2nd denial

[JamesE]

smokiessky is my friend and he posted a forum here for me because he is concerned about my situation. I will post and outline with correct information.

Hello Heather, I am in China. My wife went to interview today and was denied visa. I have tried to send e-mail to Jim Levy, but can not get it to go through. Could you please forward this to him. My income last year was $24500. I also voided the K-1 denial and received a letter of confirmation. AS FOLLOWS:

Email: Heather_xxxxxxxxxxxx.senate.gov

 

Hello JamesE,

 

This is confirmation Senator xxxxxxxx forwarded you email to the Consulate, along with inquiry as to reasoning for her denial, and request for your appointment or walk-in hours. I will let you know as soon as we receive a response.

 

In the meantime, I thought I’d share this link with you: http://www.uscis.gov...orm/i-864p.pdf. For a household of 2, income level must be $18, 387. This might be part of their questioning on your finances. But you can always have a sponsor help.

 

I will let you know the further responses we receive. Thank you.

 

To: Jim Levy, Chief, Counselor Section

 

Ref: Case number: GUZxxxxxx

Petitioner: Rong

 

Birth Date: 04/24/1957

 

Interview date: 03/24/2011

 

Ref: denial of CR-1

From: JamesE

 

Birth Date:

 

 

Sir, I am requesting that you allow an appointment between us. I would like to discuss the denial. I think the interviewer was wrong in his judgements. This is the second time Rong has been denied a visa.

 

Interviewer stated to Rong that the photos were staged. Rong and I have not staged any pictures. The photos are all genuine and real. Interviewer kept the photo album.

 

Interviewer ask Rong how we communicate. She told him with Yahoo, e-mail, and phone. Interviewer kept the e-mails. The e-mails are only part of our communication. She had four times as many Yahoo chat records on hand at time of interview. Yahoo is much better, because we can talk and see each other on camera. We spend 1 to 3 hours every day communicating with each other. I sometimes take my lap top around the home and let her watch me do things.

 

Interviewer said that Rong was lying about our relationship. He said I am not a little child. We have know each other for almost 3 years now. I have supported her financially, paid for her English classes, and massage school certificate that she can use in America. I have used all my vacation time every year to be with Rong since I started communicating with her.

 

Interviewer said that James does not make much money; so why do you want to go to America? Rong said, "I love my husband, it does not matter." ( my overhead per year is very low. I explained this in the AOS. My overhead is about $14,000 per year in expenses) Besides this Rong will work in a massage parlor in America.

 

I have to go back to America April 10, 2011. I only have three weeks off from work. I would appreciate it if you would talk with me. I think you can turn this around; with confidence that we do have a bona fide relation.

 

Mr. Levy we are heart broken again. We do love each other and want to live our lives together. Please help us resolve this issue while I am here in China.

 

Sincerely,

JamesE

The interviewr said I had only been here 1 time since we got married. but I am here now also.

He said her English was not good. but we have together for a week and only used the translator a few times

Edited March 25, 2011 by dnoblett
Names changed for privacy (see edit history)

[tsap seui]

James, it looks like you are trying with your attorney's help to get an appointment with GUZ before you leave China.

 

Good luck with that.

 

I know it hurts like hell right now and I wish I could say do this or do that, but the fact is, you are trying the only thing open to you right now.

 

I won't speculate on what could be the denial problem as many other folks have similar situations and THEY got the visa.

 

When in doubt GUZ will just invent problems. Lies deciet, and corruption are still alive and well in Guangzhou, China, it looks like. I've lived through their lies also....good luck to you both.

 

tsap seui

 

Taking a break from typing up a useless e-mail to President Whatshis Name, and finishing up a letter to Janet Nappy.....Why, you may ask? Well, since you ask, "because I am bored and fel like spending time on something that will only get me some lame boiler plate answer by a couple of folks who could care less about my plight".

 

Well, you did ask.

 

"Too much time... on my hands.....(whisper) too much time on my hands"

[bullmastiff]

Was your K1 denied and later reaffirmed by USCIS ?

Edited March 25, 2011 by bullmastiff (see edit history)

[david_dawei]

James,

 

What is your ethnic background?

 

and why are you paying for her english lessons now second petition later? Openly talking about massage parlor work? Sorry.. better off just to move to china.

 

This visa climate is not very open to lack of language issues. If your paying her to learn english, your paying her to come to the US... opps... don't take it the wrong way... it's GUZ who did after all.

Edited March 27, 2011 by david_dawei (see edit history)

[Nate_NT]

I have been here and I will give you some pointers. (4 years 3 1/2 times denied)

 

1. Never use the words "massage parlor" in a letter going to GUZ. #1 Red Flag (was part of the reason my now wife was denied for her K1)

 

2. You paid for her to go to school. Should have been written the fact that she is or has attended English classes. I hate to say it but this can be used as a yellow flag. (you did say she will work in a parlor and she would need English for that)

 

3. Big red flag. You stated what you think she was denied for. Alas to really get help you need to look at it like a courtroom case. Only state the facts and only the facts dont say what you think happened only what you KNOW happened.

 

4. If you are living with her in China you needed to show that. IE your Visa stamp of your current visit. Only showing 1 visit to China also sends up a yellow flag.

 

5. Now about the photos. Take many photos all over the place. Pick a street sign have someone take a photo of you together near the sign. Take a photo next to a statue. In short terms make sure you have photos that stand out. I will use this as an example. I was a Translater for a Russian General when I was in the military. He was in China for an inspection of their Embassy last Nov. I asked to speak with him and he had a photo of me and my wife taken with him and his family at the Ballet later that night. That photo could not be staged. In their eyes a staged photo is a common photo that you can be imposed into. Example I have never been to the Great wall before I met my wife in 2006 but I have a photo of me on the wall in 1990.

 

6. ( my overhead per year is very low. I explained this in the AOS. My overhead is about $14,000 per year in expenses) In this case if I was the VO I would assume that you only have 10,500.00 to take care of you and your wife. this would put you under the poverty level and make you a High welfare case. Not teeling you to cook the books but I would have left it at I make 24500.00 and not explained anything else.

 

7. Last make sure you have screenshots of you two chatting on yahoo. Text chats can be faked but Screenshots are harder to fake when your photos are also on the page.

 

Hope this helps.

Nate

[TLB]

A couple of these responses have addressed English classes -- could you all explain what the problem is? Should she not be taking English classes? Should he not be paying for them? It seems a reasonable way to prepare for a journey to an English-speaking country -- what am I missing?

[dnoblett]

A couple of these responses have addressed English classes -- could you all explain what the problem is? Should she not be taking English classes? Should he not be paying for them? It seems a reasonable way to prepare for a journey to an English-speaking country -- what am I missing?

 

Yes, is reasonable to take classes, even to help pay for them. However depending on length of relationship, sending $$ can sometimes look like "Buying a Bride", which can be a red-flag.

 

Mentioning paying for things can sometime tip the scale in the wrong direction.

[bullmastiff]

A couple of these responses have addressed English classes -- could you all explain what the problem is? Should she not be taking English classes? Should he not be paying for them? It seems a reasonable way to prepare for a journey to an English-speaking country -- what am I missing?

 

Yes, is reasonable to take classes, even to help pay for them. However depending on length of relationship, sending $$ can sometimes look like "Buying a Bride", which can be a red-flag.

 

Mentioning paying for things can sometime tip the scale in the wrong direction.

 

 

 

I don't think that sending the money for learning English 's part itself is the problem .

The problem is this kind of thing has been used so many times in making sham cases ; trying to establish bonafide relationship out of sham cases , so , it trigers Yellow Flag .

I have been supporting my wife for 4 years , every month . Can the government challenge me with that ? Of course, not. I take care my woman . Of course, if my relationship were very short and my income were so low and it were done near the visa time , then, it'd have become a yellow flag... something weird ,among other things...

 

So, if you have a lot a lot of money and want to buy a new car every month for your beautiful Chinese wife , why should the government have anything to raise Yellow Flag against you ? But, if you only make $25,000 a year and suddenly able to buy new cars for your wife every month... then, where is the money coming from ???

Does it make sense ?

[david_dawei]

A couple of these responses have addressed English classes -- could you all explain what the problem is? Should she not be taking English classes? Should he not be paying for them? It seems a reasonable way to prepare for a journey to an English-speaking country -- what am I missing?

This is a reasonable question. Getting to the heart of the matter is not so easy.

 

Think from the position of the mindlessness of VO who sees hundreds of interviews a month, each about 5-10 minutes. If your sending her to english class, they may think: WTF are you guys doing together in the first place if you can't talk? If your sending her to english class, you should not be filing yet. You should be getting to know each other. After you know each other, then you should file.

 

My gut feeling is that GUZ has this on their brain more now than in most past years. If you need her to learn words to talk to you, then she doesn't need a visa. Hard and cold thought. Welcome to GUZ. JMO on what may be going on at times.

[Scott@Hong]

A couple of these responses have addressed English classes -- could you all explain what the problem is? Should she not be taking English classes? Should he not be paying for them? It seems a reasonable way to prepare for a journey to an English-speaking country -- what am I missing?

This is a reasonable question. Getting to the heart of the matter is not so easy.

 

Think from the position of the mindlessness of VO who sees hundreds of interviews a month, each about 5-10 minutes. If your sending her to english class, they may think: WTF are you guys doing together in the first place if you can't talk? If your sending her to english class, you should not be filing yet. You should be getting to know each other. After you know each other, then you should file.

 

My gut feeling is that GUZ has this on their brain more now than in most past years. If you need her to learn words to talk to you, then she doesn't need a visa. Hard and cold thought. Welcome to GUZ. JMO on what may be going on at times.

 

 

Having just passed after a failure, I think this is spot on. First time her English was weak and VO called her on it, this time she did entire interview in English. Many times people have passed knowing no English, but I think if there are other red flags in the case, speaking almost or fluent English helps the VO forget the other flags.

[Nate_NT]

There are ways around the "Paying for English classes" part. In short you dont say that you are the one paying for the class. I sent my wife the money for the classes, but at GUZ she only said that she is taking English classes. VO then asked her how she was paying for the classes and she said she saved up for the classes. Which is true. She saved the money I gave her for 6 months. (She did not want to take classes in Urumqi during winter)

 

Like Scott said the better his or her English is the more yellow and red flags are over looked.

 

For 2 of my wifes interviews I was stupid. I thought the system was fair. It is not. on the 3rd and the callback interview I used my old talents I learned in the military and PI school. I stated the facts in a way that hid the full meaning with out telling a lie and during my last visit with my wife I coached her like I would anyone taking the stand in a court room.Short direct answers in English and Chinese with out a pause.

[foobaz123]

I swear... reading all these responses and such always scare me and worry me. Makes me worry that it'll be years till we can live together and whether or not I should just put all the effort to moving to China and then DCF sometime next year. This talk about whether or not to include support and such as proof of a relationship also troubles me. For instance, we've had an apartment in Tangxia since September or so. I pay for the rent and she pays for everything else. It made financial sense, being somewhat cheaper than hotels. Mainly, it was we wanted privacy and security that we wouldn't have with her living in the dorm. Plus... It's our home. Even if I'm only rarely there, it is still ours.

 

Now, do I mention all that or no? I'm honestly not that worried about USCIS, but am terrified of GUZ.

[david_dawei]

I swear... reading all these responses and such always scare me and worry me. Makes me worry that it'll be years till we can live together and whether or not I should just put all the effort to moving to China and then DCF sometime next year. This talk about whether or not to include support and such as proof of a relationship also troubles me. For instance, we've had an apartment in Tangxia since September or so. I pay for the rent and she pays for everything else. It made financial sense, being somewhat cheaper than hotels. Mainly, it was we wanted privacy and security that we wouldn't have with her living in the dorm. Plus... It's our home. Even if I'm only rarely there, it is still ours.

 

Now, do I mention all that or no? I'm honestly not that worried about USCIS, but am terrified of GUZ.

 

Can you prove with documents that the house is collectively "yours" ?

 

And you bought this but yet not even engaged (according to your timeline)?

[foobaz123]

I swear... reading all these responses and such always scare me and worry me. Makes me worry that it'll be years till we can live together and whether or not I should just put all the effort to moving to China and then DCF sometime next year. This talk about whether or not to include support and such as proof of a relationship also troubles me. For instance, we've had an apartment in Tangxia since September or so. I pay for the rent and she pays for everything else. It made financial sense, being somewhat cheaper than hotels. Mainly, it was we wanted privacy and security that we wouldn't have with her living in the dorm. Plus... It's our home. Even if I'm only rarely there, it is still ours.

 

Now, do I mention all that or no? I'm honestly not that worried about USCIS, but am terrified of GUZ.

 

Can you prove with documents that the house is collectively "yours" ?

 

And you bought this but yet not even engaged (according to your timeline)?

 

 

Not bought, rented. We'd love to buy one there but I don't have the down payment just laying around at the moment

[david_dawei]

Not bought, rented. We'd love to buy one there but I don't have the down payment just laying around at the moment

It is still the same question: Do you have documented proof you paid for any part of living there?

 

If you can't truly prove you used your money, the most I would ever share is that "we lived together" but you should be able to prove that as well. Don't leave GUZ asking questions for proof.