Email from King

[Pete Shaolan]

Mr. B******,

 

You faxed documents have been gone over by me.

 

 

I noticed the refusal and return decision was made on September 6 th. That almost certainly means the case file has been returned to the USCIS in the States. If that is the true situation, you will have to deal with the USCIS in the United States. The IV unit here in Guangzhou will not recall the case to Guangzhou.

 

 

What will happen in the U.S. and what can you do?

 

The system to deal with return cases is set up, so you will get a notice from DHS indicating whether it intends to revoke your petition or not. If it intends to revoke, it will give you notice and time to file rebuttal evidence. If USCIS decides NOT to revoke evidence and arguments, it will send the file back to Guangzhou for the IV unit to reconsider (this reconsideration by the IV unit is no automatic approval.)

 

 

 

If the USCIS finally decides to revoke your petition, you can appeal that decision to the courts.

 

 

 

Notwithstanding all of the above, you can now make a decision to do something else, to avoid those negative decisions, you can it just file another petition and avoid the times loss following that procedure. If you file another petition it will cost you another fee and will subject you to the same issues you now dealing with, but you might get through the procedure faster than dealing with the refusal and revocation process.

 

 

Peter Paget

[Shenzhen K-1]

Mr. B******,

 

You faxed documents have been gone over by me.

 

 

I noticed the refusal and return decision was made on September 6 th. That almost certainly means the case file has been returned to the USCIS in the States. If that is the true situation, you will have to deal with the USCIS in the United States. The IV unit here in Guangzhou will not recall the case to Guangzhou.

 

 

What will happen in the U.S. and what can you do?

 

The system to deal with return cases is set up, so you will get a notice from DHS indicating whether it intends to revoke your petition or not. If it intends to revoke, it will give you notice and time to file rebuttal evidence. If USCIS decides NOT to revoke evidence and arguments, it will send the file back to Guangzhou for the IV unit to reconsider (this reconsideration by the IV unit is no automatic approval.)

 

 

 

If the USCIS finally decides to revoke your petition, you can appeal that decision to the courts.

 

 

 

Notwithstanding all of the above, you can now make a decision to do something else, to avoid those negative decisions, you can it just file another petition and avoid the times loss following that procedure. If you file another petition it will cost you another fee and will subject you to the same issues you now dealing with, but you might get through the procedure faster than dealing with the refusal and revocation process.

 

 

Peter Paget

 

I am very sorry to see this letter and I hope it goes better for you. I am sure you have asked yourself many questions and had many thoughts about it? The one that drives me crazy is why approve all of this and send it to GZU to turn it around and do this to you??

 

I am not making light of the situation and am truly sorry for you, it makes no sense!

[chilton747]

In my experience, there is NO WAY the petition has already been sent back to the USCIS. They simply do not send it back that fast. What does happen is that it goes into "locked status" and no one, including lawyers, can get to it. Often GZ will sit on a petition for an extended amount of time just to see if the couple will break up. I have heard of others reapplying on another K1 or getting married and reapplying as well on a CR1 and being successful. But it really boils down to why you were denied in the first place. If there is no hard core evidence of fraud then by reapplying you will need to show a very STRONG evidence of the bona fides of the relationship. If you wish to PM me then I will give you the name of an attorney that is very versed in this and is not near as expensive as King.

Edited November 7, 2007 by chilton747 (see edit history)