I-130 reaffirmed

[tsap seui]

Great to hear you guys have a new interview date. I hope things work out well this time and we soon read about you two in AMerica.

 

Gotta tell you, I just sent in an over 600 page CR-1 application on the 15th of this month. From reading your account of the trumped up idiotic charges against your wife, part of what I included was a short letter explaining why we didn't have a large wedding or ANY banquet. Thanks for including that in your account.

 

Good luck with the interview.

 

tsap seui

[joe_33]

 

1)::like we got married 2 weeks after meeting--WRONG.meet on june 9th,2006,married Jan 11,2008 2)::stated we did not have a wedding banquet--wrong ..I addressed each item on list and provided proof like banquet receipts,pictures,marriage book,proof of income ,proof that she was learning english,etc

 

Good to hear about your second interview! How long being in your relationship is always a big factor for GUZ, hopefully GUZ will give you an easy VISA this time!

 

I'd been in similar situation not long ago, it was heartbroken to be denied by GUZ. But what else GUZ can do to see thru whos is real or a fraud?

[chl2010]

We finally got an interview for the reaffirmed I-130 for august 4th .I suppose consular will be tough on us due to USCIS overturned there denial and reaffirmed application. We have prepared for this hopefully and obtained everything that we can think of for the interview.She has come along good with her english.I hope that the visa gets approved this time. What is the normal length of time after interview to get the visa?

If anyone has any hints or info on this,it would be kindly appreciated.

 

Congratulations. I am pretty sure that your wife will get the visa this time.

We are still waiting for the NOIR from USCIS for our CR-1.

 

It's about 11 months since the CR-1 denial.

I guess we can't do anything but patiently waiting.

 

Nice to hear your good news.

 

chl2010

[Sam and Fen]

Good to hear.

Hope things go smoothly this time around.

[JBHypno]

Our I-130 was reaffirmed on June 18th our file arrived back in GUZ on July 21st according to DHL tracking. No significant delay at customs it must have been shipped in a diplomatic pouch. No word yet on whether or not we will have to have a second interview yet. I am guessing it will be in September if she has to have one. Heres hoping she won't need one. Not much left for them to nitpick and we have been married over 2 years now. Good luck to all of us.

 

JBHypno

[chl2010]

Our I-130 was reaffirmed on June 18th our file arrived back in GUZ on July 21st according to DHL tracking. No significant delay at customs it must have been shipped in a diplomatic pouch. No word yet on whether or not we will have to have a second interview yet. I am guessing it will be in September if she has to have one. Heres hoping she won't need one. Not much left for them to nitpick and we have been married over 2 years now. Good luck to all of us.

 

JBHypno

Hi JBHypno,

 

I wish you good luck for your wife's coming second interview.

I believe they will give your wife the visa this time.

If you don't mind, can you tell me if you had to submit the rebuttal to have

the case reaffirmed?

How long you had to wait to get the NOIR from USCIS?

 

We are still waiting for the NOIR from USCIS and it's about 4 months since

they received the case back from Guangzhou.

 

We appreciate your information.

 

chl2010

[sandhiller]

My wife had her interview on April 20th,2009 and it was denied . application was sent back to USCIS for review.I got notice on April 21,2010 (A year to review case) that they reaffirmed the I-130 application.Notice stated that application was sent to DOS for action.

 

Has anyone been though this? Does it mean that it is being back to Guangzhou for another interview? Or is it going to be approved now?

 

I am not sure what the DOS action will be?? Any info would be kindly appreciated.. thankyou

 

kemlsx

[sandhiller]

I hope you will be prepared for another refusal. My wife and I met in 2003. My wife and I were married 09-11-2006, I-130 filed 2006 and interview

was not given till July,09,2008.

At the interview of 5 minutes she was given the white slip, stating no boni-fide relationship and sent back to CIS for revoke.

The 797 was sent July 8 2009 one year after the interview and given 25 days to respond.

The reasons given under oath by VO in the 797 were all lies about me and my wife.

I answered all the lies and fraudulant statements by The VO. Our case was reafirmed and sent back to NVC, Notice said sent back to Guangzhou

for issue of visas for my wife and son.

US Guangzhou Consulate sent notice for the second interview for July,20,2010 This is 4 years since we were married.

My wife and son went for their interview with more documents then the interview letter said to bring.

The VO wanted new 230 paperwork, my wife had them, wanted to see 864 as filed, wanted more tax records she had everything that was asked for.

My son was forced to sign papers and documents to register for the US draft.

My wife was interviewed for 5 minutes using only English the VO asked same questions she was asked before. My wife was not allowed nor would

the visa officer accept deeds to a home in the USA and our home in China with both names as owners. The VO said they mean nothing. MY wife and

son were again refused visas , stating on the white paper no boni-fide relationship.

The VO's under oath are using Under Color Of Law made up laws by them,lies, and fraudulant statements to refuse me and my wife A Right and a

Privilege under the Civil Right Laws and the Laws for family unity.This also a violation under International Laws signed onto by the US government

Parts 1, 2, 3, 4, 5,

 

Just be prepared for lying and fraud. Michael Jacobsen and Janice Jacobs of this Visa unit Guangzhou seem to have a Kingdom like a black hole.

They do not like to be overturned by USCIS. USCIS, Able to talk with ICE managers say these people return more family visas to them then almost

rest of all othe Consulates.

[JBHypno]

Hi JBHypno,

 

I wish you good luck for your wife's coming second interview.

I believe they will give your wife the visa this time.

If you don't mind, can you tell me if you had to submit the rebuttal to have

the case reaffirmed?

How long you had to wait to get the NOIR from USCIS?

 

We are still waiting for the NOIR from USCIS and it's about 4 months since

they received the case back from Guangzhou.

 

We appreciate your information.

 

chl2010

 

 

Hi ch12010

 

Yes we had to submit the rebuttal. Sent them a box of supporting evidence. Be patient it took us about 6 months to get the NOIR letter. I then took a trip to China to gather the last bit of evidence I needed and mailed it all in. Took about 1 month for our case to be reaffirmed. Now we are waiting again. I called DOS and we are now in AP. Hopefully it will just be a short delay and we will find out if we need to have a second interview.

 

Good Luck,

JBHypno

[kemlsx]

She should get a new police report+translation for this interview, and will need to do medical again..

 

I have seen many cases where the 2nd interview is short, typically what ever they used to deny the first time wont be used the second time.

 

Good to hear the case is moving along.

 

One positive note, if you celebrate two years of marriage BEFORE arriving in the USA the resulting green-card will be a 10 year one, and you would not need to deal with USCIS to remove conditions on a 2 year card.

 

UPDATE:August 7,2010

she had the interview on August 4th,2010 .all was going well and consular starting doing a pink,then stopped and gave her a blue paper,strange.Now they want my EX spouses name(which they already have),SSN,current address,and phone #. Also want a statement about how I met my Ex,why we divorced,how long we lived together before separation or divorce.why they want her SSN is beyond me and should be something my Ex should furnish due to privacy.They also want a notarized copy of my passport(which they charge $50.00 for).It is back to USA to start gatering info again.

Sounds like they are being very nit-picky.

[sandhiller]

UPDATE:August 7,2010

she had the interview on August 4th,2010 .all was going well and consular starting doing a pink,then stopped and gave her a blue paper,strange.Now they want my EX spouses name(which they already have),SSN,current address,and phone #. Also want a statement about how I met my Ex,why we divorced,how long we lived together before separation or divorce.why they want her SSN is beyond me and should be something my Ex should furnish due to privacy.They also want a notarized copy of my passport(which they charge $50.00 for).It is back to USA to start gatering info again.

Sounds like they are being very nit-picky.

 

There so sorry you have second refusalI wrote a long reply to you explaining some of their thinking about asking for stupid things

wanted by the Consulate.Something happened to it, disappeared before could finish.

Have to check computer again as US Government has put Key stoke on my computer 2 times now since 2007.

In 2007=8 Government filled my inbox full of porn after reported bribe attemt inside Consulate.

By law Your Former wifes SSN is something your former wife would have to agree to.

Your passport by law is not supposed to be copied. This is a new one never heard of. My self everytime sent copy of it on photo

paper with every document fish by the USCIS. DOS, NVC.

Just say good luck maybe you can overcome blue paper request.

[warpedbored]

Sounds like GZ is determined to make your case difficult. If I were you I think I would get a lawyer well versed on the issue of NOIR. You may not get another chance. The good news is it's a blue slip so you have another swing at bat. Whether or not it is legal to give them your ex's SSN is irrelevant. They asked for something you need to give it to them. In the sage words of our dear leader Don

use a lot of mouthwash to get the taste out of your mouth while kissing their ass.

[ellis-island]

UPDATE:August 7,2010

she had the interview on August 4th,2010 .all was going well and consular starting doing a pink,then stopped and gave her a blue paper,strange.Now they want my EX spouses name(which they already have),SSN,current address,and phone #. Also want a statement about how I met my Ex,why we divorced,how long we lived together before separation or divorce.why they want her SSN is beyond me and should be something my Ex should furnish due to privacy.They also want a notarized copy of my passport(which they charge $50.00 for).It is back to USA to start gatering info again.

Sounds like they are being very nit-picky.

 

This is pretty normal, even on reaffirmed cases. Consulates always play "where's the ex" games. I always address that issue up front.

 

Consulates do background checks on petitioners -- just like credit agencies. They check addresses, accounts, vehicles,

drivers' licenses, etc. Somewhere, there may be something showing P & his ex-wife still sharing something.

 

To return the petition consulates have to find something USCIS did not know about & that something must have

been important enough for USCIS to deny the petition.

 

Honestly, the where's the ex issue should have been taken care of on the first filing.

Any petitioner who doesn't address it is a sitting duck.

 

But you can probably still get this visa approved if you just give 'em the information they want.

 

9 FAM 42.43 note 2.1

 

9 FAM 42.43 N2.1 "Reason to Believe"

(CT:VISA-872; 03-23-2007)

In general, knowledge and reason to believe must be based upon evidence that USCIS did not have available at the time of adjudication and that such evidence, if available, would have resulted in the petition being denied. This evidence often arises as a result of or during the interview of the beneficiary. Reason to believe must be more than mere conjecture or speculation—there must exist the probability, supported by evidence, that the alien is not entitled to status."

Edited August 8, 2010 by ellis-island (see edit history)

[chilton747]

This is pretty normal, even on reaffirmed cases. Consulates always play "where's the ex" games. I always address that issue up front.

 

 

 

You did this on my CR1 after my K1 was denied and all went well.

 

Thanks again!!

[warpedbored]

Thanks Marc, as always good information.