K-1 Visa - China - Passport issue

[spc123 0]

K-1: My Chinese fiancee had a visa/passport problem a few years ago resulting in a temporary passport suspension. After speaking to 5 or 6 immigration lawyers on the phone regarding this slightly complicated case I'm starting to think that their ability to improve the odds of success is very limited. For instance, one lawyer said that this visa approval/rejection will boil down to the mood of the Chinese authority who is reviewing the case history on the day of the interview. So, assuming I'm capable of following the Admin process, what is the compelling reason for spending thousands of dollars on a lawyer? Seems like a waste of resources. Thanks very much for your feedback,

[Operator 1,927]

Does your fiancee have a valid passport now? and; why was her passport suspended?

[Darnell 8,479]

was the passport suspended in China or in some other country?

and - does she have a valid passport now?

whatever the REASON for the suspension, if it falls under a category of 212 , then expect a denial on K-1 visa interview day, as the IV Staff at Guangzhou IV, those Vice-Consuls, DO LOOK AT THAT PRIOR STUFF.

Some of the categories in 212 are waiverable, so bear that in mind.

If you've not seeked an opinion from Marc Ellis, well, you've been talking to the wrong immigration folk. Google 'Marc Ellis Immigration' for his contact info. IMO, a 1 to 2 hour paid consult with him is meaningful.

Edited October 14, 2013 by Darnell

[spc123 0]

Does your fiancee have a valid passport now? and; why was her passport suspended?

Thanks for the response. She will apparently be able to acquire a valid passport next year. Apparently, she remained in another country beyond the visa expiration date. When attempting to depart the other country the authorities also realized that she had 2 passports on file. At any rate, I would image that the authorities found her guilty of some sort of fraudulent activity. The fact that she was issued a 3-year suspension perhaps provides a flavor for the nature of the violation; i.e. not trivial.

[spc123 0]

was the passport suspended in China or in some other country?

and - does she have a valid passport now?

whatever the REASON for the suspension, if it falls under a category of 212 , then expect a denial on K-1 visa interview day, as the IV Staff at Guangzhou IV, those Vice-Consuls, DO LOOK AT THAT PRIOR STUFF.

Some of the categories in 212 are waiverable, so bear that in mind.

If you've not seeked an opinion from Marc Ellis, well, you've been talking to the wrong immigration folk. Google 'Marc Ellis Immigration' for his contact info. IMO, a 1 to 2 hour paid consult with him is meaningful.

The passport problem seems to have been identified in the other country. She was then sent back to China, at which point the Chinese authorities confiscated her passport. I'm assuming 212 refers to section of relevant law? Would you be able to direct me to 212 please? Also, thanks for the direction to Marc Ellis. I will look into it. Note: She can't get a new passport for a few more months.

[Darnell 8,479]

sure. 212 info is up at

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

Sounds like she was deported from that other country after found to be there illegally or after an overstay of a valid visa. IF it wasn't the USA, then IMO 212 won't apply to her.

Still, contact Marc Ellis, sling down all of this stuff with all details, to him.

Edited October 14, 2013 by Darnell

[DJ&L 83]

Just a point of clarification, it's not a Chinese Authority that will review the case history, it's a US Consular Officer at the US Consulate in Guangzhou.

If she gets a passport and the previous violation didn't involve US immigration, I'm not sure how much that will impact the case, frankly. But, I'd take Darnell's advice...he's the resident expert around these parts.

I just saw this in Darnell's post:

"Sounds like she was deported from that other country after found to be there illegally or after an overstay of a valid visa. IF it wasn't the USA, then IMO 212 won't apply to her."

^^ I tend to agree

Edited October 14, 2013 by DJ&L

[spc123 0]

sure. 212 info is up at

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

Sounds like she was deported from that other country after found to be there illegally or after an overstay of a valid visa. IF it wasn't the USA, then IMO 212 won't apply to her.

Still, contact Marc Ellis, sling down all of this stuff with all details, to him.

Correct. That's basically what happened. The incident had nothing to do with the US. I will take that advice and contact Ellis. Thanks very much for the guidance. I welcome any additional thoughts,

Edited October 15, 2013 by Ryan H

[Darnell 8,479]

Don't forget, there's a police report she has to submit into Guangzhou IV, issued by the Police Security Bureau in China.

That report might (or rather, should) contain info about her re-entry into the country given that her passport was taken inside China.

Still, double check with Mr. Ellis.

Where are you, in the flow of things, for the casefile?

[spc123 0]

Don't forget, there's a police report she has to submit into Guangzhou IV, issued by the Police Security Bureau in China.

That report might (or rather, should) contain info about her re-entry into the country given that her passport was taken inside China.

Still, double check with Mr. Ellis.

Where are you, in the flow of things, for the casefile?

Yes, after speaking with a lawyer (Lawrence Holmes) last week I was made aware that my fiancee needs to acquire an official police report. At any rate, we are at stage 1.. basic orientation to the process. Until I get a serious consult from a solid lawyer I'm not going start working on forms and so forth. In my simple brain, the 1st step should be to somehow acquire the official police report(s)... since it's hard for a lawyer to provide quality advice based on incomplete info,

[Darnell 8,479]

ya, that makes sense, to review the police report for China prior to filing the I-129F.

If she was in that other country > 1 year, she'll have to show a police report from that country as well, on interview day in Guangzhou IV Unit, US Consulate.

[Pitaya 2,577]

~Moved from K-1 Process to China Regional Forum~

~Inquiry about Chinese passport/immigration policy/procedures~

[spc123 0]

ya, that makes sense, to review the police report for China prior to filing the I-129F.

If she was in that other country > 1 year, she'll have to show a police report from that country as well, on interview day in Guangzhou IV Unit, US Consulate.

Yeah, she was in the other country for a while. Do you have an idea how my fiancee should proceed to obtain these reports? Based on conversations I've had with my fiancee on this topic it's evident that she needs guidance.

[Darnell 8,479]

procedures to get a police report vary, by country.

However, USUALLY can start at the Consulate for that country, in China, and inquire for their process.

Alternatively, a friend back in that other country can usually pay for and get one, then send to her (USUALLY) .

[spc123 0]

procedures to get a police report vary, by country.

However, USUALLY can start at the Consulate for that country, in China, and inquire for their process.

Alternatively, a friend back in that other country can usually pay for and get one, then send to her (USUALLY) .

Okay, thanks for all of this assistance. Very helpful. Hopefully, I'll have a chat with Ellis tomorrow,