Visa Denied

[Guest Rob & Jin]

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

 

For starters have her scan and e-mail or 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.

 

 

We agree

[Mike62356]

Sorry to hear this, don't give up and try what the others are saying, good luck.

[Stepbrow]

The denial of the visa for your stepdaughter, is outrageously absurd! For heaven's sake you have a legal relationship with her. The VO who issued the denial should be pilloried, and returned to the US in shackles.

 

Start your writing campaign: President, Vice President, Secretary of State, Ambassador, Consul General, Senators, and Congressman.

[Richard & Li]

I have never heard of a case like this either.

 

I am suspicious of meddling by the father. The man sounds like he's quite unstable. Who in their right mind would change their mind about parting with a child because a new woman in his life says she wants a baby? That's insane!

 

The real victim is that poor girl! Can you imagine what she's feeling? I agree with those encouraging you to go to China ASAP. That child needs to know she will be taken care of.

[warpedbored]

My feeling is there has to be something else going on here. As stated the reason given is a catch all. You might be wise to hire a lawyer in GZ who can hopefully get access to the real reason.

[david_dawei]

My feeling is there has to be something else going on here. As stated the reason given is a catch all. You might be wise to hire a lawyer in GZ who can hopefully get access to the real reason.

and ASAP.

 

The lawyer can represent either one of you... meaning, she can go in and talk to one or you can talk to one remotely...

[Preston]

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.

 

It's too late to keep the wife (Ying) in China as I've already purchased her ticket for her to return home on the 11th. She's been there since the end of July because her mom got sick and I told her to stay until the interview. (we hadn't been notified of the interview at the time but I thought it wouldn't be long and her mom was in pretty bad shape) I e-mailed Senator Jeff Sessions (R. Alabama) Sunday night and had a message on my phone from his office Monday evening when I got home from work. Not only was I surprised at the promptness of their reply, but the young lady I spoke to was very courteous and eager to be of help. She told me to obtain a Privacy Release form from their web site, sign it, fax it to them tomorrow so that they would have authority to examine my petition, and she would see if there was anything they could do to help us. I can only hope for the best.

While I was looking at their web site, I followed a link concerning Visa denial and was informed there that I would get a letter from immigration explaining the reason for the denial and whether or not an appeal was possible and what I would have to do to begin it. It mentioned an appeal fee would have to be paid but it didn't say how much the fee would be so I'm in the dark about that, but the most disturbing thing I read there said that the appeal process had to be started within 30 days of the denial. The "denial" now,,,,not the receipt of the letter immigration's supposed to send me. It's already been 2 weeks since the interview and I haven't received the letter yet. Had I not written to Senator Sessions, I wouldn't know this and I would still be waiting on the letter. Considering the slowness of every other step in the petition process, I think a successful appeal would be nearly impossible in the time frame allotted to me even if I got the letter tomorrow.

Oh well,,,,,wish us luck.

Thanks for all the input here from everyone and I hope I can come back here soon and tell ya'll everything's ok.

Take care

[Yuanyang]

Something had to have been said that would have led the VO to believe that your wife is not the child's birth mother.

 

One of our members had to provide DNA profile of wife and her child to prove that she was the birth mother. That's the relationship GUZ is interested in.... not you with the child but the mother and child.

[Preston]

I have never heard of a case like this either.

 

I am suspicious of meddling by the father. The man sounds like he's quite unstable. Who in their right mind would change their mind about parting with a child because a new woman in his life says she wants a baby? That's insane!

 

The real victim is that poor girl! Can you imagine what she's feeling? I agree with those encouraging you to go to China ASAP. That child needs to know she will be taken care of.

Our daughter is in very good hands there in China. My wife tells me her ex mother-in-law still loves her ("her" meaning my wife) and takes care of our daughter most of the time. Other times she stays at my mother-in-law's and she really doesn't see her dad very often anyway. During the school year, she goes to school on Monday and stays there until Friday so maybe she sees her dad one weekend a month. As for the reasoning behind him changing his mind, WHO CARES!!!! hahahahaha That's what I was wanting from the very beginning and you would not believe how happy I was when I got the news. Can you imagine how guilty I was feeling about taking her mom 10,000 miles to the other side of the world? 2 days before our wedding I pulled my wife aside and told her maybe we shouldn't get married; maybe it was a bad idea and maybe we should wait until she was older or I could move to China. Family is very very important to me and I lost my own mom when I was the same age as our daughter. The thought of taking her mom away from her tore me apart and almost put a stop to the whole thing. Ying and I sat up all night discussing this and only the fact that the ex had custody and there was nothing we could do about it and we could come back once or twice a year to see her until she was old enough to make her own decisions helped us to decide we had to consider our own happiness too, and go on with the wedding. And although I am a little discouraged tonight and some of the air has been let out of my balloon, so to speak, all is not lost and I don't give up a fight until I CAN'T get up.

Take care and thank you for your thoughts

[Randy W]

Your petition is being returned to the US with a recommendation for the USCIS to rescind it's approval. USCIS decisions may be appealed by using Form I-290B

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

The Guangzhou consulate is part of the Dept of State (DOS) - their decisions may NOT be appealed.

 

If the USCIS decides to make a ruling on the NOID, you will be notified by mail.

 

Perhaps it's best to talk to a good immigration attorney NOW.

[Sebastian]

Preston, get an immigration attorney in Guangzhou, now. Thanks in advance !

 

RE: Denial Notice. The GUZ 'official denial notice' was, in fact, the White Slip.

 

There is an official USCIS denial notice, which you won't see for anywhere from 3 months to 24 months, IF AT ALL.

 

Preston, get an immigration attorney in Guangzhou, now. Thanks in advance !

 

If you really want to know what was on the white slip, in almost real time, get yer wife to go to a 'copy shop', and have them SCAN the document to a tiff or jpeg file, and EMAIL to YOU from the COPY SHOP.

Preston, get an immigration attorney in Guangzhou, now. Thanks in advance !

Edited October 2, 2008 by Darnell (see edit history)

[LeeFisher3]

It is probably too late to do anything now, but have your attorney call the DOS and raise hell. Don't send papers just get them on the phone. Papers can follow, but you've got to get someone to take action now. The consulate conducted an illegal interview with a child under the age of 16 by refusing to allow the parent to attend. This was probably the Chinese guards who refused, but it's the same as the VO refusing to allow the parent in for the interview.

 

This happened before, the consulate refusing to allow the parent to attend the interview with their child. In the previous case the USC marched into the consulate and raised hell for them requiring a child under the age of 16 to interview alone and got it overturned. The VO was called to the window to complete the interview with the USC.

 

The lawyer should have known this was not proper and according to US Law, it was not legal to demand that a child under the age of 16 to interview alone. That should have been the case that was presented to GZ with a demand for immediate reversal.

 

If you can't get any action out of DOS then when the white slip is returned the case presented is the US Consulate refused the parent to attend the interview with their child and any decision made by the VO should be overturned as invalid as the child is too young to interview alone.

 

On a side note, the child probably did not tell the VO that they refused to allow mom in the interview either.

 

 

In the future anyone having a child going for an interview it is important that the parent enter with and conduct the interview process for the child. Visiting the consulate the day before and asking them to inform the guards of this is recommended, because the guards are Chinese nationals and do not understand the rules. If the guards give them trouble they need to raise hell and DEMAND to see a VO or Consulate official.

[dnoblett]

Perhaps I missed it, but I didn't see where the child was on the mothers application as a follow to join. If the child was not on the original application of the mother, then from what I have understood, the mother must be the one to sponsor her child's visa application. We all know how long it takes to get that done as a legal resident vs. USC as the sponsor.

The OP was CR-1. CR-1 does not have derivative visas like the K-Visas.

 

In CR-1 case 2 I-130s need to be filed for 2 separate petitions, one for parent, and one for step child.

 

In the OP's case the did mother's first and she came to the USA, and then later did the step child's case.

 

In this case the US citizen step parent/spouse files the petition for step child as IR, NOT the mother. If mother were to file for child as LPR, there would be a several year wait for a visa number to be generated for a F-2 child of an LPR.

 

http://travel.state.gov/visa/immigrants/ty...types_1306.html

Edited October 3, 2008 by dnoblett (see edit history)

[LeeFisher3]

Perhaps I missed it, but I didn't see where the child was on the mothers application as a follow to join. If the child was not on the original application of the mother, then from what I have understood, the mother must be the one to sponsor her child's visa application. We all know how long it takes to get that done as a legal resident vs. USC as the sponsor.

Follow to join status is only available with the K1/K2 and K3/K4 visas, with the CR-1 there is no such thing each petition is file separately just like AOS requires each petitioner to have their own application.

 

Since they were married before the child was 18 they were able to file the CR-2 petition as the child of a US Citizen with the same basic wait as a CR-1 but due to her age the name check process time is greatly reduced.

[Guest jin979]

Can I ask why mother and child did not have first interview together ( not filing for both first time, just mother?) if so why did you do that ?