topic for Sparky

[sparky]

my fiancee was just denied her visa to come to the usa to marry me ,,we are devastated by this decision ,,can any one help ,,or direct me what to do next ,,we are very much in love and wish to be together as soon as possible ,,Please send me a personal message

Edited September 5, 2011 by Kyle
Removed email address to protect OP's privacy (see edit history)

[warpedbored]

We don't have enough information to help you sparky. Was she given a blue slip asking for more information or a NOIR (Notice of Intent to Revoke?) If it was a blue slip give them what they asked for. If it was a NOIR it would be a good idea to get a lawyer who is well versed in the inner workings of GZ..

[IllinoisDave]

Welcome to Candle Sparky. Sorry to hear of the denial. The first thing you need to do is take a deep breath...now let it out. Next, as Carl suggested, we need some more info so we can help. I understand your wish to get info via private email. But if at all possible, having your story be a bit more public will enable more people to help you. It's up to you though. Believe me, there's a wealth of knowledgeable people here to help you try and overcome this, including many who've been through the same thing and are now happily united with their loved ones. So all is not lost.

 

If you decide to open it up to the membership there's a few things we need to know to get you going. Could you tell us exactly what the denial slip says? What was asked at the interview? Did you do the paperwork yourself or have an agency/lawyer do it? And, if possible, some info on your and your fiancee's backgrounds would be helpful. Only divulge what you're comfortable with.

 

I know things look gloomy now. But you've made the best first step you could make coming here looking for help. If it can be done, these are the people to do it.

 

Best of luck to both of you.

[dnoblett]

Gonna need a few details, was it a "blue slip" for more info? Or an out right denial? (NOID)

 

If a denial, then what was the grounds of denial?

 

In most cases where GUZ tosses a denial for Non-bonafide relationship, USCIS in many cases reaffirm the petition and send the case back to the consulate.

 

One of three things happens to a denied case.

• The returned petition reason for denial is considered incorrect, and USCIS sends you a letter indicating case is being reaffirmed and returned to consulate for another interview.
• USCIS administratively closes the case and sends petitioner a letter saying try again for another fiancee visa, or perhaps get married first and file a spouse visa petition.
• The returned petition is considered revoked, this needs to be dealt with if this happens, if ignored, the revoked case can come back and bite you if you try for another visa.

Many who do get a denied K-1 case, simply go to China and get married, and then pursue the spouse visa.

 

Seems the denial rate for K-1 is higher than Spousal visas, due to the nature of commitment in a spouse case, vs fiancee. Keep in mind the K-1 is primarily for cases where it is difficult to get married overseas due to something like local laws or religious reasons preventing a foreigner to marry, some cases having to do with age differences. This is not the case in China.

[sparky]

[Well ,,from what i have seen on the slip ,,it said that they not to believe it was a real relationship ,,,I dont know what was asked at the interview ,,i was not there ,sorry to say ,,and yes i done the paper work myself ,,not that i am a wiz on paper work either ,,I am 56 and my fiancee is 53 ,,i went to china ,stayed for 15 days ,,we had a wonderful time there ,,my fiancee is retired and draws her pnsion every month ,,owns her own home in china ,,she has a son who is married and she has successfully put him thru college and started a photogrphy buisness for him ,,all own her own ,,she has been divorced for 20 years ,,the son is married and own his own now ...we have been in constant contact with each other morning and night ,,i phone her twice a day and we chat over the internet twice a day as well ,,her english skills are not well ,,but she is a fast learner and i dont see this a problem between us ,,,i am an owner operator in the trucking buisness and have a contract with fedex custom critical division ,,i am certainly not rich ,,but feel i can provide a comfortable life for my fiancee ,,,a problem that i know may have been that my past income tax return ,,i was working out of my home ,,i restored and done repair on motorcycles ,,and with this a lot of my income was cash ,,and to keep my taxes low as a lot of americans do ,,i guess not all of my income was reported ,,which now comes to bite me in the <<>> ..knowing this i quit this work trained in truck driving school ,,bought my own truck and went to work with fedex ,,i have been driving with fedex since january and have surpassed the amount of income requested of me ,,as i said i am not rich and having to re-apply go to china again certainly will not help my financial situation ,,but if this is what i have to do ,,then i will do it ,,,we are both very much in love and certainly dont want to give up in opur quest to be together ,,another thing ,,as my fiancee's father passed 10 years ago ,,and her mother very elderly ,,under care ,,there were not a lot of pictures of us and family members ,,so most of our picture were of each other and when we could get a stranger to take our picture together ,,i guess i could understand them not believing we are the loving couple ,,but we are !!!!But the way my fiancee talked ,,the officer at the interview took no time in deciding our destiny ,,with no consideration in any of the facts of our case ,,hard to see how someone who knows nothing of the love between two ,can crush all there dreams and hopes in a matter of minutes ,,,all in all though ,,i surely thought i had satisfied all the requirements of me ,,this the first time to ever go thru this ,,,i was not to realize just how difficult it was for someone to come to america ,,with thousands of immigrants intering the usa daily ,,and a lot of those illegally ,,to be granted jobs and health care without question ,,and then for someone trying to do things the right way ,,to be turned down ...well,,it was just heartbreaking to the both of us ,,i admire those of you who have withstood all the mental pressures placed upon you.and to have succeeded in your efforts ,,I am happy for you ,,I hope eventually i can finally be happy too..thanks for all the help of every one on this site ,,you have been most helpful and understanding ,,i hope to continue being a part of this great network ...Thanks Sparky

 

 

Welcome to Candle Sparky. Sorry to hear of the denial. The first thing you need to do is take a deep breath...now let it out. Next, as Carl suggested, we need some more info so we can help. I understand your wish to get info via private email. But if at all possible, having your story be a bit more public will enable more people to help you. It's up to you though. Believe me, there's a wealth of knowledgeable people here to help you try and overcome this, including many who've been through the same thing and are now happily united with their loved ones. So all is not lost.

 

If you decide to open it up to the membership there's a few things we need to know to get you going. Could you tell us exactly what the denial slip says? What was asked at the interview? Did you do the paperwork yourself or have an agency/lawyer do it? And, if possible, some info on your and your fiancee's backgrounds would be helpful. Only divulge what you're comfortable with.

 

I know things look gloomy now. But you've made the best first step you could make coming here looking for help. If it can be done, these are the people to do it.

 

Best of luck to both of you.

Edited September 7, 2011 by dnoblett
Quote tags fixed (see edit history)

[warpedbored]

It sounds like they issued a NOIR rather than a blue slip since you said they don't believe the relationship is bonafide. If so you have a few options but none of them fast. This could take another year or two. My advice would be to contact a lawyer that is well versed in NOIR and knows how GZ works. If I were in your shoes I would waste no time contacting Marc Ellis. I know of no one better suited for NOIR. marcellislaw@gmail.com good luck.

[dan1984]

I know you know what you're talking about Carl, and if I was in Sparky's position, I'd have read your post and gotten an email out to Marc right away. But just for the sake of clarity, does Marc have a website or something of that nature that you could pass along?

 

It sounds like they issued a NOIR rather than a blue slip since you said they don't believe the relationship is bonafide. If so you have a few options but none of them fast. This could take another year or two. My advice would be to contact a lawyer that is well versed in NOIR and knows how GZ works. If I were in your shoes I would waste no time contacting Marc Ellis. I know of no one better suited for NOIR. marcellislaw@gmail.com good luck.

[dnoblett]

I know you know what you're talking about Carl, and if I was in Sparky's position, I'd have read your post and gotten an email out to Marc right away. But just for the sake of clarity, does Marc have a website or something of that nature that you could pass along?

 

It sounds like they issued a NOIR rather than a blue slip since you said they don't believe the relationship is bonafide. If so you have a few options but none of them fast. This could take another year or two. My advice would be to contact a lawyer that is well versed in NOIR and knows how GZ works. If I were in your shoes I would waste no time contacting Marc Ellis. I know of no one better suited for NOIR. marcellislaw@gmail.com good luck.

 

http://www.marcellislaw.com/

http://candleforlove.com/forums/index.php?/user/2859-ellis-island/

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

[IllinoisDave]

[Well ,,from what i have seen on the slip ,,it said that they not to believe it was a real relationship ,,,I dont know what was asked at the interview ,,i was not there ,sorry to say ,,and yes i done the paper work myself ,,not that i am a wiz on paper work either ,,I am 56 and my fiancee is 53 ,,i went to china ,stayed for 15 days ,,we had a wonderful time there ,,my fiancee is retired and draws her pnsion every month ,,owns her own home in china ,,she has a son who is married and she has successfully put him thru college and started a photogrphy buisness for him ,,all own her own ,,she has been divorced for 20 years ,,the son is married and own his own now ...we have been in constant contact with each other morning and night ,,i phone her twice a day and we chat over the internet twice a day as well ,,her english skills are not well ,,but she is a fast learner and i dont see this a problem between us ,,,i am an owner operator in the trucking buisness and have a contract with fedex custom critical division ,,i am certainly not rich ,,but feel i can provide a comfortable life for my fiancee ,,,a problem that i know may have been that my past income tax return ,,i was working out of my home ,,i restored and done repair on motorcycles ,,and with this a lot of my income was cash ,,and to keep my taxes low as a lot of americans do ,,i guess not all of my income was reported ,,which now comes to bite me in the <<>> ..knowing this i quit this work trained in truck driving school ,,bought my own truck and went to work with fedex ,,i have been driving with fedex since january and have surpassed the amount of income requested of me ,,as i said i am not rich and having to re-apply go to china again certainly will not help my financial situation ,,but if this is what i have to do ,,then i will do it ,,,we are both very much in love and certainly dont want to give up in opur quest to be together ,,another thing ,,as my fiancee's father passed 10 years ago ,,and her mother very elderly ,,under care ,,there were not a lot of pictures of us and family members ,,so most of our picture were of each other and when we could get a stranger to take our picture together ,,i guess i could understand them not believing we are the loving couple ,,but we are !!!!But the way my fiancee talked ,,the officer at the interview took no time in deciding our destiny ,,with no consideration in any of the facts of our case ,,hard to see how someone who knows nothing of the love between two ,can crush all there dreams and hopes in a matter of minutes ,,,all in all though ,,i surely thought i had satisfied all the requirements of me ,,this the first time to ever go thru this ,,,i was not to realize just how difficult it was for someone to come to america ,,with thousands of immigrants intering the usa daily ,,and a lot of those illegally ,,to be granted jobs and health care without question ,,and then for someone trying to do things the right way ,,to be turned down ...well,,it was just heartbreaking to the both of us ,,i admire those of you who have withstood all the mental pressures placed upon you.and to have succeeded in your efforts ,,I am happy for you ,,I hope eventually i can finally be happy too..thanks for all the help of every one on this site ,,you have been most helpful and understanding ,,i hope to continue being a part of this great network ...Thanks Sparky

Sorry to hear that Sparky. The basic facts don't point to any obvious red flags but without knowing what your evidence was it's hard to pinpoint a reason. And it could've boiled down to which VO your fiancee happened to draw that day unfortunately.

 

All is not lost but I won't BS you, the road doesn't get any easier. As Carl and Dan mentioned, you might want to consider forgetting the K-1 and going the CR-1 route. It can get you where you want to be but it won't be as fast and it won't be as cheap. At a minimum you'll need to factor in the cost of another trip to China, the costs of a wedding etc. and the lawyer fees. Not trying to be cold, but that's part of the reality. As Carl said, contact Marc Ellis or someone you trust ASAP so they can start dealing with your case before it gets much further.

 

Whatever decision you make, there are people here to help you with the particulars and give you support. You won't be going it alone.

[david_dawei]

[Well ,,from what i have seen on the slip ,,it said that they not to believe it was a real relationship ,,,I dont know what was asked at the interview ,,i was not there ,sorry to say ,,and yes i done the paper work myself ,,not that i am a wiz on paper work either ,,I am 56 and my fiancee is 53 ,,i went to china ,stayed for 15 days ,,we had a wonderful time there ,,my fiancee is retired and draws her pnsion every month ,,owns her own home in china ,,she has a son who is married and she has successfully put him thru college and started a photogrphy buisness for him ,,all own her own ,,she has been divorced for 20 years ,,the son is married and own his own now ...we have been in constant contact with each other morning and night ,,i phone her twice a day and we chat over the internet twice a day as well ,,her english skills are not well ,,but she is a fast learner and i dont see this a problem between us ,,,i am an owner operator in the trucking buisness and have a contract with fedex custom critical division ,,i am certainly not rich ,,but feel i can provide a comfortable life for my fiancee ,,,a problem that i know may have been that my past income tax return ,,i was working out of my home ,,i restored and done repair on motorcycles ,,and with this a lot of my income was cash ,,and to keep my taxes low as a lot of americans do ,,i guess not all of my income was reported ,,which now comes to bite me in the <<>> ..knowing this i quit this work trained in truck driving school ,,bought my own truck and went to work with fedex ,,i have been driving with fedex since january and have surpassed the amount of income requested of me ,,as i said i am not rich and having to re-apply go to china again certainly will not help my financial situation ,,but if this is what i have to do ,,then i will do it ,,,we are both very much in love and certainly dont want to give up in opur quest to be together ,,another thing ,,as my fiancee's father passed 10 years ago ,,and her mother very elderly ,,under care ,,there were not a lot of pictures of us and family members ,,so most of our picture were of each other and when we could get a stranger to take our picture together ,,i guess i could understand them not believing we are the loving couple ,,but we are !!!!But the way my fiancee talked ,,the officer at the interview took no time in deciding our destiny ,,with no consideration in any of the facts of our case ,,hard to see how someone who knows nothing of the love between two ,can crush all there dreams and hopes in a matter of minutes ,,,all in all though ,,i surely thought i had satisfied all the requirements of me ,,this the first time to ever go thru this ,,,i was not to realize just how difficult it was for someone to come to america ,,with thousands of immigrants intering the usa daily ,,and a lot of those illegally ,,to be granted jobs and health care without question ,,and then for someone trying to do things the right way ,,to be turned down ...well,,it was just heartbreaking to the both of us ,,i admire those of you who have withstood all the mental pressures placed upon you.and to have succeeded in your efforts ,,I am happy for you ,,I hope eventually i can finally be happy too..thanks for all the help of every one on this site ,,you have been most helpful and understanding ,,i hope to continue being a part of this great network ...Thanks Sparky

Sorry to hear this, but I think this kind of denial is the most common type; We've seen it for many years. Not obvious reasons state by GUZ but maybe a few telling issues based on your feedback. No one issue usually settles these decisions but the combination is a picture they seem to not like so much. I would say in order of issue:

1. "i went to china ,stayed for 15 days" - Was this the only trip of your entire relationship? If yes, this is always been a problem for GUZ. Yes, there are exceptions but this is usually not a good way to start a relationship [from GUZ POV]. You did not choose to marry either, so hard to know why.

2. "her english skills are not well" - over the last 2 years I felt like this was surging back as an issue and reason to stop issuance. In combination with other issues, they seem to wonder if the relationship is true.

3. "a problem that i know may have been that my past income tax return" - I tend to think this is less an issue but finances are a big cornerstone to approval. But usually this results in blue.

 

IMO, what they want to see is that your married and spent some years developing the relationship. That means [to me] that marrying and re-filing is at least one option if USCIS does not return the petition to GUZ [as a sign of disagreeing with their decision].

 

good luck and keep us posted.

[Scott@Hong]

Sorry to hear GUZ being stupid again, whatever happens don't give up, you can win the battle in the end and several people on this board have walked the path you are starting on, me being one.

Definitly heed the advice and contact Marc Ellis, he is a master at handling NOIR cases at GUZ and you will find it will be a lot less expensive then other options.

We used him after being denied on K1 visa, and we were successful the 2nd time around at GUZ.

[sparky]

Thanks for all of your help ,,,i have contacted mark ellis ,,and hope we can resolve our problems ,,though i know it will take some time ,,,again i really appreciate this site and the members here ,,it is reassuring that folks like you would take the time to help others in these matters ,,

YOURS TRUELY Ron

[tsap seui]

Thanks for all of your help ,,,i have contacted mark ellis ,,and hope we can resolve our problems ,,though i know it will take some time ,,,again i really appreciate this site and the members here ,,it is reassuring that folks like you would take the time to help others in these matters ,,

YOURS TRUELY Ron

HAng in there man. It will work out successfully.

 

tsap seui

[warpedbored]

You have the right lawyer. Last track I had, Marc and his associate Eunice have a 100% success rate in overcoming white slips.