Help!

[Don&MuSi]

Hello Everyone,

 

I am using my friend's Username of Don&MuSi, but my name is Dorothy. Don & MuSi are in Guangzhou as I am typing this. Yesterday, MuSi had her interview and was declined her visa. The interviewer told her they didn't have enough proof of relationship. Now, I helped them prepare all of their information, which consisted of pictures of the two of them from 5 previous trips to China, with validation in Don's passport and airline tickets and reservations. It also included, phone records from phone calls from Don's personal residence phone to MuSi's personal residence phone. Calls were made every day!!! Plus, there were records of tons of email letters from the two of them to each other.

 

Currently, Don has hired an attorney in China to help, but I am hoping someone from this website might have a suggestion.

 

Thanks to all in advance that reply with suggestions.

Dorothy

[Mick]

First of all, I am sorry to hear that the visa was refused. It sounds like there was plenty of evidence of a legitimate relationship. I think the attorney may be able to help. At least I hope so.

 

I wonder if they just flat refused the visa, or, did they ask them to return at a later date with further proof?

 

Further, I think there is a formal appeal process, but I am not sure what it is or where to find it. Please keep us posted. This is most disconcerting. Please pass on our regards to Don and Musi.

[Yuhui&Eric]

Very sorry to hear that.

Sounds like they had plenty of evidences.

Unfortunately, the VO is kind of God with those matters. Discretionary powers

I suggest they contact GZ and find out what other evidence they might bring that would have tipped the balance, if any.

I do not think the lawyer will be of any use, as , like I said, visa issuance is purely at the interviewer discretion. Not to say this is hopeless by all means. Just to say that I don't think a l;awyer will accomplish more with GZ than they can themselves.

I wish them luck.

Was language a factor? Does she speaks English or does he speak Chinese? Typically the language barrier is frown upon by VO's.

 

 

ooops. eric ( and not yuhui ) was writing the above .

[Eric&Yuhui]

I am afraid I was right..and suggest this topic is pinned for a while as it is definitely for a good cause and they need help.. Any pin-empowered boys or girls around here since Don is somewhere over the Pacific and PJ is basking in love in China ?

 

This relates to non-immigrant visas, which K's technically are.

So basically, you need to know WHAT was missing from the evidences presented or IF they just didn't believe it, or just had a "gut" feeling.

Also need to know under what section of INA, the visa was refused... Section 214b ? Other? In other word, was the refusal due to the interviewer having a bad hair day, or what was he/she refering to.

She must have received a blue slip after the interview stating why the visa was denied.

It could have said.. bring more stuff ( evidences ) and come back.. or flaty denies the visa ( under section blahblahblah of INA, in which case the file goes back to BCIS, and the applicants have to take it up with those folks..

 

 

this below is from the Shanghai consulate ( I would think the GZ consulate follows the same policies )

 

RECONSIDERATION OF A VISA REFUSAL

If a consular officer is unable to approve issuance of a visa, there is no formal appeal process. The only way a visa applicant can be reconsidered for a visa is to reapply. To reapply, an applicant must schedule a new visa interview appointment. The application fee must be paid for each application and a new set of application forms submitted. During subsequent interviews, the applicant should present new convincing evidence of strong ties to China. Information supporting an applicant's case should NOT be sent directly to the Consular Section on the applicant's behalf. All materials that an applicant wishes to have considered should be presented to the interviewing consular officer at the time of the interview. A reapplication does not guarantee issuance of a visa. Please note: any applicant with multiple refusals is strongly advised not to reapply for a nonimmigrant visa unless his or her situation in China has changed significantly. Repeated applications without significant changes in the applicant's circumstances are not likely to end in the issuance of a visa and are a waste of time and money.

 

Also go there :

 

WHAT TO DO IF REFUSED A VISA?

 

Also read this : PROBLEMS AT INTERVIEW, UNFAIR OFFICER AND INFORMAL APPEAL

[Eric&Yuhui]

Just want to be on top....

 

the topic list that is...

[Guest blsqueaky]

Eric, very good info, but now a question, do you have any info like this regarding a K-3, other than that one site, K-1/3 FAQ.

[Eric&Yuhui]

Eric, very good info, but now a question, do you have any info like this regarding a K-3, other than that one site, K-1/3 FAQ.

At the discretion of the adjudicating consular officer, K3/K4 applicants may be asked to present secondary documents to support the claimed marital relationship. These documents may include letters, photographs, joint ownership of assets, bank accounts, and phone bills. Otherwise, the documents for a K visa application are the same as those for immigrant visa applications.

 

Philippines Embassy

[Guest blsqueaky]

Okay, then since she now has 2 of my credit cards, in her name, and shortly an ATM card, this should show some proof? Jeez, and just earlier I said I was cheap, the wife has 2 credit cards already.

[Eric&Yuhui]

Okay, then since she now has 2 of my credit cards, in her name, and shortly an ATM card, this should show some proof?  Jeez, and just earlier I said I was cheap, the wife has 2 credit cards already.     

If the VO fought with his wife / her hubby that day..... Afraid you're outta luck...Gold visa or not....

Sad, unfair , but true and experienced ...

See above post

[Guest blsqueaky]

Okay, but what I was I guess asking, is when you mentioned secondary documents, bank accounts, etc, etc. She is now on mine. Is this something that maybe I should make copies of so that if asked, she can show???

[Dave G.]

Hello Everyone,

 

I am using my friend's Username of Don&MuSi, but my name is Dorothy. Don & MuSi are in Guangzhou as I am typing this. Yesterday, MuSi had her interview and was declined her visa. The interviewer told her they didn't have enough proof of relationship. Now, I helped them prepare all of their information, which consisted of pictures of the two of them from 5 previous trips to China, with validation in Don's passport and airline tickets and reservations. It also included, phone records from phone calls from Don's personal residence phone to MuSi's personal residence phone. Calls were made every day!!! Plus, there were records of tons of email letters from the two of them to each other.

 

Currently, Don has hired an attorney in China to help, but I am hoping someone from this website might have a suggestion.

 

Thanks to all in advance that reply with suggestions.

Dorothy

I am so sorry. I think it's our collective nightmare come true.

 

I have taken grief about the "God complex." Sometimes, these people in GZ think they know better than the rest of us.

 

Can you provide more info about the interview process? How was her English? The process? Maybe then we can try to help.

 

We'll get you through this....I promise!

 

Dave

[frank1538]

From what you say, it looks like MuSi and Don had plenty of documentation. You also said that Don was in Guangzhou too. Did he try to get into the consulate and ask the VO what the problem was?

 

I think it's important to know exactly why the visa was denied. The blue slip should help. Also, what questions were asked? Maybe MuSi didn't fully understand them or maybe she gave answers that were inconsistent with the paperwork.

 

I am saddened to heare about this.

[garagegodness]

Apart from the material proof, like pictures and phone bills, the interviewee's attitude and response to VO's questions are also considered important. A professional VO does not only judge on the material proof the interviewees gives. It would be a better idea to ask how she responded to the VO's questions and try to find what was wrong , rather than hiring another attorney in China. Good luck!

[Dave G.]

Apart from the material proof, like pictures and phone bills, the interviewee's attitude and response to VO's questions are also considered important. A professional VO does not only judge on the material proof the interviewees gives. It  would be a better idea to ask how she responded to the VO's questions and try to find what was wrong , rather than hiring another attorney in China.  Good luck!

Amen!

 

Let's give 'em hell.....but give us more information! Fair??? http://smilies.sofrayt.com/%5E/_950/fencing.gif

[warpedbored]

I am very disconcerted by this thread. It's my worst nightmare. I am particularly concerned about rejection due to language barrier. Bing does speak english but not all that well. we manage to comunicate just fine. The power of the aducating officer is indeed godlike. This alone is very frightening.