K1 Denied, what next?

[juchenamja 0]

All paperwork was in order, but last week in Guangzhou, China my fiancee was denied because "we had not proved we had a relationship." Any one have any advice what to do now?

She provided pictures from our meeting Jan 07 and email traffic. She didn't have phone records because we use cell. They did ask for copies of my tax returns and that is one think that was missing.

Thx,

Juche

[juchenamja 0]

I just received the "you don't have a bona fide relationship letter. It doesn't look like there is much chance to get the K1 visa, after you read their canned letter.

Juche

[pushbrk 13,945]

I just received the "you don't have a bona fide relationship letter. It doesn't look like there is much chance to get the K1 visa, after you read their canned letter.

Juche

Please be very specific about what the letter says. We need to know if it is a request for more information or a notice of intent to deny and in either event, exactly what it says.

If you haven't already, please check out http://www.candleforlove.com where much more China specific support is available.

[juchenamja 0]

I just received the "you don't have a bona fide relationship letter. It doesn't look like there is much chance to get the K1 visa, after you read their canned letter.

Juche

Please be very specific about what the letter says. We need to know if it is a request for more information or a notice of intent to deny and in either event, exactly what it says.

If you haven't already, please check out http://www.candleforlove.com where much more China specific support is available.

I tried to upload the doc. but unable to. The way I read it, it is a flat out denial.

Juche

[MR2nice 0]

Was it a blue slip or a green slip? If it's a blue slip then I think you can still submit any additional evidences that was asked. From what I've seen, the green slip is a flat out denial.

[juchenamja 0]

I tried to upload the doc. but unable to. The way I read it, it is a flat out denial.

As pushbrk said, please post the entirety of the letter. There's a lot of people here that have had a lot of experience with this kind of stuff. Post the content of the letter so they can help you.

Unfortunately, it will not upload. I don't have any idea of slips or color because I wasn't there during the interview. Maybe that was a big mistake. The doc states that it is determined that there is "not a bona fide relationship." Thats a bunch of BS. And it is being returned to USCIS for review and possible revocation. I can email it if someone wants to take a look. Seems to me its a done deal. I can survive, but my fiancee is devastated, I haven't heard much from her. Another sad story.

[Dakine 26]

Best thing is if you contact the embassy and get them to hold it awhile before they send it back to USCIS.

Once it goes back to USCIS you are in for a LONG haul.

You can get your Senator involved and submit any additional evidence you have of having a "bonafide relationship".

Senator should be able to find out what they want. Mine did anyway. Didn't do any good with the additional evidence I faxed them tho. Still got sent back.

She didn't have your tax returns also?

[pushbrk 13,945]

I tried to upload the doc. but unable to. The way I read it, it is a flat out denial.

As pushbrk said, please post the entirety of the letter. There's a lot of people here that have had a lot of experience with this kind of stuff. Post the content of the letter so they can help you.

Unfortunately, it will not upload. I don't have any idea of slips or color because I wasn't there during the interview. Maybe that was a big mistake. The doc states that it is determined that there is "not a bona fide relationship." Thats a bunch of BS. And it is being returned to USCIS for review and possible revocation. I can email it if someone wants to take a look. Seems to me its a done deal. I can survive, but my fiancee is devastated, I haven't heard much from her. Another sad story.

If you want help, please type all the wording of the letter. It sounds like a notice of intent to deny. What does it say they will do with your petition. Come on, man. Help us help you.

In China, a blue slip allows you to submit further information. White slips are the NOID. At least you can ask your fiance what color the paper is.

Edited November 18, 2007 by pushbrk

[juchenamja 0]

I tried to upload the doc. but unable to. The way I read it, it is a flat out denial.

As pushbrk said, please post the entirety of the letter. There's a lot of people here that have had a lot of experience with this kind of stuff. Post the content of the letter so they can help you.

Unfortunately, it will not upload. I don't have any idea of slips or color because I wasn't there during the interview. Maybe that was a big mistake. The doc states that it is determined that there is "not a bona fide relationship." Thats a bunch of BS. And it is being returned to USCIS for review and possible revocation. I can email it if someone wants to take a look. Seems to me its a done deal. I can survive, but my fiancee is devastated, I haven't heard much from her. Another sad story.

If you want help, please type all the wording of the letter. It sounds like a notice of intent to deny. What does it say they will do with your petition. Come on, man. Help us help you.

In China, a blue slip allows you to submit further information. White slips are the NOID. At least you can ask your fiance what color the paper is.

"The consulate is unable to issue you a K1 Visa because, according to the Immigration and Nationality Act, section 221(g), you do not fullfill the eligibility requirements for the petitioned visa. The Consulate has determined based on your testimony, documents and other evidence, that you do not have a bona fide relationship with your petitioner. The consulate will now return your case to the Homeland Security, USCIS for review and possible revocation. You will be informed by mail when the Consulate transfers the case file back to CIS. Once your case has been transfered, please contact CIS on your application. Processing your case back to CIS may take several months. Additional information regarding the reasons for this decision can only be acquired during the appeal process. If you or your petitioner contacts the consulate by email, fax, letter, or in person, no specific information will be provided nor will additional information be accepted."

This is verbatim from the letter she was given after the interview. I wonder if these morons have a quota they have to outright just reject?

I will check with my fiancee, but I'd bet it wasn't blue.

Thx,

Juche

[juchenamja 0]

I tried to upload the doc. but unable to. The way I read it, it is a flat out denial.

As pushbrk said, please post the entirety of the letter. There's a lot of people here that have had a lot of experience with this kind of stuff. Post the content of the letter so they can help you.

Unfortunately, it will not upload. I don't have any idea of slips or color because I wasn't there during the interview. Maybe that was a big mistake. The doc states that it is determined that there is "not a bona fide relationship." Thats a bunch of BS. And it is being returned to USCIS for review and possible revocation. I can email it if someone wants to take a look. Seems to me its a done deal. I can survive, but my fiancee is devastated, I haven't heard much from her. Another sad story.

If you want help, please type all the wording of the letter. It sounds like a notice of intent to deny. What does it say they will do with your petition. Come on, man. Help us help you.

In China, a blue slip allows you to submit further information. White slips are the NOID. At least you can ask your fiance what color the paper is.

"The consulate is unable to issue you a K1 Visa because, according to the Immigration and Nationality Act, section 221(g), you do not fullfill the eligibility requirements for the petitioned visa. The Consulate has determined based on your testimony, documents and other evidence, that you do not have a bona fide relationship with your petitioner. The consulate will now return your case to the Homeland Security, USCIS for review and possible revocation. You will be informed by mail when the Consulate transfers the case file back to CIS. Once your case has been transfered, please contact CIS on your application. Processing your case back to CIS may take several months. Additional information regarding the reasons for this decision can only be acquired during the appeal process. If you or your petitioner contacts the consulate by email, fax, letter, or in person, no specific information will be provided nor will additional information be accepted."

This is verbatim from the letter she was given after the interview. I wonder if these morons have a quota they have to outright just reject?

I will check with my fiancee, but I'd bet it wasn't blue.

Thx,

Juche

No, somehow the tax returns didn't get sent. That one is my fault, but there is more to this than that. They know tax returns are easy to obtain, actually I have my last 10 years or so.

Juche

[Brian & Kathy 0]

The notice of intent to deny is in no means the end of the road unless you do nothing at let it be! Listen to every word that pushbrk has to say. He knows the law and in's and out's better than just about anyone else here. You may also want to strongly consider getting an experience immigration attorney. Just be sure they have experience in cases similar to yours and ask their record on cases such as that.

I've heard of people being denited the K1, only to marry abroad and apply for the K3 successfully. Again, it isn't the end unless you let it be.

When submitting evidence of a relationship, you have to be creative. If you have the chance to submit evidence of a relationship again (which you should) you can show letters and cards, the envelopes they were in, receipts of gifts, pictures together with family/friends, chat logs, train and bus tickets of traveling together, hotel room receipts, travel contracts, tickets with pictures of places you've visited together... the list can go on and on. Just consider how the 2 of you communicate and the special little things you do for eachother and that will give you ideas for things to use as evidence of a relationship.

Unfortunately, it will not upload. I don't have any idea of slips or color because I wasn't there during the interview. Maybe that was a big mistake. The doc states that it is determined that there is "not a bona fide relationship." Thats a bunch of BS. And it is being returned to USCIS for review and possible revocation. I can email it if someone wants to take a look. Seems to me its a done deal. I can survive, but my fiancee is devastated, I haven't heard much from her. Another sad story.

Edited November 18, 2007 by Brian & Kathy

[pushbrk 13,945]

I tried to upload the doc. but unable to. The way I read it, it is a flat out denial.

As pushbrk said, please post the entirety of the letter. There's a lot of people here that have had a lot of experience with this kind of stuff. Post the content of the letter so they can help you.

Unfortunately, it will not upload. I don't have any idea of slips or color because I wasn't there during the interview. Maybe that was a big mistake. The doc states that it is determined that there is "not a bona fide relationship." Thats a bunch of BS. And it is being returned to USCIS for review and possible revocation. I can email it if someone wants to take a look. Seems to me its a done deal. I can survive, but my fiancee is devastated, I haven't heard much from her. Another sad story.

If you want help, please type all the wording of the letter. It sounds like a notice of intent to deny. What does it say they will do with your petition. Come on, man. Help us help you.

In China, a blue slip allows you to submit further information. White slips are the NOID. At least you can ask your fiance what color the paper is.

"The consulate is unable to issue you a K1 Visa because, according to the Immigration and Nationality Act, section 221(g), you do not fullfill the eligibility requirements for the petitioned visa. The Consulate has determined based on your testimony, documents and other evidence, that you do not have a bona fide relationship with your petitioner. The consulate will now return your case to the Homeland Security, USCIS for review and possible revocation. You will be informed by mail when the Consulate transfers the case file back to CIS. Once your case has been transfered, please contact CIS on your application. Processing your case back to CIS may take several months. Additional information regarding the reasons for this decision can only be acquired during the appeal process. If you or your petitioner contacts the consulate by email, fax, letter, or in person, no specific information will be provided nor will additional information be accepted."

This is verbatim from the letter she was given after the interview. I wonder if these morons have a quota they have to outright just reject?

I will check with my fiancee, but I'd bet it wasn't blue.

Thx,

Juche

Ok. That's a notice of intent to deny. Your best bet is to get on a plane and get to Guangzhou and hire a local attorney to deal with the Consulate to keep the case in Guangzhou. Get yourself a second chance to present evidence of bona fides or face months of delay before you can take any further action, if at all.

Get yourself to Candleforlove.com too, as they have several people with good information to help you as well as recommendations for attorney's. Unless you're made of money though, I'd stay away from Peter Paget. Perhaps contact Yang Jihua for a recommendation. You'll find him (aka Mr. Yang) advertising his hotel in the GUZ Info forum.

If you don't get a local attorney on this within a couple weeks, you'll most likely be looking at flying there next summer to marry and go the spouse visa route. Don't think for a minute that I'm joking or exaggerating.

[juchenamja 0]

The notice of intent to deny is in no means the end of the road unless you do nothing at let it be! Listen to every word that pushbrk has to say. He knows the law and in's and out's better than just about anyone else here. You may also want to strongly consider getting an experience immigration attorney. Just be sure they have experience in cases similar to yours and ask their record on cases such as that.

I've heard of people being denited the K1, only to marry abroad and apply for the K3 successfully. Again, it isn't the end unless you let it be.

When submitting evidence of a relationship, you have to be creative. If you have the chance to submit evidence of a relationship again (which you should) you can show letters and cards, the envelopes they were in, receipts of gifts, pictures together with family/friends, chat logs, train and bus tickets of traveling together, hotel room receipts, travel contracts, tickets with pictures of places you've visited together... the list can go on and on. Just consider how the 2 of you communicate and the special little things you do for eachother and that will give you ideas for things to use as evidence of a relationship.

Unfortunately, it will not upload. I don't have any idea of slips or color because I wasn't there during the interview. Maybe that was a big mistake. The doc states that it is determined that there is "not a bona fide relationship." Thats a bunch of BS. And it is being returned to USCIS for review and possible revocation. I can email it if someone wants to take a look. Seems to me its a done deal. I can survive, but my fiancee is devastated, I haven't heard much from her. Another sad story.

No, not going to give up, just wanted to get some ideas and advice. Actually, I'm in an awful place (La Crosse, WI) and would much prefer to be back in Korea or even China. I think what I might do is go to China get married, get a job in Korea, and then bring my wife to Korea. Its funny, I can probably get my wife into Korea in less than 30 day, just have to have my work place there be willing to sponsor her. Its just amazing how, I had all my paperwork in perfect order and "I think" because my fiancee could not give them specific information on my past marriages and or why I had lived overseas, they denied her. Yes, I am divorced and yes, I spent 22 years in the military, plus additional time studying and working overseas. She is aware of everything, but I'm unsure exactly what the questions were or her answers, but that the general idea from what she has told me. Nothing surprises me when it involves the DHS or USCIS. I'm not going to get involved with lawyers and or a long drawn out process.

Juche

Edited November 18, 2007 by juchenamja

[pushbrk 13,945]

"I think" because my fiancee could not give them specific information on my past marriages and or why I had lived overseas, they denied her. Yes, I am divorced and yes, I spent 22 years in the military, plus additional time studying and working overseas. She is aware of everything, but I'm unsure exactly what the questions were or her answers, but that the general idea from what she has told me. Nothing surprises me when it involves the DHS or USCIS. I'm not going to get involved with lawyers and or a long drawn out process.

Juche

Understanding the problem goes a long ways toward finding the solution but when dealing with GUZ on a NOID, you're out of luck without a local attorney.