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Dreams that are Dashed


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Talked with MikeXiao today and the he told me all of his hopes and dreams were put on Hold Today. The one Blue Slip no one wants to ever see was given to his Xiao. Basically a Processing Review. They didnt say they were sending it back to the USA though only that the consulate would contact them when to come back. He said he went to the American Citizen Hour to question it and he was told that if he doesnt hear from them in 5-6 months to E-mail them. I am feeling real bad for them now. he was there to give support to C4racer and me and he met Mark and Shuping. I had wanted to stay and support them as they had supported My SO and I but our plans were pretty much set. I have talked with him a couple of times since this had happened and he is really down and I don't really blame him, I can imagine how hard it is for him to tell his SO and Daughter that they can not come back with him. To see two people so much in Love, holding hands every where they went, just makes you wonder what they saw in the paperwork that threw up the flag. I don't know all the details of the interview yet but he'll be in town soon and I'll get together with him.. I hope they made a mistake and call him back to the consulate Monday or Tuesday.

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Basically a Processing Review.

What a pain. Sorry to hear about this turn in events. Maybe a "processing reveiw" is just that - a review of the GZ process rather than a questioning of the bona fides of the relationship. Maybe king or someone else can shed some light on this.

 

Best of luck to Mike and Xiao.

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some questions:

 

i have no idea what the legal rights of a US citizen in a foreign country has in his own consulate. maybe someone with more legal background can answer these:

 

- in these cases, isn't there any sort of local appeal that can happen before everything is sent back to the US?

 

- you would think if the US Petitioner is present, and all the documents are present, that it would be simpler and cost less to review it on the spot.

 

- can they get their senator's involved? before everything is sent back?

 

- as a US citizen at the consulate, can he refuse to leave until he speaks to someone higher up and gets a reasonable answer?

 

- the consulate is US Soil and refugees from other countries can seek sanctuary at an embassy, can't a US citizen seek some kind of protection at his own consulate?

 

- i thought i read someone that there was an appeal process that is available, before someone else just decides to send everything back to the US?

 

- not even knowing the reason for the denial seems wrong to me. they are in effect saying, your request for the visa for your fiancee has been denied, but we won't tell you why, we won't tell you how to resolve it, and you will have to wait months (6 months) before you can get any answers.

 

my suggestion, is to go to the consulate, and not leave until you have an answer.

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some questions:

 

i have no idea what the legal rights of a US citizen in a foreign country has in his own consulate. maybe someone with more legal background can answer these:

 

- in these cases, isn't there any sort of local appeal that can happen before everything is sent back to the US?

 

- you would think if the US Petitioner is present, and all the documents are present, that it would be simpler and cost less to review it on the spot.

 

- can they get their senator's involved? before everything is sent back?

 

- as a US citizen at the consulate, can he refuse to leave until he speaks to someone higher up and gets a reasonable answer?

 

- the consulate is US Soil and refugees from other countries can seek sanctuary at  an embassy, can't a US citizen seek some kind of protection at his own consulate?

 

- i thought i read someone that there was an appeal process that is available, before someone else just decides to send everything back to the US?

 

- not even knowing the reason for the denial seems wrong to me. they are in effect saying, your request for the visa for your fiancee has been denied, but we won't tell you why, we won't tell you how to resolve it, and you will have to wait months (6 months) before you can get any answers.

 

my suggestion, is to go to the consulate, and not leave until you have an answer.

I vaguely remember a case like this about 2 years ago where the petitioner did just that. Don may remember the details better than I but the end result was a visa.

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Exactly why our letter is so important. We can either stand by and do nothing or open our mouths and voice our opinions that the system is corrupt.

 

This is another reason why I didn't agree with shortening the letter. Timelines may be important, but transparency should be our main priority. There is no reason why they should be left in the dark... with their hopes dashed until the DOS feels like getting back to them in five or six months.

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It is inexcusable and unprofessional to place a petitioner's application on hold without reason open to the petitioner. Having met Mike and Xiao, my heart goes out to both of them. You can see the way they look at each other and interact with each other they definately have a valid relationship. I wish I had more time to help. Unfortunately my time is up real soon and we must get a few things done in Nanning before we leave. I would say, go to the embassy and demand an answer from someone higher up in the food chain. So let's get this letter rolling now !!!!

 

Our hearts go out to Mike and Xiao

 

Mike and Lisa

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Sometime a processing reviews, as far as I know, is related to the career background checking of the beneficiary. I remember cases of some girls got the additional processing reviews after they have the white slip, they have to wait 1 month minimum for the careeer background checking. Usually they work for some special fields, related to high tech/bio science/robot industrial, and so on, I remember I read the list, but cant remember the details of the careers now. His case sound like this. Dont worry.

BTW, the major the beneficiary studied in college will also be a factor in consideration of sensitive career background checking.

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Sometime a processing reviews, as far as I know, is related to the career background checking of the beneficiary. I remember cases of some girls got the additional processing reviews after they have the white slip, they have to wait 1 month minimum for the careeer background checking. Usually they work for some special fields, related to high tech/bio science/robot industrial, and so on, I remember I read the list, but cant remember the details of the careers now. His case sound like this. Dont worry.

That's a good point, and true. I can't ever remember it being addressed here before. The US government takes it seriously whenever employment in 'sensitive' areas come up about a beneficiary. My wife was grilled by the VO about her position because the name of her employer had the word 'chemical' in it. The VO was more intersested in that then anything else, according to my wife.

 

In any case, I wish Mike and Xiao a speedy resolution to this problem they are faced with.

 

-the best of luck!

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