Guangzhou Visa Officer Mistake

[Randy W]

Ha!! The following is from my attorney: As I indicated previously, I have forwarded yet another email to the Consulate indicating that the DHS had determined that your marriage was valid and that we had submitted additional evidence subsequent to the I-130 petition approval. I pointed out that the consular officer made a decision to readjudicate the immigrant petition for no apparent reason. Pursuant to the 2004 consular cable, the officer must have found substantial evidence of a flawed relationship which was not apparent to DHS when the I-130 petition was approved. And this, as you know, is baloney. We have provided even more evidence proving your relationship after the DHS already determined that your relationship was bona fide.

 

 

If your case hasn't already been boxed up, the Consulate MAY agree to review it - but only if they're willing. The regulations you quote from simply serve to limit the reasons that can be used to deny a petition. As others have pointed out, 'Not a bonafide relationship' is simply a catch-all basket that ANY case can be tossed into. Once they have decided that a case is "non-bonafide", they will (usually) then proceed to determine a legal reason that can be used. It is up to you and your lawyer to determine what the real reason is. If that reason is addressed in a new petition which is approved by USCIS, that same reason CANNOT be used against you a second time.

 

There is ALWAYS evidence available to the consulate that was not available to the USCIS at the time of petition approval (the USCIS did not interview her) - they will usually have little or no trouble getting around that requirement. They are also REQUIRED by law to DENY any relationship that they decide (wild hair up their ass or whatever) is non-bonafide.

 

Working against you at the present time (i.e., while it is at the consulate) is the Doctrine of consular non-reviewability

Doctrine of Consular Nonreviewability - http://www.aaup.org/NR/rdonlyres/72D335AE-...FINAL080108.pdf

 

see Immigration Litigation Bulletin Aug. 2006, pg. 5 - http://www.usdoj.gov/civil/oil/Immigration...August_2006.pdf

The INA contains no provision for the judicial review of a consular officer's visa determination

Edited August 21, 2010 by Randy W (see edit history)

[Mick]

Really sorry to hear about this. What irks me is the arbitrary manner in which these denials are handed out. Sure, some cases are obvious frauds, but I'll bet a dollar to a donut most denials have mostly shades of gray. Tsap and Warpedbored have given you some great advice, as have others. Keep your eyes peeled for that letter regarding the option of rebuttal that tsap mentioned, and check out the stuff Carl mentioned about Ellis Island. It will be well worth your time.

[concert500]

Thanks Mick, do you think the option of rebuttal letter will come to me, my attorney or my wife? I haven't seen anything yet. I appreciate your kind words. I'm broken over this mess. Simply broken.

[tkgert]

My case was returned to USCIS on Feb 16th 2010, and to this day we have not received any decision yet. I check there website every few days, with no change. When I call it is always , please allow 180 days for a decision about your case, well 180 days is up and still nothing. I know your feeling and your hurt and I wish you both a good and speedy outcome. TK

[concert500]

My case was returned to USCIS on Feb 16th 2010, and to this day we have not received any decision yet. I check there website every few days, with no change. When I call it is always , please allow 180 days for a decision about your case, well 180 days is up and still nothing. I know your feeling and your hurt and I wish you both a good and speedy outcome. TK

 

 

If they only could feel a portion of the pain. Thanks man. So GUZ sent your case back to the USCIS in February wow.... Did you ever receive this letter of rebuttle they speak of or does this come after the USCIS has handed down it's decision? I guess that makes sense but come on its almost September. Is this really AMERICA?

[tkgert]

If they only could feel a portion of the pain. Thanks man. So GUZ sent your case back to the USCIS in February wow.... Did you ever receive this letter of rebuttle they speak of or does this come after the USCIS has handed down it's decision? I guess that makes sense but come on its almost September. Is this really AMERICA?

The only thing I have received was a email from NVC and email from USCIS that my case was returned for review, and when we make a decision we will notify you. Sorry I dont have any better news for you, many others have been thru this same shit and maybe they have a little more help for you.. TK

[tsap seui]

Thanks Mick, do you think the option of rebuttal letter will come to me, my attorney or my wife? I haven't seen anything yet. I appreciate your kind words. I'm broken over this mess. Simply broken.

 

THe rebuttal letter will come from the USCIS, once they get your case back from the NVC, who will get it back from the consulate. Stay on top of the DOS to find out when they send your case back.

 

The USCIS will eventually get the case, and then it may be awhile before they do anything with it, and send you a leter. WHen you see the case has been sent back to Athe NVC, sign up on the USCIS website to check your case.

 

I gues your letter will be sent to your attorney. I didn't have one, so I have no experience there. Marc Ellis told me I was the first one he had heard of that got a letter of reaffirment without the rebuttal letter. And, miracalously the USCIS only took 3 days to reaffirm us.

 

Once the USCIS sends out the letter, you will have either 30, maybe, 60 days to respond....It is IMPERATIVE you stay on top of when the DOS sends your case back. DO NOT do anything rash at this point. Hopefully your attorney is well versed in this returned application process.

 

WIth any luck, you will rebutt the charges against you, the USCIS will review your rebuttal, reaffirm you, and they will send the case back to Guangzhou for another interview.

 

You are doing the right thing by asking questions. Now is when you need to get on top of this process YOURSELF and find out everything you can about how this works when your case is sent back.

 

THis could work out very favorably for you and your wife...but....it is going to take quite a bit of time. There are NO short-cuts. You can only hope the DOS quickly sends the case back to America....then hope, even get congressional inquiry with the USCIS (if they are taking their time processing), and cross your fingers.

 

Study this subject relentlessly, teach your wife how it works....your education and understanding will help you and your wife to overcome the pain and agony of this situation...it can, and probably will turn out favorably for you guys.

 

I hate to be the one to say it, and I wish there was a short-cut but just know, this may well take a year, unless the DOS gets off their butts and sends your case back in a timely fashion (2 or 3 months) like they should.

 

My wife and I found that this horror story has been the foundation of the true strength of our bona fide relationship....some relationships don't survive problems like this (and the DOS well understands this).....for us, we have found a strength and commitment to each other that we may well have never known had everything been given to us easily. You never really know what you have until you run into a REAL problem FORCED upon your relationship, that's where boys and girls find out if they are men and women.

 

Study up man, show your education and commitment to your wife. You hurt right now but you have to reach deep down inside of yourself to give your wife the hope she needs at this time...even when you feel hopeless, you have to soldier up and show her strength and hope for your future together.

 

You two will be fine, it's just a matter of time.

 

tsap seui

Veteran of hopeless situations Both in personal life, and military life.

[concert500]

The only thing I have received was a email from NVC and email from USCIS that my case was returned for review, and when we make a decision we will notify you. Sorry I dont have any better news for you, many others have been thru this same shit and maybe they have a little more help for you.. TK

 

Its nice finding a site to talk to others in the same boat. I was so naive going into this, I really was. I appreciate you TK!!

[concert500]

THe rebuttal letter will come from the USCIS, once they get your case back from the NVC, who will get it back from the consulate. Stay on top of the DOS to find out when they send your case back.

 

The USCIS will eventually get the case, and then it may be awhile before they do anything with it, and send you a leter. WHen you see the case has been sent back to Athe NVC, sign up on the USCIS website to check your case.

 

I gues your letter will be sent to your attorney. I didn't have one, so I have no experience there. Marc Ellis told me I was the first one he had heard of that got a letter of reaffirment without the rebuttal letter. And, miracalously the USCIS only took 3 days to reaffirm us.

 

Once the USCIS sends out the letter, you will have either 30, maybe, 60 days to respond....It is IMPERATIVE you stay on top of when the DOS sends your case back. DO NOT do anything rash at this point. Hopefully your attorney is well versed in this returned application process.

 

WIth any luck, you will rebutt the charges against you, the USCIS will review your rebuttal, reaffirm you, and they will send the case back to Guangzhou for another interview.

 

You are doing the right thing by asking questions. Now is when you need to get on top of this process YOURSELF and find out everything you can about how this works when your case is sent back.

 

THis could work out very favorably for you and your wife...but....it is going to take quite a bit of time. There are NO short-cuts. You can only hope the DOS quickly sends the case back to America....then hope, even get congressional inquiry with the USCIS (if they are taking their time processing), and cross your fingers.

 

Study this subject relentlessly, teach your wife how it works....your education and understanding will help you and your wife to overcome the pain and agony of this situation...it can, and probably will turn out favorably for you guys.

 

I hate to be the one to say it, and I wish there was a short-cut but just know, this may well take a year, unless the DOS gets off their butts and sends your case back in a timely fashion (2 or 3 months) like they should.

 

My wife and I found that this horror story has been the foundation of the true strength of our bona fide relationship....some relationships don't survive problems like this (and the DOS well understands this).....for us, we have found a strength and commitment to each other that we may well have never known had everything been given to us easily. You never really know what you have until you run into a REAL problem FORCED upon your relationship, that's where boys and girls find out if they are men and women.

 

Study up man, show your education and commitment to your wife. You hurt right now but you have to reach deep down inside of yourself to give your wife the hope she needs at this time...even when you feel hopeless, you have to soldier up and show her strength and hope for your future together.

 

You two will be fine, it's just a matter of time.

 

tsap seui

Veteran of hopeless situations Both in personal life, and military life.

 

 

I told a friend yesterday that a good marriage sucessfully strives in times like this... I really do thank everyone for their words. It takes time to share this stuff and I'm sure I'm not the first that all the kind people have helped. Keep it up because I know there is more shattered people out there who will surely call upon your experience. I can't believe I found this site. Somebody steered me right!!

[tsap seui]

My case was returned to USCIS on Feb 16th 2010, and to this day we have not received any decision yet. I check there website every few days, with no change. When I call it is always , please allow 180 days for a decision about your case, well 180 days is up and still nothing. I know your feeling and your hurt and I wish you both a good and speedy outcome. TK

 

TK, I've been thinkin' about you buddy. MAybe you should contact your congressman or senator and get their liason to "inquire" about your case with the (I assume) Vermont Service Center. It won't hurt and who knows, it may get your application off the bottom of the pile and get it looked at.

 

Good luck, man.

 

I don't know if you are a veteran but I just heard the other day of a vet who sent a letter to Sen. McCain, explained he was a combat veteran and McCain's office looked into his case....and it helped this vet with the problem he was having with his Ukrainian wife. Just a thought, and one I will certainly use if I run into ten minutes of waiting during our new attempt. I'm giving the USCIS 3 months from the time of their P-1 and then starting congressional inquiries.

 

180 days BE DAMNED...we've waited almost 4 years, I know the ropes much better and I am no longer the naive believer of my governemnt's doing the right thing anymore.

 

tsap seui

[concert500]

TK, I've been thinkin' about you buddy. MAybe you should contact your congressman or senator and get their liason to "inquire" about your case with the (I assume) Vermont Service Center. It won't hurt and who knows, it may get your application off the bottom of the pile and get it looked at.

 

Good luck, man.

 

I don't know if you are a veteran but I just heard the other day of a vet who sent a letter to Sen. McCain, explained he was a combat veteran and McCain's office looked into his case....and it helped this vet with the problem he was having with his Ukrainian wife. Just a thought, and one I will certainly use if I run into ten minutes of waiting during our new attempt. I'm giving the USCIS 3 months from the time of their P-1 and then starting congressional inquiries.

 

180 days BE DAMNED...we've waited almost 4 years, I know the ropes much better and I am no longer the naive believer of my governemnt's doing the right thing anymore.

 

tsap seui

 

 

Yea, after my case laid dormant at the Embassy for seven months I contacted Senator John Cornyn and while I'm not a veteran he did look into my case and got it moving again. I will remember him later if this drags on. Thank you for your service!!!

[tkgert]

TK, I've been thinkin' about you buddy. MAybe you should contact your congressman or senator and get their liason to "inquire" about your case with the (I assume) Vermont Service Center. It won't hurt and who knows, it may get your application off the bottom of the pile and get it looked at.

 

Good luck, man.

 

I don't know if you are a veteran but I just heard the other day of a vet who sent a letter to Sen. McCain, explained he was a combat veteran and McCain's office looked into his case....and it helped this vet with the problem he was having with his Ukrainian wife. Just a thought, and one I will certainly use if I run into ten minutes of waiting during our new attempt. I'm giving the USCIS 3 months from the time of their P-1 and then starting congressional inquiries.

 

180 days BE DAMNED...we've waited almost 4 years, I know the ropes much better and I am no longer the naive believer of my governemnt's doing the right thing anymore.

 

tsap seui

[tsap seui]

Cat got yer tongue TK? Or did you just hook a 25 pound rockfish out there on the eastern shore?

 

tsap seui

[tkgert]

Cat got yer tongue TK? Or did you just hook a 25 pound rockfish out there on the eastern shore?

 

tsap seui

Thanks for your thoughts old buddy, Congressman and Senator, will give this a try, Sorry no Iam not a vet, just your average joe blue collar. Born and raised as a commercial fisherman, something that just stays in your blood and I wouldnt change a damn thing about it, Not rich by any means but I damn sure enjoy what I do. Anytime you get to the Eastern Shore and would like to spend a day on the bay, bring your cooler full of refreshments and we will go, on second thought this invitation is open to any CFL member. I also now know that my fiancee will never experience many things that she should have been here for, my father passed , my brother passed, my youngest son was married, the birth of my new grandaughter, how many more things will be missed before this is over. Your wife wanting to sing happy birthday to your dad just totaly blew me away. Wish you the best my friend, and your dad is in my prayers,,, TK

[Highlander 08 09 10 11]

My Fiancee got denied Dec 29, 2009. She received the plain old "no" letter they give everyone denied. Our case was returned to USCIS who knows when. I received a letter 4 August 2010, from USCIS that says, "determined your relationship was not bona fide, and was entered into soley to circumvent immigration law and obtain immigrtion benefits. No further action is required". We got married, March 2010, and I applied the I-130. Good luck. Hey TK, you hang in there....................Bob