K1 was denied, now K3? How long to wait? Guangzhou

[WorldTraveler 0]

Hi everybody,

I need some advice about a relative who has recently been denied a K1 VISA at the Guangzhou Consulate due to not proving her bona-fide relationship. There's a long story behind this which I am only getting it second wind of and I believe it is more not providing enough evidence. This happened back in December 2008. There has not been a offical document received by the petitioner from Guanghouz about the VISA denial. Since then, he (petitioner) has gone back to China in February 2009 to finally marry her.

1) Can he go ahead and now file for K3 for his wife or has to wait for the official document to arrive about his previous filing being denied?

2) And if filing for K3, on the I-129F Question 11, how does he answer the question, place of filing? Meaning Guangzhou? How much detail does he have to explain about the result of the denial?

Thanks much,

Doug

[pushbrk 13,111]

Hi everybody,

I need some advice about a relative who has recently been denied a K1 VISA at the Guangzhou Consulate due to not proving her bona-fide relationship. There's a long story behind this which I am only getting it second wind of and I believe it is more not providing enough evidence. This happened back in December 2008. There has not been a offical document received by the petitioner from Guanghouz about the VISA denial. Since then, he (petitioner) has gone back to China in February 2009 to finally marry her.

1) Can he go ahead and now file for K3 for his wife or has to wait for the official document to arrive about his previous filing being denied?

2) And if filing for K3, on the I-129F Question 11, how does he answer the question, place of filing? Meaning Guangzhou? How much detail does he have to explain about the result of the denial?

Thanks much,

Doug

The first thing one files for a spouse is the I-130. I highly recommend the CR1 visa path that results from filing that petition without following it with an I-129F. Certainly, the beneficiary was given something in writing about their denial but it may take many months for anything else to come along. Whatever the problem was, it doesn't just evaporate based on a marriage.

The place of filing would have been either California or Vermont.

Edited March 21, 2009 by pushbrk

[Dakine 26]

Hi everybody,

I need some advice about a relative who has recently been denied a K1 VISA at the Guangzhou Consulate due to not proving her bona-fide relationship. There's a long story behind this which I am only getting it second wind of and I believe it is more not providing enough evidence. This happened back in December 2008. There has not been a offical document received by the petitioner from Guanghouz about the VISA denial. Since then, he (petitioner) has gone back to China in February 2009 to finally marry her.

1) Can he go ahead and now file for K3 for his wife or has to wait for the official document to arrive about his previous filing being denied?

2) And if filing for K3, on the I-129F Question 11, how does he answer the question, place of filing? Meaning Guangzhou? How much detail does he have to explain about the result of the denial?

Thanks much,

Doug

Petitioner needs to find out the reason the K1 was denied. They have to correct the problem. Not having a bonafide relationship covers a LOT of things. My main reason for K1 denial was lack of pictures with me , her and her family.

My senator inquired and found out for me.

CR-1 is better than K3 at this time.

Edited March 21, 2009 by Haole