Frustration

[bullmastiff]

Hi Everyone,

 

I am very frustrated and wanted to post to see if anyone has had a similar experience. Hopefully someone can share information that would be useful in my future endeavors.

 

In Sept of 2008 I met a lady on the internet. After many months of correspondence we decided to meet, and if we felt we wanted to establish a long relationship we would wed.

 

History: First contact: Sept 2008

First trip to China: Mar 2009 A dream come true

Married: Mar 2009 Wonderful Lady

I130 Filed: Apr 2009

I129F Filed: May 2009

I129F Interview: Jan 2010 Denied, Not Bona Fide

I130 Interview: Feb 2010 Denied, same reason

2nd Trip to China: Feb 2010 Visited Guangzhou Consulate

USCIS NOA ` Apr 2010

Senator Cornyn Inquiry#1 Jul 2010

Senator Cornyn Inquiry #2 Oct 2010 30-45 days should receive response

3rd trip to China Nov 2010 Vacation to Sanya/Family dinner

Ombudsman Request Dec 2010

Senator Cornyn Response#3 Dec 2010 30-45 days should receive response

 

There are so many things I would like to discuss with anyone interested. I have an open heart yearning to learn and share. My objective, of course, is the same as so many I have read about on this forum. I want my wife to join me for the American Dream.

 

 

She was interviewed twice ( I 129 and I 130 ) .

How was the interview ? Any clue as to the reasons why they concluded this way ???

Would you share with us details ? unless they just handed over her the white slips twice without a word.

[chl2010]

Unfortunately at the moment it seems the clock is ticking and our lives are wasting away in the wait for ¡°Uncle Sam¡±.

 

There are others here that have waited and are still waiting. It took me 4 years. No need to think time is wasting away as there are many things you two can do to learn more about each other. I thought I knew my wife well but when she got here it was like starting all over again. I am sure others will chime in and tell you the same thing I am telling you.

 

Be patient and learn each other. You two have known each other such a short time.

 

Good luck!!!

Have been waiting for more than 2 years now. Still waiting for the famous NOIR from USCIS.

Many of us are in the same boat. Hang in there.

[Wayne2010]

Unfortunately at the moment it seems the clock is ticking and our lives are wasting away in the wait for ¡°Uncle Sam¡±.

 

There are others here that have waited and are still waiting. It took me 4 years. No need to think time is wasting away as there are many things you two can do to learn more about each other. I thought I knew my wife well but when she got here it was like starting all over again. I am sure others will chime in and tell you the same thing I am telling you.

 

Be patient and learn each other. You two have known each other such a short time.

 

Good luck!!!

Have been waiting for more than 2 years now. Still waiting for the famous NOIR from USCIS.

Many of us are in the same boat. Hang in there.

 

So when did the USCIS receive your papers back??

[Wayne2010]

Hi Everyone,

 

I am very frustrated and wanted to post to see if anyone has had a similar experience. Hopefully someone can share information that would be useful in my future endeavors.

 

In Sept of 2008 I met a lady on the internet. After many months of correspondence we decided to meet, and if we felt we wanted to establish a long relationship we would wed.

 

History: First contact: Sept 2008

First trip to China: Mar 2009 A dream come true

Married: Mar 2009 Wonderful Lady

I130 Filed: Apr 2009

I129F Filed: May 2009

I129F Interview: Jan 2010 Denied, Not Bona Fide

I130 Interview: Feb 2010 Denied, same reason

2nd Trip to China: Feb 2010 Visited Guangzhou Consulate

USCIS NOA ` Apr 2010

Senator Cornyn Inquiry#1 Jul 2010

Senator Cornyn Inquiry #2 Oct 2010 30-45 days should receive response

3rd trip to China Nov 2010 Vacation to Sanya/Family dinner

Ombudsman Request Dec 2010

Senator Cornyn Response#3 Dec 2010 30-45 days should receive response

 

There are so many things I would like to discuss with anyone interested. I have an open heart yearning to learn and share. My objective, of course, is the same as so many I have read about on this forum. I want my wife to join me for the American Dream.

 

 

She was interviewed twice ( I 129 and I 130 ) .

How was the interview ? Any clue as to the reasons why they concluded this way ???

Would you share with us details ? unless they just handed over her the white slips twice without a word.

 

Since I immediately filed for I-129 after the I-130, there were two separate interviews. The first came on 2 Jan 10 for K3, the second was 6 Feb 10 for CR1. She received a blue slip in Jan. It is my belief that denial of K3 resulted in immediate CR1 denial. She was not given any opportunity to explain, or submit any additional documents.

 

At this time we have not received the typical NOIR so it is merely a guess as to why the denial. The paperwork says, “not a bona-fide relationship”. My guess would be the lack of English my wife displayed. At that time she could speak very little English, and only understand when it was written, and naturally she was scared to death. Secondly, we were married on the first visit. As I said in an earlier post, out of the tons of documents submitted none stipulated the criteria for approval.

 

I hold myself totally responsible for the denials. I assumed submitting the appropriate documents and approval by the USCIS meant the visa would be issued during the interview unless something significant turned up. Wrong..!!..

Edited December 15, 2010 by Wayne2010 (see edit history)

[bullmastiff]

Hi Everyone,

 

I am very frustrated and wanted to post to see if anyone has had a similar experience. Hopefully someone can share information that would be useful in my future endeavors.

 

In Sept of 2008 I met a lady on the internet. After many months of correspondence we decided to meet, and if we felt we wanted to establish a long relationship we would wed.

 

History: First contact: Sept 2008

First trip to China: Mar 2009 A dream come true

Married: Mar 2009 Wonderful Lady

I130 Filed: Apr 2009

I129F Filed: May 2009

I129F Interview: Jan 2010 Denied, Not Bona Fide

I130 Interview: Feb 2010 Denied, same reason

2nd Trip to China: Feb 2010 Visited Guangzhou Consulate

USCIS NOA ` Apr 2010

Senator Cornyn Inquiry#1 Jul 2010

Senator Cornyn Inquiry #2 Oct 2010 30-45 days should receive response

3rd trip to China Nov 2010 Vacation to Sanya/Family dinner

Ombudsman Request Dec 2010

Senator Cornyn Response#3 Dec 2010 30-45 days should receive response

 

There are so many things I would like to discuss with anyone interested. I have an open heart yearning to learn and share. My objective, of course, is the same as so many I have read about on this forum. I want my wife to join me for the American Dream.

 

 

She was interviewed twice ( I 129 and I 130 ) .

How was the interview ? Any clue as to the reasons why they concluded this way ???

Would you share with us details ? unless they just handed over her the white slips twice without a word.

 

Since I immediately filed for I-129 after the I-130, there were two separate interviews. The first came on 2 Jan 10 for K3, the second was 6 Feb 10 for CR1. She received a blue slip in Jan. It is my belief that denial of K3 resulted in immediate CR1 denial. She was not given any opportunity to explain, or submit any additional documents.

 

At this time we have not received the typical NOIR so it is merely a guess as to why the denial. The paperwork says, ¡°not a bona-fide relationship¡±. My guess would be the lack of English my wife displayed. At that time she could speak very little English, and only understand when it was written, and naturally she was scared to death. Secondly, we were married on the first visit. As I said in an earlier post, out of the tons of documents submitted none stipulated the criteria for approval.

 

I hold myself totally responsible for the denials. I assumed submitting the appropriate documents and approval by the USCIS meant the visa would be issued during the interview unless something significant turned up. Wrong..!!..

 

 

Blue means request for more evidence ???

The K3 interview, what was the problem that they raised from their questions ?

Why not speaking English be the reason for denial ??? She can have Chinese speaking officer interview her ...

Do you speak Mandarin ? Did you guys claim that you communicate to each other in English and she's fluent in English ???

[chl2010]

 

So when did the USCIS receive your papers back??

USCIS recieved the paper back from our friendly US consulate at Guangzhou in May 2010. They sent a letter in response to Senator John Cornyn's inquiry saying that the case has been delayed further.

They apologized to Senator and said it will be probably processed in 45 to 60 days. This is Vermont service center.

Any one has similar situation over there? Thanks.

Edited December 15, 2010 by dnoblett
Quote tags fixed (see edit history)

[Wayne2010]

Blue means request for more evidence ???

The K3 interview, what was the problem that they raised from their questions ?

Why not speaking English be the reason for denial ??? She can have Chinese speaking officer interview her ...

Do you speak Mandarin ? Did you guys claim that you communicate to each other in English and she's fluent in English ???

 

No we did not indicate that I spoke Chinese or that she could speak fluent English.

 

And yes, she received a blue slip asking her to provide additional information on my previous marriage, and to explain how we communicated. I do not speak Chinese, and as I said before, my wife only spoke a little English. Between having a close Chinese friend who speaks English very well, the use of an electronic translator, and her limited English we did very well. Of course since then she enrolled in an English class and things are much easier now.

 

The CR1 interview came so quickly after the K3, so we decided to translate the requested response to English and submit it at the CR1. According to my wife they did not even take the time to look at the information. As you can imagine, after a long flight to Guangzhou, another physical, and to be turned away after only 5 minutes was heartbreaking.

Edited December 15, 2010 by dnoblett
Quote tags fixed (see edit history)

[Yuanyang]

Not to be argumentative but each case is different. I've bolded those items that were true for us and struck through those that were not. Still 16 months for an interview.

 

Regarless, we know the pain and wish you two the best.

 

You have learned the hard way that being naive is equivalent to not a bonafied relationship.

But really, lets look at this as an outsider.

You didn't put any of this in your post, but just for interest sake, lets see how close you fit the pattern?

 

1) You are between late 40s and early 60s.

2) Your wife is between 10 and 15 years younger than you.

3) She earns less than 5,000 yuan per month in China. (She had an excellent job.)

4) She has 1 child, and that child is a daughter.

5) She was divorced (before you married her). (Both of our divorces were not finalized until a month or so before we met and wed.)

6) You met on an internet site.

7) Her english is not very good, and perhaps your letters to her were translated by a third party (with or without your knowledge).

8) Your Chinese is not very good.

9) Your opinion is that even with the language issues, you communicate quite well over the internet using either machine translation or some other way.

10) You only traveled once to meet her and marry due to financial limits, yet you know you will have enough to support her and yourself when she gets here. (4 trips before interview)

11) Oh, is she from Naning region.

 

Whats the grade, do you fall into 50% or more of the "standard" scenarios?

As for #11 How about Fujian. Naning is much less fraught with denials.

 

I edited my post .. but really I wasn't trying to point to fraud, just to try to show how people on this forum generally DO fall into the "std" mold.

I may be totally wrong, and we will see, but from the 3 years I've hung out here, and a little on VJ, I see the trend, I am certain with what the VOs see, THEY see a trend, I just wish I could explain it to the new people as they start.

[Scott@Hong]

Interesting model

 

You have learned the hard way that being naive is equivalent to not a bonafied relationship.

But really, lets look at this as an outsider.

You didn't put any of this in your post, but just for interest sake, lets see how close you fit the pattern?

 

1)You are between late 40s and early 60s.

2) Your wife is between 10 and 15 years younger than you.

3) She earns less than 5,000 yuan per month in China.

4) She has 1 child, and that child is a daughter.

5) She was divorced (before you married her).

6) You met on an internet site.

7) Her english is not very good, and perhaps your letters to her were translated by a third party (with or without your knowledge).

8) Your Chinese is not very good.

9) Your opinion is that even with the language issues, you communicate quite well over the internet using either machine translation or some other way.10) You only traveled once to meet her and marry due to financial limits, yet you know you will have enough to support her and yourself when she gets here.

11) Oh, is she from Naning or Fujian region.

 

Whats the grade, do you fall into 50% or more of the "standard" scenarios?

 

36%, though with some refinement this could be a very good model to help people look for red flags in case preparation

[Yuanyang]

Interesting model

 

You have learned the hard way that being naive is equivalent to not a bonafied relationship.

But really, lets look at this as an outsider.

You didn't put any of this in your post, but just for interest sake, lets see how close you fit the pattern?

 

1)You are between late 40s and early 60s.

2) Your wife is between 10 and 15 years younger than you.

3) She earns less than 5,000 yuan per month in China.

4) She has 1 child, and that child is a daughter.

5) She was divorced (before you married her).

6) You met on an internet site.

7) Her english is not very good, and perhaps your letters to her were translated by a third party (with or without your knowledge).

8) Your Chinese is not very good.

9) Your opinion is that even with the language issues, you communicate quite well over the internet using either machine translation or some other way.10) You only traveled once to meet her and marry due to financial limits, yet you know you will have enough to support her and yourself when she gets here.

11) Oh, is she from Naning or Fujian region.

 

Whats the grade, do you fall into 50% or more of the "standard" scenarios?

 

36%, though with some refinement this could be a very good model to help people look for red flags in case preparation

 

It is a good model, but every case is different. We all fear(ed) 3rd party interferences as well. Having the petitioners ex's information requested has happened before.

[Wayne2010]

Posting a model on an internet site is not always helpful. I purchased a ¡°do-it-yourself¡± kit on the internet, carefully read the instructions, and was comfortable in thinking all requirements would be listed on these government documents. So it never crossed my mind to dig deeper. Obviously, based on posts on CFL and VJ, this was also the case with many others. Ideally, the best way is for the USCIS to stipulate VO requirements on the petitioner¡¯s application for the beneficiary of K1/K3/CR1 visas. Not only would this save a lot of heartaches, it would cut down on the paperwork seen by the VO.

[Randy W]

Posting a model on an internet site is not always helpful. I purchased a ¡°do-it-yourself¡± kit on the internet, carefully read the instructions, and was comfortable in thinking all requirements would be listed on these government documents. So it never crossed my mind to dig deeper. Obviously, based on posts on CFL and VJ, this was also the case with many others. Ideally, the best way is for the USCIS to stipulate VO requirements on the petitioner¡¯s application for the beneficiary of K1/K3/CR1 visas. Not only would this save a lot of heartaches, it would cut down on the paperwork seen by the VO.

 

 

Sooner than a "trend" can be spotted, you can bet it will change - we see this all the time (a trend in itself).

 

Whether tour relationship is "bonafide" (for immigration purposes) or not is solely at the discretion of the VO.

[Wayne2010]

Posting a model on an internet site is not always helpful. I purchased a ¡°do-it-yourself¡± kit on the internet, carefully read the instructions, and was comfortable in thinking all requirements would be listed on these government documents. So it never crossed my mind to dig deeper. Obviously, based on posts on CFL and VJ, this was also the case with many others. Ideally, the best way is for the USCIS to stipulate VO requirements on the petitioner¡¯s application for the beneficiary of K1/K3/CR1 visas. Not only would this save a lot of heartaches, it would cut down on the paperwork seen by the VO.

 

Sooner than a "trend" can be spotted, you can bet it will change - we see this all the time (a trend in itself).

 

Whether tour relationship is "bonafide" (for immigration purposes) or not is solely at the discretion of the VO.

 

Yes Randy, I surely know. But my question is, "is it right"? Just my humble opinion, but the only duty of the VO is to determine if the information submitted is "fraudulent". The job of the USCIS is to determined if the petitioner and beneficiary qualifies by US law. The VO "opinion" of whether the relationship is bona-fide is irrelevant. He should perform his duty based on facts, not speculation.

[tsap seui]

Posting a model on an internet site is not always helpful. I purchased a ¡°do-it-yourself¡± kit on the internet, carefully read the instructions, and was comfortable in thinking all requirements would be listed on these government documents. So it never crossed my mind to dig deeper. Obviously, based on posts on CFL and VJ, this was also the case with many others. Ideally, the best way is for the USCIS to stipulate VO requirements on the petitioner¡¯s application for the beneficiary of K1/K3/CR1 visas. Not only would this save a lot of heartaches, it would cut down on the paperwork seen by the VO.

 

Sooner than a "trend" can be spotted, you can bet it will change - we see this all the time (a trend in itself).

 

Whether tour relationship is "bonafide" (for immigration purposes) or not is solely at the discretion of the VO.

 

Yes Randy, I surely know. But my question is, "is it right"? Just my humble opinion, but the only duty of the VO is to determine if the information submitted is "fraudulent". The job of the USCIS is to determined if the petitioner and beneficiary qualifies by US law. The VO "opinion" of whether the relationship is bona-fide is irrelevant. He should perform his duty based on facts, not speculation.

You hit the key word buddy. SPECULATION....and I'll add in CONJECTURE

 

Right there sums up what the Department of State is all about.

 

Good luck to you. At least it looks like your case came back to the states (USCIS)quickly for you...Mine took 13 months just to be sent back by the DOS speculators and conjecturers in Guano, China.

 

Hang in there, it's all about time. Try everything you can, it won't do any good for your case, but it keeps you busy and shows your wife you're trying your best. I say that in all seriousness. You will learn to make TIME your friend. In time you'll see the report and have the chance to make a rebuttal to USCIS....see what they say, the DOS has done their damage, but the USCIS doesn't always agree with them, maybe you'll luck out, the USCIS will reafirm your case, and send it right back to the NVC and DOS.

 

Hell, the whole thing with the DOS is all about luck (it's like your wife went to the Lucky Ducky Pond at a carnival and just picked the wrong ducky on interview day).

 

Many on here have had the same red flags as you, and their wives sit in America with them.

 

See what the USCIS says the DOS charges you with....it could be something completely different than "our" speculation.

 

Hang tuff, man....there is no real rhyme or reason with the DOS, you just pick yourself up, dust yourself off, and get back on the bull....bullshit that is.

 

tsap seui

 

I've legally changed my middle name to Wait

[Randy W]

Posting a model on an internet site is not always helpful. I purchased a ¡°do-it-yourself¡± kit on the internet, carefully read the instructions, and was comfortable in thinking all requirements would be listed on these government documents. So it never crossed my mind to dig deeper. Obviously, based on posts on CFL and VJ, this was also the case with many others. Ideally, the best way is for the USCIS to stipulate VO requirements on the petitioner¡¯s application for the beneficiary of K1/K3/CR1 visas. Not only would this save a lot of heartaches, it would cut down on the paperwork seen by the VO.

 

Sooner than a "trend" can be spotted, you can bet it will change - we see this all the time (a trend in itself).

 

Whether tour relationship is "bonafide" (for immigration purposes) or not is solely at the discretion of the VO.

 

Yes Randy, I surely know. But my question is, "is it right"? Just my humble opinion, but the only duty of the VO is to determine if the information submitted is "fraudulent". The job of the USCIS is to determined if the petitioner and beneficiary qualifies by US law. The VO "opinion" of whether the relationship is bona-fide is irrelevant. He should perform his duty based on facts, not speculation.

 

 

No - it IS 100% speculation. In the US, if you can claim to be married, you are. That's not the case in immigration law. The VO is OBLIGATED under the INA to deny your visa if he feels (speculates) that your relationship is not bonafide.

 

Furthermore, there is no court of law ANYWHERE that can review a consular official's decision - it is final. The USCIS, however, can review the case and resubmit if they decide it's appropriate to do so.

 

But I do agree that part of their job lies in NOT denying those cases that ARE bonafide.

 

What this amounts to is that it's YOUR responsibility to prove to THEM that your relationship is bonafide.