Headed back to Chongqing to marry my fiancee after we were denied the

[TheMace]

We are not sure if this will convince GUZ that we have a bona fide relationship. This was the reason they denied the I-129 (not a bona fide relationship) in August 2008. My fiancee and I are clueless on why they made that decission.

Anyway I would like to hear from anyone who married their fiancee in China. I understand we must go to the US Consulate in Chengdu before we can get married in Chongqing. However we are not sure what paper work other than our divorce papers from previous marriage showing our divorces we need to bring to the consulate. Also what does the Consulate in Chengdu actually do? Does the Consulate give us some type of form that states we are free to marry each other?

We want to be completely prepared when we reach the consulate, and have all needed papers to present to them. We have a limited window on the days we can go to Chengdu, because they will be closed Oct 13 for US Holiday and are closed on Wednesdays, and are only open from 1pm to 3pm on Tuesday and Thursday. They are also open on Friday, but that is cutting it a little to close.

Any and all help with this would be great.

 

Thanks, Gary

[dnoblett]

Only US citizen needs to visit the US consulate for a Certificate of Marriageability.

 

http://chengdu.usembassy-china.org.cn/marr..._in_china2.html

[CoolGT]

gl to you, marry in china is really easy.

 

but the i130 will not be any different than the i129

[dnoblett]

gl to you, marry in china is really easy.

 

but the i130 will not be any different than the i129

True,

 

You stand a chance of having to deal with the first case denial.

 

This one has been written about, sounds much like this scenario:

 

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]

 

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

 

The thrust of this article is to get your ducks in a row BEFORE the I-129F is sent in - you're already past that stage.

 

The next thing that would happen in that scenario is that you would receive a Hearing Notice in the mail. If you fail to respond to that notice, that is where the 212(a)(6)(c )(i) finding MIGHT kick in.

 

What you need to do for now is WATCH YOUR MAILBOX for any notices from the USCIS concerning you original I-129F.

[chilton747]

Just in case you haven't read this: http://candleforlove.com/forums/index.php?...st&p=243890

 

Good luck!!

Edited September 5, 2008 by chilton747 (see edit history)

[Tim Murphy]

We are not sure if this will convince GUZ that we have a bona fide relationship. This was the reason they denied the I-129 (not a bona fide relationship) in August 2008. My fiancee and I are clueless on why they made that decission.

Anyway I would like to hear from anyone who married their fiancee in China. I understand we must go to the US Consulate in Chengdu before we can get married in Chongqing. However we are not sure what paper work other than our divorce papers from previous marriage showing our divorces we need to bring to the consulate. Also what does the Consulate in Chengdu actually do? Does the Consulate give us some type of form that states we are free to marry each other?

We want to be completely prepared when we reach the consulate, and have all needed papers to present to them. We have a limited window on the days we can go to Chengdu, because they will be closed Oct 13 for US Holiday and are closed on Wednesdays, and are only open from 1pm to 3pm on Tuesday and Thursday. They are also open on Friday, but that is cutting it a little to close.

Any and all help with this would be great.

 

Thanks, Gary

[Sebastian]

http://candleforlove.com/forums/index.php?...c=29341&hl=

 

Have a read - any questions, feel free to ask.

 

Good Luck !

[cjr818]

We are not sure if this will convince GUZ that we have a bona fide relationship. This was the reason they denied the I-129 (not a bona fide relationship) in August 2008. My fiancee and I are clueless on why they made that decission.

Anyway I would like to hear from anyone who married their fiancee in China. I understand we must go to the US Consulate in Chengdu before we can get married in Chongqing. However we are not sure what paper work other than our divorce papers from previous marriage showing our divorces we need to bring to the consulate. Also what does the Consulate in Chengdu actually do? Does the Consulate give us some type of form that states we are free to marry each other?

We want to be completely prepared when we reach the consulate, and have all needed papers to present to them. We have a limited window on the days we can go to Chengdu, because they will be closed Oct 13 for US Holiday and are closed on Wednesdays, and are only open from 1pm to 3pm on Tuesday and Thursday. They are also open on Friday, but that is cutting it a little to close.

Any and all help with this would be great.

 

Thanks, Gary

 

Gary,

 

I know the feelings that you must be experiencing at this moment. I have been a situation much like your own. I first applied for a Fiancee' visa for my girl, and it was processed through the normal procedures and it was approved from DHS and sent to Guangzhou for an interview. However at the time of the schedule interview my girl was already enrolled in training for 6 months, she was not able to make it to the interview and certainly did not have the support information she needed to present to the Visa Officer at the consulate. I had written to the Consulate in Guangzhou to request an extension of her visa due to the poor timing, and a the reply that I got was that the VO was able to extend the validity period of the visa. The following year we got married in Chongqing, and obtained a marriage certificate, two passport sized red books, (marriage certificates) in Chinese. We had the marriage certificate translated in English and nortarized.

 

I then filed a petition I-130, it was processed and approved, sent along to the Guangzhou Consulate, and we waited for approval notice and interview notice to arrive. When we arrived at Guangzhou for my wife's interview. I had already prepared a briefcase full of supporting documentation, I had prepared copies of our chat history, telephone call logs, telephone bills, copies of letters that was sent to/from my wife and myself.

 

We had selected the best pictures of us taken together out of our selection of a few thousand pictures taken since we've first met. The ones that the Visa Officer was most interested in the pictures taken with family and relatives in them.

 

The Visa Officer was a woman she did ask about my wife's previous Fiancee Visa, why we did not complete it, and my wife stated that at the time it was approved for the interview, it was impossible for her to travel to Guangzhou, and perhaps what was more important was that the timing of the interview was when there was the SARS outbreak in Guangzhou.

 

She also asked for copies of my Affidivat of Support for the past three years. She gave those a quick glance over and then said to my wife, "Congratulations you pass your interview."

 

The Visa Officer, never questioned our previous Fiancee Visa, perhaps because there was never any doubt of bona fide relationship. What help was that when I sent the first fiancee visa application form I-129F, was that I wrote a 10 page letter stating how we met, what we did together, how often we talked. A complete timeline history of events and pictures showing the timeline history.

 

If you have some questions please ask.

[cjr818]

We are not sure if this will convince GUZ that we have a bona fide relationship. This was the reason they denied the I-129 (not a bona fide relationship) in August 2008. My fiancee and I are clueless on why they made that decission.

Anyway I would like to hear from anyone who married their fiancee in China. I understand we must go to the US Consulate in Chengdu before we can get married in Chongqing. However we are not sure what paper work other than our divorce papers from previous marriage showing our divorces we need to bring to the consulate. Also what does the Consulate in Chengdu actually do? Does the Consulate give us some type of form that states we are free to marry each other?

We want to be completely prepared when we reach the consulate, and have all needed papers to present to them. We have a limited window on the days we can go to Chengdu, because they will be closed Oct 13 for US Holiday and are closed on Wednesdays, and are only open from 1pm to 3pm on Tuesday and Thursday. They are also open on Friday, but that is cutting it a little to close.

Any and all help with this would be great.

 

Thanks, Gary

 

Gary,

 

I forgot to mention that you need to get a Certificate of Marriageability at the Consulate. When I got mine, it was $25USD, they just ask you to sign a form stating your intent to marry your fiancee. It shouldn't take more than 30 minutes to have that in hand. The Chengdu Consulate will give you it. You will need to bring your fiancee's ID card with you so they get her name right and the ID number.

 

When I got my certficate, I arrived at the Chengdu Consulate at about 4:30PM and was able to get it the same day just after 5PM.

[sleepless in Houston&CQ]

I don't think you need go to the US consulate in Chengdu if you get your paper done in the USA. My husband and I got married in Chongqing in 2005. The procedure was very simple if you have the correct documents. Please PM us. My husband can tell you what kind paper you need prepare and how to get it done. Or you can ask your fiancee PM me. I'll tell her what she needs do before you get there.

Good Luck!

Bobby's wife Emma

Edited October 17, 2008 by sleepless in Houston&CQ (see edit history)