DS-156 - now Visa Denial (China) [edited title]

[shaung 4]

I am helping my fiance in filling out her packet 4 material. On the DS-156 form I asks in #39 Was the application prepared byt another person on your behalf. Well I am filling it out and then sending it to her. She will fill out the forms that will be taken to the Consulate. Does she mark it yes saying that I prepared the forms of what? If I do say that I helped will this count against her?

What is the best thing to do?

[xiaozhu 4]

If your fiance can understand the forms and your filling without any problems, then just claim she filled them. And it shows her English ability. A couple always work together on fillings. Any form I filled, my husband reviewed them. Any form my husband filled, I reviewed them.

Edited April 19, 2011 by xiaozhu

[iampatricias 17]

Yeah, it's my understanding the "help" is only for if you used an attorney (that's what our attorney said anyway).

[shaung 4]

This really isn't a DS-156 question but is a similar question. ON the GNI-2 questions 18 asks of she was assisted in completing the application. Well, duh of course she had assistance and once they talk to her they will know it. Does anyone have any info as to their reaction if she puts my name there?

[baron555 934]

I filled out all forms but never filled out these sections.

[shaung 4]

Well I guess I will just plow right into it. Yesterday my fiance had her interview. She was denied a visa. She tells me that during the interview an officer came in twice and took a few papers from her stack of papers. The third time he entered he told her he was sorry but that they would have to deny her a visa. He went on to tell her that they have evidence that I am still married and am stilling with my ex-wife. She was devistated. It took her quite a while to build up the courage to call me and confront me.

I haven't seen the white paper yet, I told her to stay in Guangzhou and allow her friends to take care of her for a while. She is headed back today I hope where she will send me a copy of the white sheet. I really wonder where these people come up with this #######.

I am pushing in though. I've sulked all day but now it is time to kick butt and get her here. Her son failed the English and will not be able to come even if we can turn this around in a day or 2.

I receiver an email from the Consulate. It wasn't encouraging at all. Here it is;

Thank you for your inquiry!

Please note the Consulate has determined, based on your beneficiary's testimony, documents, and any other evidence, that she does not have a bona fide relationship with you. The Consulate is preparing to return your beneficiary's case to the USCIS for review and possible revocation.

At this point, all processing on this case in Guangzhou is suspended; the Consulate cannot and will not accept any further documents or evidence. Your beneficiary will be informed by mail when the Consulate transfers the case file back to CIS. Once your case has been transferred and you still have question, please contact USCIS. Processing your case for return to CIS may take up to several months. Additional specific information regarding the reasons for this decision can only be acquired during CIS review process.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General Guangzhou

1 Shamian South Street

Guangzhou, Guangdong 510133

PRC

Any advice Darnell?

[Afrikan Queen 11]

So sorry to hear. I haven't been to that stage yet. But maybe now be good time to get a good attorney. IDK What evidence was lacking? Keep us updated, we're here to help you.

[Robby999 1,024]

Here is some reading from a similar case! Sorry about the denial!

http://www.visajourney.com/forums/topic/256528-how-to-reapply-a-denied-k1-visa-china/page__hl__+visa+denied+guangzhou

[Otto 83]

** Topic may be more appropriate in US Embassy/Consulate Discussion (rather than K-1 Procedures); moving thread there.

[baron555 934]

Are you still married? ....and living with your ex?

What kind of relationship do you teo gave and how many tons of evidence do you have that proves it beyond any reasonable doubt?

The ball has always been in your court and the onus on you two to prove it all.

It's not the consulates fault.

[shaung 4]

baron,

I will respectfully disagree with you. First, no I am not married and no we have lived in the same house for 2 years.

Second, when I filed my I-129F a part of that investigation was into my marriage status. I sent the divorce papers with the application. I was investigated by homeland security and the FBI concerning many aspects of my life including whether I was married or divorced. If I had been married they would have denied my application and never sent it to the NVC and then on to Guangzhou. That point has already been proven. My understanding is that the only things the consulate is looking for is a real relationship between the petitioner and applicant and secondly if there are sufficient finances to support the applicant.

That said I have learned a little more that I will tell below;

I am still sorting issues out at this point but I think I have a fairly good handle on what happened now. Xinjiao went into the interview with her son beside her even though they wanted another $350.00US to do his processing. He was never interview and they didn't offer to give it back.

One of the most difficult things to determine is what their parameters are. For example if someone asks you do you speak English? What is the division point between a yes I do or a no I don't? For that matter Yes but only a little. Does she speak 10 words, 100 word, or 1000 words? So I encouraged her to say yes because she can speak it. Not well but she can carry a conversation with you as long as it isn't too deep. I was trying to keep her from speaking negatively about herself. Well it was a wrong move.

They asked her if she spoke English and she said yes. Then they asked her if she had ever been to the US before and she said no. Then they began to deceive her. They asked her "Where did you first see Shaun?" She said I saw him first on the internet October 2010 I mean 2009. They they said that wasn't what they asked her, they said they asked, "When did you first see Shaun?" She got flustered and said in April 2009. They asked her if she was sure and she said yes. Her son asked for the question in Chinese and saw the problem and told her and she said Oh I mean April 2010. By this time she was getting upset because of the mistakes.

Then they asked her if I was married at the time and she said yes. They asked her if I was living with my ex-wife and she said no. All the while she was getting nervous because a Chinese woman was coming into the office and getting some of her papers and leaving the room.

The third time the Chinese woman came in she said her response was not true that I was living with my ex-wife. "In fact," the woman said, "They are still married now and living together." Xinjiao's response was, "really?" It was then that they handed her a white paper and told her she would not be getting a Visa.

For the record we were not living with each other and hadn't been for almost a year. 21 days after I first saw Xinjiao's face to face the divorce was final. The official record is April 22, 2010 even though the judge signed it April 15, 2010. It is documentable and I am doing that now.

So our wonderful American government, the one who is suppose to be the protector of human rights and chides China because they do not, deceived and lied to a small Chinese woman who is easily scareable to determine if she was deceiving and lying.

You know you don't become a thief to catch thieves and you don't become a murder to catch murderers. Why then is it OK to lie and deceive to catch liars and deceivers? Of course that is how ignorant and lazy people do it.

I do not want anyone to think what I am saying is sour grapes because it isn't. The only reason I am posting this is because I want newbies and those who have not been down the road this far yet to understand the dynamics of what is going on and what they will face in the future. Is it beatable, you bet. If I didn't think so I would not be here writing in this thread.

I want you to understand that your government is not on your side. They are against you. I prepared Peggy in every way except to be lied to and deceived. This isn't a lawyer vs no lawyer thing either. It is a preparation thing. Our paperwork was in order. Bulletproof. I don't think a lawyer could have prepared Xinjiao for what she went through. After all we are the land of the free, home of the brave to her, that is unless you are a foreign woman wanting to marry an American man.

One more thing. I do believe that if I had been there; there would have been fewer problems and Peggy would have had more confidence. Confidence is a real issue with her and I haven't spent enough time building it.

Lastly, there are people already working on our problem. I wish I could say more. I hope to have better news soon. I am also entertaining other ideas so if you have one speak forth. The goal isn't to rail up against America the goal is to get Xinjiao here.

[shaung 4]

Sorry for the rant about the US. All of this has been difficult but we are headed the correct direction at the moment. I may report to what we did later if it works.