Denied K-1 Visa in Guangzhou, China. Help, please.

[deniedk1visa 0]

Hello,

I just returned from Guangzhou, China, where my Chinese fiancee and I went for her K-1 visa interview.

Since submitting my petition to USCIS 8 months ago, the process had been going very well. We were getting through each stage in the process in a shorter than expected timeframe and had high hopes that the interview would result in success.

My fiancee brought to the interview a substantial amount of evidence of our ongoing relationship: plane tickets to China from November/December 2007 and from this month when I came to support her during her interview, photos of us together and with her family, mounds of printed emails between us, telephone records, chat transcripts, receipts for support money I'd wired her on various occasions until now, signed statements from us both of our intent to marry each other upon her entry to the U.S. She even brought in my passport to prove I was there, along with a credit card in her name under my AmEx account. She also brought my affidavit of support, complete with employer's letter and paystubs, as well as my official tax return transcripts from the past three years.

We were very surprised when she walked out of the interview with a letter stating that according to some section of immigration law (212 or 214©?), she was not eligible for a visa because we do not have a "bonafide" relationship.

Now, I never saw the word "bonafide" mentioned even once in the countless lists of recommended supporting documents to submit for a K-1 visa application or in the interview. Where I do now see this term mentioned is in the instructions for a K-3 visa, for married couples, where they are supposed to provide documentation to evidence the "bona fides" of the relationship, such as commingled assets, joint bank accounts, mutual property or rental leases, children together, etc.

I find it hard to believe that couples who are only just engaged are expected to have these kinds of "bona fide" factors in place already. I am beginning to think that the consular officer mixed up the criteria for a K-3 with our K-1 and it resulted in this denial.

All I know for sure at this point, according to the consulate's denial letter, is that they are now sending the case back to USCIS with a recommendation for revocation of my petition, and that "within several months" i will be given a 30-day window of opportunity to appeal the decision through USCIS. Then I suppose we will have to wait several more months for a re-evaluated decision - which frankly my sense of pessimism leads me to suspect will be the same decision as we have gotten already.

Does anyone have any experienced insight or suggestions on the above?

Now, I am thinking about just going to China with a Marriage Certificate from the Chinese Consulate, registering for marriage in her home town, and marrying her there. Would this be considered a circumventing act in the face of the recent K-1 denial and possibly harm our chances of getting a K-3 visa once we are married, if we decide to go that route instead of the K-1?

I will do practically anything legal to be with my girl at this moment - even if just to be with her while waiting for some good news on the visa front. I work for a U.S. employer at a job that can be done entirely via internet. I am thinking of going to China on my tourist visa (60 day stay, multiple entry) and telecommuting to the my U.S. job. Does anyone know if I would be required to get a Chinese work visa, even if I am U.S.-employed and will not be seeking a job from a Chinese employer while there? Additionally, is it still possible to get an upgrade (while in China) on a regular "L" visa to a renewable Spousal "L" visa which allows for extended periods of time to stay in China for the purpose of visiting a spouse?

I'm sorry for all the questions. I hope someone can give me some advice. We surely would appreciate it.

Thank you.

[pushbrk 13,121]

Hello,

I just returned from Guangzhou, China, where my Chinese fiancee and I went for her K-1 visa interview.

Since submitting my petition to USCIS 8 months ago, the process had been going very well. We were getting through each stage in the process in a shorter than expected timeframe and had high hopes that the interview would result in success.

My fiancee brought to the interview a substantial amount of evidence of our ongoing relationship: plane tickets to China from November/December 2007 and from this month when I came to support her during her interview, photos of us together and with her family, mounds of printed emails between us, telephone records, chat transcripts, receipts for support money I'd wired her on various occasions until now, signed statements from us both of our intent to marry each other upon her entry to the U.S. She even brought in my passport to prove I was there, along with a credit card in her name under my AmEx account. She also brought my affidavit of support, complete with employer's letter and paystubs, as well as my official tax return transcripts from the past three years.

We were very surprised when she walked out of the interview with a letter stating that according to some section of immigration law (212 or 214©?), she was not eligible for a visa because we do not have a "bonafide" relationship.

Now, I never saw the word "bonafide" mentioned even once in the countless lists of recommended supporting documents to submit for a K-1 visa application or in the interview. Where I do now see this term mentioned is in the instructions for a K-3 visa, for married couples, where they are supposed to provide documentation to evidence the "bona fides" of the relationship, such as commingled assets, joint bank accounts, mutual property or rental leases, children together, etc.

I find it hard to believe that couples who are only just engaged are expected to have these kinds of "bona fide" factors in place already. I am beginning to think that the consular officer mixed up the criteria for a K-3 with our K-1 and it resulted in this denial.

All I know for sure at this point, according to the consulate's denial letter, is that they are now sending the case back to USCIS with a recommendation for revocation of my petition, and that "within several months" i will be given a 30-day window of opportunity to appeal the decision through USCIS. Then I suppose we will have to wait several more months for a re-evaluated decision - which frankly my sense of pessimism leads me to suspect will be the same decision as we have gotten already.

Does anyone have any experienced insight or suggestions on the above?

Now, I am thinking about just going to China with a Marriage Certificate from the Chinese Consulate, registering for marriage in her home town, and marrying her there. Would this be considered a circumventing act in the face of the recent K-1 denial and possibly harm our chances of getting a K-3 visa once we are married, if we decide to go that route instead of the K-1?

I will do practically anything legal to be with my girl at this moment - even if just to be with her while waiting for some good news on the visa front. I work for a U.S. employer at a job that can be done entirely via internet. I am thinking of going to China on my tourist visa (60 day stay, multiple entry) and telecommuting to the my U.S. job. Does anyone know if I would be required to get a Chinese work visa, even if I am U.S.-employed and will not be seeking a job from a Chinese employer while there? Additionally, is it still possible to get an upgrade (while in China) on a regular "L" visa to a renewable Spousal "L" visa which allows for extended periods of time to stay in China for the purpose of visiting a spouse?

I'm sorry for all the questions. I hope someone can give me some advice. We surely would appreciate it.

Thank you.

The prudent course of action is to hire a local immigration attorney in Guangzhou to intervene and plead your case with the Consulate before they send the case back to USCIS. All USCIS will do is let the petition approval expire with no action.

Typically, the Consular Officers in Guangzhou, don't issue such denials willy nilly. There must be something that happened in the interview or some outside influence that triggered this result. It could all be a case of mistaken identity.

For more China specific support I suggest you go to http://www.candleforlove.com where there is a wealth of experience dealing with these issues.

I encourage you to act quickly, if you wish to have any chance of reuniting in the US anytime in the next year or so.

PS: In this context, bona fide just means genuine or for more purpose than to obtain an immigration benefit. You'll want a full and detailed account of the interview.

Edited August 19, 2008 by pushbrk

[Dakine 26]

Hello,

I just returned from Guangzhou, China, where my Chinese fiancee and I went for her K-1 visa interview.

Since submitting my petition to USCIS 8 months ago, the process had been going very well. We were getting through each stage in the process in a shorter than expected timeframe and had high hopes that the interview would result in success.

My fiancee brought to the interview a substantial amount of evidence of our ongoing relationship: plane tickets to China from November/December 2007 and from this month when I came to support her during her interview, photos of us together and with her family, mounds of printed emails between us, telephone records, chat transcripts, receipts for support money I'd wired her on various occasions until now, signed statements from us both of our intent to marry each other upon her entry to the U.S. She even brought in my passport to prove I was there, along with a credit card in her name under my AmEx account. She also brought my affidavit of support, complete with employer's letter and paystubs, as well as my official tax return transcripts from the past three years.

We were very surprised when she walked out of the interview with a letter stating that according to some section of immigration law (212 or 214©?), she was not eligible for a visa because we do not have a "bonafide" relationship.

Now, I never saw the word "bonafide" mentioned even once in the countless lists of recommended supporting documents to submit for a K-1 visa application or in the interview. Where I do now see this term mentioned is in the instructions for a K-3 visa, for married couples, where they are supposed to provide documentation to evidence the "bona fides" of the relationship, such as commingled assets, joint bank accounts, mutual property or rental leases, children together, etc.

I find it hard to believe that couples who are only just engaged are expected to have these kinds of "bona fide" factors in place already. I am beginning to think that the consular officer mixed up the criteria for a K-3 with our K-1 and it resulted in this denial.

All I know for sure at this point, according to the consulate's denial letter, is that they are now sending the case back to USCIS with a recommendation for revocation of my petition, and that "within several months" i will be given a 30-day window of opportunity to appeal the decision through USCIS. Then I suppose we will have to wait several more months for a re-evaluated decision - which frankly my sense of pessimism leads me to suspect will be the same decision as we have gotten already.

Does anyone have any experienced insight or suggestions on the above?

Now, I am thinking about just going to China with a Marriage Certificate from the Chinese Consulate, registering for marriage in her home town, and marrying her there. Would this be considered a circumventing act in the face of the recent K-1 denial and possibly harm our chances of getting a K-3 visa once we are married, if we decide to go that route instead of the K-1?

I will do practically anything legal to be with my girl at this moment - even if just to be with her while waiting for some good news on the visa front. I work for a U.S. employer at a job that can be done entirely via internet. I am thinking of going to China on my tourist visa (60 day stay, multiple entry) and telecommuting to the my U.S. job. Does anyone know if I would be required to get a Chinese work visa, even if I am U.S.-employed and will not be seeking a job from a Chinese employer while there? Additionally, is it still possible to get an upgrade (while in China) on a regular "L" visa to a renewable Spousal "L" visa which allows for extended periods of time to stay in China for the purpose of visiting a spouse?

I'm sorry for all the questions. I hope someone can give me some advice. We surely would appreciate it.

Thank you.

The prudent course of action is to hire a local immigration attorney in Guangzhou to intervene and plead your case with the Consulate before they send the case back to USCIS. All USCIS will do is let the petition approval expire with no action.

Typically, the Consular Officers in Guangzhou, don't issue such denials willy nilly. There must be something that happened in the interview or some outside influence that triggered this result. It could all be a case of mistaken identity.

For more China specific support I suggest you go to http://www.candleforlove.com where there is a wealth of experience dealing with these issues.

I encourage you to act quickly, if you wish to have any chance of reuniting in the US anytime in the next year or so.

PS: In this context, bona fide just means genuine or for more purpose than to obtain an immigration benefit. You'll want a full and detailed account of the interview.

For starters get your senator or congressman involved NOW! Try and keep your case in China. Once it's returned to the US you have a LONG hard basically one way road ahead.

Been there, done that, the first time around.

Something "ain't" right for her being denied with the evidence you say you have.

Edited August 19, 2008 by Haole

[punkmada 0]

Hello,

I just returned from Guangzhou, China, where my Chinese fiancee and I went for her K-1 visa interview.

Since submitting my petition to USCIS 8 months ago, the process had been going very well. We were getting through each stage in the process in a shorter than expected timeframe and had high hopes that the interview would result in success.

My fiancee brought to the interview a substantial amount of evidence of our ongoing relationship: plane tickets to China from November/December 2007 and from this month when I came to support her during her interview, photos of us together and with her family, mounds of printed emails between us, telephone records, chat transcripts, receipts for support money I'd wired her on various occasions until now, signed statements from us both of our intent to marry each other upon her entry to the U.S. She even brought in my passport to prove I was there, along with a credit card in her name under my AmEx account. She also brought my affidavit of support, complete with employer's letter and paystubs, as well as my official tax return transcripts from the past three years.

We were very surprised when she walked out of the interview with a letter stating that according to some section of immigration law (212 or 214©?), she was not eligible for a visa because we do not have a "bonafide" relationship.

Now, I never saw the word "bonafide" mentioned even once in the countless lists of recommended supporting documents to submit for a K-1 visa application or in the interview. Where I do now see this term mentioned is in the instructions for a K-3 visa, for married couples, where they are supposed to provide documentation to evidence the "bona fides" of the relationship, such as commingled assets, joint bank accounts, mutual property or rental leases, children together, etc.

I find it hard to believe that couples who are only just engaged are expected to have these kinds of "bona fide" factors in place already. I am beginning to think that the consular officer mixed up the criteria for a K-3 with our K-1 and it resulted in this denial.

All I know for sure at this point, according to the consulate's denial letter, is that they are now sending the case back to USCIS with a recommendation for revocation of my petition, and that "within several months" i will be given a 30-day window of opportunity to appeal the decision through USCIS. Then I suppose we will have to wait several more months for a re-evaluated decision - which frankly my sense of pessimism leads me to suspect will be the same decision as we have gotten already.

Does anyone have any experienced insight or suggestions on the above?

Now, I am thinking about just going to China with a Marriage Certificate from the Chinese Consulate, registering for marriage in her home town, and marrying her there. Would this be considered a circumventing act in the face of the recent K-1 denial and possibly harm our chances of getting a K-3 visa once we are married, if we decide to go that route instead of the K-1?

I will do practically anything legal to be with my girl at this moment - even if just to be with her while waiting for some good news on the visa front. I work for a U.S. employer at a job that can be done entirely via internet. I am thinking of going to China on my tourist visa (60 day stay, multiple entry) and telecommuting to the my U.S. job. Does anyone know if I would be required to get a Chinese work visa, even if I am U.S.-employed and will not be seeking a job from a Chinese employer while there? Additionally, is it still possible to get an upgrade (while in China) on a regular "L" visa to a renewable Spousal "L" visa which allows for extended periods of time to stay in China for the purpose of visiting a spouse?

I'm sorry for all the questions. I hope someone can give me some advice. We surely would appreciate it.

Thank you.

The prudent course of action is to hire a local immigration attorney in Guangzhou to intervene and plead your case with the Consulate before they send the case back to USCIS. All USCIS will do is let the petition approval expire with no action.

Typically, the Consular Officers in Guangzhou, don't issue such denials willy nilly. There must be something that happened in the interview or some outside influence that triggered this result. It could all be a case of mistaken identity.

For more China specific support I suggest you go to http://www.candleforlove.com where there is a wealth of experience dealing with these issues.

I encourage you to act quickly, if you wish to have any chance of reuniting in the US anytime in the next year or so.

PS: In this context, bona fide just means genuine or for more purpose than to obtain an immigration benefit. You'll want a full and detailed account of the interview.

For starters get your senator or congressman involved NOW! Try and keep your case in China. Once it's returned to the US you have a LONG hard basically one way road ahead.

Been there, done that, the first time around.

Something "ain't" right for her being denied with the evidence you say you have.

We basically had the same problem happen to us in this past month. I have contacted my congressman here in Arkansas to try and keep the petition there to show more proof. Please, please get your congressman involved now. If all else fails I am going to Egypt to marry him and take our baby with us. I will pray that you will not have any problems. I find it strange that so many people are showing valid proof of a genuine relationship and we are being denied. I also want you to get letters from your family and her family with names and contact info to your congressman to give to the consulate there. Do everything you can to keep the petition there. My heart is with you guys.

[lostinblue 1,989]

Read this before you decide about returning to china to be married

http://www.ilw.com/articles/2006,0323-ellis.shtm

http://candleforlove.com/forums/index.php?...30084&st=15

[KimandRuss 0]

You can't get better advice, especially in regards to China, than what pushbrk has told you.

Instead of focusing on another visa you need to do everything you can to keep your petition there. Visit Candle for Love, as suggested above, and read through those posts to find out what other steps you can take now.

I'm going to move this to the Embassy forums where you are sure to get more advice.

good luck to you.

[justashooter 430]

no information about your hunny, but there may be something she is not telling you. this is common in china denials.

china is #2 in immigration fraud, right behind russia.

[Ovaltine Jenkins 5]

It may be a communist country but how that makes the USA Embassy there primitive I am not sure

[Kathryn41 3,205]

Racially inappropriate post has been removed. Racial comments meant to denigrate another's cultural heritage is a violation of TOS. Do not repeat such comments.

Edited August 5, 2009 by Kathryn41

[gyi 1]

The "non-bonafide" reason is used more often than not, it is a subjective reason, a re-adjudication of your case, without hard facts which is the only legal reason for denial, unless the Consulate found something in the interview, that would be substantial for the non-bonafide. That said there is a good attorney Marc Ellis, you could get in touch with him, or make waves and file a Freedom of Information request to both USCIS and Department of State, ask for the reason, ask for the Consular notes. I had a non-bonafide, I received after about 8 months an NOIR/NOID from USCIS giving me 33 days to reply to the denial, I replied, my petition was reaffirmed sent back to the Consulate, waiting for the new interview.

[a loves a 0]

The "non-bonafide" reason is used more often than not, it is a subjective reason, a re-adjudication of your case, without hard facts which is the only legal reason for denial, unless the Consulate found something in the interview, that would be substantial for the non-bonafide. That said there is a good attorney Marc Ellis, you could get in touch with him, or make waves and file a Freedom of Information request to both USCIS and Department of State, ask for the reason, ask for the Consular notes. I had a non-bonafide, I received after about 8 months an NOIR/NOID from USCIS giving me 33 days to reply to the denial, I replied, my petition was reaffirmed sent back to the Consulate, waiting for the new interview.

i got a mail from the embassy said my case sent back to usa nvc for re-adjudication !!!

so my fiancee contact the congress man last night and send to him our story and applecation to freedom our info .

then after you contact your sentor or cogress man it takes them 8 monthes to answer you with the coucler notes ??????

so what the councler note , can you tell me please ????

how you replay for a deny , what kind of paper or document you sent to them to make them make for you another interview ???

any help will n=be

[gyi 1]

The best answer I can give you is to show a continuing relationship, whether it be more visits, e-mails, phone calls, intentions to want to marry. You really cannot answer the reason for the non-bonafide, so mention it and let them know, you cannot answer for it, stating you do not know the reason, short and sweet. The freedom of information act, I found out will not get you anywhere, other than you showing an interest in your case. My fiancee was given a Visa in Dec.2009 after a denial, we have since married July 2010, and also this July I got a letter from the Dept. of State, telling me they could not give me any information on the reason for the denial of 2008 which I sent sometime in early 2009, quoting their legal reason and exemptions under US codes and Immigration Act, so go figure.

[Paul and April 0]

i saw some helpful info for you just try it here : http://www.usimmigrationjourney.com/

Denied I-129F K-1 Fiancee Visa Petition

in I-129F Petition for a K1 Visa

If your application for K-1 Fiancee Visa Petition is denied, it is usually because the United States Citizenship and Immigration Services (USCIS) officer is not convinced about your relationship or it maybe that your case is poorly documented (and failed to meet immigration requirements) and they need more proofs about the validity of your relationship or that you and your foreign fiancee have met each other within the last two years.

In most cases, when the fiance visa petition is denied, the USCIS sends the petitioner a letter (using Form I-797C) of the reasons and advising why the fiancee visa petition was denied including an explanation of how to appeal. As an alternative to this, the United States Citizenship and Immigration Services (USCIS) may request for additional documentation from you (the petitioner) to determine your eligibility. This request is called a Request for Further Evidence (RFE) and fiancee via petitioner must respond to such request within the specified time period stated.

Your next step after your fiancee visa petition is denied depends on the reasons of denial. If USCIS sends you a Request for Further Evidence (RFE), you can address the problem and correct the deficiencies of your fiancee visa petition by sending the additional documents needed and you normally get another chance for an approval of your application.

Sometimes, filing an appeal is not the best option (depending on the nature of petition denial). In some cases, it is best to disregard the petition appeal process and simple file a new fiancee visa petition and making sure that the application contains all the important documentation, making your case strong and proving that the relationship is genuine and that you both sincerely seek to spend lives together in marriage.

If fiancee visa petitioner chooses to send a fiancee petition appeal, it must be done within 30 days of the date on the Notice of Denial. The appeal for fiancee petition application must be sent to the same USCIS Service Center that issued the denial of the application.

[TBoneTX 46,137]

You've answered a 3-year-old zombie thread.

[misterbigtoe 45]

You've answered a 3-year-old zombie thread.