K-1 Visa

[WaitingformyLove]

Hi All,

 

My fiance and I just recieved an e-mail response from Guangzhou that our petition was denied. Her interview was 26 January 2010. She was given a blue paper and told she needed further processing. We waited 5 months only to be told this terrible news after I sent my third e-mail asking when our petition would be finished and if there was anything I could do to expidite our case.

 

I just wanted to know if there is anyone who has any experience with this, and what they did to have their visa approved.

 

Thanks,

Chris

[shadeOgray]

You came to the correct place, wish you would have come to us sooner though. I'm not the most experienced of the bunch so I am sure someone will be along shortly to help you. What we do need to know is what the blue paper said. When you get blue it usually tells you they want something further. Start reading the forums and educate your self the best you can in the meantime.

You can try and fight it but it takes forever and very few actually overcome it. You should try the freedom of information act route and try to find out why they denied you. There catch all is usually "Non bonafide Relationship".

The fastest rout to take is to let your K1 expire which technically it should already have expired and resubmit but this time with the help of the people here.

Sorry for your troubles but maybe we can help you get your woman over here, most of the time we can.

 

Hi All,

 

My fiance and I just recieved an e-mail response from Guangzhou that our petition was denied. Her interview was 26 January 2010. She was given a blue paper and told she needed further processing. We waited 5 months only to be told this terrible news after I sent my third e-mail asking when our petition would be finished and if there was anything I could do to expidite our case.

 

I just wanted to know if there is anyone who has any experience with this, and what they did to have their visa approved.

 

Thanks,

Chris

Edited June 21, 2010 by shadeOgray (see edit history)

[dnoblett]

Sounds like the consulate has given your case a NOID, they will send the case back to the states and to USCIS.

 

You need to wait for USCIS to make a decision as to what to do with the case.

 

I have seen USCIS do one of three things with the case.

• Expire: They consider the case to be expired and tell you to either file another petition (K-1, or CR-1 Spousal if you got married.)
  
• Revoke: They send you a letter giving you a chance to appeal. (Ignore this one and you are in for BIG problems. See below.)
  
• Reaffirm: They over-rule the consulate and send case back for another interview. (Happened with tsap seui, he ended up marrying and sending new petition, and canceling the reaffirmed petition.)
  

 

In any case it is best to get a lawyer involved, perhaps Ellis.

 

Here is what Ellis has on this:

Lawyers – 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

 

 

Ellis's forum: http://candleforlove.com/forums/index.php?showforum=39

Edited June 21, 2010 by dnoblett (see edit history)

[Randy W]

What that means is to watch your mailbox for any correspondence from the USCIS and be sure to act on it. It's VERY rare that GUZ will send enough evidence back for them to actually try to revoke the petition approval, but, well, watch your mailbox.

 

In the meantime, Marc and others here can help you figure out how to proceed. Don't hold your breath waiting to hear about your K-1.

 

It is generally best to go with Marc because he can review your entire petition. He will tell you what went wrong and what to do next time to avoid that pitfall.

[WaitingformyLove]

Hi,

This was the unusual thing about this whole process. When my fiance received her blue paper it did not say anything about what she needed. It only said that our case needed further processing. I pressed GZ about this with 2 e-mail's and I received the same response both times, "needs further processing". They made no attempt to answer my questions contained in my e-mails.

 

This is the icing on the cake....someone from GZ called my fiances cell phone and said they were from the post office and they needed to deliver a international package to her ex-husband. It just so happened that her ex was coming to see my stepson that weekend.So being nice and trying to keep the peace she said they could deliver the package to her house. Well when no package ever came she then started to wonder why this was. She looked up the number on her on-line account and saw the prefix was GZ. She gave me the number and I called the number. It turns out that the number was the Consulate in GZ. I was so upset and my fiance was in tears for an hour as I tried to consule her over the internet. I felt that was nothing short of a dishonest way for the Consulate to try and gather information and make a life altering decision on such little information.

You came to the correct place, wish you would have come to us sooner though. I'm not the most experienced of the bunch so I am sure someone will be along shortly to help you. What we do need to know is what the blue paper said. When you get blue it usually tells you they want something further. Start reading the forums and educate your self the best you can in the meantime.

You can try and fight it but it takes forever and very few actually overcome it. You should try the freedom of information act route and try to find out why they denied you. There catch all is usually "Non bonafide Relationship".

The fastest rout to take is to let your K1 expire which technically it should already have expired and resubmit but this time with the help of the people here.

Sorry for your troubles but maybe we can help you get your woman over here, most of the time we can.

 

Hi All,

 

My fiance and I just recieved an e-mail response from Guangzhou that our petition was denied. Her interview was 26 January 2010. She was given a blue paper and told she needed further processing. We waited 5 months only to be told this terrible news after I sent my third e-mail asking when our petition would be finished and if there was anything I could do to expidite our case.

 

I just wanted to know if there is anyone who has any experience with this, and what they did to have their visa approved.

 

Thanks,

Chris

[Bill & Li Hong]

"This is the icing on the cake....someone from GZ called my fiances cell phone and said they were from the post office and they needed to deliver a international package to her ex-husband. It just so happened that her ex was coming to see my stepson that weekend.So being nice and trying to keep the peace she said they could deliver the package to her house. Well when no package ever came she then started to wonder why this was. She looked up the number on her on-line account and saw the prefix was GZ. She gave me the number and I called the number. It turns out that the number was the Consulate in GZ. "

This one should be pinned under "Trix from GZ".

[tsap seui]

Chris, I am so sorry to hear of the denial, and the wasted time you two lost as they jacked you around.

 

We got the same "no questions or evidence asked for" blue slip at the interview...we were forced to wait 300 days and then given a denial. As I told you earlier in another post I flooded them with e-mails over that damned 10 months.

 

That phone call is a very old trick they use. My, then girlfriend had moved in with her parents when she divorced, her mother answered the phone as my girlfriend was talking to me at the time...they used the exact same verbage as your girlfriend heard.

 

Bless my mother in law's heart, she did tell them that the ex didn't live ther, but she and my father in law looked for his phone num,ber to give the caller....oh my...my girlfriend saw them looking around and asked them what they were doing but it was too late, they gave the caller his phone number...trying to help the lying bastards from the DOS.

 

Buddy, there is nothing you can do to change this NOTHING!!! You can e-mail MArc Ellis, he is a great guy, but he can't overturn this crap from the criminals that run and work in Guangzhou. They don't even go by their own rules, much less what the DOS in Washington governs them by...they have absolutely NO OVERSIGHT and they know it. SO, they do as they damned well please.

 

It took us 10 months of waiting for the blue slip outcome, then a denial, and then it took 13 months for GUZ to send our case back to the USCIS. They would not even answer my e-mails as to "Where is our case? Have you sent it back to the USCIS yet?" We were treated like shit, from the interview until the USCIS finally got our case back and quickly reaffirmed it, and sent it right back to China.

 

All I can tell you is try waiting for the case to get sent back to the USCIS. Call the DOS in Washington often and ask that one question...Has our case been sent back to the USCIS? Maybe you will get an answer. Sometimes they send them back in 3 to six months.

 

When the USCIS gets it back, what Dan told you is what can happen.

 

The USCIS is supposed to send you a letter telling you exactly what the DOS has charged you with, and give you, I think 30 or 60 days to rebut the charges against you. I never got such a letter, I only got a notice of action letter telling me our case had been reaffirmed and sent back.

 

I feel for you both, but your best shot may be to do nothing for a few months, make the calls to the DOS and hope they send the case back quickly to the USCIS.

 

Man, I would give anything to give you better news, and options. I am sorry....it's a lousy bullshit game that they play in Guangzhou.

 

tsap seui