K-1 visa approved, extension granted, but reissuance denied

[marends 0]

I will check out http://www.candleforlove.com to see if they have any insights, but I wanted anyone's feedback and thoughts about this situation. I am the petitioner for a Chinese beneficiary of a K-1 visa processed through the U.S. Consulate in Guangzhou. Timeline:

Apr 2006: Tracy and I met online

Aug 2006: we met in person for the first time (trip #1)

Oct 2006: we met in person again (trip #2)

Oct 2006: filed K-1 petition

Nov 2007: we met in person again (trip #3)

Jan 2007: petition approved; met in person again (trip #4)

Mar 2007: Tracy received appointment packet for interview; met in person again (trip #5)

May 2007: met in person again (trip #6)

Jun 2007: Tracy had interview. I flew to Guangzhou to accompany her to the interview (trip #7). THE VISA WAS APPROVED (expiration date Dec 2007)

Nov 2007: Tracy finally ready to come, but her mother got gravely ill (cirrhosis; documentation available) and was hospitalized. AND her father, who is already legally blind (I’ve met them both), got in a fist-fight over a land dispute, broke bones in his face, and was hospitalized (documentation available).

Dec 2007: Tracy decided that she simply can’t come to the U.S. because she needs to take care of her parents. We were both devastated. I maintained (and still maintain) my devotion to her and told her I would do the entire visa thing again for her. She contacted the consulate in Guangzhou to officially cancel visa..........BUT the consulate actually granted a 6-month extension to Jun 2008. We had no idea that extensions were possible, but they gave us one.

June 2008: Tracy was ready to finally come. Unfortunately, her older brother (who, with most of her family, has been completely against her coming to the U.S.) physically destroyed her U.S. passport and visa, saying she needs to be a “good daughter” and stay with the family and care for her aging parents. She contacted the consulate again to ask for a reissuance of the visa. The consulate told her that I must write a letter (notarized) explaining (1) why she did not come during the first visa validity, (2) how the visa was destroyed, and (3) whether I still want to marry her. They also ask me for the following: (1) a photograph of me physically holding the notarized letter, and (2) proof of our ongoing relationship. The consulate further says that she “might” need to come in for another interview and they’ll let us know within 3 months.

I easily gathered all of this requested information. I answer these questions honestly with the same explanations as above. Unfortunately, I felt that the “proof” of our ongoing relationship was fairly weak during the past year, but figured it wouldn't matter that much because the visa was already approved. I had not physically been with Tracy for a year (partly because of the tumult in her family, and party because she wanted me to save money rather than waste it on more trips to see her). The only “proof” I could give them was a sample of our email correspondence. Our bond was (and is) as strong as ever, but I only had these emails to show for it. I included a listing of our few hundred emails to each other (the list was notarized with a sworn affidavit that they were true and unaltered) plus a sampling of maybe 30 of the full emails (me to her, and her to me)......which was also notarized with a sworn affidavit. Some of these sample emails were us just talking about normal things, some were the “I love you so much” variety, and some talked about the future we looked forward to together. I figured this would suffice because presumably they would still have all of our other "proof" from the past application on file.

I sent all of this to her in July 2008, and she quickly sent it to the consulate. The consulate confirmed receipt. Early October (last week), I emailed them to ask the status Two days ago I received this reply:

Thank you for your email. We regret to inform you that a decision has been made by a Consular officer that <beneficiary> should have a new petition filed for her to get a new K1 visa. We have just sent out a notice regarding the decision on October 6, 2008 to beneficiary’s mailing address by EMS with tracking number XXXX.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General Guangzhou

She hasn’t received their letter yet. We’re keenly interested in knowing if they provide a detailed reason for the denial. I strongly feel that they’re going to say “insufficient proof of ongoing relationship,” and I’m already gearing myself up with how to move forward based on this. I have done much searching for anyone with experience about extension denials. Can we appeal? How can the consular officer believe there is insufficient proof of the relationship? I’ve visited her 7 times. We were (are) engaged. Her K-1 visa was approved. Did they want to see evidence of one or more trips to visit her in the past 12 months? What happened to the K-1 requirement of meeting face-to-face in the past 2 YEARS? If that’s the case, then yes we’ve met in person 6 times in the past 2 years. They should have all of this on file, right? Should I have re-sent them ALL of the supporting documentation from the original petition and the interview? For this most recent request for a reissuance of her destroyed visa, they only asked me for: (1) a letter, (2) a photo, and (3) proof of the ongoing relationship.

I know we do not have the full picture yet. We don’t know exactly what is contained in their denial letter (I will post it as soon as we get it). Based on their email to me above, they aren’t giving us a chance with an RFE. They only say we need to start the whole K-1 process again.

Here are my questions for the VisaJourney forum:

(1) If the consulate will allow an appeal, should Tracy and I bother appealing? I’ve heard that appeals take a LONG time, and I can find no stories of anyone going through an experience that is even remotely similar to ours.

(2) If lack of proof is the grounds for the denial (which I believe will be the case), where is the RFE?

(3) Tracy and I definitely still want to get married, and we’re not giving up on this. If we don’t do an appeal, and there is no RFE, what do you folks suggest: another K-1? or try a K-3? What kind of effect will these past events have on subsequent attempts at either a K-1 or K-3? I know that IMBRA says I have to wait 2 years to file a new K-1 petition. Next week will be the 2-year mark since the first petition, so that’s no problem. Tracy and I intend to definitely meet in person at least once and maybe twice before refiling a new K-1 petition.

I know this post is very long. I just wanted to get all of the details in it. I’ll fully answer any questions you might have. I know at first read, some of the events of the past year seem unbelievable, but they’re all true. We were blessed to have the first visa approved. Being granted one extension might already have been extraordinary, and maybe asking for one more thing was just asking for too much. I’m really at a loss of what we should do next.

[YuAndDan 153]

Since they say file for a new K-1 and you still wish to marry, and you have maintained a relationship this long, I would recomend to go to China, marry the girl, and then file I-130 for a CR-1 visa, skip the K-3, for GUZ the K-3 and CR-1 tend to take just about the same time to get, I have seen many do the K-3, and keep the CR-1 moving through NVC, and the consulate dropping the K-3 in favor of the CR-1.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I an stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

Yes share with CFL, also have your fiancee put the new passport in a safe place.

[marends 0]

thanks, YuAndDan. I didn't know about the CR-1. I'll read up on that.

[pushbrk 13,121]

Since they say file for a new K-1 and you still wish to marry, and you have maintained a relationship this long, I would recomend to go to China, marry the girl, and then file I-130 for a CR-1 visa, skip the K-3, for GUZ the K-3 and CR-1 tend to take just about the same time to get, I have seen many do the K-3, and keep the CR-1 moving through NVC, and the consulate dropping the K-3 in favor of the CR-1.

CR-1 has the big benefit of GREEN-CARD upon entry, NO ADJUSTMENT OF STATUS. K-3 CANNOT get SSN, WORK, or Get driver's license until they have EAD or Green-card, EAD can take 90 days or MORE to get.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I an stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

Yes share with CFL, also have your fiancee put the new passport in a safe place.

I think it's imperitive you make another trip to China whether you marry or not. Marrying is a good idea on a couple fronts. First, the family will treat you differently as her husband than her fiance she hasn't seen in over a year and GUZ will have few doubts the relationship is bona fide after all you've been through. The money you save going the CR1 route will pay for about half an airline ticket to see her again during the process or at interview time.

Appealing the decision is probably a waste of time and good will.

I wish you the best and will take this opportunity to mention I'll be around very little from later this evening through the 26th. We're off to visit the inlaws in China.

Edited October 8, 2008 by pushbrk

[marends 0]

do you think being denied this visa reissuance will realistically have any bearing on a future CR-1 submission? If I submit a CR-1 would I need to give them this entire story of what happened with the K-1?

[YuAndDan 153]

do you think being denied this visa reissuance will realistically have any bearing on a future CR-1 submission? If I submit a CR-1 would I need to give them this entire story of what happened with the K-1?

No, the fact that you will go through the commitment to get married will look favorable, as well as the fact that the consulate had approved the first K-1, and extension.

They will see that you are truly committed to the relationship, denials of K-1 is more common than CR-1, they tend to not like hanging a married couple.