Disaster.

[JamesBDennis]

Today Wife picked up a Blue slip with this checked on it" The consulate has determined based on your testimony, documents and any other evidence, that you do not have a bonafide relationship with your petitioner. The consulate will now return your case to the Department of Homeland Security for review and possible revocation. Required processing may require several months. When the Consulate returns your case , you will receive confirmation with steps that may take to appeal this decision."

Not explanation of what the real problem was. We gave them every thing that we could and I had thought it was over kill. The consulate was closed this afternoon so I could not go talk and it is to be closed next friday also. Friday is the only time that you can talk to the Visa Officer's as I understand it.

I spent the rest of the afternoon talking to two other guy's and to " King". King is the US lawyer that has a office in the consulate building. King is not his real name, just the name that he uses on this forum. I will problably use him but am postponing the decision. It is not good to make a decision when upset. I need to think.

What PO's me the most is the little amount of time that was spent talking to her and the lack of explanation. They must think she can not speak enough english becasue we stress that her english is not good. It is not good but as far as I can tell it is better than the englsih of the ####guards. We had every thing except phone log's and I had a good explanation of why no phone log's.

God I am about to pull my hair out now.

Jim

[jim_julian]

Wow! Very tough Jim. There are no words that can adequately address the issue. Hang in there, you are in my prayers.

[Guest ShaQuaNew]

  I spent the rest of the afternoon talking to two other guy's and to " King". King is the US lawyer that has a office in the consulate building. King is not his real name, just the name that he uses on this forum.

 

I will problably use him but am postponing the decision. It is not good to make a decision when upset. I need to think.

 

Jim

177585[/snapback]

Jim, I understand the difficulty of dealing with this most unfortunate assessment. Was King able to offer you anything that would help hasten your case to the approval process?

[cdrobin66]

Today Wife picked up a Blue slip with this checked on it" The consulate has determined based on your testimony, documents and any other evidence, that you do not have a bonafide relationship with your petitioner. The consulate will now return your case to the Department of Homeland Security for review and possible revocation. Required processing may require several months. When the Consulate returns your case , you will receive confirmation with steps that may take to appeal this decision."

Not explanation of what the real problem was. We gave them every thing that we could and I had thought it was over kill. The consulate was closed this afternoon so I could not go talk and it is to be closed next friday also. Friday is the only time that you can talk to the Visa Officer's as I understand it.

  I spent the rest of the afternoon talking to two other guy's and to " King". King is the US lawyer that has a office in the consulate building. King is not his real name, just the name that he uses on this forum.  I will problably use him but am postponing the decision. It is not good to make a decision when upset. I need to think.

What PO's me the most is the little amount of time that was spent talking to her and the lack of explanation. They must think she can not speak enough english becasue we stress that her english is not good. It is not good but as far as I can tell it is better than the englsih of the ####guards. We had every thing except phone log's and I had a good explanation of why no phone log's.

  God I am about to pull my hair out now.

Jim

177585[/snapback]

Hey Jim

 

I am sorry to hear this. Regroup, stay focus and hang in there. You are in our prayers.

 

Carl & Haixia

[frank1538]

Looks like the consulate is issuing a notice of intent to revoke the I-129F petition. In doing so, the consulate is supposed to have sufficient evidence such that its position would likely stand up in court. Take a look at http://travel.state.gov/visa/laws/telegram...grams_1415.html

 

Pay particular attention to this section:

 

"...posts seeking revocations must show the "factual and concrete reasons for revocation." BCIS has asked us to remind consular officers that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that BCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws. Without such evidence, BCIS will be unlikely to obtain a petition''s revocation if a petitioner chooses to contest a notice of intent to revoke."

 

If the consulate is following the rules, it should have something concrete in its possession that it believes warrants revocation. In my view, you should be entitled to know this now, before the case is sent back to NVC, and this is where a good lawyer might be able to help.

 

Once the files are returned to the US, they will likely enter a deep black hole in terms of time, so I would make every effort to try to keep the files at the consulate in an effort to resolve the issues quickly.

 

Good luck.

[Guest ShaQuaNew]

If the consulate is following the rules, it should have something concrete in its possession that it believes warrants revocation.  In my view, you should be entitled to know this now, before the case is sent back to NVC, and this is where a good lawyer might be able to help.

 

Once the files are returned to the US, they will likely enter a deep black hole in terms of time, so I would make every effort to try to keep the files at the consulate in an effort to resolve the issues quickly.

 

Good luck.

177604[/snapback]

Yes Frank, it seems the consulate avoided providing information that would make one think they could overcome this recommendation. To the contrary, it seems they are saying we are not only recommending denial, but revoking. Something seems rotten in Denmark....

[tonado]

Wow. Sorry about your case. Hopefully, King can help.

[tucsonjim]

If the consulate is following the rules, it should have something concrete in its possession that it believes warrants revocation.  In my view, you should be entitled to know this now, before the case is sent back to NVC, and this is where a good lawyer might be able to help.

 

Once the files are returned to the US, they will likely enter a deep black hole in terms of time, so I would make every effort to try to keep the files at the consulate in an effort to resolve the issues quickly.

 

Good luck.

177604[/snapback]

Yes Frank, it seems the consulate avoided providing information that would make one think they could overcome this recommendation. To the contrary, it seems they are saying we are not only recommending denial, but revoking. Something seems rotten in Denmark....

177605[/snapback]

Wow, this is terrible news and very concerning that concrete reasons were not given. Seems there must be some unknown 3rd party correspondence playing in here somehow...

 

Hang in there and I hope King can help you! This must be devastating news to both of you!! I hope you can hang in there and make it through this unfortunate situation!!

[philb]

Jim:

 

I think that many including me would recommend engaging KING immediately.

Secondly, maybe sharing some info with us may bring out some suggestions. Can you post a timeline and possibly elaborate a litte?

 

How did you meet? How many trips to China? How do you communicate?

you know the regular rundown.

 

Maybe someone here can help too.

 

Don't give up,

 

Phil

[Guest ShaQuaNew]

Jim: I think that many including me would recommend engaging KING immediately. Secondly, maybe sharing some info with us may bring out some suggestions.  Can you post a timeline and possibly elaborate a litte? How did you meet?  How many trips to China?  How do you communicate? you know the regular rundown. Maybe someone here can help too. Don't give up,

 

Phil

177634[/snapback]

This previous post may shed some light. It seems that there was insufficient evidence to prove a bona fide relationship....

 

 

http://candleforlove.com/forums/index.php?...55entry175755

Edited December 23, 2005 by ShaQuaNew (see edit history)

[mercator]

Wow. Is this possibly one of those third party sabotage scenarios? Does she perhaps have a relative or an ex with reason to try and keep her there?

 

It seems awfully abrupt and harsh if things went as you describe. Not even knowing why they suspect the marriage...

 

Sounds like you should invest the money and give King a shot at it. I wish you two all the luck in the world getting this resolved.

[Trigg]

Looks like the consulate is issuing a notice of intent to revoke the I-129F petition.  In doing so, the consulate is supposed to have sufficient evidence such that its position would likely stand up in court.  Take a look at http://travel.state.gov/visa/laws/telegram...grams_1415.html

 

Pay particular attention to this section:

 

"...posts seeking revocations must show the "factual and concrete reasons for revocation." BCIS has asked us to remind consular officers that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that BCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws. Without such evidence, BCIS will be unlikely to obtain a petition''s revocation if a petitioner chooses to contest a notice of intent to revoke."

 

If the consulate is following the rules, it should have something concrete in its possession that it believes warrants revocation.  In my view, you should be entitled to know this now, before the case is sent back to NVC, and this is where a good lawyer might be able to help.

 

Once the files are returned to the US, they will likely enter a deep black hole in terms of time, so I would make every effort to try to keep the files at the consulate in an effort to resolve the issues quickly.

 

Good luck.

177604[/snapback]

You will do well to listen to Frank. If he says it-it's so. Follow up quickly and you may save several months time!

Good luck

[Guest ShaQuaNew]

Wow.  Is this possibly one of those third party sabotage scenarios?  Does she perhaps have a relative or an ex with reason to try and keep her there?

177637[/snapback]

This situation never sounded like third party involvement. To the contrary, it seems the consulate suspects that the relationship is NOT bona fide.

[mercator]

I wonder if that part about the ex-husband is looming large in this...

 

Maybe they worry that she'll get here and leave to be with the ex? Maybe not bloody likely in reality, but they don't know that. They just have the circumstantial evidence to go on.

[Guest ShaQuaNew]

Looks like the consulate is issuing a notice of intent to revoke the I-129F petition.  In doing so, the consulate is supposed to have sufficient evidence such that its position would likely stand up in court.  Take a look at http://travel.state.gov/visa/laws/telegram...grams_1415.html

 

Pay particular attention to this section:

 

"...posts seeking revocations must show the "factual and concrete reasons for revocation." BCIS has asked us to remind consular officers that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that BCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws. Without such evidence, BCIS will be unlikely to obtain a petition''s revocation if a petitioner chooses to contest a notice of intent to revoke."

 

If the consulate is following the rules, it should have something concrete in its possession that it believes warrants revocation.  In my view, you should be entitled to know this now, before the case is sent back to NVC, and this is where a good lawyer might be able to help.

 

Once the files are returned to the US, they will likely enter a deep black hole in terms of time, so I would make every effort to try to keep the files at the consulate in an effort to resolve the issues quickly.

 

Good luck.

177604[/snapback]

You will do well to listen to Frank. If he says it-it's so. Follow up quickly and you may save several months time!

Good luck

177638[/snapback]

Trigg is right. Frank has stated the situation extremely well....