Disaster.

[cosmiclobster]

To quote the USCIS themselves, as posted by Frank, "that revocation requests must provide solid, factual evidence of fraud or misrepresentation"

I would demand to know what solid factual evidence they have!

Get on them ASAP to get this "evidence"

You need to be proactive here and let them know you will not just lie down and walk away from this decision.

King is probably your best bet in getting this turned around quickly. Otherwise, our govt could easily make you wait a year while they decide what to do!

 

Make sure there isn't anything that your SO forgot to mention to you or the USCIS like a previous marriage or immigration attempt or any other info on her P3 or P4 that wasn't 100% factual! This is the only reason I can imagine for an outright denial like you have received.

 

Good luck!

[Guest pushbrk]

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....

 

B)

 

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

177635[/snapback]

ShaQuaNew may well be on to something when he refers to your previous post. Maybe we are missing something but it seems there were two concerns. You addressed the residence of the former husband with overkill but you told us nothing about how you addressed the absense of phone logs or proof of communication.

 

If you failed to respond with any substance on the communication issue, that may well be the "insufficient evidence" of a bona fide relationship. As harsh as it may sound, your reasons/excuses for not having evidence of communication are not substitutes for that evidence. Since the relationship IS bona fide, it would be much better to do all you can to secure another chance for overcome at the consulate than to allow the case to be returned to the states for review. It would seem that the sooner you get King involved the better.

 

That said, beware the third party monster. I haven't seen mentioned whether you are entitled to know whether that's a factor or what such third party evidence exists without filing a formal appeal. Does somebody have direct knowledge in that area?

[Cerberus]

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]

I also agree with Frank and Trigg. The faster you get moving on this, the fresher it is in their minds, and the case won't be backwatered into some corner.

 

I have never hear of someone arbitraily denying it without some reason!

 

My thoughts and prayers are with you both

[david_dawei]

Concerning third party issues: You might very well never know this is the case unless you go to the consulate to find out.

 

Stressing her english is bad: Not sure why anyone would 'volunteer' evidence they don't ask for... Give them what they want, not what they did not ask for.

 

Phone logs: You have to convince them of how you communicated...

 

---

 

What I'd do:

 

I'd definitely get the advice of King. I'm sure that even an hour with an immigration attorney that is right there at the consulate will help you sort through these issues...

 

Next, I'd advise going to the American Citizen Hour and getting in line for a 'case' review... come armed with the thoughts gathered from an attorney and the directives posted by Frank and say you want proof of 'xyz'... Ask them as point blank as you have to about the entire situation, even if they have evidence of anything else like third party correspondence.

 

Good luck.

[mercator]

Concerning third party issues:  You might very well never know this is the case unless you go to the consulate to find out.

 

Stressing her english is bad:  Not sure why anyone would 'volunteer' evidence they don't ask for...  Give them what they want, not what they did not ask for.

 

Phone logs:  You have to convince them of how you communicated...

 

---

 

What I'd do:

 

I'd definitely get the advice of King.  I'm sure that even an hour with an immigration attorney that is right there at the consulate will help you sort through these issues...

 

Next, I'd advise going to the American Citizen Hour and getting in line for a 'case' review...  come armed with the thoughts gathered from an attorney and the directives posted by Frank and say you want proof of 'xyz'... Ask them as point blank as you have to about the entire situation, even if they have evidence of anything else like third party correspondence.

 

Good luck.

177665[/snapback]

I think that was part of the problem. The USC hour - he stated - was unavailable for this Friday (which is already passed anyway) and next Friday due to early closures for the holidays.

 

I would be in there with a mitt full of numbers and they would need to wait on me until I was satisfied. I wouldnt be rude, but I would definitely be persistent. This is one of the most important decisions in our lives, and I wouldnt want anything to jeopardize it. I would camp in the consulate until you can get to speak to someone about how you can show that you are genuine. Being there right now is the most power you will have for a long time if you don't act decisively and promptly.

 

Once that paperwork is headed stateside, you are just a pile of papers. Now, you have a face and I presume have some rights as a USC on 'home soil.'

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

[JamesBDennis]

Hi Guy's

Sorry for the lap's in reply. I have had other things I have been dealing with. Life does go on. To answer some of you questions. It took us about 7 and 1/2 months from the filing of the I 130 to interview. I did not post a timeline because a: I never figured out how to do it, b: I don't like putting my stuff on the web. I was not happy when I realized that my name was here, c: I do not like to write much. It is not something that I do well. The irony of all this is my writing skill has improved %900 because of all the practice I have using MSN chat. Any English reading girl would have dumped me the first letter. As is, Amy and I have learned together. I have told her this and after meeting me she did not seem to care.

Now for the people that ask about no phone record's. There are no phone records because I did not call much and when I did call it was with the phone cards that you get at the post office. As far as I can tell they do not leave any trace. I did not use things like One suit because they do not work were I live unless I make a long-distance call. That would be cheaper than calling Shenzhen but not by much.

Also I did not call because I had a web cam and we had a much larger vocabulary in common with MSN chat and when needed, a translation program, winks, and emotions. We rarely use the translation program now as Amy reads and writes English pretty well. She drives me nut's some times when we are talking because she will spell words to me. She knows the word, just now how to say it. I have to write it down to read it.

The point is: why go down a level in communication and pay what I think is a buck a minute for it when you can see and if I want, talk to her via the web cam. I explained this in a letter to the consulate but I do not think they take the time to read the letters. The first batch they would not even take from her at the interview.

Now as to how long I have known Amy. We were given an electronic introduction by her brother in law, a friend of mine in 2003 September. It was 3 trips and more than a year and ½ before we married. I lived with her for almost 4 months this last winter and I am in the middle of my 5 trip now. We had hoped to go home at the end of January but now I am sure that that is out. I will have to return to the US in Februarys for some delayed medical treatment but will then return as soon as it is safe for me to travel.

I have not hired “KING” yet because when I realized I loved this women I paid two different lawyers and got bad advice from both. One was an older woman that was not nice, did not do what she promised and took the $250for what I had since found on the web any number of places. . I think she did not approve of US men marring Chinese women.

The second gave me advise that was not was not relevant for China. I chose to marry when I did because I thought I could do a DFC. If I had to do it all over again I would do an I-129. Please understand. I am very happy to be married to Amy. It would have just been much easier the other way. Also I do not like to make decisions when I am rushed or upset and “King” wants a fair amount of money for some one that I do not know too much about.

I now know that he is a lawyer from Washington State,( I looked him up on the web) he has very nice offices one floor down from the Consulate, and is very personable. He also made no promise except to try,,,, for %20 cash down, the rest if it works. I also did not like his Chinese assistant. That could be a personal thing on my part.

Now you have most of the story. It is late and I need to sleep. Tomorrow I have to make some decisions. Thanks for the advise and help.

Jim

[Randy W]

Keep records of your phone calls.

 

Save the expired phoine cards and/or the receipts for the purchase.

 

The OneSuite 800 number is 3.3 cents to China. Very cheap for a call-by-call log.

 

Adequate (even if just barely) record keeping counts for WAY more than good reasons for none.

 

Best wishes for the overcome.

[shyaushu]

We are all devastated about this boulder in the road. But it is just that.

 

We have to all help you find the way around or above it.

 

I don't have the extensive knowledge many here do about the details of the CR-1/K-3 visa process, but it's obvious SOMETHING is going on here. And it has nothing to do with "not enough documentation" or "questions about your communication."

 

My wife and I had no phone logs, she speaks no English and we had virtually no photos of us together -- just pictures of dead ducks hanging in markets. But we got our visa easily.

 

Someone or something is scuttling this for you. Your task is to find out what that is as soon as possible and to get it addressed before the paperwork is out on the tramp steamer for the states.

Edited December 27, 2005 by shyaushu (see edit history)

[Mick]

I don't have much to add to what has already been said. However, I would think that the denial had little to do with lack of phone logs or things like that. Something must have raised a red flag at the Consulate and it is my feeling that you should have the right to know what it was. I would press to find out. If there is any way you can get them to cut to the chase before the paperwork is sent back to the States, that would be best. Like others have said, if it leaves GZ you will wind up at the bottom of a stack on some buffoon's desk.

 

Keep the faith and press forward with diligence and courage. We wish you the best and you are in our thoughts and prayers. Please keep us posted.

[frank1538]

However, I would think that the denial had little to do with lack of phone logs or things like that.

178217[/snapback]

I think you're probably right about the phone logs. A lack of supporting documentation usually results in a "blue slip" rather than a reccomendation to USCIS to revoke. Yep, I'm guessing that something else tripped the switch. Unfortunately, JamesBDennis is in the dark, but I hope he can get some concrete answers from the consulate before the files leave China.

[warpedbored]

I think Frank is right. They must have somehting that to them is pretty compelling evidence of visa fraud. Perhaps some third party correspondence. If it were a mere technical issue such as phone logs or paperwork they wouldn't send it back to the USCIS.

[LiandLarry]

James, I was wondering if there is an update to your situation. None of us want to see the case come back to the U.S. for review. Do you have any idea who could have written something against your union? Were you able to catch it before being sent back?

 

Sincerely,

 

Larry