White Slip

[splinterman]

Lee, you're probably right that the DOS FOIA request will hit a stone wall. In fact, I'll even bet WITH you that the response I get is much like the one you've mentioned.

 

But, I have until May before I can put the next phase of my Plan B into effect so all I am doing now is simply waiting until then. While I'm waiting I don't mind trying some different things, just to see if somehow, somewhere, a crack is opened that yields some unexpected results.

 

The DOS FOIA request instructions I found on Visajourney. I originally sent in my request and it was returned unprocessed because the DOS wanted additional information and presented some more hoops for me to jump through. I obtained what they wanted and sent it to them and I'm now waiting to hear from them again. What I expect to happen is that they will continue to place additional requirements before me until I have complied with everything they can think of and when they have no more hoops left for me to jump through, they will pull their Ace card out of their sleeves and tell me they can't give me what I want in language just like your post! But it's ok because I'm just killing time until I can go back to China and marry my fiancee, and then start that leg of our journey. For vacation purposes for my job I can't go before then.

 

I'll share with everyone the results when I hear from the DOS. Hey-who knows? Maybe I'll get lucky and get what I'm asking for so I can zero in on what I have to address in my next attempt at the pink!

 

Meanwhile, thanks to you and Randy and everyone else who cares enough to add their thoughts, supportive comments and considerable expertise that I find very helpful.

[LeeFisher3]

Lee, you're probably right that the DOS FOIA request will hit a stone wall. In fact, I'll even bet WITH you that the response I get is much like the one you've mentioned.

 

But, I have until May before I can put the next phase of my Plan B into effect so all I am doing now is simply waiting until then. While I'm waiting I don't mind trying some different things, just to see if somehow, somewhere, a crack is opened that yields some unexpected results.

 

The DOS FOIA request instructions I found on Visajourney. I originally sent in my request and it was returned unprocessed because the DOS wanted additional information and presented some more hoops for me to jump through. I obtained what they wanted and sent it to them and I'm now waiting to hear from them again. What I expect to happen is that they will continue to place additional requirements before me until I have complied with everything they can think of and when they have no more hoops left for me to jump through, they will pull their Ace card out of their sleeves and tell me they can't give me what I want in language just like your post! But it's ok because I'm just killing time until I can go back to China and marry my fiancee, and then start that leg of our journey. For vacation purposes for my job I can't go before then.

 

I'll share with everyone the results when I hear from the DOS. Hey-who knows? Maybe I'll get lucky and get what I'm asking for so I can zero in on what I have to address in my next attempt at the pink!

 

Meanwhile, thanks to you and Randy and everyone else who cares enough to add their thoughts, supportive comments and considerable expertise that I find very helpful.

Randy acutally has the expertise, as for me I just sorta wing it.

[HKG]

So, people all the excuses for not supplying information or the difficulties

therewith have nothing to do with the Civil rights movement of the 60's and more specific the,1967 Supreme Court case, Loving v. Virginia, 388 U.S. 1 (1967), which focused on an anti-miscegenation statute.

 

To fight back you need to know what your fighting I would think, don't you think these, non-boanfide rulings without merit, have something to do with with miscegenation, and all the reasons not to supply the information requested, just goes hand in hand.

[hopelives]

Lee, you're probably right that the DOS FOIA request will hit a stone wall. In fact, I'll even bet WITH you that the response I get is much like the one you've mentioned.

 

But, I have until May before I can put the next phase of my Plan B into effect so all I am doing now is simply waiting until then. While I'm waiting I don't mind trying some different things, just to see if somehow, somewhere, a crack is opened that yields some unexpected results.

 

The DOS FOIA request instructions I found on Visajourney. I originally sent in my request and it was returned unprocessed because the DOS wanted additional information and presented some more hoops for me to jump through. I obtained what they wanted and sent it to them and I'm now waiting to hear from them again. What I expect to happen is that they will continue to place additional requirements before me until I have complied with everything they can think of and when they have no more hoops left for me to jump through, they will pull their Ace card out of their sleeves and tell me they can't give me what I want in language just like your post! But it's ok because I'm just killing time until I can go back to China and marry my fiancee, and then start that leg of our journey. For vacation purposes for my job I can't go before then.

 

I'll share with everyone the results when I hear from the DOS. Hey-who knows? Maybe I'll get lucky and get what I'm asking for so I can zero in on what I have to address in my next attempt at the pink!

 

Meanwhile, thanks to you and Randy and everyone else who cares enough to add their thoughts, supportive comments and considerable expertise that I find very helpful.

Have you tried locaal representation to keep the case in Guz?

[splinterman]

No, we'd had an attorney from the beginning of the case who completed the forms and filed with the USCIS, completed the additional forms for submission to the consulate and somewhat prepped my fiancee for her interview.

 

When she was denied on 8/21 due to the infamous "not a bona fide relationship" the attorney submitted a brief to keep the case in GUZ and to review but as they usually do, GUZ ignored it and also all contacts from my congressman to keep the file there and divulge their reasons for the denial.

 

I had completed the FOIA request and mailed it to the DOS on 8 Dec 08 and have been awaiting their response. Recently I just learned that the file was sent out to the NVC as of 31 Dec 08, so now it's on it's way back to the US and eventually to the Vermont USCIS. My SO got her notice yesterday from GUZ telling her that her file was returned, along with all of her submitted documents. However, some pages of the forms containing biographical information were not returned.

 

I had thought that their next hat trick at denying the info under the FOI Act would be to state that the information I requested could not be disclosed because the file was not back in the USA yet. Now that it's on it's way I'm thinking there's a little bit more of a chance I won't have to re-submit the request and actually get the info I'd asked for. But, the DOS is still the DOS and they have more tricks than Houdini when it comes to resisting FOIA requests.

 

Stay tuned! LOL

[david_dawei]

I've heard from a few USCs who had a white slip... that once the case got back to USCIS, all they did was request from them the reason (ie: not via a form, just a call). It didn't sound like a big deal getting it.

[splinterman]

That could be, David. The letter that my fiancee got from GUZ telling her that her file was sent out said that if she, me or the lawyer had any questions or needed additional info, call the USCIS office that has the file.

 

I was thinking about doing that once I know which office it's going to. It was originally processed in the VSC but I know they're shifting some of their workload to the CSC.

 

I've been wondering if the DOS FOIA request I made will be answered once the file gets back to the USA. I have an idea that I'll get a copy of the consular notes on the reason(s) for denial as I asked for, but with the important parts redacted, LOL!

[Randy W]

That could be, David. The letter that my fiancee got from GUZ telling her that her file was sent out said that if she, me or the lawyer had any questions or needed additional info, call the USCIS office that has the file.

 

I was thinking about doing that once I know which office it's going to. It was originally processed in the VSC but I know they're shifting some of their workload to the CSC.

 

I've been wondering if the DOS FOIA request I made will be answered once the file gets back to the USA. I have an idea that I'll get a copy of the consular notes on the reason(s) for denial as I asked for, but with the important parts redacted, LOL!

 

 

You've got two competing forces at play here - USCIS isn't real interested in denying a petition that they've already approved, and the consulate usually isn't real interested in providing the evidence that the USCIS would need if they were to actually try to revoke it, since it could be used against them (the consulate).

 

The result is almost always a dead-end - no action taken, and an expired petition.

 

For what it's worth, it would go to the service center that processed it - in your case, VSC.

[georgeandli]

The petition goes back to the office where it was originally filed. The breakdown seems to happen when it does get back, the petitioner can't get the info from USCIS with the specifics from GUZ.

[griz326]

I'm sure glad my gal got pink because I think I'd a gone nuclear!

 

splinterman, you sounding as if you're on an even keel despite the problem. Steady as she goes. Good luck.

[IllinoisDave]

don't you think these, non-boanfide rulings without merit, have something to do with with miscegenation, and all the reasons not to supply the information requested, just goes hand in hand.

No. Next question.

[freedream]

It is maddening that they can really seem to have so much power over someone's life/love/relationship--it's simply amazing...and disheartening to read this.

 

However, you indicate that you are taking a very strong position with them (by using facts and law to back you up-- not just emotion) which is the right thing to do... stay unemotional with them for the most part...and really...best of luck with your fight.

 

Worst case -- you refile or take appropriate legal action-- who knows... perhaps your initial action alone may help your case reverse the white or -- at least discourage any further abuse/false charges against you/your relationship.

 

Best to you and don't give up!

[david_dawei]

The petition goes back to the office where it was originally filed. The breakdown seems to happen when it does get back, the petitioner can't get the info from USCIS with the specifics from GUZ.

and it makes it way to the service center with a pit stop first at NVC... so you can periodically check with NVC to see a possible status.