Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	what 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. 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. 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.	gyi	Male	China	2008-12-31 07:19:00
K-1 Fiance(e) Visa Process & Procedures	what the HECK is proof of ongoing relationship?!	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. 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. 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. Edited by gyi, 30 December 2008 - 03:16 PM.	gyi	Male	China	2008-12-30 15:13:00
K-1 Fiance(e) Visa Process & Procedures	what the HECK is proof of ongoing relationship?!	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.	gyi	Male	China	2008-12-30 12:37:00
K-1 Fiance(e) Visa Process & Procedures	attorney	If you, after reading the advice given on this forum still feel you would need an attorney, I would recommend Marc Ellis.	gyi	Male	China	2010-02-10 10:23:00
K-1 Fiance(e) Visa Process & Procedures	Where is requirement for proof of relationship?	USCIS goes by facts, when you get to the consulate, a subjective process known as "bona-fide relation begins" a can of worms if ever there was a can of worms.	gyi	Male	China	2010-02-10 09:10:00
K-1 Fiance(e) Visa Process & Procedures	should i get an attorney to handle the K-1 visa.. or do it myself?	I would recommend Marc Ellis for an attorney if it is an attorney you want.	gyi	Male	China	2010-02-10 09:05:00
K-1 Fiance(e) Visa Process & Procedures	prenuptial agreement nuts & bolts ('when' and 'how', not so much 'why'...)	A Pre-Nup or legally known as a ANTENUPTIAl, can be viewed as an insurance policy to retain certain assets or conditions of divorce you may have going into the marriage if a divorce happens, the assets that would be acquired in the marriage can also be included. Those assets can be of both the couples. He may have assets that he would want to retain if a divorce happens and she may want to retain assets she has, so going into the marriage these conditions are laid out in a "pre-nup". A lawyer should be retained both parties need to have legal representation and the right to review the contract. The I864, is an agreement of support for means test benefits as long as you do not try and write off the I864 in the Pre-Nup there should be no conflict, but if you did try and include the I864 and that is found void, most pre-nup's have allowances for items that may not be in compliance while keeping the legal parts in the document valid as a contract. Cost legal zoom. com $750.00/ Private atttorney $1,000.+.	gyi	Male	China	2010-06-16 11:51:00
K-1 Fiance(e) Visa Process & Procedures	Married after 90 days	If you were to marry after 90 days and file a I-130, would the fee be the same when you applied for AOS.?	gyi	Male	China	2010-08-10 12:54:00
K-1 Fiance(e) Visa Process & Procedures	YOU THINK YOUR WAITING IS LONG	November 2007 sent in K1, received visa December, 2009.	gyi	Male	China	2009-12-26 18:33:00
K-1 Fiance(e) Visa Process & Procedures	How to reapply a denied K1 Visa? - China	My fiancee and I were denied for a K1, Dec.2008, I don't think refiling would be of any benefit, the reason that the original denial will show up on the refile, plus it will cost you another $450.00. I think the best bet is to make waves write the Dept. of State and USCIS asking for the reasons for the non-bona fide under the Freedom of Information Act this may just get you a run around and requirements that the beneficiary send a release form to release the information, second write your congress man or Senator quote the law about non-bonafide not being a legal reason to deny, let them know you know, let USCIS know you want to contest the decision, you may get a letter from USCIS, asking if you would like to contest the denial, this letter by all means answer, if you do not the denial will default to visa fraud, with the penalties. I had a trip planned to China, just after I mailed my reply to USCIS, while in China, I was told that USCIS had reaffirmed the original petition and sent it back to the Consulate, my fiancee lived in Guangzhou, so I made a trip to the citizens hour at the Consulate more to show our relation was bona-fide by making an appearance for our behalf. After doing all I wrote of; a second interview was scheduled for Dec. 2009, at which a K1 visa was granted. It is not an easy road, but it can happen on a reaffirmed petition.	gyi	Male	China	2010-05-26 13:38:00