K1/2 denial in Guang-Zhou

[KimandRuss 0]

I'm so frustrated! Let's try this again....

Selena...

The email you got from the consulate (the one you keep posting) is a standard response stating what you already knew. It means nothing more than what you already found out at the interview. This is a common occurance in GAZ. So much so that there is an entire forum (candleforlove) dedicate to it to help people just like you. They are the people you should be talking to but I fear you will not absorb the information you are getting...like you're doing here.

What the kind people here are TRYING to tell you is that YOU have an opportunity to STOP the petition from going back to the USCIS for possible revocation. IF you hire a lawyer IMMIDIATELY... explain your situation... he/she will try to get the GUZ to NOT send your peition back and instead... get them to look over all of your evidence again.... maybe ask you to submit more. Fight on your behalf... give you another chance....

Don't you think that hiring a lawyer and attempting to stop this petition from getting sent back and revokated is worth a shot? It doesn't matter what one person told you. There are literally hundreds of others in that forum alone saying differently.

It's up to you now. If you are truly in love and want to be here for the right reasons then you need to fight for it.

Another petition is not going to help you. Getting married..is not going to help you. Waiting a while and trying it all over again...is not going to help you.

A LAWYER... is going to help you!

Since English is not your first language perhaps you should direct your fiance to candleforlove and perhaps ask him to visit this thread as well.

First thing you need to do is get a lawyer familiar with GAZ and fight to keep your petition in GAZ and not have it returned to the USCIS.

I don't think I could be any clearer than that.

[KimandRuss 0]

btw... i'm an IT professional as well (self-employed..not like outsourced microsoft phone support )... but perhaps you'll understand better if I put it in these terms...

In order to truly solve something you have to FIX the problems causing the issue in the first place... you can't install a fresh copy of anything if you don't first remove the virus/driver conflict/malware causing the problems to happen.

You cannot just file another petition and hope that one goes through. That's not how it works.

You need a good lawyer to fix the problems with this petition! And before it leaves GAZ! (yes, we know about the email )

[selena 0]

Thanks to all of you again. My girl-friend and I are still struggling for our case. Just received an important document from someone, as post below:

The article: Denials Of Family-Based Immigrant Visas At Consulates And DHS Petition Revocations

by Marc Ellis in http://www.ilw.com/articles/2006,0323-ellis.shtm

It mentions that

A good restatement of the standards governing petition returns by consulate is found in a February 2004 cable R 251642Z FEB 04, excerpted below, sent to all consulates.

… “6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition. …”

[pooh_bear_7972 0]

PUT ON YOUR LISTENING EARS

listen to all the advice you are being given

[KimandRuss 0]

They gave you a reason. They said you didn't prove your relationship was legitimate.

They are going to return your case to the US if you do not hire a lawyer and fight NOW. You can search for and post all the information you can find but the only thing that matters now is stopping your petition from being returned to the U.S. The only way you are going to do that is with a good lawyer.

Listen to the advice you got and instead of posting here go call a lawyer. Either that... or move to China.

good luck

[pushbrk 13,625]

This all reminds me of the urban legend about the person calling the Word Perfect tech support folks about the letters disappearing from their computer screen. At least it makes me want to tell the op to pack it in and give up for the same reason the fired tech support person gave.

http://www.snopes.com/humor/business/wordperfect.asp

[selena 0]

My girl-friend (her name is Selena) has made an appointment with Mr. Peter and will hire him for our case. Thanks to all of you for your valuable advices.

[~Laura and Nick~ 5]

My girl-friend (her name is Selena) has made an appointment with Mr. Peter and will hire him for our case. Thanks to all of you for your valuable advices.

I wish you all the best.

[KimandRuss 0]

This all reminds me of the urban legend about the person calling the Word Perfect tech support folks about the letters disappearing from their computer screen. At least it makes me want to tell the op to pack it in and give up for the same reason the fired tech support person gave.

http://www.snopes.com/humor/business/wordperfect.asp

I feel like that ALL the time!

I understand how you feel...but I was on a mission!

to the OP... good luck to you. You'll need it.

[pushbrk 13,625]

My girl-friend (her name is Selena) has made an appointment with Mr. Peter and will hire him for our case. Thanks to all of you for your valuable advices.

If you mean Peter Paget and you can afford him, you will have done all you can.

[selena 0]

PP asks 5000 Yun in initial. Other one asks 8000 Yun. The said the chance would 50:50. Very expensive. My girl-friend will meet him on next Monday. It is a very expensive process. We have no choice.

[Brian & Kathy 0]

Glad to hear you are finally on the right path! Only took 4 pages.

Best of luck to you. It is expensive, but it's the right thing to do and it will be so worth it when you are done.

[selena 0]

In the post, I forgot to present the main reason why I have not visited my GF (Selena) for sol long (1.5 years). The reason was I am still in prohibition status by Chinese traditions (or a kind of religion) due to the pass-away of my father. In Chinese, a person whose parent(s) just passed away should not step into others houses in abut 1 year. Besides, there are some other prohibition items. On the day of my GF's interview, she (Selena) wanted to explain but was stopped by the Visa Officer. My GF will talk to her layer (PP in GUZ) and see what will happen.