Make an appeal or start over?

[larsenea]

I am currently waiting to here from USCIS about our 2nd K1 denial. I am looking for anyone who has had to go this far.

 

Assuming they let me make an appeal, is it worth spending $600. We are considering just getting married and filing for a K3.

 

Looking for any info or advice.

[chilton747]

Can you give us details about the first denial?

[Shenzhen K-1]

I am currently waiting to here from USCIS about our 2nd K1 denial. I am looking for anyone who has had to go this far.

 

Assuming they let me make an appeal, is it worth spending $600. We are considering just getting married and filing for a K3.

 

Looking for any info or advice.

 

Need some details to help???????

[LeeFisher3]

I am currently waiting to here from USCIS about our 2nd K1 denial. I am looking for anyone who has had to go this far.

 

Assuming they let me make an appeal, is it worth spending $600. We are considering just getting married and filing for a K3.

 

Looking for any info or advice.

There are 2 things people call denials, the first is issued on blue paper and either requests more evidence or states they need more time for further processing. These are normally fairly easy to overcome with a bit of diligence.

 

The second is issued on white paper which is a Notice of Intent to Deny(NOID). This one can be a real pain, but it is possible within the first week or two for you to have an attorney in China recommend to the head of the visa unit to reconsider and allow you to be able to present evidence to overcome the decision. Once this limited window is missed the petition is on a very slow boat from China, pun intended. Some people have waited over a year for the petition to be returned to the US for you to have an opportunity to have the decision overturned and returned to China for processing.

 

As others have said, more information is needed to assist you in your options.

[larsenea]

The first denial was a request for more documents from me and the catch all "not a bona fide relationship"

 

We rescheduled and brought the documents(more tax records and statements)

 

We waited 2 days for a response and got a white slip for our efforts. They are sending our petition back to USCIS for possible revocation.

 

Filing an appeal cost more than filing for a visa and I wonder if it will do any good. It will just go back to the same guy who denied 2 times already.

 

We got some bad advice while in guangzhou that probably did not help matters.

 

 

 

 

 

 

 

 

 

 

I am currently waiting to here from USCIS about our 2nd K1 denial. I am looking for anyone who has had to go this far.

 

Assuming they let me make an appeal, is it worth spending $600. We are considering just getting married and filing for a K3.

 

Looking for any info or advice.

There are 2 things people call denials, the first is issued on blue paper and either requests more evidence or states they need more time for further processing. These are normally fairly easy to overcome with a bit of diligence.

 

The second is issued on white paper which is a Notice of Intent to Deny(NOID). This one can be a real pain, but it is possible within the first week or two for you to have an attorney in China recommend to the head of the visa unit to reconsider and allow you to be able to present evidence to overcome the decision. Once this limited window is missed the petition is on a very slow boat from China, pun intended. Some people have waited over a year for the petition to be returned to the US for you to have an opportunity to have the decision overturned and returned to China for processing.

 

As others have said, more information is needed to assist you in your options.

[BrokenHeart]

I went through the same thing with my wife. She was denied "not a bonifide relationship. That is still at the State Dept. being reviewed, over a year of the denial. She was my finacee then.

We got married in HK 2/2007 and we finally got all the ducks in a row and I mailed in all new paperwork 2 weeks ago.(I-130)

[chilton747]

You can see from my timeline that I got the white as well. The white STILL sits at GZ. I am sorry that this as happened to you. You will get a variety of opinions here. Myself, I chose to marry. It is what my wife and I wanted I wanted in the first place. We have been apart now 3 years and will probably be apart another year but we are ok with this. The only advice I can give is talk with your fiancee and between the two of you decide what you want. To fight this recent decision by the VO will cost you a lot of money if you choose to act quickly. You will see when others advise you to do this.

Good luck to you and your fiancee.

[Dennis143]

I am currently waiting to here from USCIS about our 2nd K1 denial. I am looking for anyone who has had to go this far.

 

Assuming they let me make an appeal, is it worth spending $600. We are considering just getting married and filing for a K3.

 

Looking for any info or advice.

Your post question asks if you should appeal or start over. Would you consider starting over with someone else? If yes, do you know the core reason for the denial, so that you wouldn't run the risk of it happening again?

[chilton747]

I am currently waiting to here from USCIS about our 2nd K1 denial. I am looking for anyone who has had to go this far.

 

Assuming they let me make an appeal, is it worth spending $600. We are considering just getting married and filing for a K3.

 

Looking for any info or advice.

Your post question asks if you should appeal or start over. Would you consider starting over with someone else? If yes, do you know the core reason for the denial, so that you wouldn't run the risk of it happening again?

I think he means start over by getting married to the same woman. Some of us will never know why we were denied because they do not put out this info. Only a certain select lawyers are privileged to this info and that is not fair but it is what we are dealt. Myself, I just concentrate on my marriage with my wife and let whatever happens happen. I know my relationship is indeed bona fide. I don't need some uniformed VO to tell me what my relationship is.

Will the OP ever find out the cause for the white? Probably not if he is asking if the appeal is wort $600.00. A lawyer will cost much more than this and he still might not find out the exact reason for the denial.

We can al speculate and guess as to why. The "real" reason will remain a mystery.

[NewDay2006]

You can see from my timeline that I got the white as well. The white STILL sits at GZ. I am sorry that this as happened to you. You will get a variety of opinions here. Myself, I chose to marry. It is what my wife and I wanted I wanted in the first place. We have been apart now 3 years and will probably be apart another year but we are ok with this. The only advice I can give is talk with your fiancee and between the two of you decide what you want. To fight this recent decision by the VO will cost you a lot of money if you choose to act quickly. You will see when others advise you to do this.

Good luck to you and your fiancee.

Charles, I know this is a difficult situation four you and your wife, but I commend you... you are very positive in this. I know you will, but I will say it anyway, Stay Strong!! To the orginal poster, hang in there. I don't have an answer one way of the other... but I wish you the best.

[chilton747]

You can see from my timeline that I got the white as well. The white STILL sits at GZ. I am sorry that this as happened to you. You will get a variety of opinions here. Myself, I chose to marry. It is what my wife and I wanted I wanted in the first place. We have been apart now 3 years and will probably be apart another year but we are ok with this. The only advice I can give is talk with your fiancee and between the two of you decide what you want. To fight this recent decision by the VO will cost you a lot of money if you choose to act quickly. You will see when others advise you to do this.

Good luck to you and your fiancee.

Charles, I know this is a difficult situation four you and your wife, but I commend you... you are very positive in this. I know you will, but I will say it anyway, Stay Strong!! To the orginal poster, hang in there. I don't have an answer one way of the other... but I wish you the best.

 

 

Charles, a great source of my strength comes from you my brother. We are in this together and thanks to Candle we have met. I too wish the OP the best. We are all in a difficult circumstance but each and everyone of us will get through to victory!!!!!!

[shyaushu]

I, for one, would like to see Charles' "time line". There may be a germ in it as to why the application was rejected. It also might help others of us see the kinds of things that precipitate these kinds of rejections.

 

 

You can see from my timeline that I got the white as well. The white STILL sits at GZ. I am sorry that this as happened to you. You will get a variety of opinions here. Myself, I chose to marry. It is what my wife and I wanted I wanted in the first place. We have been apart now 3 years and will probably be apart another year but we are ok with this. The only advice I can give is talk with your fiancee and between the two of you decide what you want. To fight this recent decision by the VO will cost you a lot of money if you choose to act quickly. You will see when others advise you to do this.

Good luck to you and your fiancee.

Charles, I know this is a difficult situation four you and your wife, but I commend you... you are very positive in this. I know you will, but I will say it anyway, Stay Strong!! To the orginal poster, hang in there. I don't have an answer one way of the other... but I wish you the best.

 

 

Charles, a great source of my strength comes from you my brother. We are in this together and thanks to Candle we have met. I too wish the OP the best. We are all in a difficult circumstance but each and everyone of us will get through to victory!!!!!!

[larsenea]

What bothers me is not knowing why we are denied. They are basicaly calling us liars.

 

We considered getting married while i was in guangzhou but, I decided it was to rushed and would only make things worse. I based this decision on my feeling that they do not like how we met. I met Guijuan while visiting china. I did not plan meeting her. We had only the three days I spent with her family as history before I decided to pursue filing. I knew it could take a year and I could always change my mind. I saw no reason to wait.

 

Now I am getting the picture that I may not here back from USCIS about an appeal for possibly a year or more.

 

Will it make things worse if we get married and file for a K3? Will the same VO see that petition and just refuse it to?

[Corbin]

What bothers me is not knowing why we are denied. They are basicaly calling us liars.

 

We considered getting married while i was in guangzhou but, I decided it was to rushed and would only make things worse. I based this decision on my feeling that they do not like how we met. I met Guijuan while visiting china. I did not plan meeting her. We had only the three days I spent with her family as history before I decided to pursue filing. I knew it could take a year and I could always change my mind. I saw no reason to wait.

 

Now I am getting the picture that I may not here back from USCIS about an appeal for possibly a year or more.

 

Will it make things worse if we get married and file for a K3? Will the same VO see that petition and just refuse it to?

I think the VO you get is the luck of the draw, so it could happen that way then again it could also happen that she gets ask only a few questions and passes. There is the CR1 visa also.

 

Other's that know more than me will pipe in on this some more.

[chilton747]

What bothers me is not knowing why we are denied. They are basicaly calling us liars.

 

We considered getting married while i was in guangzhou but, I decided it was to rushed and would only make things worse. I based this decision on my feeling that they do not like how we met. I met Guijuan while visiting china. I did not plan meeting her. We had only the three days I spent with her family as history before I decided to pursue filing. I knew it could take a year and I could always change my mind. I saw no reason to wait.

 

Now I am getting the picture that I may not here back from USCIS about an appeal for possibly a year or more.

 

Will it make things worse if we get married and file for a K3? Will the same VO see that petition and just refuse it to?

I can tell you that I married my wife because that is what we wanted in the first place. If it feels right then do it. Do not let our government decide what is right for you. If I get turned down again then so be it!!! At least my wife will never turn me down and that is what is most important!!!!!!!!!!!