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Sharing this with all my CDL friends


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Dear friends..I am hot as a rail over the VHS video requirement that has popped up for many in Guangzhou. I have addressed this concern to my Congressman in Texas (Henry Bonilla). I thought this would be the most constructive way to handle my anger...hopefully it will inspire a few more folks to follow suit with their reps. I am reproducing the core of my letter here..

 

" The official fiance visa petition list of requirenments make no mention of petitioners having to produce videotape proof of the petitioner/beneficiary having a conversation as a means of proving a bona-fide relationship exists. I worry because requests for such videos have become frequent at the American Consulate in Guangzhou.

 

Had I been told of this "requirement", I would have produced such documentation during my trip to Guangzhou in October 2003. My documentation is meticulous and inarguably complete as per BCIS guidelines. I have signed all "agreements"

provided all OPENLY requested "evidence" and met all "requirements".

 

...what must an honest, hard working, tax paying American Citizen do to be treated fairly by government? It is unfair to back a practice that is nothing more than an afterthought (an obstacle), created at the whim of a few officials. "

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I agree it's a silly rule.  What if 1/2 of the couple is deaf or dumb?  They can't get a visa because they can't have a fluent conversation?  This should have nothing to do with proving the relationship.

It isn't really a rule. They don't often have couples do a video tape and speaking in a common tongue is not required. I believe their logic is 'how can a valid relationship exist without communication.' The real rub is that communication is not defined--is it fluent conversation? Grunts and hand gestures?? Well, anyway very few have to provide a tape. I only know of one from CFL--maybe more. My wife speaks very little English and her interview was a breeze--visa granted.

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People I talked to in GZ and from my own observation think it is becoming more common. I don't know if it is because of the new batch of VOs there or what. I think the vast majority aren't asked for it but it is something you need to be prepared to provide. My own unsubstantiated theory is perhaps they think many wont come back thus weeding out those without a strong enough commitment.

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I am not sure of the benefits of a "preventative letter". It will get minimal consideration unless you can put in specifics on why it applies to you, or to Texans in general.

 

I.E. Carl was inappropriately asked to produce a video about language skills... etc.... And then go onto your concerns about the change in policies. Again, it might be a stretch to jump to the conclusion that his experience applies to your case.

 

International travel is expensive, yet I am planning my third trip to see Irina.

 

Going to visit your "Love" is perhaps the best thing you can do to ensure a successful interview.

 

----- Clifford -----

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As always....

 

...more information is needed about the story. As much as I hate the "video rule," sometimes I understand the concern. What was the evidence provided at the time of the interview? Did your loved one speak English or Chinese when interviewed. Annoying but important questions.....

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I hate to bring this up, but I do think there is this continuing influence (Chinese Exclusionary Act 1882) -- an undercurrent-- and preception in America about China, that makes it more difficult.

 

Hate to say it, but I think its racial, and I'm not sure that a Congressman, particularly one from Texs, is going to want to buck that trend, at least not publicy...

 

Certainly when I was talking with the legislative aid in Sen. Smith's (R-OR) office, who worked several years for Smith immigration reform, he admitted that there is a deep undercurrent of racism in general, that makes it hard to reform immigration law.

 

As an example: Can anyone at the Candle even imagine this happening: "She's Swedish, and speaks almost no English so her fiance visa was denied..."

 

come on.....

 

--Kim

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There's another issue about the videotape thing which I don't like.

 

Technically ... the "blue slip" thing says that the video tape must be of the couple speaking Chinese! It says nothing about anyone speaking English.

 

I know that we have all come to realize/assume that the "videotape requirement" means providing a videotape which shows the couple communicating, as in, "making the relationship work". That is our interpretation of the rule.

 

But technically ... that rule specifically and literally asks for a tape of both people speaking Chinese together for five minutes.

 

What a bunch of bull!!

 

So not only is the requirement a bunch of bull, but even the way it's written is a bunch of bull.

 

Alex - I think the letter is a good idea, but you should also point out that the rule asks for the American person to speak fluent Chinese.

 

Where else is this *MINOR* detail mentioned? No where, it's crap!

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Actually it's a pink slip which is the part that explains the denial from the blue slip where it says see attached.

 

"Please have the petitioner prepare a video tape (VHS format) that shows the petitoner speaking Chinese. (in the dialect in which you and the petioner communicate) for five (5) minutes without stops or editing. The video tape must also show the petitioner writing the above statement in Chinese characters. The petitioners face and hands must be visible at all times."

 

It is obviously a document that if enforced to the letter is designed to set up the petitioner to fail. Even among those of us who can converse in Chinese very few can read and write. It needs to be changed to say "show how you communicate" which is the bottom line and what they really want anyway. Bings english while not great is adequate for us to communicate. Any of you who have met her know this. She traveled to GZ with 4 other women from Nanning for interview. Of the five she speaks English the best. She was the only one denied. I have her here now so they would have to shoot me to take her away but I am still very angry about how she was treated by our consulate. Count me in on any letters or petitions or what ever to have this issue addressed. You are right Kim it wouldn't happen if she were Swedish.

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There seem to be two acceptable means of making the video tape:

 

Man wants to stay in USA --> MUST SPEAK & Write Chinese

 

Man goes to China --> Either speak Chinese, or show alternative communication method with the two people together.

 

However, the "second method" is not well stated anywhere. In theory, the visa could still be denied even with the couple together in China showing "communication"

 

:) What about the fiancee/wife only speaking Spanish :redblob:

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I hate to bring this up, but I do think there is this continuing influence (Chinese Exclusionary Act 1882)  -- an undercurrent-- and preception in America about China, that makes it more difficult.  

 

Hate to say it, but I think its racial, and I'm not sure that a Congressman, particularly one from Texs, is going to want to buck that trend, at least not publicy...  

 

Certainly when I was talking with the legislative aid in Sen. Smith's (R-OR) office, who worked several years for Smith immigration reform, he admitted that there is a deep undercurrent of racism in general, that makes it hard to reform immigration law.  

 

As an example:  Can anyone at the Candle even imagine this happening:  "She's Swedish, and speaks almost no English so her fiance visa was denied..."

 

come on.....

 

--Kim

Kim, the difference is there is very little visa fraud from Swedish citizens. I'm not aware (correct me if I am wrong) about Swedish citizens mortgaging their homes for 5 years or more of their annual salaries just to get their offspring into the US illegally. Can an illegal Swedish citizen make enough more in the US than their home country to pay off such a debt and still be able to afford living here?

 

Apples and oranges don't mix.

I agree with Don. I don't think it has all that much to do with race. After all, it's just as hard for Russians to come here too, and they are just as "white" as any American. In fact ... aren't most Russians (living in Russia proper) Caucasian?? Didn't the word 'Caucasian" originate from Russia? Yet even though they are more Caucasian than many Americans are, they still have a hard time coming to America too. So I don't think race plays much of a factor, if at all. The USBCISINSDOH people look at socio-economic histories when deciding visa policies. And the fact that Chinese citizens just happen to be Chinese is just a coincidence. Uhm ... did what I just say make sense?? ;) :D

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So I don't think race plays much of a factor, if at all.  The USBCISINSDOH people look at socio-economic histories when deciding visa policies.

Like I have said in other threads there is only one thing that makes our govenment move- $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ <--did I spell that correctly?

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Then why is it so easy for Mexicans to immigrate?  I agree it's not race so much as politics.

Just a wild guess Carl, but could it be that Mexicans have relatives in the US that can vote and we have a Republican President who, for the first time ever, is getting some of the minority votes?

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