Please help! Got a white slip last year, should we apply the second time now?

[jennyzhang 0]

Dear all, My husband and me got married in August 2006 in China and started to apply for CR1 in October 2006,I was the benificiary. the interview was scheduled in January 2008, but I got a white slip. VO believed our marriage was fake.

My husband's lawyer said we can only wait for the denial letter which was sent from the Guangzhou consulate then we can sue the Guangzhou consulate after receiving the denial letter. My husband believes the lawyer completely and doesn't want to start to apply for the CR1 again as his layer said it is useless to try to apply for the second time. But 1 and a half year past by already, we still haven't received the denial letter. Guangzhou Consulate said they had sent out the letter in last May, we just didn't receive it.

should we just start the CR1 application again? or start to file a sue? the lawyer said the lawsuit will take 2 or 3 year and it is the only thing we can do. is that true?

Please help me by giving me your suggestion. thanks a lot in advance

[SuperDuper! 230]

What was fake looking about your marriage? Did you smile, kiss and hold hands in your pics? Did you exchange emails, chats, cards? Did hubby come visit you more than once to marry you? Some GENERAL info will help us help you.

[CA dreamer 3]

What was fake looking about your marriage? Did you smile, kiss and hold hands in your pics? Did you exchange emails, chats, cards? Did hubby come visit you more than once to marry you? Some GENERAL info will help us help you.

better tell why was the reason for denial and work this time to enhance it,if it was failure to proof strong relation ship,so work on providing more evidences,age difference which is more than 10 years i cannot help you:)

failure to disclose previous marriages so get final documents and refile again for cr1 and tell your lawyer goodbye

[AbbynSheryl 0]

now u can apply for IR1 bcz u r married for more than two years and u have better chance to prove ur wedding, two years marriage has lot of paper work in it so show him in the interview, good luck

abby n sheryl

[jennyzhang 0]

My husband and I are first marriage,We find another guarantor,He is my cousin in the US,Now is the husband unwilling to reiterate please,He wanted to hear appeals lawyer said.I worried husband would be missing the letter ,Then, we will be in vain for so long.

[jennyzhang 0]

My husband and I are first marriage,We find another guarantor,He is my cousin in the US,Now is the husband unwilling to reiterate please,He wanted to hear appeals lawyer said.I worried husband would be missing the letter ,Then, we will be in vain for so long.

----- this post was written by Jennyzhang, the benificary. I am friend of Jennyzhang, who help her to write this post as her English is not very srong. Let me introduce more details of the case in her position as below:

1. My husband and I was introduced by my uncle, who is also working and living in the US. He was the neighbor of my husband at that time. we got married at his first visit in August 2006. we didn't have any conversation before his first visit / marriage.

2. we held a wedding in China and took a lot of pictures and I showed the pictures to VO.

3. We communicated by emails and phone call after marriage. My husband came to see me in China the second time in September 2007.

4. My husband doesn't speak any Madarine Chinese, but he speaks Cantoness. my English was not strong. we talked on the phone in Cantoness, the emails were written in English with the help of online translator. The interview was held in Madarine Chinese.

5. We found a joint-sponsor. The joint-sponsor is a cousin of mine who is also working in the US.

6. the Visa office asked me 3 times if my husband 's name a Vietnamese name. I said no. But I was told later that his name is from Vietnamese, and it is the same name as the first president of Viet Nam.

My husband came to see me the third time in December 2008. He still believes we should trust his lawyer to wait for the denial letter in order to file a sue, but the letter seems get lost already as Guangzhou consulate said they sent out in last May which we still haven't received it so far.

Do you think we should file a lawsuit ? is that better and quicker compare to apply for IR1 the second time? I believe it would be better for us to just start all over to file application again, but my husband doesn't want to do that. how can I convince him?

Help, please!

[No-Where-Man 147]

My husband and I are first marriage,We find another guarantor,He is my cousin in the US,Now is the husband unwilling to reiterate please,He wanted to hear appeals lawyer said.I worried husband would be missing the letter ,Then, we will be in vain for so long.

----- this post was written by Jennyzhang, the benificary. I am friend of Jennyzhang, who help her to write this post as her English is not very srong. Let me introduce more details of the case in her position as below:

1. My husband and I was introduced by my uncle, who is also working and living in the US. He was the neighbor of my husband at that time. we got married at his first visit in August 2006. we didn't have any conversation before his first visit / marriage.

thats one of the most common reason for denial (no prior relation with the beneficiary and the petitioner (arranged marriage is always considred to be fraud )

2. we held a wedding in China and took a lot of pictures and I showed the pictures to VO.

(reason number one is enough to ignore everything else introduced to the CO

3. We communicated by emails and phone call after marriage. My husband came to see me in China the second time in September 2007.

4. My husband doesn't speak any Madarine Chinese, but he speaks Cantoness. my English was not strong. we talked on the phone in Cantoness, the emails were written in English with the help of online translator. The interview was held in Madarine Chinese.

there is a weak communication which make the CO doubt more abt the facts given to him , both should be able to communicate very good , using translator for sure show a very bad English language ,(add this to reason number one )

5. We found a joint-sponsor. The joint-sponsor is a cousin of mine who is also working in the US.

6. the Visa office asked me 3 times if my husband 's name a Vietnamese name. I said no. But I was told later that his name is from Vietnamese, and it is the same name as the first president of Viet Nam.

do u feel strange that the CO denied your Visa ? im not here to Judge u ..but this reason beside the ones i commented above on ..are TOTALY ENOUGH for any CO to deny ur visa ..specially reasom ONE and FOUR and SIX

My husband came to see me the third time in December 2008. He still believes we should trust his lawyer to wait for the denial letter in order to file a sue, but the letter seems get lost already as Guangzhou consulate said they sent out in last May which we still haven't received it so far.

if they said they sent u a denial letter and u didnt get it ..so ask them to send another one or if possible to go in person and get it ...if u r denied ..and from what i see in different cases ..u can refile normally with USCIS again , and avoid the reason for which u were denied ...again im not sure ..but as of what i see in diff cases ....

Do you think we should file a lawsuit ? is that better and quicker compare to apply for IR1 the second time? I believe it would be better for us to just start all over to file application again, but my husband doesn't want to do that. how can I convince him?

LAWsuit is always good only IF u were convinced u were denied for no reason or they are too late to respond to u ..and this is so rare to happen specialy for spousal Visa ..and really again im not judging ..but u have MORE THAN ENOUGH to have ur visa denied if i was a CO ..

Help, please!

[jennyzhang 0]

My husband and I are first marriage,We find another guarantor,He is my cousin in the US,Now is the husband unwilling to reiterate please,He wanted to hear appeals lawyer said.I worried husband would be missing the letter ,Then, we will be in vain for so long.

----- this post was written by Jennyzhang, the benificary. I am friend of Jennyzhang, who help her to write this post as her English is not very srong. Let me introduce more details of the case in her position as below:

1. My husband and I was introduced by my uncle, who is also working and living in the US. He was the neighbor of my husband at that time. we got married at his first visit in August 2006. we didn't have any conversation before his first visit / marriage.

thats one of the most common reason for denial (no prior relation with the beneficiary and the petitioner (arranged marriage is always considred to be fraud )

2. we held a wedding in China and took a lot of pictures and I showed the pictures to VO.

(reason number one is enough to ignore everything else introduced to the CO

3. We communicated by emails and phone call after marriage. My husband came to see me in China the second time in September 2007.

4. My husband doesn't speak any Madarine Chinese, but he speaks Cantoness. my English was not strong. we talked on the phone in Cantoness, the emails were written in English with the help of online translator. The interview was held in Madarine Chinese.

there is a weak communication which make the CO doubt more abt the facts given to him , both should be able to communicate very good , using translator for sure show a very bad English language ,(add this to reason number one )

5. We found a joint-sponsor. The joint-sponsor is a cousin of mine who is also working in the US.

6. the Visa office asked me 3 times if my husband 's name a Vietnamese name. I said no. But I was told later that his name is from Vietnamese, and it is the same name as the first president of Viet Nam.

do u feel strange that the CO denied your Visa ? im not here to Judge u ..but this reason beside the ones i commented above on ..are TOTALY ENOUGH for any CO to deny ur visa ..specially reasom ONE and FOUR and SIX

My husband came to see me the third time in December 2008. He still believes we should trust his lawyer to wait for the denial letter in order to file a sue, but the letter seems get lost already as Guangzhou consulate said they sent out in last May which we still haven't received it so far.

if they said they sent u a denial letter and u didnt get it ..so ask them to send another one or if possible to go in person and get it ...if u r denied ..and from what i see in different cases ..u can refile normally with USCIS again , and avoid the reason for which u were denied ...again im not sure ..but as of what i see in diff cases ....

Do you think we should file a lawsuit ? is that better and quicker compare to apply for IR1 the second time? I believe it would be better for us to just start all over to file application again, but my husband doesn't want to do that. how can I convince him?

LAWsuit is always good only IF u were convinced u were denied for no reason or they are too late to respond to u ..and this is so rare to happen specialy for spousal Visa ..and really again im not judging ..but u have MORE THAN ENOUGH to have ur visa denied if i was a CO ..

Help, please!

Thanks so much! I do believe your analyse on our case is correct, and you do catch the points. I will show my husband your comments, I hope he will believe what you said as well. But he is so stubbon to insist that we can only wait the denial letter and file a lawsuit. sigh!

[trinket 30]

now u can apply for IR1 bcz u r married for more than two years and u have better chance to prove ur wedding, two years marriage has lot of paper work in it so show him in the interview, good luck

abby n sheryl

She will receive IR-1 anyways whenever the VISA is approved. There is no point in refilling, because she will have to go through the same procedure and same AP. And someone could correct me but I thought when you have an ongoing VISA petiton, you can't petition for the same. If you have K-1, sure you can marry and petition for CR-1 or K-3. But when OP alraedy has an approved i-130, her husband can't petition for the same again till the time a judgement doesn't come to the current one.

Has the VISA been totally denied or was she given 221g? If it has been totally denied then yes you can refile but if not then you will have to wait for the result of 221g.

Also to OP, ask your husband to contact congressman and see if they can pitch into this matter or not. From your discription of how the interview went, there sure were a lot of red flags flying, so work on those about how you are going to address those.

[jennyzhang 0]

now u can apply for IR1 bcz u r married for more than two years and u have better chance to prove ur wedding, two years marriage has lot of paper work in it so show him in the interview, good luck

abby n sheryl

She will receive IR-1 anyways whenever the VISA is approved. There is no point in refilling, because she will have to go through the same procedure and same AP. And someone could correct me but I thought when you have an ongoing VISA petiton, you can't petition for the same. If you have K-1, sure you can marry and petition for CR-1 or K-3. But when OP alraedy has an approved i-130, her husband can't petition for the same again till the time a judgement doesn't come to the current one.

Has the VISA been totally denied or was she given 221g? If it has been totally denied then yes you can refile but if not then you will have to wait for the result of 221g.

Also to OP, ask your husband to contact congressman and see if they can pitch into this matter or not. From your discription of how the interview went, there sure were a lot of red flags flying, so work on those about how you are going to address those.

thanks for your time, our first application was closed and it was totally denied.

[trinket 30]

now u can apply for IR1 bcz u r married for more than two years and u have better chance to prove ur wedding, two years marriage has lot of paper work in it so show him in the interview, good luck

abby n sheryl

She will receive IR-1 anyways whenever the VISA is approved. There is no point in refilling, because she will have to go through the same procedure and same AP. And someone could correct me but I thought when you have an ongoing VISA petiton, you can't petition for the same. If you have K-1, sure you can marry and petition for CR-1 or K-3. But when OP alraedy has an approved i-130, her husband can't petition for the same again till the time a judgement doesn't come to the current one.

Has the VISA been totally denied or was she given 221g? If it has been totally denied then yes you can refile but if not then you will have to wait for the result of 221g.

Also to OP, ask your husband to contact congressman and see if they can pitch into this matter or not. From your discription of how the interview went, there sure were a lot of red flags flying, so work on those about how you are going to address those.

thanks for your time, our first application was closed and it was totally denied.

Then you can reapply and this time around do cover all the red flags.

[Stepbrow 0]

Just a few comments.

Regarding the red flags, it is common for CO's to deny because of them, even though there is no legal basis for doing this. Technically a denial on a red flag or flags is just supposition and not factually based. Denials by regulation are required to be factually based, but it is common for them to ignore their own regulations. This is the reason so many of these types of denials are overturned upon appeal. The problem is that the wait is horrendously long. So, if you wait and appeal, you will probably be successful, but can you stand the wait.

The real reason for the denial is most likely just a test to see if you two will stick with it and keep trying. This in itself helps to validate your marriage. If you reapply, and update all of your contact information, I believe that you will have a much better chance next time.

A big red flag with the consulate at GZ, is your ability to communicate. You mentioned that both of you speak Cantonese, so make sure that it is known that you both communicate this way. If your emails and letters are in Chinese print the originals along with the translations. This way it is clear to the CO that you truly do communicate.

I recommend that you have an attorney who is experienced with GZ, help you and your husband with the reapplication submittable. I recommend Marc Ellis. He has helped many friends on the Candle for Love website overcome denials such as yours.

If I were in your shoes, I would reapply soon.

Best of luck