Paperwork back in Vermont. Now what?

[shaung 4]

We were denied a visa from Guangzhou. Went through the normal, we refuse to answer questions and now the paperwork is back in Vermont except instead of waiting 120 days now they are saying 180. I've contacted my congressman but this doesn't seem to be a big issue for him. They tell me they've written letters requesting info but I've not seen anything. Now she wants me to come to China and marry her and file for K-3.

This is all nuts to me. I need some strong solid advice.

[Darnell 8,478]

how many days ago was the 'request for info' sent out to you ?

[shaung 4]

how many days ago was the 'request for info' sent out to you ?

I haven't received a request for info. I did receive an email that the papers were back in Vermont 6/20/11. I've contacted my congressman to see if he can find out what is in the documents but haven't heard back. I am calling them in about 1 hour.

I think that knowing why they rejected the visa request would be helpful in my next step and I don't want to wait 6 months to find out. Plus if I know now then I can get everything together and have it ready when they makes the request for info.

Edited June 21, 2011 by shaung

[Robby999 1,024]

Read this link, it may help you some!

http://www.visajourn..._1#entry4090310

[shaung 4]

Well I got the official NOA from Vermont in the mail today. I also got a letter of reply from my Congressman telling me something I really didn't want to hear. VSC told my congressman that they didn't have a processing time yet for my paperwork and that once the time is set that it would be given to the ISO for review. If they didn't find a service error they would close the case because the petition will have expired. Well it expired June 7.

So in other words they will not tell my congressman squat about it and he won't do anything about it. He is only seeking clarification at this point to see if I should re-file and if they will say what is missing if anything. These immigration guys are an entity unto themselves and a congressman can't do anything.

I did call USCIS today and talked with a CSR and she wouldn't offer info but would answer direct questions. I will never see what is in the file. I would h ave to do a freedom of information act with the DOS and they may not do it because the case is closed. If I petitioned Vermont they would only give me info generated from Vermont. She did recommend that I do the freedom of information act with the consulate but I've already been told by the consulate that I would h ave to go through the DOS.

I wont tell some of the things she did say but I will tell you that your fiance or wife had better be rock solid on the facts and unflappable when they go to the interview. One slight hesitation and there is a good chance she is going to be denied.

I asked her what she would do if the shoes were on her feet. She asked me if I loved her to which I said absolutely. She told me to go marry her and do the CR 1.

So talk to me O Wise ones with vast amounts of experience. Is this really the way to go? DO you have solid evidence that marriage and re-file won't work?

Georgia Buddy give me a call when you get the chance. I'll tell you more.

[LBeachey 44]

Well I got the official NOA from Vermont in the mail today. I also got a letter of reply from my Congressman telling me something I really didn't want to hear. VSC told my congressman that they didn't have a processing time yet for my paperwork and that once the time is set that it would be given to the ISO for review. If they didn't find a service error they would close the case because the petition will have expired. Well it expired June 7.

So in other words they will not tell my congressman squat about it and he won't do anything about it. He is only seeking clarification at this point to see if I should re-file and if they will say what is missing if anything. These immigration guys are an entity unto themselves and a congressman can't do anything.

I did call USCIS today and talked with a CSR and she wouldn't offer info but would answer direct questions. I will never see what is in the file. I would h ave to do a freedom of information act with the DOS and they may not do it because the case is closed. If I petitioned Vermont they would only give me info generated from Vermont. She did recommend that I do the freedom of information act with the consulate but I've already been told by the consulate that I would h ave to go through the DOS.

I wont tell some of the things she did say but I will tell you that your fiance or wife had better be rock solid on the facts and unflappable when they go to the interview. One slight hesitation and there is a good chance she is going to be denied.

I asked her what she would do if the shoes were on her feet. She asked me if I loved her to which I said absolutely. She told me to go marry her and do the CR 1.

So talk to me O Wise ones with vast amounts of experience. Is this really the way to go? DO you have solid evidence that marriage and re-file won't work?

Georgia Buddy give me a call when you get the chance. I'll tell you more.

I think you may want to go ask opinion on candleforlove.com or chinesefamilyvisa.com. There are people there that have been through this or are going through this.

I think you may want to find an attorney with experience with the Guangzhou consulate. Pursuing the FOIA might help but I would think you could name the Top 3 most likely reasons for your denial. You need to address those even with a CR-1.

The other government process I have seen that is similar to Immigration is getting Social Security Disability (especially if you are not close to retirement). In both processes, if a case appears fraudulent but could also be legitimate the process puts up multiple barriers that you have to work through. Working through this process can take a long time measured in years, if you are willing to pursue it that long, that alone is the evidence of the legitimacy of your case and you eventually are approved.

[shaung 4]

I spoke with the rep in my congressman's office today.

Let me back up a little. I need to have surgery on one of my hands and will likely need the same surgery on the other hand in a year or two. There is a 5 month recovery time possibly less if all goes well but I will need assistance with some of the day to day things for about 5 months. Things I could not do without the used of a second hand. You would be surprised how much one uses both hands. I've had surgery before on each hand so I am well aware of the issues.

As I was talking with Peggy this morning it came to me that she would have been able to help me if she had not been turned down by an overly zealous denying interviewer. I thought hmmm....... So I called my congressman's office and talked with the rep. She suggested that I file a I-601 Waver of Inadmissibility. For a K-1 it says to fill out section B. I read it. What I am seeing is that this waver is not for the petitioner but for the applicant. In other word if she has health issues where she needs assistance not me.

Does anyone have any experience with I-601? Does or is it possible to used for my case? What is the success rate of this application? Finally how long did it take to get approved? I am assuming that if approved that the applicant has to go through the interview process in Guangzhou again.

Thanks,

Shaun

[Darnell 8,478]

I say refile a new K-1 this weekend, if yer still within the 2 year range -

FRONT LOAD, this time.

[shaung 4]

Darnell,

I did front load it the first time. 60 photos (I could have sent more photos but I didn't think pictures of buildings, farms, interesting plants, bridges lit up at night, or interesting public art displays were what I needed to send.) , over 100 pages of IM's, Tons of receipts, airline tickets from 2 trips, bank statements showing money sent to her, I'd have to take another trip just to get more evidence. I'm working on that. Where everything went bad was in the interview. She got nervous and wasn't as well prepared as I thought she was. I've confirmed that in a couple of ways.

That being said and realizing another trip will be necessary I thought that maybe marrying her and then filing a CR-1 would be the better idea. What do you think? I am interested in your opinion on the CR-1 route.

Shaun

I say refile a new K-1 this weekend, if yer still within the 2 year range -

FRONT LOAD, this time.

Darnell,

I did front load it the first time. 60 photos (I could have sent more photos but I didn't think pictures of buildings, farms, interesting plants, bridges lit up at night, or interesting public art displays were what I needed to send.) , over 100 pages of IM's, Tons of receipts, airline tickets from 2 trips, bank statements showing money sent to her, I'd have to take another trip just to get more evidence. I'm working on that. Where everything went bad was in the interview. She got nervous and wasn't as well prepared as I thought she was. I've confirmed that in a couple of ways.

That being said and realizing another trip will be necessary I thought that maybe marrying her and then filing a CR-1 would be the better idea. What do you think? I am interested in your opinion on the CR-1 route.

I think I am withing the 2 year range. The K-1 expired June 7. I first submitted August 25, 2010 and got my NOA-2 approval February 7.

Shaun

[Darnell 8,478]

I think it's hard to say, really, without knowing what went down in the interview.

To Go And Marry always shows 'pure intent', imo, after a failed K-1 interview..

but..

that's just my opinion.

Historically, the 2nd K-1 went faster, under 4 months, when filed soonish after the denial - no waiting on namechecks.

I'm sure you've done the standard stuff, to go over the interview in minute detail, then sharing all with some of the china boys here, at CFV and CFL, gotten some other inputs on interview day, maybe even engaged Marc Ellis for his evaluation of what happened...

Still, IMO, to file 2nd K-1, get her here the fastest.

OK - reread yer stuff from prior posts.

IMO, the VO not have final divorce decree in his hands on or before interview day, and that was one of the things that tripped you up.

Edited July 4, 2011 by Darnell

[LBeachey 44]

Darnell,

I did front load it the first time. 60 photos (I could have sent more photos but I didn't think pictures of buildings, farms, interesting plants, bridges lit up at night, or interesting public art displays were what I needed to send.) , over 100 pages of IM's, Tons of receipts, airline tickets from 2 trips, bank statements showing money sent to her, I'd have to take another trip just to get more evidence. I'm working on that. Where everything went bad was in the interview. She got nervous and wasn't as well prepared as I thought she was. I've confirmed that in a couple of ways.

That being said and realizing another trip will be necessary I thought that maybe marrying her and then filing a CR-1 would be the better idea. What do you think? I am interested in your opinion on the CR-1 route.

Shaun

Sending money to a fiance can be a red flag. I don't know if this alone would be enough to get you a white slip.

IMO, the VO not have final divorce decree in his hands on or before interview day, and that was one of the things that tripped you up.

If it was just this issue, I think a blue slip would have been more likely than white. The general consensus is most cases are decided even before the actual interview so you fiance getting nervous likely wasn't the deciding factor.

I think you will have more luck going CR-1 than K-1. Since this is likely to take close to another year, I would also plan on at least two more trips. The trip to get married and at least one more before the interview. (Yes, I know it is easy spending other people's money)

[shaung 4]

So Darnell, you still think filing a new K-1 should do the trick? Here is my dilema. My fiance is wanting to come asap; we've waited almost one year. She is wanting me to come to China asap because all of the info she is seeing says to marry and do the CR-1. That looks to be 7 month process after we marry. She also has family and friends telling her this is the thing to do. If I throw another K-1 at her I am not sure ho she is going to react. She is having a tough enough time right now. I think she is much better prepared for the interview now than she was 2 months ago but I think she will still have problems with it. She will be afraid that she will fail again.

What ever I do this is the Hail Mary pass, or so I think it is. I'm all for the shorter period but bottom line is that I want her here and 3 more months doesn't make a lot of difference when considering the rest of our lives. Having her confident and all my stuff together is crucial. I don't think we'll get a third shot at this. More than likely I'll try and move there if this second one doesn't work. It isn't that I doubt what you say it is simply a lot to consider.

Also I have never heard of Marc Ellis so I don't know if I have talked with him or not.

[Darnell 8,478]

Oh, you'd know if you've talked with Marc Ellis or no.

---

For now, maybe ramp up for plan for travel to marry, then file I-130.

But make plan for now, go in 45 days or so.

In the meantime, slow down, study yer prior posts, look at exactly what they dinged her on, on interview day (yes, it's there, you wrote about it).

And try really frickin hard, to make sure that snafu not happen on any subsequent filing.

[Casprd 167]

Money sent from the USC to the Chinese petitioner isn't necessarily a red flag. In most cases they want to see this money as it shows support for the foreign fiancee or spouse.

In general the K-1 seems to get more denials and the VO's are very sceptical of fiancee visa's from everything I have read. Some other things you need to look at are has she ever applied for any kind of visa to the US before? Does she have relatives in the US? And surprisingly what province is she from? The first two seem to have a negative impact on K-1 visas and some provinces are considered high fraud in China (strange but true). Yes hesitating or saying "I'm not sure/I don't know" are a seeming death blow during the interview. The VO's seem to ask trip up questions that they have no way of knowing the answer but the Spouse/fiancee should know. In our case it was what is his favorite food. Silly but given the amount of visa fraud around the world, a lot of legitimate relationships get caught in the crossfire.

I would recommend refiling a CR-1 and be prepared for it to take a lot longer than normal. A friend of mine was denied on their first petition and filed for a spousal visa and it took about 12 months to go through. I don't think another K-1 will make a difference at this point.

[shaung 4]

Well after long talks and looks I have come to the conclusion that the divorce papers are actually missing. I was only suspicious of it at first.

I won't be able to go back within 45 days. Work won't let it happen. The earliest I can go will be the week of Thanksgiving. So we are making plans for me to go then and we will get married in China which is what I should have done in the first place.

I have been thinking about hiring a good lawyer to see if he can fix the K-1 even though it has expired. I know she missed a lot of questions up when they upset her about my divorce when all they had to do is to ask for a copy of the papers or check with NVC to see that they had legal copies of the papers.