DCF Australia - Refused, Advice Please

[frank1538]

What a pisser. I agree that supplying the information is certainly something to do. But, a couple of technical points. The embassies/consulates doing DCF technically don't have the authority to deny a filing. Take a look at http://foia.state.gov/masterdocs/09fam/09n0200.pdf : "Consular officers may exercise such authority with regard only to the approval of visa petitions, not to the denial thereof. The consular officer must ensure that the petition meets the appropriate requirements listed below before approving the petition."

 

Rather, "...Consular officers must forward petitions which are not clearly approvable to the INS Officer-in-Charge at the INS office with jurisdiction over the post..."

 

According the the FAM, the OIC for Australia is Bangkok: http://foia.state.gov/masterdocs/09FAM/09NX1.PDF

[LeeFisher3]

This is one of the times where you SHOULD involve your congressman's office. I would suggest contacting your Representative's office, they seem to be more responsive and send the full story to them asking for assistance.

 

It might be worth a trip to the states to sit in their office and show them the evidence that you presented at the consulate. Tell them how this makes you feel. Showing up extremely jet lagged and pissed is not a bad thing, but remember they are not the enemy, the USCIS and VO are in that position.

 

You might even suggest that if this is how YOUR government really wants to treat you and the one you love, it might be worthwhile to make a change. And I don't mean the one you love. (Only do this in person, not by email or phone, they need to see the look in your eyes and know it's for real)

 

If they are anything like the person who assisted us things will calm down and then the real questions start. Just tell your story.

 

A letter to the Consulate from your congressman is a real good way to demonstrate your seriousness and commitment to the relationship.

[HanLi]

My heart goes out to you, this is a terrible way for our Government to treat its citizens. Frank had a great post and I agree with Lee, contact your congressman NOW, though it seems you can't go there directly due to the expense... What a tragic event to be involved in..... Don't give up and keep the evidence gathering going!!!!

 

Good luck and best wishes.

[Randy W]

I wonder if there isn't something else behind the scenes that was not completed in time for your interview, like a security check? "Administrative Review" would cover that.

 

This seems like an EXTREMELY cold way to tell you that - leaving you scampering around to try to prove that you really ARE married - but, hopefully, it's simply a matter of time before the WHATEVER is completed, and they can call you back to approve your visa.

[audelair]

Thanks so much for all of the encouragement. I think i will begin writing a letter to my representative, and wait until I get my next response from them (after the HUGE amount of evidence we are sending them). Based on their response, I will be able to characterize the situation better to the congressman.

 

We have wonderful testimonies from friends and families right now that are very encouraging. One of our best mutual friends just notarized it and faxed it today. As did my mom.

 

The consular officer questioned whether my wife had dishonest intentions in coming to Australia just to apply for the visa. He also questioned whether she married me for the opportunity to go to the U.S. Here are some examples of evidence we are supplying to refute their accusations:

 

(this is going into the overcome letter i am writing)

 

1. Evidence that her decision to come to Australia occurred prior to our romantic relationship which started January 2005:

a) Acceptance letter into Southern Cross University dated in Nov 4 2004.

Printout of information on Australian student visas that she made dated Nov 5 2004.

c) Printout of an email that I sent to AMVISA@state.gov (should be in your archives) dated March 27 2005 inquiring on the possibility of applying in Australia.

This evidence described above is intended to show that my wife decided to go to Australia BEFORE we got romantically involved. It is also intended to show that I inquired about the possibility of applying in Australia AFTER the two weeks we spent in Norway, when we decided to get married. We want to prove that applying in Australia was based on inconvenient circumstances of her being abroad, and NOT used as an opportunity. We were so grateful that your consulate would accept our application and that we did not have to wait until she was back in China to pursue the visa, since we couldn’t bear to be apart any longer.

 

2. Evidence that she passed an opportunity to study in the United States prior to our romantic relationship:

a) Printout of the requirements of the exchange program that she was attending in Stavanger University that shows she must choose to study in one of four English speaking country and she could choose between the United States, the United Kingdom, Australia, and New Zealand. She ended up choosing Southern Cross University in Australia because she liked the program.

A personal testimony from her close friend and classmate from Stavanger University who also chose to study in Australia. She testifies that they both had an opportunity to study in the United States but chose not to apply, and were only considering between Australia and New Zealand.

c) An invitation to the consulate to do a check and validate that Hua Wu has never applied for a United States student visa.

This evidence is intended to prove that Hua wanted to come to the United States on a spousal visa only after we became romantically involved. We believe that if our marriage was fraud with an ulterior motive to allow her to go to the US, she would have long ago chosen to take advantage of the exchange program she was in and study in the United States. We believe that studying in the US would have been a much more practical decision than studying in Australia, if her intention was to immigrate to the United States. Her decision to come to Australia was purely based on academic reasons.

 

As for bona fide marriage accusations, we are providing the following:

a) Phone logs between January and June 2005, showing that I called Hua in Norway, China, and Australia everyday for an average of one hour.

B) Timeline of our relationship which started in Sept 2001 as a platonic relationship.

c) Personal Statement from me.

d) Personal Statement from Hua.

e) Testimony from close friend and classmate of my wife

f) Testimony from James Williams, landlord and housemate

g) Bank slip showing that I deposited traveller’s checks into Hua’s bank account shortly after my arrival into Australia.

h) My airfare showing that I bought tickets with a return date to the United States on January 25, 2006 so I can stay with Hua here in Australia.

i) Fertility charts from March to September 2005 in my handwriting, showing that he has been recording Hua’s morning temperature and bodily signs for several months, so we can prepare for pregnancy in the near future. During our time apart, I recorded information on the charts based on what Hua stated over the phone.

 

 

These are in the package we are sending. THe landlord and close friend are here with us, so it can be included.

 

We have MANY more testimonies being faxed in from my friends and family including both parents, siblings, and close mutual friends who all have very honest testimonies. We are all sticking to 100% truth and there is absolutely nothing we are hiding. At this point, I really feel it's a matter of whether the consulate is going to treat us humanely or not, as I think the evidence is more than enough.

 

Please let me know if we are on the right track and whether or not you have any other suggestions.

 

Thanks so much, everyone. we've been so devastated, but the support from you guys have helped so much. I also agree we should try not to sound so desperate so we are rescinding on some of those drastic proposals we were planning to make.

 

One of the biggest mistakes I made was expecting that Chinese nationals would be treated with more respect outside of Guangzhou. How sadly mistaken I was. I have heard of Australians who apply for a SPOUSE visa before marriage, and fly in two days before the interview, get married, and fly back to America 3 days later. And at the consulate, all of the australians were met with courtesy, while we had nothing but hostility directed at us.

Edited September 15, 2005 by audelair (see edit history)

[LeeFisher3]

Be aware that sending any paper documentation to your representative in Washington is not advisable due to the lengthy security screening process for both mail and express packages.

 

The person who would assist you should be listed on their web site and will probably be at one of their offices within the district and they should have an email address where you could make an initial contact to identify what they would need to assist you.

 

I was required to complete a signed form that authorized them to inquire concerning our case, but since they have not processed your filing it's unclear what they would need to proceed.

 

You might also consider printing the documents Frank provided and present them in person to the VO, if not receptive ask to speak to the Consul General and ask for an explanation as to the liberties the VO is taking with the regulations "that appear to be discriminatory".

 

If you get a meeting with the Consul General, it should be concerning the VO's behavior in following regulations. The visa will become part of the conversation as evidence of his not following the regulations but to get in the door you are filing a complaint concerning one of his officers.

 

Also the office he is required to check with would be Hong Kong, not Beijing.

[HanLi]

Be aware that sending any paper documentation to your representative in Washington is not advisable due to the lengthy security screening process for both mail and express packages.

 

The person who would assist you should be listed on their web site and will probably be at one of their offices within the district and they should have an email address where you could make an initial contact to identify what they would need to assist you.

 

You might also consider printing the documents Frank provided and present them in person to the VO, if not receptive ask to speak to the Consul General and ask for an explanation as to the liberties the VO is taking with the regulations "that appear to be discriminatory".

 

If you get a meeting with the Consul General, it should be concerning the VO's behavior in following regulations. The visa will become part of the conversation as evidence of his not following the regulations but to get in the door you are filing a complaint concerning one of his officers.

 

Also the office he is required to check with would be Hong Kong, not Beijing.

154298[/snapback]

We believe that if our marriage was fraud with an ulterior motive to allow her to go to the US, she would have long ago chosen to take advantage of the exchange program she was in and study in the United States. We believe that studying in the US would have been a much more practical decision than studying in Australia, if her intention was to immigrate to the United States. Her decision to come to Australia was purely based on academic reasons.

 

I would not even mention the work fraud in any context from you... simply use the VO's own words.

 

In response to Lee's comments, he has good suggestions... however, there is ususally not a specific person listed as to the duties, there is somone ususally dedicated to immigration matters and your email should be re-directed to that person. I would include the summary only of the issues and your evidence in the email, do not attempt to send all the documents to the congressman's office unless requested to do so...

 

good luck!!

[audelair]

We believe that if our marriage was fraud with an ulterior motive to allow her to go to the US, she would have long ago chosen to take advantage of the exchange program she was in and study in the United States. We believe that studying in the US would have been a much more practical decision than studying in Australia, if her intention was to immigrate to the United States. Her decision to come to Australia was purely based on academic reasons.

 

I would not even mention the work fraud in any context from you... simply use the VO's own words.

 

In response to Lee's comments, he has good suggestions... however, there is ususally not a specific person listed as to the duties, there is somone ususally dedicated to immigration matters and your email should be re-directed to that person. I would include the summary only of the issues and your evidence in the email, do not attempt to send all the documents to the congressman's office unless requested to do so...

 

good luck!!

154325[/snapback]

Unfortunately the VO did in fact use the word fraud. He specifically accused our marriage as "fraud".