What can I do now?

[Starberry]

Hello, everyone.

 

I wrote about my interview here several weeks ago. Thanks for your help.

Today I received an email form GuangzhouIV.

 

Dear Ms. XXXXX,

 

We have returned your case to the USCIS via NVC for review and possible revocation. A notice is sent to you by mail. You are welcome to contactus again if you do not receive it in two weeks.

 

Immigrant Visa Unit

U.S. Consulate General

Guangzhou1 Shamian South Street

Guangzhou, Guangdong 510133

PRC

Fax: 86-20-38844412

 

My interview was on Jun.3.2008. I was denied because my fiancee and I are too young and with no real income.

 

I want to know what can I do during the case returning?

 

Thanks a lot.

[Guest WenDylan]

Hello, everyone.

 

I wrote about my interview here several weeks ago. Thanks for your help.

Today I received an email form GuangzhouIV.

 

Dear Ms. XXXXX,

 

We have returned your case to the USCIS via NVC for review and possible revocation. A notice is sent to you by mail. You are welcome to contactus again if you do not receive it in two weeks.

 

Immigrant Visa Unit

U.S. Consulate General

Guangzhou1 Shamian South Street

Guangzhou, Guangdong 510133

PRC

Fax: 86-20-38844412

 

My interview was on Jun.3.2008. I was denied because my fiancee and I are too young and with no real income.

 

I want to know what can I do during the case returning?

 

Thanks a lot.

 

http://candleforlove.com/forums/index.php?showtopic=30084

[Guest Rob & Jin]

Unfortunatly if it has been returned there is nothing you can do but wait to hear from the service center which processed your petition.

 

You can get a good immigration attorney while you wait.

 

However it seems in most cases USCIS just let the petition expire without any appeal being done.It seems USCIS do not know what to do with cases deemed "not bonifide" by DOS.

 

I'm sure those with greater insight will PM you but it appears most marry and refile.

 

good luck to you

[Stepbrow]

Hello, everyone.

 

I wrote about my interview here several weeks ago. Thanks for your help.

Today I received an email form GuangzhouIV.

 

Dear Ms. XXXXX,

 

We have returned your case to the USCIS via NVC for review and possible revocation. A notice is sent to you by mail. You are welcome to contactus again if you do not receive it in two weeks.

 

Immigrant Visa Unit

U.S. Consulate General

Guangzhou1 Shamian South Street

Guangzhou, Guangdong 510133

PRC

Fax: 86-20-38844412

 

My interview was on Jun.3.2008. I was denied because my fiancee and I are too young and with no real income.

 

I want to know what can I do during the case returning?

 

Thanks a lot.

 

http://candleforlove.com/forums/index.php?showtopic=30084

 

WenDylan, Thanks for digging that out. It's good info.

[dnoblett]

If the case has been returned to USCIS, from what I read lately USCIS will close the case.

 

Two options, is to get a lawyer, and appeal the decision at USCIS and get it returned to GUZ.

 

OR

 

Many just marry and file a new petition for a CR-1 or K-3 visa, typically the prior K-1 case is revoked and closed.

 

Only problem may be if K-1 case has a mark of misrepresentation on it, this can come back to haunt any future petitions.

 

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

[Randy W]

What Dan is saying is to watch your mailbox for any notifications from USCIS. A revocation procedure begins with a Notice to Appear sent to your address.

[Vanessa S.]

Whats 'too young?' to them?

I was 20 and husband 24 when we got our pink......and they said nothing about our age...

[dnoblett]

Whats 'too young?' to them?

I was 20 and husband 24 when we got our pink......and they said nothing about our age...

Correct, you need to see exactly what was the reason for the NOID, age tends not to be the factor, unless, younger than mariage age in China and/or US citizen's home state.

 

There are a lot of factors that are considered such as ability to support, yet GUZ has been known to give a blue slip and request co-sponsor.

[Guest WenDylan]

Whats 'too young?' to them?

I was 20 and husband 24 when we got our pink......and they said nothing about our age...

Correct, you need to see exactly what was the reason for the NOID, age tends not to be the factor, unless, younger than mariage age in China and/or US citizen's home state.

 

There are a lot of factors that are considered such as ability to support, yet GUZ has been known to give a blue slip and request co-sponsor.

 

Age was not really the factor. The VO can say what he wants, but I am sure that this is what the VO saw...

 

The Petitioner is in school, no job.

The Petitioner's Co-Sponsor was not family.

 

So... the VO questions if the family supports the marriage, why do they not Co-Sponsor? In the eyes of the VO, if the application was approved, the Petitioner has no means to support the Beneficiary by the legal requirements, and if the Co-Sponsor is just a friend, it is likely that family does not support, and will not support the Beneficiary. This means the the US government would be liable for such expenses and support. This is likely a partial idea why the VO denied the application. Age, and love is not of importance. The VO even said that he didn't deny their love, he only asked that they return and apply later... when the Petitioner has a job that satisfies the legal requirements, or moves to proceed with a K3/CR1 with followed appropriate support.

 

I am by means no expert, and this is just my 2 cents. It is not my place to say it would have worked, or would have failed. I am perspectively seeing the situation for what factual elements existed. When I look at my own case, I look at the same key items. I am not really nervous, as much as I hope I do not overlook or make a mistake somewhere. I am 23, and my fiance is 21. By the time we get to the interview, she will be 22, and I will be 24. I consider us to be very young, and by no means do I (even with 2 jobs) make what the government requires for me. I too was in college prior to this year and so I never made that limit the government wants. However I do have the support of my family. My father and step-mother with whom I live with currently are helping to Co-Sponsor Wendy. At first they were skeptical of our relationship, but as time has proven and with the journey we have take together thus far has shown to them the light of our love. It was in that stage of out relationship that now my family shares with her and her family. It has brought us even closer together and I could never have seen such a change in people (talking about my very conservative American family), but the world is full of wonderful things!

 

It is the enduring spirit of love and life that will conquer all. As horrible as some things and events in life maybe, it is the individual will and determination of each individual to succeed. And to sweetcherry I say... PROVE THE VO wrong with his comments on the age, and complete the process within the limits of what they are requiring. Anything is possible if you see it so, and if indeed rightly you are justified. I hate to think of the situation, but this is far from a perfect world.

 

Do not give up, just take another turn in the road! You may have tried to to turn right and reached a dead end. Always know that there maybe a detour. Even if the journey is longer, and though you can't turn right, you just may have to turn left three times to get where you need to be.

 

With love and prayers... Dylan.

[Reddragon75]

I don't know everything about your case, but I did read your previous postings.

 

I would have to agree with Dylan. Although that is the reason they gave.... I don't really think it was due to the fact that you are too young. IMHO...it was because of the financial issues.

I am no expert either, and some here may say I am wrong, but I would think that USCIS would look more favorably to someone who's co-sponsor is a family member as opposed to a friend. Simply because it would show them that your family is willing to help and they support the relationship.

 

I am in the same boat as Dylan...I don't make the required income either...but my dad and stepmom are both willing to be the co-sponsor and they both make well above the poverty level. I am not saying that this will automatically guarantee an approval in my case, but I do think that it will show that I have support of my family.

 

Also...I am a college student as well, but I work 2 jobs which I think (hope) will help in MY case, but...by no means am I saying that YOU should go and get 2 jobs. As a matter of fact, I hope that you will both stay in school. I quit college when I was younger and never finished. I regretted that decision for a long time. Thankfully, I was recently able to return and finish my degree, but not everyone is able to get the opportunity that I had to go back.

 

As for your next course of action...I can't really help you there.

 

My thoughts are with you.

[Guest WenDylan]

I don't know everything about your case, but I did read your previous postings.

 

I would have to agree with Dylan. Although that is the reason they gave.... I don't really think it was due to the fact that you are too young. IMHO...it was because of the financial issues.

I am no expert either, and some here may say I am wrong, but I would think that USCIS would look more favorably to someone who's co-sponsor is a family member as opposed to a friend. Simply because it would show them that your family is willing to help and they support the relationship.

 

I am in the same boat as Dylan...I don't make the required income either...but my dad and stepmom are both willing to be the co-sponsor and they both make well above the poverty level. I am not saying that this will automatically guarantee an approval in my case, but I do think that it will show that I have support of my family.

 

Also...I am a college student as well, but I work 2 jobs which I think (hope) will help in MY case, but...by no means am I saying that YOU should go and get 2 jobs. As a matter of fact, I hope that you will both stay in school. I quit college when I was younger and never finished. I regretted that decision for a long time. Thankfully, I was recently able to return and finish my degree, but not everyone is able to get the opportunity that I had to go back.

 

As for your next course of action...I can't really help you there.

 

My thoughts are with you.

 

I wouldn't recommend 2 jobs either. I pull 30 hours each week at 1 job, and the other job I just go as needed now, when my employees step out of line or to finalize case work and legal junk. Maybe 1 day a week there, so I pull 40 now.

 

College is a good way to show that you are using your time wisely. Family support isn't just a sign that your family is behind you in your marriage. But to the real point it shows that they are there to back you in troubled times. How much can you really rely on a "friend"? In all reality I have good friends and bad friends. It isn't until you, or they need something that you really find out how good their word, or signature is. So this is quite the case breaker here. Family on the other hand will 90% or more of the time always come through in a bind.

 

[chilton747]

GZ will deny a case if the VO feels that the relationship will not last. I know this for a fact. Yes, it is against their rules as far as their foreign affairs manual tells them but they do it nonetheless. When the VO told you that you were too young, he was really saying that he thinks the relationship will not last. Don't be surprised if you wait a very long time to receive the NOID or if you receive it at all. If you choose to continue the relationship then you can file again at a later date. However, I would suggest getting married if that is what you want to do. But, IMHO, I would wait for at least a year after marriage before filing again. This will put more time into the relationship and give you a much better chance of success at the next interview and also net you an IR1 (entering the US after 2 years of marriage) which will net you a 10 year green card.

 

Good luck!!!

[Starberry]

Whats 'too young?' to them?

I was 20 and husband 24 when we got our pink......and they said nothing about our age...

Correct, you need to see exactly what was the reason for the NOID, age tends not to be the factor, unless, younger than mariage age in China and/or US citizen's home state.

 

There are a lot of factors that are considered such as ability to support, yet GUZ has been known to give a blue slip and request co-sponsor.

 

Age was not really the factor. The VO can say what he wants, but I am sure that this is what the VO saw...

 

The Petitioner is in school, no job.

The Petitioner's Co-Sponsor was not family.

 

So... the VO questions if the family supports the marriage, why do they not Co-Sponsor? In the eyes of the VO, if the application was approved, the Petitioner has no means to support the Beneficiary by the legal requirements, and if the Co-Sponsor is just a friend, it is likely that family does not support, and will not support the Beneficiary. This means the the US government would be liable for such expenses and support. This is likely a partial idea why the VO denied the application. Age, and love is not of importance. The VO even said that he didn't deny their love, he only asked that they return and apply later... when the Petitioner has a job that satisfies the legal requirements, or moves to proceed with a K3/CR1 with followed appropriate support.

 

I am by means no expert, and this is just my 2 cents. It is not my place to say it would have worked, or would have failed. I am perspectively seeing the situation for what factual elements existed. When I look at my own case, I look at the same key items. I am not really nervous, as much as I hope I do not overlook or make a mistake somewhere. I am 23, and my fiance is 21. By the time we get to the interview, she will be 22, and I will be 24. I consider us to be very young, and by no means do I (even with 2 jobs) make what the government requires for me. I too was in college prior to this year and so I never made that limit the government wants. However I do have the support of my family. My father and step-mother with whom I live with currently are helping to Co-Sponsor Wendy. At first they were skeptical of our relationship, but as time has proven and with the journey we have take together thus far has shown to them the light of our love. It was in that stage of out relationship that now my family shares with her and her family. It has brought us even closer together and I could never have seen such a change in people (talking about my very conservative American family), but the world is full of wonderful things!

 

It is the enduring spirit of love and life that will conquer all. As horrible as some things and events in life maybe, it is the individual will and determination of each individual to succeed. And to sweetcherry I say... PROVE THE VO wrong with his comments on the age, and complete the process within the limits of what they are requiring. Anything is possible if you see it so, and if indeed rightly you are justified. I hate to think of the situation, but this is far from a perfect world.

 

Do not give up, just take another turn in the road! You may have tried to to turn right and reached a dead end. Always know that there maybe a detour. Even if the journey is longer, and though you can't turn right, you just may have to turn left three times to get where you need to be.

 

With love and prayers... Dylan.

 

Thanks, Dylan.

 

I read your words for several times. It moved me so much. Thanks so much. I know love is not that easy sometimes. I should be brave to face the difficulties.

 

Bless you.

[Guest WenDylan]

Whats 'too young?' to them?

I was 20 and husband 24 when we got our pink......and they said nothing about our age...

Correct, you need to see exactly what was the reason for the NOID, age tends not to be the factor, unless, younger than mariage age in China and/or US citizen's home state.

 

There are a lot of factors that are considered such as ability to support, yet GUZ has been known to give a blue slip and request co-sponsor.

 

Age was not really the factor. The VO can say what he wants, but I am sure that this is what the VO saw...

 

The Petitioner is in school, no job.

The Petitioner's Co-Sponsor was not family.

 

So... the VO questions if the family supports the marriage, why do they not Co-Sponsor? In the eyes of the VO, if the application was approved, the Petitioner has no means to support the Beneficiary by the legal requirements, and if the Co-Sponsor is just a friend, it is likely that family does not support, and will not support the Beneficiary. This means the the US government would be liable for such expenses and support. This is likely a partial idea why the VO denied the application. Age, and love is not of importance. The VO even said that he didn't deny their love, he only asked that they return and apply later... when the Petitioner has a job that satisfies the legal requirements, or moves to proceed with a K3/CR1 with followed appropriate support.

 

I am by means no expert, and this is just my 2 cents. It is not my place to say it would have worked, or would have failed. I am perspectively seeing the situation for what factual elements existed. When I look at my own case, I look at the same key items. I am not really nervous, as much as I hope I do not overlook or make a mistake somewhere. I am 23, and my fiance is 21. By the time we get to the interview, she will be 22, and I will be 24. I consider us to be very young, and by no means do I (even with 2 jobs) make what the government requires for me. I too was in college prior to this year and so I never made that limit the government wants. However I do have the support of my family. My father and step-mother with whom I live with currently are helping to Co-Sponsor Wendy. At first they were skeptical of our relationship, but as time has proven and with the journey we have take together thus far has shown to them the light of our love. It was in that stage of out relationship that now my family shares with her and her family. It has brought us even closer together and I could never have seen such a change in people (talking about my very conservative American family), but the world is full of wonderful things!

 

It is the enduring spirit of love and life that will conquer all. As horrible as some things and events in life maybe, it is the individual will and determination of each individual to succeed. And to sweetcherry I say... PROVE THE VO wrong with his comments on the age, and complete the process within the limits of what they are requiring. Anything is possible if you see it so, and if indeed rightly you are justified. I hate to think of the situation, but this is far from a perfect world.

 

Do not give up, just take another turn in the road! You may have tried to to turn right and reached a dead end. Always know that there maybe a detour. Even if the journey is longer, and though you can't turn right, you just may have to turn left three times to get where you need to be.

 

With love and prayers... Dylan.

 

Thanks, Dylan.

 

I read your words for several times. It moved me so much. Thanks so much. I know love is not that easy sometimes. I should be brave to face the difficulties.

 

Bless you.

 

Love is definitely not easy, but if it was, would it be worth it? Sometimes it is in that long pursuit of happiness in which we are rewarded at the end. As long as you both do not give up, there is a solution. (It just might be hiding.)