Visa Denied

[lostinblue]

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.

As I am reading this it sends chills down my spine . Yan has a son who will come here to my home from china. He is 15 now. His father has had custody papers noterized and will be sent to us soon so we can begin the process. He has transfered the custody to yan. I have thought this proof of a relationship between parents and a child was a bit cut and dried. I see that I am wrong. We have not started any paperwork yet so what "proof" will we need to show a continuing relationship. Yan has used a phone card and hardly any mail has been exchanged between them . We do have a fair amount of photos of the two of them together. When I was in China to see yan her son was not too keen on this idea so we have no photos of the three of us together. Perhaps an oversite on my part. Right at this point there are no e-mails,snail mail or phone bills that we can quickly lay our hands on. I really did not think this was necessary. Proof of a relationship with your mother. Who would have thought about this. I will sponser the child as my stepson. Yan was K-1

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

[splinterman]

From my understanding, once GUZ gives you the answer on a white slip that the case is not reviewable, no additional evidence will be accepted and the case will be returned to USCIS, no lawyer or anyone else (like a congressman) can get them to reconsider their decision and keep the file in GUZ.

 

Where the lawyer's expertise comes is knowing what to do once the case is returned to USCIS. If you don't get a NOID letter and USCIS lets the petition sit, a lawyer can only guess what the VO was looking at and why GUZ refused the visa. If you re-file your petition because the old one expired or you change directions with a different type of petition, you still have to know what the previous reason for denial was so you can anticipate and front-load your new petition with evidence to overcome whatever deficiency they noted. Does anyone disagree with this?

[tsap seui]

From my understanding, once GUZ gives you the answer on a white slip that the case is not reviewable, no additional evidence will be accepted and the case will be returned to USCIS, no lawyer or anyone else (like a congressman) can get them to reconsider their decision and keep the file in GUZ.

 

Where the lawyer's expertise comes is knowing what to do once the case is returned to USCIS. If you don't get a NOID letter and USCIS lets the petition sit, a lawyer can only guess what the VO was looking at and why GUZ refused the visa. If you re-file your petition because the old one expired or you change directions with a different type of petition, you still have to know what the previous reason for denial was so you can anticipate and front-load your new petition with evidence to overcome whatever deficiency they noted. Does anyone disagree with this?

 

I agree with you splinterman. I don't know, maybe ago, one had the opportunity to keep a denial at the consulate, but I haven't seen anything like that lately. And I KNOW for certain, NO LAWYER or ESPECIALLY a congressman is going to be able to help.

 

I'm not arguing with anyone that advocates keeping the case in Guangzhou, my talks with attorney Marc Ellis proved to me it was not possible, and he's got friends inside the consulate.

 

I am very sorry to see your case, and the others that have been screwed by the DOS. They have a new female boss there and she either has orders, or is just a complete ass, but it appears the phony set of rules has changed...again.

 

Good luck to all of you with DOS woes. I wish I had insight for any of you. I tried everything possible and was on top of events...you see my woman with a visa? It's not because I was asleep, out of touch, or afraid to throw thousands of dollars to attorneys.

 

You get a white slip these days and unless you have a miracle, they ain't gonna accept nothin' more in your case from NOBODY.

 

Again, I agonize that I can't help anyone with white slips or AP blue slips...you're pretty much screwed and there is nuthin' you can do to pull the barbed end of the DOS's lil' prick out of your rear.

 

A lot of bona relationship people are getting fried, and a lot of crap is gettin' through the DOS's so called fraud machine...it's just life, especially when speculation and conjecture and profiling are the rules of the game.

 

Good luck to all of you.

 

tsap seui

 

A man free from the third party intervention of the DOS

[LeeFisher3]

From my understanding, once GUZ gives you the answer on a white slip that the case is not reviewable, no additional evidence will be accepted and the case will be returned to USCIS, no lawyer or anyone else (like a congressman) can get them to reconsider their decision and keep the file in GUZ.

 

Where the lawyer's expertise comes is knowing what to do once the case is returned to USCIS. If you don't get a NOID letter and USCIS lets the petition sit, a lawyer can only guess what the VO was looking at and why GUZ refused the visa. If you re-file your petition because the old one expired or you change directions with a different type of petition, you still have to know what the previous reason for denial was so you can anticipate and front-load your new petition with evidence to overcome whatever deficiency they noted. Does anyone disagree with this?

I know white slips have been held over in GZ before and basically turned into a blue slip. I don't know how it was done or whether it could be done now, but it seems the attorney being on the ground in GZ always seemed to play a major role in the process.

 

If an NOID petition is allowed to expire there is no visa denial, this is the best of all situations as the case failed because it expired and does not count against the parties. This is not to say GZ doesn't have a long memory, but you don't have to explain a previous denial because it never happened.

 

It doesn't matter which visa type you refile using, but pre-loading the case with evidence is a good idea. The hard part is gleaning what they were using as an explanation to issue the NOID.

[jim_julian]

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

 

The lawyer I used in SoCal to help me file the K1/2 was born in China, is fluent in both languages, and she told me during the initial interview that she had a colleague she works with in GZ if any problems arise that indicate a need for a lawyer on the ground.

 

I never tested this as we didn't have a problem that required it.

 

If you want to give her a call ...

 

Vivian Wang

Santa Ana, CA

(949)251-8810

[georgeandli]

It seems to me[and I ain't that edumacated] from reading on this site is that what GUZ wants/requires changes periodically. I realize that they have to stay ahead of the scammers. Where does that leave the rest of the people that file? The trend in not sending the petitioner copies of blue and or white in a timely manner is wrong on many levels.

[chilton747]

 

If an NOID petition is allowed to expire there is no visa denial, this is the best of all situations as the case failed because it expired and does not count against the parties. This is not to say GZ doesn't have a long memory, but you don't have to explain a previous denial because it never happened.

 

 

 

If the petition expires after being sent back to the USCIS then the Consulate denial stands. When the new petition is filed then you do have to list any aliens that you have applied for in the past and also give the outcome of the filing. You can bet that GZ does have the previous case in file. Chances are that during the new interview, questions about the previous denial will be asked. At that point the beneficiary can only speculate as to why the denial. I have seen success with this on CFL.

[georgeandli]

And that is why Brother chilton747, the system is not working right. The petitioner is being hosed[like I'm telling you something you don't know] when they don't get copies in the "timely" manner.

[chilton747]

And that is why Brother chilton747, the system is not working right. The petitioner is being hosed[like I'm telling you something you don't know] when they don't get copies in the "timely" manner.

 

Exactly Brother George! Me thinks the system is done this way on purpose. I think they are just trying to tell us to go away.

[tsap seui]

And that is why Brother chilton747, the system is not working right. The petitioner is being hosed[like I'm telling you something you don't know] when they don't get copies in the "timely" manner.

 

Exactly Brother George! Me thinks the system is done this way on purpose. I think they are just trying to tell us to go away.

 

 

Yeah, I can just see the lil' rabbit at an interview in 4 or 5 years...

 

VO: Why were you denied a visa back in 2007?

 

Lil' rabbit: Near as my husband and I can figure it, since we were never told what the problem was, I was denied on unfounded speculation and conjecture by a VO who had a chronic and permanent PMS problem.

 

tsap seui

[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.

As I am reading this it sends chills down my spine . Yan has a son who will come here to my home from china. He is 15 now. His father has had custody papers noterized and will be sent to us soon so we can begin the process. He has transfered the custody to yan. I have thought this proof of a relationship between parents and a child was a bit cut and dried. I see that I am wrong. We have not started any paperwork yet so what "proof" will we need to show a continuing relationship. Yan has used a phone card and hardly any mail has been exchanged between them . We do have a fair amount of photos of the two of them together. When I was in China to see yan her son was not too keen on this idea so we have no photos of the three of us together. Perhaps an oversite on my part. Right at this point there are no e-mails,snail mail or phone bills that we can quickly lay our hands on. I really did not think this was necessary. Proof of a relationship with your mother. Who would have thought about this. I will sponser the child as my stepson. Yan was K-1

The best advice I would give to you now would be to be sure the son is well versed about you, carries the custody transfer papers with him, has documentation of his mom/your wife already in possession of her green card and living in the USA, and he demonstrate a desire to come here. If it is at all possible, your wife needs to go to Guangzhou with him and the son needs to be sure to let the VO know she is outside waiting for him. It would be best if she can attend the interview too, but I'm not sure she can get past the Chinese guard or if they VO will allow it, considering that the boy is 15 already. You would think that the consulate would still consider him a minor and would want the mother to be there too, but I can tell you from experience that they hire morons as VOs and they see nothing wrong with putting a child through an interrogation process similar to a criminal proceeding.

My step-daughter is a very shy girl to begin with and the interview terrified her. Her mom described her like this: "Her leg was same like earthquake and her body too!" I am sure she gave the most minimal answers and couldn't think straight under the circumstances. You would think the VO would have enough sense to see the girl was scared to death and would show a little compassion. But he only asked her 2 or 3 three questions and dismissed her out of hand...I'm thinking it was a foregone conclusion before she ever entered the room and they had no intention of issuing her a visa from the get-go. From what my wife told me, "Many, many people there get white paper today!", unlike when she went to her own interview and the majority received their visas. My wife pointed out the fact that the date was September the 11th and she thought that maybe THAT had something to do with it and I told her I didn't think so. But in retrospect, and considering the fact that nothing else makes sense, maybe she was on to something there..... You can never be too careful these days what with all the 14 yr old Chinese girls committing terrorist acts and blowing up embassies all over the world!! hahaha

If your son shows a little enthusiasm and can talk a little about you,, I don't think you'll need all the other things you mentioned above, such as the letters and pictures. If he only has one picture and he can show that his mom is already here and that he really wants to come to the US, I'm thinking he won't have any problems unless the consulate has already made up their minds as I'm starting to believe they did in our case. If that's true, however, then you could show all the evidence in the world and it wouldn't do you any good. Here's hoping you won't experience the same ordeal we're going through and that your son will be with you and his mom soon.

Best of luck to you