My K-1 GUZ experience

[ricaltman]

If you are reading this, I probably am too late to talk you out of filing for a fiancee visa, so read on.

 

I met a girl on match.com in March 07, and after 6 months online, we met in Beijing. A few months later in November, applied for a K-1 visa. Including a second trip to China, we had everything the consulate says to have, but at her interview date, August 25, 2008, she was denied. No explanation other than "not a bonafide" relationship. The interview officer was a very large black woman. She looked at none of the volumes of evidence we had but focused on the fact that my divorce had been finalized within a week of meeting this Chinese girl and also that my fiancee's English was poor. The woman was unprofessional, arbitrary, argumentative and downright abusive at times. I was not in China for the interview date which I think was a mistake. More on that later.

 

I hired an immigration attorney in Denver named Jay Choi and at that point, chose to use the appeal route described in the US immigration websites. Over the course of a couple of months, he wrote several letters of which none got a response other than the same form letters I had received and a couple of other non-responsive letters, none of which answered any questions. $7,000 down the drain.

 

I then heard about Marc Ellis here on this forum. After a quick consultation with him, I hired him and he recommended forgetting the appeal and immediately re-filing another I-129F. This was good advice. Forget the appeal process, it has been over a year since the denail and I still have not received anything about the appeal process. He is tuned into East Asian immigration in general and the Guangzhou problems specifically. He has great insight and wrote a very good cover letter for my second I-129F. He oversaw all over the paperwork and helped shape the entire package I sent with the I-129F. He had someone who spoke Chinese interview my fiancee at the beginning of my second attempt and also had a Chinese speaking attorney interview and coach her right before the consulate interview. He also had someone well versed in the situation come to our hotel room and organize the mountain of paperwork and evidence into something more presentable and coherant. $1,500.

 

She was granted a visa yesterday. There are several things I attribute the success to:

 

1. Marc Ellis' help, direction and organization.

2. The second application demonstrates commitment and perseverance.

3. I was in Guangzhou and my fiancee took my passport to the interview, which the visa officer seemed to find important.

4. By this time, I had been to China five times to see my fiancee.

5. My fiancee's English had greatly improved since the first interview. She has been taking an intensive English course for four months, 6-8 hours a day, 7 days a week. Apparently the first interview officer had made a note in my fiancee's file that her English was poor.

 

I'm sure it is possible to be successful with a K-1 on the first attempt without an attorney, but many times it can take two or three years with no guarantee even then. I strongly suggest calling Marc Ellis right away no matter where you are in this process. It's going to greatly improve your chances and is money very well spent. His address on the web is at http://www.marcellislaw.com .

[Kyle]

I'm glad it finally worked out for the both of you. Congratulations!!

[Henry and Mei]

CONGRATULATIONS.........Hope the process goes better for you now.

Enjoy bringing her home!!!

[Randy W]

Congratulations - good job!

 

Just to correct a misconception - there is NO appeal of the visa denial. The decision of the VO is final, and is not subject to judicial review. You can appeal decisions made by the USCIS, but not thos made at the consulate (DOS).

 

What MAY follow a denial is a revocation proceeding. The purose of which would be to revoke the original petition. The only stake you would have in this proceeding would be to avoid that black mark in your file.

Edited September 24, 2009 by Randy W (see edit history)

[kimo]

If you are reading this, I probably am too late to talk you out of filing for a fiancee visa, so read on.

 

I met a girl on match.com in March 07, and after 6 months online, we met in Beijing. A few months later in November, applied for a K-1 visa. Including a second trip to China, we had everything the consulate says to have, but at her interview date, August 25, 2008, she was denied. No explanation other than "not a bonafide" relationship. The interview officer was a very large black woman. She looked at none of the volumes of evidence we had but focused on the fact that my divorce had been finalized within a week of meeting this Chinese girl and also that my fiancee's English was poor. The woman was unprofessional, arbitrary, argumentative and downright abusive at times. I was not in China for the interview date which I think was a mistake. More on that later.

 

I hired an immigration attorney in Denver named Jay Choi and at that point, chose to use the appeal route described in the US immigration websites. Over the course of a couple of months, he wrote several letters of which none got a response other than the same form letters I had received and a couple of other non-responsive letters, none of which answered any questions. $7,000 down the drain.

 

I then heard about Marc Ellis here on this forum. After a quick consultation with him, I hired him and he recommended forgetting the appeal and immediately re-filing another I-129F. This was good advice. Forget the appeal process, it has been over a year since the denail and I still have not received anything about the appeal process. He is tuned into East Asian immigration in general and the Guangzhou problems specifically. He has great insight and wrote a very good cover letter for my second I-129F. He oversaw all over the paperwork and helped shape the entire package I sent with the I-129F. He had someone who spoke Chinese interview my fiancee at the beginning of my second attempt and also had a Chinese speaking attorney interview and coach her right before the consulate interview. He also had someone well versed in the situation come to our hotel room and organize the mountain of paperwork and evidence into something more presentable and coherant. $1,500.

 

She was granted a visa yesterday. There are several things I attribute the success to:

 

1. Marc Ellis' help, direction and organization.

2. The second application demonstrates commitment and perseverance.

3. I was in Guangzhou and my fiancee took my passport to the interview, which the visa officer seemed to find important.

4. By this time, I had been to China five times to see my fiancee.

5. My fiancee's English had greatly improved since the first interview. She has been taking an intensive English course for four months, 6-8 hours a day, 7 days a week. Apparently the first interview officer had made a note in my fiancee's file that her English was poor.

 

I'm sure it is possible to be successful with a K-1 on the first attempt without an attorney, but many times it can take two or three years with no guarantee even then. I strongly suggest calling Marc Ellis right away no matter where you are in this process. It's going to greatly improve your chances and is money very well spent. His address on the web is at http://www.marcellislaw.com .

Congrats on your success> you give me hope and perspective on dealing with the blue slip I got last week.I now know why they give a blue slip as I have been bluer than blue ever since.When it goes bad it can go really bad.Thanks for the Link I will follow it

[dnoblett]

Glad it worked out for you.

 

From your description the VO may have been the infamous "Black Pearl". From what I have been reading there was a problem with a couple of visa officers being overzealous with the "non-bonafide" excuse, this came to ahead this spring and they were removed from the consulate, since then there has been much less of this. In many of these stupid denials USCIS has either canceled the case and informed the petitioner to file again, or USCIS has sent the case back to Guangzhou for another interview.

 

I would not tell people to not atempt K-1 based on an experiance a year ago, things have changed, and from what I have been seeing they have changed for the better.

[Guest Pommey]

glad it worked out for you .

 

M.E has lots of experience in denials and refiles.

[Jon & Cindy]

Congrats! Thanks for sharing, that'll help out a lot of people in a similar situation.

 

Jon & Cindy

[N&J]

congratulations!

 

you were interviewing during the infamous period when GUZ was stingy with pinks but not with blues and whites.

[Jaseball]

It took us 1.5 years and an overcome of a blue for former CCP membership to get the visa.

 

We never paid an attorney, but we used CFL and early on VJ extensively for research and advice.

 

My fiancee had a very nice brunette lady CO who said because of the past party membership they had to run additional checks, since that was their procedure.

 

Thank goodness we didn't get this large African woman. I'm firmly convinced some folks abuse their 'power,' and get some sick pleasure in trying to delay or ruin the lives of people going through this K1 process.

 

I felt 1.5 years was way, way too long, but it was the fastest we could have hoped for given our circumstances.

 

I'm sorry to hear how your own experience was even longer, far more expensive, but I hope you have a wonderful relationship and as the months and years go by you just appreciate one another and have a good life together.

[Lovebane]

better a white denied than a blue blackhole.

 

The lawyer I spoke to in regards to our 2 year+ blackhole situation was that a Writ of Mandamus to force a response doesn't work for K1 Cases as you're not married.. tried with 100+ letters to senators and representative... no dice either... we cut our losses and married...

 

2. The second application demonstrates commitment and perseverance.

I think waiting for a response indefinitely proves more commitment and perseverance.. meh..

 

I walked pretty much the same path as you.. so grats to your success that you can FINALLY start your lives together

[warpedbored]

I would like to correct some misconceptions on the infamy of "the black pearl". The original black pearl was a black woman VO at the consulate some years past. She cycled out of the consulate a long time ago. Unfortunately she has become an almost mythical figure and every new black woman VO who comes to the consulate becomes " the black pearl." Since I haven't heard of a lot of denials being given by this particular woman lately I see no evidence that she is any worse than the other VOs at GZ.

 

That being said congratulations on finally getting the visa. Marc Ellis has a lot of experience with the visa as it pertains to China, especially denials.

[chilton747]

I was pretty much in the same shoes as you were. We failed the K1 but instead of refiling the K1 I opted to get married and file for a CR1. I had Marc Ellis lead me all the way. We did not do the interview thingie though. Marc felt it was not necessary.

It certainly is a pleasure having an attorney that really can get the job done.

Good luck to you in your new life with your new wife!!

[JonathanM]

Congratulations!!! I'm very happy to hear it worked out in the end. I hope no one else has to wait that long and start the process over. I will keep Marc Ellis info saved, may need it in the near future. Thanks for the recommendation.

[Stepbrow]

Congrats! Perseverance pays off.