CR1 Visa Denied - No Second Chance - What To Do?

[Palladin]

Unfortunately my wife's CR1 visa was denied at her interview Nov. 2nd. The VO does not even give her a second chance to supply document or anything. It looks like they are going to directly send the files back to USCIS.

I was totally surprised by such an outcome, and totally devastated.

What do I do. How could I ask them to stay the case in the Consulate and give it a second look? Any help is appreciated.

http://www.gztv.com/vod/v23443.shtml

I can't believe it happened to us.

[Randy W]

They may not be able to provide immediate (as in today) assistance, but try these:

 

 

Immigration Visa Assistance - Roger Lin, Visas China Immigration Service, offices in Nanning and Shanghai

 

 

Immigration Attorney - Marc Ellis

Edited November 3, 2011 by Randy W (see edit history)

[dnoblett]

Question, Was this a follow up after a denied K1? If so what was done about the prior denial?

 

Also what exactly was the reason for denial?

 

As Randy said get assistance, Marc Ellis is who you want, he has assistant in Guangzhou, and has a good track record.

[dnoblett]

Looking back at prior posts I am confused. CR-1 or K-1??

 

Did you have a K-1 in process, and abandoned it, was it denied, or you were contemplating a K-1 but changed plans and got married, to do a CR-1?

 

Post from past JAN,

 

Sorry to hear your story, tsap seui. I was reading your long post and was hoping to read a happy ending by the last paragraph. It was so depressing to learn that after 4 years of separation you still have not got your case sorted out get your loved one to live with you in the USA.

 

How many 4 years does one have to live? What can we do something about this?

 

I am in the initial stage of K-1 visa processing and I surely do not hope the same thing happen to me and my loved one.

 

Also, I liked the link you posted above about the Carriage ride through Guangzhou, though it sounded like the local police did not.

[Palladin]

Let me clarify. I did file a K-1 in Dec., 2010. But then we decided to get marryed and filed a CR1 petition and canceled the K-1 half way before it was even approved.

 

Just can't believe they just straight deny my wife without giving her the benefit of doubts and give her a second chance!!!

 

I have six figure income. I am not interested in a sham marriage. My wife is loves me, not a green card, she is actually very reluctant to come to America.

 

I bought her expensive gifts to show my love. On the interview day she wears the Omega Watch I bought her as a Valentine Gift. The poor VO probably never bought a gift 1/10 as expensive for his wife or girlfriend. And he thought there was no bona fide relationship?

[Scott@Hong]

Welcome to a rather large club, those that have been denied by Ghaungzhou. I am a card carrying member, but what you need to do is quickly get past the anger this causes, contact Marc Ellis (He was HUGE help to me and my wife) and move forward.

[credzba]

Unfortunately my wife's CR1 visa was denied at her interview Nov. 2nd. The VO does not even give her a second chance to supply document or anything. It looks like they are going to directly send the files back to USCIS.

 

I was totally surprised by such an outcome, and totally devastated.

 

What do I do. How could I ask them to stay the case in the Consulate and give it a second look? Any help is appreciated.

 

http://www.gztv.com/vod/v23443.shtml

 

I can't believe it happened to us.

 

The immigration attorneys others recommend is excellent advice.

You did not say why she received the denial.

 

Did she get a blue(needs more information) or white slip (notice of intent to deny)?

 

Perhaps in other posts you explained more clearly?

 

 

 

[tsap seui]

Buddy, I am very sorry to hear this news. It is one of the major hurts a couple can go through...and on top of it all the bastards will not give you a reason why, nor will they talk to you. They play your wifes denial up as some important top secret military information that they are protecting with their very lives as your knowledge of her denial may bring down the United States.

 

It's stupid beyond belief and it sucks....unfortunately that is the game we are given to play.

 

You can choose to use a lawyer. If so Marc Ellis would be the man. I talked to Marc a few times by e-mail and I read his articles on immigration. He knows the jokers in Guangzhou as well as they can be known in their little secretive world. With Marc you will pay a nominal fee for him to interveiw you, and for a Chinese co-worker to interview your wife....Eunice, who used to post here will most likely be the person to interview your wife. Eunice is very clever and smart and she knows the game Guangzhou plays.

 

They will interview you guys and come up with what they figure the problem is, then, after you hire him, Marc will guide you through the steps you need to take.

 

I'll be right upfront, the first step is to wait. You have to wait until your case is sent back to the USCIS center that your case was filed with.

 

Marc can NOT eliminate or shorten the wait. You, can send e-mails to Guangzhou through their form e-mail system where you put in her and your information like case number etc. and you can ask them questions like "Have you sent this case back to the USCIS." They never answered me when I asked that very simple question (more than 75 times) but it's all you really have.

 

Once the case reaches your USCIS center they will send you a letter telling you they have recieved your case and will review it. You will most likely get a letter from the NVC telling you they have your case file and are forwarding it to the USCIS, as Guangzhou sends your case back up the loop to NVC who sends it to the USCIS.

 

Next step will be a letter from USCIS. They can either reaffirm your case will no more info asked from you, OR, they will actually explain what the State Department says the charges againt you guys are. In this case they will give you 30 or 60 days to rebutt the charges against you. After they recieve your rebuttal they will review it and tell you they have either reaffirmed and sent the case back to Guangzhou or that they are standing behind the case the State Department has against you.

 

Lots of cases get reaffirmed from petitioners rebuttals. Basically Guangzhou is often only speculating and conjecturing a case against you and your rebuttal answers any questions the USCIS has.

 

Know that USCIS trumps the speculators in Guangzhou. USCIS's FINAL word is the LAW, not Guangzhou's.

 

Marc Ellis can help you with what to say in your all important rebuttal. He also gives you peace of mind that someone in the know is helping you.

 

In our case I did not use Marc. The USCIS got our case and in three days reaffirmed it without asking for a rebuttal. Marc said he had never seen that happen before and that it proved to him that the State Department's flimsy case against us had no legal leg to stand upon.

 

This is all a game of luck and chance. Yes, you have to meet the minimums and have your i's dotted and t's crossed but in the end it boils down to L U C K. Those who would be gods in Guangzhou can deny anyone they want to and their reason is usually based upon speculation and conjecture. You don't have to have anything wrong with your case to be denied, neither one of you needs to have something wrong from your end to be denied. It's all about your luck of the draw on interview day. Many, MANY get the visa who had much worse of a case than others who get denied. Girl friends and wives don't get visas because their other half was smart. My wife didn't get her visa because I was smart....there never was anything wrong with our case from the get go, we were simply lucky on the second attempt.

 

Hang in there man, she WILL get her visa. Talk to any lawyers you want to but you have to wait for that case to get back to the USCIS. Lawyers and congressional liasons can't do anything to help you find out the problem, nor can they make Guangzhou send your case to the states any sooner than you can. Spend your efforts on trying to get Guangzhou to send your case back to America and the USCIS. I'll lay good money on you getting this crap from the Guano in Guangzhou overturned by the USCIS and sent back to the State Department in the consulate.

 

I would give anything to tell you something to do to not have to wait but there is nothing and I would be a liar if I told you there was. This is all an evil game some of have to unwillingly become a part of but you can and will prevail. I feel your pain and anger now, just know that your wife WILL get her visa and you will get past this insidious game of luck in Guangzhou.

 

The USCIS can be your best friend....but they have to get the case back in their hands. Also, it has been said that once the USCIS reaffirms your case and sends it back to the consulate that the consulate can't deny you again on their previous charges as once the USCIS says you are cleared of those charges then the State Department has to look for other reasons to deny you. This is so often just a stupid game played by visa officers and their boss in the State Department consulate who couldn't even lead a Cub Scout Pack in real life.

 

Good luck buddy, hang in there, life will get better. May your case quickly get sent back to the USCIS.

 

tsap seui

[david_dawei]

Almost the entire story is told over in 001... we're just not getting here the interview issues that arose.

 

http://usa.bbs.net/bbs/01/951028.html

[Palladin]

After scrutinizing exactly what my wife answered terrible wrong, or if there was something she coudl not answer.

 

NOTHING.

 

She answered everything question. Even the two trip date that I thought she got wrong, they were not wrong after all. Her answer were just not precise. The only thing they suspect is that we meet only twice, and I have not returned for another trip since marriage. But they would have given us a blue sheet to explain it.

 

They just give strait white note denial.

 

It said 221(g) and non-bina fide relationship, and says it's going through Administrative Processing and then send back to USCIS for review, and a possible revocation.

 

I am hoping to get them reversed and not send back to USCIS, and give us another chance of interview.

[david_dawei]

I don't recall now from the 001 exchange if there was mention of which VO she had? Was it the middle eastern female? If you got this VO, then your case was pre-selected for scrutiny... so the denial based on the interview itself is not really the case. And if so, you can read my two posts about our recent experience with that VO; we were clearly flagged for denial but after 30 minutes of questions by her, my wife convinced her with very precise detail... for some VOs, precision is the name of the game.

 

I appreciate your candor and ability to review your own case; we often say that the petitioner is often the least most objective person to understand why they were denied because there is too much emotional attachment to the situation.

 

I have a few other thoughts besides if you got the VO I mentioned above. There is an age difference which alone is not always an issue but in 'totality' may be. Also, your ethically chinese? I find this is at times more difficult. I think few agree with me here but I have seen it too many times to look the other way.

 

My opinion, based on knowing very little and not being there is that your wife was not prepared, caught off guard, and didn't answer directly in a way that convinced the VO. At the end of my wife's interview, she was told point blank: "You proved your case"... You have to ask yourself; Did you wife completely PROVE it without any doubts? Sorry to be so blunt but that is what some VOs will require, however inequitable that seems.

 

I remember many years ago when someone suggested that GUZ has a 'denial quota'. I think such an idea is far-fetched but on the other hand, I know that GUZ denial rate is relative high world-wide... So there are obvious factors which play into a specific consulate.

 

Another thing that people do not quite understand is the idea of 'bona-fide relationship'. Most people think it means if your relationship is true or not; whether the love is true or not. This is NOT the issue, IMO. IMO, they are only judging the REASON for entry. Two people can be in love but the reason for applying for an IV may not be what the consulate agrees with. I am sure most will disagree with me on this but one has to remove the "love" factor and look at WHY an IV was applied for. IMO, that is what the consulates ultimately are charged with, BUT (a very big BUT), we have humans deciding this and if their morning coffee was not good enough then who knows how their day as a VO will unfold...

 

Sorry for your outcome so far... It seems in the past one could "hold" the case at GUZ before it was returned to USCIS but I see now (and others can correct me) that they send it back fast; I suspect on purpose.

 

I hope you'll keep us updated. Don't take anything I said personally. This is a forum for people to understand the process and so I will take the time to comment as I see, based on more than five years here. I am not always correct but neither is GUZ.

[Palladin]

I guess I am gradually winning the battle. First they say no new document and no status until our case file is send back to USCIS. Then they assured me several times that the files are going torough Administrative Processing, which will be quite a while and before that is finished they will not send the files back to USCIS. Then they say they get my email but would not accept my emailed document. And the last email, they say they get the document I emailed them, and the reviewing officer will ber eading the document. It looks likely my wife will get a second interview. Hopefully she prepare this one well and it will be a happy ending. Miracle does happen.

[david_dawei]

Sounds good. I have heard that any white slip action needs to be reviewed by the GUZ head. It may be that they did not really agree with issuing a white or gave other advice for what to do. In any case, let's hope it is something which changes the VOs mind.

[warpedbored]

If I were in your shoes I would waste no time contacting Marc and Eunice. If there is any chance of keeping the case in GZ for review they will know what to do. It's been a while since I've had an update but last track I had Marc and Eunice have a 100% success rate since they teamed up.

[Palladin]

GUZ IV response to my most recent email inquiry (using the web email) repeatly says that our case is undergoing Administrative Processing and that I can be "rest assured" my wife will be contacted by mail what to do next once this processing is done.

 

There won't be any contact from the Consulate at the end of AP, if they are to send the case back to USCIS, right? In such a case you would be hearing from the USCIS directly. So the fact that they tell me "rest assured" my wife will be informed of the next action and "the case is continued" at the end of AP, is a positive thing. I think the keywords "case continued" means the case is proceeded to next interview, or visa issuance at the Consulate. If the files are sent back to USCIS, the case is not continued until it made a round trip back from the USCIS with a reaffirmation.

 

In any case, since I have submitted rebuttal documents, and the GUZ IV acknowledged having received my rebuttal documents and are reviewing them. It would mean that should they send the case back to USCIS for review they would have to send my rebuttal document together with it, and they also have to put in writting they they could over-ride my rebuttal and persuade USCIS for a possible case revocation. If they can't do it there is no point for them to send the files back to USCIS only to be re-affirmed outright.

 

I hope to win this fight soon. I don't see why not. GUZ IV is NOT trying to fight me off as an enemy at this point. Email responses have turned from being negative (as: we don't want to hear from you and won't provide any info) to now being positive and reassuring (as: rest assured your wife will hear from us once we finish the AP) so far.