Tragedy! Visa Denied!

[aguilayserpiente 2]

I am very sorry to hear about the awful experience. The questions regarding your ex- wife sounds suspicious. Many people are reluctant to talk about a past, negative relationship. Please feel free to contact your Senator or Congressperson and share with that person what an emotional and financial hardship this is plus how your fiancée was asked nonsense questions about your divorce and ex-wife. Don't give up and press your Senator or Congressperson.

I know this is a difficult thing to ask but if you could please post those questions in a separate thread? Stay strong.

[Shenzhen 34]

What fraud?

I am not a welfare receiver willing to get paid to sleep with a girl for two years to get her a green card.

For crying out loud I have six figure income and just want to have a normal family. The last thing I want is be used by some one to get a green card. There is true love between me and my wife. If I had scrutinized our relationship plenty of times over a year to make sure there is no marriage fraud, what do they have to say in 10 minutes of quiz!

Those VOs are a bunch of idiots! They want to detect fraud, fine. But at least they need to give honest people a chance to clarify things and remedy whatever they suspected during interview. It's unfair to outright denial and then send the files back to USCIS to sit in the dust for two years, without giving people even a chance for rebuttal.

What happens to Administrative Review by senior officer which is supposed to be done on every denial cases?

I am sorry for you two. She needs to be extremely prepared for that day.

A girl that was in line for the interview with my wife back in May also got denied. Her husband is is Chinese living here and running a restaurant in NYC. She is still waiting to hear something. MY wife passed and I hired a lady to help her prepare for the questions and paperwork. I didn't want to leave anything to chance. We were lucky I did that. I didn't know filing for a tax extension would guarantee a blue slip. I had less than 2 weeks to get the taxes filed and the papers to her. I was freaking out I sent it express mail she got them the Thursday before following weeks Tuesday interview. Read how my interview went that's why my wife took the trouble to write it out. Good luck you have a long wait now.

[MalaysianGirl 26]

I totally agreed with it. My fiance is never married but I don't like to hear about his exes, past romances, old stories, etc..etc. So why this would be up as a question? I feel for your wife and your sadness over this. Hope you find a way to resolve these clutters on your own. Good luck

IMO, I'd rather know about my ex's previous relationships than not know, because it means he trusts me about his past. But to each his/her own!

[Shenzhen 34]

I side with you as well. I re-read the questions he posted and they barely asked any question about your ex-wife.

I brought the question about the age... is it an issue with China? I am not sure. Is there quite a bit of an age difference between you two...more than 10-15 years?

Age is not really an issue my wife is 18 years younger than me. Knowing the ex-'s SSN stuff like that. They may even want to know where the ex lives. Mine moved several times and would not tell me where she is located. Also knowing everything about my family lots of brothers and sisters it's a lot to know and she had no idea she needed to know all this stuff.

[MalaysianGirl 26]

To OP: I would suggest more trips to visit her (as I agree with some others here that the fact you didn't visit her after the wedding is a red flag somewhat). Also, I would suggest you be with her at the next interview if she is granted one.

All the best.

[TeapotGirl 66]

So advise, concentrate on China forums about spousal visa. Have your wife participate on the research too. One country varies from one another.

That sucks but it's ok. I'm sure you'll make it next time.

Philippines is a high fraud country as well but I got a friend who's in an online relationship with her husband then for just 9mos, the guy came here everything is prepared already for them to marry. The guy just need to show up and literally say "i do". He stayed here for 3 weeks and it's his first and last trip. I think the guy even used co-sponsor because he's not making much as a janitor even living with his parents.

They made it anyway even if it took a year and a half since marriage to fly out of the Philippines. No denial, no retry.

Edited November 3, 2011 by teapotgurl1983

[Girl from Celebes 588]

IMO, I'd rather know about my ex's previous relationships than not know, because it means he trusts me about his past. But to each his/her own!

I agreed. My fiance really trust me that's why he opens up about everything. I mentioned it in another thread that even if a drop of water coming out from the hole, he would going to tell me at all. I know he doesn't do that in purpose to tell about his exes, but again, each to their own, I would ask what I wanted to know, not that I don't wanted to know.. Exes mean past and I live my life in present and future.

[tphatak 0]

To OP: I would suggest more trips to visit her (as I agree with some others here that the fact you didn't visit her after the wedding is a red flag somewhat). Also, I would suggest you be with her at the next interview if she is granted one.

All the best.

OMGGGGGGGG!!!!!!!!!!!!!!! My husband has not visited me since after the wedding. We have not met in the past 8 months. Is that really going to reflect adversely on our case?

[MalaysianGirl 26]

OMGGGGGGGG!!!!!!!!!!!!!!! My husband has not visited me since after the wedding. We have not met in the past 8 months. Is that really going to reflect adversely on our case?

Hi tphatak, I don't know what your story is, so I cannot say if it will adversely affect your case.

I was only suggesting to the OP (based on his post #51 on page 4) to visit his wife more, since they have already been denied the visa and he wants to fight his case (in whichever way he decides). In his case, he only visited her twice, once to meet and the other to get married. He did not return after the wedding. His two visits also weren't very long. To the CO, this may be a red flag.

[Alberto&Asni 0]

I'm sorry to hear about the denial - i hope you'll find a solution for all these! Don't give up!!

Unfortunately my wife did not pass the visa interview. She waqs denied for non-bona fides relationship.

I just could not believe it!

I should have known. I did not make enough effort to urge my wife to spend time preparing for the interview. The VO is probably not very satisfied with some of her answers.

I will have to spend a lot of efforts to fight this now.

[Palladin 18]

Looks like my case is going through Administrative Review in US Guangzhou Consulate, before it will be returned to USCIS. There is opportunity for me to get some support evidences to them, maybe via the help of my Congressman.

Question: Are there precedences that they do an Administrative Review and then they found their decision is wrong, and reverse the decision for a second interview? Do such precedences happen? Or do they simply stick to their gun, once a decision is made, a denial is a denial and is final, and they won't reverse it, and that they would still send the files back with a recommendation to USCIS to revoke the case, knowing full well that their decision was wrong as discovered in Administrative Review. If they do so wouldn't it constitute one Federal Agency knowingly lie to another Federal agency?

Any one know the answer? If the answer is yes they some times do reverse decision, then I have hope. Otherwise looks like I will have to wait to fight a NOIR.

[Palladin 18]

OMGGGGGGGG!!!!!!!!!!!!!!! My husband has not visited me since after the wedding. We have not met in the past 8 months. Is that really going to reflect adversely on our case?

I really wanted to visit my wife during the summer, but for one reason after another I could not make the trip. In hindsight, knowing it could cause such a big red flag I should have visited her more often, at all cost.

[Dave and Kinnari 31]

OMGGGGGGGG!!!!!!!!!!!!!!! My husband has not visited me since after the wedding. We have not met in the past 8 months. Is that really going to reflect adversely on our case?

I haven't been able to travel back to India since I got married this past February. I had an arranged marriage (Indian local custom). From meeting my wife the first time to getting married was 1 month and 3 days and from marriage until I came back to USA was one day shy of a month. I was not able to go back to visit her as I am in an accelerated nursing program and my curriculum does not have school breaks long enough to even attempt a visit to India.

It's been 7.5 months since we last have seen each other.

As long as you have solid paper trail of bonafide evidence you should be good to go.

If you had an arranged marriage I would not even worry about it.

Edited November 3, 2011 by Dave and Kinnari

[Palladin 18]

At least I get some confirmation from CONGUZ that they are doing Administrative Review on my wife's case, and will not send the files back to USCIS so soon.

What I plan to do is to fight at this Administrative Review stage. Supposedly they should review how the interview was done, any thing unusual during the interview and all that. They are not at liberty of accepting new case evidence documents. But I figure I can question and challenge the interview itself as ineffective.

Principlely, a sophisticated VO should ask the right question to get the right information from the applicant that he/she needs to draw conclusion. If the questioning is done right, he/she would not conclude the relationship is non-bona fide, when it indeed is nona fide, vise versa. The right questioning should leads to FACT, not a speculative conclusion which contradicts the fact.

I think I discovered a few big issues with my wife's interview, even though the questions seem innocent. I will not discuss them here.

But I would ask folks opinion, what kind of questioning or interviewing practice would be considered by them as no good and should be avoided?

Let me give one example, the VO starts to ask the applicant to describe a specific topic and so the applicant began to talk about that topic. However the VO interrupted the applicant, either explicitly, or even by mere hint. And then VO noted on the interview report that the applicant is unfamiliar with that specific topic. This would seem to be totally unfair, because the VO did not give the applicant the opportunity to demonstrate his/her familiarity of the topic in question. This is just one example.

Are there other examples you guys can think about that the VO is not doing the interview right?

All these put together could force an Administrative Review office to rule that the interview was ineffective, and thus reverse the decision and hopefully schedule another interview. Can that be achieved?

One lawyer told me that she heard that CONGUZ did a decision reversal just once as far as she knows. How dismay! I hope miracle can happen!

[az110965 252]

I front loaded the petition and application with so much documents of evidences that I thought this is an easy case.

I should have pushed my wife to spend a lot more time to prepare and memorize details information related to my family etc.

They scrutized my wife for 10 minutes on questions related to my ex-wife, which she totally wasn't quite prepared. She just never was interested in knowing too much details of my ex-wife. She knoew how we divorced and when it happened, but she wasn't really interested in knowing all the personal information of my ex-wife.

It's rather ridiculous they would quiz her on my ex-wife, instead of quiz her on events in our relatiship, which is more relevant.

Now how do I get the case to stay in the Guangzhou Consulate and get a second chance?

Typically you don't get another chance to have the petition stay at the Embassy, especially in cases where proof of bonafied relationhip are questioned.

The case in all likely-hood will be sent back to USCIS, where it will most likely die from expiration. Your best bet will be to reapply and THIS time overcome the obstacale that caused the denial on the first interview.

Sometimes, just reapplying will help in the fact that the Consulate will see this as a sign of a true relationship, but I would not leave anything to chance. Front load your petition again, but also provide as much documentation and evidence of bonafieds this time around.

Preparation of your wife will be key (especially at the Embassy you are interviewing at) and NEVER assume that yours will be an "easy case"...

Good luck and sorry to hear about your denial.