visa denied

[chilton747]

This past week has really been one of the toughest weeks in my life. I have been reading all of you posts and I am very thankful for all of your concerns and opinions. I have finally assembled what I believe to be the correct sequence of the interview questions.

 

The VO first asked if my SO could speak english. She said she could only speak a little. Then he asked her for a picture and she gave some to him. My SO said that he looked at our pictures a long time.Then the VO spoke english to her rapidly and she could not understand. Then the VO spoke chinese (my SO said his chinese was very poor)and asked my SO if her husband is in the USA. She answered that I am her future husband. The VO then said he meant her exhusband and said his name. My SO said no. She said that her ex lived in jiujiang and they have been divorced for 13 years. Then the VO asked her if someone was giving her money. She said yes that I was giving her money to live. Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more. then the VO asked her what I did for a living. She told him that I work in printing as an engineer and that I play music also. The vO seemed to stay on the subject of me being a musician. He told her that he did not believe that I played music. She had a picture of me playing and tried to give it to him. My SO said he became very angry and did not want to see the picture. The VO kept asking her about my music and then called over another VO that spoke Chinese and that VO asked her the same questions about my music in Chinese. My SO answered the same correctly.Then the vO asked what dates I came to china. She answered him correctly. Then the VO gave her the white slip. My fiancee fell to the floor and had to be carried out.

What went wrong? I might probably never know. My SO thinks that the vO thought that she was only trying to come to the USA and using me to do this. I know that this happens a lot but it was definitely not our case. my SO and I have vowed that we will always stay together forever and that will never change. I will be going to china next month to marry my beloved SO. This will bring us more peace and assurance of our forever love. We will try the K3 if my congressman cannot get the K1 reinstated. If we fail again with the K3 then I will move to china. Yes this will mean more time apart but our love is very strong and we will endure all things.

 

but this whole part that I've highlighted seems like one big failure to communicate, and that the second VO contributed nothing (unless, like you suggest, he was called over as a witness). So the turning point had to either be the pictures, or something external prior to the interview. What did he say "rapidly in English" that she didn't understand?

 

This interview was so stressful and so shocking to her that she fainted at the end. What's wrong with this picture?

 

I hear you...........I think they had their minds made up before she went in. And yes she was really stressed. Ago some of you mentioned that their might have been a 3rd party involved. I know that some chinese people are really jealous of others success and will sometimes sabotage another's relationship. I have seen this first hand after my first visit to china. I am going to try and not think about this too much as the future is the most important thing now. but being a human, one can't help thinking what the real underlying cause is that led to the denial.

 

 

The VO .... then called over another VO that spoke Chinese and that VO asked her the same questions about my music in Chinese.

 

 

The strange thing is that it also seems a stretch to base this on the questioning of music of all things

 

 

 

 

Yes indeed this is very strange. It makes absolutely no sense to me at all. If the VO would have taken the time to look at my tax papers she brought with her then he would have seen this. It is a second and smaller income for me.

[tonado]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

[IluvmyLi]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

 

Seems like a stupid question by the VO. You did not marry in China because you filed a K1. Duh!

[Guest pushbrk]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

 

Seems like a stupid question by the VO. You did not marry in China because you filed a K1. Duh!

 

Backwards. They filed a K1 because they did not marry in China. The question about WHY is a legitimate one that deserves an answer, when asked. One acceptable answer would be that the couple is so much in love they want to be together as soon as possible, so they chose to file K1 and get married in USA because they expected it to be faster.

 

It appears to me that there were several factors that contributed to the wrong impression at interview. I suspect one or two key factors were simply the result of communication problems between the VO and applicant. Usually it is a communication issue that results in a truth taken as a lie.

[tonado]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

 

Seems like a stupid question by the VO. You did not marry in China because you filed a K1. Duh!

 

Yes, the question is very unfair.

[chilton747]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

 

Seems like a stupid question by the VO. You did not marry in China because you filed a K1. Duh!

 

BINGOOOOOOOOOOOOOOOOO...I had met my fiancee in Nov of 2004 via internet. I went to see her the first time in feb 2005. I really liked her a lot!!!!!!!!!! I decided to file for K1 because life has taught me it takes time to get to know one another before marriage. Of course marriage to my fiancee was my full intention. Given the time it takes to get a K1 and add that to the time I already knew her then I feel that I would have made the right choice. After all, why do they give you 90 days to get married? I know some fiancees come here and can't adjust or living together for a month or two tells the real story if a marriage can survive. Again, meeting a woman in china and getting to know her well means that I had full intentions of getting married. After the K1 had been filed then it wasn't long that I knew she was really the love of my life. The second time I went to china I would have married her but the K1 was already filed. Makes sense????????

[Guest pushbrk]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

 

Seems like a stupid question by the VO. You did not marry in China because you filed a K1. Duh!

 

BINGOOOOOOOOOOOOOOOOO...I had met my fiancee in Nov of 2004 via internet. I went to see her the first time in feb 2005. I really liked her a lot!!!!!!!!!! I decided to file for K1 because life has taught me it takes time to get to know one another before marriage. Of course marriage to my fiancee was my full intention. Given the time it takes to get a K1 and add that to the time I already knew her then I feel that I would have made the right choice. After all, why do they give you 90 days to get married? I know some fiancees come here and can't adjust or living together for a month or two tells the real story if a marriage can survive. Again, meeting a woman in china and getting to know her well means that I had full intentions of getting married. After the K1 had been filed then it wasn't long that I knew she was really the love of my life. The second time I went to china I would have married her but the K1 was already filed. Makes sense????????

 

Of course it makes sense but compare it to the answer your SO gave the VO.

[chilton747]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

 

Seems like a stupid question by the VO. You did not marry in China because you filed a K1. Duh!

 

BINGOOOOOOOOOOOOOOOOO...I had met my fiancee in Nov of 2004 via internet. I went to see her the first time in feb 2005. I really liked her a lot!!!!!!!!!! I decided to file for K1 because life has taught me it takes time to get to know one another before marriage. Of course marriage to my fiancee was my full intention. Given the time it takes to get a K1 and add that to the time I already knew her then I feel that I would have made the right choice. After all, why do they give you 90 days to get married? I know some fiancees come here and can't adjust or living together for a month or two tells the real story if a marriage can survive. Again, meeting a woman in china and getting to know her well means that I had full intentions of getting married. After the K1 had been filed then it wasn't long that I knew she was really the love of my life. The second time I went to china I would have married her but the K1 was already filed. Makes sense????????

 

Of course it makes sense but compare it to the answer your SO gave the VO.

 

 

I hear ya Mike

[frank1538]

It seems we're grasping at straws here, with the weight of the denial starting to fall on 747's SO's shoulders. I think this is unwarranted and unfair to the couple. The bottom line is none of us knows exactly why the VO denied the visa, and our speculating that her answers might have been the cause is probably putting more stress on the couple than they need right now.

[gman2531]

True dat Frank! We're getting as bad as GUZ but it sure do make good read.

[LeeFisher3]

I will be going to china next month to marry my beloved SO. This will bring us more peace and assurance of our forever love. We will try the K3 if my congressman cannot get the K1 reinstated. If we fail again with the K3 then I will move to china. Yes this will mean more time apart but our love is very strong and we will endure all things.

 

I may be misunderstanding the direction you are planning to go and want to remind you that getting married does not cancel the K-1 petition since it has been decided to recommend denial. You will have to deal with this now or later either way. There are a number of places where you will be asked if she has been refused a visa and to top it off her Chinese ID and passport number are in the system.

 

So you will be answering the issue at some point in time and sooner is easier. I'll assume you understand this can be a serious problem and not bring it up again.

[Joanne]

I will be going to china next month to marry my beloved SO. This will bring us more peace and assurance of our forever love. We will try the K3 if my congressman cannot get the K1 reinstated. If we fail again with the K3 then I will move to china. Yes this will mean more time apart but our love is very strong and we will endure all things.

 

I think at this point the most important thing is to keep the case in GUZ and find out whether you can provide additional evidences of your relationship. I am not an expert on this visa issue, that's why I haven't said anything. However, if your initial intent is to be united in the States, then try your best to do so. Many of us will choose to relocate to China later on, but that will be a different story. It makes a big difference whether it is by choice or by force.

 

 

You really need to find out, as much as possible, the true reasons why the visa is denied. I feel that the VO might have some negative info prior to the interview.

[Randy W]

 

Of course it makes sense but compare it to the answer your SO gave the VO.

 

 

I think that from the time she handed the pictures to the VO until the end of the interview when she fainted, she felt completely helpless and out of control. It sounds like she had good answers and attempted to give them to the VO.

[chilton747]

 

Of course it makes sense but compare it to the answer your SO gave the VO.

 

 

I think that from the time she handed the pictures to the VO until the end of the interview when she fainted, she felt completely helpless and out of control. It sounds like she had good answers and attempted to give them to the VO.

 

Indeed she did have good answers. They were the truth. I think the issue is that she had all of the evidence and they only wanted to see the pictures and nothing else. I am working on this as I think this is crucial to the overcome.

[SirLancelot]

"Then the VO asked why we have not gotten married in China. She told him that I have not been divorced very long and wanted for us to know each other more."

 

From the above answer, the VO might see the relationship as not strong. For K1, the petitioner and the SO should have full intent of marriage once the SO is in USA. Her answer implied that they need more time to know each other. Thus, he has doubt about the relationship. Just my opinion.

 

Seems like a stupid question by the VO. You did not marry in China because you filed a K1. Duh!

 

BINGOOOOOOOOOOOOOOOOO...I had met my fiancee in Nov of 2004 via internet. I went to see her the first time in feb 2005. I really liked her a lot!!!!!!!!!! I decided to file for K1 because life has taught me it takes time to get to know one another before marriage. Of course marriage to my fiancee was my full intention. Given the time it takes to get a K1 and add that to the time I already knew her then I feel that I would have made the right choice. After all, why do they give you 90 days to get married? I know some fiancees come here and can't adjust or living together for a month or two tells the real story if a marriage can survive. Again, meeting a woman in china and getting to know her well means that I had full intentions of getting married. After the K1 had been filed then it wasn't long that I knew she was really the love of my life. The second time I went to china I would have married her but the K1 was already filed. Makes sense????????

 

Ok, I'm getting the full picture now and I believe--like some others on here--that it came down to the VO not believing the full depth of your intent to marry. From everything I've read here, I believe you chilton747. I believe yougenuinely want to marry your SO. However, from the way your SO answered the VO regarding why you two didn't get married in China, I can see a valid reason for the VO's concern.

 

Personally, I have never thought of getting to know my SO better during the K-1 visa process. When I filed and made the statement that I intend to marry my SO, it was a done deal in my mind and there was no further testing period. We chose the K-1 visa over marriage in China for speed reasons. We believed it would be faster to go via the K-1 visa vs. the K-3 or CR1 route. That was the deciding factor in choosing K-1. If I was a VO and an applicant responded that they wanted to be certain of the relationship and that is why they went with the K-1 vs marriage, it would certainly give me pause as well. But that's given an interview with 5 minutes of questioning. Reading all your posts here, I fully believe in your genuine intention to marry. You should persist. You may have to go to court eventually. But I believe you'll prevail.

 

With regards to giving you 90 days to get married, I think it's also for practical reasons that they give you 90 days, meaning not for you to think it over whether you want to marry or not, but the 90 days give you a little bit of time to arrange a real wedding--albeit not enough prep time really but still some time at least. Because the interview date is not known well in advance, you can't really plan your wedding far out in advance. The earlist you can realistically set a wedding date is when you receive the notice of interview date. Between that notice and the time of arrival to the US is not really that long. So that added 90 days upon entry to the US gives the party a little more breathing room to arrange a wedding if you want to. A couple could easily marry on the first day upon entry--the law certainly doesn't prevent that--if they don't care for a wedding ceremony with guests.

 

Best of luck with your fight! I'm rooting for you.