Need some help....

[LENJIA]

One of our friends got this letter in the mail today and we just wanted to get a little input from you guys and find out what you think about this letter:

 

Today, I have received a letter from U.S. Visa Office

>in Guangzhou, In this letter they said:

>

>"We have carefully reviewed your application for an

>immigrant visa based upon your relationship to the

>petitioner .Although we have thoroughly reriewed the

>particular facts of your case and the evidence you

>have provided, you have failed to establish that a

>bona fine relationship exists between you and your

>petitioner. We are therefore returning you petition to

>the U.S. Citizenship and Immigration Services with a

>recommendation that they investigate the circumstances

>of your case. Should you, the petitioner or your

>attorney have any questions concerning your case,

>please contact the investigations unit of the CIS

>office that first approved your petition. Please do

>not contact us, as we will not be able to respond any

>questions regarding the status of your case."

 

 

Thanks for youre help guys....

[turtle]

oh my, this is a new one. What stage of the process were they in?

[LENJIA]

oh my, this is a new one.  What stage of the process were they in?

His wife had gone to Guang Zhou for the interview and had some problems. The main problem was that she could hardly speak English at all. They told her husband to make a video about 10 minutes long and send it back with some more paperwork that they had asked for. He is retired and they also wanted more proof of his income.

He told us that his wife was married and that she had got a divorce. This is what Jennifer and I were thinking. The way that we figured it was that she started talking to him before they got a divorce and found out that she could get a way to the US by getting married to an American. She then got a divorce and about 2 months after she got the divorce, she married our friend that we have been talking to. I think that this was about 80% the reason that they are having this problem now and the other 20% was that she can hardly speak English at all. I think that he just got tied up with the wrong lady and she was thinking that this was an easy way to the US, she also has a daughter that is around 13-15 years old. I hate to think this way, but I think that the Consulate is also thinking this way also.

Jennifer and I talked to him today and he said that she was supposed to go back to the Consulat this Monday, the 22, for her follow up interview. I told him that she might as well go to the interview and see what they will say about this problem that they are having.

He is telling us that he is on the verge of selling everything that he has and moving to China. Jennifer and I think that he will have a problem with this also.

[warpedbored]

I have been following the K- visa process for about 2 1/2 years now and this is the first time I have run into this. It is the closest thing to an out right denial I have ever seen. If the circumstances are as you suggest, divorced her husband to marry an american so she could come here then perhaps an outright denial is warranted. We seldom run across scammers here but we all know there are some out there.

[LENJIA]

I have been following the K- visa process for about 2 1/2 years now and this is the first time I have run into this.  It is the closest thing to an out right denial I have ever seen.  If the circumstances are as you suggest, divorced her husband to marry an american so she could come here then perhaps an outright denial is warranted.  We seldom run across scammers here but we all know there are some out there.

Ok, I just talked to our friend and he told me this:

 

His wife wasnt living with her husband for a total of two years (he or she didnt tell the Consulate this or the USCIS and we didnt know either) she filed for a divorce after our friend started talking to her, got the divorce and got married to him about 2 months after they started talking on the internet. Like I said, he didnt tell the Consulate any of this and neither did his wife so I told him that he needs to tell the Consulate or USCIS this because it should make a differance in there case. The USCIS and the Consulate think that she was with her husband all of the time and that she only got a divorce to come to the states to get a green card, that is what I am thinking about this now. I also asked him if she had any kind of police record, she doesnt, she has been at the same job for about 25 years and never been in any kind of trouble at all.

 

Do you guys think this will make any knid of differance at all? Jennifer and I are tryint to help him and especially me because I know how I would feel if I was put into that kind of situation. Thanks again for youre help guys!

[who]

I do not understand,that unless they have hard proof,how can they play god in these matters,perhaps this is someone that is very lonely and would marry her dead grandpa for someone to share his life with.

This is just not right that one person (VG) that might have had a bad day can do this.

[Jim - Portland, USA]

how can they play god in these matters

Welcome to the Kingdom of GZ. Section 206G 4032.1 5, paragraph III FU subsection (G) 23-842, Article (J)8(d) G-H: Item 22.567 gives them the right to act as God.

[turtle]

I do not understand,that unless they have hard proof,how can they play god in these matters,perhaps this is someone that is very lonely and would marry her dead grandpa for someone to share his life with.

This is just not right that one person (VG) that might have had a bad day can do this.

Yes, I agree. If we take a step back, it really seems wrong to give some government worker the power to decide if a relationship is "real" or not. How many couples in the US get married shortly after divorces, simply out of loneliness or desperation??? Should we have some judge here in the US declaring these marriages invalid because something seems unusual? If our government were serious about determining the validity of relationships, they'd interview the couple together. The way it's set up now makes no sense whatsoever.

[Martytb]

I believe it is not uncommon for Chinese couples to "divorce" without actually making it official. It does not become an actual need until one or the other decides to remarry. Of course this is probably true only when the split is amicable. If there are issues such as child custody then the divorce is more formal.

This has been my observation and opinion only.

[orygreg2]

His wife wasnt living with her husband for a total of two years (he or she didnt tell the Consulate this or the USCIS and we didnt know either) she filed for a divorce after our friend started talking to her, got the divorce and got married to him about 2 months after they started talking on the internet.

Lenjia, maybe this is too obvious to say, but does she have any proof to show GZ where she was living? I would think GZ would need to see some bills/pay records/anything with her new address to document her living apart. Plus, all the other typical kinds of proof -- all phone records, emails, letters, pictures. Letters from his/her friends that could vouch for the relationship.... anything with substance that would convince GZ that a true love relationship exists. Getting married 2 months after talking on Internet probably does increase their burden of proof. Unfortunately, GZ does need to check these things because of the scammers.

[LENJIA]

His wife wasnt living with her husband for a total of two years (he or she didnt tell the Consulate this or the USCIS and we didnt know either) she filed for a divorce after our friend started talking to her, got the divorce and got married to him about 2 months after they started talking on the internet.

Lenjia, maybe this is too obvious to say, but does she have any proof to show GZ where she was living? I would think GZ would need to see some bills/pay records/anything with her new address to document her living apart. Plus, all the other typical kinds of proof -- all phone records, emails, letters, pictures. Letters from his/her friends that could vouch for the relationship.... anything with substance that would convince GZ that a true love relationship exists. Getting married 2 months after talking on Internet probably does increase their burden of proof. Unfortunately, GZ does need to check these things because of the scammers.

WOW, What a great idea. We never thought of that at all! Thanks a lot for helping, I am sure that our friend will be very happy to hear about this!

 

Thanks again!

[oregonknl]

I met a guy on the long flight from the US to Narita, and then on to Bangkok ...

 

Eventually, we ran out of subjects of a casual nature, and he told me about his situation:

 

.. He met a beautiful, relatively young woman in Bangkok, and was swept off his feet ! A good woman, not a bar girl...

 

.. On his second trip, he married her... and of course, proceeded to apply for a visa to bring her, and her daughter to the US ...

 

Unfortunately, she neglected a few details... When they married, she was still married to another man ... but long seperated.... They corrected that: she got a formal divorce, and they re-married in Thailand, offfically --- he hired an immigration attorney, who agressively pressed their case to the Full Measure OF What HE Could AFFORD ~!..... to which the State Department replied in the official version..... "WHAT ARE YOU NUTS ~?!?! OF COURSE SHE CAN NEVER ENTER THE US, AFTER THAT FRAUD ~?!?!

 

Thus the plane trips a couple of times per year to see his wife....

[turtle]

If not a government worker making the decision, whom would you suggest?

 

The question is whether a visa is granted, not whether the marriage can continue.

 

They're married, let them be together. Do a security check if you want to, fine, do a police check, name check, run it through the terrorist database--whatever... But let the poor guy figure out if his gal is cheating him or not. The immigration service has a lot more important things to do than play marriage counselor.

[hypoclear]

I have to think there is more going on here.

 

We have seen the .. can not communicate isue with Carl and Bing... and as Bing does speak english and is improving.. Carl pretty much got it from the horses mouth.. doesn't have to be him speaking Chinese etc..

 

As for the getting divorced and than marrying soon after..

 

Bea was divorced or took the ride to her home town.. with! her husband as it is done just the week or so before I returned on Nov 2nd. They had to wait 30 days and than return.. we all took the bus ride out there.. they signed some papers and it was done. A week or so later on the 12th of Dec Be and I were married. Thhe time between was taken up with medicals at an appointed hospital in her hometown area.. and two trips to the marriage office. Once to apply and the second for our "Two cups of tea!! and the books." wedding oh yeah and some pics the woman took of us.

 

But in our case I stayed on here in China etc etc. So my point is maybe the quick marriage isn't the issue and as others have said.. some times if not most people just seperate... without getting a formal divorce.

 

But certainly a blue slip is in order and .. well what ever evidence you can provide is best... My feeling from what I saw and Bea explained is that the verbal interview carrys not so much weight in that the documents ARE gone over carefully and the questions are just a comfirmation of info they all ready know.

 

Personally I'd take it one step at a time.. ask very specific questions, and be prepared to come to China at some point.. I believe you have 1 year to respond to a blue slip. hmmm but in this case they are threatening to send your case back over seas.. maybe packing a bag is a better choice..

 

Best of luck and ask!!! as politely and forcefully as you can.. you do need to have very clear reasons for this.

 

Mark and Bea

[who]

I do not understand,that unless they have hard proof,how can they play god in these matters,perhaps this is someone that is very lonely and would marry her dead grandpa for someone to share his life with.

This is just not right that one person (VG) that might have had a bad day can do this.

Yes, I agree. If we take a step back, it really seems wrong to give some government worker the power to decide if a relationship is "real" or not. How many couples in the US get married shortly after divorces, simply out of loneliness or desperation??? Should we have some judge here in the US declaring these marriages invalid because something seems unusual? If our government were serious about determining the validity of relationships, they'd interview the couple together. The way it's set up now makes no sense whatsoever.

If not a government worker making the decision, whom would you suggest?

 

The question is whether a visa is granted, not whether the marriage can continue.

AS Aa example when i started in business I tried to get a business loan and when i went into the bank after applying and was turned down,I went to the loan officer and asked why,he said that new companies fail in first 90 days,I sat there and talked and was able to sell myself and before I walked out I had my loan,they in china give you no chance and you cannot even take time to talk to the AMERICANS,THE ONES WE PAY TAXES FOR.