Stepbrow

Good luck Dale. I see your gal is from Shenyang like mine, so you better get used to eating the dumplings that they are famous for. Bring back the pink. By the way, when is your interview?

Contact Mr. Yang. He will help you arrange what you need. Most places are open on weekends, however it is best if Mr. Yang knows you are coming, so he can help handle your situation best. Good advice WD. You are going to be so ready for your interview.

Hey Red, You need to start calling the politicians. Start with your congressman. After they respond back to you. Talk to Senator Feinstein's office. I did this and I think it helped move mine along. Did you know that she is on the Immigration Subcommittee? I read a Q&A by a VO on the VJ website and he recommended it too. The squeaky wheel gets the grease. Good luck, and let us know how it goes. Hi Red it's me again. For some reason I was thinking you were from California. When you write to your senator contact the ones from your state, which I see is Indiana. Good luck.

Hey Red, You need to start calling the politicians. Start with your congressman. After they respond back to you. Talk to Senator Feinstein's office. I did this and I think it helped move mine along. Did you know that she is on the Immigration Subcommittee? I read a Q&A by a VO on the VJ website and he recommended it too. The squeaky wheel gets the grease. Good luck, and let us know how it goes.

Hi Tsap and guys. On the FBI website someone posted a link to appeals of decisions denying K-1 petitions. Here is the link: http://www.uscis.gov/uscis-ext-templating/...errFrameset.jsp Scroll down to D6, then go to 2007. This case is dated Jan. 8th, 07.It is very clear on what the requirements are: You met in the past 2 years, you are free to marry, and you have the intention. No "Bonifide Relationship" needs to be proven. I believe that this proves that there was no grounds for your denial based on "no bonifide relationship!" PUBLIC COPY U.S. Department of IEomeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration k FILE: Office: NEBRASKA SERVICE CENTER Date: LIN 05 023 53986 JAN 0 8 2007 PETITION: Petition for Alien Fiance(e) Pursuant to Section 101(a)(15)(K) of the Immigration and Nationality Act, 8 U.S.C. 5 1 101 (a)(lS)(K) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. Robert P. Wiemann, Chief Administrative Appeals Office Page 2 DISCUSSION: The Director, Nebraska Service Center approved the nonimmigrant visa petition but subsequently revoked that approval. The matter is now before the Administrative Appeals Oflice (AAO) on appeal. The appeal will be sustained. The director's revocation of the approved petition will be withdrawn. The petitioner is a citizen of the United States who seeks to classify the beneficiary, a native and citizen of Albania, as the fiancke of a United States citizen pursuant to section 1 Ol(a)(l 5)(K) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(15)(K). The director revoked the nonimmigrant petition after determining that the petitioner had failed to submit sufficient evidence to establish that she and the beneficiary had a "bonafide relationship." The director cited concerns raised by the beneficiary's interview with a consular officer at the U.S. Embassy in Tirana, Albania, subsequent to Citizenship and Immigration Services' (CIS) approval of the petition benefiting him. Decision of the Director, dated April 3, 2006. The issue before the AAO is whether the petitioner has overcome the grounds for revocation. Section 1 Ol(a)(l 5)(K) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 101(a)(15)(K), provides nonimmigrant classification to an alien who: (i) is the fiance(e) of a U.S. citizen and who seeks to enter the United States solely to conclude a valid marriage with that citizen within 90 days after admission; (ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the beneficiary of a petition to accord a status under section 201(B)(2)(A)(i) that was filed under section 204 by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or (iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien. Section 214(d) of the Act, 8 U.S.C. 5 1 184(d), states, in pertinent part, that a fianck(e) petition: . . . shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within two years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien's arrival. . . . The petitioner filed the Petition for Alien Fiance(e) (Form I-129F) with Citizenship and Immigration Services on November 1, 2004. It was approved by the director on February 11, 2005, but returned to CIS following the beneficiary's interview at the U.S. Embassy in Tirana on August 26, 2005. The Department of State consular officer who conducted the interview determined that the beneficiary was not eligible to receive a visa because his relationship to the petitioner was not "bonafide" and he, therefore, did not have "the required family relationship or civil status to qualify for the immigration category sought." The director issued a notice of intent to deny, requiring the petitioner to submit evidence within 60 days to establish her relationship with the beneficiary. Decision of the Director, dated November 15, 2005. The Page 3 petitioner responded to the director's request on January 4, 2006. The materials provided by the petitioner to establish the genuineness of her relationship with the beneficiary included: a letter written by the petitioner stating her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent money to the beneficiary. On April 3, 2006, the director revoked approval of the Form 1-129, stating that, the petitioner had failed to respond to the Service's request for evidence. On appeal, counsel asserts that the petitioner had timely submitted additional evidence and provides the USCIS Case Status printout in support of this assertion. Form I-290B. As the USCIS Case Status printout shows, the applicant submitted additional evidence on January 4,2006. As such, the AAO will consider the evidence to be timely. Counsel re-submitted the letter written by the petitioner stating her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent money to the beneficiary. Section 214(d) of the Act states that CIS shall approve the Form I-129F when a petitioner submits evidence to establish that helshe and the beneficiary have met within the two-year period immediately the filing of the Form I-129F, have a bonafide intention to marry and are legally able and willing to marry within 90 days of the beneficiary's arrival in the United States. In revoking the instant petition, the director appears to have imposed an additional requirement on the petitioner - establishing the genuineness of her 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 2 14(d) of the Act stipulates that the petitioner must establish that she 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. The AAO has found nothing in the record to indicate the petitioner and beneficiary do not intend to marry within 90 days of the beneficiary's arrival in the United States. The AAO notes the concerns expressed by the consular officer and, subsequently, the director regarding the beneficiary's lack of a close relationship to the petitioner. However, as just noted, section 214(d) of the Act does not require the beneficiary to be knowledgeable regarding the petitioner or her history, nor that CIS evaluate the closeness of the fiance(e) relationship before approving the petitioner's Form I-129F. Instead, it allows for the approval of the Form I-129F when the petitioner and beneficiary have met no more than once during the two-year period preceding the date of filing and may never have met previously. Accordingly, the reservations expressed by the consular officer and the director are not probative for the purposes of these proceedings. The director's revocation of the instant petition is based solely on the petitioner's failure to submit sufficient evidence to establish the genuineness of his relationship to the beneficiary. As the director erred in imposing such a requirement on the petitioner, the AAO finds the petitioner to have overcome the basis for the director's revocation of the instant petition. Accordingly, the AAO will sustain the petitioner's appeal and withdraw the director's revocation of the petition. The burden of proof in these proceedings rests solely with the petitioner. Section 29 1 of the Act, 8 U.S.C. 5 136 1. The petitioner has sustained that burden. ORDER: The appeal is sustained. The revocation is withdrawn. The petition is approved.

Hi Cody, In California each school district has English classes for people learning English as a second language. Contact your local district to see if they have this. Also, if they don't maybe you can get a teacher to tutor her. Another source is online. Do a google search for ESL. Let us know how it goes.

Congratulations Lee, You have achieved a great milestone Georgiandi, you make me laugh!

Thanks for the update Griz. Your leading the way for us newbies. We'll try to learn from your mistakes.

Best Wishes, and Good Luck to you all! Let us know your outcomes.

http://candleforlove.com/forums/index.php?showtopic=30084 WenDylan, Thanks for digging that out. It's good info.

Happy Day! Congratulations

Bill, Here is a site for teaching jobs in china: http://www.eslcafe.com/ Check it out if you already haven't.

Hi Tsap, I just read your post from August 07. Many thanks for the info. I like that I have met and got to know (from reading their posts) so many good solid people. Friends to be I hope. About your experience, and in the spirit of trying to be helpful, did you get your congressman, and senators involved in this. Ted Kenned is head of the Department of Homeland Security Senate oversight committee. this committee overseas USCIS. Did you contact a lawyer about filing a suit to have the decision reversed? I know I saw on FBI links to cases of appealed decisions that were reversed for K1 cases. It is possible to reverse bad decisions. Don't give up. You are a good guy, and we all appreciate you, and we are all pulling for you.

Hi Guys, I am pretty sure that the grandparents need to have a round trip ticket. Air China seems to always have the lowest fares. You can check on their website. With China Air, I believe that they have a provision to change dates for a little more money. Their webstie is www.airchina.com.cn Good Luck