K1/2 denial in Guang-Zhou

[selena 0]

Unfortunately, my K1 and my daughter's K2 (who is 19) visa got denied about 10 days in Guang-Zhou, China, even though the documents w prepared were sufficient. Since my finance (USC) only visited me once in the last 1.5 years, it might give the officer bad impression.

The reason was follows:

Frequently Asked Questions About Refusals Under Section 5A

What does it mean that my family member’s petition was refused under Section 5A?

When a family/relationship-based petition has been refused under section 5A of the Immigration and Nationality Act (INA), it essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law. (Note: for K visas where the officer has determined that the relationship is not bona fide, section221 (g) is more typically the grounds for refusal.)

I discussed with my finance (USC) how we should do next. Some friends have recommended 3 options: 1) re-apply K1 (no K2 this time) again; 2) get married and then apply K3; 3) get married and then apply CR-1.

If you read this message and have some idea, would you please have your recommendation? Thanks.

[pushbrk 13,625]

Unfortunately, my K1 and my daughter's K2 (who is 19) visa got denied about 10 days in Guang-Zhou, China, even though the documents w prepared were sufficient. Since my finance (USC) only visited me once in the last 1.5 years, it might give the officer bad impression.

The reason was follows:

Frequently Asked Questions About Refusals Under Section 5A

What does it mean that my family member’s petition was refused under Section 5A?

When a family/relationship-based petition has been refused under section 5A of the Immigration and Nationality Act (INA), it essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law. (Note: for K visas where the officer has determined that the relationship is not bona fide, section221 (g) is more typically the grounds for refusal.)

I discussed with my finance (USC) how we should do next. Some friends have recommended 3 options: 1) re-apply K1 (no K2 this time) again; 2) get married and then apply K3; 3) get married and then apply CR-1.

If you read this message and have some idea, would you please have your recommendation? Thanks.

The real experts on Guangzhou denials are here. http://www.candleforlove.com

Was the paper your were given white or blue? What did the actual notice say? Please be as complete and detailed as possible.

It's going to be more difficult to convince a Consular officer your relationship is bona fide when there have been no visits in 18 months. What kind of ongoing relationship did you provide?

Edited March 24, 2008 by pushbrk

[selena 0]

Given a write paper. Was told that it is really bad.

[youtube 0]

yes white paper really bad.

what did it say?

you need to reply to it otherwise you will be banned forever.

good luck

[NCWife 0]

If possible, please do provide us more details...

I think I might be in the same situation. I have not seen my fiance for 15 months but we have met each other twice within the two years period.

Cheers

[BigCityDave 0]

yes white paper really bad.

what did it say?

you need to reply to it otherwise you will be banned forever.

good luck

Ouch that sounds horrible. I hope this can be worked out without being banned forever.

Maybe having the Petitioner present during the interview might help?

Edited March 26, 2008 by BigCityDave

[selena 0]

The hite paper said:

When a family/relationship-based petition has been refused under section 5A of the Immigration and Nationality Act (INA), it essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law. (Note: for K visas where the officer has determined that the relationship is not bona fide, section221 (g) is more typically the grounds for refusal.)

My fiance wrote letters to GZ and NVC. NVC transferred to GZ. But GZ has not replied. Per the decision, the application would be returned to local INS. And then we can appearl. We were told that appealing would be useless. Best soution would be re-file K1 or K3 (afetr got married).

Appreciate any feedback.

[Brian & Kathy 0]

As pushbrk said, go to http://www.candleforlove.com if you haven't already. Make a post giving all the details you can remember such as the questions asked, the words on the white slip, and such. There are several couples on that forum fighting white slips as well.

I'm not sure if it is too late now, but you quickly as possible want to contact a lawyer in GZ if you want to pursue the K1 still. The intention is to keep the petition and files from being sent back to the states. A white slip means they intent to send the petition back to the states, recommending it is revoked.

The K1 is not forgotten, you'll need to respond to it in some fashion instead of forgetting it never existed and applying for K3 or CR-1. Again, go to candle for love and you'll find much more details information.

Edited March 26, 2008 by Brian & Kathy

[selena 0]

Thanks for your post. We sent letters to claim that our relationship is sincere. What else we should do? Apply K1/K3 again now or wail till the files return to local USCIS?

[pushbrk 13,625]

Thanks for your post. We sent letters to claim that our relationship is sincere. What else we should do? Apply K1/K3 again now or wail till the files return to local USCIS?

We cannot help you unless you answer the questions asked. Letters claiming your relationship is bona fide are not what is needed.

I asked you what evidence you presented at interview to show your relationship is ongoing and real. You didn't respond. Why not?

You can hire an attorney in Guangzhou immediately to attempt to get your application reconsidered before it is actually returned to the US. If you don't do that, you'll have to clear the K1 case before you can obtain a spouse visa. Also, you'll be facing the same need to show evidence of a bona fide ongoing relationship for any future spouse visa case.

Why is your US Citizen husband not here dealing with this?

[selena 0]

I am the USC and have done all of the responses (letters). Per my fiance said, our documents prepared were sufficient. The visa officer did not list any evidence, an just had the feeling based on my pervious marriage (a K3 case but my ex-wife returned to China 2+ yrs. ago). The visa officer did not allow my fiance to explain anything. I will ask my fiance to try if she can find lawyer in GZ. Do you have suggestion? Thanks.

[selena 0]

More ... In the interview, my fiance (and her daughter) submitted all of the required documents. One question asked why the USC only visited once in the 1.5 yrs. My fiance tried to explain but the officer did not want to listen. My fiance's daughter asked why for the denial, the officer gave the white slip which shos "refused under Section 5A" (it essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law. (Note: for K visas where the officer has determined that the relationship is not bona fide, section221 (g) is more typically the grounds for refusal.)

[pushbrk 13,625]

More ... In the interview, my fiance (and her daughter) submitted all of the required documents. One question asked why the USC only visited once in the 1.5 yrs. My fiance tried to explain but the officer did not want to listen. My fiance's daughter asked why for the denial, the officer gave the white slip which shos "refused under Section 5A" (it essentially means that the consular officer has made a determination that the underlying relationship is not bona fide and was instead formed in an effort to circumvent U.S. immigration law. (Note: for K visas where the officer has determined that the relationship is not bona fide, section221 (g) is more typically the grounds for refusal.)

The fact that you are rationing little details causes me to conclude there's more about your previous relationship and reasons for not visiting in 18 months that were used in this determination. I've long held the opinion that cases are reviewed in detail prior to the interviews in Guanzhou with red flags noted and game plans in place before interviews begin. I suspect some series of issues in your case led the IV unit to suspect marriage for immigration benefit. I keep asking you about evidence of ongoing bona fide relationship and you continue to respond saying your submitted papers were sufficient. There must have been some sort of discussion or exchange of information for the officer to be aware of you not visiting.

An attorney may be able to help you but since the issue is bona fides, you'll need evidence. What do you have that will demonstrate you have an ongoing bona fide relationship with your fiancee? Do you have emails, phone records etc.?

Frankly, your correspondence in this thread, as compared to others reporting denials, is consistent with the Consular officer's conclusions.

Edited March 27, 2008 by pushbrk

[selena 0]

I could not make an additional trip due to multiple reasons (e.g. frequent job changes and took care of my son who was under 18). We had sufficient documents of emails, photos, mails, phone bills. Thanks for your more suggestion.

[selena 0]

Additional: The fact of limited visit was not presented till the face interview. My fiance interview as arranged on Friday. All of the three cases ere denied.