Help! Advise on red flags-marraige visa

[sean_here]

Hi all,

 

First thanks for those whose constantly been active and helping others out. I really think you guys are awsome and had help many in this long battle to happies. Anyway, this is my second post that I am asking for advise/opinion. My last post was in Nov 2010, when I decided to go forward with my current wife (girlfriend at that time) and basically was really lost at that time. For those of you who like to see what i post before you find it below link or you can just read the summary outline after the link. Again, really appreciate for any feedback that you may have. This mgiht be a little, but I really need of your advise. Thanks!

 

old post:

http://candleforlove.com/forums/index.php?/topic/42528-help-guys-planning-on-fianceemarraige-visa/page__pid__564504&do=findComment&comment=564504

 

 

Summary

 

1. First marriage:

 

I had a K1 in 2005 processed for my first or ex-wife who's from Fujian China. We got married in 2006. Our divorced was finallized in July 2010. Ex-wife current still live in US with the 10 Year permanent resident card issed. Long story short, this marriage was more of a family arrange and at that time I was still in college. Never the less I was too young to understand what love and relationship really mean. Basically we had a hard time understanding each other and was raelly have hard time living togehter.

 

 

2. Current Marriage:

I met my wife in August 2010, 2 months after divorced was finalized, she was introduced to me by my cousin. She is also from Fujian. We clicked since our first video chat. We were talking everyday (skype, qq, phone ect..) for the next 6 months before we were engaged. Below is our time line since our first date via internet.

 

Aug 2010- Started chatting via internet and phone almost every single day.

Jan 2011- Decided to meet in person. Arrived during Chinese New Year and was engaged 7 days later.

July 2011- Took 3 weeks vacation to be with her. We also traveled to Shanghai, I was meeting some headhunter in China.

Sep 2011- Took another 10 days working virtually in China to be with her

Nov 2011- Took Thanks giving week (11 days) off to work remotely in China to be with her

Jan 2012- Took another 10 days working virtually in China to be with her, this time my parent came with me and was preparing the wedding for us.

Feb 2012- Took 2 months off in China, we got married on Feb 25th. She is currently pregnant as of April 2012.

 

After my initial post and a talked with attorneys, I understand that this will be a long and hard battle. Thus, I decided to switch my career in Jan 2011 and joined a global consulting firm in hoping that I can move to China to live with her. However after I joined, I realzed that the company requires 1 year period before I can apply for the transfer. I joined the in firm in Feb 2011 and currently just submitted the transfer.

 

3. Finally, my questions are the folowing. Is continue to wait on the china work tranfer still my best options? I am starting to think about filling marriage visa again due to my wife's pregnancy. Again, my biggest concern both my previous and current wife are from Fujian, as I learned this is the Nigeria of China. We have no other red flags (income, age, language), beside the Fujian part and the fact that this will be my second petition, but I know these are enough to get us turned down. But regardless, I really love my wife and even if that mean giving up everything that I have here to move back to China. However, I still wants to know there is any hope for filling the marriage based application. Also is it true that once you get denied the first interview, you will more trouble during the next or the 2nd interview?

 

Again, thanks for any advise and sorry for the long post.

[dnoblett]

Some red flag topics...

 

http://www.ilw.com/articles/2006,0323-ellis.shtm

 

If you really want advice on how to proceed and prepare your petition contact Marc Ellis, the writer of the above linked article.

 

http://www.marcellislaw.com/

 

Do this BEFORE filing a petition, you may just head off any denials before they happen.

 

Study the interview results forum..

 

Here is an example of a second time denial.

 

http://candleforlove.com/forums/index.php?/topic/43059-white-paper-for-the-2nd-time

[credzba]

Hi all,

 

First thanks for those whose constantly been active and helping others out. I really think you guys are awsome and had help many in this long battle to happies. Anyway, this is my second post that I am asking for advise/opinion. My last post was in Nov 2010, when I decided to go forward with my current wife (girlfriend at that time) and basically was really lost at that time. For those of you who like to see what i post before you find it below link or you can just read the summary outline after the link. Again, really appreciate for any feedback that you may have. This mgiht be a little, but I really need of your advise. Thanks!

 

old post:

http://candleforlove...504#entry564504

 

 

Summary

 

1. First marriage:

 

I had a K1 in 2005 processed for my first or ex-wife who's from Fujian China. We got married in 2006. Our divorced was finallized in July 2010. Ex-wife current still live in US with the 10 Year permanent resident card issed. Long story short, this marriage was more of a family arrange and at that time I was still in college. Never the less I was too young to understand what love and relationship really mean. Basically we had a hard time understanding each other and was raelly have hard time living togehter.

 

 

2. Current Marriage:

I met my wife in August 2010, 2 months after divorced was finalized, she was introduced to me by my cousin. She is also from Fujian. We clicked since our first video chat. We were talking everyday (skype, qq, phone ect..) for the next 6 months before we were engaged. Below is our time line since our first date via internet.

 

Aug 2010- Started chatting via internet and phone almost every single day.

Jan 2011- Decided to meet in person. Arrived during Chinese New Year and was engaged 7 days later.

July 2011- Took 3 weeks vacation to be with her. We also traveled to Shanghai, I was meeting some headhunter in China.

Sep 2011- Took another 10 days working virtually in China to be with her

Nov 2011- Took Thanks giving week (11 days) off to work remotely in China to be with her

Jan 2012- Took another 10 days working virtually in China to be with her, this time my parent came with me and was preparing the wedding for us.

Feb 2012- Took 2 months off in China, we got married on Feb 25th. She is currently pregnant as of April 2012.

 

After my initial post and a talked with attorneys, I understand that this will be a long and hard battle. Thus, I decided to switch my career in Jan 2011 and joined a global consulting firm in hoping that I can move to China to live with her. However after I joined, I realzed that the company requires 1 year period before I can apply for the transfer. I joined the in firm in Feb 2011 and currently just submitted the transfer.

 

3. Finally, my questions are the folowing. Is continue to wait on the china work tranfer still my best options? I am starting to think about filling marriage visa again due to my wife's pregnancy. Again, my biggest concern both my previous and current wife are from Fujian, as I learned this is the Nigeria of China. We have no other red flags (income, age, language), beside the Fujian part and the fact that this will be my second petition, but I know these are enough to get us turned down. But regardless, I really love my wife and even if that mean giving up everything that I have here to move back to China. However, I still wants to know there is any hope for filling the marriage based application. Also is it true that once you get denied the first interview, you will more trouble during the next or the 2nd interview?

 

Again, thanks for any advise and sorry for the long post.

 

I don't know the history, but I dont see why your so concerned.

The issue is to prove a bonafide marriage, and it seems you have that with wife and child.

Certainly you shouldn't ride on that, but with a reasonable complete application it looks to me like you should have no issues.

[sean_here]

credcba,

 

Thanks for your reply. My biggest concern is the Fuzhou or Fujian province part. As I have heard way too many stories about peopel getting rejected from this area. I have emailed and left voicemail to Marc Ellis, currently waiting for his reply. I can still wait on the process with company internal transfer to oversea if it only comes to that option and then file a DCF during next year. However I still want to explore the option of filing from the US first. Will wait till see what Marc will suggest. Again, thanks!

[david_dawei]

I'll be as restraint as possible; it may not appear that way after reading but believe me I am.... but this is my opinion.

 

You could not of picked a worse second marriage for a few reasons:

1. Both in Fujian

2. Both as family arranged

3. Deciding to be engaged on first face to face. The wait to marry many trips later may not really matter (I found that out the hard way).

4. You have chinese ethic background

 

The combination of the above, IMO, is sometimes beyond repair. With that being said (as my opinion) there is always those who breeze through with a pocket of red flags (just as some are denied with not a single problem).

 

The only positive factor in your case is the child but it may not be viewed be viewed that way by some VOs.

 

My advise would hinge on two issues:

1. How strongly she expects/wants to get out of china and into the US? This reveals her motivates/agenda/future plans.

2. How likely are you to get a China assignment after a year?

 

Here is my gut feeling based on what I read and what I would personally do, but it would change based on the issues above. I am going to assume she has no determined need to get out of china and you can get an assignment in china. If she is too determined to get out of china then you may be facing more agenda than you realize.

 

MY personal plan:

1. Keep the job. Wait for the assignment. Your job security is global.

2. She has the baby in china with full support and help as she would expect. In the US, she would not get this.

3. File after a few years in china to go back to the US... or whenever you want.

 

I think this would get an approval without all the stress of pregnant, waiting, denied or not, together or not. It is a definite plan of action for the long haul.

 

Again, JMO.

[smokiessky]

Some red flag topics...

 

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

 

If you really want advice on how to proceed and prepare your petition contact Marc Ellis, the writer of the above linked article.

 

http://www.marcellislaw.com/

 

Do this BEFORE filing a petition, you may just head off any denials before they happen.

 

Study the interview results forum..

 

Here is an example of a second time denial.

 

http://candleforlove...or-the-2nd-time

Posted 23 March 2011 - 01:04 AM

I have a friend that just got white paper for the 2nd time today. He went to the interview in China only for the 2nd interview. First time was for a K1 visa results white paper.

after that He got married and filed for a K-3. He went to China for the 2nd interview and she got a White paper and was told the pictures they took were fake. I know they were not i was there for his first trip to meet his girl. I told him to go to this website for advise but he will not shy i guess only comes here to read the post. What does he do now. Why do i come here for him. He got a white paper the first interview so i found this website and got to overkill mode and got a pink paper because of his white paper . I thank everyone that help us again

Any advise for my friend would be great he is it China now. I got the news only a few minutes ago

 

 

I tried many times to get him to post his story about this. Well there is hope after a 2nd white paper he got Senator Lamar Alexander to contact Guangzhou and he got a interview with UCIS in Guangzhou the next day and they told him they need a wavor paper and after about 4 months the visia was approved. The wavor paper was needed since his wive had something on her police record. I will try some more to get him to post the details. I am sure it could help others.

[sean_here]

david_dawei

 

I agree with the concerns that you mentioned and thanks for your suggestions. However picking who you choose to love isnt as always something you can fully control over. My wife and I both are not in hurry to do this, like I said the worse senarios would be to move to china first or migrate outside of the us permanently. When I decided her last year, I already prepare for the worse. I certainly hope she can come join me in the US. However life isnt always that perfect, at least for me. I rather have her then anything else and even if it means to give up my status here in the US. Anyway, thanks all for reading.

[david_dawei]

david_dawei

 

I agree with the concerns that you mentioned and thanks for your suggestions. However picking who you choose to love isnt as always something you can fully control over. My wife and I both are not in hurry to do this, like I said the worse senarios would be to move to china first or migrate outside of the us permanently. When I decided her last year, I already prepare for the worse. I certainly hope she can come join me in the US. However life isnt always that perfect, at least for me. I rather have her then anything else and even if it means to give up my status here in the US. Anyway, thanks all for reading

Not sure I quite understand the point of 'picking who you choose to love'... your cousin introduced you. Of course anyone can fall in love with another person whether they meet on the street or in arrangement... but the latter is a death wish for a visa; Love or not.

 

My idea was not to lose anything. If you want to pursue a risk scenario where you lose many things and then are seeking live outside the US, with a child to boot... I think you not really thinking too clearly... but love is blind after all. Good Luck.

[Eric]

Again, my biggest concern both my previous and current wife are from Fujian, as I learned this is the Nigeria of China.

 

My biggest concern is the Fuzhou or Fujian province part. As I have heard way too many stories about peopel getting rejected from this area.

 

IMHO, Fujian = automatic red flag is mostly an urban legend that has been blown way out of proportion via the internet. Like you, I too had read many horror stories about Fujian province causing problems with obtaining a visa whenever I first started to research the visa process for my wife (who is also from Fujian).

 

So I attended ACH before my wife's visa interview and asked a VO about this and he then asked me the following - does your wife (then fiancée) speak English (yes) & what city is she from (Xiamen). His response after hearing my answers was - 'You should be fine'. He then went on to tell me that being from Fujian province doesn't cause any more scrutiny than being from any other province however he did reveal that there are certain 'watch' areas within Fujian that could cause more scrutiny if certain other factors also existed. But he also said that there were these 'watch' areas in all the other provinces as well, not just Fujian. He wouldn't tell me what the 'watch' areas were other than to say that Xiamen was not one of them. My experiences since then, has backed this up in that my wife's K-1 visa was approved after a short 2-3 minute interview and that my wife's parents and several cousins who are all from Fujian have since successfully received tourist visas to the US after very short interviews.

 

My two cents is that the fact that both your ex-wife and your current fiancée were introduced to you by family members and that they are from the same area (no matter what province that may be) in China will be the biggest red flag & obstacle for you to overcome. These two things coupled with the fact that you met your fiancée shortly after your divorce was finalized and then got engaged on your first trip to visit her could cause a VO to be highly suspicious and conclude that the relationship is not bona-fide . I am not saying that such a conclusion would be the right one but just pointing out the possibility.

[dnoblett]

Again, my biggest concern both my previous and current wife are from Fujian, as I learned this is the Nigeria of China.

 

My biggest concern is the Fuzhou or Fujian province part. As I have heard way too many stories about peopel getting rejected from this area.

 

IMHO, Fujian = automatic red flag is mostly an urban legend that has been blown way out of proportion via the internet. Like you, I too had read many horror stories about Fujian province causing problems with obtaining a visa whenever I first started to research the visa process for my wife (who is also from Fujian).

 

So I attended ACH before my wife's visa interview and asked a VO about this and he then asked me the following - does your wife (then fiancée) speak English (yes) & what city is she from (Xiamen). His response after hearing my answers was - 'You should be fine'. He then went on to tell me that being from Fujian province doesn't cause any more scrutiny than being from any other province however he did reveal that there are certain 'watch' areas within Fujian that could cause more scrutiny if certain other factors also existed. But he also said that there were these 'watch' areas in all the other provinces as well, not just Fujian. He wouldn't tell me what the 'watch' areas were other than to say that Xiamen was not one of them. My experiences since then, has backed this up in that my wife's K-1 visa was approved after a short 2-3 minute interview and that my wife's parents and several cousins who are all from Fujian have since successfully received tourist visas to the US after very short interviews.

 

My two cents is that the fact that both your ex-wife and your current fiancée were introduced to you by family members and that they are from the same area (no matter what province that may be) in China will be the biggest red flag & obstacle for you to overcome. These two things coupled with the fact that you met your fiancée shortly after your divorce was finalized and then got engaged on your first trip to visit her could cause a VO to be highly suspicious and conclude that the relationship is not bona-fide . I am not saying that such a conclusion would be the right one but just pointing out the possibility.

No longer an option, ACH has been discontinued for a couple years now.

 

http://guangzhou.usembassy-china.org.cn/petitioner-hour-for-u.s.-citizens-to-discontinue.html

[Eric]

No longer an option, ACH has been discontinued for a couple years now.

 

http://guangzhou.use...iscontinue.html

 

Yep - I attended ACH back in 2009. Too bad they discontinued it, I found it to be very useful not just for the Fujian question that I had but also because they were able to fix a problem with my birth date being entered into their system incorrectly - the VO that I encountered was very professional & helpful.

[dnoblett]

No longer an option, ACH has been discontinued for a couple years now.

 

http://guangzhou.use...iscontinue.html

 

Yep - I attended ACH back in 2009. Too bad they discontinued it, I found it to be very useful not just for the Fujian question that I had but also because they were able to fix a problem with my birth date being entered into their system incorrectly - the VO that I encountered was very professional & helpful.

 

Same here, back in 2007 I visited consulate expressing concerns about med center being closed the week before interview, and having only the day before interview to do medical, also my wife messed up the papers with correction fluid, the VO was kind enough to give me an entire P4 packet, they also answered the question if can do just the English forms, and discard the Chinese version, "Yes". Lastly the VO noted my being in Guangzhou.

[david_dawei]

Fujian was the first 'watch area' due to historical and political reasons... and it remains as a top one. I know Liaoning/Shenyang is another. I would suspect Nanjing is another. The frequency from an area means something other than just population.