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[dnoblett]

I am speaking with my future wife now. What do we do if cr-1 gets disapproved? She has been looking on 001.com website that is in Chinese, she thinks that if it is turned down we can just reapply again for CR-1. Is this correct? I just booked a flight to meet her in Shanghai at the end of November. I will spend 2 weeks with her there. I think that I will do the paper work and bring it and we will talk about it there. Then maybe I will go back in March with my son for a week or so. I think this will be the best way. Does that sound good?

No reapply would need to deal with the denial, usually getting a lawyer involved.

 

Recent denial to look at: http://candleforlove.com/forums/index.php?/topic/44093-cr1-visa-denied-no-second-chance-what-to-do/

 

Again, do some thorough study, and handle any glaring issues up front when filing the petition, this is called front-loading.

 

An article by Marc Ellis immigrations attorney: http://www.ilw.com/articles/2006,0323-ellis.shtm Talks about providing USCIS with red flag info up front.

[credzba]

I am speaking with my future wife now. What do we do if cr-1 gets disapproved? She has been looking on 001.com website that is in Chinese, she thinks that if it is turned down we can just reapply again for CR-1. Is this correct? I just booked a flight to meet her in Shanghai at the end of November. I will spend 2 weeks with her there. I think that I will do the paper work and bring it and we will talk about it there. Then maybe I will go back in March with my son for a week or so. I think this will be the best way. Does that sound good?

 

I'll start by saying I am a strong supporter of the CR-1 visa, nothing wrong with k1, just my opinion is the CR-1 is better for many reasons.

 

That said, if the CR-1 is declined, you have to wait until it is returned to USA, then address any issues they believe are wrong (if any), and then it will be sent back to China, and your spouse interviews again.

The standard "Not a bonafide relationship" cannot hold water in the USA, and will be returned to China unless they can prove your trying to get around the visa law. If they really did deny you, you get an actual visa court date, and can get representation in the USA to defend yourself.

If your denied by the court, .. well I'd think you were crazy, but yes you could apply again. I think at that point it would be silly though, because your have a court precedent saying your are trying to avoid visa laws.

 

The K1 can be allowed to expire, that means they can just sit on your k1 application, and do nothing. The problem then is you have no information to move forward with. The CR/1 they have to either outright deny it (in the USA) or approve it and return it to China for another interview. (honestly not 100% sure about k1 .. so take that with a grain of salt).

 

The other thing I like about the CR/1 is it is easier to prove relationship. Until your married you can't file joint tax returns, you can't own property together, you can't do MOST of the thing the visa officer would like to see.

When your married, you can enter-twine your lives such that no one can argue non-bonafide relationship. If you hurry you can have a baby, and its pretty difficult to say non-bonafide to a woman with the mans baby in her arms !

 

By the time of our interview, we had filed a joint tax return, bought a house together in USA, we bought an apartment together in China, she was on my health and life insurance policies. (No baby )

none of that could have been done with a k1 visa.

[chilton747]

IMO since your future mother-in-law is already in the USA, I would hire Marc Ellis to help you out.

[dnoblett]

IMO since your future mother-in-law is already in the USA, I would hire Marc Ellis to help you out.

Excellent! In most cases with low red-flag issues, I tend to go with the DIY approach, in my case that is what we did, however, in this case the mother in the states can be seen as a big red-flag, and in this case a competent lawyer IS a strong recommendation.

 

Yep, Marc Ellis is one of the very best ones that I know of, and I have seen some nightmares of incompetent lawyers too.

 

Marc Ellis: http://www.marcellislaw.com/

[chilton747]

 

 

and I have seen some nightmares of incompetent lawyers too.

 

 

Absolutely! I got taken from one as well.

[jesser30]

IMO since your future mother-in-law is already in the USA, I would hire Marc Ellis to help you out.

Excellent! In most cases with low red-flag issues, I tend to go with the DIY approach, in my case that is what we did, however, in this case the mother in the states can be seen as a big red-flag, and in this case a competent lawyer IS a strong recommendation.

 

Yep, Marc Ellis is one of the very best ones that I know of, and I have seen some nightmares of incompetent lawyers too.

 

Marc Ellis: http://www.marcellislaw.com/

 

 

Thank you for all the good info. Very Helpful. So it would be best to contact him up front, correct? See what he has to say about our situation and then go from there? Again, thanks to everyone for the help

[chilton747]

IMO since your future mother-in-law is already in the USA, I would hire Marc Ellis to help you out.

Excellent! In most cases with low red-flag issues, I tend to go with the DIY approach, in my case that is what we did, however, in this case the mother in the states can be seen as a big red-flag, and in this case a competent lawyer IS a strong recommendation.

 

Yep, Marc Ellis is one of the very best ones that I know of, and I have seen some nightmares of incompetent lawyers too.

 

Marc Ellis: http://www.marcellislaw.com/

 

 

Thank you for all the good info. Very Helpful. So it would be best to contact him up front, correct? See what he has to say about our situation and then go from there? Again, thanks to everyone for the help

 

Correct.

[Randy W]

IMO since your future mother-in-law is already in the USA, I would hire Marc Ellis to help you out.

Excellent! In most cases with low red-flag issues, I tend to go with the DIY approach, in my case that is what we did, however, in this case the mother in the states can be seen as a big red-flag, and in this case a competent lawyer IS a strong recommendation.

 

Yep, Marc Ellis is one of the very best ones that I know of, and I have seen some nightmares of incompetent lawyers too.

 

Marc Ellis: http://www.marcellislaw.com/

 

 

Thank you for all the good info. Very Helpful. So it would be best to contact him up front, correct? See what he has to say about our situation and then go from there? Again, thanks to everyone for the help

 

Yes - the benefit he provides is NOT so much as a lawyer, but as someone who is most familiar with the workings of the whole visa process. He works with many denials, and knows how best to deal with the issues. If you contact him NOW, you may very well save yourself a couple of years.

Edited November 13, 2011 by Randy W (see edit history)

[credzba]

IMO since your future mother-in-law is already in the USA, I would hire Marc Ellis to help you out.

Excellent! In most cases with low red-flag issues, I tend to go with the DIY approach, in my case that is what we did, however, in this case the mother in the states can be seen as a big red-flag, and in this case a competent lawyer IS a strong recommendation.

 

Yep, Marc Ellis is one of the very best ones that I know of, and I have seen some nightmares of incompetent lawyers too.

 

Marc Ellis: http://www.marcellislaw.com/

 

I understand, and agree with hire Marc up front .. but I have a question.

How would USCIS know the mother in law is in America. I have forgotten, does it ask for parents address?

[chilton747]

IMO since your future mother-in-law is already in the USA, I would hire Marc Ellis to help you out.

Excellent! In most cases with low red-flag issues, I tend to go with the DIY approach, in my case that is what we did, however, in this case the mother in the states can be seen as a big red-flag, and in this case a competent lawyer IS a strong recommendation.

 

Yep, Marc Ellis is one of the very best ones that I know of, and I have seen some nightmares of incompetent lawyers too.

 

Marc Ellis: http://www.marcellislaw.com/

 

I understand, and agree with hire Marc up front .. but I have a question.

How would USCIS know the mother in law is in America. I have forgotten, does it ask for parents address?

 

The G-325A has a place for parent's current address. Besides, you know big brother knows all.

[jesser30]

haha, that is a good point. I think we will of course be honest in what we say. But maybe try and not draw attention to the fact unless they ask. I will see what Marc has to say as well. Thank you everyone for the input. So great to have the insights of everyone.

[dnoblett]

haha, that is a good point. I think we will of course be honest in what we say. But maybe try and not draw attention to the fact unless they ask. I will see what Marc has to say as well. Thank you everyone for the input. So great to have the insights of everyone.

 

Actually this is Marc's advice.

 

 

Petitioner resides with family members of the beneficiary in the US;

Petitioner is employed by or has a business relationship with a relative of beneficiary;

 

I¡¯ve only addressed the petitioner¡¯s side of the relationship. There are other red flags that can afflict the beneficiary. But the point to remember is that consulates are not supposed to deny family-IV applications for reasons that were generally available to DHS at the time of approval, so tell DHS in advance of any potential red flags when you file the petition. That doesn¡¯t guarantee consular officers won¡¯t find other reasons unknown to DHS, but at least you will have served your client well by disarming the obvious landmines in his or her path. And you will make the consular officers work by forcing them to examine each and every fact asserted in the petition to see if DHS had knowledge of the information used to justify the recommendation for revocation.

 

Recommendations

 

 

 

A. Lawyers

 

1. As I noted earlier, lawyers must inform DHS in advance, of any potential red flags which may arise at the consulate interview. That means we must conduct more thorough interviews of our I-130 and K-1 clients.

 

 

http://www.ilw.com/a...0323-ellis.shtm

 

Noted having a relationship with a relative living in the states, was touched on in his article.

[jesser30]

haha, that is a good point. I think we will of course be honest in what we say. But maybe try and not draw attention to the fact unless they ask. I will see what Marc has to say as well. Thank you everyone for the input. So great to have the insights of everyone.

 

Actually this is Marc's advice.

 

 

Petitioner resides with family members of the beneficiary in the US;

Petitioner is employed by or has a business relationship with a relative of beneficiary;

 

I¡¯ve only addressed the petitioner¡¯s side of the relationship. There are other red flags that can afflict the beneficiary. But the point to remember is that consulates are not supposed to deny family-IV applications for reasons that were generally available to DHS at the time of approval, so tell DHS in advance of any potential red flags when you file the petition. That doesn¡¯t guarantee consular officers won¡¯t find other reasons unknown to DHS, but at least you will have served your client well by disarming the obvious landmines in his or her path. And you will make the consular officers work by forcing them to examine each and every fact asserted in the petition to see if DHS had knowledge of the information used to justify the recommendation for revocation.

 

Recommendations

 

 

 

A. Lawyers

 

1. As I noted earlier, lawyers must inform DHS in advance, of any potential red flags which may arise at the consulate interview. That means we must conduct more thorough interviews of our I-130 and K-1 clients.

 

 

http://www.ilw.com/a...0323-ellis.shtm

 

Noted having a relationship with a relative living in the states, was touched on in his article.

 

Thank you very much for the info. There is certainly a great group of people here. I am so glad that I found this site. Thank you again