denied and refiling

[Guest Rob & Jin]

Question for the big guns here

 

 

things seem to have changed at GUZ

 

what are the options for folks with white

 

K-1

 

K-3

 

CR-1

 

 

lets break it down by group and pin it

[chilton747]

I am not sure that I follow you on what has changed. Are you saying that the options after a white has changed or has the number of white slip recipients changed? The latter would only be specific to CFL. As far as I know, the options have been the same, for at least as long since I received my white, as far as refiling.

[warpedbored]

I'm wondering if the number of white slips at GZ are increasing or if it is more of a CFL thing. Are the newer members less prepared than those before them or has GZ cut back on blue slips and increased the white? If so then is there some new standard such as length of time between meeting and marriage?

[chilton747]

I'm wondering if the number of white slips at GZ are increasing or if it is more of a CFL thing. Are the newer members less prepared than those before them or has GZ cut back on blue slips and increased the white? If so then is there some new standard such as length of time between meeting and marriage?

 

IMHO, I think that CFL has been more publicized and people with trouble have been coming here. I would venture to say from all that I have heard that GZ has always issued many white slips for years.

[splinterman]

Some time ago and I cannot remember where, I believe I read somewhere where that there was an unofficial 2 year waiting period that DHS preferred to see with couples where one was of Chinese citizenship before a visa was issued. I wish I could remember where that was now, and whatever else had been said. Maybe it was limited only to folks who were squeaky clean in their petitions, I don't know.

 

But it seems that we who do get white slips are looking at approximately a 2 year ordeal, so could this have anything to do with the latest trend?

[Sebastian]

Rob, I'll follow up with a more pointed answer in a moment, but - I'll suggest to you that more ppl get a blue or white because MORE ppl are filing petitions.

[hopelives]

I'm wondering if the number of white slips at GZ are increasing or if it is more of a CFL thing. Are the newer members less prepared than those before them or has GZ cut back on blue slips and increased the white? If so then is there some new standard such as length of time between meeting and marriage?

Is that a common thread running through the whites a limited courtship

[Sebastian]

Question for the big guns here

 

 

things seem to have changed at GUZ

 

what are the options for folks with white

 

K-1 wait for the NOID to return, appeal, or GO TO HKG, get married, file I-130 with followup I-129F for K-3 , adjudicate K-3 in HKG.

K-3 address the denial reasons in the I-864 submittal, get the I-130 back in play

 

CR-1 rare - but - file for a I-129F, get a K-3 in play, address the denial items in the K-3.

 

 

lets break it down by group and pin it

 

Anyway, thats my opinion based on what I've read here. other than reading here, hei - who knows?

Edited January 14, 2009 by Darnell (see edit history)

[Tom and Ling]

Question for the big guns here

 

 

things seem to have changed at GUZ

 

what are the options for folks with white

 

K-1 If denied ....file I-130 ,than I-129F and pursue

the K-3, Than if K3 denied ,you still have the I-130 to fall back

on.

K-3 If denied....wait about 6 months before Activating the I-130 that is at NVC unless you can not wait 6 months,,but make sure to address the reasons for denial.

 

CR-1 If denied should try and address the reasons for denial, but wait about 6 months before filing another I-130 or an I-129F for K3 if K3 can be done.

 

 

lets break it down by group and pin it

Edited January 14, 2009 by Tom and Ling (see edit history)

[Missingyou]

Why should there be a 6months waiting period for K-3 or CR-1 before re-filing or continue on with CR-1?

[griz326]

Perhaps the recent surge in WHITEs that we've all noticed here is attributable - in part - to people finding this site after the fact.

 

Another thing that I've made mental note of over time is that more WHITEs are issued to people who marry on their first meeting than those who marry on subsequent visits. Of course, there are plenty of WHITEs issued to people who knew each other a long time...so what's up with that?

[splinterman]

I personally think the whites come into play when there are some other factors, at least one or more, that send up the red flag to a VO. The wide variance of why some get a white and others don't I think is because of the individual preferences of the different VOs, their experience level, their attitudes etc.

 

Overall, I believe that GUZ wants to see some time accrued in a relationship, especially when there has been a recent divorce and even more so when the USC has 'met' the SO and visited her/him before the legal conclusion of a US marriage.

 

If any of this applies to anyone who will be filing in the future, I think it is important to include in your filing a letter that explains the circumstances of how and why you 'met' your SO before your US divorce date. If you don't tell GUZ (USCIS doesn't care about this, though) that you were separated from your US wife for however long you were, they will not know that just by looking at the dates of your timeline with your Chinese partner. They'll assume the NABR automatically and white you.

Edited January 14, 2009 by splinterman (see edit history)

[Tom and Ling]

Why should there be a 6months waiting period for K-3 or CR-1 before re-filing or continue on with CR-1?

 

Hi Missingyou,

 

My own opinion about the time line to refile again. I have seen people on this web site who have gotten a denial and refiled so fast that they have not addressed the issues of the first denial.

People can do as they please ,,and file immediately but if you do than the VO is going to see that you were "fast on the draw".

"In my opinion only"..I think a relationship should be given minimum 6 months to develop and also "In my opinion only",,if you are denied than there should be about 6 months before another petition is filed again...if nothing else, to address the issues of the first denial.

"Just my opinion". And people can and are going to do what they want..

 

Tom and Ling

[Tom and Ling]

If you don't tell GUZ (USCIS doesn't care about this, though) that you were separated from your US wife for however long you were, they will not know that just by looking at the dates of your timeline with your Chinese partner. They'll assume the NABR automatically and white you.

 

This is why..when you file a petition with USCIS that you give USCIS a letter of evolution of relationship...so that if USCIS approves than GUZ can not use what ever is in the "letter of evolution of relationship" against you.

I addressed the language issue, told about my previous marriage and divorce, and explained about the marriage on first meeting Ling.

USCIS approved everything,,so GUZ would have had to come up with some new issues. This is the reason front loading is important.

"In my opinion"..... B)

 

Tom and Ling

[rogerinca]

I'm wondering if the number of white slips at GZ are increasing or if it is more of a CFL thing. Are the newer members less prepared than those before them or has GZ cut back on blue slips and increased the white? If so then is there some new standard such as length of time between meeting and marriage?

 

IMHO, I think that CFL has been more publicized and people with trouble have been coming here. I would venture to say from all that I have heard that GZ has always issued many white slips for years.

 

 

I have been thinking about this very issue for a couple of months now Charles, and I tend to agree with you assessment, very much.

 

In the past, months back, most here became known personalities and individuals, and we all worked and tracked progress together. More recently, there are all of these new 'members' who have been popping out of the wood work so to speak, and the first we hear from them is that it is blue or white, with no background, no timeline, no understanding of what may in fact, be the true issues at the root of the problem.

 

I think the stats are fairly constant, it is the perception that is being skewed here. Also, this is in IMHO, just as yours.

 

I will also offer that with what you have endured and with my own personal experience and education herein, our opines are credible.