New Member I just Received NOA2!! Questions!

[Ryan H 3,812]

Chris,

If you are not successful keeping the file at the Consulate (a high degree of probability) and the case is sent back to USCIS, USCIS will do one of the following things:

They will reaffirm their approval of the petition and send it back to the Consulate for another interview.

They will send you a Notice of Intent to Revoke (NOIR). If you receive a NOIR, specific reasons why it has been generated will be listed, you must address all reasons your response to the NOIR and USCIS will need to receive your response by the deadline that would be listed on the notice itself. USCIS will then make a decision (reaffirm or revoke).

Approved spousal visa petitions never expire, so re-filing isn't an option.

[Chris Hu 2]

Thank you ! Ryan!

By the way, What is the best way to do for me right now for stop transfer back the file to USCIS??

Any good suggestions? Lawer?

One of the side story, My Antie highly suggest me use "Chinese agency" to help me. They said they can help us to appeal "fast!" what's the price! $20000!

I immediately said No! I got visaJourney! Not gonna spend that money for the process that I can do for myself! But My wife hates me now because She think I should spend this money make her can come fast. Sigh, Very stress these days!

[Ryan H 3,812]

By the way, What is the best way to do for me right now for stop transfer back the file to USCIS??

See if you can reach someone at a supervisory or managerial level in the IV unit at the Consulate and ask them to review the file before it is sent back. There is no guarantee that you will reach someone at that level and if you do, there is no guarantee they will review the file before sending it back.

Any good suggestions? Lawer?

If choose to hire an attorney at this point, most people speak highly of Marc Ellis, he specializes in refusals.

One of the side story, My Antie highly suggest me use "Chinese agency" to help me. They said they can help us to appeal "fast!" what's the price! $20000!

I immediately said No! I got visaJourney! Not gonna spend that money for the process that I can do for myself! But My wife hates me now because She think I should spend this money make her can come fast. Sigh, Very stress these days!

One word about that agency, SCAM. They do not have any ability to do a fast appeal. You were wise to immediately say no.

Edited October 13, 2011 by Ryan H

[diamondeve21 0]

Thank you ! Ryan!

By the way, What is the best way to do for me right now for stop transfer back the file to USCIS??

Any good suggestions? Lawer?

One of the side story, My Antie highly suggest me use "Chinese agency" to help me. They said they can help us to appeal "fast!" what's the price! $20000!

I immediately said No! I got visaJourney! Not gonna spend that money for the process that I can do for myself! But My wife hates me now because She think I should spend this money make her can come fast. Sigh, Very stress these days!

Do not use that agency! Thats way too expensive!!!!!!!

[Palladin 18]

One of the side story, My Antie highly suggest me use "Chinese agency" to help me. They said they can help us to appeal "fast!" what's the price! $20000!

That is obviously a SCAM. They take advantage of people in stress. Put wasted money aside they probably do more harm than good on your case. I say do more harm than good because they would be wondering where do you suddenly come up with that kind of money to pay the scam artists.

Yes I think at this point you need to try all possible ways to contact the US consulate. Postal mail, email, fax, telephone, whatever you can find. And leverage help from your Congressman's office. Ryan is probably right that since the petition itself doe snot expire there is not an option to file another petition.

But mean while probably the more important thing for you to do is get your financials in order. So next time when your wife gets another chance for interview it is not wasted again. Ultimately you will get another chance. Unfortunately it takes a lot of time and effort. This is why we want to absolutely make sure that when our loved ones go to interview we have done all we can to secure a smooth approval.

Edited October 13, 2011 by Palladin

[Chris Hu 2]

Hi guys!

There is something I have to figure out about some specific detail! My wife went to agency again and they told her, her case is completely "deny" will sent back to USCIS. The agency said they can write the letter into the Guangzhou consulted and "may" change the outcome. Cam I trust that?

She is very worry about this. Keep asking me want to spend that money. So my question is

How many type of "white slip" the guangzhou embassy have?

1:deny but have tiny chance (asking for motion for reconsider) for change the decision?

2:Completely deny, must sent back to USCIS?

The thing is what should I Exactly do beside writing letter to the senator and representative?

Edited October 14, 2011 by Chris Hu

[Ryan H 3,812]

There is something I have to figure out about some specific detail! My wife went to agency again and they told her, her case is completely "deny" will sent back to USCIS. The agency said they can write the letter into the Guangzhou consulted and "may" change the outcome. Cam I trust that?

No you cannot trust that; that "agency" has no sway or influence of any kind with the Consulate; period, full stop.

[Palladin 18]

No you cannot trust that; that "agency" has no sway or influence of any kind with the Consulate; period, full stop.

I heard SCAMs like that nature in the past. Basically such agency conspire with certain corrupt visa officers within the consulate and they agree to split the money and the visa officer deliberately deviate the decisions based on whether the agency gets paid or not. I believe most visa officers are honest people and are doing their job. But they did caught a few corrupted visa officers in the past.

Chris: please get these facts: Did the agency you mentioned contacted your wife before hand, and knew her information, and knew when is her interview date, and asked for the money before hand?

Did the agency approach your wife afterwards on their own, seemingly knowing she got a denial without even asking?

My advice to all people is NEVER make any contact with such agency, either before or after the interview. Never reveal your personal information. Just have no business with them whatsoever. If they approach you, ask them who they are, and then tell them to go away.

I hope Chris is not being scammed in the way I described. I hope it is simply a case that his case is weak, as he is unable to demonstrate solid financial sponsorship.

Edited October 14, 2011 by Palladin

[Chris Hu 2]

Hi guys:

It's Difficult to contact MarEllie. Any short cut I can look for him?

Is that mean I cant do anything before I got the letter from USCIS?

[FoundNanning 0]

One thing that is confusing/concerning me about this case: I was under the impression that out-and-out denials were generally NOT given solely for financial reasons. Since the financial data is analyzed/approved at the NVC level, If Guangzhou thought it was 'weak', they would either ask for more/stronger sponsorship, or for more income/reapply. Am I mistaken? Is it more likely that there ate additional issues here?

[pushbrk 12,914]

One thing that is confusing/concerning me about this case: I was under the impression that out-and-out denials were generally NOT given solely for financial reasons. Since the financial data is analyzed/approved at the NVC level, If Guangzhou thought it was 'weak', they would either ask for more/stronger sponsorship, or for more income/reapply. Am I mistaken? Is it more likely that there ate additional issues here?

Mostly correct. NVC does look at the financials but the Consulate makes the final decision. Yes, if the only issue were financial, it would be a blue slip (soft denial) requiring a joint sponsor and giving time to provide the affidavit. Any white slip (hard denial) would be for something more "final". I suspect the white slip indicates at least a generic reason for the denial.

Chris wrote what I've pasted below. I made the key points bold. The visa was denied because the Consular Officer concluded the relationship was for immigration purposes only. One key factor was that it looked like HER family was paying the costs of immigration and the relationship including HIS travel. One reason for that belief was that HE had no visible means of paying the costs himself. They may well be wrong but clearly that was their reasoning and they are the ones who get to decide. I suspect the actual wording of the reasons on the white slip are somewhat different and paint a clearer picture but I've seen enough of these to interpret what Chris wrote, with a high level of confidence.

My wife got denied! What a big joke! reason? Not believe not relationship,

Vo asked her, why I can go back to china everyone year without Money support, what a questions, because I save my money and I live with my family, I dont have to pay rent and eat,

Vo said our pictures looks so fake, what a joke.............how faked?

Got denied, said my case will back to Immigration center USA

[Chris Hu 2]

Since I am really upset about this stuff and I have no clue where I should head to. I decide to hide the lawyer. Luckily

Marc Ellie has accept my case. Hopefully He can help me. I dont think what I can do next step no more...

Pay money, let someone help.

[diamondeve21 0]

Since I am really upset about this stuff and I have no clue where I should head to. I decide to hide the lawyer. Luckily

Marc Ellie has accept my case. Hopefully He can help me. I dont think what I can do next step no more...

Pay money, let someone help.

Hey Chris,

I did a little research and it seems like Marc Ellis is really good with cases in Vietnam. There are a lot of topics posted by Vietnamese petitioners and someone even mentioned he lives in Ho Chi Minh City and that he "knows" people in the embassy. Just make sure he is also familiar with cases in Guangzhou.

[diamondeve21 0]

Here are some posts that talked about Marc:

http://www.google.com/url?sa=t&source=web&cd=2&sqi=2&ved=0CGgQFjAB&url=http%3A%2F%2Fwww.visajourney.com%2Fforums%2Ftopic%2F249625-need-a-great-lawyer-marc-ellis-is-the-one%2F&ei=GWGbTpDmI-_WiALyqIzPDQ&usg=AFQjCNGAo_Z4yfykFopo6YR6dR24TB-E-Q&sig2=XX-pcqBq2Kg40_e5ZrOvDQ

[LBeachey 45]

Since I am really upset about this stuff and I have no clue where I should head to. I decide to hide the lawyer. Luckily

Marc Ellie has accept my case. Hopefully He can help me. I dont think what I can do next step no more...

Pay money, let someone help.

While I have no direct knowledge, Marc Ellis is highly recommended when dealing with Guangzhou. It should be money well spent.