Pete Shaolan

My Mistake! My petition was approved on Sept 28. I think I was half asleep when I posted. So its been 2 weeks after the email said my NOA2 was mailed out.

I received an email confirmation of my K1 approval on May 28 but have not yet received a mailed copy of the NOA2. Should I contact Vermont or wait?

Has this question ever been discussed? What is ones status in our governments eyes if you have a marriage license from China and are waiting for the interview. Take this further. What if the process ends with a white slip that says "not a bonefide marriage."? Interesting question I thought.

Fantastico

Can anybody tell me why I have to pay an additional fee of $340 to reactivate my I-130 when its already been approved? Thats considerably more than the original petition cost. All the CIS has to do is send a notice to the NVC. What am I missing here?

I have asked for more specifics of the interview. I'll post them at this thread when I get them. I have also emailed NVC how to reactivate. The website say responses take 5-7 business days. How can anything be that slow?

I have made 3 trips in a 14 month period. One possible problem could be an age difference. Another could be she is divorced, was seperated 7 months prior to my first trip and only made the divorce official less than 2 months before my trip after I confirmed my trip plans. 5 months is a long time. I could wait till she receives her forms to file. The K-3 NO2 I received states the original petition(I-130) is sent back to the NVC.

In a recent email from Lawyer Peter paget, he suggested beggining a new petition before the case is reviewed by USCIS. In my case I only need to reactivate the I-130 that is on hold. After I am notified that the case is being sent to Guangzhou, I am considering getting an apartment and live there with my wife untill the interview. Every Monday I will attend the ACS and let the VO I speak with know of my continued presense, week by week, VO by VO, and of my sincereity in our relationship. My name will become known for my persistence. Perhaps I may chance upon the VO that presides over our case. One drawback is I do not know the specific reason/s for the denial. But it could no longer be said our relationship is not solid or sincere if that is what "not bona fide" means. What do you think?

Mr. B******, You faxed documents have been gone over by me. I noticed the refusal and return decision was made on September 6 th. That almost certainly means the case file has been returned to the USCIS in the States. If that is the true situation, you will have to deal with the USCIS in the United States. The IV unit here in Guangzhou will not recall the case to Guangzhou. What will happen in the U.S. and what can you do? The system to deal with return cases is set up, so you will get a notice from DHS indicating whether it intends to revoke your petition or not. If it intends to revoke, it will give you notice and time to file rebuttal evidence. If USCIS decides NOT to revoke evidence and arguments, it will send the file back to Guangzhou for the IV unit to reconsider (this reconsideration by the IV unit is no automatic approval.) If the USCIS finally decides to revoke your petition, you can appeal that decision to the courts. Notwithstanding all of the above, you can now make a decision to do something else, to avoid those negative decisions, you can it just file another petition and avoid the times loss following that procedure. If you file another petition it will cost you another fee and will subject you to the same issues you now dealing with, but you might get through the procedure faster than dealing with the refusal and revocation process. Peter Paget

Is it just me or doesn't this have the earmarks of 3rd party interference? I have no previous marriages so I don't think this is the case here although my wife is divorced. I also considered that there is an age difference although I am very young looking for my age. This could have contributed to a confluence of potential problems in the VO's opinion.

Your wife's VO wouldn't happen to be a white 60's something American female would she? I have entertained similiar thoughts. Sometimes I wonder if certain white American female VO's develope a personal resentment after seeing one American male after another choosing a Chinese wife.

Any suggestions for lawyers. The name of the lawyer I spoke to at the consulate was Peter Paget. What's the word on him?

Your denial in the past was for income . This has been clearly taken care of? Maybe you are still fighting this problem without knowing it. It had been taken care of and I had not considered this to still be the problem as it was not mentioned in the white slip. You may be right as the VO could be using the nebulous and all encompassing phrase called "bona fide" to mask her doubts that otherwise could not be justified by the evidence made available to her.

With so much recent good news having been posted here, I hate to be a downer and bring up a failed overcome. On Sept. 6th my SO and I picked up the response to the overcome evidence submitted 2 days earlier. Received the white slip that basically said we did not have a bona fide relationship even though I had included in the evidence the proof that I was present for the overcome. At the advice of the resident lawyer operating out of the main floor, I attended the American citizen services the following Monday. The VO was extremely cordial, understanding and even apologetic for the process. After explaining my situation and questioning if the VO thought this was a fraudulent marriage, he checked the case on his computer and said it was not the case. All he could find is it was not bona fide but he could not see any specific reason given. I can only speculate that the main reason if they be more than one is my SO had never made a concerted effort to learn English and therefore in the VO¡¯s mind, how could we have a true relationship if we cannot communicate. Well I decided that this VO¡¯s mind is not going to change by simply holding the case at the consulate so I am allowing the process to continue hoping that when the case is reviewed by a new set of eyes back at the USCIS they will question the lack of specificity of the decision. If the decision is not reversed, I still have the option of appealing. So that¡¯s where I stand. Three trips and $10,000 dollars later. I have not seen any discussion on this stage of the process so any advice or experience will be appreciated. Our names by the way are Guizhen(means precious) and Peter. Thanks.

Just a little helpfull info. When I went for the ACH (American Citizens Hour) None of the security were familiar with that name and sent me back and forth. Say you are there for the American Citizen Services. Get a number at window 18 and sit down untill your number is called. No need to fill out the papers given at window 18. The number call is not sequential but is divided into different catagories which are then sequential. When your number is called go to the window directed. Just ask question or state your problem. The employees appear to be friendly and in my case even sympathetic and apologetic. I was able to get a specific answer involving my case. Just be tactfull and diplimatic.