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1st my apologies for lurking here many months, gleaning valuable information and failing to attempt to reciprocate. I think Candle is one of a kind. Now that Ling and I have fallen victim to this system it's time to jump in. And ask directly for advice.

 

She has detailed for me a solid accounting of her interview, which I will post later (it was bloody). The major issues we can infer from it are:

 

1 - No common language

2 - Only 1 trip in 15 months

3 - Send her money infrequently

 

All criteria has been met. Everything in order, yet, no bona fide relationship. The VO actually told her I did not love her....

 

Was unemployed for 6 months (1207 - 0508) which resulted in the single trip and months of tight money management. All that has been overcome now but too late.

 

Am planning a trip to GUZ in early Feb to attend citizen's meeting but fear it will not help the current NOID. Have sent email to the IV address but received the canned response. No contacts at GUZ. Am making the trip if for no other reason than to ask what is the criteria for a bona fide relationship? Need to see her as well.

 

My questions are:

 

1 - What are the odds of overcoming the denial after file is returned to US? Where can I find info on this process? How can I fascillitate the process?

 

2 - Should we begin alternative visa process now? (IR1/CR1)

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My two cents -

1. make 2 more trips to see her.

2. get the I-130 back into play at the NVC

3. study the I-130 instructions again, send more info about bonafide relationship with the I-864.

4. learn some chinese, make some videos with you and her on oovoo.com (or in person) speaking in chinese. export to mpeg output, make a dvd. Send this DVD in with the I-864 .

Edited by Darnell (see edit history)
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her interview transcript. please forgive the length.

 

I went to consulate and wait on line at 6:40am, at 7:40am, they started to let us in,and gave us numbers. in 4th floor, we submited our numbers, got through the security check. we left the belt and cell phone. when we enter the hall, it's 8am. some chinese clerks were working. I found a seat and sit down. I was calm at the begining, I had faith that I can meet my Lao Gong. I thought after today I can go to buy flight ticket, and buy gifts for Lao Gong's siblings and friends. but untill 10am, I didn't get notices, I thought good things are always later. between 9-10am, many ladies got the white or blue notes. after 10am, I started to get nervous and anxious. at 10:30am, one laby was called to interview at No. 25 window. The VO is a black man, all of us heard their talking, VO asked her: when did you get married? How many time had your husband visited you? Does he send you money every monthes? the lady answered: we have been getten married for near 2 years, since we got married, my husband only visited me once. she said: my husband is not in good health, I worry about his body on the long trip. VO asked about her husband's income in US, and how he support you and your daughter. the lady says: we are husband and wife, we should live together, he needs me to take care. But VO didn't listen to it. just said: sorry I can't approve your application, because your marriage is not true. and gave her the white note. When I heard about their conversation, I was very nervous. because my situation is similar to this lady, my Lao Gong seldom sent me money, I started to be scared. suddenly they called No. 10003, I didn't notice, other ladies reminded me. at that time, it was 10:40am. I went to the No. 28 window, I sent the package to chinese clerk, she asked me if I have been out of China, I answered: No. she asked me if I have been to HongKong, TaiWan, Marco? I asked No. then asked me if I was rejected the visa in consulate? I answered no. then she let me to wait. when I went back seat, there were very few people, almost all ladies got white notes. some ladies have good very good documents, they can speak English, but still got blue or white notes. I started to think I may not pass the interview. 11am, someone called No. 10003, that's No. 18 window, I gave my passport, and press my finger, let me wait again. all the waiting people are very nervous, wish to get the approval. but still more white notes. 11:10am, they called again, 10003 go to No. 28 window. I stand up, my legs was shaking, when I went to the window, I saw VO is a white lady, I couldn't say anything from her face, no chinese clerk there. I smiled and said: Shang Wu Hao (chinese), I thought it was over 11am, I couldn't say: good morning. VO spoke English to me, but I couldn't understand, I gave her my passport, told her in CHinese: my English is not good, hope she can talk to me in Chinese. She didn't accept it. I gave her the letters between my Lao Gong me, she looked at it and talked to me in English. I didn't know what she said. VO stopped speaking, turned to VO at No. 27 windo, VO hold the my letters and talked to VO of 27# window . I didn't understand. then VO turned back and spoke to me in chinese.

 

First question: is Lian the marriage broker, did she translate all your letters? I asnwered: Lian is my friend, she is a teacher in college.

 

2nd Qestions: You don't know English, your Lao Gong doesn't know chinese, you can't communicate. My answer: we use the translation software, VO let me give her the letters. that's the 3rd letter of us, VO let me read it to her, the letter wrote: I have married twice, the second marriage last 4 years, we divorced 3 years ago. over a year ago, I was with a woman for 5 months, now I am single for a while. You should know if we got married, you will live with me in U.S. if we decided to get together, I hope we could be serious. This coming May or June, I would come to China to visit you. After I read it, VO asked: Did you Lao Gong still have girlfriend 5 months ago? I answered: before we met, they seperated. but I noticed VO doesn't believe my explanation.

 

3rd question: did your husband send you money? I said: yes. VO asked me to give her the receipts of wire. VO asked: Does your Lao Gong send you money every month? I said, no, only on special days and holiday, he sent me gift and money.

 

4th question: Do you have pictures? I said yes. I gave her photos. said, there are our wedding reception and place we went. VO turned to 27# window, talked and laughed., it last for about 2 minutes. she turned back and gave the photos back.

 

5th question: How many times has your husband visited you since you met and got married? My answer: once.

VO: you have been getten married for over 1 year, why LaoGong didn't visit you. My answer: because he used the vacation of 2007 for our marriage, 2008, he changed another job, didn't have vacation. VO: why changed new job? My answer: his company was burst up. VO: when did your husband not work in the previous company. my answer: from 11/26/2007 to June of 2008. VO: in over 6 months, your Lao Gong had time, but didn't visit you? it shows that he doesn't love you. My answer: He needs a new job to make good life for my son and me. Everyday he needs to check online and go to different company for interview, untill June, he got this new job. The new company hasn't given him vacation. VO still doesn't believe my explanation.

 

6th question: What did your husband do before? what does he do now? My answer: He is distribution manager before and now. VO called a interpreter and asked me again. I answered the same, Distribution manager in Chinese.

 

7th question: VO asked about the supporting documents or tax? I didn't hear it very clearly. I was distracted, I answered: 2005, 2006, it's over 50000 dollar a year, 07 was over 60000 dollar a year, 08, it's 3.1 dollar a year.

 

8th question: where is your ex husband? My answer: Chongqing.

 

That's all questions she asked, at last, she said: sorry I can't grant your visa, because your marriage is not true. I asked why? we are true husband and wife, why can't get through. She still said, I can't approve you. because you are not true. ok, gave back the passport.

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Guest Dylan W

I wonder if it would have made a difference for you to be there for the interview. And for your SO to hand your passport over to the VO prior to the interview. Just a thought... :lol:

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couldn't have hurt

 

We have no objective evidence that being there makes a difference if they form the judgment that you are non bona fide. Many people get visas without their SO there. Your life circumstances made it impossible to go. Don't feel guilty about that. You don't know if that was a factor and no one else does either.

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While I still have yet to go through the process, from what I have gleaned and reading your interview comments, I think you may have fallen into the trap that results in too much information.

 

Some months ago, there seemed to be a common suggestion here about not giving too much information to the VO, so that they can trip up your SO during an interview. So instead of suppling specific information on your house, like primary color, trim color, roof composition, type of heating, etc, just your address. Since everything else gives the VO a chance to try to trip up your SO with nit picking questions.

 

Otherwise, I wonder if your wife got the same VO that Tsaps wife had?

 

SC

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1 - No common language

2 - Only 1 trip in 15 months

3 - Send her money infrequently

 

I don't want to sound like I am picking on you, but you should be realistic. The vo consider everyone a potential visa fraud case, so try to look at this situation as an outsider.

 

1) You are supposed to be able to guarantee the people you bring to usa will not become a burden to the government due to finances, or health.

 

If you can not afford to visit your wife, or send her money, then how will you support her once she is here. I know you can not control being layed off, but how can you ensure your wife will not be on welfare, if you can not keep a job, and can not support her now?

It is not acceptible for you to marry her, expecting her to support you.

 

2) You are supposed to love this person, she is your wife.

How can you know someone you have only visited once, and that can not speak your language?

 

My wife is chinese. We have met many chinese women married to american men. They are in a situation like yours where the wife speaks little english, and the man speaks no mandarin. My wife can not understand how these friends of ours have a relationship with so little spoken interaction. Truth is we see the weakness in it, and try to help by translating sometimes. The love between them gets very strained, and I worry for them.

If you have only one short visit, you are living in a dream world. It is very easy to love someone with the internet between you. sentences can be reviewed before hitting enter, time between talking leaves you with much to discuss. There is no family, financial, or emotional pressure weighing on you both.

 

What will you do when you are together all day, are frustrated by something, and you can not explain to her what is making you frustrated?

 

3) Sending money has been seen as a disadvantage, however in your case they seemed to want you to. If her answer had been, "he doesn't send money because I don't need it. I am financially independent" then there would not have been an issue. If you don't send money, when she needs money, then this is terrible. I can see how the vo thought you didn't love her. If she is in need of money, and you can't or wont help her, what kind of life will she have with you?

Are you really going to be the responsible stable husband your wife deserves, if you don't take care of her needs?

 

 

I apologize if I offend you, I realize you are very hurt by the white paper. However, if you don't see your relationship through the vo persons eyes, then you will not be able to overcome their doubts.

Do the things you need to so that the vo is confident you have a relationship that can last.

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Question # 2 - the letter was awkward - ditch it. Too much information there, like smitty says. Question # 4 I suspect you could have had better pictures - posed pictures don't necessarily help your case.

 

Sounds like the interview was very awkward - work on her confidence.

 

A common language is an issue with some VO's more so than others.

 

Overall, though, I think you could have had a better VO

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I was told by one of the GUZ consular officers that communication is important. If both don't know Chinese or English, it brings up doubts about the communication between the two. I know speaking English is not required to get the pink, but if the SO can speak English at the interview or prove that the petitioner can speak Chinese, it puts all doubt of communication to rest.

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