Rick
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Posts posted by Rick
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she can buy a sim card anywhere in china and that would be another cellphone number.
Yea, I understand that part. If I start to call her second phone number, GUZ would need some proofs that show the first number belongs to my wife's as well right??
Thanks,
Ricky
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Hi all,
My wife wants to go away from hometown and starts looking for jobs since we just got denied. I understand her that she would think too much if she got nothing to do and just sitting in her house. I want to get herself busy and time will go by faster that way. She askes if she could change her phone number since that would cost a lot of if she uses her cellphone number in another province. Phone record is basically our main evidence. She said she had ask China Mobile to obtain a statement showing that the phone number is belongs to her, but China Mobile said they don't do such paperwork. What do you guys think about this??
Thank you very much,
Ricky
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Rick, Try guangzhou. usembassy.china.org.cn,, click on email form and enter the info that they ask for, then you can add a message. Most of the time they will get back to you 3 to 5 days. As this has just happened I am not sure you will get much info back from them. A senior consular officer will reveiw this again before it is sent back, so your case is pretty much still at Guz at this time. Take care,,, TK
Thanks TK.
At this point, what can a lawyer do right now anyway?
Thanks,
Ricky
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Shit, The buttheads at Guz knew that also....................Bob,,,,,,,,,,,
You would think Bob,, How is your case coming, have you heard anything about yours . Hang in there,,, TK
hey TK,
What is the email of GUZ consulate? I tried to go to that email address on our blue slip, but looks like the website is down.
Thanks,
Ricky
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Rick, You can email Guz, and eventually they will tell you when your case has been sent back. You can read my post CASE RETURNED to get and idea of the time frame from Guz to NVC. Wish I could tell you more , but it is really just a waiting game at this point, Good Luck to you, and I agree that you should contact Marc Ellis for some advice to your case, TK
TK, thanks a lot for your replies, and of course everyone's replies. I have read your case. So are you still waiting for the letter from USCIS still? Anyone knows if USCIS will tell us whether or not they have reapproved the case?
Thanks,
Ricky
Rick, Yes at this time I am still waiting for a letter from USCIS. As what I have been told USCIS will contact you when your case is returned to them.
Oh I see. But you always have an option to file CR1/K3 though since K1 got denied.
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Rick, You can email Guz, and eventually they will tell you when your case has been sent back. You can read my post CASE RETURNED to get and idea of the time frame from Guz to NVC. Wish I could tell you more , but it is really just a waiting game at this point, Good Luck to you, and I agree that you should contact Marc Ellis for some advice to your case, TK
TK, thanks a lot for your replies, and of course everyone's replies. I have read your case. So are you still waiting for the letter from USCIS still? Anyone knows if USCIS will tell us whether or not they have reapproved the case?
Thanks,
Ricky
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Give him a call, he does not charge for a phone consult.MORE Reading from Ellis: http://www.ilw.com/articles/2006,0323-ellis.shtm
Anyone knows how much would Marc cost because I am afraid I don't have enough in my budge?
RobertH recently chatted with him: http://candleforlove.com/forums/index.php?...c=40225&hl=
Anyone knows Marc's phone number? I couldn't find it in his websites
Thanks
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MORE Reading from Ellis: http://www.ilw.com/articles/2006,0323-ellis.shtm
Anyone knows how much would Marc cost because I am afraid I don't have enough in my budge?
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Hi all again,
I want to know now is should I wait for the letter from USCIS for appeal or just reapply for K3 or could I even reapply for CR1 again?
Thanks a lot,
Ricky
I'll give you a straight answer based on what all I have learned. If you reapply with the aid of a lawyer, then it will be very expensive. If you go it on your own, it will take a long time and the outcome will probably be negative.
CR1s do not get deep sixed like K1 visas. They will have to give you a chance to rebut the VO's findings (that is if the USCIS feels you need to).
IMO, you and your wife are in for a long wait. Might as well realize this and plan accordingly. When the going gets tough, then will you will really find out the dedication you two have for each other. It can be a very positive thing if it was meant to be.
Good luck!!!
so if I reapply for K3 that will be no use?
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Hi all again,
I want to know now is should I wait for the letter from USCIS for appeal or just reapply for K3 or could I even reapply for CR1 again?
Thanks a lot,
Ricky
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Yes, I have seen a few cases of successful appeals. Again at this point I would be getting a lawyer involved. The denied case WILL affect any future cases.Do you know if anyone had successful in appealing?
Here is what Ellis has on this:
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.
It can take the consulate 4 or more months to return the case to NVC. You may have to file an G-884 to USCIS to request any original docs back after they get the case returned. http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRDAlso, I filed in California. Anyone knows how long it would take CIS to received the package? And if I want to apply for K3, right now they have some of my wife original documents, anyway I can get those back for K3 application? Thank you very much
Does it go to NVC or USCIS?
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You will need to address the denied petition.So my question is should I reapply for CR1 again or K3 instead?
At this point all you can do is wait for the case to get returned to USCIS and then address it when USCIS sends you the letter.
Perhaps getting a lawyer like Ellis involved.
http://candleforlove.com/forums/index.php?showforum=39
Anyone knows what is the section of the Immigration and Nationality Act Section 5A is about?
GUZ covered 5A
Dear CFL,
When a family/relationship-based petition has been refused under section 5A, this essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law.
After an officer refuses a case under section 5A, all processing on the case in Guangzhou is suspended. The file is then returned with a recommendation for revocation to the local DHS office in the U.S. where the original petition was filed.
Once the file arrives at this office, DHS will send a letter to the petitioner asking if s/he wishes to appeal the consular officer's recommendation. Petitioners have 30 days in which to exercise their right of appeal. Anyone seeking to appeal is given an opportunity to review and respond to the consular officer's findings.
The final determination of whether to revoke the petition is made by DHS. If DHS reaffirms the petition, it is returned to Guangzhou and processing is resumed.
Sincerely,
USCONGUZ
Do you know if anyone had successful in appealing?
Also, I filed in California. Anyone knows how long it would take CIS to received the package? And if I want to apply for K3, right now they have some of my wife original documents, anyway I can get those back for K3 application? Thank you very much
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You will need to address the denied petition.So my question is should I reapply for CR1 again or K3 instead?
At this point all you can do is wait for the case to get returned to USCIS and then address it when USCIS sends you the letter.
Perhaps getting a lawyer like Ellis involved.
http://candleforlove.com/forums/index.php?showforum=39
Anyone knows what is the section of the Immigration and Nationality Act Section 5A is about?
GUZ covered 5A
Dear CFL,
When a family/relationship-based petition has been refused under section 5A, this essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law.
After an officer refuses a case under section 5A, all processing on the case in Guangzhou is suspended. The file is then returned with a recommendation for revocation to the local DHS office in the U.S. where the original petition was filed.
Once the file arrives at this office, DHS will send a letter to the petitioner asking if s/he wishes to appeal the consular officer's recommendation. Petitioners have 30 days in which to exercise their right of appeal. Anyone seeking to appeal is given an opportunity to review and respond to the consular officer's findings.
The final determination of whether to revoke the petition is made by DHS. If DHS reaffirms the petition, it is returned to Guangzhou and processing is resumed.
Sincerely,
USCONGUZ
Do you know if anyone had successful in appealing?
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Anyone knows what is the section of the Immigration and Nationality Act Section 5A is about?
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We were also denied for a K 1. I did do a CR 1 before I got those papers back to me. Then once they came I had the K 1 canceled. So you do not have to wait. My lawyer recommend we do a CR 1. We were also denied because they said it was not a bonafide relationship.
Sorry to hear this news.
Michael
So my question is should I reapply for CR1 again or K3 instead?
Will CIS be ever review and revocation of our case? Or is it just a no hope?
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We were also denied for a K 1. I did do a CR 1 before I got those papers back to me. Then once they came I had the K 1 canceled. So you do not have to wait. My lawyer recommend we do a CR 1. We were also denied because they said it was not a bonafide relationship.
Sorry to hear this news.
Michael
So my question is should I reapply for CR1 again or K3 instead?
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Hi all,
Just got a bad news from my wife. She got a letter said a denial after our additional documents submitted (got blue slip for her interview). The reason is not bonafide relationship. I got few questions here: we applied for CR1. Do I need to wait for the actual document from USCIS before I reapply again? Also, I have sent them some original documents, do I need to fill out a form to get those back?
Is there anything I can do right now actually?
Thanks a lot,
Ricky -
Hi all,
I would like to gather opinions again. GUZ mainly wants me to explain how to communicate with my wife. We have phone records; however, we have nearly none letters/emails. Do you guys think it is a good idea for me to write the evolution of relationship letter and write another one in Chinese (like a translation) and get both notarize?? This might show i could write chinese as well, but that will be beyond to what they asked.
Thanks,
Ricky
Just an suggestion, if both of you have Skype, use a video recorder to type your conversation online and submit it on a CD or video record you calling you wife on the phone. I remember the blue slip we received stated you can submit video for how you communicate and an attorney I hired said so too, oo that will show how you guys communicate. As you said, make sure you do everything prefect before you sending it in, because they are only giving you one shot. Take you time, I tried to do it too quickly with our blue which I regret after receiving the rejection. Get couple of attorney's suggestion if you can. Everyone here are hoping you can get your blue overturn.
Thanks a lot for your advice,
My wife and I both can speak Cantonese, and she even answered questions in Cantonese in the interview. That's why I feel weird that the VO thinks we can't communicate since I was born in Hong Kong... As far as I know, English is not a requirement right...as long as we have common language.
We definity think to record a 5 or 10 minutes video to show them we could communite.
oh boy... you hit one of my few radar issues I follow...
Is that bad???
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Hi all,
I would like to gather opinions again. GUZ mainly wants me to explain how to communicate with my wife. We have phone records; however, we have nearly none letters/emails. Do you guys think it is a good idea for me to write the evolution of relationship letter and write another one in Chinese (like a translation) and get both notarize?? This might show i could write chinese as well, but that will be beyond to what they asked.
Thanks,
Ricky
Just an suggestion, if both of you have Skype, use a video recorder to type your conversation online and submit it on a CD or video record you calling you wife on the phone. I remember the blue slip we received stated you can submit video for how you communicate and an attorney I hired said so too, oo that will show how you guys communicate. As you said, make sure you do everything prefect before you sending it in, because they are only giving you one shot. Take you time, I tried to do it too quickly with our blue which I regret after receiving the rejection. Get couple of attorney's suggestion if you can. Everyone here are hoping you can get your blue overturn.
Thanks a lot for your advice,
My wife and I both can speak Cantonese, and she even answered questions in Cantonese in the interview. That's why I feel weird that the VO thinks we can't communicate since I was born in Hong Kong... As far as I know, English is not a requirement right...as long as we have common language.
We definity think to record a 5 or 10 minutes video to show them we could communite.
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Hi all,
I would like to gather opinions again. GUZ mainly wants me to explain how to communicate with my wife. We have phone records; however, we have nearly none letters/emails. Do you guys think it is a good idea for me to write the evolution of relationship letter and write another one in Chinese (like a translation) and get both notarize?? This might show i could write chinese as well, but that will be beyond to what they asked.
Thanks,
Ricky
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Thank you for all the replies so far.
I read some of the old posts saying that it is not a good idea submit them more than what they ask. Should I submit other pictures that have both of us and with our family (not a wedding pic since we didn't have one)? also should i submit a note/addif. from both of our parents? Those two they didn't ask for it in the blue slip note, but should i give them?
Thank you
Ricky
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I am sorry to hear about your blue slip. Others have offered good advice, and it sounds like a simple overcome, as long as you can get them what they need. Good luck on your overcome, and let us know how it goes!
Thank you...
what bother me now is that we only have 1 mail and no email, but we got all phone records. I am not sure what to do for that.
I would show them the one mail you have, and submit all of the other requested evidence. I would address the issue that you have told us, that you do not communicate via internet because she has none, and show the phone records. Also address that you have sent her mail but it was lost. Try to show as much evidence as possible, and beef it up by adding more of the pictures and other things they requested.
When I send them the letter, I assume the photocopy of the letter itself and its envelope should be good enough? The letter is in chinese. I think i could do the translation with that one statement added to it right? They don't need my original letter right? Correct me if I am wrong. Thanks
Ricky
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I am sorry to hear about your blue slip. Others have offered good advice, and it sounds like a simple overcome, as long as you can get them what they need. Good luck on your overcome, and let us know how it goes!
Thank you...
what bother me now is that we only have 1 mail and no email, but we got all phone records. I am not sure what to do for that.
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Hi all,
Could anyone give any input to our blue slip in terms of how to provide the documents Guz requested:
* Provide as much evidence of correspondence that you can that demonstrates the development of your relationship, from initial stages until the current date. Examples include letters, remittance slips, e-mails, and chat sessions.
--We don't use email nor letters because we mostly communicate by phone. I am not sure what to give them.
* A detailed statement, written by the petitioner, describing the evolution of your relationship. Be sure to, at the very least, explain how you met, when you started dating, and how, when and why you became engaged.
--I think this is the letter of evolution
* A statement, written by the petitioner, listing every trip s/he has taken to China to visit you and explain how you spent your time together. Include dates and locations. Explain who arranged his/her trip China, purchased his/her tickets and who accompanied him/her.
* Submit the plane tickets your petitioner used to visit you. As applicable, submit travel agency documents. Who paid for the plane tickets? Show evidence of this, such as a credit card statement or bank statements with the relevant withdrawals highlighted.
* Photots of your wedding ceremony or celebration. If you did not celebrate, or you celebrated but didn't take photos, submit a credible explanation.
--We didn't celebrate. The reason was her relatives are mostly out to work in other towns. (Is this a a credible explanation?)
Please help. Thank you,
Ricky
Actually these are some of my questions:
- Does it matter who bought my flight tickets? (My father paid for the ticket for my first trip; and I paid my own ticket for my second trip...Any problem?)
- Is there a problem if we don't send each other mail or email? (Reasons are that mails I sent to her got lost and they have to be registered mail in order to get to her, in which it is too expensive...Reasons we don't send each other email because she doesn't have internet access. )
- Is it not good if we didn't have a wedding ceremony?
Any opinion would be good...I am trying to prepare this perfect.
Thanks,
Ricky
Usually when they ask for who bought they plane tickets they are concerned that you were paid to make the trip and want to make sure that the beneficiary didn't buy them. I would get a visa or bank statement copy from your father and explain why he bought it for you.
In short give them what they ask for. Break it down piece by piece and be thorough. The evolution of relationship letter is fairly common. I think some of the others can give you some examples.
Without mail or email they are curious as to how you maintained the relationship during the wait. How did you communicate during that time? If by phone give them call records or receipts for phone cards. If you didn't have a wedding ceremony explain why.
the fact you got a blue slip is in your favor. You have a chance to over come the denial in China. Be careful with what you submit. Give them exactly what they are asking for. Put yourself in the VO's shoes, Your sweet heart came to the interview without much evidence of relationship. No call records, no emails, no chat transcripts, no plane ticket receipts, no photos etc etc etc. You're lucky you didn't get a white slip.
Actually, my wife had everything they asked at the interview (except those plane ticket bills she doesn't have), but she said the VO doesn't want to look at them. My wife even offered the VO our letter of evolution at the time she gives him her passport. And now he is requesting one after the interview.
Regarding to phone records, there is another spot to mark for phone records saying "Records of telephone contact made by the petitioner or you verifying the caller's name, address, telephone number, as well as the length of each call and the receiver's phone number. Do not submit calling cards as proof, unless you have an itemized list of calls made using those cards. Provide as many bills from the course of your relationship as possible. Highlight pertinent calls." Since they have another spot for phone records, I am not sure if it is appropriate to give phone record for my case.
Also, does blue slip usually have a great chance to overcome? I hope they won't give us white after I submit those stuff.
Thanks again.
Ricky
White denial after blue
in Interview Results
Posted
Hi,
Does anyone know if there is a phone number for Guangzhou IV unit chief that I can call and be able to talk to him/her on the phone? I just want to try anything to help our case. Thanks,
Ricky