Denied

[MikeXiao]

My wife went with her son for his interview. I had to stay in the US, we had just purchased a home, and the closing wasn't until she had been gone for a month. They told her, that his papers were great. But then started to ask about us. Did she have the mortgage papers with both names, NO. Did have utility bills with both names, NO, heck I still haven't received the first utility bill yet. Did she have a cridit card?, NO. Better, she had the banks check card, but not good enough. Did she have bank statements with her name? NO.

The end result? No, visa. We need to prove our marriage is legit. We have been married for 2 1/2 years.

If the paperwork for her son is good, why do we need to prove our marriage again? I tried to think of everything before she went back to China. I did not, in my wildest dreams, think that they would question our marriage.

She told me that just about everyone who went for their interview in the AM on August 28, was rejected. They all came out saying the same thing, "I did not know that they would want these papers. Had we known, we would have had them."

So now she will return to the US. Her name has been added or confirmed on the utility bills, she will have credit cards in her name and we already had her name on the deed and insurance for the home.

Is GZ playing games? We saw a similar trait from them when she went for her interview in March of 05. Everyone being approved on odd number days, everyone being rejected on even number days.

[PapaBear]

Mike and Xiao....my heart really goes out to ya.

 

I remember you situation in March 2005. They're really putting you guys through the ringer. It's just not right! So your wife's son was denied a K-4? We're really sorry to hear that. We brought my wife's daughter over some 6 months after my wife came over on her K-3.....knowing the full while that we would have to return her to China before her 21st birthday (she was 20 years old before the K-4 was issued).

 

Hope you can find a way to overcome for the son.....but more importantly, for the two of your's futures (AOS).

 

PapaBear B)

[frank1538]

I'm going to guess that it's rare that the mother would be approved for a visa (CR-1?) and then not approve the son (CR-2?). Presumably, the VO's action was not a denial per se but rather one that will allow you to provide the documentation necessary to convince them that the marriage is bona fide.

 

I was having a similar discussion with another member on the possibility that a K-2 child might not get adjusted despite the fact that the parent had already received a green card. I would have bet my bottom dollar that this wouldn't happen, and I find your situation equally troubling. Best of luck.

[cosmiclobster]

Some of the crap they come up with is unbelievable!!

After 2 1/2 years they want you to verify the validity of your marriage?!? WTF!!!

 

The good news is that you can easily provide the overcome evidence but the whole situation is just stupid!!

[LeeFisher3]

Makes you want to shake your fist in their face and ask them what the F$%K they think they are doing. But we both know that won't get the visa. So get the overcome stuff delivered and get the visa.

[chilton747]

My wife went with her son for his interview. I had to stay in the US, we had just purchased a home, and the closing wasn't until she had been gone for a month. They told her, that his papers were great. But then started to ask about us. Did she have the mortgage papers with both names, NO. Did have utility bills with both names, NO, heck I still haven't received the first utility bill yet. Did she have a cridit card?, NO. Better, she had the banks check card, but not good enough. Did she have bank statements with her name? NO.

The end result? No, visa. We need to prove our marriage is legit. We have been married for 2 1/2 years.

If the paperwork for her son is good, why do we need to prove our marriage again? I tried to think of everything before she went back to China. I did not, in my wildest dreams, think that they would question our marriage.

She told me that just about everyone who went for their interview in the AM on August 28, was rejected. They all came out saying the same thing, "I did not know that they would want these papers. Had we known, we would have had them."

So now she will return to the US. Her name has been added or confirmed on the utility bills, she will have credit cards in her name and we already had her name on the deed and insurance for the home.

Is GZ playing games? We saw a similar trait from them when she went for her interview in March of 05. Everyone being approved on odd number days, everyone being rejected on even number days.

 

MY SO's visa was denied that same morning. My congressman is looking into this matter. When I hear from him I will let you know.

[esun41]

Being a man that has been through the overcome process, I can tell you my feelings on this. The process does not have feelings or a heart OR any "GIVE-A-SHITS"

 

The minute I figured this out was the minute I knew we would be successful in our overcome.

 

Your file is just a file on someone's desk. It does not have a face or memories attached. (so to speak)

 

It reminds me of visits to the DMV in California.... NEXT IN LINE!

 

Compile all the evidence asked for. Make arrangements for overcome process. Say yes sir/m'aam in all you do. Smile and gargle lots of mouthwash and eat rolaids.

 

You are being challenged for a purpose and it really doesn't matter to the officials how you feel about it, just overcome this obstacle.

 

Good Luck... all will be right soon!

[SmilingAsia]

Being married for 2 and a half years, logically there should be something with joint name, for example, you'd make her beneficiary if you buy any insurance.

I never hear anyone use joint name on utility bills - it's your SO's reaction to the question that matters. When all the answers are negative, if the expression on her face seemed distant when talking about you, she tended to have trouble.

[Guest ShaQuaNew]

The bureaucratic nightmare associated with the visa process is never-ending. It's not for the faint-of-heart or the too fleet of foot. It's extremely important to examine all your steps and perform a preliminary walk-through before you take a step. Look at all scenarios and possibilities. This is especially true if your Chinese partner has a child that you may want to bring later. Visas are handed out sparingly, and if you give the US government any reason to deny or delay, then unfortunately they often will do so.

 

If your partner has a child and you quickly decide to marry in China, make sure you file the appropriate paperwork that will enable the child to come to the US at the same time you file your immigrant marital paperwork. If you don't, it may be near impossible to bring the child at a later time.

 

The same goes for those filing a K-visa. If there is a child under age 16 involved, make sure you include them in the filing of initial paperwork. Your partner may not be interested in bringing a child with them at the time, but may later change their mind. Make real sure before you exclude a child from your paperwork that your Chinese partner clearly understands that if you don't work to include them at first filing, that it will be most difficult or impossible to include them later.

[fewmgf]

Makes you wonder if some of these VO's don't just wake up on the wrong side of the bed and take it out on the fiancee's

[gman2531]

Sorry to hear of your problem. It sounds like a very easy case for overcome but just to have to go through it is maddening. I'm surprised there are so many of us that don't have any problems obtaining Visas. From reading many other posts there seems a pattern of blue slips being handed out in the morning. My wife said that 95% of the women ahead of her had blue slips but she started the trend of pinks around 11:30. However, I don't know about the even and odd day thing. We were an odd day and got pink. Good Luck!

[NewDay2006]

Sorry to hear your problems. Very unfortunate.

 

As a CR1, how would I prevent this from happening to my Wife on interveiw day?

We won't have anything joint when she goes to Guz.

[gman2531]

Sorry to hear your problems. Very unfortunate.

 

As a CR1, how would I prevent this from happening to my Wife on interveiw day?

We won't have anything joint when she goes to Guz.

 

 

 

 

At that point in time in the scheme of things you wouldn't be expected to or required to show that type of evidence. Hopefully you are aware of the evidence that you should bring with you to the interview....Good Luck!

[pkfops]

Maybe you should run the story by someone in the

Chinese news media.

[david_dawei]

Sorry to hear your problems. Very unfortunate.

 

As a CR1, how would I prevent this from happening to my Wife on interveiw day?

We won't have anything joint when she goes to Guz.

 

 

 

 

At that point in time in the scheme of things you wouldn't be expected to or required to show that type of evidence. Hopefully you are aware of the evidence that you should bring with you to the interview....Good Luck!

 

 

It's disheartening to hear of the denial, considering the history of what was endured so far.

 

We still have to try and understand visa issuance from the consulates point of view, however much we disagree at times.

 

This comment from gman is right on... one MUST understand where they are in the process and what expectations come with that position... and this answers NewDays question.

 

As for Mike's situation, the consulate will evaluate the validity of the relationship in determining whether to issue the child's visa.

 

Here is part of a quote that frank posted [from a consulate response to a question] in another thread which I see as parallel to this situation... The mother is in the US and the child awaiting a visa to be issued...

 

However, in order for your child to qualify as your spouse's stepchild, the consular officer must be convinced that your marriage is legitimate for immigration purposes.

 

The most direct way for the consular officer to know that the marriage is bona fide is for U.S. Citizenship and Immigration Services of the Department of Homeland Security to have adjusted your status to that of legal permanent resident.

 

If you are not yet a legal permanent resident, the consular officer may require alternative evidence (e.g., joint rental agreements, bank statements, phone bills, photographs, etc.).

 

Based on this, what was asked for is exactly what should be expected...

 

I agree that this should be easily overcome..

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