New member needs help!!!

[joe&ying]

What should I do? I met Ying in 5/07 through my acupuncturist. We exchanged photo's and communicated via email until 9/07 when we met face to face in Fuzhou airport and we fell in love. My acupuncturist's older sister knew my wife's uncle. Her older sister Chiang let me stay at her house for 1 month as I corted Ying. We got married in 10/07 and I returned to the US to file BOTH an I-129F and a I-130 per my Chinese lawyer. First we got a marriage license in Fuzhou then we had a big wedding in Fuqing about 40 people. I did not know about the horror stories about Fujian Province and how it was treated by the GUZ consulate. I went back to visit my wife for the Chinese New Year in 2/08 waiting for our 1st interview. I made a 3rd trip in 7/08 and met my wife in Beijing to spend 7 days there 1 month before the Beijing Olympics. Many Photo's were taken during these 1st 3 trips as my lawyer told me to prepare for the upcoming interview. I had also keep all emails, phone records receipts for the wedding with photos and any money spent during the 1st 3 trips to be with my wife. She got the letter in August for the interview for the 129-F and she completed all the medical, criminal check, family history and all documents needed for the interview in 11/08. I met my wife at Fuzhou airport on my 4th trip to go to Guanzhou for the interview in 11/08. We met a couple therein line that recomended my wife to show the VO my passport to show I was there for the interview. My wife's English was very good as she had taken 4 Advanced classes so she could speak fluent English and also readr and write as good as a college student. After 15 minutes with the VO she came out witha white slip of non bona fide marriage and this is where my problems began. I went to my Congressman to ask why she failed the interview as no reason was given in 11/08. Our case was sent back to DOS for review on 5/09. I went back to see Ying in 03/09 but had to leave after 12 days as mother was in the hospital in mid March and died on 3/19/09. We got a response via the Congressman in after 3 letters to GUZ as to WHY our marriage was not bonified???? They said Ying was ineligible for a Visa under section 212 (a)(5)(A) related to her sole purpose to come to the US was to work!!!! She told the VO her reason for marrying me was we were both in Love with each other and we wanted to start a family together in the Illinois. I went back for my 6th trip in 09/09 where I met Ying in Hong Kong with her Mother and Father as she got a 6 day pass to leave the Mainland. On 12/9/09 our lawyer receved a letter stating our case is still in review and that our I-130 is waiting to either be denied or granted a 2nd interview. I will be married for 2.5 years on 3/30/10. What should I do??

 

Please advise with any help possible, Joe

[Randy W]

They said Ying was ineligible for a Visa under section 212 (a)(5)(A) related to her sole purpose to come to the US was to work!!!!

 

 

Their "reasoning" (if you can call it that), is that since your marriage is "non bona fide", that the only OTHER visa she is eligible for is a work visa, but she is not qualified for that

 

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.

 

Basically, it's a side-step to avoid having to give you a reason why the marriage was found to be "non bona fide" in the first place.

 

This was a denial of an I-129F? Wait to hear what they do with your I-130 - make SURE that it has been forwarded to GUZ. You will most likely get an interview for that.

 

BE SURE to watch your mailbox and RESPOND to any correspondence from the USCIS concerning the denied application.

 

Marc Ellis at http://marcellislaw.com/ is an excellent attorney for these situations.

Edited March 17, 2010 by Randy W (see edit history)

[Guest Tony n Terrific]

The curse of Fujian Province raise its head again with this gentlemen and his wife.

[knloregon]

"..The curse of Fujian Province raise its head again with this gentlemen and his wife...."

 

sadly, true.

[warpedbored]

I agree with Randy, You should talk to Marc Ellis. He an authority on the issue of NOIR. He has written many articles about it and handled many cases in GZ.

[slw268]

Ah! Being married to a Lady named Ying from Fuzhou.

Brings back memories.

[Sam and Fen]

One question, Has she in the past applied for any visa to the US or else where specially for work?

[gracedad]

Ever consider starting a family in FJ and then move over to IL? Good luck with new interview.

[Zhou Zhou]

Ah! Being married to a Lady named Ying from Fuzhou.

Brings back memories.

 

This is the present for me...I am married to my Ying from Fuzhou for the past year and will be in the CR-1 process for a year in April....still waiting for the interview.

[joe_33]

What should I do? On 12/9/09 our lawyer receved a letter stating our case is still in review and that our I-130 is waiting to either be denied or granted a 2nd interview. I will be married for 2.5 years on 3/30/10. What should I do??

 

Please advise with any help possible, Joe

 

it is tough to be coming from Fujian Province, you are even harder because she is from Fuqing, a most famous for "fraud" in terms of immigration matters. You will need luck and VO's mood to get her visa. My suggestion to you is to have people with high credentials invoved in your wife's visa matter so that GUZ can believe your marriage.

 

good luck.

[joe&ying]

One question, Has she in the past applied for any visa to the US or else where specially for work?

No Sam and Fen she has never applied for any Visa anywhere in the world. She has only worked in the clothing industry most of her life in Fuqing of the Fujian Province. I should also mention neither of us have ever been married and both of us have never had children. The only "Red Flags" we have our the Fujian Province Curse and my wife Chunying is younger than me. All other variables such as Finace, work history (She is not part of the communist party)are all acceptable to the Consulate. I work 2 full time jobs in Chicago doing Electronic Printer repair (for health Insurance) and I own an HVAC company ( Heating & Air Conditioning company). I have had type 1 diabetes since I was 11 years old which is why I work 2 full time jobs. I met with one of my customer's in Chicago who did a 6 month term at USCIS approving Visa applications while she went to law school. She reviewed about 2000 pages of documents regarding our case and she told me I went above and beyond the normal applicant to bring my wife here. I tried to meet with her boss for advice but this can't happen with any USCIS employee's. How long to get a possible 2nd interview for the I-130???? They began reviewof our case at USCIS in California on 5/4/09 and the letter from my lawyer was received on 12/02/09 from NVC stating the USCIS reaffirmed the I-130 petition. You will receive instructions regarging further processing of this petition. Your inquiry has been received at the NVC. This visa petition has already been entered in our computer system and assigned the case number listed below. You will receive further information shortly. How long is shortly?? It has been 3 months and 15 days. As you can tell I am beginning to get impatient. Please help with any advice.

[joe&ying]

What should I do? On 12/9/09 our lawyer receved a letter stating our case is still in review and that our I-130 is waiting to either be denied or granted a 2nd interview. I will be married for 2.5 years on 3/30/10. What should I do??

 

Please advise with any help possible, Joe

 

it is tough to be coming from Fujian Province, you are even harder because she is from Fuqing, a most famous for "fraud" in terms of immigration matters. You will need luck and VO's mood to get her visa. My suggestion to you is to have people with high credentials invoved in your wife's visa matter so that GUZ can believe your marriage.

 

good luck.

What do you mean High Credentials???? I have went to my Congressman on 4 occasions and they have sent at least 9 letters to GUZ. I did write Obama and told him I would sell my business put 9 people out of work and all I was asking was to do through research on my case to show it is ligitimate. I also challenged him to the maximum fine and 5 years in prision knowing this is impossible because I LOVE my WIFE and MY MARRIAGE IS REAL and BONA FIDE. He said he can not help on these matters but he gave me the # for USCIS!!!!!!!!!! I also sent the same letter to Hillary Clinton of DOS and she told me the same thing. Who has High Credentials?????????????

[david_dawei]

I think you miss the point of immigration; your love for her doesn't really matter. Her motivation for coming to the US is the issue.

 

Tune down your testosterone levels. That is not is not the high credentials needed. You meet a woman from Fujian which most anyone here will tell you is a red flag. Go to any attorney willing to take your money and they will tell you, that you are "above and beyond".

 

Time to accept reality. However unfair. Stop justifying every step if GUZ doesn't care.

[shenzhen]

I think you miss the point of immigration; your love for her doesn't really matter. Her motivation for coming to the US is the issue.

 

Tune down your testosterone levels. That is not is not the high credentials needed. You meet a woman from Fujian which most anyone here will tell you is a red flag. Go to any attorney willing to take your money and they will tell you, that you are "above and beyond".

 

Time to accept reality. However unfair. Stop justifying every step if GUZ doesn't care.

But what do you recommend for him to do?

[warpedbored]

Get a lawyer that is familiar with NOIR and the consulate in GZ. If I were in your shoes I would have been in contact with Marc Ellis as soon as she got the white slip. A white slip is not an easy do over denial. A CR-1 is not like a K-1 where you can just get married and start over. It's their game and their rules. Instead of fighting the process you need a coach who knows the rules.