white after 2 min interview

[dnoblett]

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.

 

David always makes great points, he tends to tell it as it is.

 

One thing to understand, K-1 is a visa type that is intended for cases where getting married overseas is difficult to impossible due to rules in the foreign country for example some countries do not allow marriage under age 25 or so, others make it hard for foreigners over a set age to get married, or in cases of a large age difference, or religious reasons. Since China lacks these restrictions the consulate treats K-1 with greater scrutiny, the reasoning is if you are that committed to a person what's stopping you from marriage in China and then apply for a spouse (CR-1) visa?

 

Things that sometimes hang a CR-1 is a very short relationship, or a jump into marriage shortly after a divorce.

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

[bullmastiff]

My only suggestion is please contact someone like Marc Ellis now to get a full review of your case.

In reading at your 2nd posting, you seem to know WELL about the immigration law. I am surprise that you didn't front load everything. Plus, why even bothered with K1 when you are more than able to get married in China and apply for CR 1 ???

anyhow, you know your situation well . if you are innocent , i have no doubt you WILL win .

Since you can visit China 10 X in one year, I believe you're financially capable to get the best legal counsel out there.

[NickF]

I went for the K1 because I had two problems. First I have custody of my daughter from my previous marriange, and he mother absolutely refuses to allow her to leave the US with me for any reason or timeframe.

 

Second, ChunMei and I were engaged after we'd known each other for a year, but I was still married when it happened. My ex and I had been separated for almost 5 years, but she wouldn't cooperate with the divorce because she had a temporary parenting and child support order that gave her 50% parenting rights, and $600/month in child support. She knew that she was going to get hammered in the final settlement of the divorce, and she want to avoid that as long as possible.So on paper I'd been devorced for a month then we filed for the K1. Fortunatly GUZ looked at the details, and gave it to us.

[Yuanyang]

Do not think that marrying will automatically mean that she will be granted a visa either. I recommend that you follow the sound advice given above.

 

Each situation is different. We married and filed accordingly and we had no problems at all. Please see my comments below for our situation.

 

...

1. Big age difference – I'm 16 years older.

2. Quick decision to make engagement -- ...We'd know each other 4 months before we married.

3. Started new relationship shortly after my previous marriage ...Our divorces weren't "Finalized" until the month before we married.

....

 

 

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