Randy W

There may be a section 5A somewhere - we haven't found it. I believe the "not a bonafide relationship" finding falls under the fraud or misrepresentation category in GUZ-speak. Their usage of the phrase "sham marriage" is pretty well spelled out in 9 FAM 42.43 N2.2. 9FAM 42.42N2 refers to Immediate Relative petitions - I-130 - and not the I-129F, which expires every 4 months unless renewed.

This is as much information as we've gotten on the Section 5A: http://candleforlove.com/forums/index.php?...st&p=323570

More cruelty from GUZ. That is WAY too much in the way of playing with people's lives. Good job on your part. Congratulations!

I don't think he is.

"My de English, no good! Putonghua, please!" should work just fine.

Yes - I firmly believe it is. Thanks for your input as to what happened in your case - I'm sure it's been invaluable to more than a few of GUZ's victims.

Best wishes to you and your fiance, as well.

Imagine that - without pictures or anything !

The consulate doesn't readjudicate the petition - they evaluate the Chinese beneficiary's visa application. The visa is (supposedly) awarded or denied on the basis of the P3/P4 information, and the interview. This new information can be used to recommend that the original petition be revoked if it indicates that the original petition was not factual. "Fraud, changes in circumstances or clear error on the part of DHS in approving the petition" are also potential factors. The white slip is apparently the written notification that the consulate provides the beneficiary. Any consular notes or more detailed information are considered privileged information until it gets back to the US. At that point, you may file a FOI request, or get an opportunity to voice your side in court. In George's case (again VERY unique) they contacted him directly with this information. The "no readjudication of petitions" provision is the reason some believe in "front-loading" - loading the petition with relationship evidence, which is then approved by the USCIS and sent to the consulate. The consulate cannot then turn around and use that evidence against the beneficiary. The problem with your approach, like I said earlier, will be to find a court which can take a case against the consulate.

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.

From the I-130 instructions - Sorry

Yes, they are accusing him of misrepresentation or fraud. There is no court anywhere where a case against the consulate can be filed. The court hearing (if one occurs - unlikely) would be held by the USCIS in the United States on whether to revoke the petition. Are you saying they're accusing him directly in this case, in writing, or simply by extension via the denial of the visa to the beneficiary which means they're accusing all petitioners who get denials? If they've put that in writing that's one thing. Otherwise, my take on denials has always been that it's more of an accusation against the beneficiary. That would make a difference only in a libel trial - which won't fly. They (the applicant and beneficiary) are both claiming a bona fide relationship, GUZ is claiming otherwise. Libel is the publication of a false statement that is damaging to a person's reputation. This does not happen. If a misrepresentation or fraud claim is pursued, it is done by the USCIS in the US court system, as has been written about by Marc Ellis. The hearing would be based on evidence supplied by the Dept of State (GUZ in this case), who is usually only interested in denying the visa, and not in any court hearing. Thus, there will normally not be enough evidence.

Some interesting comments I found in the FAM, about re-applying:

Congratulations !

I can't agree with you - I wouldn't say it filters through everything. I don't see it myself - my wife keeps me pretty well insulated from any financial issues, except to say, "Here's my wallet, dear!".

Yes, they are accusing him of misrepresentation or fraud. There is no court anywhere where a case against the consulate can be filed. The court hearing (if one occurs - unlikely) would be held by the USCIS in the United States on whether to revoke the petition.

Don't confuse approval of the petition with approval/denial of the visa The consular official is the only person who has met the alien face-to-face In a nut-shell, the phrase "bona fide relationship" comes into play, where the determination of "bona fide" can only be made by the VO. Good luck, guy! We're with you! There are plenty of people who have been there that I'm sure will tell you about their experience.

Well, the article IS amore than a little bit sensationalized. You COULD always believe what the other guys say

. . . and a great deal of time RECEIVING lumps. http://i36.tinypic.com/2m3g3uc.gif

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.

The IUD stands for Intra-Uterine Device. These fell out of favor in the US after the Dalkon Sheild caused several abortions, but are still widely in use in China http://en.wikipedia.org/wiki/Intrauterine_device

So sorry to hear the news. Please do keep us posted as to what's happening with your case, as information about what to do about a white slip is sketchy at best, especially any dealings with the Consulate.

Over $10K is declared at customs - no problem, I hear.

You would first need to find a court that would have jurisdiction. To date, no one has. "Not a Bonafide Relationship" is a valid reason for a visa denial, and is a subjective conclusion by the VO. This may lead to a court hearing for misrepresentation or fraud after the case is transferred to the US, but rarely does. You can file an FOI request at that time. In rare cases, some have been able to contest the findings (where a specific factual reason was given), and have the petition re-submitted to GUZ, usually with a pink slip resulting. I'm sure some with white-slip experience will chime in shortly.

Yes - a cooperative attitude is necessary at EVERY step of the process