CR-1 denied by Guangzhou

[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.

 

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.

 

 

Darnell,

 

Thanks for this information. It is extremely helpful. I am so glad that I found this website. Everyone is so helpful and generous with information.

 

Would you recommend that I hire an attorney like Marc Ellis to assist me or continue to try to do this on my own?

[Tom and Ling]

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.

 

Hi defendo

 

How long did you know your wife, before you and your wife married??

Also how long did you and your wife communicate before you went to China for the first time??

 

Sorry about the denial, but if you persist than you will probably win in the end..it's just going to take time.

 

Tom and Ling

[Sebastian]

Defendo - I can't make that recommendation one way or the other, for I don't know you, personally. With that said,

 

Having an attorney is useful in some instances. Do you have one of those instances?

 

USCIS / DOS has made it possible to file a petition without the use of an attorney. I feel strongly, that if one is a reader, and can follow instructions, and is good at handling the paperwork, then an attorney is not needed for FILING.

 

If your not a reader (no disparaging remarks towards you, not from me! ) then I'll suggest having a paralegal to assemble your filing package is useful.

 

But hey - thats just my opinion. Other folk have other opinions. You may want to have a lawyer REVIEW what you are preparing, just as a sanity check, but not file it on your behalf.

 

IMO, USCIS instructions are list-based, in a list-format. If you aren't a list-oriented person, then you should seek assistance.

[Tom and Ling]

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.

 

Hi Darnell,

 

I still have a question about filing an I-129F based on an I-130 that has been denied.

My question is can one file an I-129F for K3, based on an I-130 that has a denial attached to it??

It would have to be in the system that the I-130 was denied.

Or are you suggesting this because it has not been done before and has it been done before??

Just courious.......

 

Tom and Ling

[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.

 

Hi defendo

 

How long did you know your wife, before you and your wife married??

Also how long did you and your wife communicate before you went to China for the first time??

 

Sorry about the denial, but if you persist than you will probably win in the end..it's just going to take time.

 

Tom and Ling

 

Tom and Ling,

 

That is the red flag. I did not meet my wife until my 2nd day in Chongqing and we were married a week later. But when I first looked into her eyes I knew that my life would be incomplete without her. Over the next 45 days we traveled in China and I know what is in her heart.

 

Thanks for the support.

Jay

[Yuanyang]

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.

 

Hi defendo

 

How long did you know your wife, before you and your wife married??

Also how long did you and your wife communicate before you went to China for the first time??

 

Sorry about the denial, but if you persist than you will probably win in the end..it's just going to take time.

 

Tom and Ling

 

Tom and Ling,

 

That is the red flag. I did not meet my wife until my 2nd day in Chongqing and we were married a week later. But when I first looked into her eyes I knew that my life would be incomplete without her. Over the next 45 days we traveled in China and I know what is in her heart.

 

Thanks for the support.

Jay

I think that the red flag is only part of it. I didn't meet my wife face-to-face until 3 days before we married. You've also spent more time in China in that one visit that I did in all 4 visits.

[Tom and Ling]

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.

 

Hi defendo

 

How long did you know your wife, before you and your wife married??

Also how long did you and your wife communicate before you went to China for the first time??

 

Sorry about the denial, but if you persist than you will probably win in the end..it's just going to take time.

 

Tom and Ling

 

Tom and Ling,

 

That is the red flag. I did not meet my wife until my 2nd day in Chongqing and we were married a week later. But when I first looked into her eyes I knew that my life would be incomplete without her. Over the next 45 days we traveled in China and I know what is in her heart.

 

Thanks for the support.

Jay

I think that the red flag is only part of it. I didn't meet my wife face-to-face until 3 days before we married. You've also spent more time in China in that one visit that I did in all 4 visits.

 

Hi Yuanyang and defendo,

 

I don't think it is the First visit and married in 3 days. I went to China on my first visit and married Ling 5 days later.

For defendo...I can see that it would be a red flag if you went to China and you met and married in 2 to 3 days.

As for Ling and I...we communicated by e-mail and snail mail letters for 7 months before I flew to China and married her.

This is why I think...starting a relationship of about 6 months is so important in the beginning before one goes off and gets married...but that is "just my opinion"....

 

all of us folks on CFL would like you to fill out a time line. The time line is so the folks can keep track of Visa processing.

It is usually done in your signature file, and look at mine for an example or any of the other members.

 

Tom and Ling

[Guest Rob & Jin]

Things have changed in GUZ (i believe) from the old days, anyone with blue or white should IMHO consult with a lawyer who knows his stuff in regard to overcomes and GUZ (why take the risk not to) Marc Ellis seems like the one now Peter has faded.

In my belief if if you have red flags or issues consult him before the interview, he's a good man and a consult is free.

 

you are not getting a libary card here so take the time and spend the $$$ Bengimin's

[Tom and Ling]

Things have changed in GUZ (i believe) from the old days, anyone with blue or white should IMHO consult with a lawyer who knows his stuff in regard to overcomes and GUZ (why take the risk not to) Marc Ellis seems like the one now Peter has faded.

In my belief if if you have red flags or issues consult him before the interview, he's a good man and a consult is free.

 

you are not getting a libary card here so take the time and spend the $$$ Bengimin's

 

Hi Rob and everyone,

 

Yes, Peter has faded....have no clue where he is.

The office in the Consulate building says he is still there, but after further questioning ..I got the feeling they were lying.

These law offices in the consulate building are like sharks...

I actually called the law office in the US and they told me that he has not been associated with them for five years. Than they gave me an e-mail address and have never gotten a reply.

 

Tom and Ling

[defendo]

Things have changed in GUZ (i believe) from the old days, anyone with blue or white should IMHO consult with a lawyer who knows his stuff in regard to overcomes and GUZ (why take the risk not to) Marc Ellis seems like the one now Peter has faded.

In my belief if if you have red flags or issues consult him before the interview, he's a good man and a consult is free.

 

you are not getting a libary card here so take the time and spend the $$$ Bengimin's

 

Hi Rob and everyone,

 

Yes, Peter has faded....have no clue where he is.

The office in the Consulate building says he is still there, but after further questioning ..I got the feeling they were lying.

These law offices in the consulate building are like sharks...

I actually called the law office in the US and they told me that he has not been associated with them for five years. Than they gave me an e-mail address and have never gotten a reply.

 

Tom and Ling

 

So are you saying that Marc Ellis is a shark too or was this a general comment.

[Yuanyang]

Hey Smart Guys (that's David Z and Randy W)? For all of these white slips can/should an I-601 be filed?

 

I-601

What Is the Purpose of This Form?

An alien who is ineligible to be admitted to the USA etc...

 

Who May File This Form?

1. ...

2. ...

3. K1 or K2

4. K3, K4 or V nonimmigrant visa

5. etc...

 

It does list 221g has those who can not file.

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

[Tom and Ling]

Things have changed in GUZ (i believe) from the old days, anyone with blue or white should IMHO consult with a lawyer who knows his stuff in regard to overcomes and GUZ (why take the risk not to) Marc Ellis seems like the one now Peter has faded.

In my belief if if you have red flags or issues consult him before the interview, he's a good man and a consult is free.

 

you are not getting a libary card here so take the time and spend the $$$ Bengimin's

 

Hi Rob and everyone,

 

Yes, Peter has faded....have no clue where he is.

The office in the Consulate building says he is still there, but after further questioning ..I got the feeling they were lying.

These law offices in the consulate building are like sharks...

I actually called the law office in the US and they told me that he has not been associated with them for five years. Than they gave me an e-mail address and have never gotten a reply.

 

Tom and Ling

 

So are you saying that Marc Ellis is a shark too or was this a general comment.

 

Hi defendo,

 

Marc Ellis as far as I know doesn't have an office in the consulate building and He is the only one "if he did have an office" that I would trust. My impression is that the law offices in the consulate building are feeding off blue and white slips.

 

Tom and ling

[Randy W]

Hey Smart Guys (that's David Z and Randy W)? For all of these white slips can/should an I-601 be filed?

 

I-601

What Is the Purpose of This Form?

An alien who is ineligible to be admitted to the USA etc...

 

Who May File This Form?

1. ...

2. ...

3. K1 or K2

4. K3, K4 or V nonimmigrant visa

5. etc...

 

It does list 221g has those who can not file.

 

 

I think they are found inadmissable at the hearing in the US by the USCIS. This rarely happens. But this is one reason why a lawyer might be useful in figuring out what to do.

[Guest Rob & Jin]

Hey Smart Guys (that's David Z and Randy W)? For all of these white slips can/should an I-601 be filed?

 

I-601

What Is the Purpose of This Form?

An alien who is ineligible to be admitted to the USA etc...

 

Who May File This Form?

1. ...

2. ...

3. K1 or K2

4. K3, K4 or V nonimmigrant visa

5. etc...

 

It does list 221g has those who can not file.

 

 

I think they are found inadmissable at the hearing in the US by the USCIS. This rarely happens. But this is one reason why a lawyer might be useful in figuring out what to do.

 

I-601 appeal cannot be filed unless the consulate give you that option, correct ?

[Randy W]

Hey Smart Guys (that's David Z and Randy W)? For all of these white slips can/should an I-601 be filed?

 

I-601

What Is the Purpose of This Form?

An alien who is ineligible to be admitted to the USA etc...

 

Who May File This Form?

1. ...

2. ...

3. K1 or K2

4. K3, K4 or V nonimmigrant visa

5. etc...

 

It does list 221g has those who can not file.

 

 

I think they are found inadmissable at the hearing in the US by the USCIS. This rarely happens. But this is one reason why a lawyer might be useful in figuring out what to do.

 

I-601 appeal cannot be filed unless the consulate give you that option, correct ?

 

No - I-601 is waiver of inadmissability -this would allow a new petition to be filed in the event that Marc Ellis's worst case scenario 212(a)(6)©(i)[1] Misrepresentation trap comes about

Edited January 15, 2009 by Randy W (see edit history)