Poindexter's US Immigration Timeline
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Petitioner's Name: Alex
Beneficiary's Name: Hong
VJ Member: Poindexter
Country: China
Last Updated: 2010-11-07
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Immigration Checklist for Alex & Hong:
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USCIS I-129F Petition:
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Dept of State K1 Visa:
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USCIS I-485 Petition:
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USCIS I-765 Petition:
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USCIS I-131 Petition:
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USCIS I-751 Petition:
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USCIS N-400 Petition:
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K1 Visa
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| Event |
Date |
| Service Center : |
Vermont Service Center |
| Transferred? |
No |
| Consulate : |
Guangzhou, China |
| I-129F Sent : |
2009-03-10 |
| I-129F NOA1 : |
2009-03-12 |
| I-129F RFE(s) : |
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| RFE Reply(s) : |
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| I-129F NOA2 : |
2009-08-23 |
| NVC Received : |
2009-08-26 |
| Date Case #, IIN, and BIN assigned : |
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| NVC Left : |
2009-08-28 |
| Consulate Received : |
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| Packet 3 Received : |
2009-09-24 |
| Packet 3 Sent : |
2009-10-22 |
| Packet 4 Received : |
2009-11-26 |
| Interview Date : |
2009-12-17 |
| Interview Result : |
Administrative Review
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Second Interview
(If Required): |
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| Second Interview Result: |
Approved |
| Visa Received : |
2010-02-26 |
| US Entry : |
2010-04-03 |
| Marriage : |
2010-04-06 |
| Comments : |
Need another option for Interview Result: because Hong admitted she is a member of the Chinese Communist Party, she was given a form to apply for exception. Received notice 2010-02-26 that K1 has been approved on review of additional biographical information. During my visit, we returned to Guangzhou to submit passport for visa, which was mailed to her China address.
NOA1 Receipt acknowledgment was two weeks faster than anticipated. NOA2 was eleven days later than anticipated. Relatively fast movement from St. Albans to my fiancee in China for Packet 3 Instruction. |
Processing
Estimates/Stats : |
Your I-129f was approved in 164 days from your NOA1 date.
Your interview took 280 days from your I-129F NOA1 date. |
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Port of Entry Review
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| Event |
Date |
| Port of Entry : |
Newark |
| POE Date : |
2010-04-03 |
| Got EAD Stamp : |
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| Biometrics Taken : |
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| Harassment Level : |
0 |
| Comments : |
Immigration and customs processing took very little time. |
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Adjustment of Status
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| Event |
Date |
| CIS Office : |
Newark NJ |
| Date Filed : |
2010-04-30 |
| NOA Date : |
2010-05-12 |
| RFE(s) : |
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| Bio. Appt. : |
2010-06-09 |
| AOS Transfer** : |
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| Interview Date : |
2010-08-26 |
| Approval / Denial Date : |
2010-08-26 |
| Approved : |
Yes |
| Got I551 Stamp : |
Yes |
| Greencard Received: |
2010-09-09 |
| Comments : |
Long wait in the office; short wait with Russian-American interview officer who was impressed by matching educational backgrounds and wedding announcement photo postcard. Very easy questions regarding spouses; said early on that Hong was approved. Brava! |
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Employment Authorization
Document
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| Event |
Date |
| CIS Office : |
Chicago National Office |
| Filing Method : |
Mail |
| Filing Instance : |
First |
| Date Filed : |
2010-04-30 |
| NOA Date : |
2010-05-12 |
| RFE(s) : |
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| Bio. Appt. : |
2010-06-09 |
| Approved Date : |
2010-07-15 |
| Date Card Received : |
2010-07-27 |
| Comments : |
In time for a PT job in the fall! |
Processing
Estimates/Stats : |
Your EAD was approved in 76 days. |
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Member Reviews:
Consulate Review: Guangzhou, China
Review Topic: K1 Visa
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| Event |
Description |
| Review Date : |
January 3, 2010 |
| Embassy Review : |
Everything was fine with one exception, the whole experience being very similar to that of another member's fiancee. The visa officer liked my fiancee's organization of my financial documentation so that she didn't have to ask for each part, and the fact that not only had I visited China three times, but that she and her son visited Toronto and my mother flew in to meet them as well. The final question on CCP membership led to the visa officer's disappointed expression and the blue slip for more information and an exemption.
The whole experience was very professional; the last question confirms the same one in the pre-interview registration. If your fiance(e) is honest, there isn't a lot one can do about it. Under federal law it's still illegal to give a de facto immigrant visa (as K1 and K3 are treated by the consulates)to someone with membership in an organization that wants to overthrow the U.S. government. It doesn't matter if nations run by that Party have most Most Favored Nation trade status, an awful lot of highly skilled emigrants as students and workers in the U.S., or a couple of hundred Party members visiting the White House with the Party leader. Bringing a form explaining the professional reasons for Party membership (the university where she teaches is run by the city and the Party) would not result in approval because all admitted Communists from China, N. Korea, Vietnam, Laos, or Cuba have to have their applications for exemption under court decisions reaching back to the 1950s reviewed by a committee at the Department of State, in both English and Chinese.
Naturally my fiancee was distraught after her emotional and financial investment in the trip. We discussed this issue rather briefly before. She didn't think it that important because her Canadian visa application was not interested, the student visa application she received two years ago didn't ask, and the K1 is nominally not an immigrant visa. At the same time she was rather coy about her membership because of her assumptions about American attitudes towards Chinese party members. In any case we agreed that it was best to be honest, despite the number of people she met in China or online who lied. Incredibly enough the western-based firm through which she received her Canadian visa told her she should have lied. If I had researched this more on this site and especially Candle for Love, which caters to Chinese K1 and K3 visas, I could have prepared her better.
The application for exemption is not well structured for visa applicants still living under the Party, especially those still with Party membership. I wrote the Consulate through its website to point out that while it discourages applicants from making any financial or political commitments to emigration until they receive their visas, this form asks for the date of resignation and the level to which the applicant accepts the terms and goals of the CCP. If my fiancee tries to resign from the Party now, she faces unemployment or at least a freeze in her career if the U.S. does not accept her. I have few illusions about the ability of Chinese intelligence to gain a copy of the completed form she faxes to the Consulate as well; criticizing the Party is not healthy for fiancees or other living things.
To its credit, a consulate representative called my fiancee and explained that, no, she didn't have to resign the CCP, just fill out the form questions that explain when and why she joined, for what benefits, and attach a copy of her C.V. that helps show her career's progress. The consulate rep also mentioned that if my fiancee hadn't admitted membership, there was no way the visa officers could confirm it. Given the volume of interviews, and the difficulty of tracking individuals within China, that's not too surprising. My concern has been that if someone in the U.S. contacts her university ten years from now and finds out even inadvertantly, back she goes.
So she has faxed her response, focusing on career advantages and the point that the CCP likes successful people; a number of high-achieving Chinese technical workers here have told me their stories of recruitment in college or even grade school (Young Pioneers). I will contact my congressional representatives to explain her situation and ask if they can help expedite the review process. The whole situation is embarrassing to all concerned, but I don't see a change in this useless question and appeal process as long as some politicians find partisan advantage in raising red flags to communists and their now meaningless political ideals.
The rating below is based on the professionalism and efficiency of the Consulate and its representatives, less on the disappointing outcome. A pink slip would have merited a 5, though. |
| Rating : |
Good |
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Timeline Comments: None yet, be the first!
*Notice about estimates: The estimates are based off averages of other members recent experiences
(documented in their timelines) for the same benefit/petition/application at the same filing location.
Individual results may vary as every case is not always 'average'. Past performance does not necessarily
predict future results. The 'as early as date' may change over time based on current reported processing
times from members. There have historically been cases where a benefit/petition/application processing
briefly slows down or stops and this can not be predicted. Use these dates as reference only and do not
rely on them for planning. As always you should check the
USCIS processing times to see if your application
is past due.
** Not all cases are transfered
ver 5.0
