Blue Slip="Overcome"?

[TootTaLu]

1)

I am a "disabled" American born citizen,receiving benefits and not working.

One of my parents has completed the "I-134" and supplied it to my fiance for "Evidence Of Support".My parent has a full time job,a paid for home,receives a Social Security check because is 69 years old,and has offered "Three years room and board" as a spicific contribution to my fiance.

Is this going to kill my fiance's chances of receiving the visa,because I don't have a job?

 

2)My fiance received packet #3 about March 06,and packet #4 sometime around September 06,anyway,the interview in GuangZhou was in October 06.

Fiance got the "BLUE" slip,it said the Police Cirtificates/Divorce Papers etc. had not been "Notarized" properly.

(We went to several Chinese government offices and obtained ALL of the papers,but NO CHINESE PERSON could give us information about how to "translate & notarize" everything.We even went to THE YUNNAN KUNMING TRANSLATION SOCIETY and got everything translated and stamped with the "Translation Society's" red seal,total price 70Yuan,but this was not proper.INSTRUCTIONS IN PACKET #3 ARE VAGUE AND DO NOT EXPLAIN HOW TO GET DOCUMENTS TRANSLATED AND NOTARIZED!!

Even searching THIS messageboard and Google searching revealed no information about translating and notarizing documents.)

In October we returned to our home in Yunnan Province and obtained the items listed on the back of the blue slip.

(We paid about 900Yuan and received a WHITE BOOK,combined ALL of the documents,Police/Divorce certificates,and even passport type photos in the white book,and official government seal)

We telephoned the consulate,using the 54Yuan pin number,and informed them we were prepared to hand over the documents listed on the back of the blue slip,and they gave us appointment date to come in December 06.

We went to Guangzhou and gave everything to them,and my fiance's passport ,AND MY PASSPORT,and were told to return two days later.

Two days later we went to the consulate and my fiance was given her 2nd "BLUE" slip.

On the back it read:

"Your case needs more processing.IF YOU DONT HEAR FROM US IN 3 MONTHS,PLEASE CONTACT OUR OFFICE".

 

From my calculations,if we dont hear from Guangzhou by March 07,we will call them and tell them about it.

 

Please tell me,what is all this BS?

I expect in March or April 07,my fiance will be asked to come to Guangzhou for another apointment,and possibly receive her visa?

 

Will she be notified by mail if the decide to REFUSE her visa,or will she have to appear in person in Guangzhou to receive that kind of bad news?

 

 

I met my fiance in China,not on the internet.

I have traveled to China twice after my first meeting with her.

I arrived in China in late 05,almost 1.5 YEARS LIVING TOGETHER,and I have remained here together with my fiance since,only making very short trips over the border to Macau,Laos and Thailand,in order to buy NEW China visa every three months or so.

 

My clothes are THREADBARE!

I am not complaining about the money,because at least I know how to live in cheap Chinese hotels,but I am becoming weary washing my threadbare clothes in the bathroom of my hotel room.

 

My fiance is beside herself and does not believe she will EVER have a USA Visa.

 

This has put TREMENDOUS strain on our relationship.

Only this visa process,and my fiance's grief has caused this strain on our relationship.

 

My fiance has not had a job since meeting me.

My fiance speaks good English,self taught,not school English,but my fiance has no problem holding a conversation in English,even on the telephone.

She studied English herself with books and cassettes and speaks very good English.

 

I think I have plenty of proof of this being a "genuine" relationship.

 

I only worry that my parent's sponsoring my fiance,and my being unemployed/disabled will not be up to the smell test.

 

What does "Overcome" mean?

When we got our 1st blue slip,then provided everything listed on the back,was that an "Overcome"?

 

Our 2nd blue slip has requested nothing,only saying "the case needs more processing",are we now having an "Overcome"?

[shaffej7070]

Sorry about the news. Did your parents act as co-sponsors on the I-134? You stated that one of your parents completed the form and supplied it to your SO. "Overcome" means after receiving blue slip at interview, you gather required evidence and submit them to "overcome" original decision. Good Luck!

[TootTaLu]

Sorry about the news. Did your parents act as co-sponsors on the I-134? You stated that one of your parents completed the form and supplied it to your SO. "Overcome" means after receiving blue slip at interview, you gather required evidence and submit them to "overcome" original decision. Good Luck!

 

Yes,only my parent filled out and notarized,in America,the support form.

It was mailed to me here in China and my fiance gave it to the consulate December 06.

 

The original interview ,October 06,the guy looked at ALL the documents,including my parent's support form,but told us to keep all that stuff until we obtain all the proper the "translate/notarize" documents,listed on the back of the 1st blue slip.

 

The guy said nothing about the other papers in the pack,but he did have conversation with my fiance about the photos,where were they taken,when,etc.

He asked my fiance if I was working and she told him "no,because he is here in China waiting together with me for my USA Visa".

 

If there was a problem with my parent's support form,that should have been listed on the back of the (first) blue slip.

It was not listed.

 

In December 06 we gave them EVERYTHING listed on the back of the 1st blue slip,and the 2nd,most recent blue slip only says "your case needs more processing",and does not request we bring anymore stuff.

 

I did not fill out any I-134 Support form because I did not meet the poverty guidelines.

 

Should I NOW fill out a support form (where can I get THAT notarized while I am here in China?) and have my fiance submit it next time we go to Guangzhou?

 

I dont have a job,and I have been in China nearly 18 months and not working.

 

Will we go to Guangzhou again,or will they just refuse her visa by writing a letter?

[LGR_WEI]

The building you have to go get the notarized papers is called a Records building.

 

the pin yin is gong1 zheng4 chu4

 

 

>L

[TootTaLu]

The building you have to go get the notarized papers is called a Records building.

 

the pin yin is gong1 zheng4 chu4

 

 

>L

 

Yes,we have obtained ALL of the "translate/notarize" documents and submitted them in December 2006.

 

Our most recent blue slip only states "your case needs more processing",but it does not list any more items to submit for "overcome".

Just sitting here and waiting for Guangzhou to contact us again.

[rlheim]

sorry to hear about your troubles. It may be a long wait. She should go to work, and this will help take off some stress.

[david_dawei]

When you turned in the requested paperwork, this was 'overcome evidence'.

 

The second slip is notice of administrative review or administrative processing.. either way, they are not asking for anything more from you; they're basically saying, "don't call us, we'll call you"..

 

I would guess that since the certificates were not valid at their submission, they now want time to review them and the case (??).

 

Here's one link on admin review...

http://www.usaimmigrationattorney.com/Secu...tiveReview.html

[SirLancelot]

I did not fill out any I-134 Support form because I did not meet the poverty guidelines.

 

I dont have a job,and I have been in China nearly 18 months and not working.

 

 

 

 

This is very interesting. You did not fill out a I-134? They accepted your parent's I-134 but never asked for yours?

 

I was told repeatedly on here and VJ that if I-134s are requested that the petitioner must provide one and any co-sponsor may also supply one but the the petitioner always has to supply an I-134 if any is asked.

 

Your experience seems to refute that general guideline.

 

Commenting specifically on your case, I think it will be tough for your SO to get the K-1 visa.

 

I'm not trying to rain on your parade. I hope you ultimately prevail and the K-1 visa is granted to your SO but your situation is not good.

 

You disclosed that you're disabled and on benefits. I sounds like this is a life long disability. You have not been working. Your SO has not been working. While your parents have filled out a I-134 for you, GUZ knows very well that that I-134 is not legally binding. If GUZ believes that you are incapable of working in the future and obtaining income to support your future wife, then I believe they will ultimately recommend revocation. That is the worst that can happen.

 

Hope for the best, but prepare for the worst. Ultimately, the US government doesn't prohibit you from marrying your SO. All they can do is prohibit her from receiving immigration benefits. You can marry your SO and live in China. Given your disability benefits, you can probably live a better life in China than the US. $10,000 USD doesn't go very far in the US, but 75,000 RMB goes a long way in countryside China.

 

Good luck. Again, I'm not trying to rain on your parade. I hope it works out for you, but I do want to give you a realistic assessment of your situation. Simply saying "good luck" and that you'll eventually pass may sooth your worries now but it may give you false hope. I'd rather you have a more realistic understanding of your plight.

 

Best wishes.

[TootTaLu]

I did not fill out any I-134 Support form because I did not meet the poverty guidelines.

 

I dont have a job,and I have been in China nearly 18 months and not working.

 

 

 

 

This is very interesting. You did not fill out a I-134? They accepted your parent's I-134 but never asked for yours?

 

I was told repeatedly on here and VJ that if I-134s are requested that the petitioner must provide one and any co-sponsor may also supply one but the the petitioner always has to supply an I-134 if any is asked.

 

Your experience seems to refute that general guideline.

 

Commenting specifically on your case, I think it will be tough for your SO to get the K-1 visa.

 

I'm not trying to rain on your parade. I hope you ultimately prevail and the K-1 visa is granted to your SO but your situation is not good.

 

You disclosed that you're disabled and on benefits. I sounds like this is a life long disability. You have not been working. Your SO has not been working. While your parents have filled out a I-134 for you, GUZ knows very well that that I-134 is not legally binding. If GUZ believes that you are incapable of working in the future and obtaining income to support your future wife, then I believe they will ultimately recommend revocation. That is the worst that can happen.

 

Hope for the best, but prepare for the worst. Ultimately, the US government doesn't prohibit you from marrying your SO. All they can do is prohibit her from receiving immigration benefits. You can marry your SO and live in China. Given your disability benefits, you can probably live a better life in China than the US. $10,000 USD doesn't go very far in the US, but 75,000 RMB goes a long way in countryside China.

 

Good luck. Again, I'm not trying to rain on your parade. I hope it works out for you, but I do want to give you a realistic assessment of your situation. Simply saying "good luck" and that you'll eventually pass may sooth your worries now but it may give you false hope. I'd rather you have a more realistic understanding of your plight.

 

Best wishes.

 

I would be able to find sutible work in America,but trying to obtain a fiance visa is a FULL TIME JOB.

The benefits I receive are barely enough to survive in China.

Its not that much money monthly.

 

I ASSUME that if we are rejected because I am unemployed,and that only my parent has filled out the I-134,that we would be given the opportunity to post some kind of CASH BOND before they make their final decision to REFUSE to issue the visa.

 

I have been together with my fiance for nearly three years.

I was told that "fiance visa" process would be about one year,but its taking much longer,and its taking its toll on our relationship.

 

I have been coming to China for six years,but staying in China for more than 5 or 6 months at a time is just too much for me.

I dont have any problems with communicating or traveling around,but I just cant take the noise and lack of privacy,or the hazardous road conditions.

I want to be married to this Chinese person,and I planned to have a life that includes living in China for long periods of time every year,but I am not interested in making my permenant home here.China sucks.

 

My fiance could get a part time job flipping burgers at McDonalds in America and have a brighter future,with money to contribute to her family in China,than she would working any job in China.

 

I dont preach to my fiance "Oh,its better in America than it is here in China",but the fact of the matter is that America is better.

 

My fiance is from a rural family,but she is college educated ,speaks english very well,has a wonderful personality,very likeable,is independent,and has operated her own guesthouse,so I am convinced that,once in America,she will have no problem finding success in anything she sets out to do.

 

My advice,GET MARRIED FIRST,then when you go up against the US Government,you can say "THIS IS MY WIFE",rather than groveling on your hands and knees before the US Government for a "girlfriend" visa.

If I had it to do all over,I would rather get married and wait for the "spouse visa".

 

If we got married,as we wanted to and prepared for nearly two years ago,then I would not feel such a need to "be together" with my spouse while waiting for the process.

 

I could have gone home to America long ago and began preparing all the required stuff,and gotten myself some kind of job to support my spouse,but now we are in too deep and I will not be able to return to my home until Guangzhou makes a FINAL decision.

 

Staying together in China with my fiance has only hurt our chances of getting the visa,not to mention depleting my savings.

I never expected I would have to stay here for 18 months,or more!

[SirLancelot]

 

I would be able to find sutible work in America,but trying to obtain a fiance visa is a FULL TIME JOB.

The benefits I receive are barely enough to survive in China.

Its not that much money monthly.

 

Ok, that sounds like you're not permanently disabled. That's a positive thing. I think it's critical you convey to GUZ that you will be able to find a suitable job in the US when you return.

 

Best wishes in getting the outcome you desire from GUZ.

[TootTaLu]

 

I would be able to find sutible work in America,but trying to obtain a fiance visa is a FULL TIME JOB.

The benefits I receive are barely enough to survive in China.

Its not that much money monthly.

 

Ok, that sounds like you're not permanently disabled. That's a positive thing. I think it's critical you convey to GUZ that you will be able to find a suitable job in the US when you return.

 

Best wishes in getting the outcome you desire from GUZ.

 

OK.

One thing I AM thinking about is that sooner or later,with or without my fiance,I will have to return to my home in America.

 

If my fiance is refused her visa in the next couple of months,or given another blue slip,I expect I will be returning to America at that time.

 

If my fiance is flat out refused the visa,will we have to start the whole process over from the begining again,or is there some kind of appeal we will be given the opportunity to make HERE IN CHINA?

Hire an attorney?

Post a cash bond?

 

If we get another "blue slip",then I will definately take that as a time buying opportunity (but my fiance will be devistated) to return to America and try to do something from there to improve this situation.

 

What is the best thing I could do upon my arrival to America,OTHER THAN getting a job,to improve this situation?

Round up additional sponsors/I-134?

Hire an attorney?

Claim a "hardship"?

 

Who do I make these kinds of claims to while I am in America?

 

Remember,we have not been refused the visa yet,and I do believe my parent's sponsoring with I-134 SHOULD be enough,acording to the "Evidence Of Support" requirements explained in Packet #3,but I do admit that my personal financial situation would be just the thing to ruin everything.

 

IF I do go to America and quickly find a job,and maybe another family member to offer up an additional I-134 (keep dreaming),if I actually do something ,IN AMERICA,to improve my ability to sponsor and support my fiance,how on earth would I be able to demonstrate this to the US Consulate in Guangzhou on such short notice?

Is there somewhere in America for me to provide these kinds of additional evidence of support,and/or appeals?

[Yuanyang]

Getting married does not guarantee a visa to anyone.

[david_dawei]

If there are any financial concerns by the consulate, it will be on the blue slip as request for another sponsor or proof of something. You are talking alot about financial issues, but I don't recall you saying it was on the blue slip ???

 

You can go back to the US and find work, and prepare proof of that income.. you could submit that as part of your case...

 

They will continue to issue blue slips till the evidence satisfies them... probably after 4, it could be 'recommended for revocation', which means it is going to go back to the USCIS state-side to review the findings... if USCIS agrees, then there is a chance for rebuttal.

 

Once you get notice of revocation, you can hire a lawyer in Guangzhou to hold the case and rebutt at that time; this is more favorable than waiting 6-12 months for USCIS to review it.

[TootTaLu]

Getting married does not guarantee a visa to anyone.

 

That is true,BUT,If I had married my fiance a year or two ago,then our relationship would be in a different place today.

 

If we were married,and waiting for a "wife" visa,then I would have NEVER spent the last 18 months rotting away in Chinese hotel rooms.

I would have a 6 month or 1 year Chinese visa,and would have been able to start some kind of "Backpacker Guesthouse",or some such LEGITIMATE business ,together with my WIFE,something that is not possible to with a "girlfriend" here in China.

 

I would have spent more of the past 18 months in America,doing the necessary things to properly sponsor my wife.

 

If this visa is flat out refused,then my girlfriend has been put through a difficult and unfair ordeal.

 

Applying for this "fiance visa" is something we have done together,but lets be real here,the Chinese person is the one who has the most to loose.

 

If our relationship ends because of this,its easy for me,the American,to walk away and put my life back in order,but its just not that easy for the Chinese person.

It has been my experience dealing with the American government that I should be patient and keep my mouth closed,and eventually they come around and give me my day.

I see these setbacks as just "hurdles" to get over,but its quite a different thing for the Chinese person to "press on".

 

When we received our 1st blue slip,with explicit instructions about what to do to "overcome",my fiance believed this was some kind of FAILURE,and that her visa was DOOMED.

Chinese people have a much different experience in dealing with their own government,and they just dont understand the American process.

I cant expect her to just marry me and wait around another 2 years to MAYBE get a visa.

Its just not fair for me to expect this from her.

[TootTaLu]

If there are any financial concerns by the consulate, it will be on the blue slip as request for another sponsor or proof of something. You are talking alot about financial issues, but I don't recall you saying it was on the blue slip ???

 

You can go back to the US and find work, and prepare proof of that income.. you could submit that as part of your case...

 

They will continue to issue blue slips till the evidence satisfies them... probably after 4, it could be 'recommended for revocation', which means it is going to go back to the USCIS state-side to review the findings... if USCIS agrees, then there is a chance for rebuttal.

 

Once you get notice of revocation, you can hire a lawyer in Guangzhou to hold the case and rebutt at that time; this is more favorable than waiting 6-12 months for USCIS to review it.

 

There were no financial issues mentioned on any blue slips.

We have only received two so far:

 

*Blue Slip #1,We improperly "Translated/Notarized" some Chinese documents,but we corrected that and gave them the new documents.

 

*Blue Slip #2,Only said "Your case needs more processing,please wait..."

 

I would be tickled pink (no pun intended) if the blue slips just keep flowing in our direction!This would buy time,although my fiance will not see it that way,but its better than getting rejected.

 

"Notice Of Revocation"?

Must we be present in Guangzhou to receive "Notice Of Revocation",or will they do that by sending a letter?