Denied K1 at Gz. What next?

[chilton747]

 

This is what I have decided to do though I have not talked to Xianxiu about it yet, I was hoping to get some replies from people who also had the blue denial letter sent to them and followed it through to the end with going to appeal the consulates decision and won. However I have heard it can take as little as three months to two years before our papers are ever back in the hands of the USCIS.which now translates to me as Usless Service Causing Insanity and Suffering.

 

 

There IS NO appealing the consulate's decision. What HAS HAPPENED (Goerge&Li) is that they were white-slipped, it was returned to the USCIS and they got a court hearing. The case was won, and the USCIS re-affirmed the PETITION and returned it to GUZ. It is STILL up to the consulate to decide whether to issue a visa, or not. FOR THIS ONE CASE (very rare) they decided to issue the visa.

 

But the appeal ONLY concerns the petition, not the visa.

 

Randy nailed it on the head with his post.

 

 

Keep your patience and don't do ANYTHING rash guys. Don't stop your K-1's, you may NEVER hear from the USCIS on them, but don't YOU stop them.

 

chilton747 (Charles) can tell you what he has done and is doing after his K-1 denial, and he and his lady are maried now with a new interview coming up later this year for a CR-1/IR-1 (married) type visa.

 

 

There is NO recourse with a denial from GUZ other than wait. We were AP blue slipped in July 2007 and waited 10 months to get denied in May 2008. We never got asked a question the whole time and 2 different congressmens inquirys, faxes to the consulor general and IV unit chief, and over 60 e-mails to GUZ were a total waste of time...other than making me feel like I was doing my best.

 

As I see it there are only two options.

 

1) Stay in america and try a married type visa......Charles is doing this one right now. It takes a long time as he will tell you.

 

2) Go get married and live your bona fide relationship in China, if you can. This is the shortest and surest timeline to be with your woman. You have control of your own lives for a change with no third party intervention from the american government and you can always do a DCF from China....if you feel like it later.

 

Good luck to both of you guys and you're ladies. I well understand your pain. It's a real shady racket the american government has got going on in Guangzhou, China.

 

tsap seui

 

And I want to add to Tsap's post, if we get turned down for the IR1 then I will be in China right along with Cuzin Tsap, perhaps for the rest of my life.

GZ decides who an who can't get a visa but they can't keep us apart indefinitely. These things take time so it is up to you and your fiancee as to how much time it takes until you can't be apart any longer.

When your fiancee gets over the shock and lose of face then she will bounce back and you two can make new plans. I'm sure she will have some good ideas.

 

Good luck!!

[georgeandli]

Yes Li and I got the White NOID. GUZ[DOS] denies and sends petition back to USCIS for review and "possible" revocation. That sounded like a turf war to me. I sent in more evidence of the "bone fide" relationship and a two page rebuttal letter by mail to the head of the USCIS office in Lincoln, Nebraska. That was where we filed originally. And it took a LOT of Canadian Club to wash the taste of that one out of my mouth.

[C4Racer]

Michael,

 

Question regarding your diability. Could you still collect if you were living in China? This would be an alternative to fighting with lawyers and spending lots of $$$ or waiting patiently while being separated. A lot less expensive and the two of you would be together.

 

You could move to China, get married, live there for a couple of years and then file an I-130 for her.

 

I have a friend who is moving to China to teach for a year. He said, after checking with Bank of America, it is easy to have his retirement checks depsoited into his US checking account and monthly have a preset amount tranferred to his China account. Also, tranfer cost is very little

[Randy W]

Respectfully Randy W, That did not happen in my case. NO court hearing. I/We played out the denial [White].

 

 

Yeah I remember now - I think your's was settle without a court hearing - just through the mail?

 

Randy, it is my understanding that the issuance of a NOID is not settled with a court hearing. The court hearing only comes if the USCIS coincides with GZ and an appeal is necessary.

 

Yes - it's the revocation of the petition that you need to be concerned about. My understanding is that this would ONLY happen in court