non-bona fide relation,cause and effect

[Zeng]

I was one, whose significant other was given a non-bona fide relation on the first pass, I did everything possible, rant and raved, wrote Congressmen, asked for FOIA, sent in the rebuttal to the service office ,went to the Consulate in Guangzhou, did everything shy of spitting BB's maybe I did that also and did not realize it, though finally the visa was granted (K1). That was me being subjective. After talking with an attorney he wanted to know what the denial was about I explained the veil of secrecy the Consulate has as for a non bona fide ruling, which made him think as attorneys do, that something was said at the interview that may have trigged the non bona fide decision. Quite possible seeing it from the Attorneys point of view if the Consulate would stop with the cloak and dagger and explain their reasoning for the decision to the petitioner, they could make a more objective rather than subjective choice in pursuing the visa request.

[tsap seui]

Good to hear she got her visa.

 

Yes, everything is some top military secret hidden behind their cute "did not show a bona fide relationship" crap.

 

Enjoy America, happy trails.

 

tsap seui

[Zeng]

Good to hear she got her visa.

 

Yes, everything is some top military secret hidden behind their cute "did not show a bona fide relationship" crap.

 

Enjoy America, happy trails.

 

tsap seui

Thanxs for the reply, though I feel it goes somewhat more complex than, just their denial without an explanation. My feeling is who are they working for

the people who they supposedly serve or the Government who the people serve, unfortunatley it seems to be the later, sharing the information which led to the decision would be the govenment working for the people (the petitioner ) helping in their effort to making an inform decision, about the petitioners request for a visa.

[dnoblett]

Sharing the information may also work against the process and allow more non-bonafide relationships to figure out how to slip through. It's a two edged sward.

[Zeng]

Sharing the information may also work against the process and allow more non-bonafide relationships to figure out how to slip through. It's a two edged sward.

The problem with this answer is this, the approval of a visa petition is prima facie evidence of the relationship between the petitioner and the beneficiary, as we know the Consulate is not to re-adjudicate petitions, unless they obtain sufficent facts that is known or reason to believe the beneficiary is not entitled to the visa. Other than the Consualte acting not in the scope ot their authority by issuing a nonbona fide denial that has no merit. They should pass the reason along to the petitioner, not the techniques used to garner the information, but their reason they have concluded the relation to be non-bona fide.

[Randy W]

 

Sharing the information may also work against the process and allow more non-bonafide relationships to figure out how to slip through. It's a two edged sward.

The problem with this answer is this, the approval of a visa petition is prima facie evidence of the relationship between the petitioner and the beneficiary, as we know the Consulate is not to re-adjudicate petitions, unless they obtain sufficent facts that is known or reason to believe the beneficiary is not entitled to the visa. Other than the Consualte acting not in the scope ot their authority by issuing a nonbona fide denial that has no merit. They should pass the reason along to the petitioner, not the techniques used to garner the information, but their reason they have concluded the relation to be non-bona fide.

 

I hate to disagree with you, and, in fact, I don't. But the realities are a little different.

 

In America, as long as you can claim to be married, you pretty much are. At the consulates, that is not the case, unfortunately. The visa officer, by law, is required to make a judgement about the validity of your relationship.

 

What I like to point out about the consulate "re-adjudicating" petitions is that they ALWAYS have additional information that was not available at the time of petition approval.

 

So the reality is that if the visa officer gets a wild hair up his a** that your relationship MAY not be genuine, he is REQUIRED BY LAW to deny the visa.

 

It's up to you to provide enough appropriate evidence to give an accurate picture of your relationship.

 

Knowing the reasons for a denial would be nice, but simply appealing a decision, or re-filing at a later date is often enough to prove an actual bona-fide relationship, even in the consulate's eyes. Having a lawyer review your entire application for any red flags is also a good idea.