Administrative Processing

[rjd2013 1]

My wife had her interview on November 18th, and at the end of the interview she was told that she needed to have her Chinese passport changed so that it ends with my last name. She never changed her name here in the States when we were married, and according to our lawyer along with several other lawyers that we have talked to, she is in no way obligated to change her name. She has since sent her passport back to the Consulate, along with a letter from our attorney stating that what they are asking for is not valid under the law. She has now been placed in administrative processing, and I'm trying to figure out how long this is going to take. She left here pre-approved through the national visa center, and we were told that the interview was more of a formality (boy were we wrong). Our lawyer has since really become no help at all, and trying to get answers elsewhere is like pulling teeth. I have been emailing the consulate trying to get an answer, and seem to be getting just a form letter response. It also says that multiple emails about the same issue will delay the processing. How true is that? In addition, I have reached out to my senator who has agreed to look into the matter as well. I'm really aggravated about this whole thing at this point, but don't want to make matters worse. Does anyone have any answers????

[Darnell 8,478]

I've not heard of that, prior.

IMO, your best bet will be the Immigration Liason Staffer Human at your Congressman's Office.

Ask the ILS Human to get this requirement vetted by a Senior Vice-Consul, and ask the ILS Human to request that a Senior Vice-Consul review the casefile.

To me, it sounds like a 'recent-hire' in the IV Unit made an error in asking for this. It just isn't done; rather, it's not something that was asked for on prior folk that write here at VJ for what went down on interview day at Guangzhou.

assumptions:

1. your wife is a PRC person

2. your wife's hukuo book not reflect your name as part of her name

3. your wife's white books not have your name as part of her name

4. your wife's china id card not have your name as part of her name

Please review my assumptions, let me know if any of them are wrong, and if so, which ones.

[rjd2013 1]

All of your assumptions are correct. It is the liaison officer that I spoke to at the Senator's office, so there is some hope there. Do you know if this is something that can be quickly adjusted? From what it sounds like from what I have read around, is that once you enter Administrative Processing it is like a bureaucratic black hole.

[MyVisa Journey 24]

ur wife does not have to change her name to urs its not something they can tell u to do. and u have every right to go against it just like ur lawyer said. and talking to ur congressman will do alot of help. good luck

[Daveykins 17]

Similar thing happened to our case at the consulate. It was stuck in AP for over a month after approval. They told my wife that there was nothing to worry about and it'd be issued in 7-10 days with the interview approval notice. There was some hiccup in their system and her case "magically" went to issued 2 days after my congresswoman's Immigration Liaison staffer contacted the congressional liaison to the state department. Hopefully this will happen to your case soon after your congressperson's liaison contacts them! We never did get a response from the congressional liaison to the state department, so hence the "magic."

[rjd2013 1]

Thanks everyone. That is more encouraging than I have felt for the past week.

[Darnell 8,478]

All of your assumptions are correct. It is the liaison officer that I spoke to at the Senator's office, so there is some hope there. Do you know if this is something that can be quickly adjusted? From what it sounds like from what I have read around, is that once you enter Administrative Processing it is like a bureaucratic black hole.

Touch base with that ILS human now, nowish,

go over the bits I covered about the junior jet-boy making a mistake about the passport, and ask the ILS Human to ask for a Senior Vice-Consul in the IV Unit to review what's what.

That's it, that's all. It's pointed, focused,and should have the best result for your wife.

as to 'quickly adjusted', it will depend on the efficacy of getting a Senior Vice-Consul Human.

[rjd2013 1]

Just out of curiosity, has anyone heard of any issues from anyone who has processed with an I-601A waiver?

[rjd2013 1]

Just received word this morning that my wife's visa was finally approved. Now we are just waiting for it to be delivered. Just out of curiosity, do you all think that it makes sense for me to make the flight back her? I am just worried that when she reaches the customs/border security at the airport that we will run into more problems. What our your thoughts?

[Daveykins 17]

Wasn't any problem at all with buying my wife's ticket to US. They didn't even ask. I just had to go to the airport in person to present my ID and CC to finish purchasing the ticket for her a few days before her flight. She flied Korean Air.

Edited December 5, 2013 by Daveykins

[rjd2013 1]

I didn't mean about buying the ticket...I already have that covered. I meant if it made sense to fly back with her? I am here in the States taking care of our daughter now, but if need be will make the flight to and from China just so I can make sure she clears without any issues.

[Daveykins 17]

I doubt she'll have any issues. They just asked my wife some basic questions and looked at the sealed envelope. I was just waiting outside and she said it was easy. Other members on here have posted similar stories. Check the point of entry reviews for whenever she's flying to, but you don't need to be there with her as it's pretty easy.

[Darnell 8,478]

at the POE, the CBP goons are supposed to let her in, as she holds a valid immigrant visa.

Congrats on getting the approval, btw - can you tell us what you think might have triggered it ?

Now, you asked about a I-601A waiver here, can tell us the backstory about it ?

I don't mean to draw you out with 20 questions over a 2 week period, so if you could 'tell all', that would be useful to any of us that can answer or vette stuff for you.

[rjd2013 1]

If you were to ask our attorney she would say it was her, but it didn't seem like there was any traction being made until I had my senators office file an inquiry. Just so happened that a day after they responded, her visa was issued. Coincidence, right?????

Not quite sure what you mean by all, but I am sure that you are aware of what the 601 waiver is. The 601-A allows you to process here in the US without having to leave first before filing. Let's just say that she never immigrated here the way she should have originally, and we have been on a long road to clear up her status. We have been married for a while now, but until the new waiver came in place, there was no way for us to ensure that we could stay here. This way if she was to be denied the waiver she wouldn't have to leave the US. Things would be much different if it was just the two of us, but become so much more complicated when you have a child such as we do.

Not like any of it matters now now that the visa has been issued. Now it's just a matter of keeping tabs on getting it in her hands so she can make it back here in time for the holidays. I called the NVC yesterday, because her passport status was listed as "unable to track", and wanted to follow up and see what was going on. The woman on the phone said that it was on its way to the CITIC. Bank, but I find it hard to believe that it would be to her so quickly after all I have read here. She said 3-5 days before my wife would get it. Let's just say we are being cautiously optimistic. I'll keep you all updated.

[Darnell 8,478]

hey - thanks for the explanation.

I've a topic in the China forum about passport tracking after visa approval - check in, have a read, when yer able.

As to the 601-A waiver - now that the immigrant visa is in her passport, I claim she won't have any issues at the POE for getting through and exiting the International Arrivals door. She might get extra scrutiny, she might get a longer time in secondary whilst a supervisor actually looks up her electronic record, but I'm betting even with that, she'll be fine.