K-1 denial
Apr 20th 2010, 2:03 am
#1
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Posts: 10
K-1 denial
My friend filed an I-129F to bring his fiance here from China. Even though she went to the interview for a K-1 visa in Guangzhou with over 100 pictures as proof of a valid relationship, she was denied for lack of evidence after a two minute interview. What's the best thing for her to do now, have the US fiance file another I-129F petition?
Thanks for your help.
Thanks for your help.
Apr 20th 2010, 2:24 am
#2
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Joined: Jul 2007
Posts: 601
Re: K-1 denial
My friend filed an I-129F to bring his fiance here from China. Even though she went to the interview for a K-1 visa in Guangzhou with over 100 pictures as proof of a valid relationship, she was denied for lack of evidence after a two minute interview. What's the best thing for her to do now, have the US fiance file another I-129F petition?
Thanks for your help.
Thanks for your help.
K1 can be refiled keeping in mind the issues of the denial. A proficient counsel will help you refile by overpowering the issues and objections raised in the denial. All this happens with strong documentation and presentation.
Good Luck!
Apr 20th 2010, 2:42 am
#3
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,474
Re: K-1 denial
My friend filed an I-129F to bring his fiance here from China. Even though she went to the interview for a K-1 visa in Guangzhou with over 100 pictures as proof of a valid relationship, she was denied for lack of evidence after a two minute interview. What's the best thing for her to do now, have the US fiance file another I-129F petition?
Thanks for your help.
Thanks for your help.
Apr 20th 2010, 2:58 am
#4
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Joined: Jan 2009
Posts: 10
Re: K-1 denial
Thanks. I am wondering, if the petition gets sent back to the US, the petitioner rebut an NOID and the petition remains valid, does the petitioner still need to file a new I-129F or can the old one be reactivated?
Comment: Marc Ellis.
Apr 20th 2010, 3:05 am
#5
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Re: K-1 denial
Comment: I am curious what Marc will have to say about your excellent question. By the way, Marc is the maven on situations such as yours.
Apr 20th 2010, 5:48 am
#6
Joined: Apr 2002
Posts: 35,082
Re: K-1 denial
They need a lawyer, preferably one with experience with China. Marc Ellis can be busy & difficult to reach, but his articles published on the NOID topic should be illuminating to your friend.
The China-specific 'Candle for Love' forum will have good information on this topic as well, and they may know a lawyer who specializes in China returns.
Apr 20th 2010, 6:21 am
#7
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Re: K-1 denial
IMO, you've got enough lingo to be dangerous to your friend.
They need a lawyer, preferably one with experience with China. Marc Ellis can be busy & difficult to reach, but his articles published on the NOID topic should be illuminating to your friend.
The China-specific 'Candle for Love' forum will have good information on this topic as well, and they may know a lawyer who specializes in China returns.
They need a lawyer, preferably one with experience with China. Marc Ellis can be busy & difficult to reach, but his articles published on the NOID topic should be illuminating to your friend.
The China-specific 'Candle for Love' forum will have good information on this topic as well, and they may know a lawyer who specializes in China returns.
Further comment: Ghuagzhou is quite problematical these days on K's.
Apr 20th 2010, 2:16 pm
#8
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Joined: Jun 2009
Posts: 40
Re: K-1 denial
Adding to the good advice that is already posted... with just some thoughts.
I have also heard of Guangzhou being very sticky. So why not get married in China first? After all, wedding banquets are so important to Chinese family, so why not add to the 100 pictures and get some wedding photos?
I can guess reasons might be age gap, English abilities and so on. I have read about the USC using local reps / senators to help push things through Guangzhou. There are also some west coast firms that deal with petitions through Guangzhou.
I have also heard of Guangzhou being very sticky. So why not get married in China first? After all, wedding banquets are so important to Chinese family, so why not add to the 100 pictures and get some wedding photos?
I can guess reasons might be age gap, English abilities and so on. I have read about the USC using local reps / senators to help push things through Guangzhou. There are also some west coast firms that deal with petitions through Guangzhou.
Apr 20th 2010, 2:37 pm
#9
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: K-1 denial
Adding to the good advice that is already posted... with just some thoughts.
I have also heard of Guangzhou being very sticky. So why not get married in China first? After all, wedding banquets are so important to Chinese family, so why not add to the 100 pictures and get some wedding photos?
I can guess reasons might be age gap, English abilities and so on. I have read about the USC using local reps / senators to help push things through Guangzhou. There are also some west coast firms that deal with petitions through Guangzhou.
I have also heard of Guangzhou being very sticky. So why not get married in China first? After all, wedding banquets are so important to Chinese family, so why not add to the 100 pictures and get some wedding photos?
I can guess reasons might be age gap, English abilities and so on. I have read about the USC using local reps / senators to help push things through Guangzhou. There are also some west coast firms that deal with petitions through Guangzhou.
Rene
Apr 20th 2010, 2:40 pm
#10
Forum Regular
Joined: Jun 2009
Posts: 40
Re: K-1 denial
Well as it sounds, they could be otherwise in limbo land for a long time, with the present situation...
It was just an idea, but I am sure that G/Z like to see Wedding banquet photos... Just it fits more from a cultural perspective.
I am sorry for the OPs friend.
It was just an idea, but I am sure that G/Z like to see Wedding banquet photos... Just it fits more from a cultural perspective.
I am sorry for the OPs friend.
Apr 20th 2010, 2:46 pm
#11
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Re: K-1 denial
Was a 100 pictures the only evidence they provided?
Apr 20th 2010, 3:09 pm
#12
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Joined: Jun 2009
Posts: 40
Re: K-1 denial
I think this is an interesting article.
http://www.ilw.com/articles/2006,0323-ellis.shtm
As it would seem that OPs friend needs to reply to NOID, even if they do get married.
Anyway it would seem that splurging a few bucks on a lawyer could be a great idea!
http://www.ilw.com/articles/2006,0323-ellis.shtm
As it would seem that OPs friend needs to reply to NOID, even if they do get married.
Anyway it would seem that splurging a few bucks on a lawyer could be a great idea!
Last edited by Emily B; Apr 20th 2010 at 3:26 pm.
Apr 21st 2010, 12:18 am
#13
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Joined: Jul 2007
Posts: 601
Re: K-1 denial
I think this is an interesting article.
http://www.ilw.com/articles/2006,0323-ellis.shtm
As it would seem that OPs friend needs to reply to NOID, even if they do get married.
Anyway it would seem that splurging a few bucks on a lawyer could be a great idea!
http://www.ilw.com/articles/2006,0323-ellis.shtm
As it would seem that OPs friend needs to reply to NOID, even if they do get married.
Anyway it would seem that splurging a few bucks on a lawyer could be a great idea!
Apr 23rd 2010, 11:46 am
#14
Taunton, Somerset to PA
Joined: Sep 2004
Location: Pittsburgh PA
Posts: 196
Re: K-1 denial
Age difference should not be a problem, my wife is 13 years younger than I.
They need to take more evidence than just photos, phone records, letters etc are good to use.
They need to take more evidence than just photos, phone records, letters etc are good to use.
Apr 24th 2010, 2:32 am
#15
Member
Joined: Apr 2001
Posts: 14,049
Re: K-1 denial
EB,
Getting married does not, in an of itself, solve the problem of overcoming the consular officer's concern about the basis for the relationship.
Regards, JEff
Getting married does not, in an of itself, solve the problem of overcoming the consular officer's concern about the basis for the relationship.
Regards, JEff
