Stepbrow Posted January 17, 2009 Report Share Posted January 17, 2009 By avoiding red flags you can increase your chances of getting the Pink. I have researched many sites to come up with a list of the main Red Flags. My hope is that this post will serve as a resource to our many current and future members. If you know of any that I have overlooked, please post them or PM me and I will add them in. If you already have some of the listed red flags, you can attach an explanation for them to your file at USCIS. That is, if it has not already been approved and sent to the NVC. Red Flags Petitioner: 1. Petitioner is employed by or has a business relationship with a relative of beneficiary;2. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person. 3. US divorce followed very quickly by an engagement to foreign beneficiary. 4. Long gaps of time between the petitioner & beneficiary being together in person.5. Failure to disclose previous petitions filed on behalf of other Beneficiaries 6. Petitioner resides with family members of the beneficiary in the US;7. Infrequent contributions of money.8. You didn¡¯t include your wife as non-resident alien on your tax return. Beneficiary:1. Failure to disclose previous petitions filed by other petitioners.2. Previous petition not responded to resulting in a 212(a)(6)©(i)3. Short time from divorce to marriage with petitioner;4. CCP membership 5. No written consent from ex-husband for child to immigrate.6. She has relatives in U.S. helping with process.7. She commits a misrepresentation (or the appearance of) during the interview. Both:1. A very brief courtship followed by a plunge into matrimony; 2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary¡¯s country and they meet for the first time; 3. No common language; 4. A large age difference between the petitioner and the beneficiary.5. There is little or no documentary evidence of the relationship prior to the actual engagement.6. Failure to disclose previous marriages;7. Spouse is a friend of the family.8. Family or friends unaware of marriage.9. Few common interests.10. Poor evidence of day to day contact. Link to comment
LeeFisher3 Posted January 18, 2009 Report Share Posted January 18, 2009 If the beneficiary was given custody in the divorce the ex's approval is not required. Joint custody is a relatively new thing in China, but if that is the case permission from the ex is usually required. Link to comment
sleepless in Houston&CQ Posted January 18, 2009 Report Share Posted January 18, 2009 (edited) I hate to bring this up and don't want to put salt in anyones wound but, I'm not trying to start a pi$$in contest but, some folks got pink and had only known there other half a few weeks. As for me I was in no hurry to tie the knot and made plenty of tripsacross the pond.... in saying that I know many folks can't get the time off from work and for others I'm sure there are or other reasons. Both:1. A very brief courtship followed by a plunge into matrimony; 2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary¡¯s country and they meet for the first time; -------------------- Edited January 18, 2009 by sleepless in Houston&CQ (see edit history) Link to comment
NUWORLD Posted January 18, 2009 Report Share Posted January 18, 2009 I hate to bring this up and don't want to put salt in anyones wound but, I'm not trying to start a pi$$in contest but, some folks got pink and had only known there other half a few weeks. As for me I was in no hurry to tie the knot and made plenty of tripsacross the pond.... in saying that I know many folks can't get the time off from work and for others I'm sure there are or other reasons. Both:1. A very brief courtship followed by a plunge into matrimony; 2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary¡¯s country and they meet for the first time; -------------------- I'll have to agree with this one. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary¡¯s country and they meet for the first time; -------------------- My wife and i met for the first time, arrange ceremony, and got marriedin less than 48 hours after i arrived in china. My wife even had a pass divorce. RED FLAG?? Maybe!But ether way our papers flew through the system with no problems. Link to comment
lostinblue Posted January 18, 2009 Report Share Posted January 18, 2009 I made only one trip to china to see Yan. There were reasons why only one trip to china and Yan had a clear answer for this question if asked during the interview. More than anything else how prepared you are going in I think is so vital. You try to make a case for yourself that you have a true relationship. Reading this board over several years something that has caught my eye is the mention of confidence during the interview and success of a pink slip. While this is a good list and we all hope it does some good to future petitioners. The sad fact is we have no defense in dealing with a VO that has had their ass chewed out by upper level management . Maybe this person has not met their quota for the month in interviews.Maybe a fight with the wife that morning. How much does this have to do with a pink or blue slip handed out. We can only guess. On one last note GUZ moves the "bar" on us all the time . What passed last year may not this one. Link to comment
LeeFisher3 Posted January 18, 2009 Report Share Posted January 18, 2009 With the recent change in behavior in the interviews at GUZ resulting in so many white slips it is important to rethink how to address the issues that seem to be causing problems. Unfortunately we don't know what exactly GUZ is wanting so it seems wise for petitioners to front load as many of these items as apply. In some cases this could be letters of explanation concerning circumstances to allow the USCIS to have the evidence available during the approval process. Link to comment
Yuanyang Posted January 18, 2009 Report Share Posted January 18, 2009 (edited) While there are 3 or 4 of those (e.g. quick courtship, marriage, age difference, divorces, etc...) that we fell under and received pink without any issues I think it's important to underscore Lee's note that there appear to be changes in the criteria that the VOs are working with now. Perhaps today we would get a NOID. Edited January 18, 2009 by Yuanyang (see edit history) Link to comment
C4Racer Posted January 18, 2009 Report Share Posted January 18, 2009 (edited) I hate to bring this up and don't want to put salt in anyones wound but, I'm not trying to start a pi$$in contest but, some folks got pink and had only known there other half a few weeks. This is true, but with whites slips basically skyrocketing I believe what could have been overlooked in the past is now being scrutinized through a microscope. We also don't know where this new directive could be coming from, but I doubt GUZ is acting on their own. It is probably a mixture of new directives sent from DOS based on the recent case ruling and from the station head because GUZ has a bad face with DOS now. This list is quite good. The best way to deal with any and all red flags is to front load your application. Remember the rules the VO must live by, they can only use any evidence not available to USCIS to deny. This means if you think you have a red flag, provide it and an explanation to USCIS and your app gets to GUZ, then they can not use that against you and your spouse/fiancee. This still doesn't guarantee getting the visa, but success should be a little easier. Edited January 18, 2009 by C4Racer (see edit history) Link to comment
sleepless in Houston&CQ Posted January 18, 2009 Report Share Posted January 18, 2009 My wife even had a pass divorce. RED FLAG?? Maybe!But ether way our papers flew through the system with no problems. Dang Nuworld that has got to be a recordand no sir I ain't pickin on you... so don't go there... please?as long as the both of you are happy thats all that mattersI hope y'all live together and or happy for the next 100 years Link to comment
warpedbored Posted January 18, 2009 Report Share Posted January 18, 2009 Definitely a good list to be prepared for but the thing to remember is there is no magic formula for a visa. The process is continually changing and what they seem to blue/white slip for this month will likely be something completely different next month. It is intentional in order to keep scammers off balance. There does seem to be a marked increase in white slips lately but I'm not sure if it is because GZ is becoming more strict or if some of the recipients are late coming to CFL or already have problems before they get here. It could also be things like shorter courtships, more recent divorces etc. More study needs to be made before reaching a conclusion. If true then as Mike suggested it is likely because of directives from DOS or perhaps a new stricter head of the IV unit. Link to comment
ChrisA Posted January 18, 2009 Report Share Posted January 18, 2009 This is a soild working base for curent and future applications. The only thing that could have been a Red Flag in our application, was our divorces, she twice ('93 & '03) and my resent divorce. The basis is that mine was finalized in Feb 07 (International Divorce), and our engagement was in Mar 07. Date of separation was in Oct 05. I address this issue directly in my EOR letter, in fact I stated this in the first paragraph, that my Lao Po wasn't the reason for my divorce. Also I did email this to GUZ and brought the notarized letter with me for the interview. If GUZ had a question, she had the answer. Link to comment
Tom and Ling Posted January 18, 2009 Report Share Posted January 18, 2009 I hate to bring this up and don't want to put salt in anyones This list is quite good. The best way to deal with any and all red flags is to front load your application. Remember the rules the VO must live by, they can only use any evidence not available to USCIS to deny. This means if you think you have a red flag, provide it and an explanation to USCIS and your app gets to GUZ, then they can not use that against you and your spouse/fiancee. This still doesn't guarantee getting the visa, but success should be a little easier. I agree with C4Racer, if you think you have a red flag, provide it and an explanation to USCIS and your app gets to GUZ, then they can not use that against you and your spouse/fiancee. This still doesn't guarantee getting the visa, but success should be a little easier.Front load with letter of evolution of Relationship.... Tom and Ling Link to comment
warpedbored Posted January 18, 2009 Report Share Posted January 18, 2009 I agree with C4Racer, if you think you have a red flag, provide it and an explanation to USCIS and your app gets to GUZ, then they can not use that against you and your spouse/fiancee. This still doesn't guarantee getting the visa, but success should be a little easier.Front load with letter of evolution of Relationship.... Tom and LingThe hole in this argument is GZ doesn't white slip for any of those reasons. They use the catch all irrefutable, not bona fide relationship. Link to comment
Randy W Posted January 18, 2009 Report Share Posted January 18, 2009 Yes - I believe that the business about "they can not use that against you and your spouse/fiancee"is WAY overblown. It is also illegal for them to give a visa to someone they feel is in a non-bona fide relationship. You can bet if they come to that conclusion, you WILL get a white slip, with a completely legal reason on the white slip. My advice is to be VERY CAREFUL about providing ammunition - even if it is "okayed by the USCIS". Link to comment
hankster Posted January 18, 2009 Report Share Posted January 18, 2009 More study needs to be made before reaching a conclusion. If true then as Mike suggested it is likely because of directives from DOS or perhaps a new stricter head of the IV unit.I wonder if Dan (dnoblett) is seeing more white slips reported over on VJ for other countries. Link to comment
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