From a denied K1

[chilton747]

As most here know, my then fiancee was denied a visa at her K1 interview back in August of 2006. Our original plan was to get married after she received the visa so we did just that but in China instead of the USA. I then hired the services of Marc Ellis to guide me with our CR1 visa application. During the first stages of our CR1 quest, Marc felt it best to hear from my then fiancee as to how the interview went. After asking some details about our relationship, he concluded that he felt he knew the reason for our denial.

 

Approximately 8 months after our marriage I filed the I-130 just before the deadline of the fee increases. Our I-130 was heavily front loaded with our relationship evidence and a rebuttal as to why we thought the K1 was denied. Our P2 came about 7 months after our P1.

 

Finally our interview was set for November 10, 2008. My wife did not take the kitchen sink with her to the interview as we felt it was already included in the original I-130 application. She only took chat logs, sample chats, pictures, and other evidence of the ongoing marital relationship after the initial filing of the I-130. We felt it was not necessary to bring repeat information to the interview as they had it already.

 

When my wife approached the VO after her number was called (same number she had at her K1 interview), she simply said "hello how are you doing" in English. The VO said "ok" and proceeded with his questioning in Chinese (did not ask my wife's language preference). She gave him her opened passport and did not give him mine. I had instructed my wife to only give what he asked for. She noted that he kept her passport unlike the K1 interview when she was quickly handed back her passport. She also noted that our file that was on the VO's desk was very thick. Apparently he had our kitchen sink with him.

 

The VO's first question was "how many times has your husband visited you in China?" She replied "6 times including now and he is on the 4th floor waiting for me." The VO looked at he computer and asked her what date I last came. She replied "November 3." The VO looked at the computer screen and said "right." Then the VO asked why we did not apply for her son and my wife replied " he is studying at a university now and he does not want to come to the USA." The VO said "ok." Next the VO asked how we communicated and my wife said " We chat on the internet." (my wife said this in "English). The VO then asked in English to see our photos and to see a sample of our chats. My wife did not understand his English and said "huh?" Then the VO asked the same question in Chinese. My wife said in English "please wait me one moment and I will find for you." The VO said "ok" as he look at our photos. After the VO looked at our sample chats that included screen shots, then he said "Congratulations you have your visa."

 

There was no doubt that the VO had fully intended to give us the visa from the begininning. My wife showed no emotion during the interview, but more of a business like demeanor.

 

She had noted that other interviewees that had a small case file on the VO's desk seem to require many questions from the VO.

 

I also want to mention that as to this date, we never received any notification of our NOID from the USCIS. I spoke with them the day before I left to go to China and they said they would check into it.

 

When we got to the Atlanta POE, we waited about 3 hours together while the CBP processed other applications. They called us up and the officer said that he noticed we had been denied a K1 in the past. I told him that was true but we would not stop trying. He smiled and said "that's how you do it." I also told him that this was our 4th anniversary of meeting and it was a very fitting day to enter the USA. He certainly agreed and said "Congratulations."

 

I highly recommend Marc Ellis to anyone that has been denied a visa in the past. He is diligent and knows what he is doing. I dread to think of what would have happened if we didn't use him.

[Richard & Li]

What a long ordeal you've endured!

 

I so happy for you! Your life becomes wonderful!

 

Congratulations!!!

[splinterman]

Charles, can you shed some light on the reason(s) why Marc felt you were originally denied the K1?

 

Thanks,

Splinterman

[Randy W]

Very good write-up - thanks and congratulations. And yes it would be helpful to hear more about your denial.

Edited November 19, 2008 by Randy W (see edit history)

[NYTIMES]

What a great story!!!! Congrats and welcome home,

[chilton747]

The denial was based on the fact that I had 4 exwives and had met my wife before my last divorce was final. As I mentioned, during the K1, the VO gave my then fiancee's passport back to her immediately after she gave it to him. This was an indicator that there would not be a visa issued that day. The VO's line of questioning during the K1 was that of confusion and to deliberately make my fiancee answer the questions wrong.

[Randy W]

That's an interesting take on the difference between how she was treated for the denial and then for the approval.

 

It pretty much says her denial was decided in advance. The rudeness is over the top in my book, though. No one should be treated like that.

[chilton747]

That's an interesting take on the difference between how she was treated for the denial and then for the approval.

 

It pretty much says her denial was decided in advance. The rudeness is over the top in my book, though. No one should be treated like that.

 

I agree with you 100% Randy. But it is my opinion that the VOs have seen all types and probably look at some of the applications and say "you've got to be kidding me." Certainly they just wanted to see if we would stay the course.

Marc had me to explain the reasons for my divorces and how I have looked at myself to see how I let all if this happen. I was honest and forthright with my explanations and of course took the blame for all of my actions.

It's all water under the bridge now and my new chance at marriage is what is most important. I have a much higher authority to answer to now.

[IllinoisDave]

Welcome home to both of you Charles. It's been a long difficult journey but you both stuck it out and persevered. I can't tell you how happy Christine and I are for you. Now let the fun begin!

[chilton747]

Welcome home to both of you Charles. It's been a long difficult journey but you both stuck it out and persevered. I can't tell you how happy Christine and I are for you. Now let the fun begin!

 

Thanks Dave and Christine!! Believe me, the fun HAS begun!!

[PapaBear]

CONGRATULATIONS!!

 

Here's wishing you and yours all the happiness, good health and fortune for a happy life of togetherness!!

 

It's about time!!

 

PapaBear B)

[michaln]

congratulations

[DongDong]

What a great answer at POE too ¡°I told him that was true but we would not stop trying¡±

 

Congratulations, to you both!

David

[LanBa]

Such a long journey, Congratulations!

[Guest WenDylan]

Thank you for the right up! You both are a true testament to a bona fide relationship!