khim

Looks that way from my point of view... I just opened the Notice of Decision letter today (dated June 23 09) saying that my wife's I-129F has expired because the B was not issued the requested K-3 visa. However, the P can choose to file a new form I-129F. My K-3 was switched to a CR-1 sometime ago... how does that play into this? ...and my question is; Do we refile or do we wait?

sure fire way to wake them up is with a writ of mandamus. One step ahead of you Chilton And the FOIA's apparently didn't yield anything for you? One good thing with FOIA... I was issued a number and I can track the position of where I am in line... The bad things is... Your request is currently number 6680 of 7498 pending requests in Track One. Date received: 01/16/2009 ...another long wait. Also if im not mistaken if for some reason the USCIS sides with the consulate I think you can appeal to some sort of appeals Court and if they decide in your favor she gets the visa with no interview. I'm not certain maybe somebody can else knows. Three things can happen with the denial board. 1) USCIS agrees with DOS 2) USICS disagrees with DOS 3) USCIS request further information of relationship If 1 happens, you can request an appeal. Appeals are not always granted, which makes no sense... your guilty... that¡¯s it. This is not want we want. Option at this time is start the process over again. The only problem with this is that it shows up in you file. It has been mentions to my wife that we should forget about the CR1 visa (denial) and start a new visa process. You can actually start a new visa... but the first is still there. The process will go undetected until she returns to GZ for her new interview. A big RED flag will pop up from the un-finished denial case and this is not good! The file can be stamped, as fraud and any access to the USA will be permanently denied. There is a good lesson here... ANSWER ALL and FINISH EVERYTHING If 2 happens... This is what we all want. Once USCIS sends the letter saying that the decision form DOS has been overturned, DOS will contact my wife and she will be granted a second interview within one month. Popular consensus says that she will not be interviewed; instead she will be issued her visa. This is NOT true. She will be interview again and the results can be negative again. It is completely up to the VO. And if 3happends... USCIS will request new information to prove that we are a bonafied couple and then base their decision. KEEP DOCUMENTING YOUR RELATIONSHIP! For now I will keep my aggressive bombardment of letters to USCIS and calls to Congresswoman Eshoo. I will also continue to go to the GZ Embassy every time I am in Chain and speak with the DOS people. ...and a few other things!!!

Hello everybody, My apologies for being away so long but first off... Chilton my congratulations to you and your wife, that was wonderful news for me to read! Sterling... PM me your email address Update for us as of today¡­ WAITING FOR USCIS TO REVIEW CR1 DENIAL!! Interview Date: January 23, 2008 Denial Date: March 08, 2008 Denial Recorded at USICS: May 19, 2008 Continued Action: http://www.familybasedimmigration.com/foru...hread.php?t=386 **Contacted several immigration attorneys. (This was while case was still in China. All offered advice, but no one was interested in taking our case (client overload) (Contacted several attorneys here in the states... all say the same things... contact us once USCIS reviewed case.) **My wife sent copy of the 221(g) **Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned. (Case was reviewed by supervisor and still returned) **Contacted Congresswoman Eshoo who contacted DOS and USCIS on my behalf. (I did this too late in the process so no real help there but still something that I need to do and I am still in contact with. All my letters to USCIS are also sent to Eshoo.) **File a Freedom Of Information Act request for DOS. (DOS interview findings.) **File Freedom of Information Act request for USCIS. (DOS interview findings.) **Contact CIS Ombudsman http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm **Total trips to China... 5 to date. **Results to date... WAITING FOR USCIS TO REVIEW CR1 DENIAL!! WAITING FOR USCIS TO REVIEW CR1 DENIAL!!

Thanks everyone for your advise and comments. Last night I had my wife talk about every detail of her interview and remembered things in the interview that could of had a negative outlook on our case. Not anything that she did but more in the follow up or reactions to the VO questions that could be interpreted as suspect in his eyes. People out there going through this.... Spend time talking to your wives and girlfriends about every aspect of their interviews. Talk about it a lot... over and over. The answers are there... find them and fix it before the white slip! When she got her blue slip, some of the information that the VO had troubles with did not show up on her on the fix-it letter. If it did, we could of very easily addressed it then. I ask myself why didn't she get a second blue, instead a very quick white??? Probably will never know But if you get the dreaded blue... do not take the information as the fulfillment of the VO's suspicions. Quiz your wife/GF. Reconstruction the interview if you have to. What might seem unimportant to her at the time could be very important to your case. I understand the VO's suspicion. I see things very clearly now. We have a direction and together we will fix this and live happily ever after...TOGETHER!

Conversation with Peter Pagnet partner Ping (not completely sure on his name). Ping was a very nice helpful man. He took the time to answer all the questions that I asked of him. In general this is what he said to me: Denials are not based on any one thing. The consulate looks for couples in bona fide relationship beyond common entries¡­ meaning: phone records, chats records, and such are basically meaningless to them. Examples of out of the common would be: pregnant wife, USA house in both names, joint bank accounts, utilities in her name¡­ etc What would need to happen from here for us would be: 1. My wife goes to GZ and has a ½ hour consultation, presenting all her documents and pictures. 2. I would be on speakerphone and part of the consultation. 3. The case would have to be a strong case with strong evidence (as mentioned above) to be accepted by them. 4. If accepted, their office would arrange a meeting with the Consulate supervisor to review the evidence. 5. This would all take time and money. 6. $5000.00US or more depending or the case¡­ maybe less. Take this for what it is worth.

Thoughts to ponder... my wife continues to use her Chinese family name after we married. My plan was to officialy change it after she came to the USA. She also has a ITIN number that I use to claim her om my taxes for 2006 and 2007. As far as the IRS is concerned we are and bona Fide married couple. Her ITIN number was also persented to the VO as proff as a bona fide relationship. My wife doed not wear a wedding ring. This again I was waiting for her to get here and when we have a USA wedding I would give her my ring.

We do Have a joint bank account that was presented in the follow up papers and in my hand wriitten report to the VO. It did not make any difference in his findings.

What lawyer did you use?

Hi Chilton747, Did you hire Marc to handle your case? Why did it take almost two years? What did you do in the mean time to help your case? Sorry about all the question... but I am not going to stand by for two years waiting for a VO to decide my life. IT JUST ISNT RIGHT!

Thanks Tsap Seui!! Question: If there is in increase of CIS/denials recently, is there a crack down on Frad cases going on and if so when the VO, in his eyes see strong evidents of fraud, why would these cases like mine not end up in a court? Or... is there something else going on here between the US and China that I havn't read about?

I was only able to make two trips to China because of my fathers death and family affairs here in the US. Once that was taken care of my wife had her interview and I was hoping to take my trip to bring her back. Unfortunitly it did not work out that way.

My wife and I have been married for over a year and a half. We have been working on the visa process for almost as long. She had her CR1 interview in Guangzhou, China on January 23, 2008. Her entire interview lasted about 10 minutes and it was determined by the VO that all the documented records of phones call, msn chat, yahoo chat, yahoo voice, my cell phone records, and personal letters between us that we put together could have easily been forged. Even more surprisingly ,he was not interested in taking a look at those documents and it seem like he had already made his determination even before she talked with him. I have read a lot about GZ... and now i am not so surprised by the reaction of the VO. My wife left the interview with a blue paper and a pink paper. The blue paper stated that Consulate was unable to issue a visa based on Title 221(g) of the INA. The pink paper was the check sheet of information needed. The checked boxes were: Correspondences… Provide as much information to document the development of our relationship. Statement… Provide a detailed handwritten statement by the petitioner describing the evolution of our relationship. Statement… A handwritten statement documenting every trip taken I had taken to China to visit my wife and how we spent our time together. I put together all the information that they required, assembly it into a 1" binder with folder tabs to make it very convent, and mailed the completed 1” binder full of pages and pages of information on our relationship to my wife in China. She added the original blue and pink sheets to the binder and as instructed mailed it to the Embassy. On Friday she received this letter in the mail: THE CONSULATE GENERAL OF THE UNITED STATES OF AMERICA Name of Applicant: Date: Dear Immigrant Visa Applicant: The Consulate is unable to issue you an immigrant visa because, according to the section of the Immigration and Nationality Act, section 5a, you do not fulfill the eligibility requirements for the partitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not has a bona fide relationship with your petitioner. The Consulate will now return your case to the Home Land Security, Citizenship and Immigration Services of the U.S. Department (CIS) for review and possible revocation. You will be informed by mail when the Consulate transfers the case back to CIS. Once your case has been transferred, please contact the CIS for information on your application. Processing your for return to CIS may take several months. Additional specific information regarding the reasons for decision can only be acquired during the CIS appeal process. If you or your petitioner contact the Consulate by email, fax, letter, or in person, no specific information will be provided nor additional documents will be accepted. Now I do not understand why she was so coldly denied a visa. This has emotional devastated us. Cases that are sent back to CIS for revocation are based on clear evidence that will hold up in a court of law, supposedly (The more I read about this the more it seams like a big fat ugly joke on us!). I know we did not do anything wrong. We both worked very hard with preparing and documenting our visa information. Has anyone been here before? What can we do from here? I know that GZ is dead. Do we appeal? Do we terminate our CR1 and begin all over again? Do I stow her away and take our chances... I say this jokingly but now realise that she might have better chances on a ship vs GZ! I have read Title 221(g) of the INA… just a lot of words and really not any thing related, (After reading and reading... I am no longer surprised by this!) but where is section 5a? I cannot find any information on this. I would really like to know what the Consulate found to be detrimental to my wife’s visa ( I also now understand... after reading and reading that this will never find an answer.). My wife and I talk 2 to 3 times a day and on weekends we video chat. This was OK while going through the visa process but now we want to be together as a husband and wife should be. Please all advice and information is greatly appreciated. Khim and Bizhen