Visa Denied

[LeeFisher3]

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 ?

The father in China has custody and decided to allow the child to immigrate when he remarried.

[Preston]

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 ?

The father in China has custody and decided to allow the child to immigrate when he remarried.

Well actually, he has been remarried for quite some time now and only changed his mind after the new wife wanted a baby. (remember the 1 child policy there?)

[chilton747]

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 ?

The father in China has custody and decided to allow the child to immigrate when he remarried.

Well actually, he has been remarried for quite some time now and only changed his mind after the new wife wanted a baby. (remember the 1 child policy there?)

 

So he decided to give up his daughter for a new one?

[Richard & Li]

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. ... Take care and thank you for your thoughts

 

Thanks for sharing that. I understand how the in-laws can continue to have a good relationship (my wife was widowed) and will also take good care of the child.

 

My first thought when I read the original post was "that poor girl". I'm glad to know she is not in as bad a position as I imagined.

 

Once again: Best wishes in all of this.

[david_dawei]

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 ?

The father in China has custody and decided to allow the child to immigrate when he remarried.

Well actually, he has been remarried for quite some time now and only changed his mind after the new wife wanted a baby. (remember the 1 child policy there?)

 

So he decided to give up his daughter for a new one?

frugal, practical and paternal

 

damn.. just realized my missed my chance at 3 "P's" for the chinese man....

 

ok.. modified to: penurious, practical and paternal.. but doesn't have the rhythm I really wanted

Edited October 4, 2008 by DavidZixuan (see edit history)

[chilton747]

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 ?

The father in China has custody and decided to allow the child to immigrate when he remarried.

Well actually, he has been remarried for quite some time now and only changed his mind after the new wife wanted a baby. (remember the 1 child policy there?)

 

So he decided to give up his daughter for a new one?

frugal, practical and paternal

 

damn.. just realized my missed my chance at 3 "P's" for the chinese man....

 

ok.. modified to: penurious, practical and paternal.. but doesn't have the rhythm I really wanted

 

Maybe the other "P" you are looking for could be "preconditions."

[david_dawei]

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 ?

The father in China has custody and decided to allow the child to immigrate when he remarried.

Well actually, he has been remarried for quite some time now and only changed his mind after the new wife wanted a baby. (remember the 1 child policy there?)

 

So he decided to give up his daughter for a new one?

frugal, practical and paternal

 

damn.. just realized my missed my chance at 3 "P's" for the chinese man....

 

ok.. modified to: penurious, practical and paternal.. but doesn't have the rhythm I really wanted

 

Maybe the other "P" you are looking for could be "preconditions."

except I needed a money word to show being stingy... if this a USC, maybe I would say pre-nup

[JimS.]

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.

Some very good advise here..do not delay any more.

Your daughter maybe in good hands in China, but she is still very young and feeling rejected. She has been rejected by her father, by the asshat of a VO and she will soon not have her Mother with her(another rejection).

Change the ticket or eat the cost..it's never to late to stop your wife from coming back...She needs to be with her daughter during this time as well. Have your wife go to the consulate and raise hell over the interview and her being denied entry.

[MikeXiao]

When our son's visa was denied, it was because we did not send enough evidence of our relationship. It was a blue slip. My wife had gotten her visa a year before and I did not think that we needed to prove our relationship again. I learned my lesson and he got his visa.

Edited October 4, 2008 by MikeXiao (see edit history)

[Preston]

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.

Some very good advise here..do not delay any more.

Your daughter maybe in good hands in China, but she is still very young and feeling rejected. She has been rejected by her father, by the asshat of a VO and she will soon not have her Mother with her(another rejection).

Change the ticket or eat the cost..it's never to late to stop your wife from coming back...She needs to be with her daughter during this time as well. Have your wife go to the consulate and raise hell over the interview and her being denied entry.

Raising Hell at the consulate would only satisfy our need to vent; it will not change the outcome and could even have an adverse affect on any future negotiations or interviews. As much as I'd like to go there myself and demand to speak to this moron that conducted the interview, the result would only be a waste of time and resources, both of which are very limited to me. I don't make much money and have had to scrimp and sacrifice in order to come as far as we have now. Having to file 2 separate petitions, as opposed to the 1 if the ex-husband had initially agreed to the transfer of custody, the sky-rocketing of ticket prices due to the cost of jet fuel, the cut-back of my hours at work (60 to 70 hours/wk to being thankful if I get 55 hours. My job is a construction-related occupation and my boss is ANOTHER moron lol), the multiple unexpected home and auto repairs that have cropped up (my co-worker swears I must have gremlins ), not to mention the rise of inflation that we're all experiencing now, has me walking the tightrope with my expenditures and I need to be careful so that I will be able to cover the cost of the appeal and travel expenses I know are forthcoming once we have resolution of this matter. "Eating" the cost of the ticket is not an option and with the uncertainty of how this will evolve and from what I've been told about the length of time that an appeal can take, I have no idea of the date to re-schedule the ticket. It's a very troubling and uncertain time for us right now and with the denial catching us totally off-guard as it did, we feel as if we're lost at sea and not sure if there's a lifeboat on the way or not. Ying wants to come home now and I need her here too. We'll just have to re-group and get ready for the next battle.

I've contacted my Senator and his office immediately opened a file on this and has already contacted the DOS for us for more information. As of yesterday, DOS has not replied to them so I'm not sure of our options yet and hopefully will hear something next week when everyone goes back to work. Knowing how our government works however, I'm thinking we're in this for the long haul.

Thank you all for your input and encouragement and if any of you are planning a trip to Chongqing, China and feel like you can fit a 14 yr. old girl in your suitcase on the return trip home, I won't be able to pay you very well but I'll paint your house, wash your car, do your laundry, rake your yard, etc.,etc, etc.

[Preston]

When our son's visa was denied, it was because we did not send enough evidence of our relationship. It was a blue slip. My wife had gotten her visa a year before and I did not think that we needed to prove our relationship again. I learned my lesson and he got his visa.

Reckon why we didn't get a blue slip?

[Preston]

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. ... Take care and thank you for your thoughts

 

Thanks for sharing that. I understand how the in-laws can continue to have a good relationship (my wife was widowed) and will also take good care of the child.

 

My first thought when I read the original post was "that poor girl". I'm glad to know she is not in as bad a position as I imagined.

 

Once again: Best wishes in all of this.

Thank you. It appears we're gonna need all the "best wishes" you can spare.

Our daughter's safe-keeping and physical well-being is not a concern for us at the moment. The fact that she is in a boarding school during the school year and the father had custody these past few years means that she only saw her mother sporadically. While they (the ex's) had an every-other-weekend arrangement of visitation, this wasn't adhered to religiously as often times, the daughter would want to spend time with her friends, father's parents, mother's parents, etc., and missed the mother's weekend entirely. No one had a problem with this arrangement and the mother was always available and nearby so everyone was relatively happy with the situation. While this may have been ok in the past, the girl is 14 yrs old now and a 14 yr old needs her mom more than ever at that age. I'm more worried about her mental and emotional well-being now and wish the ^%@%$@%^$ VO had taken that into account when he conducted the interview. I SWEAR I cannot understand the thought processes some people of authority have and I wish I could talk to this jerk just to see if I could actually SEE the cogs moving in his head! lol

Thank you again and take care

[C4Racer]

Preston,

 

I agree with Darnell.

 

You need to get a lawyer in GUZ now!!!

 

Consequenses of not doing so will add years, not months to the visa for your step-daughter. A good lawyer in GUZ, like Peter Paget (King), will file an immediate appeal keeping the application in GUZ.

 

USCIS has a tendency to consider the white slip as having informed the petitioner. Once they get the petition back, they just let it die, unless the petitioner seeks to have it overturned, but this process takes years. Many who have had this happen with their wives end up moving to China.

Edited October 4, 2008 by C4Racer (see edit history)

[splinterman]

Preston,

 

I agree with Darnell.

 

You need to get a lawyer in GUZ now!!!

 

Consequenses of not doing so will add years, not months to the visa for your step-daughter. A good lawyer in GUZ, like Peter Paget (King), will file an immediate appeal keeping the application in GUZ.

 

USCIS has a tendency to consider the white slip as having informed the petitioner. Once they get the petition back, they just let it die, unless the petitioner seeks to have it overturned, but this process takes years. Many who have had this happen with their wives end up moving to China.

 

Can someone tell me how a lawyer in GUZ can file an appeal and keep a denied application there and a US lawyer cannot do the same thing? We have a lawyer here and my SO got a white slip. The lawyer sent a brief asking for the file to stay there and for the IV to reconsider the decision. My senator has also contacted GUZ on my behalf witha copy of the brief and asked for the same thing. The senator's office at least got a reply but nothing more than the same info on my SO's white slip while the lawyer has received no response-no review and no appeal, until the file is returned to USCIS... whenever it gets there...

 

So how can a lawyer in GUZ do something that a US lawyer cannot do? If this is possible, is it a conflict of interest to have the US lawyer as general counsel and hire Paget as an on-site attorney to keep the file there? Any lawyers or law students out there to answer this question? I'd just like to know if this is an option. I'm thinking that if it WAS possible, why wouldn't any US lawyers have a 'partnership' with a GUZ lawyer to be more effective, other for greed and financial reasons?

 

Thanks,

Splinterman

[david_dawei]

Any lawyer can do it.. if they truly know what they are doing and how to do it...

 

The main advantage is, those in GUZ know the consulate, their ways and often someone inside at some level... and so might have a method or two (like going there in person as well)... no substitute for that.

 

IMO, it's just not generally adviseable to use a US based lawyer...