JBHypno Posted April 29, 2009 Report Share Posted April 29, 2009 (edited) Ok my wife got the white on Tuesday. She wasn't given a reason except for the bonafied relationship excuse. Based on the first question I think that she was denied because it was over a year since I was in China. Mostly due to work and money issues. She had a letter from me that explained the situation plus a letter from the bank showing we had an account together but I don't think she really looked at them. I spoke with a lawyer in GUZ, Peter Paget, who said I had a slight chance of keeping the application in China if I came within 30 days. I was planning on going in June. Assuming that I can pull the money together and get the time off does it make sense for me to try to keep the application in GUZ or should I let it be kicked back to the US? If I let it be kicked back how long is it currently taking to get the letter and to process appeals? I am CR-1 now but will hit my 2 year anniversery in June. I was forced to be apart from her for almost 2 years and don't want to wait another 2 years to bring her here to the US. JBHypno Edited April 29, 2009 by JBHypno (see edit history) Link to comment
Randy W Posted April 29, 2009 Report Share Posted April 29, 2009 You cannot appeal a visa denial. If you want a chance to get a reversal, you would have to go to GUZ NOW, before they have a chance to put your case in lockdown. It has been done, but your chances are slim to none. If it is sent back to the US, you may receive a notice of intent to revoke. The most you can hope for here is that they may re-affirm the petition and send it back to GUZ for a second chance at a visa. Link to comment
heyjimi Posted April 29, 2009 Report Share Posted April 29, 2009 Ok my wife got the white on Tuesday. She wasn't given a reason except for the bonafied relationship excuse. Based on the first question I think that she was denied because it was over a year since I was in China. Mostly due to work and money issues. She had a letter from me that explained the situation plus a letter from the bank showing we had an account together but I don't think she really looked at them. I spoke with a lawyer in GUZ, Peter Paget, who said I had a slight chance of keeping the application in China if I came within 30 days. I was planning on going in June. Assuming that I can pull the money together and get the time off does it make sense for me to try to keep the application in GUZ or should I let it be kicked back to the US? If I let it be kicked back how long is it currently taking to get the letter and to process appeals? I am CR-1 now but will hit my 2 year anniversery in June. I was forced to be apart from her for almost 2 years and don't want to wait another 2 years to bring her here to the US. JBHypno Sorry to here of your denial,I know the feeling,my wife received white in October 08,a k3...my file has not yet made it to USA yet.It takes a long time to get back to usa....they're in no hurry to get it here,you do realize!!!!!!........i was in the same situation,i was unable to be with my wife for her interview,due to the fact i started a new job and had no vacation.If it was me,I would scrape up the money and get to China,don't do it because you might have a chance to keep your case in Guz,although if there is a miracle it can be turned into something good,this would be a good thing,but geez,do it for your wife,she needs you.Not much is ever talked about on here,on how this denial affects the chinese wife,especially when they are law abiding citizens of china,and they take pride in being good law abiding citizens,and they have been basically been called liars....talk about saving face,man this government has just shoved their face in dirt,sorry for being so blunt.......but Chinese woman take this as a big blow to their character ,i know it affected my wife.You being there will be great help.and i understand if you cant get there,everyones situation is different,but i would sure make every effort to be there with her.i know how you feel.I been there.good luck !!!! Link to comment
HelloWorld08 Posted April 29, 2009 Report Share Posted April 29, 2009 damn, sorry for the white, maybe you can consulte with Marc Ellis or John Roth??? Link to comment
Guest Pommey Posted April 29, 2009 Report Share Posted April 29, 2009 Really there is little chance of doing anything visa related in GUZ now, just go there to be with your wife. contact Mark Ellis Really folks I know everyone is different, money wise, but lets take this case as a example- denied visa= extra visits, lawyer, re-petition fees, etc. come on if you were a VO what would you think about no visit in a year or more ? not having a pop at any individual, but just look at the the whites coming and the amount of visits/ evidence presented. would you go to war without any guns ? sorry for your white, CR-1 white, I dont know about revocation/ appeal on that, different from K-I/3 maybe, only thing I can advise is contact Mark Ellis or another "track proven" immigration lawyer. Link to comment
hopelives Posted May 1, 2009 Report Share Posted May 1, 2009 You cannot appeal a visa denial. If you want a chance to get a reversal, you would have to go to GUZ NOW, before they have a chance to put your case in lockdown. It has been done, but your chances are slim to none. If it is sent back to the US, you may receive a notice of intent to revoke. The most you can hope for here is that they may re-affirm the petition and send it back to GUZ for a second chance at a visa. A reversal being from the VO's supervisor? I think I know the answer but does the USC have the right to a meeting with the supervisor Link to comment
Randy W Posted May 1, 2009 Report Share Posted May 1, 2009 You cannot appeal a visa denial. If you want a chance to get a reversal, you would have to go to GUZ NOW, before they have a chance to put your case in lockdown. It has been done, but your chances are slim to none. If it is sent back to the US, you may receive a notice of intent to revoke. The most you can hope for here is that they may re-affirm the petition and send it back to GUZ for a second chance at a visa. A reversal being from the VO's supervisor? I think I know the answer but does the USC have the right to a meeting with the supervisorTheoretically, yes. But try explaining that to anyone at GUZ. Link to comment
Guest jin979 Posted May 2, 2009 Report Share Posted May 2, 2009 one member got a meeting recently, but it changed nothing. Link to comment
Stepbrow Posted May 2, 2009 Report Share Posted May 2, 2009 You cannot appeal a visa denial. If you want a chance to get a reversal, you would have to go to GUZ NOW, before they have a chance to put your case in lockdown. It has been done, but your chances are slim to none. If it is sent back to the US, you may receive a notice of intent to revoke. The most you can hope for here is that they may re-affirm the petition and send it back to GUZ for a second chance at a visa. A reversal being from the VO's supervisor? I think I know the answer but does the USC have the right to a meeting with the supervisor I met with the supervisor when my wife got her white slip. You do have the right, but you have to insist on it. The job title of this person is IV (Immigrant Visa) Chief. You should first meet with the Con Off (consular officer) who denied the visa. Ask specifically for all of the reasons for the denial. Then be prepared to rebut, with evidence, these reasons. Link to comment
Stepbrow Posted May 2, 2009 Report Share Posted May 2, 2009 Ok my wife got the white on Tuesday. She wasn't given a reason except for the bonafied relationship excuse. Based on the first question I think that she was denied because it was over a year since I was in China. Mostly due to work and money issues. She had a letter from me that explained the situation plus a letter from the bank showing we had an account together but I don't think she really looked at them. I spoke with a lawyer in GUZ, Peter Paget, who said I had a slight chance of keeping the application in China if I came within 30 days. I was planning on going in June. Assuming that I can pull the money together and get the time off does it make sense for me to try to keep the application in GUZ or should I let it be kicked back to the US? If I let it be kicked back how long is it currently taking to get the letter and to process appeals? I am CR-1 now but will hit my 2 year anniversery in June. I was forced to be apart from her for almost 2 years and don't want to wait another 2 years to bring her here to the US. JBHypno I think that you have missed the boat on trying to reverse this. Too much time will have passed by the time you get there. Just refile. Keep you eye on the mail box. Make more visits. You'll get the visa next time. Link to comment
georgeandli Posted May 2, 2009 Report Share Posted May 2, 2009 JBHypno, Our filing status was different and many moons ago. All my advice is outdated and wouldn't apply. The best I can say is good luck and don't let Guz get you or the SO down. She needs a rock, be there for her. Link to comment
JBHypno Posted May 2, 2009 Author Report Share Posted May 2, 2009 The first lawer I spoke to said there was a chance but I would need to go back ASAP. I also emailed Marc Ellis and he seemed optimistic but hasn't replied to my email with the additional information he wanted. Based on Roth's memorandum we had several red flags but she wans't given any oportunity to overcome. The woman who interviewed her never even looked at the additional evidence she had with her. It was like as soon as she said I had been there once it was over. I am in a very demanding job in a bad enconomy and couldn't afford to keep visiting. We talk everyday on webcam and have a very stong relationship. She helped me get thru my divorce and even though I am in this for the long haul I think her family may start putting pressure on her since they want her to start a family. I am prepared to go to China this week, even though I don't have all the money I would have had if I could have waited until June like I planned to. I just need to know if there is any chance of getting this resolved without waiting for 2 years. I-130s don't expire so I don't think I have the option of reapplying. Tell me this GUZ would a woman who was commiting fraud run off to temple to pray for answers on why she was treated like this if she didn't love me and want to be with me. We love each other and want to be together but I am not rich and can't afford to make too many trips and my company won't give me alot of extended vacations anyway. Anyone know the best phone number to contact Marc Ellis at? I can't keep playing email tag I don't have the time before this gets kicked back to the US. JBHypno Link to comment
HelloWorld08 Posted May 2, 2009 Report Share Posted May 2, 2009 there is a phone number at his website http://www.marcellislaw.com/ (713) 893-7091 Link to comment
chilton747 Posted May 2, 2009 Report Share Posted May 2, 2009 Using a lawyer to keep this case in GZ and then try and rebut it is gonna cost you a ton of money. What does your wife say about this? Link to comment
Guest Pommey Posted May 3, 2009 Report Share Posted May 3, 2009 Using a lawyer to keep this case in GZ and then try and rebut it is gonna cost you a ton of money. What does your wife say about this? plus I've never heard of it working. has anyone ? Link to comment
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