White Slip

[Danny Gee]

my lady got a white slip. That is so sad.

Does anyone know that if i can ask help from a senator or a represenative?

Did anyone try to re-apply? At the same appealling the petition.

Did anyone succeed by applying another application?

[HelloWorld08]

Do you know the reason for the white slip? What does the white slip say exactly? Did you goto Guangzhou? Did you attend American Citizen hour? What evidence did your lady bring for the interview? and it's very doubtful that the senator can help you. You need to find out the exact reason for the denial in order to refile, study the issue, understand the issue then have a resolution for the issue.

[dnoblett]

First find out the reason for denial.

 

In most K-1 cases, failure to demonstrate a bonafide relationship is the cause for denial. The petition then gets returned to the USA, with the recomdation for USCIS to revoke the petition.

 

USCIS will do one of three things with the petition.

 

• They will treat it as an expired petition and administratively close the case, they should send a letter to petitioner indicating to file another petition.
• They will look at it and consider the decision to be incorrect, reaffirm the petition and resend it to the consulate for another interview.
• They will REVOKE the petition because of a finding that is more serious than bonafide relationship issue. (They send petitioner a letter (Notice Of Intent to Revoke "NOID") petitioner MUST respond to this or it WILL cause problems on future petitions.

There is no appealing in these cases.

 

I have a classmate who just had this happen to his fiancee, he then married, and will be filing an I-130 for a spouse visa, and will deal with the denied K-1 when he gets letter in mail from USCIS.

 

Some reading:

 

http://candleforlove...hp?showforum=39

http://candleforlove...showtopic=37132

http://candleforlove...showtopic=42513 (Denied K-1, USCIS closed case)

Tasp's case

http://candleforlove...showtopic=39760 (Member had K-1 denied then reaffirmed only to have to tell DOS they are married and will be doing Spouse case)

http://candleforlove...showtopic=41854 (Petition automatically reaffirmed) "USCIS felt denial was B.S."

http://candleforlove...showtopic=41239 (What a reaffirmed petition looks like)

http://candleforlove...showtopic=41713 (Applying for spousal visa.)

http://candleforlove...showtopic=42274 (K-1 canceled due to marriage)

 

You may need to address the K-1 denial.

 

This was written about a few years ago by Ellis.

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/a...0323-ellis.shtm

[dnoblett]

You may also want to read over your past posts,

 

http://candleforlove.com/forums/index.php?showtopic=42423

http://candleforlove.com/forums/index.php?showtopic=42475

 

In your case it is not a simple case of filing another petition, you had filed a tax return as single, and the denial was on a Spousal visa not a K-1, so you really need to consult a lawyer and deal with the NOIR whe it comes in the mail, you may be able to get petition reaffirmed and returned to consulate for another interview.

[Danny Gee]

Do you know the reason for the white slip? What does the white slip say exactly? Did you goto Guangzhou? Did you attend American Citizen hour? What evidence did your lady bring for the interview? and it's very doubtful that the senator can help you. You need to find out the exact reason for the denial in order to refile, study the issue, understand the issue then have a resolution for the issue.

 

First, I have read a lot of posts saying that it doesnt help if i go to American Citizen Hour after my wife got the denial letter.

Second, you are right. It is a wast of time to look for the House representative who one of the most respectful congrossman. That is what i have done. The US consolute even didn't tell the the House representative the reasons for denial. In this case, How can i find out the reasons?

Third, the consolute GuangZhou may just make up the reasons whatever they want. The reasons may not be accuate.

Edited November 13, 2010 by Danny Gee (see edit history)

[david_dawei]

I don't see any details here about your case. Without knowing how you guys meet, the actually time you spent together, your backgrounds, and the interview questions and answers there is little to glean as to any 'reason'. Your likely not to get a reason for some time. Others have fallen into this denial and after some more years and time succeeded. But the most important issue is trying to figure out where your relationship has a weakness in GUZ's eyes. Can't help with that without much more info.

[shenzhen]

I don't see any details here about your case. Without knowing how you guys meet, the actually time you spent together, your backgrounds, and the interview questions and answers there is little to glean as to any 'reason'. Your likely not to get a reason for some time. Others have fallen into this denial and after some more years and time succeeded. But the most important issue is trying to figure out where your relationship has a weakness in GUZ's eyes. Can't help with that without much more info.

The title says it was due to a tax return problem....

[david_dawei]

Money and taxes are often a smoke screen... I didn't say that.

[dnoblett]

I don't see any details here about your case. Without knowing how you guys meet, the actually time you spent together, your backgrounds, and the interview questions and answers there is little to glean as to any 'reason'. Your likely not to get a reason for some time. Others have fallen into this denial and after some more years and time succeeded. But the most important issue is trying to figure out where your relationship has a weakness in GUZ's eyes. Can't help with that without much more info.

The title says it was due to a tax return problem....

Need to study prior threads, http://candleforlove.com/forums/index.php?showtopic=42423&view=findpost&p=563628

[shenzhen]

I don't see any details here about your case. Without knowing how you guys meet, the actually time you spent together, your backgrounds, and the interview questions and answers there is little to glean as to any 'reason'. Your likely not to get a reason for some time. Others have fallen into this denial and after some more years and time succeeded. But the most important issue is trying to figure out where your relationship has a weakness in GUZ's eyes. Can't help with that without much more info.

The title says it was due to a tax return problem....

Need to study prior threads, http://candleforlove.com/forums/index.php?showtopic=42423&view=findpost&p=563628

No need. Did not realize the OP was re-hashing old posts.

Edited November 27, 2010 by shenzhen (see edit history)