Failed Overcome

[Pete Shaolan]

With so much recent good news having been posted here, I hate to be a downer and bring up a failed overcome. On Sept. 6th my SO and I picked up the response to the overcome evidence submitted 2 days earlier. Received the white slip that basically said we did not have a bona fide relationship even though I had included in the evidence the proof that I was present for the overcome. At the advice of the resident lawyer operating out of the main floor, I attended the American citizen services the following Monday. The VO was extremely cordial, understanding and even apologetic for the process. After explaining my situation and questioning if the VO thought this was a fraudulent marriage, he checked the case on his computer and said it was not the case. All he could find is it was not bona fide but he could not see any specific reason given. I can only speculate that the main reason if they be more than one is my SO had never made a concerted effort to learn English and therefore in the VO¡¯s mind, how could we have a true relationship if we cannot communicate. Well I decided that this VO¡¯s mind is not going to change by simply holding the case at the consulate so I am allowing the process to continue hoping that when the case is reviewed by a new set of eyes back at the USCIS they will question the lack of specificity of the decision. If the decision is not reversed, I still have the option of appealing. So that¡¯s where I stand. Three trips and $10,000 dollars later. I have not seen any discussion on this stage of the process so any advice or experience will be appreciated. Our names by the way are Guizhen(means precious) and Peter. Thanks.

[Guest Rob & Jin]

With so much recent good news having been posted here, I hate to be a downer and bring up a failed overcome. On Sept. 6th my SO and I picked up the response to the overcome evidence submitted 2 days earlier. Received the white slip that basically said we did not have a bona fide relationship even though I had included in the evidence the proof that I was present for the overcome. At the advice of the resident lawyer operating out of the main floor, I attended the American citizen services the following Monday. The VO was extremely cordial, understanding and even apologetic for the process. After explaining my situation and questioning if the VO thought this was a fraudulent marriage, he checked the case on his computer and said it was not the case. All he could find is it was not bona fide but he could not see any specific reason given. I can only speculate that the main reason if they be more than one is my SO had never made a concerted effort to learn English and therefore in the VO’s mind, how could we have a true relationship if we cannot communicate. Well I decided that this VO’s mind is not going to change by simply holding the case at the consulate so I am allowing the process to continue hoping that when the case is reviewed by a new set of eyes back at the USCIS they will question the lack of specificity of the decision. If the decision is not reversed, I still have the option of appealing. So that’s where I stand. Three trips and $10,000 dollars later. I have not seen any discussion on this stage of the process so any advice or experience will be appreciated. Our names by the way are Guizhen(means precious) and Peter. Thanks.

 

WOW I'm saddened and shocked to hear this, many get their visa with poor or no English speaking ability. Get a Lawyer in Guz fast, you need to get it held in GUZ not returned to US, it will take forever to get resolved if ever if it gets back here.

Others here can give you names of Lawyers and much more detailed advice, again really sorry to hear this, its all our nightmare to get this. Wish you luck

Rob

Edited October 28, 2007 by Rob & Jin (see edit history)

[jim_julian]

What Rob said.

[tywy_99]

The only advice I can give you is try contacting your congressman and/or the USCIS ombudsman for answers to your questions. You can at least see what kind of feedback you can attain and you are at least married, which is a plus.

 

Sorry for the mess

 

-good luck

 

 

http://www.dhs.gov/xabout/structure/editorial_0482.shtm

[C4Racer]

I agree with Rob. Keep your petition in GUZ or you could be looking at years instead of months. Also, now that you have a white slip, it is best to get yourself a lawyer. They will understand how best to navigate the white slip overcome with Guz.

 

Forget about the idea of someone in USCIS looking at it with different eyes. They may, but then it will go back to the consulate for another round. The consulate has the final say. Yes, they must backup this reason, but the statement they will give USCIS is not readily available to you and me. They can be very convincing. Your fight is best done with the consulate.

 

Sorry to hear about your problem. Good luck.

Edited October 28, 2007 by C4Racer (see edit history)

[Shenzhen K-1]

I agree with Rob. Keep your petition in GUZ or you could be looking at years instead of months. Also, now that you have a white slip, it is best to get yourself a lawyer. They will understand how best to navigate the white slip overcome with Guz.

 

Forget about the idea of someone in USCIS looking at it with different eyes. They may, but then it will go back to the consulate for another round. The consulate has the final say. Yes, they must backup this reason, but the statement they will give USCIS is not readily available to you and me. They can be very convincing. Your fight is best done with the consulate.

 

Sorry to hear about your problem. Good luck.

 

It will not help now but I got my local Senator invloved from the start. I am a 13 year Army veteran and our new local Senator said he would do anything he could to help vets. I had them call USCIS and they are going to call GZU for me, might not be much, but everything does add up to a pink I hope. If anything goes wrong I figure they will be quicjker to help and not need to explain so much because they have been with me the whole ride. You can not tell me a call from someone in there position does not help along the way!!

[LeeFisher3]

If you are still in China get a lawyer to fight to hold the case there and be able to resubmit overcome under their supervision. Don't get too concerned about the money they want, it will be cheaper to fight it now than later.

 

It will be much faster, cheaper and easier. Some cases have been in the return process for a year with no sign of them making it back.

 

Don't believe the consulate will try to give you a fair shake on this, you need to take action now before the window of opportunity closes.

[chilton747]

Looks like I have company Just so you will know, they do not always send the cases back. It has been 1 year and 2 months and GZ still has my case. So if you want to wait and hope they will send it back then you might want to think about that one twice. Good luck to you.

[Guest ShaQuaNew]

Hang in there and keep fighting. Non Bona fide relationships are not able to overcome because they are simply not bona fide. The proof is in the pudding. If you are there fighting, and have the evidence to prove the ongoing fight, you will win in the end. It's a mystery why some people are forced to endure this pain, but never give up. You will win.

[lostinblue]

http://candleforlove.com/forums/index.php?showtopic=26262

Your denial in the past was for income . This has been clearly taken care of? Maybe you are still fighting this problem without knowing it. One thing they are keen on is your ability to sustain an income level. This method has been done before .They do not desire to give a visa but have little grounds for not doing so. As stated before a lack of english has not killed a visa if you show you can communicate. I myself think it still may be sustainable income on your part.

[Guest hi5pro]

I am sorry to hear that. You will find some great suggestions here. It's just sad to see things like this.

 

Best wishes,

 

Gino & Lulu

[IllinoisDave]

Very sorry to hear about this. I hope you're able to catch it before it gets back to the US and can get it reversed. Good luck.

[Pete Shaolan]

Your denial in the past was for income . This has been clearly taken care of? Maybe you are still fighting this problem without knowing it.

 

It had been taken care of and I had not considered this to still be the problem as it was not mentioned in the white slip. You may be right as the VO could be using the nebulous and all encompassing phrase called "bona fide" to mask her doubts that otherwise could not be justified by the evidence made available to her.

[Shenzhen K-1]

Your denial in the past was for income . This has been clearly taken care of? Maybe you are still fighting this problem without knowing it.

 

It had been taken care of and I had not considered this to still be the problem as it was not mentioned in the white slip. You may be right as the VO could be using the nebulous and all encompassing phrase called "bona fide" to mask her doubts that otherwise could not be justified by the evidence made available to her.

 

Good Luck and just do not throw in the white towel!!

[Pete Shaolan]

Any suggestions for lawyers. The name of the lawyer I spoke to at the consulate was Peter Paget. What's the word on him?