Should I send inquiries after two blue slips?

[ken88]

I posted here earlier that my second blue slip dated nov 1, 2007 stated that my application is under administrative review and I may contact them after 90 days if I do not hear anything from them. As I did not hear anything in 90 days, I contacted them on Feb 1, 2008. They again said that it is under administrative processing and they will let me know, when it is completed. Now another 60 days have passed. I have a few questions for the experienced members here.

 

1. Are they doing something or I am just standing in line for the right person to look at my papers?

 

2. I have seen on this site many blue slip issues were resolved in 2-8 weeks time. When it takes longer, does it mean "probable bad news"?

 

3. Should I keep writing them e-mails every 1 or 2 months to keep my application active or should I just wait until I hear from them?

 

4. Does my CR-1 visa application expire after a certain number of months or it stays active until processing is complete irrespective of time? Is there anything I need to worry about while waiting?

 

5. The only deficiency I can think of is the proof of residencies of myself, my wife, my ex, and her ex for a "significant length of time" (vague: I gave last 5 years). Everything was OK from my side. We could not prove anything from her side because she is living with her sister after her divorce and all the utilities and lease papers are in her sister's name. Her husband always lived with his father and mother and all the paperwork is on his father's name. Americans are usually not used to that kind of background.

 

6. Do they really investigate the residencies? Do they personally go there and check them out or make phone calls etc? If they do investigate, it is good for me because that is the only way they can verify that they really do live in those places mentioned. Otherwise, they can still say "there is no proof of bonafide" residence!

 

Thanks - - - Ken

[chilton747]

Has she or you had a recent divorce?

[ken88]

Has she or you had a recent divorce?

At the time of our marriage, I was divorced for 1 year and separated for 2 1/2 years. My wife divorced for only 6 months, but separated for 3 years. She could not show any proof of that separation on paper. This is sort of normal in China. After separation, a wife seldom goes for a legal divorce, because the chances of a remarriage is very slim, unless she can find a foreigner to marry her! Even divorced Chinese men look for virgins, they say. For am American VO, this could be suspicious, unless they investigate it personally.

[david_dawei]

Admin review is catch-all for processing something... in those cases where it is long, it's not uncommon that the paperwork is sent outside the consulate for some review and so even the consulate is waiting for it to come back.

 

You can periodically email and ask.. it won't speed it along... but I guess if it got stuck in limbo and someone takes the time to figure that out, they could set it in motion again.

 

The consulate will keep the visa active automatically.

 

yes, they do on occasion check out residency...

[chilton747]

I do know that the Consulate does hire outside sources to investigate the beneficiary in China. Also sometimes the Consulate will request investigation from the USCIS in regards to the petitioner. These investigations can take a very long time in some cases.

[sweattrl1]

I do know that the Consulate does hire outside sources to investigate the beneficiary in China. Also sometimes the Consulate will request investigation from the USCIS in regards to the petitioner. These investigations can take a very long time in some cases.

i think a divorce would have been more on the safe side, before re-marrage, maybe the vo will never know

[sweattrl1]

I do know that the Consulate does hire outside sources to investigate the beneficiary in China. Also sometimes the Consulate will request investigation from the USCIS in regards to the petitioner. These investigations can take a very long time in some cases.

i think a divorce would have been more on the safe side, before re-marrage, maybe the vo will never know

just joking , Davidzixuan is alway good at advice , what he tell you is good

[Sebastian]

OK, I've reread your info about your 2 blue slips.

 

My question now is -

where is the petition currently?

Is it still in GUZ? Or has it been sent back to USCIS stateside?

 

If it's still in GUZ, you have a chance for a overcome in GUZ, you will need to engage an attorney.

 

If it's been sent back stateside, you'll have to wait until the file is reopened stateside. Which of course, sucks.

 

With your first blue slip as 'not a bonafide marriage' and the second blue slip to 'prove up her residencies' - I think yer in for a nasty pile of dog poo without engaging an attorney in GUZ.

Edited June 15, 2008 by Darnell (see edit history)

[tsap seui]

OK, I've reread your info about your 2 blue slips.

 

My question now is -

where is the petition currently?

Is it still in GUZ? Or has it been sent back to USCIS stateside?

 

If it's still in GUZ, you have a chance for a overcome in GUZ, you will need to engage an attorney.

 

If it's been sent back stateside, you'll have to wait until the file is reopened stateside. Which of course, sucks.

 

With your first blue slip as 'not a bonafide marriage' and the second blue slip to 'prove up her residencies' - I think yer in for a nasty pile of dog poo without engaging an attorney in GUZ.

 

Darnell, Ken's case IS in Guangzhou, they don't send a case to america until it's been denied with either the catch all phrase of "did not prove a bona fide relationship" or an outright denial based on fraud which bans her for 10 years.

 

 

 

Ken, I don't know how close your wife is to Guangzhou. If she is close then have her go to the consulate building and look up an older Chinese fellow on the 4th floor. I don't know his name, and I'm only fairly sure he's on the forth floor, but he's the only one in the building who doesn't charge you an upfront fee to look into your case: you pay only IF he delivers a visa. There is also Raymond Lau on the forth floor that she could talk to. If she can make the trip to Guangzhou I would have her start on the forth floor and "interview" each and every single of the little shops that help with blue slips, and work her way to the first floor. Let her find who SHE feels comfortable with.

 

Here is Marc Ellis' e-mail. You could drop him an e-mail with questions. Marc is a lawyer and he is going to want to interview your wife by phone (hour to hour and a half interview). If I ever MAKE another application it will be under Marc's guidance.

marcellislaw@gmail.com

 

And then there is JJ's favorite lawyer...Peter Pagent, there on the first floor by the doors to the right.

 

Between us, my fiancee and I sent 66 e-mails to GUZ, and I made over 250 useless calls to the DOS in 300 days. I had two Congessional immigration liason's look into our case, as well as a Letter to the president, which I might as well have sent to a cat.

*This was a TOTAL INSULT as an american citizen and yeilded absolutely nothing. I felt much better and safer with Chinese help*

 

Unfortunately, you will find you have NO RIGHTS as an american citizen and letters and while phone calls to Congessional liasons and the DOS will keep you busy and make you feel that you are doing something...there are of no help. I felt better with Chinese help than with the americans.

 

Good luck Ken, I could have put on a pair of California style rose colored sunglasses and lied to ya, but I am NOT an american working for the DOS.

 

Oh yeah...look out for the obscure phone call to your wife asking to speak to her husband. She may get a couple of those and they usually are from "China Post"(sic) workers. I know of one fellow who got a call in america at 2:00am, asking to speak to his wife, whne the caller say he had no wife he asked to speak to the woman he was living with.....the caller was an american and spoke english, then the caller screwed up and said good bye in Chinese.

 

Yeah, they can and will stake out your wife, and they can and will search her home. False gods can do anything when there is national security(sic) at stake.

 

 

And that's all I've got to say about that.

 

Good luck man, I hope you weren't looking for me to rose color it. I do hope and pray for your success in this.

 

tsap seui

 

Have bona fide relationship

Will travel

 

Since when we can only read the black and white of words written on the internet and you can't see my face let, me assure you, I am NOT angry or bitter. I have only been given a new path to walk, and there is a lively step to my gait and a song in my heart.

[ken88]

I posted here earlier that my second blue slip dated nov 1, 2007 stated that my application is under administrative review and I may contact them after 90 days if I do not hear anything from them. As I did not hear anything in 90 days, I contacted them on Feb 1, 2008. They again said that it is under administrative processing and they will let me know, when it is completed. Now another 60 days have passed. I have a few questions for the experienced members here.

 

1. Are they doing something or I am just standing in line for the right person to look at my papers?

 

2. I have seen on this site many blue slip issues were resolved in 2-8 weeks time. When it takes longer, does it mean "probable bad news"?

 

3. Should I keep writing them e-mails every 1 or 2 months to keep my application active or should I just wait until I hear from them?

 

4. Does my CR-1 visa application expire after a certain number of months or it stays active until processing is complete irrespective of time? Is there anything I need to worry about while waiting?

 

5. The only deficiency I can think of is the proof of residencies of myself, my wife, my ex, and her ex for a "significant length of time" (vague: I gave last 5 years). Everything was OK from my side. We could not prove anything from her side because she is living with her sister after her divorce and all the utilities and lease papers are in her sister's name. Her husband always lived with his father and mother and all the paperwork is on his father's name. Americans are usually not used to that kind of background.

 

6. Do they really investigate the residencies? Do they personally go there and check them out or make phone calls etc? If they do investigate, it is good for me because that is the only way they can verify that they really do live in those places mentioned. Otherwise, they can still say "there is no proof of bonafide" residence!

 

Thanks - - - Ken

 

Darnel and tsap seui, thanks for your recent comments. I can add a few more details as to what is going on in my case.

 

1. USC did not reply my 3 e-mails. They replied the 4th one. I asked for a status report. They said " Your application is under review. We apologize for the delay". Great! this time they apologized! They wrote two full sentenses!

 

2. The first blue slip was for additional information about residencies of two of us and two ex-s, and utility bills, etc. The second blue slip said that "your application is on Administrative processing".

 

3. There is nothing to be checked out on my side because I had all documents in perfect order. So I do not think that they will send it back to the US for further investigation.

 

4. I went to ACH in GZ, in Jan 08. It was a waste of time. They would not give me any information exept that it is on AP, which I already knew. The only info that I could carry home was that the application is still in GZ (in Jan 08).

 

5. I talked an American Attorney , Mr. Paget, who worked in GZ for a few years. I asked him if I hired him what would he do. He said he can not do anything until we hear from USC again. Afterwards, he will do the needful. He would charge $1,000.00 up front and an additional $5,000.00 when the visa is issued. So I thought I will wait it out myself.

 

6. I also talked to a Chinese American lawyer, I think, Mr. King, from Seattle. He also said similar things. The application is in a frozen state during AP and you can not do anything. I asked both of them if they had any power or influence inside usc they said NO.

 

Ken88

[Randy W]

 

3. There is nothing to be checked out on my side because I had all documents in perfect order. So I do not think that they will send it back to the US for further investigation.

 

 

 

 

What you are missing here is that they may decide that your's is "not a bonafide relationship", based simply on the VO making (and sticking to) that statement. It would then be sent back to the USCIS with a recommendation of revocation. This is the only reason it would be sent back to the US.

 

Those four words are impossible to argue with, and there is no way to disprove them (no matter how much of a rotten lie they are). There is no court that has any jurisdiction over the consulate.

 

If the USCIS decides to follow the revocation recommendation (unlikely), you will be mailed a notice of a hearing in immigration court.

 

It has happened to others. I hope it doesn't happen to you.

Edited June 15, 2008 by Randy W (see edit history)

[chilton747]

 

3. There is nothing to be checked out on my side because I had all documents in perfect order. So I do not think that they will send it back to the US for further investigation.

 

 

 

 

What you are missing here is that they may decide that your's is "not a bonafide relationship", based simply on the VO making (and sticking to) that statement. It would then be sent back to the USCIS with a recommendation of revocation. This is the only reason it would be sent back to the US.

 

Those four words are impossible to argue with, and there is no way to disprove them (no matter how much of a rotten lie they are). There is no court that has any jurisdiction over the consulate.

 

If the USCIS decides to follow the revocation recommendation (unlikely), you will be mailed a notice of a hearing in immigration court.

 

It has happened to others. I hope it doesn't happen to you.

 

During a blue AP, the DOS does request sometimes for the USCIS investigate the petitioner but it usually takes a long time. Mr Ellis told me this.

[Randy W]

 

During a blue AP, the DOS does request sometimes for the USCIS investigate the petitioner but it usually takes a long time. Mr Ellis told me this.

 

This is while it's still at GUZ though, right?

[chilton747]

 

During a blue AP, the DOS does request sometimes for the USCIS investigate the petitioner but it usually takes a long time. Mr Ellis told me this.

 

This is while it's still at GUZ though, right?

 

Right.

[ken88]

I posted here earlier that my second blue slip dated nov 1, 2007 stated that my application is under administrative review and I may contact them after 90 days if I do not hear anything from them. As I did not hear anything in 90 days, I contacted them on Feb 1, 2008. They again said that it is under administrative processing and they will let me know, when it is completed. Now another 60 days have passed. I have a few questions for the experienced members here.

 

1. Are they doing something or I am just standing in line for the right person to look at my papers?

 

2. I have seen on this site many blue slip issues were resolved in 2-8 weeks time. When it takes longer, does it mean "probable bad news"?

 

3. Should I keep writing them e-mails every 1 or 2 months to keep my application active or should I just wait until I hear from them?

 

4. Does my CR-1 visa application expire after a certain number of months or it stays active until processing is complete irrespective of time? Is there anything I need to worry about while waiting?

 

5. The only deficiency I can think of is the proof of residencies of myself, my wife, my ex, and her ex for a "significant length of time" (vague: I gave last 5 years). Everything was OK from my side. We could not prove anything from her side because she is living with her sister after her divorce and all the utilities and lease papers are in her sister's name. Her husband always lived with his father and mother and all the paperwork is on his father's name. Americans are usually not used to that kind of background.

 

6. Do they really investigate the residencies? Do they personally go there and check them out or make phone calls etc? If they do investigate, it is good for me because that is the only way they can verify that they really do live in those places mentioned. Otherwise, they can still say "there is no proof of bonafide" residence!

 

Thanks - - - Ken

 

If something is wrong with the application, or something suspecious, why don't they talk to us about it? What is the big mystery there. We might even be able to help them to reach a decision sooner. Actually they even refused to see additional proofs of marriage.

 

I have an official marriage certificate and it it outrageous for a VO to hold us hostage while they try to prove that it is not a couterfeit marriage certificate. If I am looking for a fiancee visa, the VO can have a subjective view point as to whether the relationsip is bonafide or not. Once you are married and have an official marriage certificate, the VO has no wiggling room for a subjective view point! Marriage certicate is one of the most important document in your life. The VO has lots of guts to question that! Does she believe in her own birth certificate? Does believe in her parents marriage marriage certificate?

 

This is like holding you in jail because they found a $100.00 bill in your pocket. There is less than 1% chance that it could be a counterfeit bill. Then they ask you to stay in jail until they find out that it is not a counterfeit $100.00 bill. More over they taking all the time that they want to do their job!

 

I think there should be an Immigration Court right at the USC, GZ, so that we can question the credibility of the VOs working there and have hearing on our case.

 

Ken88