New Member I just Received NOA2!! Questions!

[Chris Hu 2]

Yes, She got interview by that women

[Palladin 18]

Any update, Chris?

Do you just sit back and wait for them to send case file back to USCIS, or are you fighting to try to keep the case in the Consulate and hopefully get they reverse their decision?

[Chris Hu 2]

There are nothing you can do . I cant reach the cousulate phone. Always no one pick up. I sent email to Consulate also. They reply they cant do anything.

And acutally the letter has been sent to My wife. Case will be back to USCIS.

We prepare to fight the NOIR

[Palladin 18]

There are nothing you can do . I cant reach the cousulate phone. Always no one pick up. I sent email to Consulate also. They reply they cant do anything.

And acutally the letter has been sent to My wife. Case will be back to USCIS.

We prepare to fight the NOIR

It takes a lot of effort for your message to even reach the US Consulate, after your wife's visa is denied. The norm is by regulation they could not accept new documents or evidences until the case is sent back to USCIS, thus it blocks the channel for you to send message to them, and also they could not tell you any details of your case handling until the case reaches back to USCIS, blocking any channel for you to get case info from them.

But it is not impossible. I was so desperate and I tried everything I could think of to send email, fax, phone to them and utilized the help of my Congressman. But you got to understand how they work. By regulation, if the documents already submitted are insufficient, they can not change the visa denial decision just because you submitted new documents. Only the USCIS has that authority. However if there is something that went wrong with the interview itself they have to consider that and re-consider whether the decision was a wrong one.

Did your wife get the note at the interview that her case is sent back to USCIS, or did your wife actually received a postal mail, afterwards, informing her that the case has ALREADY been sent back to USCIS? If it was later, then indeed you have to fight the NIOR at USCIS. There is no more thing you can do at the Consulate.

All denied cases are supposed to go through Administrative Processing. Is your case still under AP? Or they have rushed it back to USCIS yet? In my case, their responses have turned towards the positive and they repeatedly assured me that once AP is finished my wife will be notified further action that the case is continued. It is encouraging.

[Chris Hu 2]

so which way I can have to get the accurate information for my result or what's going in the consulate

[Palladin 18]

so which way I can have to get the accurate information for my result or what's going in the consulate

You have not answered my question yet. Does your wife just have the white visa denial handout sheet given to her at the visa interview, or did she actually got a postal mail afterwards, that the case has actually been sent back to USCIS? Is the case back to USCIS yet or still at the Guangzhou Consulate?

Trying to get accurate information what's going on with your case in the Guangzhou Consulate is impossible. They do not divurge that information. But trying to make enough noise that they hear you and they may have a second thought, that is possible. It takes a huge effort to get the message across, but it can be done.

[Darnell 8,478]

There are nothing you can do . I cant reach the cousulate phone. Always no one pick up. I sent email to Consulate also. They reply they cant do anything.

And acutally the letter has been sent to My wife. Case will be back to USCIS.

We prepare to fight the NOIR

Now ya wait, until you receive a letter from USCIS. I'm guessing 3.5 to 6 months, at this stage, for you to receive that letter.

[Palladin 18]

Good luck Chris!

You still have not answered my question. Did you receive an actual postal mail, AFTER the visa denial, that indicates they are sending the files back to USCIS?

If your wife's case file is still in Guangzhou, you may make a last ditch effort of trying to reach them by sending an express mail package to the Consulate. At least they will not throw it into trash and it will be likely put into the case file so they go with the case file to USCIS should they send the files back to USCIS. Make your presentation and argument good if you do so. Your financial situation may be a bit obstacle which you need to work on to sort out.

Otherwise you have to start prepare the rebuttal material NOW while waiting for NOIR. The windows is too narrow for you to prepare the documents after you receive the NOIR letter.

For me I am fighting to keep my wife's files in Guangzhou and get them reverse their decision without sending the files back to USCIS. I know statistically the odd is against me. But the feedback from them so far has been positive so far. It had been negative but later turned positive.

[Chris Hu 2]

Yes, She already receive a letter from the mail said letter being send back to USCIS, Sad Face.

[Palladin 18]

Yes, She already receive a letter from the mail said letter being send back to USCIS, Sad Face.

When was that letter dated? I guess your wife was interviewd on Oct. 11, 2011, right?

How much effort did you make in trying to reach out to the Guangzhou Consulate? What kind of email responses did you get in response to your email inquiry? Have you visited your wife after the visa denial?

Good luck to you in fighting the NOIR next. Start accumulating evidences and begin to prepare the rebuttal letter now. It is important for you to reconstruct every details of your wife's visa interview and figure out how the VO derived his conclusion.

For me I am fighting for almost the impossible, get them reverse the decision without sending the files back to USCIS. It's very hopefully as they have confirmed they got my rebuttal documents which points to the errors in the visa interview as well as strong evidences to support our case, and that the officer is reviewing them. Although it was almost routine that they send denied cases back to USCIS, in my case I don't see how they could. They would have to write up a recommendation for revocation which must over-ride my rebuttal, and submit it with my rebuttal docs. It would be a joke on USCIS if they send everything back to USCIS. So I am hoping for the best. Just don't know how long it will take for them to finish AP (Administrative Processing).