We filed a fiance visa (which was denied at her interview). She said one of the reasons (she was told) is that they were only approving marriage visas.

Question

I am seeking a cr/k3 spousal visa. We met through a co-worker. I stayed w/Xia in 2008. We seemed to hit it off. Emailed and texted each other (frequently). I went to China again early 2010 and stayed with Xia (and her family). We filed a fiance visa (which was denied at her interview). She said one of the reasons (she was told) is that they were only approving marriage visas. This is an HONEST REAL Relationship, so we decided to get married. We married in August 2011 in China. She is 32, her son is 11 and I am 43. We Love each other, but know this is a long tedious process. I believe professional help will be needed. Thank you, Sincerely

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Answer

Howard, Thank you for your inquiry. Up to this point, have you been advised by a qualified immigration attorney? It helps to obtain attorney advice early on and not rely on what others suggest. When problems arise, well-meaning people who gave suggestions tend to disappear. In your case, I wish I were contacted early, especially before you married.

The situation can be salvaged, but your actions make my work more problematic. People tend to react out of haste and fail to proceed with deliberation. When denied a visa you are simply another in a long list of denials that day and immigration officers already know how you will react.

They are prepared and you are not prepared.

What is important is to break everything down and respond appropriately to developments as they occur. For example, has your fiancee taken the time to write out all that she recalls happened on the day of her interview? The government made its notes. Very likely, the government has made mistakes and it is very likely you have not objected appropriately. It is likely you have simply accepted the decision without question and have reacted without good advice and without careful consideration. Once denied, it appears there is something wrong with your relationship. The tendency of the government going forward is to continue denying. A marriage often will not save you. You cannot easily cover up a K1 visa refusal by marrying.

I would need to go back to the beginning and work the case forward from there. This is why bringing me in early helps. When we take a case from scratch, I already have a picture in my mind of how to handle contingencies. This is like a chess game, so you need to make deliberate moves as you go or you compromise your position. You should not expect that immigration officers will be friendly toward you. Their essential function is to find problems and deny.

I have a working knowledge of visa refusals. I would be coming into the middle of a problem. You are welcome to call to discuss.

Kind regards,
Allan