PSHBRK - Need Your Help

[Ling Ling 22]

So I've got a bud who will be married to a Chinese National for 2 years as of Nov this year.

She's from Fujin (sp) Province. He's been using an attorney in China...visited 5 times, had an interview just over 6 months ago,

and was denied (non-bona fide marriage). They said 9 of 10 marriages in Fujin (sp) are fraud. They said he can re-interview in 6 months...something about them

sending him a letter. Anyway, at this juncture he's pulling out his hair. AND she was recently hit by a motorcyclist trying to steal her purse,

shattered her knee cap. He's a great guy, local business owner, employs 9 people, and I wanted to know if you or anyone had any advice,

or had heard of this 6 month appeal thing. Also, he thinks he was going the K-3 route. Says they wanted the wife to bring in his affidavit of support

and supporting evidence. Does any of this sound normal?

thanks

[pushbrk 12,898]

So I've got a bud who will be married to a Chinese National for 2 years as of Nov this year.

She's from Fujin (sp) Province. He's been using an attorney in China...visited 5 times, had an interview just over 6 months ago,

and was denied (non-bona fide marriage). They said 9 of 10 marriages in Fujin (sp) are fraud. They said he can re-interview in 6 months...something about them

sending him a letter. Anyway, at this juncture he's pulling out his hair. AND she was recently hit by a motorcyclist trying to steal her purse,

shattered her knee cap. He's a great guy, local business owner, employs 9 people, and I wanted to know if you or anyone had any advice,

or had heard of this 6 month appeal thing. Also, he thinks he was going the K-3 route. Says they wanted the wife to bring in his affidavit of support

and supporting evidence. Does any of this sound normal?

thanks

No, it doesn't sound normal. Something has been lost in translation here. Whenever there is any kind of denial, it's best to get the actual text of the written notice instead of somebody's interpretation of it passed through others.

Fujian province is famous for visa fraud, yes.

[Ling Ling 22]

Thanks for the quick response. I'm trying to get him to come to the forum and explain things in more detail.

[Ling Ling 22]

OK...essentially, the denial said...

"according to section 221g, you do not fulfill the eligibility...

consulate has determined that you do not have a bona fide relationship...

your application will be returned to CIS for review..."

This was for a K-3 visa.

My guy's lawyer didn't even tell him about the CR-1. AND it shows that his I-130 petition was approved at the end of March last year.

Checked with NVC, and the I-130 case was sent back to CIS (they only keep them for a year, right?).

So the big question is, rather than hold his breath for a favourable review from CIS (overturning the consulate's denial),

wouldn't it be simpler to follow-up (or follow-through) with his I-130 petition?

Yes, he understands that he will still have to overcome the same hurdle of proving a bona-fide marriage...but it seams that pursuing the I-130

would be more expeditious than an appeal for the K-3 visa Of course, this assumes that his petition is still alive at CIS, and that they can/will

send it back to NVC.

Whatdya think?

[pushbrk 12,898]

OK...essentially, the denial said...

"according to section 221g, you do not fulfill the eligibility...

consulate has determined that you do not have a bona fide relationship...

your application will be returned to CIS for review..."

This was for a K-3 visa.

My guy's lawyer didn't even tell him about the CR-1. AND it shows that his I-130 petition was approved at the end of March last year.

Checked with NVC, and the I-130 case was sent back to CIS (they only keep them for a year, right?).

So the big question is, rather than hold his breath for a favourable review from CIS (overturning the consulate's denial),

wouldn't it be simpler to follow-up (or follow-through) with his I-130 petition?

Yes, he understands that he will still have to overcome the same hurdle of proving a bona-fide marriage...but it seams that pursuing the I-130

would be more expeditious than an appeal for the K-3 visa Of course, this assumes that his petition is still alive at CIS, and that they can/will

send it back to NVC.

Whatdya think?

If still possible, yes that's what I would do. If not possible, just do the (now probably IR1) from the beginning. There's a reason why they thought there was not a bona fide relationship. That will need to be overcome with additional evidence. The best evidence will be a long in-person visit or two.

[Ling Ling 22]

OK...essentially, the denial said...

"according to section 221g, you do not fulfill the eligibility...

consulate has determined that you do not have a bona fide relationship...

your application will be returned to CIS for review..."

This was for a K-3 visa.

My guy's lawyer didn't even tell him about the CR-1. AND it shows that his I-130 petition was approved at the end of March last year.

Checked with NVC, and the I-130 case was sent back to CIS (they only keep them for a year, right?).

So the big question is, rather than hold his breath for a favourable review from CIS (overturning the consulate's denial),

wouldn't it be simpler to follow-up (or follow-through) with his I-130 petition?

Yes, he understands that he will still have to overcome the same hurdle of proving a bona-fide marriage...but it seams that pursuing the I-130

would be more expeditious than an appeal for the K-3 visa Of course, this assumes that his petition is still alive at CIS, and that they can/will

send it back to NVC.

Whatdya think?

If still possible, yes that's what I would do. If not possible, just do the (now probably IR1) from the beginning. There's a reason why they thought there was not a bona fide relationship. That will need to be overcome with additional evidence. The best evidence will be a long in-person visit or two.

Thanks again...just found out one reason they may have questioned the relationship was because of age. Him 48, her 27.

I'll suggest the long visit. Heck, I guess if he left now and stayed 'til their anniversary, he could do a Direct Consulate Filing for an IR1.

I tried to PM you...but it says "no". Am I on your blocked list?

Really appreciate the assist, as I'm sure my associate will.