white after 2 min interview

[Jerry333]

Our K1 visa was denied on March 6th. The interview was very rude and short. Only two questions were asked during the interview ¨C my fianc¨¦e¡¯s name and why she wants to go US. My fianc¨¦e told the VO her name and told him the purpose to be in US is to get married with me. The VO told my fianc¨¦e he did not believe her and did not bother to look all the evidences that my fianc¨¦e gave to him. Even before he asked whether my fianc¨¦e is CCP member, he passed the white slip to her. I was waiting in the coffee shop inside the consulate building. When my fianc¨¦e brought the news to me, I was totally shocked. I could not believe how rude the interview was, how arrogant the VO is, and how irresponsible the decision was made.

My congressman office wrote the consulate three days after the interview and the consulate replied that my case had already been sent back to US for review. Last week, I got notification my case has been received by USCIS. So far, the only reason that the consulate gave to both my fianc¨¦e and my congressman for the denial was that they determined no bona fide relationship. I am surprised how quickly they returned my case to US and not sure is a good sign or bad sign.

[chilton747]

Sorry to hear about the denial. I see it as a good thing that the case was sent back to the USCIS quickly. Usually the USCIS lets the case expire which means you will have to refile for a new K1 or you can go to China, get married, and file a CR1. Either way you might want to contact an attorney such as Marc Ellis to help you get to the bottom as to why the K1 was denied.

 

Good Luck!!

[warpedbored]

Marc Ellis and his assistant Eunice are the go to team for NOIR. (white slips) Since they teamed up they have not lost a single case. In your shoes I would waste no time in contacting them. At this point you have two options. Stay the course and fight for the K-1 or go to China, marry and start over. I would certainly defer to my lawyer's advice but it seems that since they returned it to the USCIS so quickly fighting the K-1 decision may be your best option.

[chilton747]

Marc Ellis and his assistant Eunice are the go to team for NOIR. (white slips) Since they teamed up they have not lost a single case. In your shoes I would waste no time in contacting them. At this point you have two options. Stay the course and fight for the K-1 or go to China, marry and start over. I would certainly defer to my lawyer's advice but it seems that since they returned it to the USCIS so quickly fighting the K-1 decision may be your best option.

 

 

 

He will have to watch his mailbox for this NOIR letter if it comes. But I wouldn't wait until then to get Marc's help, I would start immediately.

[dnoblett]

Typically the decision is made before the interview, rarely do they request or take any new evidence at the interview, is one reason it is told on Candle to front-load the petition with strong evidence when filing to USCIS.

 

K-1 seems to get denied for the non-bonafide reason quite often. Spouse visas tend to not get denied for this reason as often, being married for a while shows a committed relationship, a spouse visa typically gets denied in cases where there was a very short relationship prior to marriage, perhaps very shortly after a divorce.

 

What many do is to get married shortly after a K-1 denial and then file an I-130 for a spouse visa.

 

Keep a close eye out for any correspondence from USCIS, they will do one of three things with the K-1 petition.

 

• They treat it as expired, and tell you to file a new petition.
• They reaffirm the petition, and send it back to the consulate for another interview, they feel the consulate improperly handled the interview.
• They revoke it, in this case there was something more serious, and they send you a letter indicating this. (YOU NEED TO DEAL WITH THIS! Ignoring this can and will affect any future petitions)

As was said you may want to get a GOOD immigrations attorney involved. Marc Ellis comes to mind.

 

http://candleforlove.com/forums/index.php?/forum/39-ellis-island/

[Mick]

As Carl and others have suggested, Mark Ellis is the go to guy in this type of case. It is obvious a decision was reached prior to the interview. What surprises me is how fast it was returned to USCIS. Good luck in the future.

[bullmastiff]

looks like they 're so firm believer that the relationship is a sham .

if you can share with us what is the red flag ???

[Scott@Hong]

The other people giving advice are spot on, Contact Marc now, talk with him about your best option. Me and my wife were same as you, white slip on K1 and I was in the same coffee shop as you when it happened. In our case we married, filed CR1 and are now happily together here in the States thanks to Marc, Eunice and the people here on Candle.

[credzba]

Our K1 visa was denied on March 6th. The interview was very rude and short. Only two questions were asked during the interview ¨C my fianc¨¦e¡¯s name and why she wants to go US. My fianc¨¦e told the VO her name and told him the purpose to be in US is to get married with me. The VO told my fianc¨¦e he did not believe her and did not bother to look all the evidences that my fianc¨¦e gave to him. Even before he asked whether my fianc¨¦e is CCP member, he passed the white slip to her. I was waiting in the coffee shop inside the consulate building. When my fianc¨¦e brought the news to me, I was totally shocked. I could not believe how rude the interview was, how arrogant the VO is, and how irresponsible the decision was made.

My congressman office wrote the consulate three days after the interview and the consulate replied that my case had already been sent back to US for review. Last week, I got notification my case has been received by USCIS. So far, the only reason that the consulate gave to both my fianc¨¦e and my congressman for the denial was that they determined no bona fide relationship. I am surprised how quickly they returned my case to US and not sure is a good sign or bad sign.

 

 

It seems they determine that this marriage is a sham long before the interview.

Have you spoken to your finance, has she ever been in a k1 filing with someone else in the past?

What is the age difference, is it so large as to be a red flag?

How did you meet, was there some intermediary that introduced you that could have a bad reputation?

How long have you known each other, was it a quick decision to become engaged?

Have you met her family and friends?

Have you been to her place of employment, or does she have a job?

 

With little to no background on you and her it is difficult to help you other than say to get a lawyer, but you should do some introspection and think why an outsider would not believe your relationship is genuine. I am certain you believe it is, but you need to think like someone from the outside would think.

[Randy W]

Our K1 visa was denied on March 6th. The interview was very rude and short. Only two questions were asked during the interview ¨C my fianc¨¦e¡¯s name and why she wants to go US. My fianc¨¦e told the VO her name and told him the purpose to be in US is to get married with me. The VO told my fianc¨¦e he did not believe her and did not bother to look all the evidences that my fianc¨¦e gave to him. Even before he asked whether my fianc¨¦e is CCP member, he passed the white slip to her. I was waiting in the coffee shop inside the consulate building. When my fianc¨¦e brought the news to me, I was totally shocked. I could not believe how rude the interview was, how arrogant the VO is, and how irresponsible the decision was made.

My congressman office wrote the consulate three days after the interview and the consulate replied that my case had already been sent back to US for review. Last week, I got notification my case has been received by USCIS. So far, the only reason that the consulate gave to both my fianc¨¦e and my congressman for the denial was that they determined no bona fide relationship. I am surprised how quickly they returned my case to US and not sure is a good sign or bad sign.

 

 

It seems they determine that this marriage is a sham long before the interview.

Have you spoken to your finance, has she ever been in a k1 filing with someone else in the past?

What is the age difference, is it so large as to be a red flag?

How did you meet, was there some intermediary that introduced you that could have a bad reputation?

How long have you known each other, was it a quick decision to become engaged?

Have you met her family and friends?

Have you been to her place of employment, or does she have a job?

 

With little to no background on you and her it is difficult to help you other than say to get a lawyer, but you should do some introspection and think why an outsider would not believe your relationship is genuine. I am certain you believe it is, but you need to think like someone from the outside would think.

 

 

This is where Marc Ellis earns his keep. The OP CAN'T do this - he sees the reality of his relationship and how he INTENDED to present it - Marc can look at his file objectively and determine what went wrong with the presentation. We can only go by what is posted here.

[Jerry333]

First, thank all of you for quick help and advices. I wish that I had knew this helpful and friendly community before I submitted my application. From reading the replies, I believe there were a few red flags which caused the quick denial of our K1 visa:

1. Big age difference – I am 19 years older than my fiancée

2. Quick decision to make engagement -- six months I met my fiancée online, we decide to get engaged though I visited her several times before the our engagement. When she had interview, we just knew each other for 14 months

3. Started new relationship shortly after my previous marriage – I separated with my ex-wife for two years. It took the judge more than one year to put his signature to my non-contested devoices (another lovely tax paid government service). I met my fiancée three months before I got my final device paper.

But, I did not hide anything in my application. USCIS had already reviewed my application and approved it. The FMA states:

No readjudication of petitions

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. …”

My situation did not change at all before the interview. The things confuse me are that why the consulate does not follow the FMA and the VO could deny the approved application quickly even without looking for any new evidence. The other thing confuses me is that the consulate make their own marriage laws since we do not have any law requiring a waiting period to start a new marriage and what age difference should be to qualify a legal marriage. One big mistake that I made like Randy pointed out was that I was so naïve that I did not front loaded the application since my relationship is totally true and plus I visited my fiancée more than 10 time last year.

By reading other people’s case, it seems that fighting a denied application is very hard and took long time. I believe my best choice will be getting married and file CR1. But, after this bad experience, I am still worried about whether my future wife will be able get a CR1 visa without any trouble since the marriage will not change all the red flags that I listed above unless the consulate change their “laws”. Like others, I can find a job in China and move there. But, so far, I still love my home and my country. I still want my American dream to become true though……

Edited May 3, 2011 by Jerry333 (see edit history)

[Randy W]

First, thank all of you for quick help and advices. I wish that I had knew this helpful and friendly community before I submitted my application. From reading the replies, I believe there were a few red flags which caused the quick denial of our K1 visa:

1. Big age difference ¨C I am 19 years older than my fianc¨¦e

2. Quick decision to make engagement -- six months I met my fianc¨¦e online, we decide to get engaged though I visited her several times before the our engagement. When she had interview, we just knew each other for 14 months

3. Started new relationship shortly after my previous marriage ¨C I separated with my ex-wife for two years. It took the judge more than one year to put his signature to my non-contested devoices (another lovely tax paid government service). I met my fianc¨¦e three months before I got my final device paper.

But, I did not hide anything in my application. USCIS had already reviewed my application and approved it. The FMA states:

No readjudication of petitions

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. ¡­¡±

My situation did not change at all before the interview. The things confuse me are that why the consulate does not follow the FMA and the VO could deny the approved application quickly even without looking for any new evidence. The other thing confuses me is that the consulate make their own marriage laws since we do not have any law requiring a waiting period to start a new marriage and what age difference should be to qualify a legal marriage. One big mistake that I made like Randy pointed out was that I was so naïve that I did not front loaded the application since my relationship is totally true and plus I visited my fianc¨¦e more than 10 time last year.

By reading other people¡¯s case, it seems that fighting a denied application is very hard and took long time. I believe my best choice will be getting married and file CR1. But, after this bad experience, I am still worried about whether my future wife will be able get a CR1 visa without any trouble since the marriage will not change all the red flags that I listed above unless the consulate change their ¡°laws¡±. Like others, I can find a job in China and move there. But, so far, I still love my home and my country. I still want my American dream to become true though¡­¡­

 

 

 

You are too emotional to look at your case clearly (no offense intended) - the things you point out are NOT red flags.

 

Responses here will simply confuse the issue for you, since they will simply be reacting to what you say - TALK TO MARC ELLIS NOW. He will help you determine a course to follow which WILL result in a visa ( and also put your mind at ease)

[Randy W]

You are correct that the Consulate, by law, may not readjudicate petitions. However, they are also REQUIRED by law to DENY a visa to anyone whose relationship they feel (or get the wild hare up their ass) is non-bonafide. A two-minute interview, along with the P-3 material, DOES provide additional evidence that was not available at the time the petition was approved.

[david_dawei]

It is certainly a disheartening trend. My wife periodically reads 001 and says and says she is amazed at pace of 'white slips', even to CR1s.

 

Here is my general opinion. Of course this is somewhat a generalization and some will say the very opposite occurred for them, but I still feel this is 'generally the case'.

 

They seem to not like short relationships particularly combined with a K1, regardless of how many visits you have. One reasoning may be that; if someone can visit so many times then:

1. There was no need to rush to file. One should be getting to know each other. If one obviously had more than enough time to do that (via multiple visits), but chooses not to, then that speaks something.

2. Given the ability to visit multiple times, one should be marrying and then filing. This shows a level of commitment that the K1 cannot.

 

I can't emphasize enough in this current climate of about 1-2 years, people need to probably date a year or more and just marry as a best case scenario. If one is not willing to do that, then I think the risks run much higher.

 

Good luck with your process and know that the advice given for Marc is the best you can do. Those that preserve and stick through it and/or marry and re-file are almost always successful. This is yet another possible indication that GUZ wants to see "time" together.

[Mick]

It is certainly a disheartening trend. My wife periodically reads 001 and says and says she is amazed at pace of 'white slips', even to CR1s.

 

Here is my general opinion. Of course this is somewhat a generalization and some will say the very opposite occurred for them, but I still feel this is 'generally the case'.

 

They seem to not like short relationships particularly combined with a K1, regardless of how many visits you have. One reasoning may be that; if someone can visit so many times then:

1. There was no need to rush to file. One should be getting to know each other. If one obviously had more than enough time to do that (via multiple visits), but chooses not to, then that speaks something.

2. Given the ability to visit multiple times, one should be marrying and then filing. This shows a level of commitment that the K1 cannot.

 

I can't emphasize enough in this current climate of about 1-2 years, people need to probably date a year or more and just marry as a best case scenario. If one is not willing to do that, then I think the risks run much higher.

 

Good luck with your process and know that the advice given for Marc is the best you can do. Those that preserve and stick through it and/or marry and re-file are almost always successful. This is yet another possible indication that GUZ wants to see "time" together.

 

I think David has made some great points in his post. It is always difficult for us to see an application through the eyes of the VO. Yes, sometimes they make knee-jerk decisions, but more often, something didn't smell right to them. I agree one hundred percent with what David said about the indicators pointing to the fact that increasingly GUZ wants to see more "time together." Also, is it possible that you were visiting and courting you fiance while you were still married? For some, that could be a major red flag. I know you were separated and divorce was "in process," but did it look that way on paper? Just a thought.