Red Flag List for visa denial

[y2catalyst 3]

Maybe it's just my anxiety reading some of the horror stories about visa denials at interviews. I am a little concerned about the potential emotional roller coaster from these stories. I gathered from some other forum topics potential RED FLAG list. One of the RED FLAGS was if the petitioner has had a recent divorce before engagement with new fiancée.

My divorce was filed 10/2007 and was final 07/2009 and have been on my own for over a 1 ½ years. I just filed my 129f 12/2009. Why should this be a red flag since divorces in USA can take sever month or a few years. During this period of separation many people establish new relationships that have no bearing on a future with their new partner, so why would the matter just because my fiancée is from a different country?

Thanks,

Rob

Our Background:

I never imagined I would get involved with someone from a different country. I joined online dating service 3/2009 and Out of curiosity I did a profile search in China from my online dating service and made contact to whom is now my fiancée in 04/2009. We are well established emotionally, documentation, phone/email records, 14 travel in 10/2009, etc and we are fully committed to marry. After I returned from China I ambitiously prepared the 129f and sent the petition on 12/31/2009

[DedicatedWife 4]

Rob,

Don't think the negative! Each situation/Consulate/couple is different...you get my drift! Just be as prepared as you can with all you will need for your fiancee's interview when the time comes. Just tell the truth and I think you'll be fine!! Best wishes on your journey!!!

[SuperDuper! 230]

Congratz on meeting your true love and taking action. Life is short, and we must pursue our happiness now. Some people are so self-righteous and will tell you, "wait a year after your divorce, and give yourself time to heal." Well, I say Bullshit to that! Maybe what I need to heal me is a fine woman that loves and cares for me 24/7, and need her ASAP. Plus, what if you waited, and she got scooped up by another man? Itz not right that they discriminate against someone who is recently divorced, but it is possible someone could try to lay that trip on you in your VJ. Just have a consistent and confident answer, and document your relationship bulletproof style. Now that is some Darn good advice! Good Luck and 2010 will be a great year for you!

[JimVaPhuong 4,863]

The "red flags" are different at each consulate, and depend on the pattern of fraud and abuse that each consulate sees. A recent divorce is a "red flag" if a consulate has seen a pattern of beneficiaries using the fiancee or spousal visa as a tool to migrate members of their family to the US, or where the consulate has seen a pattern of US petitioners being paid off to marry foreign beneficiaries.

In the first scenario, the beneficiary will divorce his/her husband, and then obtain a fiancee or spousal visa through a US citizen. Once they obtain their US citizenship, they divorce the USC and then petition for their original spouse.

In the second scenario, the US citizen is offered a substantial amount of money to marry the foreign beneficiary. However, because the USC is married they have to first obtain a divorce. After the foreign beneficiary has secured their immigrant status in the US, the beneficiary and US citizen divorce, and the USC remarried their original spouse.

Of course, there are many variations of these scenarios. The common factor here is the recent divorce. The consulate will want to look for further evidence that the divorce may have been obtained in order to make either the petitioner or beneficiary eligible to participate in the visa process. The divorce is the visible tip of the iceberg that triggers the underwater investigation. At low-fraud consulates, these scenarios are rare, so CO's are much less suspicious of a recent divorce.

Read the region specific forums to determine what the red flags are at the consulate your fiancee will interview at, and be prepared to address them.

[y2catalyst 3]

Great feedback, thank you! I feel much better about our position.

Rob

[Darnell 8,478]

re: divorce dates (file, final etc).

Practice writing up an evolution of relationship letter about yer lass.

Seriously.

[garfield529 47]

re: divorce dates (file, final etc).

Practice writing up an evolution of relationship letter about yer lass.

Seriously.

Yeah, listen to Darnell. It seems that a lot of divorced USC's fiancees are blue slipped for more information regarding the divorce. Write a detailed EOR letter and have it notarized and sent in closer to the interview date. USCIS doesn't care about your divorce, only that you are "legally able to marry." The embassy in Guangzhou will possibly care more about this on a case-by-case basis. Along with the EOR, write a detailed explanation about your divorce history so that it will be clear that this is not a potential case of fraud. This can help prevent a blue slip if the VO asks about the divorce...you have your ammo ready to go. It seems that the more VJ educated you are, the more organized you are, and the more questions you ask, the better your outcome will be in the end....that is my opinion based on following other couples here. Oh, how is her English? This is another potential bump at GUZ. Good luck!

Edited January 2, 2010 by garfield529

[Darnell 8,478]

ok - red flag list for quasi-current issues at GUZ - this is off the top of my head, specific to K-1 (Not CR-1 or IR-1) but from reading on VJ and 2 China Specific Sites:

1. dates between divorce and filing petition . usually, divorce decrees are presented on interview day, so suggest letter for each divorce decree, explaining in ONE page, things such as dates, basic reasons for incompatibilites, etc.. but NOT a novel, nothing for PentHouse Forum, either.

2. evolution of relationship letter - if you go to GUZ - the big trick is to have it notarized at GUZ during ACS appointment. The ConOff that handles that for you, is big chance is the same ConOff that will be interviewing yer lass. When at ACS, talk a bit about the petition, but usually questions are handled at ACH, not ACS. Then - give yer lass your passport, with the EOR letter folded longways inside of it , then she gives the passport to him/her, on top of the I-134 set, during the interview ...

3. photos of you with her and her family. that slide glass window thingie can handle about 3/4 to 1 inch of passthrough - so get a vinyl portfolio with letter sized clear sleeves, then paste yer photos to a piece of paper, front and back, slide the paper INTO each sleeve. The one I use is 20 pages, so is 40 viewable pages. Glue stick the photos to the paper Lets see - mine was 10 viewable pages of the wedding photos, then 30 viewable pages of photos with us and her family members, at various places, doing stuff together.

4. communication ability between you two . GUZ has been dinging the ####### outta people with NOID/white slips about this, in the form of 'Not a Bonafide Relationship', these last 6 months, so must have some viable way to show that the two of you can easily communicate. LOTS of variances on this - she speaks english, you speak mandarin, documented use of translators, but... mention it in the EOR letter as to HOW you two communicate.

5. age gap. i've not not heard of anyone getting dinged about this in some time, maybe 3 years? biggest age gap I knew about was 32 years.

6. Are they really her children? Include photo sets of the mother and child, over various ages of the child. Sometimes impossible to get. If ConOff not satisfied at interview, MIGHT issue blue slip with DNA test instructions (which is a fookin pain in the #### ). Set up the photos in another vinyl portfolio, similar to what I mentioned earlier. Don't forget the birth certificate , sometimes a copy of the hukuo book (with translation) is useful, also - but is not primary stuff - but can be used to match up the school records (that she brings) with the address on the hukuo book.

7. number of visits to meet her. This varies, but even that one trip is useful, if carefully documented. MANY PEOPLE do not have issues with just 1 visit, but have other documentation to show an ongoing , evolving relationship. BUT. If the ConOff finds the casefile scant, might decide to USE the concept of 'just one trip' to DING HER for 'Not a BonaFide Relationship' .

8. Scant Casefile. Uhm... What the heck did you file with the initial submittal on the petition? Was it just the minimal bits? Or did you include other stuff, supporting evidence? If the casefile is scant, well, ####### - that's gonna suck - because the only thing the ConOff knows about yer lass is WHATS IN THE CASEFILE, and it's reviewed prior to interview day (with them looking for red flags). (they do know a bit more, based on the namechecks done on the two of you ) - but - which would you prefer, really? The casefile having stuff that covers your possible red flags on initial submittal, or a ConOff badgering yer lass on Interview Day, even though she has a stack o stuff in her carry bag that covers all the red flags?

9. your income, ability to document it. Show 3 years o stuff (even though the instructions mention 1 year). Some folk not have taxable income, but have income, a lot of it - need (IMO) a Certified, Audited Income Statement from a CPA (is about 2 hours o CPA time, stateside ) . Trumps all the silliness at GUZ for 'taxable income', IMO.

10. Something missing? Something untoward? ConOff Smell Something , because of missing or scant? Usually, they will try to shift to the 'hard-#### questions' to trip her up, so they can declare 'Not a Bonafide relationship', instead of asking for a missing document. Now, this has shifted a lot, over the past year, so that the ConOff actually asks for anything missing, but even with that, if she has it in her carry bag, she MUST be able to tell him - I HAVE WHAT YOU NEED - Please not 'blue-slip' me about it - here it is ! - otherwise - she'll get a blue slip or a call-in letter. Either delays the visa issuance.

That's it, for now.. My brain hurts

Warmest Regards...

Edited January 3, 2010 by Darnell

[Darnell 8,478]

----

Now then, this isn't a red flag - but something she can ask, when the interview is over -

Are the namechecks complete? Will my visa be issued per usual schedule? Will you require additional processing for my visa?

This throws off the ConOff for a moment, but trust me - they already know, at her interview, whether or not the visa will be delayed. They have no guidelines to tell her about it (or is not local policy to mention it ) but if yer lass asks, they will answer.

[justashooter 430]

I never imagined I would get involved with someone from a different country. I joined online dating service 3/2009 and Out of curiosity I did a profile search in China from my online dating service and made contact to whom is now my fiancée in 04/2009. We are well established emotionally, documentation, phone/email records, 14 travel in 10/2009, etc and we are fully committed to marry. After I returned from China I ambitiously prepared the 129f and sent the petition on 12/31/2009

GUZ looks for bona fide relationship. a one page outline of your relationship history is mandatory. visits with photos including her family members are good evidence of the relationship.

GUZ looks for common language. if her english is not functional you should have her in english school now, and you should consider language classes for yourself. course completion docs are good stuff.

GUZ looks for introductions that involve relatives. if you were introduced by her sister this is a deal killer. make it clear that you were not.

GUZ looks for her to have detailed knowledge of you and your entire background. provide her with a life history outline including family relationships, education, employment history, current employment details, housing, and financials info. if you aren't willing to share this you aren't ready to marry. not too much detail, but enuf that she can answer quex about you. photos of your hometown, house, car, family and friends are good for her to have.

GUZ looks for her to have a life plan for USA. she should have employment or educational goals that are reasonable. she should have a chinese drivers liscence and an international translation so that you can begin to teach her to drive the day after she lands. if not, you will have trouble getting her a liscense in USA in a reasonable time. no matter where she gets her liscense, she will drive horribly for the first year. get used to the idea of it now. buy extra life and medical insurance.

good luck in your new relationship. may it be as good as mine is.

PM me if you wanna talk. i lived in china 4 years and know a few thigns about the place and the people.

[adam001 0]

Yeah, listen to Darnell. It seems that a lot of divorced USC's fiancees are blue slipped for more information regarding the divorce. Write a detailed EOR letter and have it notarized and sent in closer to the interview date. USCIS doesn't care about your divorce, only that you are "legally able to marry." The embassy in Guangzhou will possibly care more about this on a case-by-case basis. Along with the EOR, write a detailed explanation about your divorce history so that it will be clear that this is not a potential case of fraud. This can help prevent a blue slip if the VO asks about the divorce...you have your ammo ready to go. It seems that the more VJ educated you are, the more organized you are, and the more questions you ask, the better your outcome will be in the end....that is my opinion based on following other couples here. Oh, how is her English? This is another potential bump at GUZ. Good luck!

what eor letter means? thanks

[y2catalyst 3]

I initially want to say this website is tremendous tool to this community because of the willingness of those who share their knowledge and experiences for others to benefit.

I have all the personal relationship history captured including family photos which are all compelling to our relationship. Her English is not perfect however very good and we almost exclusive communicate 30 minutes by telephone once or twice a day where I maintain a prepaid call log. I can assume I meet the income qualification of over 100k even though I am sure this is no guarantee, otherwise I would not be looking at other areas that can foil the visa approval.

I will make sure we will incorporate all the suggestions posted here in our preparation as we move closer to the Interview date. I hope others can benefit from the advice offered here. After this post I will now accompany my finesse at her interview when the time comes.

Thank you Again,

Rob

[garfield529 47]

I initially want to say this website is tremendous tool to this community because of the willingness of those who share their knowledge and experiences for others to benefit.

I have all the personal relationship history captured including family photos which are all compelling to our relationship. Her English is not perfect however very good and we almost exclusive communicate 30 minutes by telephone once or twice a day where I maintain a prepaid call log. I can assume I meet the income qualification of over 100k even though I am sure this is no guarantee, otherwise I would not be looking at other areas that can foil the visa approval.

I will make sure we will incorporate all the suggestions posted here in our preparation as we move closer to the Interview date. I hope others can benefit from the advice offered here. After this post I will now accompany my finesse at her interview when the time comes.

Thank you Again,

Rob

Rob,

You mention that you communicate almost exclusively by phone..you may want to consider including chatting online every couple days. Just from a devils advocates view, I would question a call log more than several pages of chat communications that identify the users and characteristics of wording. We use skype and MSN, both of which allow for "free" voice/video communication and a way to record the conversation. Just something to consider. Also, we make a point to exchange "snail-mail" a couple times a month. A $.94 stamp and letter is much cheaper than any potential for rejection at the interview.

[Jia you LuckyStar 0]

ok - red flag list for quasi-current issues at GUZ - this is off the top of my head, specific to K-1 (Not CR-1 or IR-1) but from reading on VJ and 2 China Specific Sites:

8. Scant Casefile. Uhm... What the heck did you file with the initial submittal on the petition? Was it just the minimal bits? Or did you include other stuff, supporting evidence? If the casefile is scant, well, ####### - that's gonna suck - because the only thing the ConOff knows about yer lass is WHATS IN THE CASEFILE, and it's reviewed prior to interview day (with them looking for red flags). (they do know a bit more, based on the namechecks done on the two of you ) - but - which would you prefer, really? The casefile having stuff that covers your possible red flags on initial submittal, or a ConOff badgering yer lass on Interview Day, even though she has a stack o stuff in her carry bag that covers all the red flags?

I feel like I'm going to get screwed over now... knew I should have waited for my trip to get those photos instead of just submitting the petition as it was... I was like whee this seems relatively easy... oh @#$@. Okay, am just going to hope for the best and try to be there come interview date(and go to ACH and ACS)

[J&N* 68]

There is a very long and boring list at the Immigration center on who should be denied a visa, none of those reasons was divorce.(Ex: Over staying, fraud, crime, drugs)

Divorce rates in the US are really high, the CO reviewing your case might even be divorced. Isn't it 1 in 3 marriages will end up in divorce?

Anyhow, it's not their business, just give them the proof that you got divorced and eligible to marry.

Don't worry!

Best of luck.