HKG

The visa denial is final - there is no rebuttal, challenge, or appeal. The NOID is handled in the states by the USCIS. Your case was very unique in that appeared (to me at least) that they WANTED you to rebut and have the petition reaffirmed and left the door wide open for you to do so without even the court hearing. For most cases, they apparently simply want to deny the visa. They aren't interested in any court proceedings, and don't provide enough information for the USCIS to do so. For some very rare cases, they supply more information - enough for the USCIS to stage a revocation hearing. Most white slip cases simply fall into a legal black hole - they have a petition approved by the USCIS, but a visa denial from GUZ - with no further action. Please tell me is the following "paste" valid? ¡°6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial. No readjudication of petitions 7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition

A set of pre-defined objective standards would simply provide a check-list that could be met by anyone, scammer or legitimate. Basically, the law says that the decision of whether to issue a visa or not is in the subjective eyes of the Visa Officer. If you would like to help change the law, you could work with an organization such as American Families United. I do not know where you found this subjective explanation of the VO having this discretion, from what I read of State Department memos an approved I-797 is Prima facie evidence of fact.

A set of pre-defined objective standards would simply provide a check-list that could be met by anyone, scammer or legitimate. Basically, the law says that the decision of whether to issue a visa or not is in the subjective eyes of the Visa Officer. If you would like to help change the law, you could work with an organization such as American Families United.

You know, the USA is a nation of law, I do not believe subjective law, when I applied for the Visa, I met firm legal requirements not subjective requirements, so I received an approved I-797. The consulates have to follow the same set of legal standards for a denial anything less is just being subjective.

Well, white was issued after what seem some easy questions from a blue 221g slip, asking for an evolution statement and travel statement, which I sent but still received a white for non-bonafide a subjective call at best. I wrote Guz and included two memos on the "prima facie" as it is called of an approved petition and the reasons for it to be denied, none of which apply to my petition, so it became subjective which I think is illegal. I also wrote my Congressman, and NVC and State Department for consular notes under the FOIA, "Freedom of Information Act". What bothers me, other than this denial is the Consulate saying by their action that I have lied and a party to visa fraud, maybe there is a law suit here for libel..

To answer my own question about what law says they do not have to state the reason, I find that they do have to state the reason in detail at this Dept. of State web site. http://travel.state.gov/visa/laws/telegram...grams_1388.html

What laws give these Consulates the ability not to say why the visa was denied?

Type or handwritten both are, OK.

There was this young person who wanted a bicycle and they prayed for this bike, there was this other person who stole the bike they wanted and then prayed for forgiveness for stealing the bike.

" To Live" the struggles of an impoverished husband and wife (Ge You and Li) from their heyday in the 1940s to the hardships that accompanied the Cultural Revolution in the 1960s. "China Cry" you may find yourself crying during this movie.

Yes.

Daoism of any Asian philosophies has much in common with Christianity. my thoughts.

Well, we got blue, the blue ask for "statments" from me on travel and evolution of relationship, no problem, but for one, the instructions say "written" does this mean actual handwritten, not typed?

This article does make one appreciate the controls the USA has in place that control food production..

I called the DOS# 202.663.1225, then the ext. # 100, this is where I receive the send out date. I tried calling this number, and it's a recorded message. I tried pressing ext 100, but nothing I press is recognized... the recording just rambles on until it's completed (and it's long). At the end, he says "for additional info press 1 now". I tried to press 100 again, but it thinks I pressed 1, and he just repeats the entire spiel... *sigh* Try this DOS Inquiry (202) 663-1225 /1/0 Pass the recording by pressing one, then 0, it will put you in the waiting queue.

Call DOS Visa services about this, http://travel.state.gov/about/info/info_308.html#visa if they tell you that the consulate sent out the instruction packet (P3) you can just do the OF-169 and DS-230 part 1 ... Has anyone actually had luck reaching a live person at the consulate visa office? I have tried to contact them several times, and I have never been able to reach a live person, not has any calls or emails been responded to. Sometimes I wonder if the consulate has been abandoned. I called the DOS# 202.663.1225, then the ext. # 100, this is where I receive the send out date.

Thanks for your replies, It seems the K1 packet 3 may have been sent out during April, possible lost in the mail..

How much time do you have to submit your P3 for K1 after receiving the packet?

Hair is good..

"Red Cherry" a movie of two Chinese children and Russian children caught up in WWII.

The ruling against the "genuineness and closeness" as an additional reqiurement is what is interesting to me. This ruling would seem to have a lot of meaning at all levels of the visa process. "In revoking the instant petition, the acting director appears to have imposed an additional requirement on the petitioner - establishing the genuineness of his relationship to the beneficiary. However, no such requirement exists for the approval of a Form I-129F and the AAO finds the director to have erred in imposing it. While section 214(d) of the Act stipulates that the petitioner must establish that he and the beneficiary have a bonafide intention to marry, this language is not synonymous with a requirement that the petitioner establish the closeness of their relationship."

http://www.uscis.gov/uscis-ext-templating/...errFrameset.jsp Type this in then go to, D6 Fiancees and Fiance of US Citizen K1 then select Jan. 08, 2007, there is another decision for Feb. 02, 2007.

I been practicing Tai Chi for 12 years, Dao and Tai Chi share a relation with Dao being known as "The Way" Daoism is a good philosophy, may be better so than Confucius in which death is final, Daoism the spirt continues that is more in line with Christian thinking, just the same I do taiji more for the physical as a martial art, the meditation comes as a benefit, my thoughts anyway :-)

Netflix carrries the movies, I mentioned.

"Raise The Red Lantern" a movie of concubines and China around 1920, great reviews.