K1/2 denial in Guang-Zhou

[selena 0]

What's the possible make-up approach? I plan to re-apply and make more visits for her next interview if the case is returned. My fiance is hiring a lawyer in GZ to request for reviewing, and I wrote letters to GZ to request to talk to them face-to-face. I am not sure GZ will give us the opportunity.

[Minya's wife 24]

I could not make an additional trip due to multiple reasons (e.g. frequent job changes and took care of my son who was under 18). We had sufficient documents of emails, photos, mails, phone bills. Thanks for your more suggestion.

You don't seem to be understanding what pushbrk is trying to convey to you. You keep saying the evidence you presented, of an ongoing relationship, was sufficient. What is sufficient to you, and what is sufficient to the Consular Official are two very different things. Obviously, because of the type of denial you got, your evidence did not convince the CO that you have a bona-fide ongoing relationship...ergo, your evidence was not sufficient. From what I understand the consulate you are dealing with is quite a difficult one and your burden of proof is much higher than at other more 'easy-going' consulates. You have not met that burden of proof, and before you go off in any new direction, you should determine where you failed. Otherwise you'll just repeat the same mistake again.

-P

Edited March 27, 2008 by Paula&Minya

[selena 0]

One the date of interview, Officer A reviewed the documents (a lot of phone bills, emails, letters, etc.) submitted, and then talked to Officer B: "their docs are sufficient." B said: "I am not sure for it". Then A gave the denial and refused my fiance's any explanation. Hopefully you can give us some idea. Thanks a lot.

[~Laura and Nick~ 5]

One the date of interview, Officer A reviewed the documents (a lot of phone bills, emails, letters, etc.) submitted, and then talked to Officer B: "their docs are sufficient." B said: "I am not sure for it". Then A gave the denial and refused my fiance's any explanation. Hopefully you can give us some idea. Thanks a lot.

Right there....Officer "B" stated they didn't think that your documents were sufficient. So, you may believe you gave enough evidence, but they did not.

Take the advice given from previous posters, contact a lawyer and visit the candleforlove.com website.

Best of luck to you

[Minya's wife 24]

One the date of interview, Officer A reviewed the documents (a lot of phone bills, emails, letters, etc.) submitted, and then talked to Officer B: "their docs are sufficient." B said: "I am not sure for it". Then A gave the denial and refused my fiance's any explanation. Hopefully you can give us some idea. Thanks a lot.

Let's try this again:

How many phone bills, emails, letters? Did they cover the entire period of your purported relationship? Did you have proof of your last visit there, included in your evidence? Did you include photos of you together? Do you chat online? Did you show proof of that? These are the types of details that you should keep in mind, in figuring out if your evidence is sufficient. Obviously, officer B was not convinced....and not convinced enough to deny you outright. Are there any so called 'red-flags' in your situation, other than the fact that you haven't visited your fiancee in 18 months? How often do you communicate? Not having visited in 18 months, but if you talk every day, for example, would go a long way towards overcoming that deificiency....but not visiting in 18 months, and exchanging an e-mail here or there, talking on the phone sporadicatlly will surely cast doubt as to the bona-fide nature of your relatinship. You have to look at this from the CO's point of view.

-P

[selena 0]

How many phone bills, emails, letters? - A lot; phone bills list our conversations about 3-7 hrs./wk; > 10 mails, a lot of emails; the copies of 4 checks ($2500 to support my fiance's daughter's education)

Did they cover the entire period of your purported relationship? Yes.

Did you have proof of your last visit there, included in your evidence? Yes. Air tickets, visa to GZ

Did you include photos of you together? Yes.

Do you chat online? Not

Did you show proof of that? Yes. But the Officer only briefly viewed them.

These are the types of details that you should keep in mind, in figuring out if your evidence is sufficient. Obviously, officer B was not convinced....and not convinced enough to deny you outright. Are there any so called 'red-flags' in your situation, other than the fact that you haven't visited your fiancee in 18 months? - I had K3 marriage case before. But the ex-ife returned to China 2+ yr. ago. The officer asked it, and my fiance presented the documents.

[Minya's wife 24]

How many phone bills, emails, letters? - A lot; phone bills list our conversations about 3-7 hrs./wk; > 10 mails, a lot of emails; the copies of 4 checks ($2500 to support my fiance's daughter's education)

I'm sorry, but given the fact that you haven't visited your fiance in 18 months, talking on the phone 3-7hrs a week w/ a lot of emails (you're generalizing again...what is a lot?) does not sound sufficient to me. When we were going though the visa process my, then, fiance and I talked that much on a dayli basis....and we were not dealing w/ Guan-Zhou consulate. ADD TO THAT the fact that you're sending your fiancee money....there has been discussion here as to whether that information should be included, as it could be looked at in either positive or negative light by the CO.

Did they cover the entire period of your purported relationship? Yes.

Did you have proof of your last visit there, included in your evidence? Yes. Air tickets, visa to GZ

Did you include photos of you together? Yes. How many?

Do you chat online? Not This may have been of importance....in today's internet world, many use this method of communication because it is relatively affordable and can offer an easy method to 'communicate' dayli which goes a long way towards proving an ongoing relationship.

Did you show proof of that? Yes. But the Officer only briefly viewed them.

Sometimes it is up to the visa applicant to draw the officer's attention to certain pieces of evidence that need to be looked at more carefully....i.e. when the officer asks a question like "How do you communicate" you answer but also point to the evidence you brought to prove your point.

These are the types of details that you should keep in mind, in figuring out if your evidence is sufficient. Obviously, officer B was not convinced....and not convinced enough to deny you outright. Are there any so called 'red-flags' in your situation, other than the fact that you haven't visited your fiancee in 18 months? - I had K3 marriage case before. But the ex-ife returned to China 2+ yr. ago. The officer asked it, and my fiance presented the documents.

[~Laura and Nick~ 5]

I don't think the phone records sound sufficient enough either...I talk 3 to 7 hours a day to my fiance.

Great questions Paula...we need more information....

[john_and_marlene 162]

It is very possible that there was no amount of document evidence that would overcome the limited personal contact.

[selena 0]

Thanks to all of you. Your feedbacks are important for us. Very likely, I need re-apply again. Please provide your advise:

1) Which road I should go? K1 again, or K3, or CR-1?

2) In my next application, should the K2 (19 no) be included?

3) If K1, can I re-file now or after I make a trip to GZ?

Thanks again. Good luck to all of you!

[~Laura and Nick~ 5]

Thanks to all of you. Your feedbacks are important for us. Very likely, I need re-apply again. Please provide your advise:

1) Which road I should go? K1 again, or K3, or CR-1?

2) In my next application, should the K2 (19 no) be included?

3) If K1, can I re-file now or after I make a trip to GZ?

Thanks again. Good luck to all of you!

I would definitely take a trip and save all your proof and take tons of pictures.

You could get married and then file for a spousal visa..that may be more convincing than re-doing the K1. I've seen success stories where people have done just that.

Refiling now without having any more additional proof and especially not seeing one another in almost 2 years....

I think it's best if you make that trip.

Best of luck!!!

[TracyTN 237]

You can't 'reapply' for a fiance visa; also, marrying and applying for a spousal visa often does no good - you still have to overcome what is now seen as a relationship strictly for immigration purposes. Being married to that person does little to convince them otherwise.

I would go to the site recommended to you several times in this thread (candleforlove) and see if those folks can offer more suggestions; hopefully one of those suggestions would be the name of an immigration attorney who has extensive experience with GZ.

*edited for clarity*

Edited March 27, 2008 by TracyTN

[selena 0]

TracyTN:

How can we get rid of the barrier? Someone said: just provide more evidences through marriage or re-filing (w/ new supporting documents). I really got frustrated. Wish you and others to provide some advises. Thank.

[TracyTN 237]

TracyTN:

How can we get rid of the barrier? Someone said: just provide more evidences through marriage or re-filing (w/ new supporting documents). I really got frustrated. Wish you and others to provide some advises. Thank.

Selena:

I am not an immigration attorney, nor do I have an iota of experience overcoming such issues. It seems that folks on candleforlove would be more well versed in such matters, and with such matters at GZ specifically.

That said, there are a few different instances when I would always recommend an immigration attorney, and this is one of them.

Thank.

Edited March 27, 2008 by TracyTN

[selena 0]

Visited http://www.candleforlove.com but found nothing about white slip or denial fighting. If you know the addresses, please post them. Thanks.