Guangzhou Visa Officer Mistake

[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

 

TK, I'll post about the lil' rabbit's singin' Happy Birthday debut over in the meeting's and life (supposed to be) together forum.

 

tsap seui

[tkgert]

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

Hey Bob,BEST OF LUCK TO YOU BUDDY,, TK

[david_dawei]

but I would not advise you to just make another application, without knowing what the problem is with this one.

truer words could not be spoken.

 

The entire contents of the blue slip needs to be examined; in the past we've even had some members send them to someone to look at. The USC is sometimes not the best person to figure out what went wrong since they are often too close emotionally to the issues. But something raised an issue to the VO and the blue slip requests are one issue to examine. The rest most likely concern her more than you and that takes some closer understanding too.

 

If you don't figure out what caused this, it will be very hard to follow-up; unless USCIS re-affirms the petition on their own.

[david_dawei]

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.

I now read this and realized I posted the same thing as Randy...

 

but I'll add some more.

 

USCIS can really only say the petition is valid for submission of a visa; it is the authority of the DOS to issue the visa based on their criteria. Let's not loose sit of this sibling [agency] rivalry which Randy and I often make distinctions with.

 

The lawyer is just giving a canned comment which any lawyer should do... but he ought to be more diligent at figuring out what caused the issue. It's not really that difficult if you have seen it enough or worked closely enough with GUZ type cases. Maybe he just doesn't have this particular experience or his experience is with other consulates which are not like GUZ.

[concert500]

truer words could not be spoken.

 

The entire contents of the blue slip needs to be examined; in the past we've even had some members send them to someone to look at. The USC is sometimes not the best person to figure out what went wrong since they are often too close emotionally to the issues. But something raised an issue to the VO and the blue slip requests are one issue to examine. The rest most likely concern her more than you and that takes some closer understanding too.

 

If you don't figure out what caused this, it will be very hard to follow-up; unless USCIS re-affirms the petition on their own.

 

 

There's no way it was lack of evidence. How do I find out the truth? I totally understand what you're saying and it's freightening. The blue letter was sent to my attorney and we submittes the additional informatio they were seeking in abundance. So, I don't see it happening there. I believe with the attitude of the VO on that day that their decision was made before we had our fifteen minutes. I appreciate your input. If you know how to find out the real reason - come forth!! Thank you David.

 

 

I also agree it had to do with my wife being scared to death and the VO being in a bad mood. My attorney has sent multiple letters to find out what happened but so far no reply.

Edited August 22, 2010 by concert500 (see edit history)

[steveandrong]

There's no way it was lack of evidence. How do I find out the truth? I totally understand what you're saying and it's freightening. The blue letter was sent to my attorney and we submittes the additional informatio they were seeking in abundance. So, I don't see it happening there. I believe with the attitude of the VO on that day that their decision was made before we had our fifteen minutes. I appreciate your input. If you know how to find out the real reason - come forth!! Thank you David.

 

 

I also agree it had to do with my wife being scared to death and the VO being in a bad mood. My attorney has sent multiple letters to find out what happened but so far no reply.

 

I wholeheartedly believe this and why the consulate does not somehow advise the applicants of something needed or otherwise lacking in the application before the impending blue or white slip at the interview still behooves me...i am sure they are aware of situations that will cause immediate blue slips and i just don't know why sometimes they are not handled before the interview.....sure would save a lot of time, money and most important, a lot of heartbreak.

[Randy W]

There's no way it was lack of evidence. How do I find out the truth? I totally understand what you're saying and it's freightening. The blue letter was sent to my attorney and we submittes the additional informatio they were seeking in abundance. So, I don't see it happening there. I believe with the attitude of the VO on that day that their decision was made before we had our fifteen minutes. I appreciate your input. If you know how to find out the real reason - come forth!! Thank you David.

 

 

I also agree it had to do with my wife being scared to death and the VO being in a bad mood. My attorney has sent multiple letters to find out what happened but so far no reply.

 

 

What you NEED is for an immigration attorney with knowledge of the Guangzhou consulate to look over your entire application - that's where Marc Ellis comes in - he's the best at doing exactly this.

 

http://www.marcellislaw.com/

 

Check his posts here in the Ellis Island sub-forum.

[concert500]

I wholeheartedly believe this and why the consulate does not somehow advise the applicants of something needed or otherwise lacking in the application before the impending blue or white slip at the interview still behooves me...i am sure they are aware of situations that will cause immediate blue slips and i just don't know why sometimes they are not handled before the interview.....sure would save a lot of time, money and most important, a lot of heartbreak.

 

 

Yea, Yan had to travel from Zhengzhou to Guangzhou by train. Stay in town a few days to get her shots etc... and by the way, they made her ill. I agree its heartless.

[concert500]

What you NEED is for an immigration attorney with knowledge of the Guangzhou consulate to look over your entire application - that's where Marc Ellis comes in - he's the best at doing exactly this.

 

http://www.marcellislaw.com/

 

Check his posts here in the Ellis Island sub-forum.

 

 

yes, I have and his knowledge is very impressive. I need to get in touch with my attorney since I have paid him already and see just where he sees himself in GUZ 'bad' experience.

 

I appreciate your assistance.

[knloregon]

Tragic story, C-500, and a reminder that there are other experts here on your situation who would give their right arm no to be.. These injustices simply underscore the hypocrisy of our whole immigration system.

 

Yes, good advice anyway, and I would add---remember that in all areas of the law there are generalists, and specialists. (general practitioners and litigators) I agree with those who are steering you to a specialist, practicing in GZ. My (our) hearts are with you.

[chl2010]

Hi,

 

We are in the same boat as you. The CR-1 was sent back to USCIS in May, 2010 and we are waiting for

the famous NIOR (Notification of the intention to revoke).

At this point, we can't do anything except waiting for the letter because it's very important to find out

the exact reason why Guangzhou denied the CR-1.

I live in Texas and the Senator John Cornyn has been very helpful to us. I have asked him to send an official

inquiry to USCIS to find out the current status. He helped us before by sending the inquiry to Guanhzhou and the Chief of the

visa unit of Guangzhou did send a official reply to him and he later fowarded to us. His inquiry to Guangzhou did help to

expedite the return of the case from Guangzhou to the USCIS.

 

We hope we'll get the NOIR soon with senator's help. After we get the NOIR, we'll have John Roth's help trying to have

the case reaffirmed.

 

Hope this information is helpful. We have many couples like you are suffering. Hang in there.

 

chl2010

[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 have read this post several times already. It means a lot to me. My wife was so down the last few days but we do HAVE hope and we both know that now. You're right about everything. I believe it is much harder for her than me and I can barely stand it.

[concert500]

My lawyer sent me the following note, does anyone know about this latest development?

 

A new development in China is that Yan can indicate a US Consulate of her choice for subsequent filing, and not the one in her jurisdiction.

However, it she will have negative findings in her current case it is highly likely that it will be in her file.

 

Thanks for your input.

[dnoblett]

My lawyer sent me the following note, does anyone know about this latest development?

 

A new development in China is that Yan can indicate a US Consulate of her choice for subsequent filing, and not the one in her jurisdiction.

However, it she will have negative findings in her current case it is highly likely that it will be in her file.

 

Thanks for your input.

Note there is only ONE Embassy in China, Embassies are always located in a nation's Capital City, the US Embassy is located in Beijing, all other locations are consulates.

 

But lawyer may be correct, may be able to turn in the requested evidence and blue-slip at nearest US Consulate or the Embassy in Beijing, and they will simply forward this down to Guangzhou, Guangzhou is the only location with an Immigrant Visa Unit.

 

Not sure how the China Post Fee would be paid.

 

I would email the consulate and ask. http://guangzhou.usembassy-china.org.cn//immigrant-visa-unit-question.html

Edited August 23, 2010 by dnoblett (see edit history)

[dnoblett]

Note some countries have more than one Immigrations Unit for example India, and Canada. In the case of China you only have ONE choice when dealing with immigrations visas, that is in Guangzhou.