visa denied

[david_dawei]

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.

 

 

Yes, it's in their FAQ because it happens... and there's a proper way to handle it.

 

An improper way is to get married [on a K1] and then attempt to continue the K1 under false pretense (fraudulent petition is pursued to circumvent immigration law) ; that would violate not just the intent but the immigration regulations governing the K1.

 

The best practice appears to be what most are admonishing; Make sure you cancel the K1 and don't leave it just out there; I would agree (personally, not legally) that to cancel it beforehand removes any doubt of improper pursuit of the K1 or CR1/K3, and one less issue to worry about or have any possibility to come back to haunt you.

 

As frank rightly says, proper legal advice is of the utmost importance.. I'm not totally sure I would listen only to the congressman's office... make sure every angle is looked at by the proper [immigrant law] people... I think we at CFL have covered the speculative angle of it

Edited September 4, 2006 by DavidZixuan (see edit history)

[chilton747]

Tony it is ok my friend. I can take whatever comes at me. My SO and I are very strong.

[hakkamike]

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.

I agree Tony, after following this thread it really sadens me to see some peoples posts and their lack of compassion.

[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.

 

 

Yes, it's in their FAQ because it happens... and there's a proper way to handle it.

 

An improper way is to get married [on a K1] and then attempt to continue the K1 under false pretense (fraudulent petition is pursued to circumvent immigration law) ; that would violate not just the intent but the immigration regulations governing the K1.

 

The best practice appears to be what most are admonishing; Make sure you cancel the K1 and don't leave it just out there; I would agree (personally, not legally) that to cancel it beforehand removes any doubt of improper pursuit of the K1 or CR1/K3, and one less issue to worry about or have any possibility to come back to haunt you.

 

As frank rightly says, proper legal advice is of the utmost importance.. I'm not totally sure I would listen only to the congressman's office... make sure every angle is looked at by the proper [immigrant law] people... I think we at CFL have covered the speculative angle of it

.......lol yes CFL has........and yes I will consult with 1 or 2 attornies on this matter. I have already consulted one. She said that no matter what one does in the K1 or K3 visa process there is still no guarantee when it comes to the US government.

[skibum]

It is obvious that the VO'S ex-wife ran off with a muscian!

 

But, they are little gods and can do whatever they want without fear of losing their job. This problem is evident throughout our sick govt. If you read my post in "Visa for family" you can see that my in-laws were turned down because the VO thought we had a sham marrage. He never met us and ignored the fact that she had already gotten the K-1 and 2 green cards.

 

These are sick people who work in consulates.........

[rlheim]

It is obvious that the VO'S ex-wife ran off with a muscian!

 

But, they are little gods and can do whatever they want without fear of losing their job. This problem is evident throughout our sick govt. If you read my post in "Visa for family" you can see that my in-laws were turned down because the VO thought we had a sham marrage. He never met us and ignored the fact that she had already gotten the K-1 and 2 green cards.

 

These are sick people who work in consulates.........

 

 

One more before I stop posting here.

 

That is a big WOW. Your venture is over and finalized, and they think you have a sham marriage? If this is the case, why did they grant the visa?

It's things like this that ....................well never mind, I had enough.

[cosmiclobster]

747: I have been quietly watching this sickening drama unfold with little to add other than what has been said already by some knowledgable CFL people.

 

If you do have the option to go to China to live for 6 or 12 months, I think you should.

 

Live together with your SO and even have a ceremonial (not official) marriage in China for her family while you wait to be sure that the K1 visa is proclaimed officially dead by the US govt.

THEN, when it's time to file the K3 visa and you can show that you have lived together for several months and have been married for x months, they will be hard pressed to deny your visa for lack of a relationship!!!!!

 

Stick it to them if you have to and you can!!! It's total bull$hit that they barely care about 10+ million immigrants that are already here yet they scrutinize the hell out of one couple that have provided stacks of paperwork and forms, background checks, medical checks, biometric checks and fees up the wazoo!

 

I'm glad to hear that you are committed to this relationship and have the strength and determination to make it work!!

 

Best of luck to you and I know you two will have a good and happy life together!!!

Amy and I wish you well B)

[LeeFisher3]

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.

 

After a determination has been made by a VO to recommend denial, any attempt to withdraw the petion is not a an option. This could have been done prior to the interview but not now. It's just like closing the gate after the horse has left the barn, it is a futile act that accomplishs at best nothing.

[Guest pushbrk]

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.

 

After a determination has been made by a VO to recommend denial, any attempt to withdraw the petion is not a an option. This could have been done prior to the interview but not now. It's just like closing the gate after the horse has left the barn, it is a futile act that accomplishs at best nothing.

 

What is your recommendation for them, if they are considering marrying in China this October, Lee?

[SmilingAsia]

Read up on this link. It stresses the importance of not following through on the K1 after motion to deny. Do not just think is goes away and you can just marry and go CR1/K3.

 

http://www.ilw.com/articles/2006,0323-ellis.shtm

I have encouraged two persons to file a 2nd K1 petition cuz it's the fastest. Both of them got their K1 visas.

[SmilingAsia]

Looking at the case through almond eyes:

 

1.VO have no problem understanding communicative applicants, but they do have problems understanding less communicative people like your SO who is from landlocked Jiangxi province. This is the 3rd time I saw a genuine relationship was considered scam. The similarity of these cases is applicants have no idea what are their strengths and what are their weakness, they have all the documents but they were not able to clear up VO’s concerns.

 

2.You two met before you got divorced and your previous marriage records made VO assume that she scam a visa to reach the gold-pathed America! VO tried to figure out her motive so he asked about her ex. Her situation is quite different from a scam case but how can she know? (In some scam cases, the ex entered US illegally many years ago but the applicant was usually recently divorced. Your SO was divorced 14 years ago!)

 

3.When your SO pronounced "music" VO didn't understand so he had to get a Chinese staff to help. When your SO was talking about things VO didn’t understand, he was more suspicious.

People from inland China speak too fluent Chinese that she didn't realize Chinese is VO's hard-learnt 2nd language. Interesting observation: Guangzhou women who speak very poor mandarin all passed their interview in recent 2 years!

 

4.Confidence is very important. She wasn't able to clear it up firmly when asked why you didn't get married in China. She has no idea what visa processing is and she was at a loss so VO assumed that she told lies.

 

Your strengths: 1. Beautiful Income Tax Return, good educational and professional background. 2. She was divorced 14 years ago. 3. She is not bringing any kid to America. Your weakness: short time gap from previous marriage

 

I call what happened communication failure

[chilton747]

I really believe what Eunice has said is the real truth. She spoke with my SO and she came to this conclusion. I was under the assumption that the truth would be enough along with all the evidence. But a hard lesson has been learned here. I really believe that when the VOs see red flags they automatically think that fraud is highly possible. It is up to the SO at the interview to be capable of understanding that the VOs suspect this even though the SOs assumes that the truth along with all of the evidence is all they need. Bottom line is that we not prepared well enough to be able to handle such a situation. I hope this helps others understand more, too. I am totally indebted to Eunice and all of you dear people of CFL. Now I have the task of talking to many lawyers and deciding which one to use. You CFLers have given me names and I thank you very much for this. Anymore are appreciated also.

[jim_julian]

Eunice is a very good person .... as I said earlier in this thread. Trust her.

[chilton747]

Eunice is a very good person .... as I said earlier in this thread. Trust her.

Hi Jim,

 

No doubt she is a good person. I feel I can really trust her. She already has shed much light on my subject. It is easy to see that my fiancee and I are truthfully commited to one another. Eunice sees this, too. Eunice truly has a good heart and is involved in a business that truly wants to help others.

[chilton747]

747: I have been quietly watching this sickening drama unfold with little to add other than what has been said already by some knowledgable CFL people.

 

If you do have the option to go to China to live for 6 or 12 months, I think you should.

 

Live together with your SO and even have a ceremonial (not official) marriage in China for her family while you wait to be sure that the K1 visa is proclaimed officially dead by the US govt.

THEN, when it's time to file the K3 visa and you can show that you have lived together for several months and have been married for x months, they will be hard pressed to deny your visa for lack of a relationship!!!!!

 

Stick it to them if you have to and you can!!! It's total bull$hit that they barely care about 10+ million immigrants that are already here yet they scrutinize the hell out of one couple that have provided stacks of paperwork and forms, background checks, medical checks, biometric checks and fees up the wazoo!

 

I'm glad to hear that you are committed to this relationship and have the strength and determination to make it work!!

 

Best of luck to you and I know you two will have a good and happy life together!!!

Amy and I wish you well

Best advise yet............Prove beyond a shadow of a doubt........Now if I can just figure out a way to get my boss to understand this..........lol.......Any suggestions?