Principal of Non Consular Reviewability II

[Stepbrow]

Rob's ideas are certainly valid. One needs to prepare as much as possible in putting together your petition, and in preparing for the interview.

 

It is also true that ConOffs are looking to get through their case load as quickly as possible. If there are doubts (red flags) in the co's mind, they white slip you and let USCIS worry about it.

 

I think that we got as far as we did because I had the time to stick around and bug them. It was just a fluke, but I scheduled more time at the end of my trip in order to wait for the visa to be delivered, and to just tour the city and have a little vacation. Because I had the time, I was able to go to the consulate each day and bug them for an appointment.

 

As I thought back on my trip to GZ, I recalled each time that I talked to the consulate, they asked me how long I was staying. I kinda of wondered at the time, but later realized that they asked because they wanted to know if they could just wait me out, which they did. My time ran out and their problem went away.

 

Before I go the next time, I plan to continue with my front loading; I plan on more trips; I plan to make excellent preparation for the interview ( including better English lessons for the wife so that she can interview in English), and I plan to prepare to stay as long as it takes. I will have all of the applicable 9FAM's with me so that I can hold the conoff and IV Chief to them. I also plan to work further up the chain of command (if need be)

[Bryon_Tran]

Has anybody ever been denied the second time? I know if you try two K1's it has happened but has anyone been denied a marriage visa the second time for not bonafide? I would think they would have to find something else to deny you with the second time instead of bonafide.

[Randy W]

As I recall Alex was given a NOID which was overturned by the USCIS and sent back to GZ. At the interview Alex and his fiancee were pulled into seperate rooms and given the 3rd degree. GZ denied them again. In the end it turned out for the best because Alex discovered she really was a scammer. This is the only case I know of where an overturned NOID was denied again by GZ.

 

A non-bonafide relationship is a non-bonafide relationship. They are REQUIRED to deny (in their view) non-bonafide relationships.

[ChrisA]

Consular Non-Reviewable, reference NIOD and FOIA.

First, I can¡¯t believe that Congress has allowed a Law to exist, that puts a VO or CO to be (Judge, Jury and Executioner all in one person), and gives them power without any recourse/appellate proceedings to decide the fate of applicants and petitioners alike. No checks and balances, and is exactly why our forefather created the current system we live under.

The Judicial System has a number of steps and safeguards in place, from the Supreme Court (Appellate Court and Constitutional Review), the 9 US Circuit Courts of Appeal, the US State District Courts and so-forth.

But as I read, this problem with GUZ, it seems as if they (GUZ) are grant powers beyond that the Power of the President, not accountable to anyone. As, I see it no one is above the Law, Nixon learn this lesion hard way. How many times has a ConOff over-turned a VO recommendation? Unless, it¡¯s really blatant over-sight on the part of VO, to follow proper procedures during the interview process, which leads to over-come of the Blue Slip. The only so call appellate review is the ConOff, which the ConOff has no ¨Creview clause according to the law for a judgment call on his part, therefore no appellate review of the ConOff, this is exactly where the problem is!

Now after having some-time to think about that has been in this thread, in respect to all those whole have posted comments here, I would like to make a couple of point with respect to everyone. Those who have posted the exact wording from the DOS FAM Reg¡¯s many thanks, the law as it current written allows enough loop-holes (interpretation) for the VO and ConOff to maneuver is justifying their decision. What leads to a Blue-Slip, a number of factors that play a role here, the key part being the EOR, how much do you know about your soon to be SO, I can say this, my SO kept from me, the fact the she was married twice, I knew she was divorced once, it wasn¡¯t until the real nitty-gritty of preparing the I-129 did this little unknown fact come to light (about 20 days before filing the I-129, her words ¡°Painful Past¡±). Hence, could you image what would have or could have happened when writing the EOR had I not known about this small but very critical piece of information? (Blue-Slipped)

When GUZ does the 2nd background name check, and I will assume this check gets right to the point of the EOR and GUZ ability to obtain additional information from the Chinese Gov., if your SO hasn¡¯t been completely honest with you from the start, the Blue/white-slip is the end product of the interview and this depends on what the contents and reason for the denial.

 

IMHO

[Bryon_Tran]

As I recall Alex was given a NOID which was overturned by the USCIS and sent back to GZ. At the interview Alex and his fiancee were pulled into seperate rooms and given the 3rd degree. GZ denied them again. In the end it turned out for the best because Alex discovered she really was a scammer. This is the only case I know of where an overturned NOID was denied again by GZ.

 

A non-bonafide relationship is a non-bonafide relationship. They are REQUIRED to deny (in their view) non-bonafide relationships.

Yes they also deny bonafide relationships as non bonifide many times I'm proof of that as are many on here. So in the one situation that they denied it twice the woman was scamming her fiancee and that was good that they caught it. So what im taking from this is if you are both legit your odds of getting denied as non bonafide the second time are mute as long provide evedince of an ongoing relationship.

 

The problem is my K1 visa's now expire so there is no chance to appeal them so they don't get overturned by the USCIS anymore if they are expired. If I marry my fiancee refile a K3 with rebuttle info and they approve of the petion in a way they are overturning the consulate decision by approving the K3 and sending it over for an interview.