proper way to close out K1

[rlheim]

Charles look around here see if you can find any informational help.

 

http://www.law.cornell.edu/uscode/search/d...82----000-.html

[chilton747]

Charles look around here see if you can find any informational help.

 

http://www.law.cornell.edu/uscode/search/d...82----000-.html

Thanks Rick. Man that is a lot of reading. How is your case coming? Any news?

[chilton747]

If I am reading everything correctly, then I think I must proceed as follows: Contact lawyers as to their experience in recommendation of denials. Choose a lawyer accordingly. Have my lawyer contact the CSC ASAP. Answer all letters dealing with the NOID even after my marriage. Fight will all of my might to make them understand that they made the wrong judgement. Pray much. Read CFL daily and try to help others where I can.

Can anyone add to this?

[david_dawei]

edited out comments previously here...

 

 

Waiting on permission from Ellis to quote what he shared with me in email..

Edited September 26, 2006 by DavidZixuan (see edit history)

[david_dawei]

If I am reading everything correctly, then I think I must proceed as follows: Contact lawyers as to their experience in recommendation of denials. Choose a lawyer accordingly. Have my lawyer contact the CSC ASAP. Answer all letters dealing with the NOID even after my marriage. Fight will all of my might to make them understand that they made the wrong judgement. Pray much. Read CFL daily and try to help others where I can.

Can anyone add to this?

 

 

I think first decision is whether to try to hold it up in GUZ [by a lawyer in GUZ] and see if the K1 can be fixed, or not. (I still tend to think this is the best approach, however costly since it either works or it doesn't)

 

If not, or one finds out it cannot be stopped in it's revocation tracks... then decide if it's better to cancel it while still at the consulate or after it makes its way to USCIS (remember, it will make a stop at NVC to keep track of it).

 

Obviously the timing of the marriage should be sync'ed up with the timing of action like above. And all this timing needs to be directed/advised by a lawyer (or two)...

 

My thoughts could be like the Zen story of the guy's debating about the flag blowing in the wind or the wind blowing the flag.. and the master told them all, it was just their mind's blowing...

[Juette]

I just read that entire link and it is great information. It seems that the thing to do is for Chilton to respond to the NOID. This may be an opportunity to turn this thing around and get it back on track. Chilton, be sure to call your service center and get updates on when to expect the NOID. Also, to be safe, send a written request by certified mail to your service center, requesting a copy of the NOID. Apparantly, some of the service centers do not automatically send out the NOID rulings to the petitioner.

 

 

Obviously, they think Chilton or his SO have misrepresenting the facts on this. Chilton, do you have any clue as to what they feel you or your SO misrepresented? Has your SO been a potential visa beneficiary in the past?

 

Juette

Edited September 25, 2006 by Juette (see edit history)

[david_dawei]

Thanks, Lee. I couldn't remember who posted it. I rarely follow links that are posted, but for some reason I clicked on this at the time. It scared the hell out of me.

 

David, this would be a very good item for the FAQ.

 

when I did the new FAQ, I added in a section on revocation.. and have been reading Ellis's two articles and the DOS guidance on Revocations, etc... It's not for the faint of heart, that's for sure... I want to be careful about what I say since I don't want it to come off as legal advice or interpreting law. While I can simply quote links or show the DOS statement, it's just not easy to really understand all the implications, as Ellis's article points out.

 

I'll get those links in though...

 

Yes, the article is written by a lawyer, but he's writing in a tone to other lawyers (IMO), not necessarily to the "Do It Yourself" (DIY) community which CFL and VJ represent.

[chilton747]

If I am reading everything correctly, then I think I must proceed as follows: Contact lawyers as to their experience in recommendation of denials. Choose a lawyer accordingly. Have my lawyer contact the CSC ASAP. Answer all letters dealing with the NOID even after my marriage. Fight will all of my might to make them understand that they made the wrong judgement. Pray much. Read CFL daily and try to help others where I can.

Can anyone add to this?

 

 

I think first decision is whether to try to hold it up in GUZ [by a lawyer in GUZ] and see if the K1 can be fixed, or not. (I still tend to think this is the best approach, however costly since it either works or it doesn't)

 

If not, or one finds out it cannot be stopped in it's revocation tracks... then decide if it's better to cancel it while still at the consulate or after it makes its way to USCIS (remember, it will make a stop at NVC to keep track of it).

 

Obviously the timing of the marriage should be sync'ed up with the timing of action like above. And all this timing needs to be directed/advised by a lawyer (or two)...

 

My thoughts could be like the Zen story of the guy's debating about the flag blowing in the wind or the wind blowing the flag.. and the master told them all, it was just their mind's blowing...

 

Actually your thoughts are very valuable to me and many others. My fiancee and I together decided not to use an attorney in GZ. As you said, very costly and unpredictable results. Both my fiancee and I talked with 2 lawyers in GZ before we made our decision.

I have already contacted 2 attorneys this morning. I have given them the info for their review. Some might ask why I waited so long to do this. The answer is simple. I needed to be educated from the very knowledgeable people here at CFL first. This way I can make a good an informed decision as to my choice of lawyers. THANK YOU DAVID AND ALL CFLers. I would have never made even this far without you

[chilton747]

I just read that entire link and it is great information. It seems that the thing to do is for Chilton to respond to the NOID. This may be an opportunity to turn this thing around and get it back on track. Chilton, be sure to call your service center and get updates on when to expect the NOID. Also, to be safe, send a written request by certified mail to your service center, requesting a copy of the NOID. Apparantly, some of the service centers do not automatically send out the NOID rulings to the petitioner.

 

 

Obviously, they think Chilton or his SO have misrepresenting the facts on this. Chilton, do you have any clue as to what they feel you or your SO misrepresented? Has your SO been a potential visa beneficiary in the past?

 

Juette

 

Hi Juette,

 

My SO has never applied nor has anyone ever applied for her before. We have not misrepresented any facts that I am aware of. The only red flag that I can think of was the fact that my last of 5 marriages was final on March 18, 2006. The first 2 questions she was asked was " Is your ex husband in the USA?" and "Why did you not marry in China?" To me these are strange questions to ask. Her ex has never been out of China and my fiancee and I wanted to go the K1 route.

Yes the thing to do is to respond to the NOID. I will take your advice and write the CSC quickly. Do you or anyone have a sample letter that I could use to go by? thanks

[Juette]

Charles,

 

I do not have a sample letter, but I would think the less you say the better. I would keep it simple and just request that they send you a copy of the NOID as soon as it is available. It may be the five previous marriages that is making the VO nervous about your file, but personally, I feel that the previous marriages are irrelevant unless they involved you being married to immigrants.

 

We are all wishing you a succesful outcome.

 

Juette

[SmilingAsia]

Thanks, Lee. I couldn't remember who posted it. I rarely follow links that are posted, but for some reason I clicked on this at the time. It scared the hell out of me.

David, this would be a very good item for the FAQ.

My experience, Marc Ellis is good, very efficient.

[chilton747]

I have an attorney now working on my case. Everyone pleaseeeeeeeeeeeeeeeeeeee wish me luck!!!!!!!!!!!!!

[warpedbored]

I'm glad to hear you finally got council. Do you know for sure if the petition has been sent back to the USCIS or not yet? It is in your favor for it to stay in GZ as long as possible. I read the link and Don is right. It is very chilling. Even more chilling is the number of petitions that have been sent back to the USCIS in the last year or two on what we would concider shaky evidence. It is my opinion that GZ VOs are overstepping their bounds and abusing their power based on their own 9FM. It is not supposed to be easy for them to send back a petiton with recomendation to revoke. Further more it doesn't appear that they are providing the petitioners with adequate reasons as to why they are being denied. This may be something a congress person or senator could look into.

[chinalove]

I hope you and your girl will have a very happy ending on K1! Don't worry too much, just show them what you really got and want, those visa officers won't be too tough when they see your true will. Don't give up yet for your love.

 

By the way, what's the reason of denial at the first place?

Edited September 28, 2006 by chinalove (see edit history)

[chilton747]

I hope you and your girl will have a very happy ending on K1! Don't worry too much, just show them what you really got and want, those visa officers won't be too tough when they see your true will. Don't give up yet for your love.

 

By the way, what's the reason of denial at the first place?

 

Thank you very much. They gave us no reason. The paper said that they believe that we do not have a bona-fide relationship. Total HOGWASHHHHHHHHHHHHH!!!!!!!!! The VO asked her questions, my SO answered correctly then BAMMMMMMMM............They handed her the white paper and told her to leave.

I am not about to give up on my one true love. End of story