K1 Visa Denied

[g.thomas 0]

My fiance and her daughter were denied the visas at their interview in Guangzhou, China. The reason stated was we did not have a "bonafide relationship" which I understand now that we had not spent enough time together and had not known each other long enough at the time of our application. I have been to China twice and I am planning another trip in January, we have known each other for just over a year now. My question is, what is the best course of action to take now? Should we file an appeal for the current K1 application, file a new application, get married and file a CR1 application or get married and file a K3/K4 application. I hired an attorney, which I could taken the $500.00 retainer and thrown it out the window of my car and got the same results, they were no help at all! I contacted my Congressman and they too did not provide much help. I have sent a letter to my Senator along with a release for the Freedom of Information form but have not received a reply as of yet. Can anyone offer any suggestions, I am in love with Wenhong and she is in love with me and I had no idea that it would this difficult to get her to America.

[Dakine 26]

My fiance and her daughter were denied the visas at their interview in Guangzhou, China. The reason stated was we did not have a "bonafide relationship" which I understand now that we had not spent enough time together and had not known each other long enough at the time of our application. I have been to China twice and I am planning another trip in January, we have known each other for just over a year now. My question is, what is the best course of action to take now? Should we file an appeal for the current K1 application, file a new application, get married and file a CR1 application or get married and file a K3/K4 application. I hired an attorney, which I could taken the $500.00 retainer and thrown it out the window of my car and got the same results, they were no help at all! I contacted my Congressman and they too did not provide much help. I have sent a letter to my Senator along with a release for the Freedom of Information form but have not received a reply as of yet. Can anyone offer any suggestions, I am in love with Wenhong and she is in love with me and I had no idea that it would this difficult to get her to America.

CALL your senator ASAP. Mine found out the exact reasons of denial. You want to keep the petition in China as long as possible. You may be able to send additional evidence.

[pushbrk 12,968]

My fiance and her daughter were denied the visas at their interview in Guangzhou, China. The reason stated was we did not have a "bonafide relationship" which I understand now that we had not spent enough time together and had not known each other long enough at the time of our application. I have been to China twice and I am planning another trip in January, we have known each other for just over a year now. My question is, what is the best course of action to take now? Should we file an appeal for the current K1 application, file a new application, get married and file a CR1 application or get married and file a K3/K4 application. I hired an attorney, which I could taken the $500.00 retainer and thrown it out the window of my car and got the same results, they were no help at all! I contacted my Congressman and they too did not provide much help. I have sent a letter to my Senator along with a release for the Freedom of Information form but have not received a reply as of yet. Can anyone offer any suggestions, I am in love with Wenhong and she is in love with me and I had no idea that it would this difficult to get her to America.

CALL your senator ASAP. Mine found out the exact reasons of denial. You want to keep the petition in China as long as possible. You may be able to send additional evidence.

Yes and perhaps more importantly, for us to help you, we need to know when the interview took place, what color the denial sheet was and exactly what it said. If you don't have all this information already, get it as soon as possible.

I take it this was a white slip denial indicating the case would be sent back to the USCIS. Depending on what the notice says and what can be found out in addition, you'll want to either keep the case in Guangzhou and take another shot if possible, or simply withdraw the I-129F, marry on your next trip and start over with a well prepared and thought out immigrant spouse visa process.

In short, we need details to give meaningful responses. Exactly what IS stated on the paper give to your fiance after the interview?

[gyi 1]

What is interesting, about a non bona-fide denial, is if the Consulate has no "hard" information about your relation then someone made a subjective decision, a re-adjudicated decision both of which they have no authority to do, but they do, the law is quite clear about this. Maybe USCIS will give you chance to argue your case in writing about why they should not issue you a NOIR, visa fraud to obtain immigration benefits, if you do answer the letter they send to you with some good arguement, stating you have still have an on going relation, they may reaffirm the petition and send it back to China, takes time..Marriage and applying for a new visa while the K1 is in denial, tough call, the denial is in the database and could come up. Freedom of Information Act, proably will get you "Kafkaesque" answer.

[pushbrk 12,968]

What is interesting, about a non bona-fide denial, is if the Consulate has no "hard" information about your relation then someone made a subjective decision, a re-adjudicated decision both of which they have no authority to do, but they do, the law is quite clear about this. Maybe USCIS will give you chance to argue your case in writing about why they should not issue you a NOIR, visa fraud to obtain immigration benefits, if you do answer the letter they send to you with some good arguement, stating you have still have an on going relation, they may reaffirm the petition and send it back to China, takes time..Marriage and applying for a new visa while the K1 is in denial, tough call, the denial is in the database and could come up. Freedom of Information Act, proably will get you "Kafkaesque" answer.

Since any return of the case would be to Vermont, there's actually a chance that a year or so from now, they could reafirm either on their own or on appeal. Depending on the actual circumstances, marriage and a spouse visa may well be a better and faster option.

BUT, let's not get ahead of ourselves. We don't have enough information yet.

Edited November 8, 2009 by pushbrk

[g.thomas 0]

Thanks for everyones input....I hope we get through this

Edited November 9, 2009 by g.thomas

[g.thomas 0]

My fiance and her daughter were denied the visas at their interview in Guangzhou, China. The reason stated was we did not have a "bonafide relationship" which I understand now that we had not spent enough time together and had not known each other long enough at the time of our application. I have been to China twice and I am planning another trip in January, we have known each other for just over a year now. My question is, what is the best course of action to take now? Should we file an appeal for the current K1 application, file a new application, get married and file a CR1 application or get married and file a K3/K4 application. I hired an attorney, which I could taken the $500.00 retainer and thrown it out the window of my car and got the same results, they were no help at all! I contacted my Congressman and they too did not provide much help. I have sent a letter to my Senator along with a release for the Freedom of Information form but have not received a reply as of yet. Can anyone offer any suggestions, I am in love with Wenhong and she is in love with me and I had no idea that it would this difficult to get her to America.

The slip was actually Green which to my understanding is the same as a white slip and it notified us it would be sent back to USCIS. The wording on the notice said "based on your testimony, documents and any other evidence, that you do not have a bona fide relationship with your petitioner" and it also stated that we may contact the CIS once the petition is returned for any further information and that we should not contact the Consulate or send any more documentation to them. The interview was on August 10. I wasted a lot of valuable time with a lawyer who really did nothing fcr us. I have contacted my Senator and also requested the notes of the interview through the National Records Center and the Department of State. I just hope I'm not to late to keep the application in Guangzhou.

[pushbrk 12,968]

Unless you go to the expense of hiring a lawyer in Guangzhou, the chances of keeping the case there are very slim. Perhaps your Senator can help but nothing is going to happen quickly. The next thing you need is a detailed report of the interview experience. If your fiance can remember and write it as close to verbatim as possible, that would be great. There will be clues as the real reasons. In my experience with this kind of situation, the beneficiary nearly always has a good idea what went wrong and often the petitioner does too.

[Darnell 8,478]

August? I would hazard a guess, the casefile is bundled up already , if not on it's way back to USCIS, then out the door from GUZ RSN.

But.. this is my 2 cents...

'Not a BonaFide Relationship' is a catch-all at GUZ, for 'not enough documentation' provided on initial I-129F submittal. They found something weird, and instead of giving you a chance to address it, with a BLUE SLIP (The Consulate's ultimate RFE ) , they dinged her and sent it back.

There are a few ways they could ding her in the interview, usually to ask inane questions that she'll never know the answer to (what's yer favorite soup? what's his favorite color? Does he like the White Socks or the Blue Jays? ) , find fault with her answer, then drop the NOID paperwork. It's interesting that it's GREEN - in the past, these have been WHITE.

I'd suggest going back, marry, file an I-130.

If you'd like a 2nd or 3rd opinion, come join us over at http://chinafamilyvisa.com

Edited November 9, 2009 by Darnell

[thongd4me 69]

I have no experience regarding China, but I thought I'd throw this up & see what you think.

It may or may not be helpful.

I'm guessing the daughter is hers from a previous marriage/relationship.

Since you would expect to include the daughter in the filing for the mother's visa,

could you do a legal adoption of the daughter to solidify your relationship evidence,

assuming the natural father (if known) went along with it. Some countries put big

roadblocks in cases where a single parent wants to take a child to a foreign country

without the consent of the other parent.

Your case may be complex enough to warrant a lawyer but yours appears to have

been asleep at the wheel as you said. If you're not just paying for the clerical grunt

work but for special insight (not special connections), you might reconsider the lawyer.

[Darnell 8,478]

He can't legally adopt the child IN CHINA, even if married, unless he lived IN CHINA with the child for at least 2 years. Them's the international adoption rules, and China Abides by Them .

OR

He can legally adopt the child once the child is in the USA, with the mother.

Edited November 9, 2009 by Darnell

[Starlight95 1]

In cases like this lets say the petitioner was to immediately fly over to the consulate after hearing the denial news, could the consulate change their mind. I mean having the person their and fighting it shows more evidence then anything.

[Darnell 8,478]

A few years ago, GUZ would allow for lawyers to come in and 'do stuff' in an attempt to over-turn a 'not-a-bonafide relationship'.

To the best of my knowledge, this hasn't been do-able for the last few years.

The ONLY thing useful for 'presence' is to go in During ACH and inquire. But - even if ya inquire, you may not get any answer.

Starlight95 - sorry - I think you have 'wishful thinking'. GUZ is a hard consulate.

[Starlight95 1]

A few years ago, GUZ would allow for lawyers to come in and 'do stuff' in an attempt to over-turn a 'not-a-bonafide relationship'.

To the best of my knowledge, this hasn't been do-able for the last few years.

The ONLY thing useful for 'presence' is to go in During ACH and inquire. But - even if ya inquire, you may not get any answer.

Starlight95 - sorry - I think you have 'wishful thinking'. GUZ is a hard consulate.

Yeah, just trying to find a solution , but I guess some consulates are more difficult than others.

[Old Dominion 26]

It will take a year or more, maybe 18 months, before USCIS lets the petitioner know what to do next -- appeal, or drop the petition. Marrying in China seems to be the best option.