White denial after blue

[david_dawei]

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

first consult a lawyer well versed in the many issues thrown your way.

[Randy W]

I do not like the word "appeal" in this situation - it misleads so many people. You CANNOT appeal the denial of your visa - the best you can hope for is a hearing at which the USCIS may reaffirm the petition and send it back to GUZ. Nothing may happen at all, or they may simply let it expire.

 

You need to look forward, and the best thing to do, like David says, is to have someone who is well versed in these issues to take a look at your entire case. Hopefully, to figure out what is wrong, and what you can do better.

 

All that would happen here is you telling us everything you did right, whereas a lawyer can look more objectively.

[RobertH]

talk with Marc Ellis or god what is his name there was another lawyer talked about on this board I spoke with on the phone who was very nice, I will think on his name and post it.

[chilton747]

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

 

I'll give you a straight answer based on what all I have learned. If you reapply with the aid of a lawyer, then it will be very expensive. If you go it on your own, it will take a long time and the outcome will probably be negative.

 

CR1s do not get deep sixed like K1 visas. They will have to give you a chance to rebut the VO's findings (that is if the USCIS feels you need to).

 

IMO, you and your wife are in for a long wait. Might as well realize this and plan accordingly. When the going gets tough, then will you will really find out the dedication you two have for each other. It can be a very positive thing if it was meant to be.

 

Good luck!!!

[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

 

I'll give you a straight answer based on what all I have learned. If you reapply with the aid of a lawyer, then it will be very expensive. If you go it on your own, it will take a long time and the outcome will probably be negative.

 

CR1s do not get deep sixed like K1 visas. They will have to give you a chance to rebut the VO's findings (that is if the USCIS feels you need to).

 

IMO, you and your wife are in for a long wait. Might as well realize this and plan accordingly. When the going gets tough, then will you will really find out the dedication you two have for each other. It can be a very positive thing if it was meant to be.

 

Good luck!!!

 

so if I reapply for K3 that will be no use?

[dnoblett]

Does it go to NVC or USCIS?

NVC is the liaison in the USA between the consulate and USCIS, the consulate sends it to NVC and then NVC sends it to USCIS.

 

so if I reapply for K3 that will be no use?

Correct, K-3 is just an optional visa based on an underlying I-130 petition for a CR-1 or IR-1 Spousal visa.

 

Your denied CR-1 visa WILL affect how USCIS handles any future petitions. An I-130 does not have an expiration date, you WILL needed to deal with the denied visa before doing anything else.

 

Again TALK TO A COMPETENT LAWYER it has been suggested several times to perhaps contact Marc Ellis.

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

[dnoblett]

MORE Reading from Ellis: http://www.ilw.com/articles/2006,0323-ellis.shtm

 

And please read topics pinned at the top of this forum, they are pinned for a reason. http://candleforlove.com/forums/index.php?showforum=35

 

Lastly read topics in Ellis's forum, that forum has to do with denials: http://candleforlove.com/forums/index.php?showforum=39

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

[Rick]

MORE Reading from Ellis: http://www.ilw.com/articles/2006,0323-ellis.shtm

 

Anyone knows how much would Marc cost because I am afraid I don't have enough in my budge?

[dnoblett]

MORE Reading from Ellis: http://www.ilw.com/articles/2006,0323-ellis.shtm

 

Anyone knows how much would Marc cost because I am afraid I don't have enough in my budge?

Give him a call, he does not charge for a phone consult.

 

RobertH recently chatted with him: http://candleforlove.com/forums/index.php?...c=40225&hl=

[Rick]

MORE Reading from Ellis: http://www.ilw.com/articles/2006,0323-ellis.shtm

 

Anyone knows how much would Marc cost because I am afraid I don't have enough in my budge?

Give him a call, he does not charge for a phone consult.

 

RobertH recently chatted with him: http://candleforlove.com/forums/index.php?...c=40225&hl=

 

Anyone knows Marc's phone number? I couldn't find it in his websites

 

Thanks

[tkgert]

Rick, You can email Guz, and eventually they will tell you when your case has been sent back. You can read my post CASE RETURNED to get and idea of the time frame from Guz to NVC. Wish I could tell you more , but it is really just a waiting game at this point, Good Luck to you, and I agree that you should contact Marc Ellis for some advice to your case, TK

[Rick]

Rick, You can email Guz, and eventually they will tell you when your case has been sent back. You can read my post CASE RETURNED to get and idea of the time frame from Guz to NVC. Wish I could tell you more , but it is really just a waiting game at this point, Good Luck to you, and I agree that you should contact Marc Ellis for some advice to your case, TK

 

TK, thanks a lot for your replies, and of course everyone's replies. I have read your case. So are you still waiting for the letter from USCIS still? Anyone knows if USCIS will tell us whether or not they have reapproved the case?

 

Thanks,

 

Ricky

[tkgert]

Rick, You can email Guz, and eventually they will tell you when your case has been sent back. You can read my post CASE RETURNED to get and idea of the time frame from Guz to NVC. Wish I could tell you more , but it is really just a waiting game at this point, Good Luck to you, and I agree that you should contact Marc Ellis for some advice to your case, TK

 

TK, thanks a lot for your replies, and of course everyone's replies. I have read your case. So are you still waiting for the letter from USCIS still? Anyone knows if USCIS will tell us whether or not they have reapproved the case?

 

Thanks,

 

Ricky

Rick, Yes at this time I am still waiting for a letter from USCIS. As what I have been told USCIS will contact you when your case is returned to them.

[Rick]

Rick, You can email Guz, and eventually they will tell you when your case has been sent back. You can read my post CASE RETURNED to get and idea of the time frame from Guz to NVC. Wish I could tell you more , but it is really just a waiting game at this point, Good Luck to you, and I agree that you should contact Marc Ellis for some advice to your case, TK

 

TK, thanks a lot for your replies, and of course everyone's replies. I have read your case. So are you still waiting for the letter from USCIS still? Anyone knows if USCIS will tell us whether or not they have reapproved the case?

 

Thanks,

 

Ricky

Rick, Yes at this time I am still waiting for a letter from USCIS. As what I have been told USCIS will contact you when your case is returned to them.

 

Oh I see. But you always have an option to file CR1/K3 though since K1 got denied.

[dnoblett]

Oh I see. But you always have an option to file CR1/K3 though since K1 got denied.

Yes, in many denied K-1 cases USCIS will automatically close K-1 cases when they are denied due to "non bona fide" relationship, because K-1 petitions have a 4 month validity after USCIS approves it, so they play the technicality of considering the case as expired.

 

This is not the case for an immigrant I-130 case, these cases do not expire, so you have to deal with it when USCIS sends out their letter, the letter may advise you to file again, or they may advise you to have a hearing with USCIS to overturn Guangzhou's decision and return the case to Guangzhou.

 

Keep in mind, ultimately it is the interviewing officer who decides the case, if the VO sees something that USCIS did not, then USCIS tends to not overturn their decision unless you provide them a good reason to overturn the decision, that decision WILL affect the outcome of any future petitions.