Anyone with K1 second interview experience?

[lichenrachel]

 

Except now he is back in the states, so he can't file DCF in China (unless he returns and lives in China for 6 months).

If your denied again, you'll have to solve that problem, or they will use it AGAIN on the IR/1.

Just be careful if it comes to that.

 

 

 

 

Yes I am aware that it is going to take longer if we apply for spousal visa now since he just returned to the State.

 

I just hope they give me a chance to explain and clear whatever doubt they have in mind about the truthfulness of our relationship this time. And hopefully they will assign a different visa officer to me. Just don't give me a white slip again without telling me why or letting me explain.

Edited December 3, 2010 by dnoblett
fixed quote tags (see edit history)

[dnoblett]

Costs involved:

K-1:

I-129F: $340

 

 

 

Try $455... at least thats what I paid (Oct. 2009)

 

That's what it use to be, looks like they lowered that one, http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a10e4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[bullmastiff]

Considering the exhaustive amount of questions , there must have been something that they were suspicious of . One thing , if you guys already lived together for 1 yr , why not get married and then come to the USA ? Why K1 ??? From the exhaustive questioning you should be able to draw a conclusion why they come to the conclusion of non bonafide relationship ???

Things just did not add up. It is not a random thing to target you .

 

My feeling is the 2nd interview is either to ask you further questions to verify something or they simply is going to approve your case. They did this as a courtesy to the conggressional inquiry .Be glad you at least have this 2nd chance.

 

 

We were about to get married in Beijing when we consulted with a US immigration lawyer (probably a not very good one. We are using a different lawyer to handle our denial though). He suggested K1 over marriage visa because he said it is faster and safer. We had very little knowledge of this sort of things so we followed his advice.

 

[b]From our analysis with our lawyer, we think I fell into two trap questions at the first interview. First, he asked "is there any other reason for you to go to the States?". I interpreted it as "is there any other reason besides marriage" while he might be asking "is there any reason instead of marriage", I said "of course my principle reason is to get married to my fiance. Any other reasons?...I also like the American culture, so it won't take me too long to get used to life there. There are also good education opportunities. I have a very comfortable life in Beijing. If not for joining my future husband in the States, there is no reason for me to abandon everything here." Then I mentioned I would like to go to grad school when I go to the States when he asked me "what is your plan when you get to the States?". We think the CO might have concluded that I am going to the States to pursue other immigrant benefits (school, career, or whatever he thinks), which is very insulting to me. Education is very important to me. Even if I don't get a job afterwards, it is important for my personal development and most importantly for the education of our kids in the future (when we have kids). All I tried to do at the interview is to prove that my fiance and I have long term life plans in the States and I won't become a public charge and I will lead a meaningful life there. [/b]

I realize maybe I was being too candid with the visa officer who I should have treated more like my enemy:) Anyway, those are the two questions that might have showed red flags. But I still don't think it justifies a denial. There were other 30+ not related questions and all the evidence we showed.

 

ANYWAY, I AM very grateful for the second chance and I am working on strategies to overcome last denial. We put A LOT OF efforts into keeping the case in GZ and basically used every resort we had. My fiance had to juggle the heavy workload of law school and my visa denial and it has been really difficult and exhausting for him. I am just trying to see if anyone has been through this got his/her denial overturned. (Though it seems like no one here has had the same second review thing.) I did get several responses on the Chinese versions of Candle Love ("immigration visas to the USA through marriage" forum). Some said they got a "second interview" notice after submitting additional materials after a blue slip, but only to be told "you visa is denied" in face. No interview questions at all. Though it is not exactly the same as my case, it does sound really scary.

 

Sorry if I am writing too much here... I have had this discussion many many times with my fiance and our lawyer. I just want some outsider's opinions on it. Also my fiance's finals are coming up for the next few days, I'd rather not keep distracting him too much now.

 

Thank you again for everyone who shared their suggestions here.

 

 

From the exhaustive amount of questioning , again, what is the real reason for denial ?( I'm sure you know... )

Are you financially more affluent than your fiancee ???

Do you think possibly that the officer saw you potentially using your fiancee as a stepping stone ??? either with his knowledge or without .

You should try to reason hard and not to be too feisty .

I am sure the system works ; if you are innocent you shall prevail at the end . There is no need to spend those big $$$ for lawyers and then later blamed them for the wrong advice. You sounded very educated ; not many Chinese can write as well as you do here.

 

Please understand where the officer is coming from .... China is a high fraud country . Too many bad apples to spoil good people unfortunately. again, take the time and be patience, if you are innocent , you shall prevail .

Edited December 3, 2010 by bullmastiff (see edit history)

[credzba]

From the exhaustive amount of questioning , again, what is the real reason for denial ?( I'm sure you know... )

Are you financially more affluent than your fiancee ???

Do you think possibly that the officer saw you potentially using your fiancee as a stepping stone ??? either with his knowledge or without .

You should try to reason hard and not to be too feisty .

I am sure the system works ; if you are innocent you shall prevail at the end . There is no need to spend those big $$$ for lawyers and then later blamed them for the wrong advice. You sounded very educated ; not many Chinese can write as well as you do here.

 

Please understand where the officer is coming from .... China is a high fraud country . Too many bad apples to spoil good people unfortunately. again, take the time and be patience, if you are innocent , you shall prevail .

 

 

I apologize, but that is 100% bull excrement.

We KNOW of recent VOs that were removed from their positions because of receiving financial incentives from outside people.

We KNOW of people here who's relationship has existed in limbo for YEARS, and that have been denied multiple times. Their relationship is OBVIOUSLY not fraudulent but they are denied.

 

There is no guarantee of any kind of justice in this scenario.

In my opinion the statement should be:

1) Consider how to avoid becoming visible.

2) Hide in the masses and be as unremarkable as possible

3) If there is anything remarkable about your situation, kill it in America by including it on the application, and even this is dangerous .. better rules #1 & 2

[warpedbored]

I'm not a big fan of using lawyers for the visa process unless there are extenuating circumstances. Getting a white slip is one of those circumstances. You don't get many more turns up at bat with a white slip and you need to proceed cautiously.

[Scott@Hong]

From the exhaustive amount of questioning , again, what is the real reason for denial ?( I'm sure you know... )

Are you financially more affluent than your fiancee ???

Do you think possibly that the officer saw you potentially using your fiancee as a stepping stone ??? either with his knowledge or without .

You should try to reason hard and not to be too feisty .

I am sure the system works ; if you are innocent you shall prevail at the end . There is no need to spend those big $$$ for lawyers and then later blamed them for the wrong advice. You sounded very educated ; not many Chinese can write as well as you do here.

 

Please understand where the officer is coming from .... China is a high fraud country . Too many bad apples to spoil good people unfortunately. again, take the time and be patience, if you are innocent , you shall prevail .

 

 

I apologize, but that is 100% bull excrement.

We KNOW of recent VOs that were removed from their positions because of receiving financial incentives from outside people.

We KNOW of people here who's relationship has existed in limbo for YEARS, and that have been denied multiple times. Their relationship is OBVIOUSLY not fraudulent but they are denied.

 

There is no guarantee of any kind of justice in this scenario.

In my opinion the statement should be:

1) Consider how to avoid becoming visible.

2) Hide in the masses and be as unremarkable as possible

3) If there is anything remarkable about your situation, kill it in America by including it on the application, and even this is dangerous .. better rules #1 & 2

 

 

I agree, there is no system working in Guangzhou, they pull numbers out of a hat and someone gets a Visa. This consulate constantly craps all over USCIS decisions with no justification. They constantly hide behind "non bonafide" BS and have to answer to noone. The only point I will agree on that Bullmastiff made is yes China is a high fraud country, but why? Maybe because the consulate allows it to happen with all their back door dealings zero accountability to anyone.

[lichenrachel]

Ugh... Someone teaches me how to multiquote...

 

"From the exhaustive amount of questioning , again, what is the real reason for denial ?( I'm sure you know... )"

I am not sure I really know... most likely reason is that I am using marriage to get immigrant benefits, as stated in my original post. I am going to focus more on the love and emotional side of our relationship and I am bringing many affidavits our parents and friends wrote in support of the truthfulness of our relationship, along with other updated evidence.

 

"Are you financially more affluent than your fiancee ??? "

 

Not really. We are both the only child from typical middle class families. If calculated in USD, his family is more affluent than mine.

 

"Do you think possibly that the officer saw you potentially using your fiancee as a stepping stone ??? either with his knowledge or without ."

 

I don't think my fiance is so stupid that he can't tell I am using him as a stepping stone or let me use him that way.

The VO might see it that way though, I don't know. I will be more cautious and observant in the second interview. If he ever implies that way, I will try very hard to fight his false assumptions. However if he is already biased that way, I assume it would be pretty hard for me to change his mind.

 

"I am sure the system works ; if you are innocent you shall prevail at the end ."

 

Not sure I agree with you on this one. The K1 visa system doesn't work IMO. Taken into consideration how soon the petition expires (4 months, right?), there is basically no way to appeal through USCIS. White slip is death sentence in most cases.

Edited December 3, 2010 by dnoblett (see edit history)

[lichenrachel]

From the exhaustive amount of questioning , again, what is the real reason for denial ?( I'm sure you know... )

Are you financially more affluent than your fiancee ???

Do you think possibly that the officer saw you potentially using your fiancee as a stepping stone ??? either with his knowledge or without .

You should try to reason hard and not to be too feisty .

I am sure the system works ; if you are innocent you shall prevail at the end . There is no need to spend those big $$$ for lawyers and then later blamed them for the wrong advice. You sounded very educated ; not many Chinese can write as well as you do here.

 

Please understand where the officer is coming from .... China is a high fraud country . Too many bad apples to spoil good people unfortunately. again, take the time and be patience, if you are innocent , you shall prevail .

 

 

I apologize, but that is 100% bull excrement.

We KNOW of recent VOs that were removed from their positions because of receiving financial incentives from outside people.

We KNOW of people here who's relationship has existed in limbo for YEARS, and that have been denied multiple times. Their relationship is OBVIOUSLY not fraudulent but they are denied.

 

There is no guarantee of any kind of justice in this scenario.

In my opinion the statement should be:

1) Consider how to avoid becoming visible.

2) Hide in the masses and be as unremarkable as possible

3) If there is anything remarkable about your situation, kill it in America by including it on the application, and even this is dangerous .. better rules #1 & 2

 

 

I agree, there is no system working in Guangzhou, they pull numbers out of a hat and someone gets a Visa. This consulate constantly craps all over USCIS decisions with no justification. They constantly hide behind "non bonafide" BS and have to answer to noone. The only point I will agree on that Bullmastiff made is yes China is a high fraud country, but why? Maybe because the consulate allows it to happen with all their back door dealings zero accountability to anyone.

 

 

Scott@Hong:

Not-topic-related: I love your profile pic:) You look such a beautiful couple.

Edited December 3, 2010 by lichenrachel (see edit history)

[lichenrachel]

I'm not a big fan of using lawyers for the visa process unless there are extenuating circumstances. Getting a white slip is one of those circumstances. You don't get many more turns up at bat with a white slip and you need to proceed cautiously.

 

 

I agree. We DIYed everything from the beginning and the USCIS processing went very smoothly with no delays. Got P3 in less than 3 months.

 

Having an experienced immigration lawyer does help though. If I knew the whole thing can turn out to be this tricky and ugly, I would have hired one from the beginning, not to let him/her handle our case entirely, but have him/her as our consultant in need.

[lichenrachel]

Anyone knows whether you get a different visa officer in the second interview or not?

[Scott@Hong]

I would bet on a different officer for next interview, they are rotated around so much as some do K1's one day, CR1s the next, tourist the next etc.

I really hope GUZ wakes up and gives you Visa, to many real couples get denied. Best of luck

 

And thanks for the compliment

[Tom2009]

I'm not sure I can offer any advice, but I do hope you get the visa at your next interview. You have already overcome to have this 2nd opportunity. Good luck to you and best wishes!

 

Tom & Xiaoling

Edited December 3, 2010 by Tom2009 (see edit history)

[david_dawei]

I realize maybe I was being too candid with the visa officer who I should have treated more like my enemy:) Anyway, those are the two questions that might have showed red flags. But I still don't think it justifies a denial. There were other 30+ not related questions and all the evidence we showed.

 

Sorry to hear of your plight but at least you have a second chance.

 

As I read through, I think maybe you were too forthcoming to the VO. Usually we advise here to just answer their question simply. I would start with a "yes" or "no" and let them ask more if needed; or share a little more but don't act like your justifying anything, then your already on the defensive. Also, your english and knowledge of some issues seems very above average; that might make you appear as an outlier in some ways.

 

The average number of interview questions is 5-8. If you get more than 10, then something is up with the VO. Talk less; get fewer questions. Now, hard to know if they will even ask any questions really the second time around. If the supervisor has decided the first handling was wrong, they will probably just issue the visa easily, even if the same VO. But just don't explain more than necessary, the VO can always ask more questions. I know of one lady who wanted to be proactive and asked the VO, 'what papers can I give to you'... and that turned the interview in the wrong direction although sincere reasons... Let the VO drive the interview and don't be a back seat driver. Be more like the navigator; give directions when asked. good luck.

Edited December 6, 2010 by david_dawei (see edit history)

[lichenrachel]

Hey guys,

 

Just want to give an update on my case and a sort of closure to this thread. I passed the second interview in December and arrived in the States in January. We already got married and are moving onto the AOS process. (Hooray)

 

I apologize for not posting sooner but the second interview was quite an agonizing experience and I was not sure how to summarize it. The interview was long and the VO asked a lot of harsh and interrogative questions and acted extremely condescending. I felt humiliated throughout the interview, although later I realized it might just be some kind of pressure interview techniques he was trying to use. I did not give up at any moment of the interview and fought back every absurd assumptions and concerns the VO had in mind. Anyway I am glad the whole thing is over (for now) and I am again together with my husband.

 

There are people who have been put into similar situations and have asked us for help and suggestions. Since each case is unique I am not sure how much our strategies can apply to other people's cases. However, if you happen to get a white slip that you don't deserve, be sure to get your senators and representatives to write to GZ requesting a supervisory review of the case. That seems the only way that might work to keep the case in GZ.

 

Wish everyone luck and happiness. Thank you again for your help.

 

 

 

 

 

 

 

 

 

Hey everyone, this is my first post here. Never thought I would need to post a "help!" thread here because my fiance and I were so confident that we would get a visa. (I am the Chinese beneficiary)

 

Until I was given a white slip after a super long interrogating interview in early November...My fiance and I and our families were shocked and devastated. So was everyone who knows us.

 

My fiance and I met in China and lived together in Beijing for almost a year until he decided to go back to the States for law school and we decided to get married. It is the first marriage for both of us. I brought book-thick evidence to the interview and was asked more than 30 questions. I was denied the K1 visa on the ground of "non-bona fide" relationship by a hostile visa officer.

 

With tremendous help from my fiance's senators and representatives and our families and friends, we succeeded in keeping the case in GZ and I was given a second chance to go for another interview. I have been searching for K1 visa second interview cases on the internet but haven't found any. I am wondering whether anyone here has had experience with that and is willing to shed my some light on how the second interview works. I have heard encouraging things like they are not going to be as tough on the second interview but have also heard about a case where the beneficiary was given another white slip after a seemingly unreasonable first round denial.

 

I don't think we can afford another denial. The whole visa denial mess has been so mentally and emotionally exhausting, for us and for our families. It will be a real shame to have him quit law school to come to China to marry me and delay our futures because of an arbitrary decision made by GZ. We are doing everything we can to make it work this time. If you don't feel like commenting openly, you are welcome to PM me.

 

Many thanks in advance.

 

[Highlander 08 09 10 11]

**Congradulations** Glad you passed on this second Interview, and did have to go through another year or so waiting for another chance at a Visa. Best of Luck..Bob..