No English, No K-1

[frank1538]

I have read of fiancees being denied a K-1 for failure to show an ability to communicate in English. The usual demand from the VO is a five minute video tape.

 

I have two questions of the group. The first is whether having a tape made in advance is a good precaution. I would think so. Having one available just in case might not be a bad idea. For those of us who are planning to be in Guangzhou during the interview phase, I guess this could be done in the days leading to the interview.

 

The second question is more computer technical. Does anyone know if it is possible to record the webcam chats (Yahoo, in my case)? I know I can do screen shots, but I don't know if it is possible to record (video and audio) the entire session.

 

Jingwen's English is passable, and we communicate just fine with a combination of English and Chinese, but she is so nervous about the interview. I worry that she may get flustered.

[Guest enight]

hi Frank, don't worry about it, in all the failed interview cases, if the fiance (American husband or fiance) went to consulate and talk to VO again, they would pass it.

 

so... if you are so worried about interview, you can company with your fiancee for interivew.

 

PS:.. I did capture video image on PC 2 years ago, it was simple, I think your webcam driver might provide this function (you don't need to record it when you are on yahoo chat window, you can do it by just run your webcam, much much better quality, and ask your fiancee does it in same way)

 

... big file though

[finenn]

I have read of fiancees being denied a K-1 for failure to show an ability to communicate in English.  The usual demand from the VO is a five minute video tape.

 

I've been hearing this too, and I would guess that the Consulate is doing this to try and curb visa fraud.

 

If that's true, then I got to thinking (dangerous I know), what do I have to help prove our case is not fraudulant?

 

I really do not want to start a lawyer vs non lawyer discussion. We've beat that dog already.

 

But, a copy of the G28 form is sent to the Consulate, according to my attorney, which is just , "A Form G-28 is a Form filed by lawyers to inform BCIS that they represent the party stated on the Form."

 

So, I'm wondering if the Guangzhou Consulate maybe, possibly, would think there is less risk involved of us committing fraud, thereby decreasing the chances of being "hassled". ?

[Dave G.]

I really do not want to start a lawyer vs non lawyer discussion. We've beat that dog already.

 

But, a copy of the G28 form is sent to the Consulate, according to my attorney, which is just , "A Form G-28 is a Form filed by lawyers to inform BCIS that they represent the party stated on the Form."

 

So, I'm wondering if the Guangzhou Consulate maybe, possibly, would think there is less risk involved of us committing fraud, thereby decreasing the chances of being "hassled".  ?

I'd love to beat on a dirty dog lawyer. Oops....I think I miss read your statement. Disregard.

 

Lawyers are happy to take anyone's money. Just because you have one doesn't mean jack. McVeigh had several. Did that make him any less guilty? I would think having a lawyer would suggest you have something to hide and are gearing up for a fight. Just my two cents.......

[finenn]

Lawyers are happy to take anyone's money.  Just because you have one doesn't mean jack.

Dave,

 

With all due respect, it may mean jack to Jack Interviewer, that's the question.

[Dave G.]

Lawyers are happy to take anyone's money.  Just because you have one doesn't mean jack.

Dave,

 

With all due respect, it may mean jack to Jack Interviewer, that's the question.

If I was Jack Interviewer and saw a lawyer was involved, I'd be more thorough and would be more likely to find something amiss. I believe people who are straight forward have no need for one. But, that's just me. Not to beat that dead horse again, I have yet to hear a story where a lawyer saved the day. They might have told a petitioner something they hadn't known. But, this information was also available on various gov websites.

 

Bottom line? Follow your heart and do what you believe is in your best interest. As long as it goes smoothly, who really cares if you use a lawyer or not? Do what feel is right and you'll be just fine.

[finenn]

If I was Jack Interviewer and saw a lawyer was involved, I'd be more thorough and would be more likely to find something amiss.  I believe people who are straight forward have no need for one.  

Thanks. Now it appears we are under more scrutiny. I guess if I was trying to commit fraud, or trying to hide something, if I was really smart, I would hire an attorney to make the case more credible. Yes I guess I have wasted my money, in fact, it's possible it has made things worse.

 

I guess we'll never know if it helps or not in the end.

[Guest jade_yan]

don't take the lawyer bashing too seriously. some use, some don't. some people do their own taxes, some don't. heck, a guy took out his own appendix using a mirror! that process may have been a little slower, I suppose.

[Dave G.]

If I was Jack Interviewer and saw a lawyer was involved, I'd be more thorough and would be more likely to find something amiss.  I believe people who are straight forward have no need for one.  

Thanks. Now it appears we are under more scrutiny. I guess if I was trying to commit fraud, or trying to hide something, if I was really smart, I would hire an attorney to make the case more credible. Yes I guess I have wasted my money, in fact, it's possible it has made things worse.

 

I guess we'll never know if it helps or not in the end.

Noooooooo.....it's just my opinion. I could be dead wrong. Getting a lawyer feels like life insurance for some. You hope you don't need it but if the day comes when you do, it's nice to have around.

[skrunks]

just my opinion here. But I think that lawyers help where they dot the I's and cross the Ts on the packets so you don't lose 30 or 60 days resubmitting a packet to the service center....or where your fiancee needs a lot of help prepping the paperwork (P3, P4) and you aren't able to do so. B4 I took this on, and did it myself, I read maybe 20 or 25 lawyer websites, and called and talked to about a dozen or so. The consensus Han Lin and I reached was that we could do everything a lawyer could do, but it would take more time on our part. Not sure how the consulate views the use of lawyers? however, as one told me, "we don't let any of our clients lose a K1 Visa case" I suppose that about says it all, eh? Then, when i was worried because it was taking so long, I almost hired a lawyer until the one I talked to said "you've already done the work, you would be paying us just to feel better and we're not in the business of taking your money for nothing". hmmmmmmm!

[carhil24]

Hello all,

 

I apologize for not being around for quite awhile, almost 5 months, but we have both been very busy since my wife and her daughter's arrival, and the free time that was so readily available before, is not so readily available now. I am not sure how some of you guys get away being on the computer so much!

 

Anyway, in response to this thread. My wife (fiancee at that time) also could not speak much English at that time, very little in fact. I was lucky because I could speak a fair amount of Chinese, and that helped our communication immensely. We had heard all of the rumours about K-1 cases being turned down, so what I did was get a notarized letter from a Chinese couple who were friends of mine, stating that I could speak Chinese fluently (a small white lie, perhaps). But I think what really helped was the fact that I was at the Consulate during the interview. Her interviewer asked her the usual questions, how did we meet, when did I come to China, etc, and after realizing that she could not speak much English, he asked her if I could speak Chinese. She said, yes, very much. And he asked her how many times I had been to China. She said, 4 times, and that "he is outside waiting for me right now." The guy looked at her and said, "He is outside right now?" She affirmed that, and he looked at her and smiled and said, "OK!", and proceeded to process the paperwork. By the way, he did not even look at our notarized letters, but having them made me feel a lot more secure.

 

Regarding lawyers: I used a lawyer and I tend to agree with those who believe that by using one, it somewhat helps the interviewer to feel more secure about the validity of the petition, since it usually runs approximately 2K. Of course we will never know for sure, but that's my gut feeling. The firm we used is from So Ca and only handles immigration cases. I know for a fact that they have handled hundreds of cases through GZ, and have never been turned down. By the way, one of the partner's wife is also a Chinese immigrant, which I felt was helpful. They will also allow you to call or email with questions regarding AOS, etc, even after the case has been processed and your fiancee is over here. I still talk to them occasionally, all free of charge. As a rule, I don't like lawyers either, but these guys were very helpful throughout the whole process, and even though GZ/DOS lost our Security Clearance approval for almost 5 months, we still completed the process in less than 11 months, which at that time (May 2002 thru April 2003) was pretty quick.

 

Anyway, enough on that subject. If anyone wants the name of the firm I used, you can PM me.

 

Sincerely,

 

Carl & Hongyu