ForumTitleContentMemberSexCountryDate/Time
VietnamAppeal the case after files sent back to USCIS
Answer the letter, not answering will default your application to a visa fraud marker. Show a continuing relation, after the denial, phone calls, emails, whatever you have, include a new intent to marry, if possible have the new intent notarized. If the denial was for some factual information, then you will have to address it, for a non-bonfide relation how can you address the denial based on it, being a subjective decision it is? I stated in my response to USCIS that I had no information on the reason for the non-bona fide, so I could not address the reason, though in the letter I did state the relation was bona fide. The end result was the Visa application was sent back to the Consulte and the visa was issued.
gyiMaleChina2010-06-06 07:14:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS intent to revoke
You need to show your relation is ongoing, send communications that are current, a intent to marry letter from both of you with a current date, notarized and signed will be of help, you only have 33 days from the date of the NOID from USCIS to reply, send the packet with a return receipt. Marc Ellis is a good choice for an attorney, he has your interest as most important.

Edited by gyi, 28 May 2010 - 04:41 PM.

gyiMaleChina2010-05-28 16:38:00
ChinaMail TO China
Regular mail, the actual slow boat to China. 3 weeks or more. DHL is good , but you do pay for the service.
gyiMaleChina2009-03-04 11:54:00
ChinaWho's going to China this June/July/August?
Language may be you biggest problem, I find even the Chinese have difficulty with each other because of the many dialects. Hotels in Kowloon are not that expensive , try the Dorsett Kowloon. under $100.00 a night.
gyiMaleChina2009-08-03 12:26:00
ChinaWho's going to China this June/July/August?
QUOTE (Eric & Jin @ May 17 2009, 11:26 AM) <{POST_SNAPBACK}>
QUOTE (usagroom @ May 17 2009, 10:10 AM) <{POST_SNAPBACK}>
I see it is costing you in the $1K range too. You have in-China flights too.

Off-topic, why get married instead of contesting the denial? Of course I hope you both are approved!

Yea, I always use ctrip for my inter-China flights as well - I always get a good deal there.

Unfortunately if you get denied you almost never get the chance to contest it. You can not contest a denial with the Consulate and most of the time when GUZ sends back the denials to USCIS the petitions have already expired (good for only 4 months) or USCIS will let them expire before they review them. If on the slight chance that USCIS does review them it will be many many months (if ever) that they do - so for me I would just rather get married and start a CR-1 petition.

If you have a denial for a K1, how do you know you will not get a denial for a CR1, they will pick up the K1 denial when processing the CR1, It may best to wait, make some waves(request a FOIA on the interview) so that USCIS sends you a chance to respond to the K1 denial.
gyiMaleChina2009-05-18 11:25:00
ChinaHong Kong
She will need her passport with a visa, plus a letter of "travel", this letter I believe the citizens of China know of will cost between $75-150. Yuan.
gyiMaleChina2009-09-04 05:31:00
ChinaNeed recommendation for attorney in Guangzhou or Chengdu
Marc Ellis is an attorney who does legal work for visa applicants, in Vietnam and Guangzhou (GUZ) if you are still looking for an attorney. marcellislaw@gmail.com
gyiMaleChina2009-09-18 13:51:00
China(AP) administrative processing
My fiancee and myself were given a white slip for a non-bonafide relation. The petition was returned, USCIS gave me the opportunity to address the denial and the petition was re-affirmed, sailed through NVC and sent to the Consulate, June 2009 the Consulate received the paper packet the third week of August, 2009. I wrote the Consulate October 5, 2009 asking about the petition and was told it is in, Administrative Processing and could take several months before an appointment is made! Any ideas on what is happening with this petition and what further action should I take?
gyiMaleChina2009-10-07 09:57:00
ChinaWhat happens after you get a blue slip
You may receive a Visa or a denial, you need to send in the requested information on the blue.
gyiMaleChina2009-12-30 05:49:00
ChinaMarriage in China
My fiancee was granted a K1 Visa (long journey) Dec.2009, my question is this, would it be OK to marry in China and then come to the USA?

Edited by gyi, 02 March 2010 - 07:12 PM.

gyiMaleChina2010-03-02 19:12:00
ChinaVaccination Help
We went to the Civil Surgeon, no record of vaccinations from my fiancee, so blood test were given plus one Tetanus vaccination, all others came back negative, no further vaccinations needed, total cost $325.00
gyiMaleChina2010-05-28 17:46:00
ChinaYou know you've married a Chinese when.....

bags of dried red peppers and bottles of brown rice vinegar, tubs of dried mushrooms, dried kelp, and not much meat, to speak of.



20 lbs. of rice, quarts of soy sauce, and what is mentioned in the post..it is a wonderful life!
gyiMaleChina2011-01-06 08:48:00
ChinaPushbrk's informal visit blog
A friend of mine bought a condo also, in XingTai, sounds a lot like the one you bought except I think it has five bedrooms, up and down also, not to rain on either of your purchases though a few years ago two of these condo buildings fell over, it seems they were not anchored with a foundation just sat there, another problem is the concrete is not allowed to cure properly, making these buildings porous leading to wet interior walls and the problems associated with that wetness.
gyiMaleChina2011-03-20 13:46:00
K-3 Spouse Visa Process & ProceduresVISA DENIED
A non-bonafide ruling is a subjective ruling if nothing substantial can be found the VO becomes a sootsayer and will issue this ruling. The non-bonafide was meant to be use for sham marriages, in which substantial facts were discovered that the marriage was for immigration benefits only a "sham marriage" but now it is being used as a catch all.
gyiMaleChina2009-03-23 06:40:00
US Embassy and Consulate DiscussionNVC to Guangzhou delays
QUOTE (donmerlin @ Jun 9 2008, 06:52 PM) <{POST_SNAPBACK}>
QUOTE (gyi @ Jun 9 2008, 03:50 PM) <{POST_SNAPBACK}>
Guangzhou recevied my packet from NVC, April 19th 2008, no P3, yet..


When did NVC actually send out your packet? I'm looking for the delay between NVC and Guangzhou receiving.

Around the 24th-26th February 2008..
gyiMaleChina2008-06-09 17:56:00
US Embassy and Consulate DiscussionNVC to Guangzhou delays
QUOTE (gyi @ Jun 9 2008, 06:46 PM) <{POST_SNAPBACK}>
QUOTE (donmerlin @ Jun 9 2008, 06:01 PM) <{POST_SNAPBACK}>
Hi All,

After a long long wait of getting our NOA2 approved, now I find myself checking the DHL status of my petition's delivery to the Guangzhou consulate daily. It actually arrived in Guangzhou on 5/11, and here it is 6/9, and DHL's status still shows "Clearance Delay" (meaning that the consulate has not yet even accepted the documents). DHL indicated that the weight had a factor (my petition came in a 53 pound box of other petitions and documents from the US State Dept), but it's almost a month now. It seems unreasonable to me.

I was just wondering if others had experienced wait periods this long. How long did it take between NVC sending your petition and the consulate actually receiving and processing the delivery?

Thanks!
Bill

PS: Here's a terrific slideshow on the heroes of Sichuan.
http://excaliburworld.com/hero.pps.zip



Guangzhou recevied my packet from NVC, April 19th 2008, no P3, yet..
gyiMaleChina2008-06-09 17:50:00
US Embassy and Consulate DiscussionNVC to Guangzhou delays
QUOTE (donmerlin @ Jun 9 2008, 06:01 PM) <{POST_SNAPBACK}>
Hi All,

After a long long wait of getting our NOA2 approved, now I find myself checking the DHL status of my petition's delivery to the Guangzhou consulate daily. It actually arrived in Guangzhou on 5/11, and here it is 6/9, and DHL's status still shows "Clearance Delay" (meaning that the consulate has not yet even accepted the documents). DHL indicated that the weight had a factor (my petition came in a 53 pound box of other petitions and documents from the US State Dept), but it's almost a month now. It seems unreasonable to me.

I was just wondering if others had experienced wait periods this long. How long did it take between NVC sending your petition and the consulate actually receiving and processing the delivery?

Thanks!
Bill

PS: Here's a terrific slideshow on the heroes of Sichuan.
http://excaliburworld.com/hero.pps.zip

Edited by gyi, 09 June 2008 - 05:51 PM.

gyiMaleChina2008-06-09 17:46:00
US Embassy and Consulate DiscussionPin number required when calling Consulate for information?
Yes, about charge for PIN# to call..
gyiMaleChina2008-11-05 16:13:00
US Embassy and Consulate DiscussionWhat is considered Employment ...
Another day older an deeper in debt, St. Peter don't call me, cause i can't go I owe my soul to the Company store.

If you can say something like this, you may be employed.

Edited by gyi, 03 March 2009 - 01:25 PM.

gyiMaleChina2009-03-03 13:24:00
US Embassy and Consulate DiscussionK1 Visa Denied
Their, "ball" and "bat", unfortunately, they are aware of it. From the beginning of the process you enter into a "kafkaesque" scenario, you are not aware of and not told of.
gyiMaleChina2009-11-11 09:20:00
US Embassy and Consulate DiscussionK1 Visa Denied
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.
gyiMaleChina2009-11-08 16:05:00
US Embassy and Consulate DiscussionDenied K-1 Visa in Guangzhou, China. Help, please.
The best answer I can give you is to show a continuing relationship, whether it be more visits, e-mails, phone calls, intentions to want to marry. You really cannot answer the reason for the non-bonafide, so mention it and let them know, you cannot answer for it, stating you do not know the reason, short and sweet. The freedom of information act, I found out will not get you anywhere, other than you showing an interest in your case. My fiancee was given a Visa in Dec.2009 after a denial, we have since married July 2010, and also this July I got a letter from the Dept. of State, telling me they could not give me any information on the reason for the denial of 2008 which I sent sometime in early 2009, quoting their legal reason and exemptions under US codes and Immigration Act, so go figure.
gyiMaleChina2010-07-27 14:47:00
US Embassy and Consulate DiscussionDenied K-1 Visa in Guangzhou, China. Help, please.
The "non-bonafide" reason is used more often than not, it is a subjective reason, a re-adjudication of your case, without hard facts which is the only legal reason for denial, unless the Consulate found something in the interview, that would be substantial for the non-bonafide. That said there is a good attorney Marc Ellis, you could get in touch with him, or make waves and file a Freedom of Information request to both USCIS and Department of State, ask for the reason, ask for the Consular notes. I had a non-bonafide, I received after about 8 months an NOIR/NOID from USCIS giving me 33 days to reply to the denial, I replied, my petition was reaffirmed sent back to the Consulate, waiting for the new interview.
gyiMaleChina2009-08-07 12:20:00
Removing Conditions on Residency General DiscussionRFE for evidence of good faith marriage - ROC with divorce waiver

 

If you look up you will see the forum is Removing Conditions on Residency - so, yes, that would be the 10 yr unconditional green card.

 

It could of been two year, though that is not my point. There is I believe two ways to get the ten year card without husband/wife signing with you,they are domestic abuse or irreconcilable differences, the key is you need to ask for the wavier to apply without  former spouse  signing also.


gyiMaleChina2014-02-13 08:24:00
Removing Conditions on Residency General DiscussionRFE for evidence of good faith marriage - ROC with divorce waiver

Is this application for a 10 year green card?


gyiMaleChina2014-02-12 15:15:00
K-1 Fiance(e) Visa Case Filing and Progress ReportsNovember Filers - CSC
Nov. 9, 2007 Sent in K1
Nov. 14, 2007 NOA 1
Feb. 11, 2008 NOA 2
Feb. 19, 2008 NVC letter, sending to embassy
gyiMaleChina2008-03-31 16:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about I130
QUOTE (saahfa @ Apr 4 2009, 04:32 PM) <{POST_SNAPBACK}>
QUOTE (gyi @ Apr 4 2009, 03:04 PM) <{POST_SNAPBACK}>
At the USCIS example page form I130, Part C question #17 asks for the Name of Alien Relatives, the example shows the petitioners name and not the beneficiary is not the beneficiary the Alien relative (wife)? What name does go in question 17?

this question (#17) is about the relatives of beneficiary= kids + spouse.
So if u r filing for ur wife u will write ur own name(spouse ) + kids name`.

Thank you,...
gyiMaleChina2009-04-04 19:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about I130
At the USCIS example page form I130, Part C question #17 asks for the Name of Alien Relatives, the example shows the petitioners name and not the beneficiary is not the beneficiary the Alien relative (wife)? What name does go in question 17?
gyiMaleChina2009-04-04 15:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs it legal??? Does it matter???
I have read somewhere, that if while on a tourist visa, you do marry, you could then apply for an Adjustment of Status without having to return to you home country.
gyiMaleChina2010-06-05 05:51:00
K-1 Fiance(e) Visa Process & Proceduresletter of intent from fiance need to be notarized?
QUOTE (Carlawarla @ Jul 30 2008, 10:42 AM) <{POST_SNAPBACK}>
QUOTE (gyi @ Jul 30 2008, 07:59 AM) <{POST_SNAPBACK}>
I sent a notarized letter of intent, to show a strong intent, possible could help with the bona-fide relation question, my thoughts.



Notorization is just confirmation that whoever signed the letter is that person. Nothing else. It has nothing to do with strong intent and nothing to do with a bona-fide relationship. Notorization can sometimes cost money as well. It's not needed for the letter of intent.

You are right about the signature, but it is my opinion it does show a strong intent which can help , certainly cannot hurt about making the judgement of a bona-fide relation.
gyiMaleChina2008-07-30 14:22:00
K-1 Fiance(e) Visa Process & Proceduresletter of intent from fiance need to be notarized?
I sent a notarized letter of intent, to show a strong intent, possible could help with the bona-fide relation question, my thoughts.
gyiMaleChina2008-07-30 07:59:00
K-1 Fiance(e) Visa Process & ProceduresInterview Results-China
Interview was on October 14th, an unknown secret letter was sent according to Consulate, White was almost given, blue asking for more info from petitoner. Why are these secret letters treated as fact when they are no more than heresay, should not the benefit of such correspondence be weighted in favor of the applicants and not heresay?
gyiMaleChina2008-10-14 10:58:00
K-1 Fiance(e) Visa Process & ProceduresAnyone been approved for K1 with only one visit
QUOTE (pushbrk @ Dec 17 2008, 04:12 PM) <{POST_SNAPBACK}>
QUOTE (gyi @ Dec 17 2008, 09:25 AM) <{POST_SNAPBACK}>
QUOTE (Marmite Lovers! @ Dec 16 2008, 02:49 PM) <{POST_SNAPBACK}>
QUOTE (mstamiz2much @ Dec 16 2008, 02:44 PM) <{POST_SNAPBACK}>
I have a question...I know the requirements for the K1 is that you only have to met your SO once within the past 2 years...I know it also looks better the more visits you have to see your SO... Im filing the end of December and am trying to go back in March to see my SO again, but if something happens and not able to go financially then (before interview comes) wanting to know if that lowers our chances of being approved...I was just wondering has anyone been approved just going once to see their SO on the K1?...


Once should be enough. Hopefully some others will come along and give you their stories.

I myself have visited once, Even thought my fiance is Chinese, I just do not have the desire to fly back and forth to China, I do not care for the 15+ hour flight, mainly.


Yes, and your fiance was blue slipped for bona fides at the interview. Does she have a visa yet?

Well, if that is the reason for our "blue" you know something I do not, thanks for the information.
gyiMaleChina2008-12-18 06:41:00
K-1 Fiance(e) Visa Process & ProceduresAnyone been approved for K1 with only one visit
QUOTE (gyi @ Dec 17 2008, 12:25 PM) <{POST_SNAPBACK}>
QUOTE (Marmite Lovers! @ Dec 16 2008, 02:49 PM) <{POST_SNAPBACK}>
QUOTE (mstamiz2much @ Dec 16 2008, 02:44 PM) <{POST_SNAPBACK}>
I have a question...I know the requirements for the K1 is that you only have to met your SO once within the past 2 years...I know it also looks better the more visits you have to see your SO... Im filing the end of December and am trying to go back in March to see my SO again, but if something happens and not able to go financially then (before interview comes) wanting to know if that lowers our chances of being approved...I was just wondering has anyone been approved just going once to see their SO on the K1?...


Once should be enough. Hopefully some others will come along and give you their stories.

I myself have visited once, Even thought my fiance is Chinese, I just do not have the desire to fly back and forth to China, I do not care for the 15+ hour flight, mainly.


Edited by gyi, 18 December 2008 - 06:35 AM.

gyiMaleChina2008-12-18 06:32:00
K-1 Fiance(e) Visa Process & ProceduresAnyone been approved for K1 with only one visit
QUOTE (Marmite Lovers! @ Dec 16 2008, 02:49 PM) <{POST_SNAPBACK}>
QUOTE (mstamiz2much @ Dec 16 2008, 02:44 PM) <{POST_SNAPBACK}>
I have a question...I know the requirements for the K1 is that you only have to met your SO once within the past 2 years...I know it also looks better the more visits you have to see your SO... Im filing the end of December and am trying to go back in March to see my SO again, but if something happens and not able to go financially then (before interview comes) wanting to know if that lowers our chances of being approved...I was just wondering has anyone been approved just going once to see their SO on the K1?...


Once should be enough. Hopefully some others will come along and give you their stories.

I myself have visited once, Even thought my fiance is Chinese, I just do not have the desire to fly back and forth to China, I do not care for the 15+ hour flight, mainly.
gyiMaleChina2008-12-17 12:25:00
K-1 Fiance(e) Visa Process & ProceduresJust curious
no post
gyiMaleChina2009-01-02 06:56:00
K-1 Fiance(e) Visa Process & ProceduresJust curious
QUOTE (pushbrk @ Jan 1 2009, 06:02 PM) <{POST_SNAPBACK}>
QUOTE (gyi @ Jan 1 2009, 02:30 PM) <{POST_SNAPBACK}>
QUOTE (ms_jinga_lala @ Jan 1 2009, 05:00 PM) <{POST_SNAPBACK}>
I was reading the other topic related to this and I know each circumstance is somewhat unique, though somewhat the same. Reading the other topic just got me curious. I know no one on here will have a definitive answer, but I am seeking opinions on this. I will be starting our K-1 process in a few months and I like to have as much information as I can before I start anything major, and this is by far the most major thing I've ever been involved in. So I do really appreciate and value insight and opinions on this matter, especially from those of you who have been through this part already. I'm concerned about how much evidence to send in. Currently, this is what I have:

4-9 hours of phone calls each and every day for 8 months all logged and traced by a third party service
Consistent emails between us dating back over a year
Online instant messaging archives and recorded sound files to accompany them
Snail mail letters from me to him and some to his family members as well as mail from him to me and some of my family members
Gifts from me to him and family members as well as from him to me
Proof of involvement with my family members including a business he is starting with my brother before he gets here (not enough to qual. for that kind of visa though).


I am visiting next month and I will be spending time with his immediate and extended family. We will be staying at several relatives houses throughout the visit and we will be visiting several destinations. We will also have our ring ceremony (he's Hindu). That visit will add the following to the proof I send in:

pictures of us
pictures of me and his family
receipt for the ring


Is there anything else I could get as proof now or while on the trip? And are those kinds of proof from before my trip even valuable to the filing process? I talk to his parents also (in their native language) but I have no real way of proving that because I've either talked to them on his phone, or when I call their phones the conversations are brief. I do have records of the calls though. Does the exchange of gifts now between myself and his family members bear any weight? Another question is whether or not video files we share now (sending over email) are worth anything? I have video and sound files of him professing his love to me in his native language and though they are very personal, I would gladly send them if I thought they would help. And my last question, do personal references as proof of the relationship matter? What I mean is can we obtain letters from friends and/or family who have been aware of our relationship and know about us and send that to or would it be a waste of time?

Thank you all so much in advance!

Here is my take on a bonafide relation, I would think if you go for your interview and you do not know the name or country of your petitioner , that might be cause for a non-bonafide relation, anything else is a shell game by the Consulates no matter how many pictures, phone calls, emails, trips that are made that you provide. If you do receive a non-bonafide white slip citing INA Section 5A for a non-bonafie relationship try and find Section 5A of the INA.


I find that for the immigration process, dwelling on or debating what "should be" is a waste of effort, since success or failure will be determined by how things actually are. I understand your bitterness but until you are ready to see things as they are, you won't be of any help to yourself or anybody else.


Excuse me, but please do not qualify my post, with how you believe I feel, I do not want to to "flame" you neither do I want you to "flame" me. You put your thoughts I put mine, OK? In the mean time if you can fine the Section in INA 212 Section 5A that refers to a bona-fide relation, post your findings for all of us. In the meantime I will continue to believe that these Consulates are committing fraud against the petitioners that they use this Section 5A excuse against.

gyiMaleChina2009-01-02 06:48:00
K-1 Fiance(e) Visa Process & ProceduresJust curious

Here is my take on a bonafide relation, I would think if you go for your interview and you do not know the name or country of your petitioner , that might be cause for a non-bonafide relation, anything else is a shell game by the Consulates no matter how many pictures, phone calls, emails, trips that are made that you provide. If you do receive a non-bonafide white slip citing INA Section 5A for a non-bonafie relationship try and find Section 5A of the INA.
[/quote]

I find that for the immigration process, dwelling on or debating what "should be" is a waste of effort, since success or failure will be determined by how things actually are. I understand your bitterness but until you are ready to see things as they are, you won't be of any help to yourself or anybody else.
[/quote]

Excuse me, but please do not qualify my post, with how you believe I feel, I do not want to to "flame" you neither do I want you to "flame" me. You put your thoughts I put mine, OK? In the mean time if you can fine the Section in INA 212 Section 5A that refers to a bona-fide relation, post your findings for all of us. In the meantime I will continue to believe that these Consulates are committing fraud against the petitioners that they use this Section 5A excuse against.
gyiMaleChina2009-01-02 06:32:00
K-1 Fiance(e) Visa Process & ProceduresJust curious
QUOTE (ms_jinga_lala @ Jan 1 2009, 05:00 PM) <{POST_SNAPBACK}>
I was reading the other topic related to this and I know each circumstance is somewhat unique, though somewhat the same. Reading the other topic just got me curious. I know no one on here will have a definitive answer, but I am seeking opinions on this. I will be starting our K-1 process in a few months and I like to have as much information as I can before I start anything major, and this is by far the most major thing I've ever been involved in. So I do really appreciate and value insight and opinions on this matter, especially from those of you who have been through this part already. I'm concerned about how much evidence to send in. Currently, this is what I have:

4-9 hours of phone calls each and every day for 8 months all logged and traced by a third party service
Consistent emails between us dating back over a year
Online instant messaging archives and recorded sound files to accompany them
Snail mail letters from me to him and some to his family members as well as mail from him to me and some of my family members
Gifts from me to him and family members as well as from him to me
Proof of involvement with my family members including a business he is starting with my brother before he gets here (not enough to qual. for that kind of visa though).


I am visiting next month and I will be spending time with his immediate and extended family. We will be staying at several relatives houses throughout the visit and we will be visiting several destinations. We will also have our ring ceremony (he's Hindu). That visit will add the following to the proof I send in:

pictures of us
pictures of me and his family
receipt for the ring


Is there anything else I could get as proof now or while on the trip? And are those kinds of proof from before my trip even valuable to the filing process? I talk to his parents also (in their native language) but I have no real way of proving that because I've either talked to them on his phone, or when I call their phones the conversations are brief. I do have records of the calls though. Does the exchange of gifts now between myself and his family members bear any weight? Another question is whether or not video files we share now (sending over email) are worth anything? I have video and sound files of him professing his love to me in his native language and though they are very personal, I would gladly send them if I thought they would help. And my last question, do personal references as proof of the relationship matter? What I mean is can we obtain letters from friends and/or family who have been aware of our relationship and know about us and send that to or would it be a waste of time?

Thank you all so much in advance!

Here is my take on a bonafide relation, I would think if you go for your interview and you do not know the name or country of your petitioner , that might be cause for a non-bonafide relation, anything else is a shell game by the Consulates no matter how many pictures, phone calls, emails, trips that are made that you provide. If you do receive a non-bonafide white slip citing INA Section 5A for a non-bonafie relationship try and find Section 5A of the INA.
gyiMaleChina2009-01-01 17:30:00
K-1 Fiance(e) Visa Process & Procedureswhat the HECK is proof of ongoing relationship?!
QUOTE (pushbrk @ Dec 31 2008, 01:42 AM) <{POST_SNAPBACK}>
QUOTE (gyi @ Dec 30 2008, 12:13 PM) <{POST_SNAPBACK}>
QUOTE (KimandRuss @ Dec 30 2008, 12:56 PM) <{POST_SNAPBACK}>
QUOTE (gyi @ Dec 30 2008, 12:37 PM) <{POST_SNAPBACK}>
Some good questions about this proof stuff, When you applied for the Visa you had to follow strict legal requirements, which you met if your I-797 was approved, now enter the Consulates which have the same strict legal requirements for a denial but resort to a subjective standard ( how many visits, phone calls, one can get the idea) in many of these denials.


A very good point in that the uscis is not the ultimate deciding factor. Although, the visa is only applied for after the uscis approves the I-129f petition (I-797/NOA2). What you have with your NOA2 is merely an approved petition which then enables your fiance to apply for the visa. wink.gif

Subjective standard is a very good way to explain how each Embassy decides whether or not a visa is approved. Those higher fraud posts will most likely look for any red flags they can find to dissprove the relationship (age difference, recent divorce, short courtship...etc, etc) ...and then make you jump through hoops. We can blame the CO, the Country, the system, even people on power trips... but ultimately it is those who have abused the system that make it so much harder for the rest of us.

Therefore, it's very important to provide any and all evidence of a bonafide relationship that you can, especially when dealing with these places. If your relationship is true and you are prepared and diligent in your efforts it's very likely you will succeed in bringing your loved one here...eventually. smile.gif

First I would like to thank you for your interest in this matter, but a I-797 approval is Prima facie evidence that all is legal, if the Consulate finds something after this fact it may issue a denial, something illegal not subjective.


The approval means the requirements have been met that qualify the beneficiary to "apply for" not "to receive" a visa. Petition approval is pretty much an objective process. Approving a visa application is indeed highly subjective. Consular officers do have additional information as a result of the information submitted by the visa applicant. In Guangzhou, that includes the very detailed GIV-24 form, the visa applications themselves and the answers to interview questions. As such, it's wise to prepare accordingly.


Well tell me is someone blowing wind with the following?

“6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial.



No readjudication of petitions

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition

Edited by gyi, 31 December 2008 - 07:19 AM.

gyiMaleChina2008-12-31 07:19:00