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

[selena]

Do you know the procedure for USCIS review or revocation? Thanks.

[georgeandli]

Listen to chilton747. He knows what he talks about. So do I. As you can see from my timeline, my wife[fiancee at the time] and I were denied. Three trips for her to GUZ with overcome info after interview, then denied and sent back to US. More often then not USCIS tends to reaffirm and send it back to GUZ. Unless someone can show me stats otherwise? Homeland Security and Department of State are two different animals and look at the petition from a different angle.

[Guest Rob & Jin]

Do you know the procedure for USCIS review or revocation? Thanks.

 

 

 

Start here

 

 

http://travel.state.gov/visa/laws/telegram...grams_1388.html

[selena]

Thanks. Very useful source. Also in Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

by Marc Ellis http://www.ilw.com/articles/2006,0323-ellis.shtm

My girl-friend is going hire Peter for our case.

Edited March 29, 2008 by selena (see edit history)

[chilton747]

Thanks. Very useful source. Also in Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

by Marc Ellis http://www.ilw.com/articles/2006,0323-ellis.shtm

My girl-friend is going hire Peter for our case.

 

 

Please keep us posted and let us know how Peter does for you.

[selena]

My girl-fiend (Selena) will talk to Peter on next Monday. Will share the info and post here.

[Guest Rob & Jin]

My girl-fiend (Selena) will talk to Peter on next Monday. Will share the info and post here.

 

 

 

 

 

Any news ?

[khim]

Hello everybody,

 

My apologies for being away so long but first off...

 

Chilton my congratulations to you and your wife, that was wonderful news for me to read!

 

Sterling... PM me your email address

 

Update for us as of today¡­

 

WAITING FOR USCIS TO REVIEW CR1 DENIAL!!

 

Interview Date: January 23, 2008

Denial Date: March 08, 2008

Denial Recorded at USICS: May 19, 2008

 

Continued Action:

 

http://www.familybasedimmigration.com/foru...hread.php?t=386

 

**Contacted several immigration attorneys. (This was while case was still in China. All offered advice, but no one was interested in taking our case (client overload)

(Contacted several attorneys here in the states... all say the same things... contact us once USCIS reviewed case.)

 

**My wife sent copy of the 221(g)

 

**Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.

(Case was reviewed by supervisor and still returned)

 

**Contacted Congresswoman Eshoo who contacted DOS and USCIS on my behalf. (I did this too late in the process so no real help there but still something that I need to do and I am still in contact with. All my letters to USCIS are also sent to Eshoo.)

 

**File a Freedom Of Information Act request for DOS.

(DOS interview findings.)

 

**File Freedom of Information Act request for USCIS.

(DOS interview findings.)

 

**Contact CIS Ombudsman

http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm

 

**Total trips to China... 5 to date.

 

**Results to date...

 

WAITING FOR USCIS TO REVIEW CR1 DENIAL!!

 

WAITING FOR USCIS TO REVIEW CR1 DENIAL!!

[weiaijiayou]

Thanks everyone for your advise and comments.

 

Last night I had my wife talk about every detail of her interview and remembered things in the interview that could of had a negative outlook on our case. Not anything that she did but more in the follow up or reactions to the VO questions that could be interpreted as suspect in his eyes.

 

People out there going through this.... Spend time talking to your wives and girlfriends about every aspect of their interviews. Talk about it a lot... over and over. The answers are there... find them and fix it before the white slip!

 

When she got her blue slip, some of the information that the VO had troubles with did not show up on her on the fix-it letter. If it did, we could of very easily addressed it then. I ask myself why didn't she get a second blue, instead a very quick white??? Probably will never know But if you get the dreaded blue... do not take the information as the fulfillment of the VO's suspicions. Quiz your wife/GF. Reconstruction the interview if you have to. What might seem unimportant to her at the time could be very important to your case.

 

I understand the VO's suspicion. I see things very clearly now. We have a direction and together we will fix this and live happily ever after...TOGETHER!

 

"Yong yuan zai yi qi"... tell her every day.

 

 

and, in my own case, "bu guan zai na er"...

we're just going to live in china if we end up with a white slip. if the tables were turned and china looked on me with such suspicion, i wouldn't expect my fiancee to stay there without me...

[tsap seui]

Welcome back khim, I remember you back when your wife got a denial.

 

Our denial date was in May of 2008...after a 300 day blue slip before the denial.

 

Your update is very interesting. I too did some of the things you have done but you have done many more things than I did and I commend you for your diligence.

 

I'm flying to China for the 5th time this Friday morning and will be married within a week, and start the 2 year marriage clock for an IR-1 DCF application to be sent in around July or August of 2010.

 

Your post is very interesting to me, it doesn't make me feel like I left out anything to try for our case, as I see, it very sadly, didn't do anything for you. But, again, I commend your work and we've got many members who will be reading you post.

 

Your case got sent back to the USCIS very quickly...interesting and lucky for you guys. Ours hadn't even left GUZ at the 7 month mark, when I last cared to inquire it, 3 months ago.

 

And the FOIA's apparently didn't yield anything for you?

 

Don't worry that you contacted Congress people late...they could not have done a single thing for you and they would have yielded nothing

what so ever. Playing my cards with DOS operators on the phone gave me more insight than TWO Congressional liasons...and they were both pretty dang sharp with contacts within the DOS.

 

So, it looks like the USCIS has been sitting on your case for almost 9 months. Again, very interesting, and pretty much what chilton and I had figured out with our research....I think it only took 18 months for the DOS to send his application back to the USCIS.

 

I wish you good luck with your case. Let's hope the USCIS will soon blow the dust off your paperwork and have a read.

 

tsap seui

 

My mailbox will always be open for a rebuttal letter from the USCIS, but soon my change of address will make it where they have to send our application back to our address in China

Edited February 15, 2009 by tsap seui (see edit history)

[chilton747]

Hi Khim and thanks for the congrats! For some of us it's a very long road but we keep at it and we get there.

I have a friend that works for the USCIS and awhile back he told me a sure fire way to wake them up is with a writ of mandamus. If I read you post correctly, the USCIS will have had your petition for 1 year this coming May? This is something that you might want to consider.

[Bryon_Tran]

A friend, also an immigration layer, told me that no chance to win in the hearing since USCIS respects Consulate's decision. Besides, it ill be very time-consuming and costly. An alternative approach is to re-apply. We don't know which direction we should go. Hopefully can get some advice from you. Thanks.

 

Maybe if a petition gets denied in England or Canada there is no way to win because those consulates rarely deny a case to begin with so they have overwhelming evedince. I think places with a high denial rate like GUZ and Ho Chi Minh it would be very easy to overturn since they deny for just about anything they want and have no way to defend there findings so I don't think the USCIS respect there decisions that much.

[Bryon_Tran]

Also if im not mistaken if for some reason the USCIS sides with the consulate I think you can appeal to some sort of appeals Court and if they decide in your favor she gets the visa with no interview. I'm not certain maybe somebody can else knows.

[Guest jin979]

A friend, also an immigration layer, told me that no chance to win in the hearing since USCIS respects Consulate's decision. Besides, it ill be very time-consuming and costly. An alternative approach is to re-apply. We don't know which direction we should go. Hopefully can get some advice from you. Thanks.

 

Maybe if a petition gets denied in England or Canada there is no way to win because those consulates rarely deny a case to begin with so they have overwhelming evedince. I think places with a high denial rate like GUZ and Ho Chi Minh it would be very easy to overturn since they deny for just about anything they want and have no way to defend there findings so I don't think the USCIS respect there decisions that much.

 

 

 

how do know USCIS treats denied visas differently from different countries ?

[Bryon_Tran]

A friend, also an immigration layer, told me that no chance to win in the hearing since USCIS respects Consulate's decision. Besides, it ill be very time-consuming and costly. An alternative approach is to re-apply. We don't know which direction we should go. Hopefully can get some advice from you. Thanks.

 

Maybe if a petition gets denied in England or Canada there is no way to win because those consulates rarely deny a case to begin with so they have overwhelming evedince. I think places with a high denial rate like GUZ and Ho Chi Minh it would be very easy to overturn since they deny for just about anything they want and have no way to defend there findings so I don't think the USCIS respect there decisions that much.

 

 

 

 

how do know USCIS treats denied visas differently from different countries ?

 

 

I don't but for most visas to get denied in canada or england there has to be something illigal you hardly hear anybody getting denied as non bonafide. So the USCIS would more than likely uphold there decision.

 

Now you have places that deny just about everything as non bonafide with almost no wording except I don't believe its bonafide. Its bascally your word against the consulate so you should have the benifit of a doubt because you are innocent untill proven guilty in america unlike your spouse at the interview that has no rights.