Previous K-1 causing problems?

[hamsoplo 0]

I've been reading this forum for a while helping my father bring his wife to the United States from China but now I'm stumped.

He had filed a K-1 visa two years ago but it was denied, he says it was because of the age difference (he's 66 and she's 29 now). After he got denied they got married and applied for a K-3 visa.

The K-3 visa was just recently denied and he was offered to fill out a I-601 hardship waiver. He tells me it is because they had already filled for a K-1 visa that is causing the problem.

He only applied for the k-1 once so I didn't think it would be a problem. Has anyone heard of this?

Reading about the I-601 tells me she is inadmissible for some reason, K-1? He says it's all because of the K-1 but i'm not sure if he told me everything or knows. Now he has to prove extreme hardship if she is unable to come to the US. Problem is he's retired and has moved all his money to china and lives there 8 months out of the year.

[Deputy Purple 1,294]

If she misrepresented on her K-1 application then she would be inadmissible but that would not be waiverable. If she was every deported then she would need a waiver but I believe that would be an I-212 Waiver.

[hamsoplo 0]

Thanks for the input. Whatever it was it is I601 waiverable. She's never been to the USA so never been deported. She has had trouble recently getting a visa to get into Macau for vacation so I don't know if the reasons are related.

[Darnell 8,478]

I would suggest your father pay for a few hours of consult with Marc Ellis - google 'Marc Ellis Immigration'

Whilst the K-3 is denied at Guangzhou IV - The I-130 petition may or may not be denied/dead - is hard to know without checking in with NVC.

Can call up NVC Hotline, get a Human, and inquire about status of the I-130 petition.

IF the I-130 is 'still active'

then yer father can kick start the NVC Process (this leads to a CR-1 or IR-1 visa)

but

GUZ IV is very very picky about stuff.

Here's a 'red flag' discussion - http://www.visajourney.com/forums/topic/234971-red-flag-list-for-visa-denial/page__hl__appointment It's specific to the K-1, but most of the items there pertain to spousal visas in China, as well.

so if there's any red flags that he needs to address, he can 'send more stuff' to NVC - see http://www.visajourney.com/forums/topic/267559-usa-is-now-arizona/page__view__findpost__p__4100571

FWIW, I've 'walked' 2 CFL members through this exact process, about 2 years ago - where the K-3 was denied, but they kicked the I-130 into play at NVC, did NVC Processing, and got the CR-1 Visa on interview day. Things have 'gotten more automated' at GUZ IV this year, so it may be that the K-3 denial forced the I-130 to be closed at NVC - ya won't know until you call NVC, inquire for status on the I-130 - TIP don't ask for case status on the K-3 at NVC.

if the I-130 was closed with the K-3 denial (sometimes these are, sometimes they're not- it just depends) then really, truly, get Marc Ellis involved.

IMO, ya need to know exactly why the K-3 visa was denied, and the prior K-1 as well.

Edited September 25, 2010 by Darnell

[Darnell 8,478]

hey hamsoplo - you making a plan for 'calling' for Monday?

[Used to be broken 147]

I've been reading this forum for a while helping my father bring his wife to the United States from China but now I'm stumped.

He had filed a K-1 visa two years ago but it was denied, he says it was because of the age difference (he's 66 and she's 29 now). After he got denied they got married and applied for a K-3 visa.

The K-3 visa was just recently denied and he was offered to fill out a I-601 hardship waiver. He tells me it is because they had already filled for a K-1 visa that is causing the problem.

He only applied for the k-1 once so I didn't think it would be a problem. Has anyone heard of this?

Reading about the I-601 tells me she is inadmissible for some reason, K-1? He says it's all because of the K-1 but i'm not sure if he told me everything or knows. Now he has to prove extreme hardship if she is unable to come to the US. Problem is he's retired and has moved all his money to china and lives there 8 months out of the year.

HINT: The paperwork they gave him at the consulate that offers the filing of the I601 has the language and explanation of WHY SHE NEEDS A WAIVER.

[hamsoplo 0]

I told him about the lawyer but he doesn't want to yet. My father is going to talk to the homeland security office on Monday. I insisted that they would have told him why she needs a waiver or they would have at least told him. I think he may be leaving some information out that he might not want me to know. My aunts and uncles that have met her told me that they think she used to be a prostitute, no joke. I hope not but I wouldn't doubt it knowing him.

[Darnell 8,478]

My father is going to talk to the homeland security office on Monday.

Which one? specifically, which city?

[hamsoplo 0]

Guangzhou. Do you think a bribe would work? He told me someone approached him saying $10k could get it done but I think that would be a last ditch effort.

[Darnell 8,478]

OK - we have some issue on 'terms' here.

Yer father is going to speak with a Consular Official during American Citizen Hour at the US Consulate, Guangzhou. Is good chance that the Consular Official is also a Visa Officer - it's always useful to talk with a Visa Officer during American Citizens Hour.

Is not 'DHS', per se, but a unit that's 'way under' the top 'DHS' designation.

re: bribe - nope, sorry, forget it - don't do it. That money will be gone, never useful to get anything done inside the IV unit .

I assume yer father is IN Guangzhou, now - you say he lives in China 8 months out of the year.

That's a plus, for 'getting things sorted', actually.

IF he went to American Citizens Hour, then he could get it sorted, face to face.

I must assume if a Visa Officer, on interview day, said 'get a waiver' then the Consular Official at ACH can tell him exactly what to ask for, in that waiver.

I do recommend, again, that you or yer father check in with Marc Ellis - He has vast experience in Guangzhou, I highly recommend him.

Edited September 27, 2010 by Darnell

[hamsoplo 0]

Yes he is in Guangzhou now. He's been living there for the last 7 years, mostly returning to the US to file paperwork to bring her over. He moved there seven years ago to retire. The week he bought his house just outside of Guangzhou he met her and she moved in a month later. Proving extreme hardship seems very difficult in his situation since he had planned to live in China and is living in China already.

He is going to speak with someone with homeland security or at least way under homeland security on tuesday, the office is only open tuesday and thursday for a few hours. The visa officer said everything is approved on their side but he had to speak with someone from homeland security to see why they turned the k3 down. He told me his k1 was turned down because they thought it was fraud, not a real relationship because of the large age gap and thinking she was just using him to come to the US. The only questions asked during her K1 interview was her name, her age (27 at the time), my father's age (she only gave his date of birth) and if she worked (she doesn't and hasn't ever since she met my father). She was then denied. They immediately got married and filed for the K3.

So we'll have to wait until Tuesday to find out what is going on.

[Darnell 8,478]

If you'd like some 'more detail' here at VJ -

suggest you ask yer father to email you scanned copies of all documents that GUZ IV gave to her on interview day.

then you can type out, here, some of the things that she was given.

Then maybe we can figure out what's what.

blue slip / white slip / 221g form / call in letter -

is all different stuff.

hard to know whats what without yer personal eyeball review of the documents she received, from interview day.

[belinda63 3,038]

So question..why get her a green card if they are going to live in China?

[garfield529 47]

Is it possible that their K3 was denied for domicile reasons or affidavit of support? You mentioned that you feel you are not getting the full picture from him, if this is the case then he at least needs to understand that complete transparency is the only way to obtain a visa out of China. The only other alternative involves lying and that will, in most cases, be rooted at during some point of the process. All of the paperwork can be perfect, but the couple has to represent as a couple (e.g. the comment that she looks like a former prostitute; maybe there are image issues that raised red flags). I wish your father well, keep us informed.

[Dakine 26]

Most important to find out why she was denied 2 times??????. Have his senator check on it. Mine found out why we were denied the first time.