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

[dnoblett]

Good to hear they decided to put it into AP (Blue Slip) rather than NOID (White Slip).

 

More than likely they will instruct your spouse to send them Passport, and Postal info.

 

It is quite rare for them to interview again after AP, just a call in letter asking for passport, so that they can affix visa into it.

[Randy W]

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.

 

 

This is one of the most naive posts I've ever seen - like Dan said, it all depends on whether they've white-slipped her or blue-slipped her.

 

From an earlier post of yours

 

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.

 

A white slip is NOT a round trip - it is an out and out denial. The decision by the consular official is final. The USCIS MAY decide to reaffirm, in which case it would be sent back as a NEW case

 

You now seem to be assuming you have a blue slip. Which is it - white or blue? If blue, you're thinking is close enough for government work. If white, you need to consult a lawyer.

[tsap seui]

Good to hear they decided to put it into AP (Blue Slip) rather than NOID (White Slip).

 

More than likely they will instruct your spouse to send them Passport, and Postal info.

 

It is quite rare for them to interview again after AP, just a call in letter asking for passport, so that they can affix visa into it.

 

I'm with you Dan, glad to hear that apparantly they have taken this case out of a white slip denial and turned it into a blue slip, even letting Palladin rebut something.

 

I've had trouble following everything on this one, but if the consulate has done the rarely heard of deed of changing the lady from a white slip denial to a blue slip....good for her, and Palladin.

 

I hope it works out for you guys.

 

tsap seui

[warpedbored]

AP is Administrative Processing. This is different than an outright denial. Usually it's because they see something that needs more investigation such as another background check. Are you sure she was denied or was she just delayed due to AP?

[Randy W]

We've heard reports of slip colors changing. The meaning of the slip is conveyed by what it says - not necessarily by it's color. Don't let the actual color of the slip confuse the issue.

[Ryan H]

I've been following this on VJ. The paper Palladin's wife was handed after the interview clearly stated the file was going to be sent back. However, something has changed, instead of the file being sent back, it was placed into AP.

[Randy W]

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?

 

What we get here is a VERY flaky picture. Not many people would claim to have BOUGHT their way into a bona fide relationship.

 

It'll just have to run its course - my guess is it's headed back to the USCIS. If he is really as clueless as he seems, Marc Ellis can (hopefully) give him a clear picture of his case. We can't, since we're not getting consistent information.

[Lee VD]

Haven't we seen cases of people recently being able to react quickly and get GUZ to reconsider before sending it back and then granting a 2nd interview? Conjencture: It seems that if someone is savvy enough to properly rebut before it gets back to USCIS gets their attention and avoids the roundtrip processing with USCIS on all that, which for some reason, in some cases they have been interested in avoiding. Why they would do something logical for once is beyond me...

[tsap seui]

Haven't we seen cases of people recently being able to react quickly and get GUZ to reconsider before sending it back and then granting a 2nd interview? Conjencture: It seems that if someone is savvy enough to properly rebut before it gets back to USCIS gets their attention and avoids the roundtrip processing with USCIS on all that, which for some reason, in some cases they have been interested in avoiding. Why they would do something logical for once is beyond me...

They got rid of American citizen hour a while back. I used it in 2007 on our first interview....to no avail. I was up against a stone wall with a very nice VO who lied through his teeth to me. Some folks got lucky and got someone to look at their case and make a change, and yes, recently we have seen the rare person who did just that. Trust me, I tried my hardest to get to the root of the problem the very day after the interview. I came at that VO from 5 different angles and he stone walled me at every turn and lied his way out of the whole situation. Once while he was looking at the computer about our case I saw his face change slightly and he said in a low voice everything is okay with your case....but he wasn't going to help me at all. That is their procedure in Guangzhou...after the interview they aren't supposed to talk to you about your case in anything but very general terms.

 

That some were lucky to talk to a VO with a brain, and a heart....more power to them, but it is NOT standard procedure with the lackeys in Guangzhou.

 

Luckily, anything can happen, and sometimes even does....one should always try their best to fight the DOS when in Guangzhou.

 

I'm a little lost with some of this case but I hope Palladin had his lucky star hat on and his woman gets her visa without the paperwork going to the states first. We lost 4 years of being together because someone wouldn't correct a clear wrong while the case was in Guangzhou, and I'll guarantee you the VO I talked to saw the wrong in his computer as I stood in front of him. That's just life. He and the VO who treated my family like they were pieces of crap on the floor will get their just dues one day. That's just life too.

 

Good luck Palladin.

 

tsap seui

[warpedbored]

I remember in the past it was possible to head it off before it got sent back to the states if you had a lawyer well versed in the workings of GZ. It was my understanding that they quit doing that and once the decision was made at interview it couldn't be stopped. I certainly hope I am mistaken. It would be a good thing for them to review each one higher up before wasting tax payer money and breaking people's hearts by sending it back to the states where it almost always gets reversed and sent back to GZ.

[david_dawei]

It does seem something changed as Carl relates as well as the fact that they tend to send them back now very fast. This may be something they intentional did on both counts to avoid holding them up.

[david_dawei]

For reference to the interview questions at VJ:

http://www.visajourney.com/forums/topic/336853-tragedy-visa-denied/page__st__45

 

A number of issues can be gleaned from wrong answers, past petition, little english, questioning her knowledge of the relationship and their age difference, her answers are not reassuring, and the one that I see again and again: Chinese couples seem to have it harder when combined with such issues. One answer alone is enough for outright denial, IMO... anyone see it?

[Palladin]

Good to hear they decided to put it into AP (Blue Slip) rather than NOID (White Slip).

 

More than likely they will instruct your spouse to send them Passport, and Postal info.

 

It is quite rare for them to interview again after AP, just a call in letter asking for passport, so that they can affix visa into it.

 

I'm with you Dan, glad to hear that apparantly they have taken this case out of a white slip denial and turned it into a blue slip, even letting Palladin rebut something.

 

I've had trouble following everything on this one, but if the consulate has done the rarely heard of deed of changing the lady from a white slip denial to a blue slip....good for her, and Palladin.

 

I hope it works out for you guys.

 

tsap seui

 

I am hoping for the best. The fact of the matter is my wife was handed a white note indicating 221(g) and that they are sending the files back to USCIS, after a less than 10 minutes interview. The white slip according to all that's been told here, must be an "out and out denial".

 

I was able to get some explanation documents in and even get the IV acknowleded that my documents were passed over to the interviewing officer (or maybe they mean the officer doing Administrative Review). From that point on the response I got from IV are more and more positive. They assured me repeatedly they are not sending the files back to USCIS while its undergoing AP; They assured that my wife will be notified once the AP is finished and the case is continued (I guess "case continued" means continued action at the Consulate, not sending back to USCIS, because sending back to USCIS would mean "case suspended" not case continued).

 

I hope it really means that they have a change of heart and moved the case from white slip to blue slip. I know it is rare for that to happen but given what I got I don't see why not, as long as they even bothered to look at what I tried to convoy to them:

 

1. The interview simply went completely wrong, with communication break down that even the VO was not aware. Even perfect correct answer by my wife could be construed to be wrong by the VO, due to a few weird reasons and due to use of an interpreter who may not translate things 100% precisely. (100% precise translation is impossible anyway)

 

2. Document hand in the prior day also went wrong. My wife was the last one and she was rushed. Critical files were not taken, and by all odd the VO did not have much chance to review the case files before start of interview.

 

3. Strong evidences to directly debunk the non-bona fide relationship finding. Specifically excertion from our long internet chat logs where my wife showed a hesitation to move to the USA, and I was the one persuading her everything will be OK and she will like the life in the USA. At a point I emailed the entire log of 1000+ pages and I am not sure if they get it. But it demonstrate the point that the logs are original, not faked. I have no reason to fake it myself.

 

4. Of course explanations from my point of view. I have pretty income and looked for nothing but true love, and would not be marrying something who is interested in green card only. And all the artifacts and gifts I bought to show my love, and stuff like that. I tried to think from their aspect what could be construed as red flags, and explain them away one by one.

 

From all indications maybe indeed I am achiving the almost impossible that they have switched the case from white denial to now the equivalence of a blue slip. I am not letting my guard down this time. Until my wife gets her visa and actually comes over, the fight is not over yet. But I want to reassure the Consulate they are not my enemy and I want them to be working on my side. The real enemy are the sham marriages that made legitimate visa application that much harder. I give the Consulate the benefit of doubts that they must have granted more wrong visas than the ones they wrongly denied, when it comes to marriage based immigration visas.

[Palladin]

Haven't we seen cases of people recently being able to react quickly and get GUZ to reconsider before sending it back and then granting a 2nd interview? Conjencture: It seems that if someone is savvy enough to properly rebut before it gets back to USCIS gets their attention and avoids the roundtrip processing with USCIS on all that, which for some reason, in some cases they have been interested in avoiding. Why they would do something logical for once is beyond me...

Trust me, I tried my hardest to get to the root of the problem the very day after the interview. I came at that VO from 5 different angles and he stone walled me at every turn and lied his way out of the whole situation. Once while he was looking at the computer about our case I saw his face change slightly and he said in a low voice everything is okay with your case....but he wasn't going to help me at all. That is their procedure in Guangzhou...after the interview they aren't supposed to talk to you about your case in anything but very general terms.

 

tsap seui

 

Sorry for what you had to endure, Tsap Seui.

 

Do you still remember on what 5 different angles did you try to attack the problem when meeting up with the VO?

 

Maybe you attacked at the wrong angle. My understanding is by procedure regulation they are not at liberty to reverse a VO's decision as long as the VO seem to acted reasonable given what was available during interview. They can not take additional information even though additional documentations would have helped to debunk the decision.

 

So I figured the angle you needed to attack is something may not went correctly during the interview, that had things gone more normal the outcome could have been different, even given the same information which was available during interview. If you attack that and they agree with you then there is a chance the decision can be reversed, as regulations allow that. But you also have to be careful not to accuse the VO of any wrong doing. The benefit of doubt is the VO acted reasonably and is not at fault. If you accuse the VO of wrong doing they would not even listen to you, as they presume you just acted emotionally without any ground to stand.

 

Fortunately I find plenty of things that truly went wrong during interview. Things that I do not need to blame the VO for, nor do I need to blame my wife. Little things that few even realize but really made a huge difference in the outcome of the interview. I think my arguments convinced they to have a second look at the case. I hope so.

[Beachey]

<br />For reference to the interview questions at VJ:<br /><a href='http://www.visajourney.com/forums/topic/336853-tragedy-visa-denied/page__st__45' class='bbc_url' title='External link' rel='nofollow external'>http://www.visajourn...ed/page__st__45</a><br /><br />A number of issues can be gleaned from wrong answers, past petition, little english, questioning her knowledge of the relationship and their age difference, her answers are not reassuring, and the one that I see again and again: Chinese couples seem to have it harder when combined with such issues.   One answer alone is enough for outright denial, IMO... anyone see it?<br />

<br /><br /><br />

 

I think what you are referring to is the fact he never returned after they were married. It appears Palladin has the financial resources to fly over multiple times so if this is a bonafide relationship, why would't have he come multiple times? There is a lot of discussion about whether it is worth it to fly over for the interview, this appears to be one case where it may have made a difference.

 

And I agree with you that Chinese couples have a higher barrier than a Non-Chinese/Chinese couple. I think in the case of a Non-Chinese spouse, the consulate is only worried that there appears to be enough of a relationship/interaction that the Non-Chinese can make/has made an informed marriage choice. I don't think there is a presumption of alternative motives that a Chinese individual or couple has.

 

For a Chinese couple, there is the potential for all types of alternative motives or family/business/friendship ties (essentiallly ¹Øϵ or guanxi) where the marriage is primarily for the immigration benefit.