visa denied

[warpedbored]

hmmm I dont see anything there about me speaking chinese or bing speaking english

[hypoclear]

yes you are right Cliff. I didn't read those papers closely til late this afternoon and ..hmmmmm pretty strange that a printed form already had this on it. I also wonder what year it was last up-dated, maybe they didn't have VCD's or DVD's back than?

Or translaters..

 

I think we can all understand the reasoning behind this but my feeling is that out side of China and the people who were born in China there are darn few people who speak in let alone write chinese! geeez my wife told me it can take 6 years for a child born here to learn how to write, and most ABC's only speak chinese and few learn to write it.

 

I think the issue is to communicate and When I was in college at RIT we had the national institue for the deaf there. The student's at that college were in the same classes and none of us knew sign language, but we managed to communicate.

 

So we will see.

 

Mark and Bea

 

P.S. it is also very sad after all this time for them the gov is still dictating their future. I know I could think of many things that 2K could buy besides a spur of the moment forced trip.

 

It could make a hell of a nice leasurely cross country trip by train or car, a second hand car, etc..

[jkobman]

Be sure you get a lot of sleep on the way from SFO to Tokyo and then on to HK. You'll need it. Eat well and drink enough water.

 

YOU GO CARL! SAFE TRIP AND PROFITABLE JOURNEY! GOD BLESS AND KEEP YOU!

 

Jeff

[Guest blsqueaky]

Carl, I am so saddened to hear the news here. I know that you and Bing will overcome this new hurdle. Please keep me informed.

[chinadave2001]

Carl,

I was very sad to see the difficulty you are having. I wish you all the best in getting it resolved as quickly as possible. Good Luck,

CD

[keelec]

hmmm I dont see anything there about me speaking chinese or bing speaking english

Nope,

 

I bet it would be a stretch anywhere outside of GZ to find anything about speaking Chinese (although, perhaps you would find something issued about common languages).

 

(g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law,

 

(2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law:

 

Ok, what is all of the "Or any other sections of the law:"....

Pretty general. I assume that they can refer it back to the "Family" sections of the law. And, thus, the interviewer states that you don't have adequate evidence to support a "Fiancee" visa, and thus in his/her belief the visa should be denied.

 

Sections 212 are the medical, morality, and terrorist sections of the law. It is quite lengthy and doesn't apply in your case.

 

101 DEFINITIONS

SEC. 101. [8 U.S.C. 1101] (a) As used in this Act-

(K) an alien who is the fiancee or fiancé of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission, and the minor children of such fiancee or fiancé accompanying him or following to join him;

 

 

Yep, ever wonder why the visas are termed "K Visas"? I bet it has to do with that section K in the definitiions.

 

CHAPTER 1-SELECTION SYSTEM

201 WORLDWIDE LEVEL OF IMMIGRATION

SEC. 201. [8 U.S.C. 1151]

 

(a) IN GENERAL.-Exclusive of aliens described in subsection (b ), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to-

 

(1) family-sponsored immigrants described in section 203(a) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(a)) in a number not to exceed in any fiscal year the number specified in subsection ( c ) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;

 

[...]

(b ) ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.-Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:

 

(2)(A)(i) IMMEDIATE RELATIVES.-For purposes of this subsection, the term ``immediate relatives'' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within 2 years after such date and only until the date the spouse remarries.

 

202 NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE

SEC. 202. [8 U.S.C. 1152]

(a) PER COUNTRY LEVEL.-

 

(1) NONDISCRIMINATION.-(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b )(2)(A)(i), and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

http://www.theodora.com/ina_96_title_2.html

[keelec]

yes you are right Cliff. I didn't read those papers closely til late this afternoon and ..hmmmmm pretty strange that a printed form already had this on it. I also wonder what year it was last up-dated, maybe they didn't have VCD's or DVD's back than?

Or translaters..

Yes,

 

Mark, probably by the requirements of VHS alone, one could date the form to being at least a decade old.

The Blue form says "Rev 4 - 91" I wonder if that means 1991.

The pink form doesn't have a rev date, but that would make sense that it hasn't been particularly updated for the last decade.

 

In fact, there has been extensive revisions to the immigration act in 1996 to deal with terrorism, and perhaps again very recently. The blue form has a blank for 212 (where the terrorist stuff is buried), but is very general about it.

 

I would think it is time for the Consul General and the Ambassidor to sit down and modernize their forms..... Ummmm maybe not, it could be scary what they come up with.

 

But, electronic communication has changed significantly in the last decade. The Chinese Embassy needs to start recognising that.

 

----- Clifford -----

[hypoclear]

Cliff;

I think you have it there and my money is on that also....The Blue form says "Rev 4 - 91" I wonder if that means 1991.... I would think so.

 

So Carl should have Bing bring the VCD along with the VHS, and as for the speaking chinese part, yeah right. I would focus in on the communication issue and be very plain about it.

 

Mark and Bea

[keelec]

Ok....

 

It says "Writing"..... Couldn't this be interpreted loosly.... Typing pinyan??? What about just typing it in English and having the computer translate it???? Join the 21st Century!!!!

 

Oh, and speaking..... It doesn't deny the use of electronic devices to assist in the language. Type the phrase in.... Have the computer translate it (text and verbally).... Repeat it.... Type another phrase in.... Have the computer translate it, say it, then repeate it....

[olemanoman1950]

These are the only words of communication needed between a Couple in Love ( to start any way)

 

Wo Ai Ni Carl

(hope I said that right) if not I apologize...

Wo Ai Ni Bing

 

It makes the World Go Around.

[warpedbored]

Thats about the extent of my Chinese vocabulary too. I have often teased Bing by saying all the English she needs to know is "I love you" and "yes dear" She always says "no say yes dear!"

[se_lang]

These are the only words of communication needed between a Couple in Love ( to start any way)

 

Wo Ai Ni Carl

                                      (hope I said that right) if not I apologize...

Wo Ai Ni Bing

 

     

It makes the World Go Around.

Hmmmmmmmmmm my MM always says Da Bai Chi, I don't think it means the same

[warpedbored]

According to bablefish when I use the funtion that turns pin yin into Chinese characters da bai chi means big hundred eats

[natrigon]

According to bablefish when I use the funtion that turns pin yin into Chinese characters da bai chi means big hundred eats

babelfish works pretty good but I think the sentence structure also has something to do with the transalation. I tend to start with english then translate to simplified chinese and finally back to english again. If it still makes some sense I then use the chinese part for my email.

 

Sonetimes it still makes little or no sense. But by now she can get the drift. Luckily I am just learning to speak Chinese. Later I may study reading and writing.

 

Louis

[frank1538]

These are the only words of communication needed between a Couple in Love ( to start any way)

 

Wo Ai Ni Carl

                                     (hope I said that right) if not I apologize...

Wo Ai Ni Bing

 

     

It makes the World Go Around.

Hmmmmmmmmmm my MM always says Da Bai Chi, I don't think it means the same

Are you sure she's not saying dui bu qi (I'm sorry)?