Tragedy! Visa Denied!

[Palladin 18]

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.

The second paragraph was wrong. K-1 petitions expire. But CR1 petitions never expire.

Is it so that denied cases be send back to USCIS are routine? Don't they have Administrative Review to make sure the interview and review of case file was conducted appropriately. If I poke a hole and point out that the interview itself was not done properly, then it should throw out the whole decision. That's what I try to do now to get they to re-consider.

[cmeperform 0]

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!

Yes, I pray for miracle for you two

[Dave and Kinnari 31]

The second paragraph was wrong. K-1 petitions expire. But CR1 petitions never expire.

That's correct.

[Palladin 18]

Actually they say it's Administrative Processing, not Administrative Review. There may be some difference.

[Ryan H 3,812]

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.

Approved spousal visa petitions never expire, refiling isn't an option.

[Palladin 18]

I am going to Guangzhou next week. I am going to go and ask them are they blind?

I bought my wife, then my fiance a Valentine gift which is an Omega Watch. We married soon after. On the interview day I tell her to wear the watch I bought her. How many of you guys would spend that kind of money to buy your wife an Omega Lady's watch. If that does not demonstrate a bona fide relationship I don't know what does.

[LiveLaughLove 2]

Palladin, my heart goes out to you both. I will keep you in my prayers.

[Taurusgirl 1]

I am going to Guangzhou next week. I am going to go and ask them are they blind?

I bought my wife, then my fiance a Valentine gift which is an Omega Watch. We married soon after. On the interview day I tell her to wear the watch I bought her. How many of you guys would spend that kind of money to buy your wife an Omega Lady's watch. If that does not demonstrate a bona fide relationship I don't know what does.

I understand how you feel, be patient and you will get through this. I send you my prayer

[pushbrk 12,881]

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.

Appeals through a Congressman or Senator are certainly worth a try. You asked earlier about filing a new petition. You do NOT do that until or unless the approval of the current petition is revoked. You don't need a new petition. You need a second interview. You need qualified professional help from somebody with whom you can share all the details of your case, in confidence.

[pushbrk 12,881]

I am going to Guangzhou next week. I am going to go and ask them are they blind?

I bought my wife, then my fiance a Valentine gift which is an Omega Watch. We married soon after. On the interview day I tell her to wear the watch I bought her. How many of you guys would spend that kind of money to buy your wife an Omega Lady's watch. If that does not demonstrate a bona fide relationship I don't know what does.

If you don't understand already, please be advised that it is primarily the foreigner's motives in question, so not so much yours. In this case, I think they are questioning both but buying her a watch is not going to do anything to change their opinion about HER motives.

[Palladin 18]

If you don't understand already, please be advised that it is primarily the foreigner's motives in question, so not so much yours. In this case, I think they are questioning both but buying her a watch is not going to do anything to change their opinion about HER motives.

This is precisely what went wrong in the interview. I knew full well my wife is very reluctant to move to America. We had several long conversations where she said she was scared of the perspect of moving to a foreign country and I was the one trying hard to persuade her she will like this country and she will learn English. We have all the internet chat logs to show that she never intended to get a green card through marriage. I would not have allowed myself to be used that way. I wanted a loving wife and I wanted a normal family.

My wife is partly to be blamed, due to her reluctance to move to America, and her wrong assumption our case is an easy one, she was rather reluctant to prepare for the interview at all. The officer is also to be blamed. He did not conduct the interview effectively at all. There was a communication break down, especially as it went through an incompetent interpreter who probably injected her stereotyping into the translation as well.

I understand it is HER motive that is more important to the Consulate. I have plenty of evidence to show her true motive is to be with me and to live a happy life with me, and nothing else.

[Rebecca Jo 1,962]

Appeals through a Congressman or Senator are certainly worth a try. You asked earlier about filing a new petition. You do NOT do that until or unless the approval of the current petition is revoked. You don't need a new petition. You need a second interview. You need qualified professional help from somebody with whom you can share all the details of your case, in confidence.

[Palladin 18]

The use of an interpreter is a big issue I want to argue. My wife could not speak whol sentences through the interpret due to the pause and repeat needed when things have to be translated. This is preceived by the visa officers as having poor knowledge in the relationship between the two. I am traveling to Guangzhou to try to meet with them.

[pushbrk 12,881]

The use of an interpreter is a big issue I want to argue. My wife could not speak whol sentences through the interpret due to the pause and repeat needed when things have to be translated. This is preceived by the visa officers as having poor knowledge in the relationship between the two. I am traveling to Guangzhou to try to meet with them.

In most situations in Guangzhou, the Consular Officer speaks directly to the applicant in Mandarin. Do you know why this was not the case for your wife's interview? Does she speak some other dialect etc.?

[Palladin 18]

In most situations in Guangzhou, the Consular Officer speaks directly to the applicant in Mandarin. Do you know why this was not the case for your wife's interview? Does she speak some other dialect etc.?

My wife speaks perfect Mandarine. I know most VO speaks Mandarin, but my wife was assigned the male officer wearing a pair of glass, one of the only two who doesn't speak Mandarin, the other is the Arabian woman.

Questioning through an interpreter is deeply troubly to begin with. In visa interviews what the VO is interested in is not the precise answer, but to test the extend and elaboration that an interviewee could describe a topic, demonstrating the knowledge. When you speak through an interpreter, you must pause every half a sentence, wait for the interpret to finish, and then when you try to continue your sentence you don't know where you were. Most likely the VO just listened to part of your answer and simply move on to the next question, not allowing to finish your answer. So at the end you give the VO the wrong impression that you could talk very little.

Or you can choose to talk a lot and never give a pause to allow the interpreter to translate your sentences. But the time you finish you find that the interpret translated none of what you said, or translate them totally wrong.

Very disturbing! NEVER use an interpreter, or you get a visa denial like my wife did!

Oh, the interpreter probably DID interpret some of my wife's answer wrong.

For example my first trip to China to visit my wife took 12 days in China. My wife answered "Yi Ge Duo Xing Qi", or "one week and extra", meaning more than one week but less than two weeks. The interpreter would most likely translate it to "a week or so", meaning one week, plus or minus a few days, or average 7 days. Or it could even be translated as if my wife said ""Yi Ge Xing Qi", one week.

In carefully going through all my wife's answers, I find no essential mistakes at all.

The VO had NOT asked her any question beyond her knowledge which she had to say "I don't know". My wife never once had to say "I don't know". If the VO had not probed beyond the limit of my wife's knowledge, how could the VO claim that my wife has poor knowledge on things relevant to the relationship? That's BS.