White denial after blue

[Rick]

Hi all,

Just got a bad news from my wife. She got a letter said a denial after our additional documents submitted (got blue slip for her interview). The reason is not bonafide relationship. I got few questions here: we applied for CR1. Do I need to wait for the actual document from USCIS before I reapply again? Also, I have sent them some original documents, do I need to fill out a form to get those back?

Is there anything I can do right now actually?

Thanks a lot,

Ricky

[3timescharm]

Hi all,

 

Just got a bad news from my wife. She got a letter said a denial after our additional documents submitted (got blue slip for her interview). The reason is not bonafide relationship. I got few questions here: we applied for CR1. Do I need to wait for the actual document from USCIS before I reapply again? Also, I have sent them some original documents, do I need to fill out a form to get those back?

 

Is there anything I can do right now actually?

 

Thanks a lot,

 

Ricky

Rick, very sorry to hear this. I am not positive...and I am sure someone with more knowledge will chime in soon. I believe that there is an appeals process available thru USCIS for a CR-1. I think Dan would know for sure. AS for originals..I am not sure. I do know that there is not much you can do right now other than try to find out when the file willbe sent back to USCIS.

 

I wish you the best of luck and keep at it........you will make it past the gov

 

Robert

[djwalker60]

Hi all,

 

Just got a bad news from my wife. She got a letter said a denial after our additional documents submitted (got blue slip for her interview). The reason is not bonafide relationship. I got few questions here: we applied for CR1. Do I need to wait for the actual document from USCIS before I reapply again? Also, I have sent them some original documents, do I need to fill out a form to get those back?

 

Is there anything I can do right now actually?

 

Thanks a lot,

 

Ricky

Rick, very sorry to hear this. I am not positive...and I am sure someone with more knowledge will chime in soon. I believe that there is an appeals process available thru USCIS for a CR-1. I think Dan would know for sure. AS for originals..I am not sure. I do know that there is not much you can do right now other than try to find out when the file willbe sent back to USCIS.

 

I wish you the best of luck and keep at it........you will make it past the gov

 

Robert

 

 

These are the situations why I am so very nervous about GUZ interview process. What are they looking for as far as bona fide relationship? When i sent in our I-130 for the eventual CR-1 I sent in 4" and 8lbs of paper. I will be there for my wife's interview and plan on doing and bringing everything I can think of. On top of that my wife is now 3 weeks pregnant.. What else can we do to prove we have a real relationship? why did they say this to you? Just really do not understand this consulate.

 

Dan

[Michael]

We were also denied for a K 1. I did do a CR 1 before I got those papers back to me. Then once they came I had the K 1 canceled. So you do not have to wait. My lawyer recommend we do a CR 1. We were also denied because they said it was not a bonafide relationship.

 

Sorry to hear this news.

 

Michael

[Rick]

We were also denied for a K 1. I did do a CR 1 before I got those papers back to me. Then once they came I had the K 1 canceled. So you do not have to wait. My lawyer recommend we do a CR 1. We were also denied because they said it was not a bonafide relationship.

 

Sorry to hear this news.

 

Michael

 

So my question is should I reapply for CR1 again or K3 instead?

[Rick]

We were also denied for a K 1. I did do a CR 1 before I got those papers back to me. Then once they came I had the K 1 canceled. So you do not have to wait. My lawyer recommend we do a CR 1. We were also denied because they said it was not a bonafide relationship.

 

Sorry to hear this news.

 

Michael

 

So my question is should I reapply for CR1 again or K3 instead?

 

Will CIS be ever review and revocation of our case? Or is it just a no hope?

[Rick]

Anyone knows what is the section of the Immigration and Nationality Act Section 5A is about?

[dnoblett]

So my question is should I reapply for CR1 again or K3 instead?

You will need to address the denied petition.

 

At this point all you can do is wait for the case to get returned to USCIS and then address it when USCIS sends you the letter.

 

Perhaps getting a lawyer like Ellis involved.

 

http://candleforlove.com/forums/index.php?showforum=39

 

Anyone knows what is the section of the Immigration and Nationality Act Section 5A is about?

GUZ covered 5A

 

Dear CFL,

 

When a family/relationship-based petition has been refused under section 5A, this essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law.

 

After an officer refuses a case under section 5A, all processing on the case in Guangzhou is suspended. The file is then returned with a recommendation for revocation to the local DHS office in the U.S. where the original petition was filed.

 

Once the file arrives at this office, DHS will send a letter to the petitioner asking if s/he wishes to appeal the consular officer's recommendation. Petitioners have 30 days in which to exercise their right of appeal. Anyone seeking to appeal is given an opportunity to review and respond to the consular officer's findings.

 

The final determination of whether to revoke the petition is made by DHS. If DHS reaffirms the petition, it is returned to Guangzhou and processing is resumed.

 

Sincerely,

USCONGUZ

 

http://candleforlove.com/forums/index.php?showtopic=26031

Edited February 11, 2010 by dnoblett (see edit history)

[Rick]

So my question is should I reapply for CR1 again or K3 instead?

You will need to address the denied petition.

 

At this point all you can do is wait for the case to get returned to USCIS and then address it when USCIS sends you the letter.

 

Perhaps getting a lawyer like Ellis involved.

 

http://candleforlove.com/forums/index.php?showforum=39

 

Anyone knows what is the section of the Immigration and Nationality Act Section 5A is about?

GUZ covered 5A

 

Dear CFL,

 

When a family/relationship-based petition has been refused under section 5A, this essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law.

 

After an officer refuses a case under section 5A, all processing on the case in Guangzhou is suspended. The file is then returned with a recommendation for revocation to the local DHS office in the U.S. where the original petition was filed.

 

Once the file arrives at this office, DHS will send a letter to the petitioner asking if s/he wishes to appeal the consular officer's recommendation. Petitioners have 30 days in which to exercise their right of appeal. Anyone seeking to appeal is given an opportunity to review and respond to the consular officer's findings.

 

The final determination of whether to revoke the petition is made by DHS. If DHS reaffirms the petition, it is returned to Guangzhou and processing is resumed.

 

Sincerely,

USCONGUZ

 

http://candleforlove.com/forums/index.php?showtopic=26031

 

Do you know if anyone had successful in appealing?

[Rick]

So my question is should I reapply for CR1 again or K3 instead?

You will need to address the denied petition.

 

At this point all you can do is wait for the case to get returned to USCIS and then address it when USCIS sends you the letter.

 

Perhaps getting a lawyer like Ellis involved.

 

http://candleforlove.com/forums/index.php?showforum=39

 

Anyone knows what is the section of the Immigration and Nationality Act Section 5A is about?

GUZ covered 5A

 

Dear CFL,

 

When a family/relationship-based petition has been refused under section 5A, this essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law.

 

After an officer refuses a case under section 5A, all processing on the case in Guangzhou is suspended. The file is then returned with a recommendation for revocation to the local DHS office in the U.S. where the original petition was filed.

 

Once the file arrives at this office, DHS will send a letter to the petitioner asking if s/he wishes to appeal the consular officer's recommendation. Petitioners have 30 days in which to exercise their right of appeal. Anyone seeking to appeal is given an opportunity to review and respond to the consular officer's findings.

 

The final determination of whether to revoke the petition is made by DHS. If DHS reaffirms the petition, it is returned to Guangzhou and processing is resumed.

 

Sincerely,

USCONGUZ

 

http://candleforlove.com/forums/index.php?showtopic=26031

 

Do you know if anyone had successful in appealing?

 

Also, I filed in California. Anyone knows how long it would take CIS to received the package? And if I want to apply for K3, right now they have some of my wife original documents, anyway I can get those back for K3 application? Thank you very much

[dnoblett]

Do you know if anyone had successful in appealing?

Yes, I have seen a few cases of successful appeals. Again at this point I would be getting a lawyer involved. The denied case WILL affect any future cases.

 

Here is what Ellis has on this:

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

 

 

Also, I filed in California. Anyone knows how long it would take CIS to received the package? And if I want to apply for K3, right now they have some of my wife original documents, anyway I can get those back for K3 application? Thank you very much

It can take the consulate 4 or more months to return the case to NVC. You may have to file an G-884 to USCIS to request any original docs back after they get the case returned. http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Rick]

Do you know if anyone had successful in appealing?

Yes, I have seen a few cases of successful appeals. Again at this point I would be getting a lawyer involved. The denied case WILL affect any future cases.

 

Here is what Ellis has on this:

Lawyers ¨C Be Careful Here!

 

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

 

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner¡¯s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

 

A Rude Surprise at the Second Consular Interview

 

Our love birds have followed their lawyer¡¯s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

 

¡°Don¡¯t worry about it. She¡¯s your wife now. The K-1 petition is irrelevant.¡±

 

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

 

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

 

 

Also, I filed in California. Anyone knows how long it would take CIS to received the package? And if I want to apply for K3, right now they have some of my wife original documents, anyway I can get those back for K3 application? Thank you very much

It can take the consulate 4 or more months to return the case to NVC. You may have to file an G-884 to USCIS to request any original docs back after they get the case returned. http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

Does it go to NVC or USCIS?

[Randy W]

DOS - Section 221(g) of the Immigration and Nationality Act - Classes of Aliens Ineligible to Receive Visas

 

Section 5A of the INA - a visa denial from GUZ is often listed as "under Section 5A of the INA". Documents from GUZ have referred to Section 212( a )5( A ) as this Section 5a:

Visa Officer Marc Cook: 212(a)(5)(A) is a proper ground of refusal for IV applicants who are determined not to be eligible for the IV category under which they have applied. For example, it is used to refuse family-based IV applicants when it is determined that the requisite family relationship does not exist (e.g., a marriage to circumvent immigration law, or DNA tests establish lack of paternity/maternity). A 212(a)(5)(A) refusal is appropriate in these cases because, once the alien no longer falls within a family-based IV category, the alien is no longer exempt from the labor certification requirement that would otherwise normally apply to immigrant applicants.

from Immigration Webchat Transcript 12/17/2008

 

212( a )5( A ) reads

(5) LABOR CERTIFICATION AND QUALIFICATIONS FOR CERTAIN IMMIGRANTS.-

 

(A) LABOR CERTIFICATION.-

 

(i) IN GENERAL.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

 

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

 

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

Their justification being that since the applicant was denied a family visa, the only other category available to the applicant is a labor visa. But the applicant, of course, is not eligible for a labor visa in the absence of an approved labor certification. A pretty cheesy "reason" for denial.

[warpedbored]

A CR-1 isn't like a K-1 visa where you can just get married and file again. I'm not a big fan of lawyers except in cases of denials. I would consult an attorney that is well versed in NOIR (notice of intent to revoke) and is familiar with the inner workings of the consulate in GUZ. Marc Ellis comes to mind as well as John Roth. Both are good attorneys. Marc has the reputation of being an authority on NOIR.

[Rick]

Hi all again,

 

I want to know now is should I wait for the letter from USCIS for appeal or just reapply for K3 or could I even reapply for CR1 again?

 

Thanks a lot,

 

Ricky