K Visa China - K1 denied, what next ??

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miccor

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Hello, Our K1 was denied 31 JAN 08 from consulate in Guangzhou, China, "not a bona fide relationship, we'll return to USCIS". the officer would not even look at most of our evidence and the Consulate never requested any additional documents or evidence. I received a letter from our Senator today stating that the consulate was UNABLE (?) to disclose the specific reasons. My fiancee is the most kind and honest 49 year old woman and has a 9 yr old child. Clean medical, clean police record, divorced 7 years, has full custody of the child and a written letter of permission from her former spouse to allow her daughter to move to the U.S. and has never applied for any type of U.S. visa. I have been to China 3 times and stayed at her residence, accompanied her to the interview, satisfied financial requirements and have been supporting them since AUG 2006 because she was layed off.
Many questions, answers to any appreciated.
1. typical wait time for case to return to CIS and review completed?
2. if CIS approves again, do we recieve visa or do we have to go through everything again? what is the probabilty of approval ?
3. if CIS denies, they contact me, I appeal before an Immigration judge, should he favor for us, do we get our visa? if no, what ?
4. instead of waiting the many months for above scenario, what if we cancel
K1, marry and file a I-130 / CR1 or K3? would this pose any problems or snags because of previous case and what is the probablity of the consulate approving it? is it imperative that I know the SPECIFIC reasons for the K1 denial?
5. should I attempt this myself or seek attorney assistance, any referrals of attorneys experienced in these matters?
Thank you in advance for any information and assistance. We greatly appreciate it.
 
Many questions, answers to any appreciated.
1. Typical wait time for case to return to CIS and review completed?
It depends on the docket……….and on how busy the particular center is……..I can't guess.
2. if CIS approves again, do we recieve visa or do we have to go through everything again? What is the probabilty of approval?
The probability of approval varies depending on the evidence and why it was denied. I can't guess.
3. If CIS denies, they contact me, I appeal before an Immigration judge, should he favor for us, do we get our visa? If no, what?
If a review board or court grants it, it would be issued.
4. Instead of waiting the many months for above scenario, what if we cancel
K1, marry and file an I-130 / CR1 or K3? Would this pose any problems or snags because of previous case and what is the probability of the consulate approving it? Is it imperative that I know the SPECIFIC reasons for the K1 denial?
Get an immigration lawyer. Marriage would not wipe the problems of the k-visa.
5. Should I attempt this myself or seek attorney assistance, any referrals of attorneys experienced in these matters?
Check your local listing and talk to a few lawyers and evaluate them……..look for one who has been practicing at least for 10 years.
 
Any updates? Or question?
 
hello mafioso, I was recently deny for K1 visa and I have similar question.

When the declined case returned to the CIS, if the CIS review and reaffirm the consulate's decision, will they send out a Notice of Intent to Deny to the petitioner? On the NOID, will they give specific and concrete reason about why they make taht unfavorable desicion?
 
They would just check one of the boxes why without giving specific details. But your lawyer can probe deeper..... Know more and appeal further with immigration. Your lawyer might recommend marriage and refilling or appeal.
 
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