Visa Denied

[Preston]

My step-daughter was denied her visa and received a white slip. My wife's ex-husband had custody of their child when we filed for my wife's CR-1 and wouldn't let the daughter come here too, but then changed his mind half way through the process. (He is married again and the new wife wants to have a child now so he relinquished custody) All the forms were in order and all the fees paid but she was denied the visa because, according to the white slip, she and I didn't have a "bona fide" relationship. This sounds like total BS to me and my relationship with her shouldn't be a major priority considering her mother is already here and the child is only 14 years old and needs to be with her mother. I sent my wife back to China to go with our daughter to the interview ( on September 11th) but she was not allowed to attend the interview and no one bothered to give her the reason behind the denial. (she sent me her version of what was written on the white slip and I have not received anything from immigration so I have to take her word for the explanation given there) My wife told me that "many many people get white slip" that day and I'm thinking maybe immigration had met it's quota for the period and the denial was based on that. Whatever their reasoning, what do we do now?

I was told we can appeal but what am I looking at now? Do any of you know how long the appeal process takes or anything I can do to speed everything up?

I will certainly appreciate any input or advice you might can share with me/us and if any of you have already experienced this and can tell me what to expect, maybe I can get started on the appeal process even before I get the letter from immigration.

Thank you and I hope you have a good day.

Preston

[IllinoisDave]

Do I have this straight? You're wife already has her visa and has been here for awhile? The denial is because YOU don't have a bona fide relationship with your STEP-DAUGHTER? B) That doesn't sound right. I've never heard a denial because of a lack of a relationship between the step-child and step-parent. Especially given the fact that the paperwork was in order.

 

I'm certainly no authority on K-2 petitions. I'm sure someone who knows more about them will be along shortly. Sorry to hear about this. Good luck.

[dnoblett]

You need to find out exactly what the note said, many on various visas have step son or daughter follow to join later, the only relationship that should matter is mother daughter.

 

Dis they specify needing overcome data? You indicate appeal which usually means consulate wants additional evidence, not an outright denial. Evidence such as a letter from her father giving up custody to her mother.

[Randy W]

My step-daughter was denied her visa and received a white slip. My wife's ex-husband had custody of their child when we filed for my wife's CR-1 and wouldn't let the daughter come here too, but then changed his mind half way through the process. (He is married again and the new wife wants to have a child now so he relinquished custody) All the forms were in order and all the fees paid but she was denied the visa because, according to the white slip, she and I didn't have a "bona fide" relationship. This sounds like total BS to me and my relationship with her shouldn't be a major priority considering her mother is already here and the child is only 14 years old and needs to be with her mother. I sent my wife back to China to go with our daughter to the interview ( on September 11th) but she was not allowed to attend the interview and no one bothered to give her the reason behind the denial. (she sent me her version of what was written on the white slip and I have not received anything from immigration so I have to take her word for the explanation given there) My wife told me that "many many people get white slip" that day and I'm thinking maybe immigration had met it's quota for the period and the denial was based on that. Whatever their reasoning, what do we do now?

I was told we can appeal but what am I looking at now? Do any of you know how long the appeal process takes or anything I can do to speed everything up?

I will certainly appreciate any input or advice you might can share with me/us and if any of you have already experienced this and can tell me what to expect, maybe I can get started on the appeal process even before I get the letter from immigration.

Thank you and I hope you have a good day.

Preston

 

Yes I would tend to think they're asking for more evidence, and you need to get an exact copy of the white/blue slip. Are they asking for pictures, a DNA test, birth certificate, what?

 

There is no appealing a denial. If it is sent back to the US, though, I can't see the USCIS doing anything but reaffirming and sending the application back to GUZ

[Preston]

You need to find out exactly what the note said, many on various visas have step son or daughter follow to join later, the only relationship that should matter is mother daughter.

 

Dis they specify needing overcome data? You indicate appeal which usually means consulate wants additional evidence, not an outright denial. Evidence such as a letter from her father giving up custody to her mother.

My wife is due back on the 11th and I can read the "white paper" myself then but I am sure it doesn't say anything about needing additional information. It is my understanding that if that was the problem, she would have received a different color paper. I called immigration and while they didn't have the reason for the denial, they are the ones that told me I can appeal it. They told me I would receive a letter explaining the denial but I haven't gotten it yet and I have no idea how the appeal process works... I was hoping someone here had already experienced something similar and can give me more insight.

Thanks for replying so quickly and if you hear anything that might will help,,,I would appreciate it.

[Randy W]

You need to find out exactly what the note said, many on various visas have step son or daughter follow to join later, the only relationship that should matter is mother daughter.

 

Dis they specify needing overcome data? You indicate appeal which usually means consulate wants additional evidence, not an outright denial. Evidence such as a letter from her father giving up custody to her mother.

My wife is due back on the 11th and I can read the "white paper" myself then but I am sure it doesn't say anything about needing additional information. It is my understanding that if that was the problem, she would have received a different color paper. I called immigration and while they didn't have the reason for the denial, they are the ones that told me I can appeal it. They told me I would receive a letter explaining the denial but I haven't gotten it yet and I have no idea how the appeal process works... I was hoping someone here had already experienced something similar and can give me more insight.

Thanks for replying so quickly and if you hear anything that might will help,,,I would appreciate it.

 

 

A denial is final. They will return the file to the US with a recommendation to revoke the original I-130 petition. You MAY get a chance to appear at a hearing and present your case as to why it shouldn't be revoked (in one case this was even done by mail), and should be re-affirmed and returned to GUZ. But approval or denial is in the hands of the folks at GUZ.

 

If it truly was denied with intent to deny, this is easily the most vicious thing I've ever heard of them doing.

 

Picking on a 14 year-old child? What is the issue here?

[Preston]

You need to find out exactly what the note said, many on various visas have step son or daughter follow to join later, the only relationship that should matter is mother daughter.

 

Dis they specify needing overcome data? You indicate appeal which usually means consulate wants additional evidence, not an outright denial. Evidence such as a letter from her father giving up custody to her mother.

My wife is due back on the 11th and I can read the "white paper" myself then but I am sure it doesn't say anything about needing additional information. It is my understanding that if that was the problem, she would have received a different color paper. I called immigration and while they didn't have the reason for the denial, they are the ones that told me I can appeal it. They told me I would receive a letter explaining the denial but I haven't gotten it yet and I have no idea how the appeal process works... I was hoping someone here had already experienced something similar and can give me more insight.

Thanks for replying so quickly and if you hear anything that might will help,,,I would appreciate it.

 

 

A denial is final. They will return the file to the US with a recommendation to revoke the original I-130 petition. You MAY get a chance to appear at a hearing and present your case as to why it shouldn't be revoked (in one case this was even done by mail), and should be re-affirmed and returned to GUZ. But approval or denial is in the hands of the folks at GUZ.

 

If it truly was denied with intent to deny, this is easily the most vicious thing I've ever heard of them doing.

 

Picking on a 14 year-old child? What is the issue here?

I wish I knew...it doesn't make sense to me and to be quite honest, I never worried about whether or not she would get the visa...I was more concerned about getting her in school and the problems I was looking at because of her poor English skills. It never occurred to me that she would be denied and I've racked my brain trying to figure out their reasoning behind this decision. How can anyone justify leaving a 14 year old girl 10,000 miles from her mother? What does my relationship with her or the lack thereof have to do with her relationship with her own mother? This just doesn't make sense to me at all.

[Preston]

You need to find out exactly what the note said, many on various visas have step son or daughter follow to join later, the only relationship that should matter is mother daughter.

 

Dis they specify needing overcome data? You indicate appeal which usually means consulate wants additional evidence, not an outright denial. Evidence such as a letter from her father giving up custody to her mother.

We have the notarized documents from the father relinquishing custody to her mother and nothing is being said about us needing to provide additional information or that the petition is incomplete in any way. According to what my wife told me, the only explanation given was their belief that she (the daughter) and I don't have a "bona fide" relationship.

That's all I know at the present

[Randy W]

You need to find out exactly what the note said, many on various visas have step son or daughter follow to join later, the only relationship that should matter is mother daughter.

 

Dis they specify needing overcome data? You indicate appeal which usually means consulate wants additional evidence, not an outright denial. Evidence such as a letter from her father giving up custody to her mother.

We have the notarized documents from the father relinquishing custody to her mother and nothing is being said about us needing to provide additional information or that the petition is incomplete in any way. According to what my wife told me, the only explanation given was their belief that she (the daughter) and I don't have a "bona fide" relationship.

That's all I know at the present

 

 

"Not a bona fide relationship" is a catch-all phrase that the consulate uses to deny a visa. It is the one area left to the VO's discretion. That is, if the VO makes that claim, and sticks to his guns, he cannot be overruled.

 

Applying that phrase to a parent/step-child relationship, however, is nothing but a cruel abuse of power.

 

Was the VO aware that your wife was there? That is, did your daughter have her passport? We have seen blue-slips for this, but not white slips. In cases where the parentage is in question, they will request a DNA test

[Guest Rob & Jin]

wow- so sorry

 

Dont know what i can say to help, I've never heard this before.

[IllinoisDave]

It'd be interesting to hear the girl's account of the interview. Was there a language issue that led to massive mis-communication? What questions was she asked? How many?

 

Is it common for the parent to be denied attendance at a minor's interview? This whole thing just doesn't smell right.

[Randy W]

It'd be interesting to hear the girl's account of the interview. Was there a language issue that led to massive mis-communication? What questions was she asked? How many?

 

Is it common for the parent to be denied attendance at a minor's interview? This whole thing just doesn't smell right.

 

 

It has happened that a parent was denied admission, and the kids were blue-slipped because the parents weren't there. The Chinese guards on the 4th floor don't always handle this correctly.

[IllinoisDave]

It'd be interesting to hear the girl's account of the interview. Was there a language issue that led to massive mis-communication? What questions was she asked? How many?

 

Is it common for the parent to be denied attendance at a minor's interview? This whole thing just doesn't smell right.

 

 

It has happened that a parent was denied admission, and the kids were blue-slipped because the parents weren't there. The Chinese guards on the 4th floor don't always handle this correctly.

That's a helluva Catch-22.

[chilton747]

It is my understanding that the USCIS cannot let a CR petition expire due to a denial from the DOS, like they can K visas. Therefore, at some point, the VO's findings will be available to the petitioner. Just how long it takes for the NOIR letter to make it's way there is the question.

 

Good luck Preston!!

Edited September 29, 2008 by chilton747 (see edit history)

[jim_julian]

Preston, I would certainly try to find out more information before your wife left China.

 

For starters have her scan and e-mail or fax all the papers that your daughter received so you can go over them in detail.

 

The consulate is generally very supportive of keeping young children with their mother. The only issues that I have ever heard of that could cause a problem are paternity and custody.

 

I am most familiar with K-1/K-2 and not familiar with exactly how a CR-1 daughter is processed but the story you relate defies logic and leads me to believe that there is some communication error here.

 

If you have the means to go to China I'd be on the next airplane.

Edited September 29, 2008 by jim_julian (see edit history)