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RandyW

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Everything posted by RandyW

  1. Enough? Why not make sure you have MORE than enough? What you REASONABLY can gather - include the statement.
  2. What you G8ARANTEED was that you earn enough money to support ONE Household with TWO PEOpLE - tthe immigrant and yourself Make SURE to hire a lawyer who is good enough to handle the NEW situation. YOU WILL SOON hablve two houshlods to support, if HER layer manages to bambo9zle the judge.
  3. The I-130 petition paid for by the American applicant COVERS the cost of the green card. The beneficiary isn't charged. We are debating basic arithmetic and who pays for what. In my own K2 case - the beneficiary decided he didn't WANT the green card. No one had to pay for anything, although I did cover the court costs of fighting his removal.
  4. In the OP's case that money was paid up front by the applicant. YOU don't care -I'm thinking SHE does. and can make her own decisions.
  5. My answer to the original poster here is YES YES YES straight across the board. She will NOT need to pay additional money for her daughter's green card regardless of the path she chooses.
  6. We were CHALLENGED on that issue by USCIS. He ultimately decided to return to China rather than face the court proceedings. No the green card is NOT automatic with a K2. The application MUST be filed separately as I have stated. The poster here will need to do the same regardless of whether K1, K2, or F1. The APPLICANT pays for the original I-130 or "fiance" applications. The beneficiaries do not. The poster here is a BENEFICIARY, not an applicant. I believe her misplaced concern is with the COST of the green card. That COST is borne by the American applicant.
  7. My wife's son did a K2 follow-to-join TWO YEARS after her K1. He entered the US carrying his separate medical package in one hand, and ALL his luggage in the other. But he never got a green card. It is not a problem.
  8. The K1, K2, and F1 visas do not affect each other. You will need to apply for her GREEN CARD separately. I think THAT is what you are REALLY asking about.
  9. . . . and from China Briefing China Joins Apostille Convention, Simplifying the Use of Foreign Documents On March 8, 2022, China officially acceded to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the “Apostille Convention”. China acceded when the Chinese Ambassador to the Netherlands Tan Jian submitted the “instrument of accession” on behalf of China to the Ministry of Foreign Affairs in the Netherlands, the official custodian of the Apostille Convention. I have yet to see any official Chinese sources. The closest to that is this post in the Going to China: Tailor-Made China Tours Facebook group. https://www.facebook.com/groups/going2china/posts/6481683118626671/
  10. CHINA ACCEDES TO THE HAGUE APOSTILLE CONVENTION The accession will go into effect on November 7, 2023. What this is: China has acceded to the Hague Convention Abolishing the Requirement of Legalization, as of March 8, 2023. The accession will go into effect on November 7, 2023. What this means: At that time, documents destined for use in China will no longer require consular legalization. An apostille from the appropriate Secretary of State or the U.S. Department of State should be accepted. from Cogency Global The Accession of China to the Hague Apostille Convention will be welcome news to businesses working in China or with Chinese companies. It means they no longer have to rely on the full legalization process to enable documents originating in the US to be authenticated for use in China. This process, required for countries that have not acceded to the Hague Apostille Convention, can be time consuming and difficult, often involving multiple agencies and delays that can last several weeks. The Hague Apostille Convention, formally known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, is an international treaty that simplifies the process of authenticating public documents for use in other countries. The Convention requires member countries to recognize apostilles as sufficient evidence of the authenticity of the public documents to which they relate. After November 7, authenticating a public document for use in China, or authenticating a Chinese public document, will only require that an apostille is attached by a Competent Authority. In the US, the U.S. Secretary of State, the Secretaries of State for each individual state and the federal courts are all competent authorities. So, for example, to authenticate certified copies of the certificate of incorporation for a Delaware corporation, you will only need to request the copies with an attachment of an apostille for the country of China from the Delaware Secretary of State.
  11. We had a case at CFL where an ex-Dad was demanding a large sum of money in order to grant his daughter permission to emigrate. The mother (and NEW dad) simply waited until the daughter became old enough to leave without the permission (I believe it is 18?). But that may have been a requirement for the visa, rather than a border exit issue. Still, with child trafficking concerns in international travel, it IS advisable to have that letter handy when traveling.
  12. It's no problem. We're here to help. It's up to you to sort everything out. It seems to me that you've got a LOT to be thinking about.
  13. Reconsider, though, if maybe it WAS a mental health facility that he was held in. That seems to better fit the circumstances. Check with a lawyer to see what that would mean, but my guess is that it would mean that he wasn't arrested and there is no pending case. I'm simply saying that might better fit what you have described - use your own judgment there.
  14. I would suggest that she have a copy of the child's birth certificate, the mother's green card and passport, and the permission letter from her father (which I think she would have shown at the interview?)
  15. Be sure to check your responses on CFL - I added a note about your son's citizenship status.
  16. I don't think that the National ID is required, especially for someone who was never issued one. The (Gong Zheng Shu: 公证书) is issued from the information in the hukou. I suspect that the Taobao agents simply don't want to bother with someone who was never issued a Chinese passport or ID. You can contact the Notarial Office, or Gong Zheng Chu (公证处) yourself (use Google to find the Gong Zheng Chu in her home city (where the hukou is registered), or you can hire a Western-friendly law firm to do it for you. Google 上海公证处, substituting the name of her home city. See also https://lawandborder.com/china-birth-certificate/ Sample application for documents (your province or hukou may vary): https://bjfy.egongzheng.com/flagship/online//bid/notary.html?notaryCode=223 - or - https://www.gongzheng.gov.cn/article/315 Be sure to DOCUMENT your efforts ( take names, phone numbers, phone call summaries, offices and law firms contacted etc.) in case your efforts are ultimately unsuccessful. NO ONE will issue a "notarized statement . . . saying they will not issue a Notarial Birth Certificate". But you CAN submit your own documentation of your efforts,.
  17. Usually several days to a weerk or two IF . . . they kept the passport. If not, longer.
  18. Yes - the names listed on your application should reflect the names listed on the birth certificate. I'm not sure, but I don't think they're asking for a translated version or "white book" version. But if you can easily obtain a 出生医学证明公证书, or Chūshēng yīxué zhèngmíng gōngzhèng shū at the Gong Zheng Chu, or 公证处, you may want to go ahead and do so. You may need to explain the Chinese characters which I expect are what the Medical Birth Certificate shows for your name. In fact, it looks like the birth certificate is filled out with only Chinese characters, so, yes - the "white book" format may be necessary.
  19. You seem to be asking what your father's name is. My advice is to simply look at the birth certificate, where it says "Father". This is NOT an opportunity to change that. You'll see part way down the certificate where it says, in English, "Full name of Father". Applications submitte4d to the USCIS should reflect your father's name as listed on the birth certificate. As of pre-pandemic times, the consulate in Guangzhou was still asking for the "white book" format of medical birth certificates. This is a redacted (and difficult to read) copy of a Medical Birth Certificate. IF one is required, you can ask for a Notarial Document or Certificate based on the Medical birth certificate. The designation for the Notarial Certificate is Gong Zheng Shu, or 公证书. They should be able to generate a Notarial Certificate from ANY document, not just those based on the hukou. Ask for a 出生医学证明公证书, or Chūshēng yīxué zhèngmíng gōngzhèng shū. If they still refuse, then I would simply turn in the birth certificate as is, along with an explanation that the Notarial Certificate could not be generated, and identify the Gong Zheng Chu, or 公证处 that declined it. The Guangzhou consulate has REQUIRED the notarial certificates of medical birth (出生医学证明公证书), but the USCIS in the United States MAY NOT need it. The medical birth certificate is already in English AND Chinese.
  20. Yes they can. Be careful what you advise. The father is listed on the birth certificate, until that can be legally changed. That is usually noit advisable when you are submitting applications to USCIS. Immigrations authorities expect legal documentation to represent what is on the record.
  21. No - Chinese "birth certificates" will list a father. Whatever forms are being submitted to USCIS need to reflect the existing Chinese records. This is NOT a good opportunity to try to change existing records. Chinese authorities will generally refuse to make "on demand" changes, such as what you are suggesting. She seems to already have a birth certificate. That should clear up any confusion about what the form being submitted needs to reflect.
  22. Your father's name is listed on the birth certificate, no?? Whether this is biologically correct or not, that would seem to be your father's name in any legal sense. What is the question here?? Do you have an actual Medical Certificate of Birth - 出生医学证明 (chu sheng yixue zheng ming). You generally will NOT want one of these, unless you know that one was issued at birth - AFTER 1993. Or do you have a Notarial Birth Certificate 出生公证书, or chu sheng gong zheng shu, which is what you need to ask for at the Gong Zheng Chu, or 公证处. Either type of birth certificate INCLUDES the father's name, according to the Chinese records. The Notarial Birth Certificate INCLUDES a certified English translation. Immigrations officials in the past have insisted that a Medical Certificate of Birth - 出生医学证明 be submitted in the form of a Notarial Certificate, even though the Medical Certificate is bilingual Chinese/English.
  23. Sounds like a good reason to not use Capitol One. I can't imagine that that is an issue with credit cards in general. Perhaps with a NEW card, but not one that you've used fairly actively. Anyway, it of course wouldn't hurt to simply use two different cards.
  24. from someone else facing the same problem - http://candleforlove.com/forums/topic/49241-cgi-old-confirmation-code-problem/?do=findComment&comment=633424
  25. Old passports are simply punched and no longer active, but may contain needed entry/exit information. They belong to the holder and are not "returned".
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