benc
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Posts posted by benc
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noted
but since my wife have a SS# when she was here before she got a divorce and went back to her home country. so that SS# is still valid.
and when she make it back... i'm not in a rush to push her back into the work force.
i know the cost difference between the 2. money doesn't matter.. i only care about when can she come back home.
I will post my stock K-3 vs CR-1 post.
If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 may save you about a month, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...
For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.
K-3:
I-130: $355
I-129F: NONE
Consulate: $131
AOS: $1010
($1496)
CR-1
I-130: $355
NVC I-864: $70
NVC Visa fee: $400 ($355+$45)
($825)
I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.
K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.
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if i sent in a I-130 and a I-129F ( Cr1/K3 ), will i get 2 case # from NVC for each application?
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My I-129F (K1) is still being review after getting denied from GUZ. My new I-130 (CR1)/I-129F (K3) just got approved today.
so my question will be.. what happens if we get a interview while the old K1 is still pending.. what would happen ?
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like you said that was a few years ago. Alot has changed.. is there a update version ?
I know of another member that this has backfired on. It depends on exactly what the denial was for and if a mark of mis-representation is on the denial. This other member got denied a K-1 and simply married and filed an I-130 for a CR-1 and got denied again the CR-1. You may need to address the K-1 denial.Can anyone tell me if going to the Monday metting will help with a refusal on grounds of bona fide relationship
GZ has many colors.
From reading your short post.
You must have gotten a BLUE or maybe even a WHITE slip?
What color do you have?
With out knowing what you have and more details, How can we help you?
We got a white letter being refused because of not having boni fide relationship. 221 (g). It also says the file will returned the states for review or possible revocation.
From what I read there is not much recoarse from this very unfair judgement of our relations.
The other thought is to be married in China and then apply for other type of visa. Is this possible? Would it make a difference if we were married in China?
It did for me.
This was written about a few years ago by Ellis.
http://www.ilw.com/articles/2006,0323-ellis.shtmLawyers ¨C Be Careful Here!Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.
If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).
A Rude Surprise at the Second Consular Interview
Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,
¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±
The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.
An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?
Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.
Need more details.
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Too late, that already happen south of the border.
Because I certainly understand the reason and the necessity of this tight control measure. Otherwise, your country would be flooded with ... you know what. -- (something undesired, something you'd call a plague). -
I got married in HK is not because is faster.. is because i have family here and i'm also a citizen there in HK ( duel citizenship ). So hopefully that should be ok for me.
If your going to HK because its faster then Guz well good luck. I hope you have a GREAT reason to tell them. I wish you the best.
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i don't that is true that if you file for a I-130 and also I-129F that you will be denied in HK. the situation is different for everyone. in your case its communication. getting visa in HK is not easier, its just they process faster than GUZ.
Brokenheart, I'm assuming you were present for the interview in HGK , what reasons for not bonified did they give you if any ?
They did not think the marriage was real, and the wife couldnt speak fluent english, and I couldnt speak fluent chinese. You have to remember, the wife and her friends know about US immigration inside and out. She will not listen to me. She will listen to her friends though. When she says to the officials, I talked to a lawyer friend and he said coming to HK is much easier to get visa, well that sunk that ship.
Nobody with a I-129F and married will pass interview at HK, they will say to them like they did me, go to GUZ. So thats a waste of time to go to HK.
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for me, i just sent out the I-129F ( but i added more paperwork to it )
also i'm just let the old I-129F hanging out there till they give me a decision.
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look at this quote. since she said she can't get married unless she own property.. that will mean that either you or she will need to by a apartment . well if she been there in GZ and still can't buy a apartment, that mean you will need to pay for it with your US dollars. ( not really sure about this ) can you buy a place if you are not a citizen there?
ok.. even if u do buy the place you will need to put her name on it before you get married. Thats when you going to get screw. she will take your apartment and dump you. so u will be left with nothing.
remember, life is difficult in china, and one will do anything to gain a better life. (unless you work for the goverment)
That hu kou does not allow people to get married unless they own property.
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Since all u don't really want to say it.. i'll say it.. here it comes.
Maybe she is already married and your just playing her game.
She can certainly get married in Xijiang, where she is registered. Also, she will probably need to go to Xijiang to get her notarial records that will be needed in the visa process.
So ask her why you can't go to Xijiang together, meet the family and get married.
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you only can do that id you ar working or loactated in china, if u are in the USA , you can't uset that service, right?
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once u get denied with a "not a bonafide relationship" , how do u find out why and what the vo wrote ?
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I sent money to my wife thru Bank of China and it usually cost only $20 USD. never more unless u need to make a correction.
i think u can also send monet thru Western Union.. to a china bank.. but double check to make sure.
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i think by telling the vo this already tell the vo you want to bypass GUZ
" Wife tells him we go HK to marry to have interview HK. "
I never heard of front loading until 4 months on here. So I just sent petitions using instructions from VJ only.
Questions asked wife, remember after I was asked upstairs, after they had already taken photos from her album, sealed medical records and looked at a binder full of chats and emails and other stuff.
The first grilling was in front of me, I stood up to go to her and was told to go sit down. (1 hour)
What website we met at?
Does wife understand english?
Does husband understnad chinese?
Husband full name?
What I do for work?
How many times divorced?
Do husband have kids and how many?
Where does wifes daughter live?
Did husband know step daughters husband before daughter married?
How far husband live from daughter and son-in-law?
Any other relatives in the US?
He told wife he does not believe we have a reliable marriage
Wife tells him we go HK to marry to have interview HK.
Asks where we have been to visit in China?
He asked wife why 1st interview not take husband taxes? thats BS
Finally say to wife not believe the marriage is true.
Some of these questions were in an office I was not allowed in.
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i think the VO already know what they plan to do even before you walk in.. i think they pre-determine base on the evidence you submitted with the application. only when they feel that they can't make a desision, that's when they ask for evidence.
but what i think the major cause of this rejection is communication. if your only able to communciate with your wife via / internet chat via google translator or even a pda, how can u keep that up without her learning any english. even if he said he speak very littlte chinese , when she reply to him verbally, hoe will he be able to understand what she is talking about?
I don't think it's validity of the marriage that's the question. The DOS giving the visa for the US is the sticking point.
Yes, there might be something to that. I was just curious about what was being asked of the Lao Po, and also some information regarding the Hong Kong marriage, for 'consular-shopping' sake. Plus, it's been posted that at the interview both people can attend. I was wondering if they conducted part of the interview in Brokenheart's absence.
it sounds to me like Hong Kong consulate were pissed off,Because Brokenheart and his girl went to Hong Kong to marry to avoid Guz "shopping for a consulate"sort of speak,and Hong Kong consulate played the childish game,"because you did that, we're not giving you the visa...nanananana......"we have the power."
And from what i am reading,and i too would like to hear the questions,and more details.But he took a suitcase of evidence of a bonafide relationship,and little or none was looked at?.......ok.....VO sees some red flags,ok,they are doing there job,........but for GOD SAKE,MOTHER OF GOD.....somebody tell these folks to look at evidence........ damn it,i get so F/N pissed off at this crap.....i mean,the guy brought a kitchen sink whats the point.....he couldve brought 12 kitchen sinks,cut his heart out and thrown it on the ''VO" lap,what is the point if they are not willing to look at the evidence.He couldve had a letter from president Obama with him,saying give this couple a visa,so these two lovely folks can finally live their lives together.The VO would probably refuse to look at it .If they arent willing to examine the evidence......they will never know the whole picture of anything....... we have a people playing God.psychics,reading tea leaves,a judge and no jury.
I hope people are writing them letters,because this crap has got to stop.it is just complete nonsense.....beyond absurd.
Jimi
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i'm sorry that that happen.
i'm planning to have my interview in HK..
according to your interview - it look like they rejected you for the following reasons
- can't communicate with each other in fluent english.
- having your marriage in HK to interview there ( have no ties in HK what so ever )
is that correct ?
i really don't understand whay is it a big deal if one get marry in HK or not?
1- due to exchange rate, HK is much cheaper
2- HK is a nicer place to get married
3 - U.S. is all about Freedom, so why they bitching where u get married.
i can understand the communication part. if u can't communicate with your wife (in english, and u hardly speak chinese) after 4 years of marriage. that's will look very awakard.
( i know i'm going to get flame by the last statment.. but that's the truth )
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sorry, one more question..
I just re-read the instruction for the I-129F
on page 2 #2 - Filing Limitations on K Nonimmigrant Petitioners.
if i file a I-129F a year ago, while that one is pending for review . and now i'm going to file this new I-129F ( for K3 ) , do i need to apply a waiver ?
on page 4 #8 - How do you use this form for your spouse seeking entry with a K-3 Visa.
where it said , you must submit the documents required in items 1.2 and 4 of the instructions. What is Item 1, 2, and 4?
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yes.. i have instructions.. so i guess the same evidence that i provided from my old I-129f + also the evidence i included in my new I-130.
thx for info.. 1st time doing it by myself..
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i have another question. when sending in the I-129F after receiving the NOA1, do i have to also include evidents with it?
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According to Marc Ellis, he think that we got denied becuase her ex-husband was Vietnese.
when i file the i-130 , i provided evidents for marrriage ( of course ), on going relation with pictures, telephone bills, and also letter my friend wrote.
I want to go for K3 becuase i hate GUZ. and also i hear is much more friendly oriented in HK and also i can accompany my wife durring the interview.
how can i include that as part of my petition since i still have not got a responds back yet and now since i have a noa1.. i need to send the I-129F out in a few days
NOA1 is received petition; NOA2 is approved petition.
It seems the lawyer recommendations is NOT to cancel the previous petition... I would follow that. Find out what you can about the old petition. Include that as part of the new petition
maybe you are pulling a trigger to quickly; you can marry when ever you want; but you should file carefully...
you filed a I-130... why file the I-129F?
Sorry.. I am going to be honest here.. I rarely am
Why would someone get married and not pursue the I-130? but opt for the I-129F? You want an optional petition for an original wife?
It's original use seems no longer needed.. I wish they would get rid of the I-129F for K3.
Ok.. let's stick to you situation.... you did not file anything with the I-130 to deal with the fiancee issue.. ergo, you'll not have any time to file any extra with the I-129F for K3.
Your only options is to bare your full story (from meeting to interview) and hope someone understands some reason for why you were denied.
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how can i include that as part of my petition since i still have not got a responds back yet and now since i have a noa1.. i need to send the I-129F out in a few days
NOA1 is received petition; NOA2 is approved petition.
It seems the lawyer recommendations is NOT to cancel the previous petition... I would follow that. Find out what you can about the old petition. Include that as part of the new petition
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What is NOA1 and NOA2?
i know what NOA stands for = Notice of Action
i just got a NOA back.. it is reguard that they receive the package collect the fee and started processing. is that NOA1?
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I used her for my marriage.. she is very nice..
Hi Peter,
Thanks for the name. I will use them to start immediatly. I did not get the message from you a few weeks ago. I checked my inbox several times and I just figured you were out of towm or lost it. Anyway thanks a lot. This will help us.
Let me ask you if I remember correctly, you did marry in HK already and did you get the visa or are you still waiting for interview? I just read your timeline and now see the info.
How long were you in HK and did your wife have to go there first and sign papers?
JS
We were in HK for just two days and two nights. You should be aware of what your SO must do when she crosses into HK, my SO had to find a tour group operator to stamp her HK visa at 11pm at night (for a fee..of course).
BTW No my SO didn't have to go early, all the ground work was done before hand by the lawyer. We could have gotten it all done in one day (maybe?).
BTW The following you probably won't need unless your wife is not in the US by tax time next year.. You probably don't know about the form-7 tax stuff do you? ..
BTW.. anyway to who ever is lurking....
While there we went to the embassy and get the wife's passport notarized for income tax purposes (you need a notarized copy to file a form-7) and getting it done at the HK embassy might show on your file. Its best to make an appointment. Make it for the afternoon then you can go to the marriage registry (just a few blocks away) in the morning to get the license, take the tram ride (200 feet from the embassy) to the Peak look-out /restaurants for lunch and do the passport in the afternoon.
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i hire a lawyer.. there and have everything done at her office.
why do one have to have a excuse to interview in HK?
how about this excuse - i was born there.. will that do ?
I-130/I-129F question
in General Visa Discussion & First Steps
Posted
David, i read why some people get denied when they go to interview in hong kong. one reason is that they have no ties there., but i do since i have relative there.
also.. i receive my K3 # already.. but have not receive the one for the I-130. Should i call NVC to get the #? so i can start the electronic processing? or should i wait for the snail mail?