Reaffirmed I-130 Petition 25 Months Ago........

[concert500]

My wife sent me a copy of the letter she received in GUZ last week. I was expecting it to read something like "Thank you for flying Immigration Airlines...we hope you've enjoyed your flight." But, what I find is the exact same letter they gave us 3/15/2010. It states our realtionship is not bonafide and our case is being sent back to CIS. To spell this out clearly, they have already sent our case back to the CIS twenty-five months ago and it has was "Re-affirmed." This has to be a clerical error.

[BilLing]

may be a 1st. others here will know more. i've had 2 consecutive I-130s in various forms rejected but not the same one. i hope it is clerical.

[concert500]

I couldn't believe my eyes so I went and searched and found the other one that came after Yan's first interview on 3/15/2010.

 

Actually, one is dated 06 AUG 2010 and the other 12 APR 2012... exact same letter.

[Mick]

I am not up to speed on the current process but what I do know is this: if they send that paperwork back to USCIS you are in for another long wait. If at all possible, see if there is some way you can intervene in the process before the case leaves GZ. Folks have suggested Mark Ellis - might be a good time to get him involved. Sounds like whatever the reason they denied the visa the first time reared its head again. Is there any possibility that a third party may have contacted GZ, giving them info (not necessarily true information) that would cause a major red flag? This has happened before...

[dnoblett]

If they pulled the old denial letter and used that to deny again, that's nuts typically if a case it reaffirmed by USCIS, the consulate tends to not be able to use that to deny a second time, they have to find something else.

 

Again as been said before time to lawyer up.

[chilton747]

If they pulled the old denial letter and used that to deny again, that's nuts typically if a case it reaffirmed by USCIS, the consulate tends to not be able to use that to deny a second time, they have to find something else.

 

Again as been said before time to lawyer up.

 

But they can use a different reason but still the same "non-bonified relationship" letter. Denial letters are all the same. And as we know, the reason is a secret so I go with what Mick said and call Marc Ellis ASAP.

[Randy W]

If they pulled the old denial letter and used that to deny again, that's nuts typically if a case it reaffirmed by USCIS, the consulate tends to not be able to use that to deny a second time, they have to find something else.

 

Again as been said before time to lawyer up.

 

But they can use a different reason but still the same "non-bonified relationship" letter. Denial letters are all the same. And as we know, the reason is a secret so I go with what Mick said and call Marc Ellis ASAP.

 

- AND - that business about not using the same reason is overblown - they are REQUIRED by law to deny your petition if they even think your relationship is "non-bonafied".

 

It's a good strategy to listen to when putting your petition together, but not a limitation AT ALL on the consulate - they ALWAYS have a new reason they can use, independent of what was approved by the USCIS.

[david_dawei]

My gut reaction is as Randy suggests; if the same issue exists, it is a ping pong game between USCIS and GUZ: Both sides saying they approve and disapprove of the existing issue. This is one not commonly seen but something is known by the consulate (or her) which is causing this..

[concert500]

I'm lost guys. I never imagined all this heartache. My attorney wrote the following to GUZ... "Thank you for your response. What is mind boggling is that after the first appointment you had issued a request for additional evidence however you did not request anything further after the second interview. You placed the case in administrative proceedings and after almost 7 months denied it without any further comments. I respectfully request that you provide us with specific grounds for your denial so that the case is not further delayed by the petition review. It's all a bad dream. It took eighteen months to get the case back to GUZ and it was heading back to the USCIS in four days flat. Here is GUZ's reponse... Thank you for your inquiry.

The case has been sent out to USCIS via National Visa Center for review and possible revocation. Additional specific information regarding the reasons for this decision can only be acquired during CIS review process. We recommend that further inquiries be directed to the USCIS office, as they will be able to best assist you going forward.

[david_dawei]

What's really strange is that USCIS can just let it expire, and they did that in the past... then there seemed to be a trend that they would do something about the case; and once re-affirmed it was most often resulting in a visa issue by GUZ. There is something lurking here that nobody is sharing on either side of the ocean.

[chilton747]

What's really strange is that USCIS can just let it expire, and they did that in the past... then there seemed to be a trend that they would do something about the case; and once re-affirmed it was most often resulting in a visa issue by GUZ. There is something lurking here that nobody is sharing on either side of the ocean.

 

The cases they let expire were the K1 cases I do believe.

[dnoblett]

What's really strange is that USCIS can just let it expire, and they did that in the past... then there seemed to be a trend that they would do something about the case; and once re-affirmed it was most often resulting in a visa issue by GUZ. There is something lurking here that nobody is sharing on either side of the ocean.

 

The cases they let expire were the K1 cases I do believe.

Correct, due to the I-129F Approval notice having a 4 month validity, is a simple matter of USCIS assuming expired because in most cases the visa interview happens after the petition expired.

[tsap seui]

Your lives get put on hold, then they kick you in the head by witholding any information about your case, as if it were top secret a military project...and they make you wait for many months for any next step.

 

I feel for you concert, and for your wife. If you have never been in this posistion with the State Department it's hard to fathom how it feels. Everyday you wake up "against the wall". Wenyan and I lived this horrible crap for so many years, we both hate to see you and your wife stuck in this mess.

 

I am NOT one of the ones who think that there is something unsaid going on here. I KNOW the State Department is full of speculation and conjecture (in most cases). They can f#ck with anyone at any time, and they don't need there to be any real reason. I have no doubt you both are honest people and the State Department people are simply snipe hunting with your case. They did it to us, and they've done the same thing to many folks who read but never post on Candle. It is disgraceful that the State Department has no oversight on what they are doing in China....they don't follow there own agency's written rules and laws, and mess with people anyway they like, all under the guise of Homeland Security. BULLSHIT!!!

 

Concert, when they reaffirmed your first case did USCIS have you rebut the charges State placed against you guys? Did you ever get wind of what they were after, and said was wrong at the first interview? I never found out what tree they were barking up on us, the USCIS just took 3 days from the time they got our case back, reaffirmed the case and sent it right back to State. There never was anything wrong with our case and I'll bet there is nothing wrong with your's either.

 

They are so arbitrary with their rules...many cases that have red flags get passed, yet along comes the next woman with less serious type red flags and they blue or white slip them...no rhyme or REASON with Guangzhou.

 

Okay, that said you have to deal with the cards you are given. Not everyone gets the little quick easy interview and a visa. You have done a great job so far and you should both be commended for sticking it out through this brutal time, courtesy of hammer heads from your own government. If your wife 'was' a scammer would you or any other rational thinking person think she would stay in the fight with you this long? Guangzhou can't see the truth for the shitpile they sit in.

 

I was very happy to see Guangzou has already sent the case back to USCIS for you...they took 13 months to even send our case back to USCIS and that was after twisting us in the wind on a no questions asked for blue slip.... for 10 months of pure hell, then denying us.

 

You guys keep the faith in your relationship, stay strong no matter what. You have no choice but to let the process run it's course. It hurts like hell right now but you have a good woman and she has a good man, you never let those son of a bitches wear you down. They want you to quit, it would make some jerk-offs day if you did.

 

Please, stay the course and use this time given to you to truly get to know each other and how you act under crises mode. I've often wondered how many who got the simple visa would last it out if they had problems like yourself, hell a few trips and a visa, how well could they possibly know their mate, and especially under crises mode? Take Guangzhou's lemons and make lemonaide. It's hard now, but look at this as an opportunity to truly get to know each other, many don't get that opportunity until late in their relationships...with the next step called divorce.

 

My wife and I are pulling for you guys, we are saddened to see this unjustness happening to you guys. Your wife will get her visa one day, your dreams will come true. If it helps any at all, Wenyan and I now both look at the 4 year and 10 month wait we had to endure as a "gift". We got to know each other....in depth. You guys will make it. This wait will only make your relationship stronger. One day you will be happily together in your home in America and you will look at each other and know that it was all meant to be.

 

tsap seui

[concert500]

Wow. I know every word you say is true. Thank you very much for that. It means a lot tome. If I were thirty and not just reaching fifty I would have already moved to China. But the fear of trying to plug back in to the US workforce from China seems daunting at best to me. NoTsap. we never had to rebut anything. In fact, everyday I would come home ready to write whatever they asked and it never happened. They reaffirmed our case and we waited for what seemed an eternity to get another shot. When they placed it in 'adminstrative processing' last September we figured it can't be all bad and continued having faith. I gotta say we were upbeat about April's call back to GUZ. So one can imagine and probably heard our hearts shatter and crack around the world. I'm going back May 9th so we have that in front of us. I promise you, I already dread the airport scene before my departure to return. It cry to think of it already. Another aspect of the process that I don't care for is they've NEVER spent one single second speaking to ME. And, for my hard earned money spent to go about this the honest way at least they could tell me why for God's sake they're keeping us apart. The world and news are full everyday with people who don't want to be together and look at us. Who are these people and why can they get away with this? Maybe those coming in illegally have been reading my posts. They must give a decent man bad thoughts. Thanks again. I know my employees are ready to see me truley smile again like I did when we first began this process. They tell me all the time, "Lord bless your faithfulness."

[tsap seui]

Wow. I know every word you say is true. Thank you very much for that. It means a lot tome. If I were thirty and not just reaching fifty I would have already moved to China. But the fear of trying to plug back in to the US workforce from China seems daunting at best to me. NoTsap. we never had to rebut anything. In fact, everyday I would come home ready to write whatever they asked and it never happened. They reaffirmed our case and we waited for what seemed an eternity to get another shot. When they placed it in 'adminstrative processing' last September we figured it can't be all bad and continued having faith. I gotta say we were upbeat about April's call back to GUZ. So one can imagine and probably heard our hearts shatter and crack around the world. I'm going back May 9th so we have that in front of us. I promise you, I already dread the airport scene before my departure to return. It cry to think of it already. Another aspect of the process that I don't care for is they've NEVER spent one single second speaking to ME. And, for my hard earned money spent to go about this the honest way at least they could tell me why for God's sake they're keeping us apart. The world and news are full everyday with people who don't want to be together and look at us. Who are these people and why can they get away with this? Maybe those coming in illegally have been reading my posts. They must give a decent man bad thoughts. Thanks again. I know my employees are ready to see me truley smile again like I did when we first began this process. They tell me all the time, "Lord bless your faithfulness."

 

Oh man, it breaks my heart all over again to hear about those goodbyes at the airport when your future is held in the hands of criminals like the State Department doofuses. I'd go over for a month or six weeks and around the 3rd week Wenyan would just break out in tears knowing what was going to happen ...yet again. It got to the point where we decided that any future trips we would say our goodbyes in our home and I'd take a cab to the airport. It was incredibly stressful to say goodbye. That may well be the most hurtful part of the dang waiting, I know how you both feel.

 

Your story touches my heart in many ways, Wenyan's too. We will forever be humble to our freedom from the monsters in the State Department, never will we take it for granted that she and Fengqi got their visas, and it hurts us to see others in your situation.

 

On the other hand, you have to take this time and make it productive. It looks like you and your wife are doing thatMore than a little can be said for looking at this screwed up situation as a gift of sorts. I know it sounds sappy as heck, but you get to see the true character of each other and you are given the opportunity to grow one heckuva strong relationship. Folks in your situation find out what they are really made of and life, and your love for each other takes on a whole new dimension that you would never find otherwise. In my weird way of looking at situations I compared it to us being in a war with the State Departments jackals, it was us in our foxhole against the, possibly if you let it be, overwhelming might and stupid ignorant speculation of the State Department. Oh they were times of tears and hopelessness but one or the other always stepped up and calmed the other down, gave that recharge of hope, found a way ot make the other laugh at the ignorance and wrongful conjecture and speculation of those idiots.

 

I hope the USCIS takes a look at the new charges and reaffirms you yet again...QUICKLY.You folks are good people, you are toeing the line, lets hope that someone in the rats nest in that consulate in godawful Guangzhou comes to their senses and sees you for the bonafide couple that you are. I know the time waiting is hurtful, and not even knowing what the hell they "think" is wrong with you guys but we came to think of T I M E as being our friend in all of this. Everyday we made it through, together and in the fight was proof again of our truly bona fides. What scammer wastes this sort of time? They would have moved on a year or more ago.

 

Good luck to you folks, you are good people placed in a situation where you have been wrongly judged guilty until you prove your innocence, the catch 22 is, they won't let you prove your innocence. Great system those jerks have there....your love and bona fide relationship will see you through this. You WILL get that danged visa. And...you will get an IR-1 visa, the best one of all...no more governmental intervention into your bona fide relationship for a long time.

 

I know you guys will prevail.

 

tsap seui

 

It is awful damn hard to look at the bright side sometimes, but there is always a bright side.