Our K-1 was denied in Guangzhou

[pushbrk 12,569]

Hi Everybody!!!

Here is my story:

My name is Ray and I am divorced. The last one was filed on Feb 6 2008. and now I am single. I am 61 years old, married 3 times, the last time was to a Chinese woman who I met in China and brought over here on a K-1 visa..(We are now divorced and she is a US citizen.) As a result of that marriage, I understand I am on some kind of database that says I was married to a K1 holder. I don’t know the official name of this database I am on….

I went to Shanghai on April 10, 2008 and met Yili at a coffee shop and instantly fell in love with her!...I spent 2 weeks with her, then came back and filled out a K-1 application and submitted it on 5/4/08…I received the I-797C on May 29, 2008…Then she received her packet to go to Guangzhou nine months later and after the interview, she received a denial because the officer didn’t think there was a bona fide relationship. She got the form 221G and that was it…She was denied on March 19, 2009. (I have received letters from the INS that the K1 is totally dead and they will not honor it anymore- so there is no appealing it....)

After being denied she was in a very depressed state of mind and wanted to break off our relationship, thinking it would be the best for both of us. Around that same time, her old former boyfriend had contacted her...Subsequently she was coerced by her former boyfriend and his mother into marrying him. Both the mother and her son got down on their knees to ask this favor of Yili = to marry her son.…. The reason being was that the boyfriend’s father was on his deathbed and wanted to see his only son marry a girl the father always liked…Four months later, the father died and they divorced….Yili was not thinking properly when she did this and didn’t know that this would cause a wrinkle in our future plans together….she was married on 4/27/09 and divorced sometime in August of 09….

After her denial, I wrote letters to both Senators, the director at Guangzhou, to Janet Napolitano and to Obama. I was pretty angry…Result is nothing. Seems nobody cares….After talking with an assistant at Frank Pallone’s office, I understand that I raised some huge red flags in their eyes:

1- my age (61)

2- I was married to a Chinese before. (major issue?)

3- Very quick to fill out the K-1 after having just met her.

4- Our age discrepancy (38 year difference)

My last trip was for 2 months this past July. We toured 3 countries and I have run out of most of my cash but it was worth it and she had a great time and her spirits were lifted.

My trips to China to see Yili:

4/9/08 – 4/22/08 2 weeks

9/17/09 –9/28/09 2 weeks = toured Hang Zhou / attended her cousin’s wedding.

5/23/10- 7/20/10 2 month visit.= toured Japan, Hainan, France, Italy and Switzerland.

Yili has lost faith in the K1 and K3 process, she doesn’t like the interviews and is now hesitant that the K-3 will result in failure as well…..

We need a sure fire method to bring her to me…she has some money saved up and she was considering a tour guide trip to the USA – when she comes, of course we will get married right away.. What is her chances to come here on tour considering her youthful age?

Please help!!!~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Quick dates:

Met on 4/10/08 = stayed for 2 weeks

K-1 visa application on 5/4/08

K-1 denied on 3/19/09

Yili married someone else on 4/27/09

Yili divorced him on 8/09

Met Yili again on 9/17/09 = stayed for 2 weeks

Met Yili again on 5/23/10.= stayed with her for 2 months

I need some good advice as we want to be together and we love each other.

Chances of a tourist visa even with a tour company that holds her passport during the trip are slim. You can marry if you can arrange it but she would still need to return to China and wait out the CR1 visa process. K3 is no longer available. Any process that results in her legal residence in the USA will feature an interview with an immigration officer and/or Consular officer with regard to the bona fides of the relationship.

Only if you married and she did not leave the US with her tour group would visa fraud be an issue but I doubt you could marry without the passport in hand and she wouldn't have it in hand coming with a tour group.

[Azzudiin 26]

who doesnt?

True, but most people "fall in love" and hope they marry someone financial and emotionally secure. Chinese woman put the falling in love part way way down the timeline.

[pushbrk 12,569]

True, but most people "fall in love" and hope they marry someone financial and emotionally secure. Chinese woman put the falling in love part way way down the timeline.

The way I would put it is that generally a Chinese woman makes a decision about whom she will GIVE her love, after he shows he's met her "qualifications". Usually, those qualifications include practical matters as well as at least some affinity and reasonable expectation of respectful treatment.

This has nothing to do with the topic at hand, so I hope further discussion about the relationship itself will remain respectful.

Edited October 18, 2010 by pushbrk

[thelastpetitioner 218]

True, but most people "fall in love" and hope they marry someone financial and emotionally secure. Chinese woman put the falling in love part way way down the timeline.

generally i think we agree that some people tend to forget that love isnt the only thing that can guarantee a happy,successful and secure marriage

it seems like asians in general have got it right

[Ryan H 3,810]

Yili has lost faith in the K1 and K3 process, she doesn’t like the interviews and is now hesitant that the K-3 will result in failure as well…..

FYI: The K3 essentially no longer exists, even though it is still on the books. USCIS has tied I-129F's filed in conjunction with I-130's together, approving them simultaneously, and sending them to the NVC together. The NVC then administratively closes the I-129F leaving only the I-130 for CR-1 (spousal visa) active.

We need a sure fire method to bring her to me…she has some money saved up and she was considering a tour guide trip to the USA – when she comes, of course we will get married right away..

DO NOT even think about doing this. Other posters have told you that is fraud, which will result in her receiving a lifetime entry ban to the USA. While you can get married, she would still have to go back at the end of the tour. Plus, I've heard tour group often keep passports of the group members after they enter through the POE and return them when it's time for them to return home. That is something to take with a grain of salt because I'm unable to specifically recall where I saw that.

My trips to China to see Yili:

4/9/08 – 4/22/08 2 weeks

9/17/09 –9/28/09 2 weeks = toured Hang Zhou / attended her cousin’s wedding.

5/23/10- 7/20/10 2 month visit.= toured Japan, Hainan, France, Italy and Switzerland.

Here is what can work in your favor, submit documentation (e.g. airline tickets, passport stamps, visas, hotel receipts) from all of the above trips. Furthermore, I'm certain you two have corresponded during this time also, submit copies of it. If you guys instant message, start saving your conversations for so you can submit excerpts later. If they can see your relationship is ongoing since the last filing, they'll have a harder time justifying a denial. My best advice to you is to return to China and marry her there and then go through the CR-1 process. Yes, it will take some time, but from what I have seen, it's the best option that is available to you.

[LGC 2]

True, but most people "fall in love" and hope they marry someone financial and emotionally secure. Chinese woman put the falling in love part way way down the timeline.

lol, along with her family.

[lostinvisashit 0]

Wow!!! I am so happy with site from all the responses I am getting both good and bad...I will share and continue to share this info with my fiance in China. As for me, I would have to grin and bear it to live in China.. Its a pain for foreigners to live in China if you dont know the language.. I was there for 2 months and honestly I prefer to live in the good old USA..But for her I can live there a year or so-- sounds like that is going to be a given from what I am reading...AND from some of you, even after that, its not 100%...

ray

[thelastpetitioner 218]

Wow!!! I am so happy with site from all the responses I am getting both good and bad...I will share and continue to share this info with my fiance in China. As for me, I would have to grin and bear it to live in China.. Its a pain for foreigners to live in China if you dont know the language.. I was there for 2 months and honestly I prefer to live in the good old USA..But for her I can live there a year or so-- sounds like that is going to be a given from what I am reading...AND from some of you, even after that, its not 100%...

ray

just make sure she is worth it and understands that even after all that,cr-1 might or might not work ( im not saying she isnt worth it,but the fact she lost hope and gave up way too easily sorta make it look...not that well you know? )

[LGC 2]

Wow!!! I am so happy with site from all the responses I am getting both good and bad...I will share and continue to share this info with my fiance in China. As for me, I would have to grin and bear it to live in China.. Its a pain for foreigners to live in China if you dont know the language.. I was there for 2 months and honestly I prefer to live in the good old USA..But for her I can live there a year or so-- sounds like that is going to be a given from what I am reading...AND from some of you, even after that, its not 100%...

ray

it's not that bad, my boss live in china for 4 years, take him a bit of time to learn the lanugage, but after that, he told me he have a lot of fun living in china. he did go to foreigner bar a lot.

GL with your journey

[Phill-Xiongfeng 0]

I do hope the best for you, but I do agree the 61 to 23 age difference is a big strech even in China plus the previous K-1 divorce from a Chinese girl. Still I am young and maybe I don't understand the situation very good myself. I do feel bad for you because your doing everything right on your trips to China and letters and donig the best you can. The fact is after a divorce for a K-1 visa and a 61 year old man to a 23 year old girl is just hard to accept to many people still, I do believe anyone can love almost anyone for who they are, but this age difference is a lot.

I do wish you best of luck sir. Just my 2 cents sorry if people disagree with me.

Edited October 18, 2010 by Phill-Xiongfeng

[KittyPollitt 284]

Wow!!! I am so happy with site from all the responses I am getting both good and bad...I will share and continue to share this info with my fiance in China. As for me, I would have to grin and bear it to live in China.. Its a pain for foreigners to live in China if you dont know the language.. I was there for 2 months and honestly I prefer to live in the good old USA..But for her I can live there a year or so-- sounds like that is going to be a given from what I am reading...AND from some of you, even after that, its not 100%...

ray

One option that you might consider is moving to China for an extended period, marrying her in China, and filing Direct Consular Filing. I'm not too familiar with the Guangzhou consulate, but we went through one of the highest fraud consulates in the world, and from my personal experience, living in your SO's country for 6+ months under the same roof with them can greatly increase your chances at interview, regardless of the situation. And DCF filings are notoriously more successful than filing from the US. If you're already willing to move there, this might be a good option for you.

Good luck!

Sarah

[Bob g 11]

One option that you might consider is moving to China for an extended period, marrying her in China, and filing Direct Consular Filing. I'm not too familiar with the Guangzhou consulate, but we went through one of the highest fraud consulates in the world, and from my personal experience, living in your SO's country for 6+ months under the same roof with them can greatly increase your chances at interview, regardless of the situation. And DCF filings are notoriously more successful than filing from the US. If you're already willing to move there, this might be a good option for you.

Good luck!

Sarah

I agree with Squeaky on this one. There are alot of red flags to deal with. A friend of mine is dealing with a situation of a prior K1 divorce and is having a very difficult time with his new I-130, even though they do not have any other red flags. Good Luck..........

[Boiler 44,855]

My last trip was for 2 months this past July. We toured 3 countries and I have run out of most of my cash but it was worth it and she had a great time and her spirits were lifted.

[Bob g 11]

Wow!!! I am so happy with site from all the responses I am getting both good and bad...I will share and continue to share this info with my fiance in China. As for me, I would have to grin and bear it to live in China.. Its a pain for foreigners to live in China if you dont know the language.. I was there for 2 months and honestly I prefer to live in the good old USA..But for her I can live there a year or so-- sounds like that is going to be a given from what I am reading...AND from some of you, even after that, its not 100%...

ray

You may want to read alot here and get a good understanding of the Visa Process. You are correct that its not 100% in any of the cases, even if your case was 110%.

I am 62 now, going through this process again. I believe the age difference is not a problem. I believe in your situation, the difficulty will be in the long term marriage commitment. If you look at the I-864 Support Form, you will see it is a 10 year commitment.

[Boiler 44,855]

There is not time limit on the I 864