overcomming letter

[benc]

Li Wen and I went the down the "white" NOID road. Less than a month till first wedding anniversary. From what I see posted here GUZ has changed things around. USCIS seems to have changed the way they deal with NOIDs also.

 

So from reading this thread, I assume that if you get a NOID, It wound make no sense to hire a lawyer, he would not be able to do anything for me in GUZ. I would just have to wait for the file to come back to the USA for the appeal process. Is that correct?

 

While the file is being sent back, is it possible to just abandon the k1 and just get marry and file for a CR1?

Edited October 10, 2008 by benc (see edit history)

[georgeandli]

Timing seems to be the critical issue. I don't give advice, just a humble carpenter here. I will relate what happened in our case when asked. That being said, I have seen many post to keep the petition in GUZ. I haven't ever seen anyone post that they have done that or how they did it. IMHO it's way to late by the time the "petitioner" finds out. Add in the all purpose not "bona fide" vagueness. Yes, I would assume you are correct. Part two.Yes, you may abandon K-1, marry and file a different way. Be very careful if you go this route. Without knowing WHY the K-1 was denied, the same issue[red flag] that bit you for the one might taint the other.

[benc]

How come GUZ don't tell you the reason why they denied you? Is there a way to find out the reason why before the file get sent back? And if it get sent back will they tell me the reason why it got denied?

[georgeandli]

benc, How come they don't tell you? I don't know. Is there a way to find out before the file is sent back? Again I am sorry to say I don't know. And now comes the important #3. Maybe you will get something from USCIS like a NOA. They have it and will get around to it. All I've been reading lately seems like once the file gets back stateside, the petition gets lost until it expires. I don't want to sugarcoat the deal for you. Plug away. You still have rights. One you don't is a visa for your SO or wife. Play their "Game", give them what they want. The hard part is finding out what that is.

[benc]

benc, How come they don't tell you? I don't know. Is there a way to find out before the file is sent back? Again I am sorry to say I don't know. And now comes the important #3. Maybe you will get something from USCIS like a NOA. They have it and will get around to it. All I've been reading lately seems like once the file gets back stateside, the petition gets lost until it expires. I don't want to sugarcoat the deal for you. Plug away. You still have rights. One you don't is a visa for your SO or wife. Play their "Game", give them what they want. The hard part is finding out what that is.

 

George, I was reading your time line. So what was the result of your interview in 07 ?

[georgeandli]

benc, Less than a month till 1st wedding anniversary. Fifth trip to GUZ for LiWen was the charm. Don't worry and plug on. There's only like maybe three other posters here with the bad taste of GUZ in their mouths

[chilton747]

How come GUZ don't tell you the reason why they denied you? Is there a way to find out the reason why before the file get sent back? And if it get sent back will they tell me the reason why it got denied?

 

benc I will tell you something. The reason they do not tell anyone the reason(s) for the denial is that they do not want to give away their trade secrets. If they did this then the scammers would get a leg up on them. I waited 18 months for GZ to send my denial back to the states and now it sits at the CSC just waiting to expire. Once the case has expired then you might can find out through the FOIA if you are lucky.

More that likely the reason the CSC lets the cases expire is because of two things. Most couples opt to marry and try the marriage visa or they just simply break up. The CSC puts these cases on low priority.

Also, the ones that have been fortunate enough to find out the VO's findings usually end up getting BS reasons. For example, one case I know of, the VO said that the couple had no form of communication. The interview was held in English and the woman had been an English teacher in China for 20 years.

 

I think it is in best interest of you and your woman to try and figure out the reasons between yourselves and plan for your future. Some of us have to wait longer than others and there is nothing we can do about it. Waiting is not so bad in the grand scheme if things.

 

Good luck!!

[tsap seui]

It's all about the DOS considering you guilty until you prove yerself innocent...oh, wait a minute, you don't get to prove yerself innocent...what the heck wuz I thinkin', with my the glass is half full thoughts?

 

Speculation and conjecture rule the day, and, THEY, are the rules.

 

My Congressional laison tried pulling favors from her contacts within the Chinese consulate and within the DOS in Washington....no one would tell her the vital TOP SECRET, key to america's SECURITY as a free nation, reason, for our denial.

 

Me, as a good amurican, ex-soldier, defender of the freedom for our leaders to flush our economy down the ol' terlet...heck, I jest eat the turd, with a goofy hillbilly grin on my face, and I keep on truckin', bubba.

 

Feets, don't fail me now.

 

tsap seui

[splinterman]

Georgeandli, can you tell us the details and what happened in your case? There seems to be an ever-increasing number of us who are landing in the same boat.

 

The point was made that if you get the white on a K-1, and you opt for a K-3 or CR-1, the reasons that killed the K-1 could also be a factor in the K-3/CR-1 filing.

 

Has anyone out there ever gotten a white on a K-1 and had USCIS re-affirm the petition, had it sent back to GUZ, and then been successful in getting a pink on that petition? Has anyone gone this route and even gotten a 2nd K-1 interview after their petition was returned to GUZ?

 

One last question: does anyone have any idea how long the current acting chief of the IV section has been in that position or have noticed when the rules seemed to change at GUZ?

[benc]

How come GUZ don't tell you the reason why they denied you? Is there a way to find out the reason why before the file get sent back? And if it get sent back will they tell me the reason why it got denied?

 

benc I will tell you something. The reason they do not tell anyone the reason(s) for the denial is that they do not want to give away their trade secrets. If they did this then the scammers would get a leg up on them. I waited 18 months for GZ to send my denial back to the states and now it sits at the CSC just waiting to expire. Once the case has expired then you might can find out through the FOIA if you are lucky.

More that likely the reason the CSC lets the cases expire is because of two things. Most couples opt to marry and try the marriage visa or they just simply break up. The CSC puts these cases on low priority.

Also, the ones that have been fortunate enough to find out the VO's findings usually end up getting BS reasons. For example, one case I know of, the VO said that the couple had no form of communication. The interview was held in English and the woman had been an English teacher in China for 20 years.

 

I think it is in best interest of you and your woman to try and figure out the reasons between yourselves and plan for your future. Some of us have to wait longer than others and there is nothing we can do about it. Waiting is not so bad in the grand scheme if things.

 

Good luck!!

 

 

I want to get marry, and i would do it in a heartbeat. but without finding what kill my k1 will kill my CR1. i think i will work with Marc to see what can be done. thx for your comment.. i feel less frustrated and start to think what's my next move in this long Chinese Chess Game.

[Stepbrow]

You guys are facing a tough road, but you know that now. You can fight the process. We have a link here on CFL which guides you to some court cases for the K-1 petitions. Go to VISA PROCESS>Interview Results>/Bonifide relationship(pinned, at top)So here is proof that NOIDS can be overcome.

 

Also, for those wishing to learn more about how to overcome NOIDS,you can use this link to the FBI (Family Based Immigration) It is pretty detailed, but worth the read.

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

 

Good luck to you.

[georgeandli]

splinterman, The details are very boring. My wife[i pinch myself when I say it] did the K-1 interview. She went back twice with overcome materials. We got the "white" NOID. Somehow I got the denial packet from GUZ listing the reasons for denial. I wrote a letter Lincoln, Neb. where the original petition was filed disputing GUZs findings. USCIS reaffirmed the petition and sent it back to GUZ. Another interview and she got the visa. Did I mention 3 or so years, petition lost in the states.... None of it matters if you are sure what you want and are willing to go to the wall for it.

[splinterman]

georgeandli, about how long did it take for your file to get back to USCIS after your NOID?

 

Also, after USCIS re-affirmed your petition did they send the actual file back to GUZ or did they just send an order to re-interview? I was wondering how long it took from the time of the USCIS re-approval to the time of the next GUZ interview...?

[chilton747]

georgeandli, about how long did it take for your file to get back to USCIS after your NOID?

 

Also, after USCIS re-affirmed your petition did they send the actual file back to GUZ or did they just send an order to re-interview? I was wondering how long it took from the time of the USCIS re-approval to the time of the next GUZ interview...?

 

 

The answer to two of your three questions are in his timeline.

[georgeandli]

I'm not sure if the acual "file" was sent back stateside. I would guess at least a copy was. It doesn't matter IMHO. The only thing you want out of it is the paper that gives the specific reason for denial.