K1/2 denial in Guang-Zhou

[TracyTN 237]

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[TinTin and Samby 11]

Visited http://www.candleforlove.com but found nothing about white slip or denial fighting. If you know the addresses, please post them. Thanks.

Selena, I can appreciate the difficulty of English not being your first language. Because of that, you really need to try harder to search, read and listen when asking for help. I have never been on CandleForLove.com until 1 minute ago, but in my first search on that site, there appear to be literally hundreds of posts there on White Paper Denials re Findings of non Bona Fides of Relationships as well as attorneys with experience in the GZ Consulate.

May I suggest starting with this thread here: http://candleforlove.com/forums/index.php?showtopic=30084. There are several attorney names listed for your situation and some have member reviews/recommendations.

Good luck to you and your fiance. I wish you all the best.

Warm Regards,

Samby

[pushbrk 13,627]

Thanks to all of you. Your feedbacks are important for us. Very likely, I need re-apply again. Please provide your advise:

1) Which road I should go? K1 again, or K3, or CR-1?

2) In my next application, should the K2 (19 no) be included?

3) If K1, can I re-file now or after I make a trip to GZ?

Thanks again. Good luck to all of you!

I would definitely take a trip and save all your proof and take tons of pictures.

You could get married and then file for a spousal visa..that may be more convincing than re-doing the K1. I've seen success stories where people have done just that.

Refiling now without having any more additional proof and especially not seeing one another in almost 2 years....

I think it's best if you make that trip.

Best of luck!!!

Good advice but there are a couple problems.

First, you must understand why you failed the first time. I suspect it has to do with your past relationship to some extent. If you are also Chinese with family members in both countries, that will have been a factor. If your fiance is from Fujian province, that will make things more difficult. If you both are, even worse.

Second, you have an age problem with the 19 year old. He/she cannot be considered your step-child because you cannot marry the mother before the 18th birthday. They could get a K4 visa but not a CR2, however they would not be eligible to adjust status after arrival. The child might come temporarily but would have to return to China unless they managed a student visa or married a USC while here.

If your relationship is indeed, bona fide I'd pull out all the stops to get the attorney working yesterday, so the K1/K2 gets reconsidered favorably. A 19 year old can adjust status from a K2 visa but not from K4.

[youtube 0]

Thanks to all of you. Your feedbacks are important for us. Very likely, I need re-apply again. Please provide your advise:

1) Which road I should go? K1 again, or K3, or CR-1?

2) In my next application, should the K2 (19 no) be included?

3) If K1, can I re-file now or after I make a trip to GZ?

Thanks again. Good luck to all of you!

I would definitely take a trip and save all your proof and take tons of pictures.

You could get married and then file for a spousal visa..that may be more convincing than re-doing the K1. I've seen success stories where people have done just that.

Refiling now without having any more additional proof and especially not seeing one another in almost 2 years....

I think it's best if you make that trip.

Best of luck!!!

Good advice but there are a couple problems.

First, you must understand why you failed the first time. I suspect it has to do with your past relationship to some extent. If you are also Chinese with family members in both countries, that will have been a factor. If your fiance is from Fujian province, that will make things more difficult. If you both are, even worse.

Second, you have an age problem with the 19 year old. He/she cannot be considered your step-child because you cannot marry the mother before the 18th birthday. They could get a K4 visa but not a CR2, however they would not be eligible to adjust status after arrival. The child might come temporarily but would have to return to China unless they managed a student visa or married a USC while here.

If your relationship is indeed, bona fide I'd pull out all the stops to get the attorney working yesterday, so the K1/K2 gets reconsidered favorably. A 19 year old can adjust status from a K2 visa but not from K4.

why is Fujian province a problem?

[pushbrk 13,627]

Thanks to all of you. Your feedbacks are important for us. Very likely, I need re-apply again. Please provide your advise:

1) Which road I should go? K1 again, or K3, or CR-1?

2) In my next application, should the K2 (19 no) be included?

3) If K1, can I re-file now or after I make a trip to GZ?

Thanks again. Good luck to all of you!

I would definitely take a trip and save all your proof and take tons of pictures.

You could get married and then file for a spousal visa..that may be more convincing than re-doing the K1. I've seen success stories where people have done just that.

Refiling now without having any more additional proof and especially not seeing one another in almost 2 years....

I think it's best if you make that trip.

Best of luck!!!

Good advice but there are a couple problems.

First, you must understand why you failed the first time. I suspect it has to do with your past relationship to some extent. If you are also Chinese with family members in both countries, that will have been a factor. If your fiance is from Fujian province, that will make things more difficult. If you both are, even worse.

Second, you have an age problem with the 19 year old. He/she cannot be considered your step-child because you cannot marry the mother before the 18th birthday. They could get a K4 visa but not a CR2, however they would not be eligible to adjust status after arrival. The child might come temporarily but would have to return to China unless they managed a student visa or married a USC while here.

If your relationship is indeed, bona fide I'd pull out all the stops to get the attorney working yesterday, so the K1/K2 gets reconsidered favorably. A 19 year old can adjust status from a K2 visa but not from K4.

why is Fujian province a problem?

China is a high fraud post. Fujian Province produces far more that its share of that fraud.

[GabiandVi 34]

How many phone bills, emails, letters? - A lot; phone bills list our conversations about 3-7 hrs./wk; > 10 mails, a lot of emails; the copies of 4 checks ($2500 to support my fiance's daughter's education)

Did they cover the entire period of your purported relationship? Yes.

Did you have proof of your last visit there, included in your evidence? Yes. Air tickets, visa to GZ

Did you include photos of you together? Yes.

Do you chat online? Not

Did you show proof of that? Yes. But the Officer only briefly viewed them.

These are the types of details that you should keep in mind, in figuring out if your evidence is sufficient. Obviously, officer B was not convinced....and not convinced enough to deny you outright. Are there any so called 'red-flags' in your situation, other than the fact that you haven't visited your fiancee in 18 months? - I had K3 marriage case before. But the ex-ife returned to China 2+ yr. ago. The officer asked it, and my fiance presented the documents.

I hope you don't take this in the wrong way, but your grammar suggests that perhaps you are not a native speaker of English. Is this so? I only ask because perhaps something in the way you gained citizenship might have bearing on this case. If I am wrong, I sincerely apologize.

[selena 0]

Thanks to all of you who very kindly provide your valuable advices. I just got a message from GUZ:

The decision has been made by a consular officer to return the case file to USCIS for review and possible revocation. Once this decision has been made, the Consulate will no longer accept evidence submitted in

support of the petition. If USCIS will need to see additional evidence, USCIS will contact you. If USCIS reaffirms the petition and returns it to the Consulate, the Consulate will likely request additional evidence

from the beneficiary.

I have to work with USCIS again. Please provide your advices. Thanks again.

[pushbrk 13,627]

Thanks to all of you who very kindly provide your valuable advices. I just got a message from GUZ:

The decision has been made by a consular officer to return the case file to USCIS for review and possible revocation. Once this decision has been made, the Consulate will no longer accept evidence submitted in

support of the petition. If USCIS will need to see additional evidence, USCIS will contact you. If USCIS reaffirms the petition and returns it to the Consulate, the Consulate will likely request additional evidence

from the beneficiary.

I have to work with USCIS again. Please provide your advices. Thanks again.

The advise is the same as before. Get an attorney the day before yesteday and get this turned around. Yes, in spite of what the above message says. I take it that message is in response you your request about sending additional evidence. They won't do that from you. You need the attorney. This is your one opportunity.

If they indeed do send the file back, USCIS generally takes the easy way out and simply lets the approved petition's expiration stand, since it will have expired months before. Maybe they'll do that sometime in 2009.

Act now.

[selena 0]

A friend, also an immigration layer, told me that no change to win in the hearing since USCIS respects Consulate's decision. Besides, it ill be very time-consuming and costly. An alternative approach is to re-apply. We don't know which direction we should go. Hopefully can get some advice from you. Thanks.

[selena 0]

As post, our K1 application failed. As an IT professional, I always count such a problem: a software fails to work. Usually, it is so difficult to find the problem and then fix it. The normal practice is to uninstall the existing one and then run the install by following the procedure step by step. Is this approach applicable in the K visa processing?

[Brian & Kathy 0]

Selena, You are NOT listening to the advice given here and you ARE running out of time!

Any future visa can and will run into the same problem as your K1 is experiencing now. You don't know what the problem is, but the consulate thinks it is a BIG problem as they outright denied the K1 and basically accuse you of fraud. They won't forget about this problem and it will STILL be a BIG problem on another visa type! Meaning, 'reinstalling' won't help.

Listen to Pushbrk. Do as he says. Get a lawyer in GUZ and prevent the consulate from sending your petition back to USCIS! You DO NOT want it to go back to USCIS, once it goes back to USCIS, it becomes soooo much more difficult. You only have this opportunity for a short time and you'd better take it! Do you understand?

step 1. Stop everything you are doing and get a lawyer in GUZ

step 2. Have that lawyer prevent the case from being sent back.

You can find a list of lawyers and experiences on candleforlove. You have to get serious and act now.

The advise is the same as before. Get an attorney the day before yesteday and get this turned around. Yes, in spite of what the above message says. I take it that message is in response you your request about sending additional evidence. They won't do that from you. You need the attorney. This is your one opportunity.

If they indeed do send the file back, USCIS generally takes the easy way out and simply lets the approved petition's expiration stand, since it will have expired months before. Maybe they'll do that sometime in 2009.

Act now.

[pushbrk 13,627]

Selena, You are NOT listening to the advice given here and you ARE running out of time!

Any future visa can and will run into the same problem as your K1 is experiencing now. You don't know what the problem is, but the consulate thinks it is a BIG problem as they outright denied the K1 and basically accuse you of fraud. They won't forget about this problem and it will STILL be a BIG problem on another visa type! Meaning, 'reinstalling' won't help.

Listen to Pushbrk. Do as he says. Get a lawyer in GUZ and prevent the consulate from sending your petition back to USCIS! You DO NOT want it to go back to USCIS, once it goes back to USCIS, it becomes soooo much more difficult. You only have this opportunity for a short time and you'd better take it! Do you understand?

step 1. Stop everything you are doing and get a lawyer in GUZ

step 2. Have that lawyer prevent the case from being sent back.

You can find a list of lawyers and experiences on candleforlove. You have to get serious and act now.

The advise is the same as before. Get an attorney the day before yesteday and get this turned around. Yes, in spite of what the above message says. I take it that message is in response you your request about sending additional evidence. They won't do that from you. You need the attorney. This is your one opportunity.

If they indeed do send the file back, USCIS generally takes the easy way out and simply lets the approved petition's expiration stand, since it will have expired months before. Maybe they'll do that sometime in 2009.

Act now.

From non-commissioned officer's manual.

When freezing to death a man feels overcome with sleepiness and stupor. Take a switch or stick and beat him unmercifully...

Selena,

You're freezing to death and we're beating you with the biggest stick we can use on the internet. Please pay attention because you're on the verge of freezing to death.

A Consular officer has judged your case to be fraudulent. USCIS will do nothing to help you. You must help yourself.

If you reapply, the problem will not go away. Deal with it now, today. If you have to get on a plane and fly to Guangzhou to hire the attorney, do it. Do it now.

Or, just accept the decision. Your responses here have me pretty well convinced me the Consular officer was right anyway.

Edited March 28, 2008 by pushbrk

[Zee Bee 61]

A friend, also an immigration layer, told me that no change to win in the hearing since USCIS respects Consulate's decision. Besides, it ill be very time-consuming and costly. An alternative approach is to re-apply. We don't know which direction we should go. Hopefully can get some advice from you. Thanks.

Many on this website have managed to get a visa after the decision of a CO to return a petition to USCIS. What you need to do is take Pushbrk's advice. Once it gets back here, it becomes a million times harder.

[selena 0]

All of your advices are greatly appreciable. However, GUZ just responded me that the petition is to be returned. I post it in the morning, and the email is post below again:

The decision has been made by a consular officer to return the case file to USCIS for review and possible revocation. Once this decision has been made, the Consulate will no longer accept evidence submitted in

support of the petition. If USCIS will need to see additional evidence, USCIS will contact you. If USCIS reaffirms the petition and returns it to the Consulate, the Consulate will likely request additional evidence

from the beneficiary.

The lawyer in GUZ also said no solution if it is decided for returning. We really don't know how to do next.

Thanks to all of you.

[Brian & Kathy 0]

Talk to a different lawyer. Find a lawyer next to the US consulate, they are the experts you need. You can do something now, so long as the petition hasn't left. They intend to return it, but a good lawyer will be able to keep it in GUZ and allow you to submit more evidence.

Edited March 28, 2008 by Brian & Kathy