smokiessky Posted March 23, 2011 Report Share Posted March 23, 2011 I have a friend that just got white paper for the 2nd time today. He went to the interview in China only for the 2nd interview. First time was for a K1 visa results white paper.after that He got married and filed for a K-3. He went to China for the 2nd interview and she got a White paper and was told the pictures they took were fake. I know they were not i was there for his first trip to meet his girl. I told him to go to this website for advise but he will not shy i guess only comes here to read the post. What does he do now. Why do i come here for him. He got a white paper the first interview so i found this website and got to overkill mode and got a pink paper because of his white paper . I thank everyone that help us againAny advise for my friend would be great he is it China now. I got the news only a few minutes ago. Link to comment
bullmastiff Posted March 23, 2011 Report Share Posted March 23, 2011 I have a friend that just got white paper for the 2nd time today. He went to the interview in China only for the 2nd interview. First time was for a K1 visa results white paper.after that He got married and filed for a K-3. He went to China for the 2nd interview and she got a White paper and was told the pictures they took were fake. I know they were not i was there for his first trip to meet his girl. I told him to go to this website for advise but he will not shy i guess only comes here to read the post. What does he do now. Why do i come here for him. He got a white paper the first interview so i found this website and got to overkill mode and got a pink paper because of his white paper . I thank everyone that help us againAny advise for my friend would be great he is it China now. I got the news only a few minutes ago. WHY doesn't he write here in this forum ???Looks like they think he & his spouse committed a marriage fraud .Petition will be sent back to USCIS to request for revocation . Look forward to 2 years even if he eventually prevails. On the mean time, most couples probably split after this outcome.without details , how can the experts in this forum offer any suggestion ??? Link to comment
Randy W Posted March 23, 2011 Report Share Posted March 23, 2011 What he needs is for someone to look over his entire application and tell him what went wrong. That would be Marc Ellis http://www.marcellislaw.com/ Link to comment
chilton747 Posted March 23, 2011 Report Share Posted March 23, 2011 He can reinstate the CR1 and try that since his last try was the K3. And of course with Marc Ellis' help. Link to comment
dnoblett Posted March 23, 2011 Report Share Posted March 23, 2011 He can reinstate the CR1 and try that since his last try was the K3. And of course with Marc Ellis' help. The question is when did they file and interviewed for visa? May have filed for K-3, however if they filed this sometime later than fall 2009 and the petitions were approved and sent to NVC sometime after Feb 2010, more than likely we are not talking about a denied K-3 here, more than likely it was a denied CR-1 visa, since NVC has been closing K-3 petitions since Feb 2010. The reinstate I-130 thing was an option before NVC started closing K-3s. Link to comment
smokiessky Posted March 23, 2011 Author Report Share Posted March 23, 2011 The interview was for a cr1 not a K3. Is it possible to reinstate the k3? Link to comment
dnoblett Posted March 23, 2011 Report Share Posted March 23, 2011 The interview was for a cr1 not a K3. Is it possible to reinstate the k3? Nope, K-3 intention is for coming to USA and waiting for I-130 to be approved, in this case the I-130 is already approved, and the resulting visa was denied. Link to comment
dnoblett Posted March 23, 2011 Report Share Posted March 23, 2011 Sounds like your friend ignored USCIS notice of intent to revoke I-129F case when it was returned to USCIS after K-1 was denied, if ignored in many cases USCIS simply assumes "Misrepresentation" and marks the K-1 revocation as such, and this comes to bite any future visa petitions later on. Discussed awhile back in "The Mase's" case. http://candleforlove.com/forums/index.php?showtopic=38715 Ellis wrote about this a while back.Lawyers ¨C 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/a...0323-ellis.shtm Link to comment
dnoblett Posted March 23, 2011 Report Share Posted March 23, 2011 I doubt that fake looking pictures was the cause of the denial I feel there is more than that. Link to comment
chilton747 Posted March 23, 2011 Report Share Posted March 23, 2011 I doubt that fake looking pictures was the cause of the denial I feel there is more than that. I think that using Marc Ellis would help him sort all of that out and get them ready for the rebuttal. Link to comment
smokiessky Posted March 23, 2011 Author Report Share Posted March 23, 2011 What is a rebuttal? Link to comment
dnoblett Posted March 23, 2011 Report Share Posted March 23, 2011 What is a rebuttal? This is what has to be done when USCIS eventually gets the returned case, and mails the petitioner a letter of Notice of Intent to Revoke. Need to make a strong case as to why the consulate's decision was wrong, and for USCIS to reaffirm the petition and send back to consulate for another interview. This is where getting a lawyer involved is the best advise, and not any lawyer but one who specializes in immigrations cases particularly in hard cases. Many immigrations lawyers tend to be petition preparers, they tend to a know how to put a petition together and mail it to USCIS, this is not the type we are talking about. Marc Ellis is one of the few we know of that deals in denial cases, he is the one who writes papers and contributes from time to time on this board, about denial cases. Link to comment
credzba Posted March 23, 2011 Report Share Posted March 23, 2011 What is a rebuttal? He must deal with this denial, because until he gets his record cleared he is never going to get his wife here. I have watched tsap, and others wait and wait, but honestly if it was me .. I'd just move to China.That's easy for me to say, because I like it there, but many relationships can not endure the long distance, and the time required to get USCIS to reinstate a denied CR/1. Link to comment
TLB Posted March 23, 2011 Report Share Posted March 23, 2011 What is a rebuttal? He must deal with this denial, because until he gets his record cleared he is never going to get his wife here. I have watched tsap, and others wait and wait, but honestly if it was me .. I'd just move to China.That's easy for me to say, because I like it there, but many relationships can not endure the long distance, and the time required to get USCIS to reinstate a denied CR/1. I agree; there is much yet to be discovered, but mostly this is the moment of truth for the relationship. Of course I don't know the USC's circumstances, but if this is the love of your life, move to China, teach English there while you learn the language and continue the process. Heck, I'll bet there are a few folks in the world who live happy lives without ever even setting foot in the U.S.! Life usually has more possibilities than we see. Link to comment
tsap seui Posted March 23, 2011 Report Share Posted March 23, 2011 (edited) I have a friend that just got white paper for the 2nd time today. He went to the interview in China only for the 2nd interview. First time was for a K1 visa results white paper.after that He got married and filed for a K-3. He went to China for the 2nd interview and she got a White paper and was told the pictures they took were fake. I know they were not i was there for his first trip to meet his girl. I told him to go to this website for advise but he will not shy i guess only comes here to read the post. What does he do now. Why do i come here for him. He got a white paper the first interview so i found this website and got to overkill mode and got a pink paper because of his white paper . I thank everyone that help us againAny advise for my friend would be great he is it China now. I got the news only a few minutes ago. Smokie, you'ved got some good "educated" guesses here as to your friends problem....IT'S ALL GLOOM Then again, maybe not, if he comes up with the right plan. We need to get down to brass tacks here and right now all we have is speculation and conjecture material. I understand the lil' woman got denied on a K-1. Using the denial date as day one, when did they marry? Did he ever get any mail, about one year or so after the K-1 denial date, from the USCIS? If so, and this is where the rebuttal part comes in, what did the USCIS say to him in their letter? Okay, there's a start so we can all stop guessing and get a clear picture of what this guy should do. Sadly, you are stuck in the middle Smokie. Your cause is a noble one but if your friend truly wants help he needs to come out of the closet and lay the case out for us....or just ship over a bunch of bucks to Marc Ellis and be done with it. Otherwise all we have is specualtion and conjecture....I can't handle speculation and conjecture, even from my friends....or my owndamnself. Good luck to your friend, We'll help show him what he's up against but we need more details than you most likely know Smokey. Kinda tough to ask questions and wait for you to call your friend and ask him what his answer is to what he read on Candle. It's tough in his situation but it can be worked out. tsap seui On a side note ol' Credzba brought up a going to China to live in a case like this. Good point11 I was going to do that very thing in 2007, wound up buying a house there in 2008. Here's what happened..... I got involved with the Veterans Administration three weeks after I came home from China when my wife got denied in JUly of 2007. I went to see a VA doctor and he screened me for agent orange, asked me about nightmares and told me I needed to file a claim for PTSD. Well, that kicked off a whole new waiting game, if you think immigration is a wait, you should try the VA. Better yet, try them both...at the same fuc#ing time. Just a few weeks ago while on the phone with Chawls I got my 100% disabled tag from the VA, you add in the pay I now get along with SSDI (again awarded to me because of Vietnam) and I now make darn near $4,500 a month tax free. Wanna know why I never moved to China in 2007? Cough, cough....it was the bucks!!! I'll admit it, it was the dadgummed money, pure and simple. Now, you watch my behind if they deny my wife this time....my two uncle Sam checks will be following my butt over to China. An ol' boy oughta be able to buy a few fish heads n' rice on a current exchange rate of 28,925 per month income. My wait has been over twice the wait of just hangin' out on immigration, but it's starting to pay off quite handsomely. Come one way or the other I soon will be free of USCIS and the Department of State, thank you very much Uncle Sammy. Edited March 23, 2011 by tsap seui (see edit history) Link to comment
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