What senators have helped?

[pushbrk 12,569]

Have you seen the actual letter/form? Kinda hard to take action to correct n the unknown...

I have it in front of me. This is the letter my fiancee was given at the consulate.:

Dear K visa applicant:

The consulate is unable to issue a K visa because according the to the section of the Immigration and Nationality Act, section 221(g) you do not fulfill the eligibilty requirements for the petitioned visa. The consulate has determined, based on your testimony, documents and any other evidence, that you do not have a bona fide relationship with the petitioner. The Consulate will now return your case.....

No direct explanation. We had documentation of more than a year's correspondence, many photos of the two of us of two trips to China for a total of five weeks, airline tickets, etc.

Only and attorney is going to get an actual explanation but one of you probably knows more about why this might be than they've disclosed in their explanation. To get a clue, think of the case as a whole, not just what kind of evidence you have.

How were you introduced?

Is she from Fujian Province?

Are you Chinese?

What is it in the "testimony" (interview transcript) they may be referring to?

[nowhereman 1]

I met my current fiancee (we met in Feb '07) when I was only separated from my previous wife (we separated in August '06 and divorced in Dec '07). People start relationships all the time in the USA while their divorce is pending, so to site this as a reason seems unreasonable and inappropriate. Lack of a bonafide relationship would be a situation where they believe the relationship isn't real... getting denied because your divorce is pending sounds more like a moral issue than a legal issue.

[pushbrk 12,569]

I met my current fiancee (we met in Feb '07) when I was only separated from my previous wife (we separated in August '06 and divorced in Dec '07). People start relationships all the time in the USA while their divorce is pending, so to site this as a reason seems unreasonable and inappropriate. Lack of a bonafide relationship would be a situation where they believe the relationship isn't real... getting denied because your divorce is pending sounds more like a moral issue than a legal issue.

That's why we're saying it's a consideration not a reason for denial. There's more to the story than a knee-jerk reaction and we don't know the whole story.

The OP needs and attorney in Guangzhou, not a Senator and he needs one NOW.

[nowhereman 1]

I met my current fiancee (we met in Feb '07) when I was only separated from my previous wife (we separated in August '06 and divorced in Dec '07). People start relationships all the time in the USA while their divorce is pending, so to site this as a reason seems unreasonable and inappropriate. Lack of a bonafide relationship would be a situation where they believe the relationship isn't real... getting denied because your divorce is pending sounds more like a moral issue than a legal issue.

That's why we're saying it's a consideration not a reason for denial. There's more to the story than a knee-jerk reaction and we don't know the whole story.

The OP needs and attorney in Guangzhou, not a Senator and he needs one NOW.

Yea no offense to the OP but I think he's leaving out some crucial information. For the petition to be valid you have to be divorced when you file it... there is no requirement (that I am aware of) that states you have to be divorced when you meet your fiancee.

[pushbrk 12,569]

I met my current fiancee (we met in Feb '07) when I was only separated from my previous wife (we separated in August '06 and divorced in Dec '07). People start relationships all the time in the USA while their divorce is pending, so to site this as a reason seems unreasonable and inappropriate. Lack of a bonafide relationship would be a situation where they believe the relationship isn't real... getting denied because your divorce is pending sounds more like a moral issue than a legal issue.

That's why we're saying it's a consideration not a reason for denial. There's more to the story than a knee-jerk reaction and we don't know the whole story.

The OP needs and attorney in Guangzhou, not a Senator and he needs one NOW.

Yea no offense to the OP but I think he's leaving out some crucial information. For the petition to be valid you have to be divorced when you file it... there is no requirement (that I am aware of) that states you have to be divorced when you meet your fiancee.

We don't actually know who is leaving out information, just that there's more to the story. The OP may not have the full story either.

[Ric Altman 0]

How were you introduced?

Is she from Fujian Province?

Are you Chinese?

What is it in the "testimony" (interview transcript) they may be referring to?

We met on Match.com

She was born and lives in Fujian and owns a successful small business.

I am an American. We have reconstructed the inteview if you would like to see it.

Yea no offense to the OP but I think he's leaving out some crucial information. For the petition to be valid you have to be divorced when you file it... there is no requirement (that I am aware of) that states you have to be divorced when you meet your fiancee.

I can't imagine what I might be leaving out. I filed four months after the divorce was final. We are only 10 years apart in age, by the way.

The OP may not have the full story either.

Possible.

The OP needs and attorney in Guangzhou, not a Senator and he needs one NOW.

I hired one today.

[pushbrk 12,569]

How were you introduced?

Is she from Fujian Province?

Are you Chinese?

What is it in the "testimony" (interview transcript) they may be referring to?

We met on Match.com

She was born and lives in Fujian and owns a successful small business.

I am an American. We have reconstructed the inteview if you would like to see it.

You may have put the interview in another thread. Each answer brings another question. Fujian province is famous for visa fraud so all applicant from there get extra scrutiny and tend to be viewed more negatively than the rest of China. She owns a business. How do your finances look? Remind me again who had the recent divorce. Was it you or her? If you, then the scenario fits a fraud profile but it could either way.

It's not that you're leaving things out intentionally but you may not understand what is relevent and what isn't. The attorney will be able to get to the bottom of all this.

[Ric Altman 0]

You may have put the interview in another thread. Each answer brings another question. Fujian province is famous for visa fraud so all applicant from there get extra scrutiny and tend to be viewed more negatively than the rest of China. She owns a business. How do your finances look? Remind me again who had the recent divorce. Was it you or her? If you, then the scenario fits a fraud profile but it could either way.

It's not that you're leaving things out intentionally but you may not understand what is relevent and what isn't. The attorney will be able to get to the bottom of all this.

I have heard that Fujian has the reputation for a lot of visa fraud. I have a good retirement income. I was divorced August '07, she was divorced twenty years ago.

[pushbrk 12,569]

You may have put the interview in another thread. Each answer brings another question. Fujian province is famous for visa fraud so all applicant from there get extra scrutiny and tend to be viewed more negatively than the rest of China. She owns a business. How do your finances look? Remind me again who had the recent divorce. Was it you or her? If you, then the scenario fits a fraud profile but it could either way.

It's not that you're leaving things out intentionally but you may not understand what is relevent and what isn't. The attorney will be able to get to the bottom of all this.

I have heard that Fujian has the reputation for a lot of visa fraud. I have a good retirement income. I was divorced August '07, she was divorced twenty years ago.

Your recent divorce, her business and being from Fujian put everything about your case in an uphill battle at GUZ. Any misstatement in the interview would add significantly to the problem. This is where some of the missing links could be. Even the most honorable Chinese person has a hard time disclosing any information that might put them in a less than favorable light. (General human nature somewhat amplified) It's the whole face saving part of the culture. Unfortunately, this is a time for complete candor between the two of you and your attorney.

[Ric Altman 0]

Your recent divorce, her business and being from Fujian put everything about your case in an uphill battle at GUZ. Any misstatement in the interview would add significantly to the problem. This is where some of the missing links could be. Even the most honorable Chinese person has a hard time disclosing any information that might put them in a less than favorable light. (General human nature somewhat amplified) It's the whole face saving part of the culture. Unfortunately, this is a time for complete candor between the two of you and your attorney.

Why do you think her business (jewelry shop) would present a problem?

[pushbrk 12,569]

Your recent divorce, her business and being from Fujian put everything about your case in an uphill battle at GUZ. Any misstatement in the interview would add significantly to the problem. This is where some of the missing links could be. Even the most honorable Chinese person has a hard time disclosing any information that might put them in a less than favorable light. (General human nature somewhat amplified) It's the whole face saving part of the culture. Unfortunately, this is a time for complete candor between the two of you and your attorney.

Why do you think her business (jewelry shop) would present a problem?

In and of themselves, none of these issues are problems. It's a profile. The fraud they are concerned with is that...

1. You were paid to divorce your wife and assist in bringing this Fujianese to the USA as your fiance

or

2. You are being duped in a fraudulent scheme to bring this Fujianese ....

The fact that she owns a cash business is part of the profile in that potentially, she and her family and associates can afford to engage in 1 or 2 above. Your recent divorce and short courtship adds to the profile.

There's more to the profile than that and I suppose the profile is somewhat fluid but you get the gist of it.

I'm not suggesting your relationship is fraudulent. I'm telling your what it is about your case that would fit a profile.

[Ric Altman 0]

I'm not suggesting your relationship is fraudulent.

I didn't think you were. I never considered that the fact that she had a successful business might be a detriment. If they looked at my finances (which I provided in great detail) they would realize that paying me would be ridiculous, but I suppose they might think I was being duped by a pretty girl. Thanks.

[pushbrk 12,569]

I'm not suggesting your relationship is fraudulent.

I didn't think you were. I never considered that the fact that she had a successful business might be a detriment. If they looked at my finances (which I provided in great detail) they would realize that paying me would be ridiculous, but I suppose they might think I was being duped by a pretty girl. Thanks.

It's unfortunate the Fujian people have such a bad reputation with the Consulate. I hope your attorney can get this worked out for you.

I like my Fujianese friends and customers but to them, visa fraud is just SOP, including indentured servitude.

Edited September 16, 2008 by pushbrk

[toma1 10]

DVD's are not acceptable evidence media...

OK, good to know... thanks!

[toma1 10]

By the way... does anyone know whether Thailand is a high VISA fraud country? I've heard that it is not, but I don't know the official stats. I have known some educated, professional Thais that married Americans and they have had happy, successful marriages--the requisite cultural issues had to be overcome, of course. I've also never met an illegal Thai immigrant. Most of the visa interviews I have heard about in BKK were just a few simple questions and "welcome to America."

--And YES, I've read the sad stories of men that married Bangkok or Pattaya bar girls (but I never knew one personally) and that those marriages were apparently 100% disasters. So it would seem that the big thing in the Bangkok interview might be to prove that your fiancee is not a bar girl, LOL...

Edited September 19, 2008 by toma1