Dreaded Forest Fire

[JuanZhong_Li]

Dreaded Forest Fire

An innocent middle-aged woman was killed

the story of a domestic helper

 

I¡¯m from TaiShan, south China Guangdong province, an applicant of K3 Visar.

 

When I married my husieband in March 2005, I was 49 years old.

My visar interview was on Nov 9, 2005.

We were over-confident before visar interview. Our attorney in San Francisco said there is no point to deny us. Cuz everything is true we thought there is no nothing to wurry about.

My VO is a gentleman in his 30s, thin and tall, with glasses, fair complexion, dark hair.

His signature is like Chinese character for fire. Dreaded Forest Fire it proved to be.

The interview was conducted through a Cantonese interpreter.

1. How did you meet?

2. How many times he visited you?

3. What is his job?

4. What is his source of finance?

5. Evidence of your communication, please?

VO saw our remittance slips, pictures, X¡¯mas cards and New Year cards, letters (not meny letters, cuz my husband is retired and spent meny meny months in Chaila with me, wely few phone bills cuz phone cards are chiper.)

 

6. Why he sent you so much money?

He has pension, houssie (real estate) for rent.

7. (VO returned the pics and our stuff to me) I cannot approve your visa. We suspect your case is fraud.

I tried to argue: Why? We are wely true. Why don¡¯t you believe us?

8. VO: I cannot approve your visa now.

Tears came to my eyes. We are wely wely true and he just doesn¡¯t believe us!

Our case was returned to DHS.

We were never given an opportunity to submit materials to overcome denial.

 

Background of my husieband:

His former wife passie away in Aug 2004.

He has a military background. He was with the 3rd Army in Germany during World War II.

He has an annual income of $80,000.

His grown-up children and siblings are wely supportive to our marriage and they are heppy I take wely good care of my husieband.

My husieband and I have an age difference of 40 years.

 

My background:

I used to be the domestic helper of my husieband cuz he has a houssie in TaiShan, Chaila.

He said he no trust nobuddy else for his houssie, only trust me. He sent me meny money was no only for me pocket but for furnishing his houssie and his meny meny months expenses in Chaila.

 

About my previous marriage:

I got my divorce final with my ex in Dec 2003.

My ex beat me. When I was pregnant with my 2nd child for 4 months, he had another woman and wanted me to have an abortion. I refused and he beat me.

Before my two children grew up, I had to endure for meny meny years what is unendurable. My children grew up and left the nest in 2002. I quarrelled with the father of my children cuz he didn¡¯t give money to raise the family. He beat me and left. I went to the courthouse. They told me to put a notice on TaiShan Daily and waited for 3 months. The father of my children didn¡¯t show up. Then I sued to the court and waited till Dec 2003 I got the divorce certificate.

 

What¡¯s now?

Now my husieband has filed another petition for K3.

 

Juan

[Jonathan]

I do not understand why your husband and you did not protest this immediately?

 

As an example scenerio:

If for some reason, I can not make it to China for my fiance's interview, and she was denied, you can be sure that I will drop everything I was doing at the moment, and fly over to China to protest this. It would be way up there on my priority list. And you can be sure that I will not give up without a hard fight.

 

If you feel that you are right, you are entitled to an opportunity to appeal. I just hope you did not let too much time pass by.

 

Your husband and you need to get really involved in this, and perhaps take the stance together.

[frank1538]

Welcome to Candle. Hopefully, you will get some good advice here.

 

Do you think your husband's age had anything to do with the denial? If you're 50, he's 90.

[JuanZhong_Li]

I do not understand why your husband and you did not protest this immediately?

 

As an example scenerio:

If for some reason, I can not make it to China for my fiance's interview, and she was denied, you can be sure that I will drop everything I was doing at the moment, and fly over to China to protest this. It would be way up there on my priority list. And you can be sure that I will not give up without a hard fight.

 

If you feel that you are right, you are entitled to an opportunity to appeal. I just hope you did not let too much time pass by.

 

Your husband and you need to get really involved in this, and perhaps take the stance together.

203112[/snapback]

My husieband was in China when I had vsiar interview.

He wrote GUZ but no useless.

He went to the consulate but they only answered general questions, not specific ones.

Once VO has decided to return the case to DHS, you can do no nuthing about it.

[Yuanyang]

I do not understand why your husband and you did not protest this immediately?

 

As an example scenerio:

If for some reason, I can not make it to China for my fiance's interview, and she was denied, you can be sure that I will drop everything I was doing at the moment, and fly over to China to protest this. It would be way up there on my priority list. And you can be sure that I will not give up without a hard fight.

 

If you feel that you are right, you are entitled to an opportunity to appeal. I just hope you did not let too much time pass by.

 

Your husband and you need to get really involved in this, and perhaps take the stance together.

203112[/snapback]

My husieband was in China when I had vsiar interview.

He wrote GUZ but no useless.

He went to the consulate but they only answered general questions, not specific ones.

Once VO has decided to return the case to DHS, you can do no nuthing about it.

203138[/snapback]

Where's the lawyer in all of this? The lawyer should be providing the legal guidance to you and your husband.

[JuanZhong_Li]

Welcome to Candle.  Hopefully, you will get some good advice here.

 

Do you think your husband's age had anything to do with the denial?  If you're 50, he's 90.

203131[/snapback]

VO thought our case was fraud. When I answered my husieband is retired, he thought I paid him for bringing me to Amelicca. He didn't no check the truth my husieband has good income.

My friends said age difference is also a problem causie VO think our marriage is fraud. My husieband even got letters from the witnesses, our neighbors in Chaila seeing us living as a couple in the houssie my husieband invested in China, but we were not given any opportunity to submit materials to overcome denial!

Once VO saw me look like a domestic helper, he decided our case was fraud. How I can change I look?

[JuanZhong_Li]

Where's the lawyer in all of this?  The lawyer should be providing the legal guidance to you and your husband.

203141[/snapback]

 

The lawyer is in San Francisco. My husieband filed a second petition for K3. Thisie isie the advaisie.

[shyaushu]

Your great age difference and his substantial income probably has a great deal to do with this (hopefully) initial refusal. It is not hard to see how someone might see this case as a "gold digger" situation.

 

But it is the sadness and tragedy of this situation that strikes me. Both of your ages argue for a swift, compassionate resolution to this matter. It is one thing for a couple in their 20's to have their application delayed (although it's hardly fun!), but when one of the parties is 89 or 90, there is probably not much time to fool around.

 

I hope you can resolve this very quickly and that you and your husband can be together as soon as possible.

[JuanZhong_Li]

Your great age difference and his substantial income probably has a great deal to do with this (hopefully) initial refusal.  It is not hard to see how someone might see this case as a "gold digger" situation.

 

But it is the sadness and tragedy of this situation that strikes me.  Both of your ages argue for a swift, compassionate resolution to this matter.  It is one thing for a couple in their 20's to have their application delayed (although it's hardly fun!), but when one of the parties is 89 or 90, there is probably not much time to fool around.

 

I hope you can resolve this very quickly and that you and your husband can be together as soon as possible.

203145[/snapback]

The problem is VO didn't no check his income. VO thought I paid my husieband for bring me to Amellica.

 

Rich people marry for fun. I only want a husieband raise family and do no beating me. I take wely good care of him. Everybuddy need everybuddy else.

[JuanZhong_Li]

but when one of the parties is 89 or 90, there is probably not much time to fool around.

 

203145[/snapback]

The fortune teller say my husieband will live 99 years old. min yin, his life is hard to kill. Even in Germany, meny meny people killed, he survived.

[Jonathan]

Maybe it will help if you show them:

 

1. Your husband has consistent income over the last couple of years,

and thus, has no need to for making money illegally.

Be prepared to clearly document where his income comes from.

 

2. If your husband has a clean record, you can make that another point,

of his good moral character.

 

3. If you believe you are right. Do not give up. You have a right for

an appeal. If someone wouldn't talk to you, talk to someone else,

and repeat until someone with the right mind, hears you out.

 

If they wouldn't answer case-specific questions, then ask them who and where you can get answers case-specific questions. If you've been rejected, you do have a right to know specifically why. Let them know that you know that. It would be better, however, if you let your husband do the talking, as he should be accustomed to the idea, being in the US so long.

 

Maybe that is the best thing about the US system. You can appeal, but

you've got to stand firm and let them know that you know your rights.

Edited March 31, 2006 by Jonathan (see edit history)

[Jonathan]

This came from:

 

USCIS K1 FAQ

 

How Can I Appeal?

If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) For more information, please see, How Do I Appeal the Denial of My Petition or Application?.

 

 

Appeal Procedure

 

According to the above, everyone has a right to an appeal within 33 days. You can take that with you next time.

[frank1538]

This came from:

 

USCIS K1 FAQ

 

How Can I Appeal?

If your petition for a fianc?(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) For more information, please see, How Do I Appeal the Denial of My Petition or Application?.

 

 

Appeal Procedure

 

According to the above, everyone has a right to an appeal within 33 days. You can take that with you next time.

203329[/snapback]

These links provide guidance on appealing a USCIS decision to deny or revoke a petition and may be useful if it comes to that. Technically, a Department of State outright denial of a visa application, as opposed to a "blue slip" situation, is not appealable.

[jemmyell]

This came from:

 

USCIS K1 FAQ

 

How Can I Appeal?

If your petition for a fianc?(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) For more information, please see, How Do I Appeal the Denial of My Petition or Application?.

 

 

Appeal Procedure

 

According to the above, everyone has a right to an appeal within 33 days. You can take that with you next time.

203329[/snapback]

These links provide guidance on appealing a USCIS decision to deny or revoke a petition and may be useful if it comes to that. Technically, a Department of State outright denial of a visa application, as opposed to a "blue slip" situation, is not appealable.

203347[/snapback]

Hi,

 

In this case it looks to me like the USC needs to contact DOS and his Congress Person and Representative directly. A Chinese Citizen really has no rights at the consulate, so it is the USC that really needs to make things move.

 

That attorney sounds pretty useless to me too.

 

-James

Edited March 31, 2006 by jemmyell (see edit history)

[JuanZhong_Li]

Maybe it will help if you show them:

 

1. Your husband has consistent income over the last couple of years,

    and thus, has no need to for making money illegally.

    Be prepared to clearly document where his income comes from.

 

2. If your husband has a clean record, you can make that another point,

of his good moral character.

 

3. If you believe you are right. Do not give up. You have a right for

an appeal. If someone wouldn't talk to you, talk to someone else,

and repeat until someone with the right mind, hears you out.

 

If they wouldn't answer case-specific questions, then ask them who and where you can get answers case-specific questions. If you've been rejected, you do have a right to know specifically why. Let them know that you know that. It would be better, however, if you let your husband do the talking, as he should be accustomed to the idea, being in the US so long.

 

Maybe that is the best thing about the US system. You can appeal, but

you've got to stand firm and let them know that you know your rights.

203326[/snapback]

Thank you so much. I'll forward your information to my husieband.

I'm not exactly sure what my husieband has done. I remeber he took immediate action when my visar was denied. Now he got a letter from the senator.

What I feel bad is VO thought I look like a person who paid someone for going to Amelica, while some people think I'm a gold digger. My husieband's children all support me cuz they know I only need money to buy food, clothes and to pay utilities - that's all. I'm not greedy.

Even when one of my jealous friends visited our house, she looked into our room. When she saw only one big bed we have, she looked queer.