K1 denied, return to CIS, what now ?

[miccor]

Hello Everyone, This is great site, thanks to everyone involed in putting this together.

We met 21 FEB 06 on line. Our interview was June 5, 2007, received blue form stating 221(g), "you will be contacted in 90 days or email us". Received a letter stating K1 was denied 31 JAN 08 from consulate in Guangzhou, "not a bona fide relationship, we'll return to USCIS for possible revocation". My fiancee told me the moment she approched the window the man had a scowl on his face. He repeatedly told her he did not believe she could communicate with me. She told him that she spoke some English and I spoke some Cantonese we had no problem whatsoever, so the officer threw an email and front of her and said "if you can speak English then read this". She replied she could speak some but could not read. the officer would not even look at most of our evidence and the Consulate never requested any additional documents or evidence. I received a letter from our Senator today stating that the consulate was UNABLE (?) to disclosed the specific reasons (by the way they are also exempt from FOIA request). My fiancee is the most kind and honest 49 year old woman and has a 9 yr old child. Clean medical, clean police record, divorced 7 years, has full custody of the child and a written letter of permission from her former spouse to allow her daughter to move to the U.S. and has never applied for any type of U.S. visa. I have been to China 3 times and stayed at her residence, accompanied her to the interview, satisfied financial requirements and have been supporting them since AUG 2006 because she was layed off.

Many questions, answers to any appreciated.

1. typical wait time for case to return to CIS and review completed?

2. if CIS approves again do we recieve visa or do we have to go through everything again? what is the probabilty of approval ?

3. if CIS denies, they contact me, I appeal to an Immigration judge, should he favor for us, do we get our visa? if no, what ?

4. instead of waiting the many months for above scenario, what if we cancel K1, marry and file a I-130 / CR1 or K3? would this pose any problems or snags because of previous case and what is the probablity of the consulate approving it? is it imperative that I know the SPECIFIC reasons for the K1 denial?

5. should I attempt this myself or seek attorney assistance, any referrals of attorneys experienced in these matters?

Thank you in advance for any information and assistance. We greatly appreciate it.

[chilton747]

Miccor I am very sorry to hear that this has happened to you. Unfortunately there is nothing you can do about the white slip. It stands as is and chances are you will never hear from the CIS. They do not obey their own laws in this regard. All you can do is wait for the petition to expire which is usually in 4 month increments from the date of the approved NOA1.

The scowl on the VO's face was intentional. They profile the cases and if your fiancee meets a certain profile, ie: from a certain region, then the scowl is meant to intimidate and shake your fiancee up to where she can't answer questions. Apparently your fiancee held her composure therefore receiving the blue instead of the white at the interview. Then it is a fairly new method they are using by mailing the white slips. This makes you lose any opportunity to have a lawyer jump in quickly and try to find out what really happened.

Check out this link http://www.ilw.com/articles/2006,0323-ellis.shtm. This article will give a sense of what can happen when reapplying for a I-130 after being denied a K1. The attorney that wrote this article can help you.

Again, sorry to hear of your troubles but you have no rights in this matter. Trust me, I know.

Edited February 24, 2008 by chilton747 (see edit history)

[Guest Rob & Jin]

Miccor, very sorry to hear about the denial

[miccor]

Thank you for your thoughts, you are very kind.

 

Mike

 

Miccor, very sorry to hear about the denial

[miccor]

I just read it and sent the attorney an email to inquire about his service.

Thank you,

mike

 

Miccor I am very sorry to hear that this has happened to you. Unfortunately there is nothing you can do about the white slip. It stands as is and chances are you will never hear from the CIS. They do not obey their own laws in this regard. All you can do is wait for the petition to expire which is usually in 4 month increments from the date of the approved NOA1.

The scowl on the VO's face was intentional. They profile the cases and if your fiancee meets a certain profile, ie: from a certain region, then the scowl is meant to intimidate and shake your fiancee up to where she can't answer questions. Apparently your fiancee held her composure therefore receiving the blue instead of the white at the interview. Then it is a fairly new method they are using by mailing the white slips. This makes you lose any opportunity to have a lawyer jump in quickly and try to find out what really happened.

Check out this link http://www.ilw.com/articles/2006,0323-ellis.shtm. This article will give a sense of what can happen when reapplying for a I-130 after being denied a K1. The attorney that wrote this article can help you.

Again, sorry to hear of your troubles but you have no rights in this matter. Trust me, I know.

[Sebastian]

I think this time gap is troublesome -

 

received blue form stating 221(g), "you will be contacted in 90 days or email us". Received a letter stating K1 was denied 31 JAN 08 from consulate in Guangzhou, "not a bona fide relationship, we'll return to USCIS for possible revocation"

 

There is a small window of time once a blue slip is issued, for the OVERCOME to be presented and processed AT THE CONSULATE. I am surprised that a followup appointment was not made by the Consulate for your SO. ONCE The Consulate states that they are returning the file to USCIS, this time window is closed.

 

If I had been in your shoes, I would have gotten an attorney IN GUANGZHOU that has had prior dealings with the IV section, within 2 days of knowing about the Blue Slip. If nothing else, he could have gotten an extension of time to present evidence for a DENIAL OVERCOME.

 

I have no good news for you - This 'transference of file', IMO, will take an inordinate amount of time to transfer back to USCIS. While it's in transit back, again IMO, it's as if the file is dead - you can't do anything until the file is actually received and logged (But I may be dead wrong about this, too, I only repeat what I've gleaned from this site).

 

Others have suggested you talk to an attorney - I suggest you do so, and quickly ! Find an immigration attorney who specializes in DENIAL OVERCOMES.

 

But, now what ? What are your other options?

If you are not abandoning her, then I suggest you go back to China, marry her, file I-130/K-3/I-129F , and do all the paperwork over again. You'll have to abandon the existing K-1 application at some point, please pay attention to the proper way to accomplish this.

 

If you decide to get married in China, then any further effort on this intial K-1 denial will be a waste of time and money - ie - it would not be beneficial to you to hire an attorney to try to overcome the original K-1 DENIAL - and here's why I think so - That now dead file , returning to USCIS, will not be seen for a LONG TIME, and even once it's back at USCIS, they will take their time to get back in touch with you. IMO, this amount of time will be longer than the time required to SUCCESSFULLY file a K-3 or CR-1 for your SO.

 

Some folk here have gone this route after a failed K-1 application.

 

I have heard of this 'communication problem' before, and most of the overcomes (that were successful) presented EVIDENCE in the form of a MOVIE (either video tape or VCD) that showed HOW the two people communicated. I feel your won't be able to use this type of evidence now, that small time gap has closed for you and her.

 

Good Luck to you - I hope things work out in your favor !

Edited February 24, 2008 by Darnell (see edit history)

[chilton747]

I think this time gap is troublesome -

 

received blue form stating 221(g), "you will be contacted in 90 days or email us". Received a letter stating K1 was denied 31 JAN 08 from consulate in Guangzhou, "not a bona fide relationship, we'll return to USCIS for possible revocation"

 

There is a small window of time once a blue slip is issued, for the OVERCOME to be presented and processed AT THE CONSULATE. I am surprised that a followup appointment was not made by the Consulate for your SO.

 

The 221(g) they got was for administrative processing. This means that they do not desire anymore evidence. It is "wait until we have made a final decision." Yes there are those in the Consulate building that can take care of this type of blue slip or so I have heard. But I am not sure if they are on the up and up. His time frame is somewhat normal for the type of blue slip that he received and the white slip afterwards.

[Sebastian]

I think this time gap is troublesome -

 

received blue form stating 221(g), "you will be contacted in 90 days or email us". Received a letter stating K1 was denied 31 JAN 08 from consulate in Guangzhou, "not a bona fide relationship, we'll return to USCIS for possible revocation"

 

There is a small window of time once a blue slip is issued, for the OVERCOME to be presented and processed AT THE CONSULATE. I am surprised that a followup appointment was not made by the Consulate for your SO.

 

The 221(g) they got was for administrative processing. This means that they do not desire anymore evidence. It is "wait until we have made a final decision." Yes there are those in the Consulate building that can take care of this type of blue slip or so I have heard. But I am not sure if they are on the up and up. His time frame is somewhat normal for the type of blue slip that he received and the white slip afterwards.

 

I did not mention 'those in the building' - I mentioned 'attorney in Guangzhou with prior dealings with the IV unit'. There is a list of attornies the IV unit recognizes on the Consulate Website.

Edited February 24, 2008 by Darnell (see edit history)

[tsap seui]

Miccor, it was heart breaking to talk to you earlier. Oh how I feel your pain, and understand your frustration. Most people will never understand that what has happened to you could just as easily have happened to them in their lady's interview, or could happen to them in a future interview.

 

You were prepared as well or better, in many cases, than anyone else here. It is criminal what happened in your fiancee's interview, and now you get the insult to injury to find you have NO RIGHTS as an american citizen.....I wonder why?

 

Darnell, at her interview, miccor's fiancee HAD a video of the two of them communicating in english to each other....when the VO repeatedly told her he doubted they could communicate, she offered him the video...HE WOULD NOT TAKE IT....I wonder why?

 

As far as those "accepted", by the consulate, lawyers take a look at the list for yourself. Not too many of "them" even list that they deal with immigration, but if you find you need yourself a good maritime lawyer, then the consulate's list is full of "them". I find it funny how the most successful immigration lawyer in the consulate building IS NOT on the consulate's list.....I wonder why?

 

Miccor, Charles is the best person to communicate with, in this, yet another case of an innocent person getting electrocuted by an idiotic judge with no proof of any crime whatsoever.

 

Good luck to you and your fiancee,

 

tsap seui

[IllinoisDave]

Sorry to hear about this Miccor.

Best of luck.

[Sebastian]

Miccor, it was heart breaking to talk to you earlier. Oh how I feel your pain, and understand your frustration. Most people will never understand that what has happened to you could just as easily have happened to them in their lady's interview, or could happen to them in a future interview.

 

You were prepared as well or better, in many cases, than anyone else here. It is criminal what happened in your fiancee's interview, and now you get the insult to injury to find you have NO RIGHTS as an american citizen.....I wonder why?

 

Darnell, at her interview, miccor's fiancee HAD a video of the two of them communicating in english to each other....when the VO repeatedly told her he doubted they could communicate, she offered him the video...HE WOULD NOT TAKE IT....I wonder why?

 

As far as those "accepted", by the consulate, lawyers take a look at the list for yourself. Not too many of "them" even list that they deal with immigration, but if you find you need yourself a good maritime lawyer, then the consulate's list is full of "them". I find it funny how the most successful immigration lawyer in the consulate building IS NOT on the consulate's list.....I wonder why?

 

Miccor, Charles is the best person to communicate with, in this, yet another case of an innocent person getting electrocuted by an idiotic judge with no proof of any crime whatsoever.

 

Good luck to you and your fiancee,

 

tsap seui

 

TSAP - ye gods. I feel really bad for Miccor.

[tsap seui]

TSAP - ye gods. I feel really bad for Miccor.

 

Darnell, miccor is a really sharp guy and he had his fiancee PREPARED for that interview.

 

From Candle there is maybe two or so guys that have their ladies interview in any given month...out of 150-250 women A DAY that have their interviews.

 

GUZ is NOT the friendly consulate that some want to portray it. Being prepared has nothing to do with what comes out of there often times.

You're rights as an american citizen are stripped from you at the consulate. The Constitution has nothing to do with the american consulate in China.

 

It's not my place to tell miccors fiancee's story at her interview, but IT is CRIMINAL. And it mirrored my fiancee's interview story very closely...from the VO's angry scowl up front when she smiled and said "Hello" to the totally disgusting, ill mannered, and unprofessional manner that the american civil servent displayed to our fiancees.

 

Wanna know where the REAL communism in China is? Go to the american consulate in Guangzhou.

 

Yeah, I feel real bad about what happened to miccor and his lady...and I feel real bad to admit I'm an american citizen when I am forced to be in the same league as those americans in GUZ.

 

tsap seui

[Guest Mike and Lily]

Sorry to hear about your denial. I hope you and your fiance can overcome it. Good luck!

[miccor]

Thanks again for calling, I really enjoyed our conversation and look forward to staying in touch with you. Prayers to you and your fiancee, I truly hope you have better fortune.

Miccor

 

Miccor, it was heart breaking to talk to you earlier. Oh how I feel your pain, and understand your frustration. Most people will never understand that what has happened to you could just as easily have happened to them in their lady's interview, or could happen to them in a future interview.

 

You were prepared as well or better, in many cases, than anyone else here. It is criminal what happened in your fiancee's interview, and now you get the insult to injury to find you have NO RIGHTS as an american citizen.....I wonder why?

 

Darnell, at her interview, miccor's fiancee HAD a video of the two of them communicating in english to each other....when the VO repeatedly told her he doubted they could communicate, she offered him the video...HE WOULD NOT TAKE IT....I wonder why?

 

As far as those "accepted", by the consulate, lawyers take a look at the list for yourself. Not too many of "them" even list that they deal with immigration, but if you find you need yourself a good maritime lawyer, then the consulate's list is full of "them". I find it funny how the most successful immigration lawyer in the consulate building IS NOT on the consulate's list.....I wonder why?

 

Miccor, Charles is the best person to communicate with, in this, yet another case of an innocent person getting electrocuted by an idiotic judge with no proof of any crime whatsoever.

 

Good luck to you and your fiancee,

 

tsap seui

[miccor]

Thank you, we really appreciate your thoughts.

 

miccor

 

Sorry to hear about this Miccor.

Best of luck.