Can a spouse be denied a K 3 visa

[Mace 0]

Hi every one, I'm not sure if this is where I should ask this question or not, but here goes. My finacee who is Chinese went for her K 1 visa on July 7 2008. She was given a blue slip and instructions of what additional information the consulate in Guangzhou wanted. The Consulate wanted notorized copies of statements of how I met my fiancee, when I went to China to meet her, how I met my ex wife (also Chinese) when we married when we divorced, where she now lives, who paid for my trip to China and who accompanied me. We furnished all this information as requested. We waited a month for the consulate to make a decision. My finacee has just received a letter stating they believe we do not have a boni fide relation ship. In this form letter it states we can not contact the consulate about the decision, but must wait until it is returned to Homeland Security where the Citizenship and immigrations Service will review and possible revoke it. First weare a little confused on this last statement. "The consulate will now return your case to the Homland Security, Citizenship and Immigarations Services of the U.S. Department (CIS) for review and possible revocation." What are they going to revoke if the Consulate has already said they are unable to issue a K 1 Visa? We of course disagree that we do not have a boni fide relationship, we have been in contact daily for a year which was shown to the consulate with copies of daily chats, as well as all the other information pictures, plane tickets and such.

Our question now is. When I return to China again and I marry my fiancee, can the government still deny her a visa

once she is my wife. We are not young people, I am 59 and she is 54, so it is not like we still have a lifetime to butt heads with the government.

I hope someone can give us advice as how to proceed with this.

Thanks, Gary

[Tom&Ling 0]

Hi Gary,

I think you should post your question on http://www.candleforlove.com/

This forum deals specifically with China and the US Embassy in Guangzhou.

But if you do post there be sure to give them all your deals.

Tom and Ling

In answer to your question: I don't want to get into what they suspect, the people on the other

forum can give you their suspicions, but as far as getting married before the I-129F is concluded

would probably not be wise. Post on http://www.candleforlove.com/

[Tom&Ling 0]

Hi Gary,

I mean Details...........

Tom and Ling

[pushbrk 12,263]

Yes, a spouse can be denied a visa and for the same reason you've already been given. I too recommend you get assistance at candleforlove.com. What they are going to tell you is to hire an attorney in Guangzhou who is familiar with working with the Consulate. They can work to keep the case there and try to reverse the decision.

There's a reason they've come to this conclusion even if wrong. Why do you suppose it is?

[Stepbrow 0]

I want to second what Tom and Pushbrk said. Don't delay in getting the Lawyer in Guangshou. If you wait, and they return the petition, you are in for a long wait.

[Mace 0]

Hi, sorry for the delay in replying, still trying to find my way around this site.

We are not really sure, the only thing we can think of is that it has something to do with my former wife being Chinese, and perhaps that we filed for the I 129f just after my divorce from her was final. I have only been able to visit my fiancee once in October of 2007, We filed the I 129F In December and our papers went thru the system very quickly, so we were very excited about this, and we were planning on my returning to Chongqing after her intervew which was on July 7 2008. Thats when things began to go down hill. She got a blue slip. We furnished the additional information they requested, and waited. Then she received another blue (don't know if the color means anything with this letter), but it stated they were unable to grant a visa because they felt we did not have a bona fide relationship and would return our case to the united states for review and possible revocation. The timing of this letter really stunk, she got it two days before her birthday. We are completely confused about this statement "review and possible revocation" . We are not sure if this means there is still a chance she may get a K 1 Visa.

Yes, a spouse can be denied a visa and for the same reason you've already been given. I too recommend you get assistance at candleforlove.com. What they are going to tell you is to hire an attorney in Guangzhou who is familiar with working with the Consulate. They can work to keep the case there and try to reverse the decision.

There's a reason they've come to this conclusion even if wrong. Why do you suppose it is?

[Mace 0]

Hi, thanks for the advice.

Xianxiu and I have already decided what ever the outcome of the K-1 visa or the K-3 visa if we marry and then try to submit a K-3 visa application we are going to marry, even if it means that after we marry we have to wait the five years for me to retire, we are not going to let the government keep us apart. Once I retire I will move to China and ask the Chinese government for a green card so we may live together in China. I am not going to allow the US government tell me I can not be with my wife. If they will not allow us to be together in the US, then hopefully China will be more kind.

One reply I got was to get a lawyer in Guangzhou and have him/her fight the case, but in the letter Guangzhou sent it stated that we can not call email or appear in person to question the decission. and that we must wait until our papers have been sent back to the united states for review and possible revocation. So It sounds like getting a lawyer will at this time not be the way to go if Guangzhou won't accept any thing we try to do.

Hi Gary,

I think you should post your question on http://www.candleforlove.com/

This forum deals specifically with China and the US Embassy in Guangzhou.

But if you do post there be sure to give them all your deals.

Tom and Ling

In answer to your question: I don't want to get into what they suspect, the people on the other

forum can give you their suspicions, but as far as getting married before the I-129F is concluded

would probably not be wise. Post on http://www.candleforlove.com/

[Mace 0]

HI,

In the letter the consulate sent stating they could not approve Xianxiu's visa, it states that we can not get any specific info about the case if we email ,write a letter or appear in person to discuss the case and any additional info will

not be accepted. It states after the united states has received our papers for review and possible revocation they will notify us as. It sounds from the letter a lawyer will not get anywhere at this time either, and we are stuck waiting for the papers to be returned to the U.S. So we are not even sure if our K-1 visa is a definite no or not. We are totally confused.

I want to second what Tom and Pushbrk said. Don't delay in getting the Lawyer in Guangshou. If you wait, and they return the petition, you are in for a long wait.

[pushbrk 12,263]

HI,

In the letter the consulate sent stating they could not approve Xianxiu's visa, it states that we can not get any specific info about the case if we email ,write a letter or appear in person to discuss the case and any additional info will

not be accepted. It states after the united states has received our papers for review and possible revocation they will notify us as. It sounds from the letter a lawyer will not get anywhere at this time either, and we are stuck waiting for the papers to be returned to the U.S. So we are not even sure if our K-1 visa is a definite no or not. We are totally confused.

I want to second what Tom and Pushbrk said. Don't delay in getting the Lawyer in Guangshou. If you wait, and they return the petition, you are in for a long wait.

You can't. An attorney can. The notice you described generally comes on white paper but I guess it doesn't matter.

You can hire an attorney in Guangzhou or simply accept the Consulate's decision and continue to be separated. I cannot stress enough how important it is you hire an attorney. They first thing they'll tell you is they definitely have the ability to deal with the Consulate directly on this matter, because they do. It's not good that you've already wasted several days.

Edited August 28, 2008 by pushbrk

[sunshine77 0]

yes, definitely hire an attorney. Candle for Love is a great place for this discussion. One member there posted a thread linking a consular officer talking about K1/K3 Cr1 on a immigration website and it states that once returned to USCIS, the cases usually gets lost in a black whole and never touched again. Get active while the case is still in Guangzhou.

wishing you the best of luck.

[pushbrk 12,263]

Hi every one, I'm not sure if this is where I should ask this question or not, but here goes. My finacee who is Chinese went for her K 1 visa on July 7 2008. She was given a blue slip and instructions of what additional information the consulate in Guangzhou wanted. The Consulate wanted notorized copies of statements of how I met my fiancee, when I went to China to meet her, how I met my ex wife (also Chinese) when we married when we divorced, where she now lives, who paid for my trip to China and who accompanied me. We furnished all this information as requested. We waited a month for the consulate to make a decision. My finacee has just received a letter stating they believe we do not have a boni fide relation ship. In this form letter it states we can not contact the consulate about the decision, but must wait until it is returned to Homeland Security where the Citizenship and immigrations Service will review and possible revoke it. First weare a little confused on this last statement. "The consulate will now return your case to the Homland Security, Citizenship and Immigarations Services of the U.S. Department (CIS) for review and possible revocation." What are they going to revoke if the Consulate has already said they are unable to issue a K 1 Visa? We of course disagree that we do not have a boni fide relationship, we have been in contact daily for a year which was shown to the consulate with copies of daily chats, as well as all the other information pictures, plane tickets and such.

Our question now is. When I return to China again and I marry my fiancee, can the government still deny her a visa

once she is my wife. We are not young people, I am 59 and she is 54, so it is not like we still have a lifetime to butt heads with the government.

I hope someone can give us advice as how to proceed with this.

Thanks, Gary

Yes, any visa can be denied. If you decide to marry in China, I would recommend against the K3 visa. It saves no time anymore. Just go with the I-130 petition and CR1 visa path. Your additional trip and jumping through the hoops to marry in China will bolster the evidence of a bona fide relationship. If you also visit again later and provide solid evidence, the chances of success will improve dramatically.

If you couldn't be denied, there would be no need to petition and apply. You would simply "register".

[Mark M 0]

Hi, thanks for the advice.

Xianxiu and I have already decided what ever the outcome of the K-1 visa or the K-3 visa if we marry and then try to submit a K-3 visa application we are going to marry, even if it means that after we marry we have to wait the five years for me to retire, we are not going to let the government keep us apart. Once I retire I will move to China and ask the Chinese government for a green card so we may live together in China. I am not going to allow the US government tell me I can not be with my wife. If they will not allow us to be together in the US, then hopefully China will be more kind.

One reply I got was to get a lawyer in Guangzhou and have him/her fight the case, but in the letter Guangzhou sent it stated that we can not call email or appear in person to question the decission. and that we must wait until our papers have been sent back to the united states for review and possible revocation. So It sounds like getting a lawyer will at this time not be the way to go if Guangzhou won't accept any thing we try to do.

Hi Gary,

I think you should post your question on http://www.candleforlove.com/

This forum deals specifically with China and the US Embassy in Guangzhou.

But if you do post there be sure to give them all your deals.

Tom and Ling

In answer to your question: I don't want to get into what they suspect, the people on the other

forum can give you their suspicions, but as far as getting married before the I-129F is concluded

would probably not be wise. Post on http://www.candleforlove.com/

Tom

I just joined candleforlove but I can't do a search or start a new thread. What good is this site if I keep getting an error about not having permission to use this feature. I resent validation but it still doesn't work. Do I need to wait for another email from web site? Thanks.

Mark

[Queeny 0]

This same thing happened to me. My fiance's petition was returned to USCIS on 4/23/09 but they have not received it back yet. How long did it take for yours to get back to them? I'm told it can take 2 or 3 months... Also you can file a complaint with the Ombudsman's office at USCIS to have your case looked at sooner (I was told). I plan to do this and hope it works. You can also go to their site and see all the "administrative decisions" made.