white...gutshot

[Tom and Ling]

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

I put in my Letter of Evolution of relationship that we at the time of the I-129F (K3) that we used fair English, Ling is good at translation but not conversational English, and an electronic translator when detailed questions were asked.

 

2 - Only 1 trip in 15 months

 

I don't care what other people say but three visits would be called for,,one more trip and than be there for the interview. Other people will say that being there for her interview doesn't make a difference...This is a mistake unless you can just not go...being there for her interview shows that you are there supporting her...and I made sure that I would be there for my wife.

 

3 - Send her money infrequently.

I sent money to my wife every month (to the tune of 650.00 USD per month). I don't think you have to send as much as I did but sending a wife money each month shows that (in a way) you are husband and wife. What a Chinese woman makes in China is not much...My Ling as a Nurse only made no more than $200.00 per month and she supported twin boys. So she quit her job and moved to Nanning and I supported her 100%. You don't have to support your wife 100% but I think that the Consulate is looking for some financial support..just my opinion....

 

....Read my interview report for Ling......http://candleforlove.com/forums/index.php?showtopic=34438

 

Tom and Ling

 

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)

 

Tom and Ling

[BilLing]

i appreciate all objective opinions here and hope that others can benefit from them as well

 

i will pursue the recommendations from the IMs. thanks

 

critiques aside, i would appreciate a focus on my questions

 

thanks

[Tom and Ling]

 

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?

 

Since You are a K3 and your K3 was denied ...I think I would wait for the NOID to get back to the US and address the NOID. The I-129F have usually died in the US, but this is a Husband and Wife and so you will probably get the letter of NOID and it is up to you to address it.(my opinion only)....would be give it 6 months before having the I-130 sent to Guangzhou,,but other people will chime in.

 

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

 

(my opinion only)....I would not start it now...give it 6 months, and

during this time...Go to Guangzhou in Feb. like you said and go to ACH. Also..if you can start sending your wife money on a regular basis..maybe $200.00 per month if you can afford it. I would also suggest that you and your wife invest in an electronic translator that you will be able to say that you and your wife communicate with fair english and have an electronic translator..it cost me about $250.00 USD but was well worth it. And when you submit your documents to NVC to go forward with the I-130,,send in and updated "Letter of Marital Relationship"m saying that you have an electronic

translator..this will eliminate the no common communication

 

I would also make sure (just my opinion)..be there for her interview.

 

Tom and Ling

[lostinblue]

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.

 

The 3.1 Dollar a year answer did you a lot of harm in my opinion. The VO suspects that you have not shared financial information . Something a wife would have a clear answer for. Something that would make your case stronger in the future would be for you get to a 2 year college and take a chinese course if possible and have her take english lessons in china. Good luck in the future.

[Sebastian]

she did request it upfront. the VO ignored her

 

I'm convinced she got 'Marge' - the older lady, caucasian, most commonly 'put to work' to deny a visa. But - she is 'put to work', imo, because of the internal review done in GUZ on any beneficiary's case, prior to the actual interview. Statistically speaking, based on CFL members' feedback here, Marge RARELY grants a pink. She has, but it is rare.

 

I find it strange that yer lass's crewe (those around her) mostly got blue and white slips.

[Sebastian]

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)

What follows is my opinion, I'm not any kind of expert, but I'm a reader, and I sling gistings and gleanings. YMMV.

 

1. Odds? Slim to none. RARELY is a WHITE SLIP DENIAL directly overcome. I'll do some digging this week, get you the 'info on the overcoming process'. As to facilitating the process - basically - ONCE you receive the DENIAL notice (is actually rare that you would receive the notice) then you are afforded an opportunity to APPEAL the decision. So, you'll have to address EACH item listed in the Denial Notice, at the appeal hearing. I've heard that there are two types of 'hearings' - one in which you don't need to be 'there' in person - you just submit stuff via the postal mail and another type where you show up in person, and rebut, in person, the denial.

 

2. I would suggest to you that you pick up the I-130 again, and if you feel you have a good idea of why she was denied, cover these 'areas' in the packet of stuff that you submit with the I-864 package. Normally, with an approved petition, additional items are not accepted, as USCIS already said 'YES' - but - you can request this additional 'info' to be added into your casefile, and sent to GUZ when the casefile leaves NVC. It'll take a few cover letters with your packet o info, just bear that in mind.

 

HTH !

Edited January 6, 2009 by Darnell (see edit history)

[david_dawei]

The first and last question were a 'one-two punch'; everything inbetween was a flurry of consulate jabs... There is no way they were going to approve this going into the interview. That much is obvious to me.

 

If your lucky enough; you should go to ACH and not leave till you beg on the floor for them to state why you were denied. I could tell you as much, but at least if they say it, they will record on the computer your reproof to their charges.

 

But it's still an uphill battle since you can't change some things from the past... but you can build up the next assault on the consulate.

 

I put no chance at overcoming the K3; you can only get some comments put into the computer, if your lucky; your only chance is what you do with the CR1. Probably even talk to a good immigration lawyer, which there is one which we often recommend.

[hopelives]

The first and last question were a 'one-two punch'; everything inbetween was a flurry of consulate jabs... There is no way they were going to approve this going into the interview. That much is obvious to me.

 

If your lucky enough; you should go to ACH and not leave till you beg on the floor for them to state why you were denied. I could tell you as much, but at least if they say it, they will record on the computer your reproof to their charges.

 

But it's still an uphill battle since you can't change some things from the past... but you can build up the next assault on the consulate.

 

I put no chance at overcoming the K3; you can only get some comments put into the computer, if your lucky; your only chance is what you do with the CR1. Probably even talk to a good immigration lawyer, which there is one which we often recommend.

 

David,

 

Is there any chance he can use a local lawyer and keep the petition in Guz?

 

Jim

[Missingyou]

I think you should go to ACH in Feb. When you are there, the VO probably will just read you the white slip again w/out wanting to look into your case, but don't let them push you away so soon. Stay at the window until you get an answer. I was at ACH twice myself and seen many who denied were not given chance to explain anything. Keep insisting, though it may not do overcome your denial this time, VO always leave note in their system saying who, where and what the USC went to ACH for. Hopefully, this will at least show GUZ that you and your wife are serious in your relationship and you care for her.

[BilLing]

flight scheduled. will attend ACH on february 9.