visa denied

[SirLancelot]

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.

 

Lee, I understand and have read the lawyer writeups about why a K-1 revocation will have severe consequences for future applications of K-3 or CR1 visas, but in this specific case, if the reason for revocation is that the VO strongly suspects the couple will not marry once the beneficiary arrives in the US on her K-1 visa, then by actually marrying in China and staying in China for a while to prove the length of their marriage, I think it automatically null and voids the VO's objections in the original reason for revocation. No?

 

edit: Well here is an interested post on found on VJ

http://www.visajourney.com/forums/index.ph...st&p=419453

 

I m saying this because i also filed for I-129F/fiance petition , but i filed for it in the Nebraska service center, because that is the service center that takes petition applications from my state, Missouri....

 

However, that petition was denied, we then married in england, and filed I-130 , and I-129F /spouse K-3, which the application for the I-129F K3 had to be mailed to Chicago, IL, like you are saying your lawyer did.

Edited September 3, 2006 by SirLancelot (see edit history)

[warpedbored]

One common thread I have noticed in these cases is once the VO gets a gut reaction their mind is made up no matter how much evidence you have to contradict their assumption. How they can be so sure of themselves and jerk people's lives around in a five minute interview is more than ludicrous. Personally I would rather see a few cases slip through the cracks than have them put legitimate couples through such misery. It has been 2 1/2 years since my wife's blue slip and overcome and I still get pissed when I think about the way the VO treated her. I hear a few people her defending VOs and talking about how professional and all they are. The fact is some of them are assholes and they are not all nice.

[SheLikesME?]

We all are a-holes sometimes Carl, huh? I have shown mine a time or two.

 

I am not an expert like these other fine folks but I will join in since my wife is on the train to GuZ at this moment.

 

It flat jumped out at me in what was posted as the interview. That is the answer of making sure before we marry. We would never have said that, but she was honest but not completly factual probably because so nervous she did not say where the relationship was at that moment. That is they would have married on the 2nd meeting, but the K1 was already filed. She froze up a bit, like we all do from time to time I suppose. The original idea of getting to know better should have been left out.

 

My wife and I had a practice run when I got certified as single at the Embasy in Beijing. Both of us were interviewed 2-3 times. I got told flat ass no. I was shocked and then got my wits and started talking about her education and good this and that, she shut me up and called her up. Once it came out that I listed myself on the internet and she found me it all turned around. It was not nice. Even after I got the notorized cert by this stone faced woman, she looked me dead in the eye and wished me good luck, like I was making the mistake of my life. I hated all that at the time. My wife gets nervous and talking fast and jittery. Her English suffers bad too. So I can see how your SO would just plain old do her best, all nervous and .......... what a shame she fainted. I can't imagine that kind of shock, if I had not been through it myself at the Embassy. They are rough on you.

 

Toughen her up for any 2nd interview. Reherse questions, and maybe be there for moral support. I wish you guys the best. And folow this good advice like Lee especially is drilling in on, to deal with the K1 no matter what ever else you do. Personally I would love to live in China, but not under force like this. It is good to have options.

 

Wish you the best.

[chilton747]

I hear everything everyone is saying. Yes the possibility that she might have said the wrong things does exist but the bottom line is that we do and have had a bonafide relationship for a long time prior to the interview. If the VO would have taken the time to look at our evidence then there would have been no doubt as to our relationship being bonafide. She tried on several occasions to give the VO the documents relating to the questions that were asked but they simply refused to see them and my SO said they became angry with her when she tried to give them. If any VOs or members of the Consulate are reading this CFL post, YOU WERE TERRIBLY WRONG WITH YOUR DECISION!!!!!!!!!!!!!!!! YOU HAVE CAUSED A GREAT DEAL OF SUFFERING AND DEVESTATION FOR TWO INNOCENT PEOPLE!!!!!!!!!!!!!!!

[lostinblue]

As the stress level during the visa interview can rattle the minds of many people . Is it possible to make a list of reasons that would be simple for the SO to remember on how to answer this question if it came up in the future. Myself when I came to china to see my SO I told her before I came that I would not mention about getting married.As most of us have gone through divorce hell in our past lives to get married on the first few weeks of meeting someone seems foolish .

[LeeFisher3]

Lee, I understand and have read the lawyer writeups about why a K-1 revocation will have severe consequences for future applications of K-3 or CR1 visas, but in this specific case, if the reason for revocation is that the VO strongly suspects the couple will not marry once the beneficiary arrives in the US on her K-1 visa, then by actually marrying in China and staying in China for a while to prove the length of their marriage, I think it automatically null and voids the VO's objections in the original reason for revocation. No?

 

There is considerable speculation concerning what the VO thought or didn't think and what the reason for them saying they were recommending a denial. The truth is none of us really know and are only guessing.

 

The facts are set and there is a process that follows, trying to go a different direction than has been set is full of perils and pitfalls.

[david_dawei]

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.

 

Lee, I understand and have read the lawyer writeups about why a K-1 revocation will have severe consequences for future applications of K-3 or CR1 visas, but in this specific case, if the reason for revocation is that the VO strongly suspects the couple will not marry once the beneficiary arrives in the US on her K-1 visa, then by actually marrying in China and staying in China for a while to prove the length of their marriage, I think it automatically null and voids the VO's objections in the original reason for revocation. No?

 

The problem is that we really don't know the objections and does it fall into a class of ineligibilites or comes with a bar from entry for certain years??

 

The safe bet appears to be, if you really want to remarry... cancel the K1 and don't leave it's outcome to chance; this is one of the few things the couple have control over.

 

It's time to keep our head.. attempting some logical reasoning from the VOs perspective is going to go further than from our emotional perspective or calling them names... but guessing and speculating (however logical) does not really help after a while either.

[chilton747]

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.

 

Lee, I understand and have read the lawyer writeups about why a K-1 revocation will have severe consequences for future applications of K-3 or CR1 visas, but in this specific case, if the reason for revocation is that the VO strongly suspects the couple will not marry once the beneficiary arrives in the US on her K-1 visa, then by actually marrying in China and staying in China for a while to prove the length of their marriage, I think it automatically null and voids the VO's objections in the original reason for revocation. No?

 

The problem is that we really don't know the objections and does it fall into a class of ineligibilites or comes with a bar from entry for certain years??

 

The safe bet appears to be, if you really want to remarry... cancel the K1 and don't leave it's outcome to chance; this is one of the few things the couple have control over.

 

It's time to keep our head.. attempting some logical reasoning from the VOs perspective is going to go further than from our emotional perspective or calling them names... but guessing and speculating (however logical) does not really help after a while either.

I agree that guessing and speculation does not help but only adds the the frustrations. The only fact that I know is that the vO was wrong in his perception of our relationship. He simply did not want to see the evidence. My SO and I will be getting married in China next month. My congressman's office told that she would know someting regarding the K1 this month. If negative or still ify then I will cancel the K1. Whether I will file for a k3 or live in china at this time is not known. My SO and I are wanting to start a family and waiting on the visa will only add more time to our biological clocks. And there is no guarantee that the K3 will go any better. There timeline is simply a matter of guess work for the K3. Due to our big let down my SO is really not too thrilled with the USA government right now. I have to agree with her. We will do what it takes no matter where we live. The 2 times I have been to China has shown me that there are good places to live and be able to work. I really enjoyed myself and they sure didn't mind that I came there to visit. You know that it is much easier for a US citizen to enter and live in china that a China citizen coming to the US. If a person wants to prosper as a family then this should be most important. I am going to china and marry in october and start my new family. The VOs cant stop me from doing this....lol

[SirLancelot]

You know that it is much easier for a US citizen to enter and live in china that a China citizen coming to the US. If a person wants to prosper as a family then this should be most important. I am going to china and marry in october and start my new family. The VOs cant stop me from doing this....lol

 

Good attitude Chilton. Wish you the best of luck in China!

[chilton747]

You know that it is much easier for a US citizen to enter and live in china that a China citizen coming to the US. If a person wants to prosper as a family then this should be most important. I am going to china and marry in october and start my new family. The VOs cant stop me from doing this....lol

 

Good attitude Chilton. Wish you the best of luck in China!

Thank you SirLancelot. Our love is stronger than the obstacles. Our commiment is very strong.

[Guest pushbrk]

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.

 

Lee, I understand and have read the lawyer writeups about why a K-1 revocation will have severe consequences for future applications of K-3 or CR1 visas, but in this specific case, if the reason for revocation is that the VO strongly suspects the couple will not marry once the beneficiary arrives in the US on her K-1 visa, then by actually marrying in China and staying in China for a while to prove the length of their marriage, I think it automatically null and voids the VO's objections in the original reason for revocation. No?

 

The problem is that we really don't know the objections and does it fall into a class of ineligibilites or comes with a bar from entry for certain years??

 

The safe bet appears to be, if you really want to remarry... cancel the K1 and don't leave it's outcome to chance; this is one of the few things the couple have control over.

 

It's time to keep our head.. attempting some logical reasoning from the VOs perspective is going to go further than from our emotional perspective or calling them names... but guessing and speculating (however logical) does not really help after a while either.

I agree that guessing and speculation does not help but only adds the the frustrations. The only fact that I know is that the vO was wrong in his perception of our relationship. He simply did not want to see the evidence. My SO and I will be getting married in China next month. My congressman's office told that she would know someting regarding the K1 this month. If negative or still ify then I will cancel the K1. Whether I will file for a k3 or live in china at this time is not known. My SO and I are wanting to start a family and waiting on the visa will only add more time to our biological clocks. And there is no guarantee that the K3 will go any better. There timeline is simply a matter of guess work for the K3. Due to our big let down my SO is really not too thrilled with the USA government right now. I have to agree with her. We will do what it takes no matter where we live. The 2 times I have been to China has shown me that there are good places to live and be able to work. I really enjoyed myself and they sure didn't mind that I came there to visit. You know that it is much easier for a US citizen to enter and live in china that a China citizen coming to the US. If a person wants to prosper as a family then this should be most important. I am going to china and marry in october and start my new family. The VOs cant stop me from doing this....lol

 

You'll want to decide whether or not to withdraw the K1 petition BEFORE you marry in China because marriage in China violates the intent of the K1. Don't marry in China while you have an active K1 petition. Others can explain why, better than I can but I just wanted to point out the pitfall before you go to far down a dangerous road, even if only in your mind.

[frank1538]

but I just wanted to point out the pitfall before you go to far down a dangerous road, even if only in your mind.

It's a dangerous road in my mind, too, whenever you have to contend with this situation. None of us knows what caused the the consulate to take its action and none of us has the legal expertise to really know all of the options in navigating the "recommendation to revoke" minefield. There seem to be so many possibile outcomes that I couldn't begin to understand which road to take without proper legal advice. But, if the wrong road taken were to prevent my SO from coming to the US, that strikes me as a dangerous road.

 

Do nothing, withdraw the K-1 (can it be done after the consulate's actions?) , hope USCIS doesn't act on the recommendation to revoke and simply says that petition has expired (Christer's case), try to keep the files at the consulate, fight any USCIS action...

 

Which road should 747 take? I don't know. It would be nice to say "who cares?" if I planned on going to China to get married and to live the rest of my life there. But if I ever wanted to return to the US, I would prefer to do so with with my wife by my side.

[chilton747]

 

You'll want to decide whether or not to withdraw the K1 petition BEFORE you marry in China because marriage in China violates the intent of the K1. Don't marry in China while you have an active K1 petition. Others can explain why, better than I can but I just wanted to point out the pitfall before you go to far down a dangerous road, even if only in your mind.

Mike, this is what the Consulate quotes in their fiancee visa FAQs:

 

We decided to get married before my K-1 petition could be processed. What should I do?

 

If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with the CIS.

 

Of course I will check with my congressmans office about this. I am certain they will lead me down the right path.

[chilton747]

I sympathize with your fiancee. "jiujiang" sounds like the neighbor city of my birth place.

Upon visa denial, she fell to the floor and had to be carried out. I'm deeply sorry for that. But life has more challenges than visa denial. Think if you succeed in getting a visa through a 2nd petition, will she fall to the floor for other difficulties in life? Will she survive other difficulties of an intercultural relationship? Are you able to handle the difficulties as a few of our members encountered like "over sensitive, bi-polar" or "chemical imbalance"? (Just my stupid guess over her fainted).

 

I recall Alexli's post "search your heart and soul again ask yourself do you really love this woman and does she really love you. " She might be fainted cuz her American dream was crushed.

 

I have a friend from changle whose K1 was kicked back in April 2005. I was the one who encouraged her petitioner not to leave her at that difficult moment and file a 2nd petition for her. The petitioner said when his fiancee was in his arms, everything would be like in heaven. She arrived in America in March 2006, but the relationship didn't work. Her American dream seemed like American jail to me due to language barrier and unhealthy relationship. When she called me and cried on the phone I felt sort of guilty.

 

I understand what you are saying Eunice. Believe me I have been around enough women to know these "chemical imbalances". My SO numerous times in our relationship has asked me about living in China. I told her would always consider it. My SO grew up in rural China and I think you know what kind of life she lived. To be involved in any relationship always carries a risk. If one never wants to risk a loss then they will never find love. My SO and I have had some down times as all couples do. I firmly believe the reason my SO hit the floor is because of the "lost face" syndrome that effects many chinese people. She has told me many times that living in the USA is no matter to her. She simply wants a good loving family as she has never had this in her life.

I want to send you an email at your yahoo email address you have. Is that ok with you?

[tonado]

I sympathize with your fiancee. "jiujiang" sounds like the neighbor city of my birth place.

Upon visa denial, she fell to the floor and had to be carried out. I'm deeply sorry for that. But life has more challenges than visa denial. Think if you succeed in getting a visa through a 2nd petition, will she fall to the floor for other difficulties in life? Will she survive other difficulties of an intercultural relationship? Are you able to handle the difficulties as a few of our members encountered like "over sensitive, bi-polar" or "chemical imbalance"? (Just my stupid guess over her fainted).

 

I recall Alexli's post "search your heart and soul again ask yourself do you really love this woman and does she really love you. " She might be fainted cuz her American dream was crushed.

 

I have a friend from changle whose K1 was kicked back in April 2005. I was the one who encouraged her petitioner not to leave her at that difficult moment and file a 2nd petition for her. The petitioner said when his fiancee was in his arms, everything would be like in heaven. She arrived in America in March 2006, but the relationship didn't work. Her American dream seemed like American jail to me due to language barrier and unhealthy relationship. When she called me and cried on the phone I felt sort of guilty.

 

Not a good time to question their relationship. They are stress out as is.