John F. Roth and Associates

K-1 Marriage Visa
Consular Processing Blog

Sunday, July 25, 2010

Trouble Bring Parents to the U.S.

Dear Mr. Roth,

I sent this inquiry via your web site. Please note however, that my husband and I are petitioning for his parents to come to the US. They are 60 years old (however, there is nothing stated regarding age limits/discrimination for I-130 petitions). I petitioned for my husband to come from China (as we were married in China) and he came quite quickly. He has been here for almost 10 years and became a citizen 2 years ago. We are concerned about potential corruption and bribery between adjacent law firms at Tianyu. This never happened with my husband's case when the Consulate/Immigrant Visa Unit was located on Shamian Island (in fact, I submitted all the paperwork without hiring an attorney -- as I was a law student in Asian/European Immigration Law before I switched majors to theatre/musicology). Please add this to your blog and forward it to whomever is responsible for adjudicating cases (e.g. Immigrant Visa Chief, etc.). They must know about these improprieties and lack of consistency at their Consulate. My husband and I are vehemently frustrated and disgusted by the Consulate's treatment of his parents' case. For your information, the State Department and NVC have stated that all required documentation has been submitted and his parents' case has been approved for a visa.

As an addendum, the Consul Officer's Mandarin Chinese was poor in my opinion (when interviewing my husband's parents, lack of tonal precision, inappropriate usage of modal particles, reduplication of adjectives and certain idiomatic phrases), and if they were one of my students, they would clearly have a better grasp of the Chinese language and culture.

Dr. _____ _______
Professor of World Languages
Agent/Financial Representative - New York Life, Honolulu General Office

Per your Guangzhou blog, my husband and I have encountered many unpleasant experiences at the American Consulate. I completely agree with your views regarding the Consulate's arrogance and lack of professionalism when adjudicating relatives' petitions. My husband petitioned for his parents to come to the US, one of the main reasons why he became a citizen and to reunite our family (as other than the both of us and our son, we have no family in the US). His parents were given the infamous "blue sheet" and a yellow sheet claiming that they may potentially become public charges. The NVC has approved their application and I contacted the State Department and both of my Congressmen. Everyone was apalled that his parents' visas were refused. First, his parents would not be eligible for Social Security (they have not worked the requiste 40 quarters) nor Medicaid/Medicare (they have legitimate medical insurance, long term care insurance, life insurance, as I am an Agent/Financial Services Representative with New York Life), we own our home and land (mortgage free and clear), and have surpassed the poverty guidelines in overall assets and income. Furthermore, his parents will be employed in the US, under a contract with my husband's small business. The Consulate also mocked and outwardly laughed at the fact that my husband was a 'kitchen worker' and I have a doctorate in languages/theatre and musicology. Attorneys adjacent to the Consulate were trying to extort at least 16000 USD per person to expedite adjudication of cases, with the underlying guarantee that they could complete the case in 20 days to a month. Is there internal corruption with the Consulate and the adjacent 'attorneys and consultants'? My husband and I went to the Embassy the following week to ascertain exactly why his parents would be public charges -- frankly the Consulate General replied with very vague responses (e.g. no monetary amount of assets, e.g. $100,000 was considered 'too little' to expedite the cases for our household when according to the poverty guidelines $37,075 is the minimum amount of assets and income). Regardless, I sent the Guangzhou Consulate the following documents: his parents' employment contracts, a copy of my husband's business license, upcoming orders for his business, copies of checks for his parents (proof of salary), certified copies of the following -- my contract/registered representative license with New York Life, copies of my and my husband's Curriculum Vitae to attest that I do have a doctorate, studied extensively in Europe and speak/read/write and translate/interpret 7 languages (including Mandarin and Cantonese) and have taught at universities and my husband has his own business, our medical and dental insurance plans, bank statements/IRAs/401Ks, my Last Will and Testament/Trust and Estate Planning documents (left to my husband and parents in law), the deed to our house and land (including copies of land tax checks), our life insurance and long term care policies and long term care and life insurance policies for his parents, as well as sworn affidavits that these assets are "credible." If these assets are not "credible," Donald Trump would not be a credible petitioner. My husband and I traveled back to China in June to accompany his parents to the US. Also, I know the Consulate received the affidavits and documents two weeks ago, but so far no action has been taken. Please note that both my husband and I have NEVER be eligible for public assistance because we have too many assets, so how could his parents become public charges??

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