visa denied

[warpedbored]

I am glad your congressman is willing to help but I wouldn't put too much confidence in him being able to do anything for you. They don't have the power to overide a VOs decision. Since your time is limited you would be wise to continue to get a competent attorney in GZ to help you.

[Guest ShaQuaNew]

Why exactly did they give her a blue slip? I may be as simple as a missing or wanted document.

 

It was not a blue slip. She said I as ineligible as to my 5 previous mariages. Thoughts?

 

NOA2 approval means you've been deemed "eligible". You'll know more after she talks to Mr. Yang. They gave her some sort of paperwork that has information you need. Until you understand what that paperwork says, you're shooting in the dark.

 

I'm really sorry for your disappointment and hope it is only temporary.

 

This is an important point that Mike makes here. It can be very confusing for not only you, but for those that are reading these posts to understand what is happening. Why? Because it seems that we are all missing the most important item:

 

"Why the VO recommended not only a denial, but a return to the USCIS."

 

Also, be aware that a VO does not have the authority to deny a visa, but can only recommend it based upon a suspicion that may or may not be backed up by evidence. Unless there is a real issue with national security, and I doubt there is in your situation, the reason for the recommended denial has been well-documented and available to you. This is the information that you need. All other information you get about your case before you have that in hand will only be shoot from the hip conjecture.

[chilton747]

I am glad your congressman is willing to help but I wouldn't put too much confidence in him being able to do anything for you. They don't have the power to overide a VOs decision. Since your time is limited you would be wise to continue to get a competent attorney in GZ to help you.

 

I spoke with King the other day. He told me he could not guarantee that he could have success. He said he would charge 500 USD to have the case held in GZ and then try to get another interview and for this he would charge 3000-5000 USD. Then he told me that if he could not have success with this we should marry in China and for a nominal fee of 3000-5000 USD he would do a K3 for me. Does that sound like a reasonable thing to do? My SO told me to not do this. She wants me to marry her in china in October and then persue the K3 using an attorney in the US. She is willing to wait for this as her love for me is very strong. She is a very practical woman and I am very fortunate.

[esun41]

I too have been through a overcome and as Carl has stated, "anger can cloud your thinking"

 

My anger was more surprise and confusion but still anger on why this happened.

 

Get your evidence together, get to a good lawyer (many have been referred on this site) and for all means... keep your emotions out of this.

 

It will be ok... just keep pluggin' and buggin'

 

Your wife is worth it... mine was!

 

Good luck

[chilton747]

Why exactly did they give her a blue slip? I may be as simple as a missing or wanted document.

 

It was not a blue slip. She said I as ineligible as to my 5 previous mariages. Thoughts?

 

NOA2 approval means you've been deemed "eligible". You'll know more after she talks to Mr. Yang. They gave her some sort of paperwork that has information you need. Until you understand what that paperwork says, you're shooting in the dark.

 

I'm really sorry for your disappointment and hope it is only temporary.

 

This is an important point that Mike makes here. It can be very confusing for not only you, but for those that are reading these posts to understand what is happening. Why? Because it seems that we are all missing the most important item:

 

"Why the VO recommended not only a denial, but a return to the USCIS."

 

Also, be aware that a VO does not have the authority to deny a visa, but can only recommend it based upon a suspicion that may or may not be backed up by evidence. Unless there is a real issue with national security, and I doubt there is in your situation, the reason for the recommended denial has been well-documented and available to you. This is the information that you need. All other information you get about your case before you have that in hand will only be shoot from the hip conjecture.

I admit I was very confused at first as well as my SO. but the facts are that she was handed the white slip saying the case was denied because of lack of evidence of a bona fide relationship and that the case was being sent back to the USCIS. again, they only asked her a few questions and did not want to see her evidence. She tried to give it to the VO but he refused to look at it.

[Guest ShaQuaNew]

I admit I was very confused at first as well as my SO. but the facts are that she was handed the white slip saying the case was denied because of lack of evidence of a bona fide relationship and that the case was being sent back to the USCIS. again, they only asked her a few questions and did not want to see her evidence. She tried to give it to the VO but he refused to look at it.

 

Do your best to keep a level head during this time. There is very little you or anyone can do at this moment. One thing no-one will be priviledged to is to know exactly what the VO was thinking. To get that information will require the expertise of a well-practiced and experienced immigration attorney. Unfortunately, this is your only option right now. I've noticed that there have been several recommended to you. If you have the funds on hand, try getting something moving with that attorney right away. Pay the retainer if you can to make sure they are motivated to get working hard and right away before your paperwork leaves Guangzhou.

Edited August 30, 2006 by ShaQuaNew (see edit history)

[LeeFisher3]

I am glad your congressman is willing to help but I wouldn't put too much confidence in him being able to do anything for you. They don't have the power to overide a VOs decision. Since your time is limited you would be wise to continue to get a competent attorney in GZ to help you.

 

I spoke with King the other day. He told me he could not guarantee that he could have success. He said he would charge 500 USD to have the case held in GZ and then try to get another interview and for this he would charge 3000-5000 USD. Then he told me that if he could not have success with this we should marry in China and for a nominal fee of 3000-5000 USD he would do a K3 for me. Does that sound like a reasonable thing to do? My SO told me to not do this. She wants me to marry her in china in October and then persue the K3 using an attorney in the US. She is willing to wait for this as her love for me is very strong. She is a very practical woman and I am very fortunate.

 

You need to read this article carefully: Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

 

Do what you can to get the case to remain in GZ, that is your first and foremost item of business. Deciding what to do once that has been accomplished does not need to be decided today.

[david_dawei]

I'm very sorry to hear this.. it does sound on the surface like a gross error has been made.

 

What's really troubling is when one realizes that most consulates are given guidance to use 221g (which usually stays at the consulate as overcome) instead of revocation since ligitation can result from the latter..

 

so for the latter to occur, "factual and concrete reasons for revocation" must exist; Without "hard, factual evidence of fraud, misrepresentation, or ineligibility for status", they are wasting their time sending it back to DHS for review if DHS will in fact overturn it...

 

It's hard to imagine why the VO feels the evidence is so concrete as to needing revocation.

 

The only thing I read out of it is the multiple marriages. The VO IS NOT SAYING THAT there is a limit to multiple marries; that's silly. (Yes, mike is right.. USCIS adjudicated the petition.. means he meets the requirements to FILE a petition...and that got approved... does not mean anything about visa issuance.).

 

He's saying that multiple marries of this frequency is [probably] his proof that this particularly relationship is not a valid one... I don't think he would based that solely on this, but I'm sure other info as well, which we were not at the interview to see every nuiance.

 

So, my guess is that he thinks this is a sham marriage (ie: fraudulent intent to evade immigration law via a marriage), and feels the evidence is conclusive and concrete. This would clearly result in a quick decision to revocate.

 

I personally would rather he follow the guidance clearly given and follow the strict warnings of sending back a case on weak evidence.. and just use 221g (overcome).

 

Do whatever you can to keep it in GUZ... It's easier and less time to overcome.

 

if you do decide to get married in the long run and file that petition, I don't see why you need a lawyer. Just need to establish the relationship beyond doubt.. but that's getting ahead of ourselves now...

[LeeFisher3]

If you choose to go the K-3 route you will still need to deal with the K-1. You can not afford to have the USCIS stamp the case as denied and even if you withdraw the case with a recommendation for denial that will result in a denail label associated with the case.

[david_dawei]

If you choose to go the K-3 route you will still need to deal with the K-1. You can not afford to have the USCIS stamp the case as denied and even if you withdraw the case with a recommendation for denial that will result in a denail label associated with the case.

 

 

I agree.

[IluvmyLi]

I have a friend who has a fiance that was also denied. He paid King 5k to fight the denial. The result was not good. Case was sent back to USA.

 

King's office advised my friend to return to China and marry his fiance. He was told the chances for success were very high.

 

Since the original battle was not a success by King's office, the original 5k was applied to the work that would be done on the K3. His services are not cheap, but I think it was very good that his office carried over the fee's that were paid.

 

I also warned my friend that the K1 MUST be settled with or there will be problems down the road with the K3. King's office seemed to think that it's no problem and not to worry.

[warpedbored]

King is not cheap but he also has a good reputation for being honest and competent. The fact he told you he can't guarantee anything shows he tells the truth. Personally I think you would be better off to try and hold this petition at GZ rather than abandon it and go K-3. For one thing the denial would look bad on the K-3 and would likely cause you problems later. I would do that as a last resort,

[david_dawei]

King is not cheap but he also has a good reputation for being honest and competent. The fact he told you he can't guarantee anything shows he tells the truth. Personally I think you would be better off to try and hold this petition at GZ rather than abandon it and go K-3. For one thing the denial would look bad on the K-3 and would likely cause you problems later. I would do that as a last resort,

 

 

I think Carl really states this best. Don't worry about cost as much as competence; and he's honest about the outcome. You want this to stay in china if possible; that's the first step (you can change your attack after getting this to stay in china). You don't want the denial on your record if avoidable...

[Randy W]

Ok folks here is what I know now. My SO's VO was a young USA man. He could not speak Chinese very well and my SO could not understand him much. He kept asking her if her exhusband was in the USA. Her ex lives in China and always has. He also asked her several times why I have not come to china to marry her. He asked her how we communicated and she said she spoke some english but mostly we chatted as she can write good english. She offered to give him all of our emails and chats but he refused to want to see them. He only looked at the pictures and said that we lie. He asked her my job and she answered him correctly and he still said that she lied. I double checked all of my paperwork and everything is correct! After he gave her a denial paper she went to see a lawyer in the consulate building. He said he could not help her as the case has to be sent back to the USA. I will fight this to the end. My SO told me that the VO was refusing visas to others also. The VO's initials are BK. We are really heartbroken at this time but we will regroup and get this thing done. We vowed a long time ago to never change our love no matter what. My SO and I are sticking to this no matter how long it takes or if I have to go to China and live. We talked about us getting married in China but I must agree with LeeFisher's comments. Thank all of you for your sympathies and your advice. It really means a lot to me.

 

There are several things I can't believe about this that I've bolded above. Do they really think that her ex-husband lives in the US? Saying "that we lie" at the interview is simply badgering. I-129F applicants don't marry their fiance's in China.

 

Can you determine from your SO exactly when the interview went south? Or was it from the beginning? Did it arise from a communication problem? It seems like knowing this might help in dealing with the consulate.

[david_dawei]

Ok folks here is what I know now. My SO's VO was a young USA man. He could not speak Chinese very well and my SO could not understand him much. He kept asking her if her exhusband was in the USA. Her ex lives in China and always has. He also asked her several times why I have not come to china to marry her. He asked her how we communicated and she said she spoke some english but mostly we chatted as she can write good english. She offered to give him all of our emails and chats but he refused to want to see them. He only looked at the pictures and said that we lie. He asked her my job and she answered him correctly and he still said that she lied. I double checked all of my paperwork and everything is correct! After he gave her a denial paper she went to see a lawyer in the consulate building. He said he could not help her as the case has to be sent back to the USA. I will fight this to the end. My SO told me that the VO was refusing visas to others also. The VO's initials are BK. We are really heartbroken at this time but we will regroup and get this thing done. We vowed a long time ago to never change our love no matter what. My SO and I are sticking to this no matter how long it takes or if I have to go to China and live. We talked about us getting married in China but I must agree with LeeFisher's comments. Thank all of you for your sympathies and your advice. It really means a lot to me.

 

There are several things I can't believe about this that I've bolded above. Do they really think that her ex-husband lives in the US? Saying "that we lie" at the interview is simply badgering. I-129F applicants don't marry their fiance's in China.

 

Can you determine from your SO exactly when the interview went south? Or was it from the beginning? Did it arise from a communication problem? It seems like knowing this might help in dealing with the consulate.

 

randy raises a good point... I think that the VO considered it a sham marriage... and he would base that on evidence we not yet aware of..

 

But why would he ask about the 'ex' being in the US and not marrying her, unless he believe the non-marriage was due to keeping her unmarried on purpose... for future reuniting with an "ex" in the US (?). yes, some speculation, but it seems the consulate has some angle on this we don't have.