get him fired I need to be sure what is factual and what is not. So please understand why I would ask you to backup what you are saying.

Can you help a guy out here? Do either of you have experience with this?

Sure, we both do. I think Darnell answered before he saw your reply about the son's date of birth. Your problem is timing and age out. First, you need an interview date. You can email the Consulate about the age out situation and see what kind of date they can give you. Then, if there's enough time, they'll tell you whether they would issue the visa. However, getting the visa is only a small part of your battle for the son.

If he goes to Guangzhou, there's no guarantee of ANY visa for him OR his mother but assuming he gets one, unless there's time to get to the USA, marry, file to adjust status and get the status adjustment expedited to complete, ALL before June 7, he's back to China with no job. If you can get an early April interview, success with both visas and virtually immediate US arrival, marriage and AOS filing, you'll need to know how fast USCIS will complete an expedited (due to age out) AOS process for you. You can call back and ask the misinformation line about that too.

[Brother Hesekiel 2,236]

Easy Peasy Lemon Squeezies.

Is that like the bee's knees?

[Darnell 8,478]

ah - potential age out problem.

lemme check yer timeline - wait a mo.. ok la

NOA-2 date of 2011-02-07

and you've no word from calling NVC and DoS Hotline (see http://www.visajourney.com/forums/topic/264972-shortcuts-when-checking-for-updates-from-the-nvc-and-dos/ - Dodi's posted the numbers and how to call, further down, I've posted WHAT you can get)

then

find out exactly the casefile status between NVC and DoS.

IF GUZ IV has opened the casefile, you've a shred of hope.

If GUZ IV has not yet opened the casefile, then there is good chance that the casefile was NOT sent over solely via SAFEFILE, but - instead, was sent out via DHL, and expect a 2 to 4 month wait for the casefile to get opened at GUZ IV (there's a China Customs Clearing issue, slows down all paper files going into GUZ IV by 2 to 4 months - it's not NVC doing it, it's the China Government)

There may be some shred of hope if/when DoS hotline tells you 'P3 sent out' - you can then use my P3 shortcut over at http://www.visajourney.com/wiki/index.php/GUZ_P3_Shortcut

but even then - that AOS has to be filed as soon as yer married in the USA - can get some speed at USCIS if you write 'K-2 POTENTIAL AGE OUT - please EXPEDITE' - USCIS is pretty good about handling this type of expedite, IFF (IF and ONLY IF) you mark the outside of the envelope in red marker, and cover this issue in the 'cover letter', asking for the expedite.

So, on Monday, call NVC and DOS, find out the casefile status.

Then post back here - I hope you have some joyous news (P3 sent out).

[LHALL 0]

This is some out-of-the-blue advice, but you may want to visit your local Congressman's office and discuss this with them.

I've done this before. Once with a military enlistment problem and once with a HUD issue. It cuts through a lot of red tape as long as your issue is truly complex and time sensitive -- yours counts for both.

Congress has liaison relationships with each of the different departments. When you explain your problem at your local congressman's office -- with enough facts for them to follow-up (case numbers, dates, contact information, etc.) then they pass it to their liaison team in D.C. A person is assigned your case and is given a deadline -- like 72 hours -- to report on your issue.

Since Congressional Inquiries start at the top, and are reported back to your Congressman, you can really get the ball moving. And be given quick exceptions to policy if the law permits.

I know this is a Hail Mary pass at the last quarter of the football game, but that is exactly why this might be a good option. You’re not trying to be arrogant, rude or demanding, but you are a citizen who needs help on a complex issue. Congressmen like this kind of problem because it guarantees your support in the next election. (Plus a lot of your friends after you tell them the story about your help in a time of need.)

[pushbrk 12,898]

(there's a China Customs Clearing issue, slows down all paper files going into GUZ IV by 2 to 4 months - it's not NVC doing it, it's the China Government)

This is not actually true. Yes, there's a customs issue but the Consulate, not the Chinese customs folks are the cause of the delay. A GUZ CO posted on CFL years ago that it's the Consulate that must "gin up" documents to get packages out of the DHL warehouse and they do it when they are ready to take delivery. In effect, they use the DHL customs warehouse as a storage facility until they take delivery usually on a Friday so they can do intake on a Saturday. This is all well documented.

The result in time is the same regardless but it's not a China problem. It's a GUZ Consulate created issue.

[shaung 4]

Thanks for all of the information.

To update. Xin Jiao received her P-3 a couple of weeks ago and she has sent it back in. I have most of my paperwork together and ready to send to her. I am still waiting for 1 set of documents. When they arrive I will send it. We paid the money required by the GZ Consulate and am waiting for P-4. As I am writing this her son is applying for his passport, it will take 3 days to get, he is also getting his birth certificate and police record. They will have it translated this afternoon or in the morning depending on how busy the lawyer's office is.

I will try to go to my congressman's local office tomorrow or Tuesday. It is petal to the metal time for me.

Shaun

[pushbrk 12,898]

Thanks for all of the information.

To update. Xin Jiao received her P-3 a couple of weeks ago and she has sent it back in. I have most of my paperwork together and ready to send to her. I am still waiting for 1 set of documents. When they arrive I will send it. We paid the money required by the GZ Consulate and am waiting for P-4. As I am writing this her son is applying for his passport, it will take 3 days to get, he is also getting his birth certificate and police record. They will have it translated this afternoon or in the morning depending on how busy the lawyer's office is.

I will try to go to my congressman's local office tomorrow or Tuesday. It is petal to the metal time for me.

Shaun

Normally, if the Consulate considered any listed children as eligible for a K2 visa, they would have sent a P3 for the child. You'll need to contact the Consulate about this as well, because he'll need his own P3, P4 and appointment letter to get into the Consulate for an interview.

[shaung 4]

Normally, if the Consulate considered any listed children as eligible for a K2 visa, they would have sent a P3 for the child. You'll need to contact the Consulate about this as well, because he'll need his own P3, P4 and appointment letter to get into the Consulate for an interview.

Then would it be better for me to contact them or to send her and her son to Guangzhou with his information so that they can fill out the P-3 there?

[pushbrk 12,898]

Then would it be better for me to contact them or to send her and her son to Guangzhou with his information so that they can fill out the P-3 there?

Contact them by email. Foreigners don't get into the Consulate without an appointment and they don't have one.