Hit With CR1 Denial... CIS This can't be good!

[dustyone]

do it while it is still there. My wife and I ran into this also. We put a lawyer on it right away and it took about a week and a few papers and she was mailed her visa. but try and keep it in china!!!!!

[khim]

Khim, Marc is very good. As far as my denial being sent back to the states, I just got word Friday that it was sent back on February 21, 2008. The denial was issued to my then fiancee on her interview date of August 28, 2006. This gives you an idea of how long it can REALLY take!

Our cases are not taken to any court. The VO has the last word. I strongly feel that the political unrest between the US and China plays a role in all of this madness although others might disagree with me.

There is a very high rate if visa fraud coming from China and the innocent are caught up in all of this.

 

 

 

Hi Chilton747, Did you hire Marc to handle your case? Why did it take almost two years? What did you do in the mean time to help your case?

 

Sorry about all the question... but I am not going to stand by for two years waiting for a VO to decide my life. IT JUST ISNT RIGHT!

[khim]

do it while it is still there. My wife and I ran into this also. We put a lawyer on it right away and it took about a week and a few papers and she was mailed her visa. but try and keep it in china!!!!!

 

 

 

What lawyer did you use?

[chilton747]

Khim, Marc is very good. As far as my denial being sent back to the states, I just got word Friday that it was sent back on February 21, 2008. The denial was issued to my then fiancee on her interview date of August 28, 2006. This gives you an idea of how long it can REALLY take!

Our cases are not taken to any court. The VO has the last word. I strongly feel that the political unrest between the US and China plays a role in all of this madness although others might disagree with me.

There is a very high rate if visa fraud coming from China and the innocent are caught up in all of this.

 

 

 

Hi Chilton747, Did you hire Marc to handle your case? Why did it take almost two years? What did you do in the mean time to help your case?

 

Sorry about all the question... but I am not going to stand by for two years waiting for a VO to decide my life. IT JUST ISNT RIGHT!

 

 

Just sent you a PM.

[Sebastian]

I've said this before, but -

 

IF the casefile has not LEFT GUZ, then it is possible to get a lawyer to 'ask' the Consulate to reconsider, and then present all of the kitchen sink.

 

Did you have joint accounts on anything?

Like - your utility bills stateside, you put her name on them?

Same thing for the leasehold or house title, car title.

 

Joint Bank accounts are near to impossible to get, so I won't ask.

 

You have been married almost 18 months? If you did not get the jointly held things, it will be troublesome. The I-130 thingies (evidence of bonafide replationship) have changed - but -

 

WITH THE NEW STUFF on the form current as of Jan 2008, I take it to mean that all applications submitted after that date must have this evidence.

 

I would be shocked to learn that the VO applied the new guidelines to a petition submitted well before the change in guidelines .

Grrr.

Edited March 10, 2008 by Darnell (see edit history)

[khim]

I've said this before, but -

 

IF the casefile has not LEFT GUZ, then it is possible to get a lawyer to 'ask' the Consulate to reconsider, and then present all of the kitchen sink.

 

Did you have joint accounts on anything?

Like - your utility bills stateside, you put her name on them?

Same thing for the leasehold or house title, car title.

 

Joint Bank accounts are near to impossible to get, so I won't ask.

 

You have been married almost 18 months? If you did not get the jointly held things, it will be troublesome. The I-130 thingies (evidence of bonafide replationship) have changed - but -

 

WITH THE NEW STUFF on the form current as of Jan 2008, I take it to mean that all applications submitted after that date must have this evidence.

 

I would be shocked to learn that the VO applied the new guidelines to a petition submitted well before the change in guidelines .

Grrr.

 

 

We do Have a joint bank account that was presented in the follow up papers and in my hand wriitten report to the VO. It did not make any difference in his findings.

[khim]

Thoughts to ponder...

 

my wife continues to use her Chinese family name after we married. My plan was to officialy change it after she came to the USA.

 

She also has a ITIN number that I use to claim her om my taxes for 2006 and 2007. As far as the IRS is concerned we are and bona Fide married couple.

 

Her ITIN number was also persented to the VO as proff as a bona fide relationship.

 

My wife doed not wear a wedding ring. This again I was waiting for her to get here and when we have a USA wedding I would give her my ring.

[tsap seui]

Khim, Dustys interview was over a year and a half ago. You may be able to still keep the case in China, and they "may" let an attorney work on it for you at this point...but unfortunately there have been changes in their (GUZ's) procedure.

 

I hope you've PM'ed Dusty, but if not, there is an attorney on the consulate buildings first floor entry, on the right, named Peter Pagent. You could quickly contact him. I don't have his e-mail or number but he has posted here under the name "King". Maybe someone else will chime in with his info, or you can try the "search".

 

I feel for ya. This process is unfair and it is VERY arbitrary. Lots of good folks get kicked out...and it isn't because of the paperwork not being filled out properly. There is lots of other things going on in that consulate.

 

If Pagent or whoever else you can find can't help you "quickly" then contact Marc Ellis. Yes, he's in Ho Chi Minh City, but he can lay out a plan of attack for you to eventually get a visa. If we get into your situation, I'll use Marc, move to China, work on the 3 of us immigrating to New Zealand, while awaiting Marc's american visa work....and if all else fails, just settle down to a happy life in the Land of the Wall. But, they ain't gonna stop me from living with my lil' rabbit and "our" son.

 

Good luck buddy, I only wish I could be more helpful. They are many in your situation.

 

tsap seui

[dnoblett]

Khim, Dustys interview was over a year and a half ago. You may be able to still keep the case in China, and they "may" let an attorney work on it for you at this point...but unfortunately there have been changes in their (GUZ's) procedure.

 

I hope you've PM'ed Dusty, but if not, there is an attorney on the consulate buildings first floor entry, on the right, named Peter Pagent. You could quickly contact him. I don't have his e-mail or number but he has posted here under the name "King". Maybe someone else will chime in with his info, or you can try the "search".

 

I feel for ya. This process is unfair and it is VERY arbitrary. Lots of good folks get kicked out...and it isn't because of the paperwork not being filled out properly. There is lots of other things going on in that consulate.

 

If Pagent or whoever else you can find can't help you "quickly" then contact Marc Ellis. Yes, he's in Ho Chi Minh City, but he can lay out a plan of attack for you to eventually get a visa. If we get into your situation, I'll use Marc, move to China, work on the 3 of us immigrating to New Zealand, while awaiting Marc's american visa work....and if all else fails, just settle down to a happy life in the Land of the Wall. But, they ain't gonna stop me from living with my lil' rabbit and "our" son.

 

Good luck buddy, I only wish I could be more helpful. They are many in your situation.

 

tsap seui

 

You will find him and many other Guangzhou based lawyers here:

http://candleforlove.com/forums/index.php?showtopic=9030

[Sebastian]

I note Mr. King hasn't logged in for about 18 months or so - Hopefully someone else can PM his contact info to you.

 

There was a scruffle with a CFL member here about 2 weeks prior to him disappearing, though. From what I've read of Mr. King's posts, he knows his stuff - and if he's still maintaining a law practice by the time my wife goes in for her interview, I'd be happy to retain him if there was any problem.

 

YMMV.

[david_dawei]

I note Mr. King hasn't logged in for about 18 months or so - Hopefully someone else can PM his contact info to you.

 

There was a scruffle with a CFL member here about 2 weeks prior to him disappearing, though. From what I've read of Mr. King's posts, he knows his stuff - and if he's still maintaining a law practice by the time my wife goes in for her interview, I'd be happy to retain him if there was any problem.

 

YMMV.

 

I'm sure he's got better things to do than to have to review CFL to clear up comments made by members...

[tsap seui]

I note Mr. King hasn't logged in for about 18 months or so - Hopefully someone else can PM his contact info to you.

 

There was a scruffle with a CFL member here about 2 weeks prior to him disappearing, though. From what I've read of Mr. King's posts, he knows his stuff - and if he's still maintaining a law practice by the time my wife goes in for her interview, I'd be happy to retain him if there was any problem.

 

YMMV.

 

I'm sure he's got better things to do than to have to review CFL to clear up comments made by members...

 

 

 

Now David....THAT was funny!! Oh yeah.

 

tsap seui

[Sebastian]

I note Mr. King hasn't logged in for about 18 months or so - Hopefully someone else can PM his contact info to you.

 

There was a scruffle with a CFL member here about 2 weeks prior to him disappearing, though. From what I've read of Mr. King's posts, he knows his stuff - and if he's still maintaining a law practice by the time my wife goes in for her interview, I'd be happy to retain him if there was any problem.

 

YMMV.

 

I'm sure he's got better things to do than to have to review CFL to clear up comments made by members...

 

 

Yes, and in the same breath -

BOY - DID HE CLEAR UP that set o comments.

Quite a GOOD READ!

[rogerinca]

I note Mr. King hasn't logged in for about 18 months or so - Hopefully someone else can PM his contact info to you.

 

There was a scruffle with a CFL member here about 2 weeks prior to him disappearing, though. From what I've read of Mr. King's posts, he knows his stuff - and if he's still maintaining a law practice by the time my wife goes in for her interview, I'd be happy to retain him if there was any problem.

 

YMMV.

 

 

 

First, IMO, Peter Paget is a nice and honest man. I have met with him more than once at his office on the first floor of the office bldg the Consulate is housed in; the last time was on my most recent trip in Nov/Dec.

 

Next, I compared the info listed in the 2005 CFL link, to that on his latest business card; I believe the link is no longer up to date (maybe due to the relocation from Shamian Is. to Tianye District, a couple of years ago ??

 

Latest phone # to save all some time: 011-86-20-3885-3168

Edited March 11, 2008 by rogerinca (see edit history)

[khim]

Conversation with Peter Pagnet partner Ping (not completely sure on his name).

Ping was a very nice helpful man. He took the time to answer all the questions that I asked of him. In general this is what he said to me:

 

Denials are not based on any one thing.

The consulate looks for couples in bona fide relationship beyond common entries¡­ meaning: phone records, chats records, and such are basically meaningless to them.

Examples of out of the common would be: pregnant wife, USA house in both names, joint bank accounts, utilities in her name¡­ etc

 

What would need to happen from here for us would be:

 

1. My wife goes to GZ and has a ½ hour consultation, presenting all her documents and pictures.

2. I would be on speakerphone and part of the consultation.

3. The case would have to be a strong case with strong evidence (as mentioned above) to be accepted by them.

4. If accepted, their office would arrange a meeting with the Consulate supervisor to review the evidence.

5. This would all take time and money.

6. $5000.00US or more depending or the case¡­ maybe less.

 

 

Take this for what it is worth.