START ALL OVER & Denial - Merged

[BrokenHeart]

The wife was denied for NOT A BONAFIED RELATIONSHIP.

Now I have to start from scratch again ??? Will the Consulate ask for the file back here in the USA ?? It has all the pertient docs in that file.

Does it make a difference if I have the same lawyer prepare all this stuff again ? They did a great job preparing the file with no discrepencies. They have all copies on file with them and know the case. I fulfilled all the docs they wanted hand written. Its the Consulate said better luck if we were married, for what reason I don't know.

Need some advice here.

[LeeFisher3]

Perhaps you could share a bit more information on what you are calling a denial. What paperwork did they provide? From what I have read you were given a blue slip asking for airline tickets and such. After you provided that what did you receive? .. and when?

 

There are a few different directions based on the answers to these questions.

 

One other question, have you discussed this with the lawyer who prepared the paperwork for you in the first place and what guidance did they offer concerning your situation?

[chilton747]

Perhaps you could share a bit more information on what you are calling a denial. What paperwork did they provide? From what I have read you were given a blue slip asking for airline tickets and such. After you provided that what did you receive? .. and when?

 

There are a few different directions based on the answers to these questions.

 

One other question, have you discussed this with the lawyer who prepared the paperwork for you in the first place and what guidance did they offer concerning your situation?

Lee it sounds to me like he got the white slip which states the NON BONAFIDE RELATIONSHIP as he has quoted. It sounds to me like his big question is about his lawyer.

[BrokenHeart]

10/12/06.............BLUE............. wanting plane tickets & hand written docs..................they got the explanation no tickets.

 

PINK..................hand written how we met, and every trip I went to China...................RECEIVED

Copy of passport ( not Notorized ) they received

 

White................NOT A BONAFIDE RELATIONSHIP......11/29/06

 

Done Deal..................................

[chilton747]

If you post your concerns all in the same post then this would make it easier to help you.

[scooby94]

10/12/06.............BLUE............. wanting plane tickets & hand written docs..................they got the explanation no tickets.

 

PINK..................hand written how we met, and every trip I went to China...................RECEIVED

Copy of passport ( not Notorized ) they received

 

White................NOT A BONAFIDE RELATIONSHIP......11/29/06

 

Done Deal..................................

Im sorry to hear this, hang in there, it will get better. There are lots of great postings here to guild you.

[tywy_99]

Did they give you a reason as to why your relationship is not bonafide?

[chilton747]

Did they give you a reason as to why your relationship is not bonafide?

If they gave him a bonafide reason then that would be a first

[BrokenHeart]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

[chilton747]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

[tywy_99]

The Consulate is unable to issue you an immigrant visa, according to the section of the INA, section 5A, you do not fulfill the requirements for the petitioned visa. The Consulate has determined, based on your testimony, documents and any other evidence, that you do not have a BONA FIDE RELATIONSHIP with your petitioner. The Consulate will now return your file to Homeland Security.

Same I received.

What is section 5A?

I'm not able to find it. I'm only familiar with sections of th INA like 212 and 245.

 

I'll keep looking. Inquiring minds want to know!

 

TIA

[BrokenHeart]

This must be some secret book they have to fill the quota of denials.

I have looked to and cannot find.

[tywy_99]

I'm feverishly looking through th INA for an inkling of it but to no avail. I'll keep trying though. I'm always up for a good challenge!

[dnoblett]

If it was a white slip denial and the case is still in Guangzhou you may want to get a lawyer that is in Guangzhou involved ASAP, you need to overcome the denial, refiling dose not work, when the new case reaches the consulate there is still the note of misrepresentation still on the original case that needs to be overcome.

 

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

[warpedbored]

As others have told you in the other thread, you need to do your utmost to keep the case in GZ. Don't screw around, move fast. Get a lawyer in GZ to try and keep the case there. Once the case leaves GZ it is much more difficult to overcome.

Good luck