Denied K1 at Gz. What next?

[Michael&Guiying]

My heartbroken Guiying called last night and told me she'd been denied her visa. At this moment she is traveling by bus for Guilin. So far, from what I gathered from her call, she was denied because of inadequate proof of relationship and because there were no tax returns.

 

The proof of relationship that was submitted was several photos of us together, Western Union receipts, A certified and notarized letter from the director of, and my doctor from the 181 Hospital of the P.L.A. stating I was a patient there for 5 1/2 months and that my fiance Guiying was with me the entire time (I stayed there last year for treatment of severe arthritis), my life insurance policies stating Guiying was beneficiary, and several letters from members of my family stating they knew firsthand of our relationship and anxiously await her arrival.

 

The reason for no tax returns is because there aren't any to send. I am 55 years old and on Social Security disability. It doesn't quite cover the minimum requirements ($13,000 yearly) but I enclosed a letter from Bank of America stating I have over $16,000 in checking and over $70,000 in savings. (Also keep in mind my insurance policies that would take care of Guiying in the event something happen to me)

 

My question is now what do I do? I have been told by a member of the Yahoo Asian-American forum I need to act fast to keep our case from coming back to the USA. I don't know what to do next but we are not about to give up! Hope someone here can guide us. Thanks to all of you in advance.

 

Michael&Guiying

Edited August 27, 2008 by Michael&Guiying (see edit history)

[dale7570]

My heartbroken Guiying called last night and told me she'd been denied her visa. At this moment she is traveling by bus for Guilin. So far, from what I gathered from her call, she was denied because of inadequate proof of relationship and because there were no tax returns.

 

The proof of relationship that was submitted was several photos of us together, Western Union receipts, A certified and notarized letter from the director of, and my doctor from the 181 Hospital of the P.L.A. stating I was a patient there for 5 1/2 months and that my fiance Guiying was with me the entire time (I stayed there last year for treatment of severe arthritis), my life insurance policies stating Guiying was beneficiary, and several letters from members of my family stating they knew firsthand of our relationship and anxiously await her arrival.

 

The reason for no tax returns is because there aren't any to send. I am 55 years old and on Social Security disability. It doesn't quite cover the minimum requirements ($13,000 yearly) but I enclosed a letter from Bank of America stating I have over $16,000 in checking and over $70,000 in savings. (Also keep in mind my insurance policies that would take care of Guiying in the event something happen to me)

 

My question is now what do I do? I have ben told by a member of the Yahoo Asian-American forum I need to act fast to keep our case from coming back to the USA. I don't know what to do next but we are not about to give up! Hope someone here can guide us. Thanks to all of you in advance.

 

Michael&Guiying

 

sorry to hear about the denial. we need a little more info to be able to help you. did your fiancee receive a blue slip or white slip? if its blue what documents do they ask for? if its white you can either get married and file for a spouse visa or wait until your petition is returned to the states and try to get your petition re-affirmed.

[Randy W]

File your tax returns, and make copies.

 

There is no penalty for filing late, since you owe nothing!

 

When they ask for something, you need to provide it no matter how silly it may seem.

 

It's just a hoop to jump through.

[Sebastian]

Michael - if it's a blue slip, then she'll have a chance to submit the overcome evidence. And in this case, there's already enough evidence - 70K in savings hits the mark for assets test . You might want to write a one-page letter explaining this, no longer than one page. Also, do what Randy says, file yer tax returns and get copies to yer lass asap.

 

BUT - if it was a white slip, with NOID stamped on it - Notice of Intent to Deny - then you are stuck. Or Almost Stuck.

 

The VO did not make time to go over all of the documents, imo, and if indeed it was a BLUE SLIP, then someone will make the time to re-review the evidence submitted FOR the blue slip overcome.

 

Tell us a little more, if possible?

 

Welcome to CFL !

 

Warmest Regards...

Edited August 27, 2008 by Darnell (see edit history)

[Michael&Guiying]

Michael - if it's a blue slip, then she'll have a chance to submit the overcome evidence. And in this case, there's already enough evidence - 70K in savings hits the mark for assets test . You might want to write a one-page letter explaining this, no longer than one page. Also, do what Randy says, file yer tax returns and get copies to yer lass asap.

 

BUT - if it was a white slip, with NOID stamped on it - Notice of Intent to Deny - then you are stuck. Or Almost Stuck.

 

The VO did not make time to go over all of the documents, imo, and if indeed it was a BLUE SLIP, then someone will make the time to re-review the evidence submitted FOR the blue slip overcome.

 

Tell us a little more, if possible?

 

Welcome to CFL !

 

Warmest Regards...

 

Many thanks to all of you. Guiying is on the bus going back home to Guilin as I write this. I'll have her scan whatever the VO gave her and I'll be getting back to you asap.

[dnoblett]

If it was a blue slip then it was not an outright denial, they will give you some time to overcome and provide them what they want.

 

Just provide them what they want.

 

You can file a late return to the IRS, I would have this year just to get the $600 stimulus payment. It is best to file a return every year even if you don't need to.

 

http://www.irs.gov/newsroom/article/0,,id=177937,00.html

 

I would also look into a joint sponsor for at least the K-1 visa, the person is only expected to support until the K-1 adjusts and gets green-card.

 

As for relationship evidence, provide more, like emails, letters, etc.

Edited August 27, 2008 by dnoblett (see edit history)

[Guest Rob & Jin]

Also if blue remember to fill out a I-134 if you didn't before.

[TheMace]

Hi Michael,

My fiancee Xianxiu and I are in the same situation. Xianxiu had her interview on 7 July 2007, she got a blue slip asking for the following information in addition to what we already furnished. The consulate wanted notorized statements of the following. My former wife was also Chinese, so they wanted a statement on how we met when we met when we married, when we divoced, where she lived now. They also requested these statements. How I met Xianxiu and when, when I visited her who paid for my trip to visit her and who accompained me. What we did while I was in Chongqing. With the exception of the information about my previous Chinese wife. We had submitted an almost years worth of chat logs from Aug 2007 until just before her interview on July 7. But we followed all the insturctions concerning the addintional information requested and sent them to Guangzhou. We then waited about a month and received a blue letter (not sure if the color means anything or not) but it stated that their findings were we did not have a bona fide relationship and that our papers were to be sent back to the US and once received in the US we would be notified. The papers would then be reviewed and possible revocation. I have been trying to find out what we can do also. The letter from the consulate states that we can not email, fax, write a letter or appear in person at the consulate. I was also told by people at Visa Journey to get a lawyer in Guangzhou to prevent our papers from being sent back. I have no idea how to do this or find a good lawyer in Guangzhou. Xianxiu lives in Chonggqing so it is no day trip for her to go to try to find a lawyer. What really stunk was she received this letter of denying the visa two days before her birthday. It was very difficult for me to try to maintain a smiling face when we chatted and I was trying to wish her a Happy Birthday. At this point we have no Idea what to do. We do not know how long is to long to find a lawyer in Guangzhou and if we do what the lawyer can do. The only thing we can think of that might be the reason was that I met Xianxiu in August 2007 on line, I went to visit her in October 2007, my divorce from my first Chinese wife was finalized on 23 November 2007 and I sent our I 129f papers in on 3 December 2007. In Feb 2008 we got the notice our papers were approved, then the notice our papers were sent to guangzhou and then her interview. This all happened so fast we were shocked. So I was not able to go to visit her again before her interview and we planned to have me come after her interview to celebrate her getting her visa, but instead we got the blue slip to provide the additional information and on 22 August we got the blue letter saying the visa was denied. We both feel your heartache, and we have no idea what to do. I was finally able to talk to a human at the state department who said I should wait for the papers return let the USCIS review them and maybe they would over rule the consulate and grant the visa. I asked if I should on my next trip to Chongqing marry Xianxiu then apply for a spousal visa and he said no because that would automatically revoke our finacee petittion. We are at witts end as to what we should do. We are not young she is 54 and retired. I am 59 and work in retail mgt. so we are not rich and can afford to waste what savings I have on a lawyer who may not be able to do anything. Xianxiu and I have decided that no matter what happens the next time I visit we will get married, and if we must wait for me to retire in 5 years and I move to China so we can be together that is what we will do. I will not allow some government clerk to keep us from being together. Well that is our horror story in dealing with the government. We are hanging on by a thread and hoping for a miracle.

I wish you and Guiying much good luck in getting her visa.

Gary

 

 

 

quote name='Michael&Guiying' date='Aug 27 2008, 09:28 AM' post='427724']

My heartbroken Guiying called last night and told me she'd been denied her visa. At this moment she is traveling by bus for Guilin. So far, from what I gathered from her call, she was denied because of inadequate proof of relationship and because there were no tax returns.

 

The proof of relationship that was submitted was several photos of us together, Western Union receipts, A certified and notarized letter from the director of, and my doctor from the 181 Hospital of the P.L.A. stating I was a patient there for 5 1/2 months and that my fiance Guiying was with me the entire time (I stayed there last year for treatment of severe arthritis), my life insurance policies stating Guiying was beneficiary, and several letters from members of my family stating they knew firsthand of our relationship and anxiously await her arrival.

 

The reason for no tax returns is because there aren't any to send. I am 55 years old and on Social Security disability. It doesn't quite cover the minimum requirements ($13,000 yearly) but I enclosed a letter from Bank of America stating I have over $16,000 in checking and over $70,000 in savings. (Also keep in mind my insurance policies that would take care of Guiying in the event something happen to me)

 

My question is now what do I do? I have ben told by a member of the Yahoo Asian-American forum I need to act fast to keep our case from coming back to the USA. I don't know what to do next but we are not about to give up! Hope someone here can guide us. Thanks to all of you in advance.

 

Michael&Guiying

[Randy W]

Gary - your petition has been "locked down" at the consulate. A lawyer there will do you no good. It will be returned to the states.

 

If the USCIS decides to rescind the approval, you will be notified by mail and givens chance to appear in court to oppose the recision. Do not miss the court appearance. A finding of fraud would be a disaster for your chances of ever getting a visa.

 

A ruling in your favor could mean the petition would be re-affirmed and sent back to GUZ for reconsideration.Or it may just die (this is the most likely)

Edited August 27, 2008 by Randy W (see edit history)

[Guest Rob & Jin]

Very sorry for your troubles

 

As Randy says, check your mail, dont miss the court date if you get one.

 

A "NOID for not bonefide" is by history (on this site) a "dead visa" USICS will just let it expire as they have no process to challenge the decision of the DOS visa officer.

 

The path most take if K-1, is to marry and file K3 or CR-1.

 

If your petition is CR-1 then "NOID" leaves you no where no go but to wait for court or file CR-1 again.

 

The problem is the original denial is on file, a difficult path, the thing to remember is you must address the denial in your new petition, you need to be "squared away" solid docs, solid evidence and a shit load of it.

 

Get a good immigration lawyer who understands denials and GUZ, not a crappy one in the usa (who advertises visa 100%) Marc Ellis and Peter Pagent have good reputations.

 

Wish you success and luck

[Michael&Guiying]

It was the white form.

 

Dear K Visa Applicant:

The Consulate is unable to issue you a K visa because, according to the section of the Immigration and Nationality Act,

section 221(g), you do not fulfill the eligibility requirements for the petitioned visa. The Consulate has determined, based

on your testimony, documents and any other evidence, that you do not have a bona fide relationship with your petitioner.

The Consulate will now return your case to the Homeland Security, Citizenship and Immigration Services of the U.S.

Department (CIS) for review and possible revocation. You will be infonncd by mail when the Consulate transfers the case

file back to CIS. Once your case has been transferred, please contact CIS for infonnation on your application. Processing

your case for return to CIS may take up to several months. Additional specific infonnation regarding the reasons for this

decision can only be acquired during CIS appeal process. Jfyou or your petitioner contacts the Consulate bye-mail, fax,

leiter, or in person, no specific infonnation will be provided nor will additional documents be accepted.

 

What is our next step???

[Sebastian]

You have two options, either/or (not both):

 

1. get an attorney in GUZ immediately, be prepared to spend between 5 to 10 thousand dollars. You have some hope whilst the case remains in GUZ. Once it leaves GUZ, a lawyer in GUZ is useless (imo).

 

2. send a letter to NVC and GUZ, abandoning the petition, and go back to china, get married, come back to usa, and file a I-130.

 

 

I am not a lawyer, nor do I play one on TV. Wash in Cold Water. YMMV.

[Guest Rob & Jin]

Best you need to contact by PM the others on this site who have experienced this, they have a load of knowledge (not posted) on this, you can tell your story all things to them (not publicly) and they will help.

 

good luck

[chilton747]

These denials go into lockdown status almost immediately. Although the files stay in GZ for an unspecified amount of time, it doesn't mean that it is accessible until it leaves GZ. You have 2 choices at this time. One is to wait out the file to return to the states where the USCIS "might" send you a letter giving you a chance to appeal, or get married and file a new petition. I would not notify GZ or the USCIS with the intentions of abandoning the K1. This could hurt you and cause what is called a hard finding which produces a 10 year ban. It doesn't always but it can happen. I personally know of 3 people that this has happened to.

I know of an attorney that is well versed in these types of situations. You can PM me if you like and I will discuss this with you further. I do know quite a bit about this as it happened to me also.

Good luck!!

Edited August 28, 2008 by chilton747 (see edit history)

[LeeFisher3]

You have two options, either/or (not both):

 

1. get an attorney in GUZ immediately, be prepared to spend between 5 to 10 thousand dollars. You have some hope whilst the case remains in GUZ. Once it leaves GUZ, a lawyer in GUZ is useless (imo).

 

2. send a letter to NVC and GUZ, abandoning the petition, and go back to china, get married, come back to usa, and file a I-130.

 

 

I am not a lawyer, nor do I play one on TV. Wash in Cold Water. YMMV.

Don't abandon the petition as suggested in item 2. Guz will send a NOID to NVC and it will be returned to the USCIS, if you send a letter it could result in an automatic denial, which is bad. You want the opportunity to contest their decision which can be overturned.

 

Even if you get married now, you need to contest their recommendation to deny and only then could you abandon the case.

 

The thing to remember is that Guz has made a recommendation and that is on the record, canceling after this only reinforces their recommendation with the USCIS and will haunt you in future visa attempts.