How to reapply a denied K1 Visa? - China

[HBKHHH 0]

ok I think i found how to save it.

thanks.

I will start gathering everything.

I want more than enough.

so I will take my time.make sure there are no mistakes.

thanks

Craig.

[HBKHHH 0]

Ok here I am again.

I found a way to save the qq chat.

About all of the proof.

I hope I have enough.

I will keep up to date info about the case on here.

Thanks.

Craig!!

[gyi 1]

My fiancee and I were denied for a K1, Dec.2008, I don't think refiling would be of any benefit, the reason that the original denial will show up on the refile, plus it will cost you another $450.00. I think the best bet is to make waves write the Dept. of State and USCIS asking for the reasons for the non-bona fide under the Freedom of Information Act this may just get you a run around and requirements that the beneficiary send a release form to release the information, second write your congress man or Senator quote the law about non-bonafide not being a legal reason to deny, let them know you know, let USCIS know you want to contest the decision, you may get a letter from USCIS, asking if you would like to contest the denial, this letter by all means answer, if you do not the denial will default to visa fraud, with the penalties.

I had a trip planned to China, just after I mailed my reply to USCIS, while in China, I was told that USCIS had reaffirmed the original petition and sent it back to the Consulate, my fiancee lived in Guangzhou, so I made a trip to the citizens hour at the Consulate more to show our relation was bona-fide by making an appearance for our behalf.

After doing all I wrote of; a second interview was scheduled for Dec. 2009, at which a K1 visa was granted. It is not an easy road, but it can happen on a reaffirmed petition.

[Darnell 8,478]

Hey Craig - you getting close ? maybe give us the 'new list', for another eyeball review?

[HBKHHH 0]

Yes I already mailed it to USCIS.

I Included these things.

1,EOR Letter.

2,30 pictures of me and my fiancee including her friends and brother in some photos.

3,about 15 qq messengers.

espressing her feelings more.

4,every docuement sent as before.

including fiancee letter of intent from each of us.

bording passes,hotel recipt,ext.

hope this will be enough.

I already recived the NOA that they recived the package.

hey Darnel do you think the prev denial cause trouble in the second time?

I hope Im not just wasting my time here.

Thanks for your help. I will acompany her this time. and we will take more pictures to add at the interview.

[Darnell 8,478]

Craig - if you have exact knowledge of why it was denied the first time, then it's useful to cover 'those things' in the EOR, with backup documentation referenced in the EOR, as well.

Sometimes - a VO will see the 2nd filing, think - OH - must be serious this time - but still evaluates the TOTALITY of the casefile. I had hoped you'd post here prior to sending it out, with 'the list' - so we could go over stuff prior to you sending it out - but...

I think you'll be ok - if that EOR is solid. I posted an EOR recently - have a look ?

http://www.visajourney.com/forums/topic/260331-wife-speaks-no-english/page__view__findpost__p__3995116

is yours similar, by any chance ?

Don't forget - you've ONE MORE opportunity to submit an updated EOR letter, and that's ON INTERVIEW DAY. View that EOR as a 'living document', growing over time - so keep adding to it, as things progress and you take that next trip.

Edited June 19, 2010 by Darnell

[HBKHHH 0]

Ok thanks.

The EOR letter I wrote was a basic letter exsplaning how we met and how we comunicate. Should I write another one?

Maybe I can send you ca copy of it. And you can take a look.

By the way my yahoo ID is hbkhhh2dx@yahoo.com.We can chat some time if you like.

Thanks.

Craig.

[HBKHHH 0]

ok here is a copy of what I sent.

You think it will be ok?

Ying and I have been together for nearly 2 years.

I first met my fiancee''Ying Chao Yang''on October 16th 2008.We met on a web site called Chnlove.com.We only used the agency''Changsha Love Bridge company''for about 6 months.

Then we met in person for the first time on march 31st 2009 in Changsha Hunan China.She met me at the airport as planed.

I stayed there for 8 days.We had a great time together. We went out for lunch and dinner everyday.Went to a famous mountain''Yulu mountain''.and we went to a park.I met her parents.We all had a good time.We Love each other very much. Allthough she is very she. I find thats cute.

After I returned to the US. We talked in the phone,emailed eachother,and later we used qq often.

I have attached some of these things with this petition.We no longer use the agency.

We met again about a year later.On april 29th 2010. This time I stayed for 2 weeks.

It was even better than before. We had many romantic times together.She let me stay in her appartment so we can see each other more offten . Because she worked almost everyday. In the evening we have dinner. Then went shoping,And went out for a walk everyday. On the days she had off. I met her cousin,and her best friends.We went to the KTV together had a lot of fun.

We Love each other very much.I try to call her everyday. And we try to chat as often as possible.

This is a summery of our relationship hope it helps.

Signed.

Sincerely:My name.

Dated:

Thanks.

Craig!!

[Bob g 11]

ok here is a copy of what I sent.

You think it will be ok?

Ying and I have been together for nearly 2 years.

I first met my fiancee''Ying Chao Yang''on October 16th 2008.We met on a web site called Chnlove.com.We only used the agency''Changsha Love Bridge company''for about 6 months.

Then we met in person for the first time on march 31st 2009 in Changsha Hunan China.She met me at the airport as planed.

I stayed there for 8 days.We had a great time together. We went out for lunch and dinner everyday.Went to a famous mountain''Yulu mountain''.and we went to a park.I met her parents.We all had a good time.We Love each other very much. Allthough she is very she. I find thats cute.

After I returned to the US. We talked in the phone,emailed eachother,and later we used qq often.

I have attached some of these things with this petition.We no longer use the agency.

We met again about a year later.On april 29th 2010. This time I stayed for 2 weeks.

It was even better than before. We had many romantic times together.She let me stay in her appartment so we can see each other more offten . Because she worked almost everyday. In the evening we have dinner. Then went shoping,And went out for a walk everyday. On the days she had off. I met her cousin,and her best friends.We went to the KTV together had a lot of fun.

We Love each other very much.I try to call her everyday. And we try to chat as often as possible.

This is a summery of our relationship hope it helps.

Signed.

Sincerely:My name.

Dated:

Thanks.

Craig!!

Looks like a good letter. Your time line looks good also, similar to mine. My girl and I met online April 08, in person April 09, and march 2010. We use the Yahoo Messenger to talk everyday, and can copy logs with time/date, and lengh of chat. I use a program, "Captura", that will save a screen shot of us talking on yahoo with webcam, and typing. I hope a couple of screen shots for each month along with the logs, will show Guz that we can and do talk very much.......good luck,,,Bob.......

[HBKHHH 0]

hey darnel I already recived NOA 1.

About how long will it take to recive NOA 2?

And will the denied K1 affect the Second petition?

Will it cause I deniel?or some problem?I checked the status and it says Initial Review. does this mean they are just working on it?

or have they found a problem?

I also displayed the EOR letter what do you think about it?

Is it ok?

thanks for all your help.

craig.

[HBKHHH 0]

hey also.

i have a non k1 visa question.

do any of yall know how and where a chinese citizen can apply for a work visa?

A friend of mine asked me this.

Thanks.

Craig.

[Darnell 8,478]

Craig - have you withdrawn the first petition, or no ?

[HBKHHH 0]

No I have not withdrawn it yet. How do I do so?

[NigeriaorBust 4,087]

You don't need to withdraw it , in fact you shouldn't. Withdrawal can cause a marker that confirms the findings of the embassy and can make it very hard to get another visa. The second petition should cause the first one to be expired. Did you remember the note about filing 2 or more petitions. You don't really need the wavier but you should include a note that you are filing for the same person and therefore the wavier isn't required so they don't say you need one.

You don't need to withdraw it , in fact you shouldn't. Withdrawal can cause a marker that confirms the findings of the embassy and can make it very hard to get another visa. The second petition should cause the first one to be expired. Did you remember the note about filing 2 or more petitions. You don't really need the wavier but you should include a note that you are filing for the same person and therefore the wavier isn't required so they don't say you need one.

[Darnell 8,478]

No I have not withdrawn it yet. How do I do so?

No No - don't withdraw the first one.

My concern was that you DID, already.

relax, you.