georgeandli Posted April 7, 2006 Report Share Posted April 7, 2006 Just wondering if anyone else has been through this + what happens next. Hope to get more advice that my congressmans' aide who says no problem. Link to comment
Guest ShaQuaNew Posted April 7, 2006 Report Share Posted April 7, 2006 Just wondering if anyone else has been through this + what happens next. Hope to get more advice that my congressmans' aide who says no problem.205097[/snapback]First, welcome to Candle. Perhaps you can share what type of visa you applied and what service center you sent it. Also your approval dates and other events of interest. Link to comment
georgeandli Posted April 7, 2006 Author Report Share Posted April 7, 2006 Thanks.K1 visa.Lincoln received 1/18/04.blah blah blah. GUZ kicked everything back 11/30/05. Seems to have been misrouted from NVC back 2 LIN but yesterday was assured found and back to the right desk. Link to comment
Guest ShaQuaNew Posted April 7, 2006 Report Share Posted April 7, 2006 Thanks.K1 visa.Lincoln received 1/18/04.blah blah blah. GUZ kicked everything back 11/30/05. Seems to have been misrouted from NVC back 2 LIN but yesterday was assured found and back to the right desk.205099[/snapback]So, you sent your I-129F to the Nebraska service center on 1-18-2004. Wow, it's been a long time for both of you. Not sure what you mean by "GUZ kicked everything back." Where exactly were you in the process? 1. Had your partner received her P3, or P4 in China?2. Did you have an interview? If so, what were the results? Did someone "assure" you that you case was now on the right track? You must understand that to help you, we need background on your case.... Link to comment
georgeandli Posted April 7, 2006 Author Report Share Posted April 7, 2006 BTW type with 2 fingers + don't have the knack of this new fangaled computer thing yet. Link to comment
georgeandli Posted April 7, 2006 Author Report Share Posted April 7, 2006 LiWen didn't do well on her interview. she went back 3 more times with additional documention[different stuff each time].Last time 8/05. GUZ form said wait 3 months 4 processing. I sent email 2 consulate got reply that they were sending everything back to Lincoln. Link to comment
Mick Posted April 7, 2006 Report Share Posted April 7, 2006 Any further info you could provide would be helpful. A lot of folks here with a lot of knowledge. However, I am not exactly clear on what happened exactly. Whatever it was, I hope it can be resolved. Can you give a few more specifics? Link to comment
Mick Posted April 7, 2006 Report Share Posted April 7, 2006 LiWen didn't do well on her interview. she went back 3 more times with additional documention[different stuff each time].Last time 8/05. GUZ form said wait 3 months 4 processing. I sent email 2 consulate got reply that they were sending everything back to Lincoln.205102[/snapback]Sorry, didn't see this as I must have been typing my response when you posted it. From what it sounds like, your case has been returned by GZ to the States. I think you might have some avenue of appeal, but I am not sure of the details of how to go about this. All I do know is that if it gets returned to the States, it will be a longer process. Link to comment
frank1538 Posted April 7, 2006 Report Share Posted April 7, 2006 Welcome to Candle. I wish your joining had been under better circumstances. Based on what you've said, you're in a real pickle. Several members had faced this situation. Alex, Christer, and JamesBDennis come to mind. You can search for their topics to get a feel for what's going on now. It sounds like the consulate has kicked the files back to USCIS with an recommendation to revoke. The files go first to NVC then to the Service Center which seems to be what happened in your case. The consulate should have prepared a memorandum in support of its recommendation to revoke, and it is important the you or your lawyer get this information as soon as possible so that you can at least understand the consulate's thinking. This link will provide you some background on the consulate's procedure: http://travel.state.gov/visa/laws/telegram...grams_1415.html While the threshold for sending the files back to USCIS to revoke is supposed to high (from the link: "...solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that BCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws."), many people here have a sneaking suspicion that petition revocations are often the result of "third party correspondence" where some "friend" or shady service provider tries to de-rail the process because of jealousy or wanting money that you or your fiancee refused to pay. Whatever the reason, you have to find out why. You said LiWen had to return three times to provide additional information. Maybe these "blue slip" visits can shed some light on the problem. Is it possible that she just couldn't provide the required overcome documents, and the consulate simply denied the visa application for want of these? If USCIS revokes your original petition, you will have an opportunity to appeal the decision. Hopefully, it won't come to that. If I were in your shoes, I'd hire a very good immigration lawyer who knows how to deal with the Service Center so you can get to the bottom of this. Good luck. Link to comment
georgeandli Posted April 7, 2006 Author Report Share Posted April 7, 2006 Sorry will have to spread papers over table and get timeline in order. Have to laugh,congressmans' aide got involved last summer and consulate sent him same stock email reply they always sent me. we are looking at the case and let you know when we feel good and ready. Link to comment
georgeandli Posted April 7, 2006 Author Report Share Posted April 7, 2006 Hard to say what problem was. Everytime she was sent back it was for something else. Think interview was the killer. She was like a deer in headlights and froze up I think. On the plus side she is much more confident and vocal now. Could be a down side for me when she finally gets here Link to comment
Mick Posted April 7, 2006 Report Share Posted April 7, 2006 I would echo Frank's advice. Get a good attorney involve in this. Hang in there, keep us posted and welcome to Candle. Link to comment
longstrangetrip Posted April 7, 2006 Report Share Posted April 7, 2006 welcome and sorry to hear of your bad luck with GUZ. I would also recommend the lawyer route, but if you can give more information in the order it happened in this forum (excluding self-identifying information) it would serve two strong purposes: 1. some people here are extremely intelligent and knowledgeable, and getting others' opinions is helpful. 2. you will be able to present the information to a lawyer in a much more coherent and lucid fashion saving time (and thus saving money) if you do take the lawyerly route. Remember you will overcome this with perserverance. Link to comment
georgeandli Posted April 8, 2006 Author Report Share Posted April 8, 2006 welcome and sorry to hear of your bad luck with GUZ. I would also recommend the lawyer route, but if you can give more information in the order it happened in this forum (excluding self-identifying information) it would serve two strong purposes: 1. some people here are extremely intelligent and knowledgeable, and getting others' opinions is helpful. 2. you will be able to present the information to a lawyer in a much more coherent and lucid fashion saving time (and thus saving money) if you do take the lawyerly route. Remember you will overcome this with perserverance.205129[/snapback]Still haven't got this thing down yet. All I know is that I have been waiting 4 a looong time and there is no end in sight. My sis + LiWens' aunt started this and now I am hopelessly hooked. Should have payed big money but foolishly thought play by the rules,and all will work out. Link to comment
JoeLiyan Posted April 8, 2006 Report Share Posted April 8, 2006 (edited) Sorry will have to spread papers over table and get timeline in order. Have to laugh,congressmans' aide got involved last summer and consulate sent him same stock email reply they always sent me. we are looking at the case and let you know when we feel good and ready.205107[/snapback]Hey, likewise, welcome to Candle! The aide (I'm reluctant to say congressman/senator) for my guy, communicating with Bejing in a recent v visa for dad-in-law was VERY respectful and also updated her when the visa was, in fact, issued. Seems somone's just going through the motions, kind of disrespectfully. Perhaps also you're aide person's not emailing the proper channels? Seems the lawyer route is really, considering the circumstances behind this eight ball, is the decision you'll make. There's too much gray here for my tastes, AND too long a time. Edited April 8, 2006 by JoeLiyan (see edit history) Link to comment
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