300 days since our interview

[ameriken]

Hey ol' buddy....the stress is over. I am now gettin' ready to kick back and hang my hammock between two trees somewhere in downtown Chinatucky as I have been placed in the Department of State's...

 

"Patriot Forced Relocation Program"

Point of Entry: Beijing

 

No worries, mate!!

 

tsap seui

 

Have terlet seat

Will travel

You'll do OK, while none of us would ever want to go through what you've gone through, I do think many of us are envious of the wonderful opportunity you have to be going to China.

 

As the saying goes, you've turned lemons into lemonade......good luck!! Ken & Jie

[shyaushu]

Trap & your fiancee: you both know my wife and I know a fair amount about your situation and you both know we are with you all the way. But now it's on the Candle.

Edited June 16, 2008 by shyaushu (see edit history)

[homersimpsons]

Wow Tsap.......I've been busy and out of touch lately, and just read this entire post. I dont think I can say anything more than what has already been said except for one little tidbit.....

 

............dont ferget the terlet seat!!!!

 

Hey ol' buddy....the stress is over. I am now gettin' ready to kick back and hang my hammock between two trees somewhere in downtown Chinatucky as I have been placed in the Department of State's...

 

"Patriot Forced Relocation Program"

Point of Entry: Beijing

 

No worries, mate!!

 

 

tsap seui

 

Have terlet seat

Will travel

 

Enjoy your stay! Let us know how it works out for you.

[tsap seui]

Why do I smell 3rd party interference here?

 

 

Tsap Seui,

like many have written, i'm so sorry for all of the anguish, frustration, and sadness you and your fiancee have been through. good luck to you in china! it will be great getting to really know your fiancee's culture and family. i've been living in china for the last year or so and it's been a special time for us. i wish you guys all the happiness in the world! i thought you might be interested in this link listing the countries that PRC passport holders can travel to without a visa:

 

http://en.wikipedia.org/wiki/People's_..._China_passport

 

good luck and safe travels!

 

p.s. your sense of humor in the midst of hardship is truly inspirational, have you thought of writing a memoir while in china? travel memoirs, especially ones with a voice and perspective as funny and honest as yours, are hot right now and i think there would be a large audience for your writing!

 

Sorry, I missed your post A&P.

 

Thanks for your words, and for seeing my sense of humor in this black comedy written by Uncle Scam's flunkys.

 

If I didn't have my wacked out sense of humor to sustain me through this I would have gone up in a puff of smoke a long time ago.

 

I adopted my mental survival technique (sense of humor) from my experience in Vietnam, where I saw senior military officers LIE to their blind civilian brothers so they could get the permission to reek senseless havoc on the South and North Vietnamese people with a much more intense insanity and personal harm than this visa process. Not to mention what happened to us young foolish pawns sent to do their dirty work for them.

 

I'm just thankful to God that the DOS VO's didn't take my woman and I out back and murder us.

 

My fiancee and I are honest people, we have a very bona fide and loving relationship. We surely don't need clowns from a corrupt, decadent government to tell us if we are bona fide or not. Shucks, relying on what Uncle Scam said the truth was would be hilarious in it's owndamnself.

 

Good luck in your journey a&p, I think you have a very interesting story your own self.

 

tsap seui

 

Laughter is the best medicine

[griz326]

Good luck to you.

[tsap seui]

Thanks Griz.

 

And a hearty wish of good luck to you too!!! Brang 'er home buddy!!!!

 

tsap seui

[Starberry]

tsap seui,

you and your lady are so strong!

I real hope you will be fine. GUZ consulate is unfair sometimes, it waste our time, energy and money. It hurts us so much about our love. But it is realize world.

God bless you

[Vanessa S.]

you are so strong!! I wish you the best of luck! Im sorry you got a bitch for a VO whi interrogated your feance to no end..its not fair!

Hope this second time around your luck will change~

[tsap seui]

tsap seui,

you and your lady are so strong!

I real hope you will be fine. GUZ consulate is unfair sometimes, it waste our time, energy and money. It hurts us so much about our love. But it is realize world.

God bless you

 

Sweetcheery, thank you for your words. The hurt for us is over. It is 7 weeks since our denial, after those awful 300 days of waiting and it has been rare that the denial even comes up in our phone conversations, over the past several weeks.

 

I was sorry to see your denial and I have hoped that you and your boyfriend were okay.The shock and pain and anger will fade away for you both. You will be strong and work your way through this setback. Happiness will be yours to hold and enjoy.

 

It is not written anywhere that life is fair. Our happiness is soley up to us. Any of us could choose to be bitter or we can choose to be happy. Yes, those VO's in GUZ can be unfair..and much worse. I just look at them as "small" people who can make "big" decisions on people's lives. Those small people were DEAD WRONG in our case, and I thought they were wrong in your case also...but...it is what it ism kiddo....they did not kill any of us, they certainly can't stop our bona fide relationships All they have done in their lunacy is simply said where we couldn't have our bona fide relationships..

 

For us, and what we are doing now, our final outcome is going to be much better better for us as a couple and for our son's education, and WAY MORE lucrative for our bank account, than if they had just quickly given us a visa.

 

My lil' rabbit has just started, in the last two weeks, her own small business. I have helped her with ideas and advice, but she is th eone working HER plan. She used to be a nurse making 400-800rmb a month...within a month or so, she will be making 10,000rmb from her little entrprise. The lil' rabbit has the spirit of the entrepreneur ingrained in her, and she's marrying an entrepreneur.

 

Plus, soon the american government is going to be paying a lot of money for me to live in China. For the first time I will be able to write the books that have bounced around in my head for so long, but I was too busy working to write. I will have time to pick up my bass guitar after many years, and I may well find me some Chinese players to have some jam sessions with. And, if I feel like it...heck I will teach some english classes, at least enough to file a DCF CR-! application in 3 years from now...if we decide to.

 

That denial has only done one thing....it has opened up the door for much more personal and monetary opportunity for us than if we had just gotten a pink slip and run off to scratch out a living in america.

 

It's gonna be quite a fun and happy experience.

 

Good luck to you and your boyfriend Sweetcherry. Happiness is yours to make...not theirs' to take.

 

tsap seui

[tsap seui]

you are so strong!! I wish you the best of luck! Im sorry you got a bitch for a VO whi interrogated your feance to no end..its not fair!

Hope this second time around your luck will change~

 

Vanessa, I have loved looking at your photos and reading the happy words of your and your husbands life. He looks so happy and proud and of course your son is as cute as he can be.

 

Thank you for your kind words. To be honest with you, that bitch of a VO actually gave us a gift, as you'll see in my reply to sweetcherry. Our 12 year old son is in the best private school in his city, now, he will continue his first rate education. I was so worried for him coming here, and all the work, possibly mioving back to the Washington, DC area, that it was gonna take to keep what he has in China.

 

I'll let you in on a little secret...back in 1984 I had an interview a Veterans Administration shrink, and he was a BASTARD to me; and he denied my claim of PTSD. Well, now I have two lawyers, one of which was a Navy Seal, and they both strongly work as soldier's rights activists. By the time my case comes to another review, there will be over 300 months since that bastard interviewed me...and I've got over 300 sheets of evidence and documents, that start out in 1981. The VA pays it's service connected claims in monthly payments. First we are gonna get the 100% service connected claim, then we're going after those 300 months, or more.

 

Having assholes for interviewer's isn't neccessarially a bad thing. Until the DOS wrongly denied us, I hardly ever gave a VA service connected claim a second thought. When I was 20 and 21 years old, I got shot down 5 times as a helicopter pilot, trying to get wounded soldiers out of rice padies and triple canopy jungles in Vietnam and Cambodia. Until that american VO treated my woman and our son like they were less than human, and then gave us 300 days of extreme stress, with no reason ever given...I never thought about that bastard back in 1984.

 

Now, the Tiger is awake.

 

 

Good continued luck to you and hubby and children, Vanessa.

 

tsap seui

[spacebar]

Ummm I can only imagine if I had gone through the same situation you did Tsap. Who knows, I might be in China by now.

It really sounds like VO's in Guangzhou overstep their limits of power. It's really unfair because it's up to one VO to make the choice whether it's PINK, Blue, or White. I really think the whole interview process should make a couple of changes regarding who has the last say in the process. Maybe then , things would be a bit more fair.

Then , USCIS keeps it on hold for so damn long to give you a disappointing notice. It' s really f#$%$ed up.

Well, the bright side is you will be able to go to China and enjoy yourself there. Make the best of it and enjoy yourself to the fullest! You both deserve it after the hellish USCIS nightmare you both had to endure.

 

Good luck and best wishes to you!!

 

tsap seui,

you and your lady are so strong!

I real hope you will be fine. GUZ consulate is unfair sometimes, it waste our time, energy and money. It hurts us so much about our love. But it is realize world.

God bless you

 

Sweetcheery, thank you for your words. The hurt for us is over. It is 7 weeks since our denial, after those awful 300 days of waiting and it has been rare that the denial even comes up in our phone conversations, over the past several weeks.

 

I was sorry to see your denial and I have hoped that you and your boyfriend were okay.The shock and pain and anger will fade away for you both. You will be strong and work your way through this setback. Happiness will be yours to hold and enjoy.

 

It is not written anywhere that life is fair. Our happiness is soley up to us. Any of us could choose to be bitter or we can choose to be happy. Yes, those VO's in GUZ can be unfair..and much worse. I just look at them as "small" people who can make "big" decisions on people's lives. Those small people were DEAD WRONG in our case, and I thought they were wrong in your case also...but...it is what it ism kiddo....they did not kill any of us, they certainly can't stop our bona fide relationships All they have done in their lunacy is simply said where we couldn't have our bona fide relationships..

 

For us, and what we are doing now, our final outcome is going to be much better better for us as a couple and for our son's education, and WAY MORE lucrative for our bank account, than if they had just quickly given us a visa.

 

My lil' rabbit has just started, in the last two weeks, her own small business. I have helped her with ideas and advice, but she is th eone working HER plan. She used to be a nurse making 400-800rmb a month...within a month or so, she will be making 10,000rmb from her little entrprise. The lil' rabbit has the spirit of the entrepreneur ingrained in her, and she's marrying an entrepreneur.

 

Plus, soon the american government is going to be paying a lot of money for me to live in China. For the first time I will be able to write the books that have bounced around in my head for so long, but I was too busy working to write. I will have time to pick up my bass guitar after many years, and I may well find me some Chinese players to have some jam sessions with. And, if I feel like it...heck I will teach some english classes, at least enough to file a DCF CR-! application in 3 years from now...if we decide to.

 

That denial has only done one thing....it has opened up the door for much more personal and monetary opportunity for us than if we had just gotten a pink slip and run off to scratch out a living in america.

 

It's gonna be quite a fun and happy experience.

 

Good luck to you and your boyfriend Sweetcherry. Happiness is yours to make...not theirs' to take.

 

tsap seui

[Stepbrow]

Hi Tsap and guys. On the FBI website someone posted a link to appeals of decisions denying K-1 petitions. Here is the link: http://www.uscis.gov/uscis-ext-templating/...errFrameset.jsp

Scroll down to D6, then go to 2007. This case is dated Jan. 8th, 07.It is very clear on what the requirements are: You met in the past 2 years, you are free to marry, and you have the intention. No "Bonifide Relationship" needs to be proven. I believe that this proves that there was no grounds for your denial based on "no bonifide relationship!"

PUBLIC COPY

U.S. Department of IEomeland Security

20 Mass. Ave., N.W., Rm. 3000

Washington, DC 20529

U.S. Citizenship

and Immigration

k

FILE: Office: NEBRASKA SERVICE CENTER Date:

LIN 05 023 53986 JAN 0 8 2007

PETITION: Petition for Alien Fiance(e) Pursuant to Section 101(a)(15)(K) of the Immigration and

Nationality Act, 8 U.S.C. 5 1 101 (a)(lS)(K)

ON BEHALF OF PETITIONER:

INSTRUCTIONS:

This is the decision in your case. All documents have been returned to the office that originally decided your

case. Any further inquiry must be made to that office.

Robert P. Wiemann, Chief

Administrative Appeals Office

Page 2

DISCUSSION: The Director, Nebraska Service Center approved the nonimmigrant visa petition but

subsequently revoked that approval. The matter is now before the Administrative Appeals Oflice (AAO) on

appeal. The appeal will be sustained. The director's revocation of the approved petition will be withdrawn.

The petitioner is a citizen of the United States who seeks to classify the beneficiary, a native and citizen of

Albania, as the fiancke of a United States citizen pursuant to section 1 Ol(a)(l 5)(K) of the Immigration and

Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(15)(K).

The director revoked the nonimmigrant petition after determining that the petitioner had failed to submit

sufficient evidence to establish that she and the beneficiary had a "bonafide relationship." The director cited

concerns raised by the beneficiary's interview with a consular officer at the U.S. Embassy in Tirana, Albania,

subsequent to Citizenship and Immigration Services' (CIS) approval of the petition benefiting him. Decision of

the Director, dated April 3, 2006.

The issue before the AAO is whether the petitioner has overcome the grounds for revocation.

Section 1 Ol(a)(l 5)(K) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 101(a)(15)(K), provides

nonimmigrant classification to an alien who:

(i) is the fiance(e) of a U.S. citizen and who seeks to enter the United States solely to conclude a

valid marriage with that citizen within 90 days after admission;

(ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the

beneficiary of a petition to accord a status under section 201(B)(2)(A)(i) that was filed under

section 204 by the petitioner, and seeks to enter the United States to await the approval of such

petition and the availability to the alien of an immigrant visa; or

(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following

to join, the alien.

Section 214(d) of the Act, 8 U.S.C. 5 1 184(d), states, in pertinent part, that a fianck(e) petition:

. . . shall be approved only after satisfactory evidence is submitted by the petitioner to establish

that the parties have previously met in person within two years before the date of filing the

petition, have a bona fide intention to marry, and are legally able and actually willing to conclude

a valid marriage in the United States within a period of ninety days after the alien's arrival. . . .

The petitioner filed the Petition for Alien Fiance(e) (Form I-129F) with Citizenship and Immigration Services on

November 1, 2004. It was approved by the director on February 11, 2005, but returned to CIS following the

beneficiary's interview at the U.S. Embassy in Tirana on August 26, 2005. The Department of State consular

officer who conducted the interview determined that the beneficiary was not eligible to receive a visa because his

relationship to the petitioner was not "bonafide" and he, therefore, did not have "the required family relationship

or civil status to qualify for the immigration category sought."

The director issued a notice of intent to deny, requiring the petitioner to submit evidence within 60 days to

establish her relationship with the beneficiary. Decision of the Director, dated November 15, 2005. The

Page 3

petitioner responded to the director's request on January 4, 2006. The materials provided by the petitioner to

establish the genuineness of her relationship with the beneficiary included: a letter written by the petitioner

stating her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent

money to the beneficiary.

On April 3, 2006, the director revoked approval of the Form 1-129, stating that, the petitioner had failed to

respond to the Service's request for evidence. On appeal, counsel asserts that the petitioner had timely submitted

additional evidence and provides the USCIS Case Status printout in support of this assertion. Form I-290B. As

the USCIS Case Status printout shows, the applicant submitted additional evidence on January 4,2006. As such,

the AAO will consider the evidence to be timely. Counsel re-submitted the letter written by the petitioner stating

her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent money

to the beneficiary.

Section 214(d) of the Act states that CIS shall approve the Form I-129F when a petitioner submits evidence to

establish that helshe and the beneficiary have met within the two-year period immediately the filing of the Form

I-129F, have a bonafide intention to marry and are legally able and willing to marry within 90 days of the

beneficiary's arrival in the United States. In revoking the instant petition, the director appears to have imposed an

additional requirement on the petitioner - establishing the genuineness of her relationship to the beneficiary.

However, no such requirement exists for the approval of a Form I-129F and the AAO finds the director to have

erred in imposing it. While section 2 14(d) of the Act stipulates that the petitioner must establish that she and the

beneficiary have a bonafide intention to marry, this language is not synonymous with a requirement that the

petitioner establish the closeness of their relationship. The AAO has found nothing in the record to indicate the

petitioner and beneficiary do not intend to marry within 90 days of the beneficiary's arrival in the United States.

The AAO notes the concerns expressed by the consular officer and, subsequently, the director regarding the

beneficiary's lack of a close relationship to the petitioner. However, as just noted, section 214(d) of the Act does

not require the beneficiary to be knowledgeable regarding the petitioner or her history, nor that CIS evaluate the

closeness of the fiance(e) relationship before approving the petitioner's Form I-129F. Instead, it allows for the

approval of the Form I-129F when the petitioner and beneficiary have met no more than once during the two-year

period preceding the date of filing and may never have met previously. Accordingly, the reservations expressed

by the consular officer and the director are not probative for the purposes of these proceedings.

The director's revocation of the instant petition is based solely on the petitioner's failure to submit sufficient

evidence to establish the genuineness of his relationship to the beneficiary. As the director erred in imposing such

a requirement on the petitioner, the AAO finds the petitioner to have overcome the basis for the director's

revocation of the instant petition. Accordingly, the AAO will sustain the petitioner's appeal and withdraw the

director's revocation of the petition.

The burden of proof in these proceedings rests solely with the petitioner. Section 29 1 of the Act, 8 U.S.C. 5 136 1.

The petitioner has sustained that burden.

ORDER: The appeal is sustained. The revocation is withdrawn. The petition is approved.

[georgeandli]

The last post with the link was how I "attacked" the denial Li and I got. The copy of the denial letter from GUZ made it seem [at least to me] that they were holding us to the "marriage" standard. It's a K-1 for pity sake. If they're afraid a K-1 is going to disappear once they get here, then say so. I would have gladly posted a "security bond" or something along those lines. I for one didn't want Li to get here and want to jump on the first plane back. Isn't that what the 90 days is for?