CR-1 denied by Guangzhou

[defendo]

I hope some members of this site can provide information to me so I can make some decisions as to how to proceed with my immigration case. I filed a CR1 petition for my Chinese wife, which was approved and sent to Guangzhou. At the time of the interview my wife presented further evidence to demonstrate that we have a bona fide marriage. This evidence included 5 albums of photographs which consisted of our wedding pictures, our trip to Yunnan, China, pictures with many friends and family in China, and pictures of our honeymoon in Beijing prior to my return to the United States. She also presented many of our e-mails and Yahoo Chat notes, cards sent to her by my mother along with pictures my mother sent to her of me as a child. The Consulate officer did not make a record of these documents and only kept a copy of my tax return and Affidavit of Support. At the end of the 10 minute interview, the officer gave my wife a 221(g) denial slip without any explanation. The denial notice stated only that "additional processing" was required. Today she received the white slip indicating that the application and petition were being returned to the NVC.

 

The denial is based on the consulate officer¡¯s decision that my wife and I do not have a ¡°bona fide¡± marriage. I am sure the reason for this decision is because my wife and I married a week after we met. But I spent the next 60 days with her in Chongqing and traveling to Yunnan and to Beijing. I also returned to Chongqing on the Chinese New Year and spent another three weeks with her. I would have gone again in October, but I anticipated that she would be coming to the US by the end of the year. (silly me)

 

I am frustration and furious, but my research has shown this to be a common practice. My initial reaction was to appeal and sue because it seem there was no remedy to undo this injustice. The articles written by Marc Ellis gave me some hope that I could fight this decision.

 

I spoke to an immigration attorney who told me that if my intention is to get my wife a visa as quickly as possible, then I should abandon an appeal withdraw my petition and then re-file a new petition and start the process all over again with more evidence. He said an appeal is rarely successful and will take longer that just starting over. Of course he wants me to hire him for this. But my petition and application were correctly submitted and were approved. So I do not see the advantage of paying an attorney to do something I did correctly to begin with. The only thing that stopped this process was an unjustified decision made during a 10 minute interview by the consulate officer.

 

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

Is the attorney correct in his advise that I should abandon my current case and re-file a new petition instead of going through the appeals process?

 

Obviously, my only concern is to get my wife a visa so she can live with me in US. I would like to know what the best approach is to accomplish this in the quickest time, given my present circumstance.

 

After reading the other post, it is obvious that these unjustified denials are routine in Guangzhou. Whatever happened to due process?

 

I am extremely grateful for any information. I just need to know how to proceed from here.

 

Thanks everyone!

[Sebastian]

You can file a follow up K-3 petition via submitting an I-129F along with your new 'ton of relationship evidence' frontloaded into the petition.

 

I would not recommend any appeal, but that's just me.

 

Good Luck.

[Randy W]

 

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

 

 

The visa officer's decision is not appealable - Google the phrase "doctrine of consular non-reviewability". Marc Ellis is aware of this, and has made reference to it himself.

 

You are not accused of anything yet - your wife MAY be accused of Fraud and Misrepresentation when the USCIS reviews the package from GUZ.

 

This is VERY unlikely, but like Marc points out in his article, watch your mailbox for anything from the USCIS regarding your case. This is where your due process comes in - you ARE notified of any court action, and given a chance to respond.

 

They may re-affirm and re-submit your petition to GUZ - we have seen this happen.

 

Good luck

[Guest jin979]

was you there for the interview time ?

 

how many visits ?

 

these things seem very important now to GUZ

 

good luck

[defendo]

You can file a follow up K-3 petition via submitting an I-129F along with your new 'ton of relationship evidence' frontloaded into the petition.

 

I would not recommend any appeal, but that's just me.

 

Good Luck.

 

Thanks Darnell, I have another question. Do I need to submit another filing fee when I file the I-129F or just attach a copy of the receipt I have for the filing of the I-130.

[defendo]

was you there for the interview time ?

 

how many visits ?

 

these things seem very important now to GUZ

 

good luck

 

I was not there for the interview, big mistake on my part. If there is another interview I will be by her side. I have taken two trips to Chongqing, the first for 60 days and the second for three weeks. I am going back as soon as I figure out how to deal with this and be with my wife. We have been apart too long.

 

Thanks

[heyjimi]

I hope some members of this site can provide information to me so I can make some decisions as to how to proceed with my immigration case. I filed a CR1 petition for my Chinese wife, which was approved and sent to Guangzhou. At the time of the interview my wife presented further evidence to demonstrate that we have a bona fide marriage. This evidence included 5 albums of photographs which consisted of our wedding pictures, our trip to Yunnan, China, pictures with many friends and family in China, and pictures of our honeymoon in Beijing prior to my return to the United States. She also presented many of our e-mails and Yahoo Chat notes, cards sent to her by my mother along with pictures my mother sent to her of me as a child. The Consulate officer did not make a record of these documents and only kept a copy of my tax return and Affidavit of Support. At the end of the 10 minute interview, the officer gave my wife a 221(g) denial slip without any explanation. The denial notice stated only that "additional processing" was required. Today she received the white slip indicating that the application and petition were being returned to the NVC.

 

The denial is based on the consulate officer¡¯s decision that my wife and I do not have a ¡°bona fide¡± marriage. I am sure the reason for this decision is because my wife and I married a week after we met. But I spent the next 60 days with her in Chongqing and traveling to Yunnan and to Beijing. I also returned to Chongqing on the Chinese New Year and spent another three weeks with her. I would have gone again in October, but I anticipated that she would be coming to the US by the end of the year. (silly me)

 

I am frustration and furious, but my research has shown this to be a common practice. My initial reaction was to appeal and sue because it seem there was no remedy to undo this injustice. The articles written by Marc Ellis gave me some hope that I could fight this decision.

 

I spoke to an immigration attorney who told me that if my intention is to get my wife a visa as quickly as possible, then I should abandon an appeal withdraw my petition and then re-file a new petition and start the process all over again with more evidence. He said an appeal is rarely successful and will take longer that just starting over. Of course he wants me to hire him for this. But my petition and application were correctly submitted and were approved. So I do not see the advantage of paying an attorney to do something I did correctly to begin with. The only thing that stopped this process was an unjustified decision made during a 10 minute interview by the consulate officer.

 

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

Is the attorney correct in his advise that I should abandon my current case and re-file a new petition instead of going through the appeals process?

 

Obviously, my only concern is to get my wife a visa so she can live with me in US. I would like to know what the best approach is to accomplish this in the quickest time, given my present circumstance.

 

After reading the other post, it is obvious that these unjustified denials are routine in Guangzhou. Whatever happened to due process?

 

I am extremely grateful for any information. I just need to know how to proceed from here.

 

Thanks everyone!

Hi Defendo,

sorry to hear of your white slip.My wife also recieved the white slip in October,you'll get some good advice on here.i am not sure what path for you to take,I did the k3, then after our denial, did the cr1.also,I was unable to make it to Guangzhou,for my wife's interview,i think this was a big mistake,God willing I plan to be there for her next interview,and also do ACH....if you did not go to GUZ for her interview,I would plan on being there for her next interview,whatever direction you decide to go.

Hey,I know how you feel,it's ok to vent,blow off some steam on here.after almost 3 months after our denial,i am still pissed.there seems to be alot of white slips going around these days.

Good luck on whatever direction you decide to do next.

 

Jimi

[george lee]

were you divorce and marry, and the time gap was too sudden?

[defendo]

 

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

 

 

The visa officer's decision is not appealable - Google the phrase "doctrine of consular non-reviewability". Marc Ellis is aware of this, and has made reference to it himself.

 

You are not accused of anything yet - your wife MAY be accused of Fraud and Misrepresentation when the USCIS reviews the package from GUZ.

 

This is VERY unlikely, but like Marc points out in his article, watch your mailbox for anything from the USCIS regarding your case. This is where your due process comes in - you ARE notified of any court action, and given a chance to respond.

 

They may re-affirm and re-submit your petition to GUZ - we have seen this happen.

 

Good luck

 

 

Thanks Randy,

 

What do you think about filing a I-129 as Darnell has suggested?

[defendo]

were you divorce and marry, and the time gap was too sudden?

 

 

No, I was divorced in 1999 and did not marry my wonderful wife until May 2007. The only red flag that is apparent is that my wife and I married a week after we met, then we traveled around China. Knowing what I do now, I would have waited to get married until just before I returned to the US. However I returned to spend time with her. I just don't get it.

[Randy W]

 

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

 

 

The visa officer's decision is not appealable - Google the phrase "doctrine of consular non-reviewability". Marc Ellis is aware of this, and has made reference to it himself.

 

You are not accused of anything yet - your wife MAY be accused of Fraud and Misrepresentation when the USCIS reviews the package from GUZ.

 

This is VERY unlikely, but like Marc points out in his article, watch your mailbox for anything from the USCIS regarding your case. This is where your due process comes in - you ARE notified of any court action, and given a chance to respond.

 

They may re-affirm and re-submit your petition to GUZ - we have seen this happen.

 

Good luck

 

 

Thanks Randy,

 

What do you think about filing a I-129 as Darnell has suggested?

 

Yes - that's your best next step - I agree

[defendo]

I hope some members of this site can provide information to me so I can make some decisions as to how to proceed with my immigration case. I filed a CR1 petition for my Chinese wife, which was approved and sent to Guangzhou. At the time of the interview my wife presented further evidence to demonstrate that we have a bona fide marriage. This evidence included 5 albums of photographs which consisted of our wedding pictures, our trip to Yunnan, China, pictures with many friends and family in China, and pictures of our honeymoon in Beijing prior to my return to the United States. She also presented many of our e-mails and Yahoo Chat notes, cards sent to her by my mother along with pictures my mother sent to her of me as a child. The Consulate officer did not make a record of these documents and only kept a copy of my tax return and Affidavit of Support. At the end of the 10 minute interview, the officer gave my wife a 221(g) denial slip without any explanation. The denial notice stated only that "additional processing" was required. Today she received the white slip indicating that the application and petition were being returned to the NVC.

 

The denial is based on the consulate officer¡¯s decision that my wife and I do not have a ¡°bona fide¡± marriage. I am sure the reason for this decision is because my wife and I married a week after we met. But I spent the next 60 days with her in Chongqing and traveling to Yunnan and to Beijing. I also returned to Chongqing on the Chinese New Year and spent another three weeks with her. I would have gone again in October, but I anticipated that she would be coming to the US by the end of the year. (silly me)

 

I am frustration and furious, but my research has shown this to be a common practice. My initial reaction was to appeal and sue because it seem there was no remedy to undo this injustice. The articles written by Marc Ellis gave me some hope that I could fight this decision.

 

I spoke to an immigration attorney who told me that if my intention is to get my wife a visa as quickly as possible, then I should abandon an appeal withdraw my petition and then re-file a new petition and start the process all over again with more evidence. He said an appeal is rarely successful and will take longer that just starting over. Of course he wants me to hire him for this. But my petition and application were correctly submitted and were approved. So I do not see the advantage of paying an attorney to do something I did correctly to begin with. The only thing that stopped this process was an unjustified decision made during a 10 minute interview by the consulate officer.

 

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

Is the attorney correct in his advise that I should abandon my current case and re-file a new petition instead of going through the appeals process?

 

Obviously, my only concern is to get my wife a visa so she can live with me in US. I would like to know what the best approach is to accomplish this in the quickest time, given my present circumstance.

 

After reading the other post, it is obvious that these unjustified denials are routine in Guangzhou. Whatever happened to due process?

 

I am extremely grateful for any information. I just need to know how to proceed from here.

 

Thanks everyone!

Hi Defendo,

sorry to hear of your white slip.My wife also recieved the white slip in October,you'll get some good advice on here.i am not sure what path for you to take,I did the k3, then after our denial, did the cr1.also,I was unable to make it to Guangzhou,for my wife's interview,i think this was a big mistake,God willing I plan to be there for her next interview,and also do ACH....if you did not go to GUZ for her interview,I would plan on being there for her next interview,whatever direction you decide to go.

Hey,I know how you feel,it's ok to vent,blow off some steam on here.after almost 3 months after our denial,i am still pissed.there seems to be alot of white slips going around these days.

Good luck on whatever direction you decide to do next.

 

Jimi

 

Thanks Jimi,

 

Unfortunately I did not expect the interview to be a problem. However, my wife did present a notarized statement from me attesting to our marriage. My wife was interviewed on Oct 20 and when she was issued the blue slip I knew I was in trouble. I started corresponding with GUZ asking them what I could do to address any concerns they had. But they told me I could not submit any further information and that the petition was just undergoing "additional processing". I was proactive and immediately contacted my Senator and Congressman, but GUZ just blew them off too.

 

I hope you will be successful soon. Thanks for your encouragement.

[Sebastian]

You can file a follow up K-3 petition via submitting an I-129F along with your new 'ton of relationship evidence' frontloaded into the petition.

 

I would not recommend any appeal, but that's just me.

 

Good Luck.

 

Thanks Darnell, I have another question. Do I need to submit another filing fee when I file the I-129F or just attach a copy of the receipt I have for the filing of the I-130.

 

We have a faq here about how to file a K-3 - but basically you'll need the receipt number for the I-130 (Usually in the NOA-1) and then you send it to the address listed in the I-130 NOA-1 . Should not be any fee to file the I-129F as a K-3 ..

 

HOWEVER.

FRONT LOAD YOUR PETITION with all of your relationship evidence.

Repeat for Emphasis:

FRONT LOAD YOUR PETITION with all of your relationship evidence.

 

Take a look at a new I-130 (dowload from the USCIS web site) and review the bits about 'proof of relationship' - try to get as much of that stuff as possible and submit it with your K-3.

Edited January 15, 2009 by Darnell (see edit history)

[Bryon_Tran]

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

My fiancee and I were denied a K1 for the same reason bonafide a 221 g. I was told it was going to turn into a 212 ban for life unless I appealed it. However the K1 expired so they said I could just refile. I have heard a CR1 does not expire does it say anything about turning into a 212 if not appealed? I would refile and if they send you anything in the mail keep rebutting it. I was also told that by Marcus Ellis.

[Bryon_Tran]

Can anyone tell me if I can successfully challenge the Consulate Officers decision through the appeal process and is that a reasonable way to proceed?

 

My fiancee and I were denied a K1 for the same reason bonafide a 221 g. I was told it was going to turn into a 212 ban for life unless I appealed it. However the K1 expired so they said I could just refile. I have heard a CR1 does not expire does it say anything about turning into a 212 if not appealed? I would refile and if they send you anything in the mail keep rebutting it. I was also told that by Marcus Ellis.

Let me rephrase this I read this article by Marcus Ellis

http://www.ilw.com/articles/2006,0323-ellis.shtm

If you read that he says to keep rebutting everything they send you by mail. He never told me that personally. I only spoke to him once and he said to have my fiancee contact mr Nam. After a paid consult he sent me an email of stuff to do and not to do. Every case is different so in your case you might need to do something else