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coulter

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Everything posted by coulter

  1. Congratulations and thank you for sharing your experiences!!
  2. Another $.02. The draft I-129f (which I think most agree is not likely to be approved as written ... which I believe also means another 60 day delay for publication and comment on a second draft before implementation), appears to contain a typo. Specifically, Section C 2 reads, "Have you ever been by a court of law ..." I think it was intended to read, "Have you ever been convicted by a court of law ..." As it is currently written, it does not appear to make sense to me. (Later in C it specifically refers to convictions.)
  3. In addition to the good suggestions above regarding IMBRA, it is my opinion that the answer to Question 18 should be very detailed and cover not just how you met, but also a lengthy history of communications and the like, supported by more (rather than less) supporting documents, including but not limited to photos, letters, emails, IM chats, etc. I would also include in my answer an honest, accurate statement as to both the petitioner's and SO's ability to speak the other's language and how you communicate with each other. The USCIS/NVC approval of the petition is "prima facie evidence that the requirements for classification - which are examined in the petition process - have been met" and the CO can only recommend denial due to "fraud, changes in circumstances or clear error on the part of DHS in approving the petition." (See the link and quotes below.) "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." So if the I-129F includes lots of detailed facts and evidence, it is my opinion that it is harder for the VO (CO) to find "substantial evidence not previously considered by DHS." In other words, the more evidence that is furnished with the I-129F, the less evidence that will be available for the CO to find that was "not previously considered by DHS." It is my opinion that sometimes VO's disagree with the DHS approval and attempt to adjudicate the merits on their own. This can result in a request for additional evidence or administrative review. But I think in the end, administrative review will approve the visa unless there is substantial evidence of "fraud, changed circumstances or clear error." http://travel.state.gov/visa/laws/telegram...grams_1388.html 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.
  4. Congratulations and good luck! Thank you for sharing so much valuable information.
  5. Congratulations to all of you and good luck! Thank you for sharing such valuable information.
  6. According to the DHL website, the last March shipment from NVC to GUZ (March 29, 24 pieces), was delivered to GUZ on 5/31, so in theory, GUZ has all of the March NVC shipments now, as well as April shipments through April 19, 2006.
  7. By my count, GUZ picked up about 65 "pieces" from DHL on 5/30/06. There are only about 130 more pieces currently at DHL in GUZ, since the number of pieces being sent from NVC has declined from 15/day in March to the current 4/day in May. This may give GUZ a chance to get caught up, which probably is not a bad idea considering the flood of cases that will follow when the service centers finally start releasing post-March 6th petitions. We can all hope for the best!
  8. My SO reports to me the following from her reading of 001: Apparently a male VO at GUZ has obtained telephone numbers of young female K1 beneficiaries and following the interview, has called them for a "date." (My word, not hers.) She identified two specific incidents with two different beneficiaries reported on 001, both within the last month. The girls are afraid to say anything because they are worried about denial of their K1 petitions. Of course, neither my SO or I know if the 001 reports are true. Perhaps some of you who read Chinese better than I, or have SO's who are fluent bilinguals, can read 001 to obtain more information. (Or can correct my SO and my understanding of the reports.) It is my opinion that the majority of the folks working at GUZ are very diligent and professional in what they do. Certainly if one person is attempting to abuse his power, it does not reflect on the good people at GUZ, but if the allegations are true, I think management at GUZ would probably want to know.
  9. Congratulations! Thank you for sharing your experience, although I am dismayed that your experience was so unpleasant. I am confident that GUZ will read your experience and perhaps something will improve in the future.
  10. Congratulations!!! And good luck! And thank you for the very detailed and informative report on your experiences. It will be very helpful to many of us!
  11. Different lawyers have different opinions. Before deciding to apply for the K1 myself, I paid a lawyer in Denver for a 1/2 hour of time and was told that a K1 is generally faster. But like many others have said above, a lot depends on your facts and circumstances, and apparently to some degree, "luck." But if you can follow the many web postings here and sample forms at Visa Journey, and there are no "problems" with your personal facts and circumstances, then save the money you would pay to an attorney and do it yourself.
  12. I am very troubled by this GUZ request. The mere existence of this request strongly supports the conclusion that petitions are being reviewed (and potentially targeted for denial or a blue slip) before the actual interview takes place.
  13. Congratulations and thank you for sharing the details of your experience wit us! Welcome to America!
  14. I think Lee has given you an excellent answer! Wait until P3 arrives, then send a letter to GUZ saying everything you have said here, and don't return P3 to GUZ. The petition should lapse on its own accord.
  15. Again, I just want to offer a very large THANK YOU to all of the people who are putting so much time and effort into this! This is a huge asset for the members of CFL (and especially those of us who are just starting the process). Heartfelt thank you's!
  16. I can only offer general suggestions as to 1-3. I'm sure there are other members who have personal experience who can help you with the other questions. I see no benefit in meeting with the attorney at this time. A simple, polite letter informing the attorney that you are very disappointed in the finished product (identify your complaints), and have lost trust in his/her ability, therefore you are are terminating the representation effective immediately should be okay. Maybe fax and mail, so you have a confirmation that it was received by the attorney. I don't think there is any need to ask the attorney to sign anything. If no one else reading your post has a better suggestion or personal experience, a certified letter signed by you, to NVC, revoking the attorney's appointment and instructing NVC to send all future communications to you, might be effective. In that letter, I would ask NVC to inform you if NVC needs anything else to implement your request. Most states would not condone the attorney charging you for services claimed to have been rendered, after the attorney's termination of services. Good luck!
  17. Congratulations! May you have a joyous life together! When you get time, perhaps you can share the interview questions she was asked by GUZ.
  18. I am really sorry to hear about the protracted delays. I know this may be little consolation with the tears and financial situation, but at least it does not appear the application was denied and returned to USCIS. And any platitudes about "patience" are just that (I know this is your LIFE we are talking about here!), but it appears that once you can determine what GUZ wants, the visas can finally be issued. Good luck!
  19. For those of you who are waiting for CSC K1 approval, on April 20, 2006, CSC was working on K1's received by CSC on January 24, 2006 ... almost exactly 90 days.
  20. I just want to say thank you again for your time and effort putting this together and maintaining it! This looks great! Although I am always hesitant to make suggestions when someone else is so graciously volunteering their time, one chart for each type of visa (ie., K1, K3, etc.), and the chronological sort of NVC dates are excellent ideas. Once we are out of the black hole known as CSC, I'll give you our dates.
  21. Thanks for the effort. I will provide my info as soon as it clears CSC/NVC.
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