It appears the consulate had already decided to deny the visa even before the interview. The reason for the denial was that there was insufficient evidence to establish a bona fide relation.
Question
After my third trip to China in 18 months I finally got my long awaited interview in Guangzhou China for a K-1 visa. I was not allowed to enter the interview room. My fiance was the only one who was interviewed. After 10 minutes the consulate gave her a boiler plate denial letter. At no time did the consulars ask to review the evidence for bona fide relation. We had accumulated for 2 years many pictures, hundreds of emails, receipts of engagement rings, hotel receipts, plane tickets and much more.
It appears the consulate had already decided to deny the visa even before the interview. The reason for the denial was that there was insufficient evidence to establish a bona fide relation. Yet they never bother to review our folder with the evidence. Our I-129F application was approved by USCIS and the case is now being remanded for revocation. I am so disappointed on how incompetent these counsulars are. We paid high filing fees and feel that we were ripped off by these consulars and they should be held accountable. I am contemplating filing a lawsuit in federal court under the Administrative Procedure Act for abuse of discretion and failure to follow their statutory obligations.
What opinion can you share. We both thank you for your thoughts.
Answer
Charlie, I am sorry to hear about the problem, but your situation is not uncommon. Couples who have genuine relationships often find themselves faced with a fiance or marriage visa denial and are at a loss to know what to do. It helps to contact an immigration attorney early in case processing since this is an important family member.
It always surprises couples when they come to realize immigration is an adversarial system. Immigration officers are like police. Some are friendly, but many seem tough and unfair sometimes. The role they have is to protect and serve the government’s interests. Officers have no duty to help you. You need to act defensively throughout case processing or it is easy for an immigration officer to pick at your mistakes as the justification for a denial. Now that you have been denied, immigration officers often will resist reversing the denial.
Simply marrying and processing on a spousal visa does not typically solve the problem. A visa denial is a serious matter that you likely cannot paper over by marrying. It is now part of your fiance’s immigration history, and immigration officers are serious; when they deny, they really mean it. They are denying her access to the U.S. You need to solve this problem of the denial first before taking other steps such as marrying abroad.
Immigration lawsuits are possible, but it is too early for you. You’ve just been denied and so your remedies are not exhausted. Suit under the Administrative Procedures Act can be possible. However, my belief is that you likely have not prepared a case with the possibility of a lawsuit in mind. This is the work of attorneys and you do not have that experience. It is important that your case be properly prepared and defended throughout processing. I will want to know what you have done up to this point and then set out an immigration plan going forward.
Try not to react emotionally to the denial. Immigration officers expect this. What the officer has done is an affront to your family. Even so, an immigration officer has already considered your next moves when the denial was issued. It becomes important to set emotions aside and act strategically. You need to fight for your family member, but smartly.
My first step will be to examine the actions of the government in deciding the case. I will want to see the following:
- A narrative from your fiancée detailing events from the time she entered the consulate for her interview until the time she left the consulate. Immigration officers have detailed notes of the interview and so you must also have your notes. Memories fade. If we were to file suit months from now the government will have a complete record and version of events, but you have no detailed record of the interview. What occurred during the interview is important. The narrative should include a summary list of documents she carried with her to the interview.
- There should also be a separate list of what documents the consulate officer reviewed and did not review prior to issuing the denial.
- A complete copy of what was filed with immigration agencies from the beginning and also a copy of all government notices.
The government has procedures it must follow when issuing a visa denial. If the government failed in its duties, it is important to document them for the record and lodge appropriate objections. This may cause the officer to reconsider, but chances of this happening are not good. More importantly, documenting the record and lodging appropriate objections can help neutralize the damage caused your fiancée by the denial and open the door to further steps needed for a successful visa application going forward.
Please contact me if you are interested in my assistance.
Kind regards,
Allan Lolly
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Thank you for your quick reply. I see you are a good attorney and what you say make sense.
Basically, when she entered the interview room they asked her if she spoke Spanish since I put in my application that I also speak Spanish. She said no. They also asked her if I ever filed a previous application which she could not answer. Two years ago I did file an application for Alien Relative but I withdrew that application and it was never adjudicated .The whole interview lasted less than 10 minutes
and she was denied as not having shown evidence of bona fide relation. But as I explained, they never look at the evidence. My understanding was that she only needed to show intent to marry in the USA within 90 days. Evidence of relation is usually left to the USCIS at an adjustment interview. So even though the consulate enjoys the doctrine of non-consular review in federal lawsuits, I think that someone needs to drag these consulates in federal court and explain to a court of law why they don’t review the evidence they request in their web site. I just think they are lazy or are under administrative orders to deny as many petitions on frivolous grounds. From my understanding, the consulate cannot readjudicate an approved I129F application unless there is new evidence not available at the time the DHS was adjudicating the I-129F application. Any potential red flags would have been caught in the initial application. I will consider filing the lawsuit and any other persons who have been injured should join in and hopefully make it a class action suit. I will keep you posted and thanks a million for your insight.
Yes, I am available to file suit and I have done it before on a K1 and have won. K1 processing should be strategic. It helps to gather all you can online, but then it takes an experienced attorney to act strategically.
You should only press matters that have a likelihood of success and are within budget. A class action is possible depending on like issues. Often, cases are different and then a class action is not suitable. The fact that the USCIS administratively closes virtually all returned K1 petitions may very well be good grounds for a class action. This is an isolated issue that is separate from the problems at the consulate, but I think it a good issue. It is difficult to find clients who have the funds and interest in pressing matters in court. I’m game. Kind regards, Allan
Mr.Allen,
My Ghanaian fiance recently got denied his Tourist Visa. He had all the supporting documents that where needed but still got denied. He said the interviewer was very rude to him even before the interview got started and it went down hill after that. My question is What does he need to do now? This was going to be our chance of getting to meet each other, since in order for him to apply for the Fiance visa, we must have at least met one time over the past 2yrs in-person.
Quinesia, It makes sense that your fiance would not be granted a visitor visa to the U.S. Visitor visas are issued to those foreigners who have money to spend on our tourist industry or who have business to conduct in the U.S. There must be some advantage to U.S. government interests before a B visitor visa will normally be issued. He must also show compelling reasons to return home once his visit has come to an end. Here is a further comment about B visas:
B Visa for Visitors
In order to qualify for a fiance visa, you first must meet in person. Since he cannot visit you in the U.S., you must visit him outside the U.S. You can meet in Ghana or anywhere else he can travel, but not in the U.S. Once you’ve made your travel plans to meet in person, please contact me for further assistance. allan@asl-lawfirm.com Kind regards, Allan
I am in the exact situation as Mr. Newman. I started the process in February 2013. The denial/Interview took place 12/24/2013.
Has a class action been filed? Any results yet? What can I do? I am at my wits end. The consulate has an endless loop of failure when trying to get a person on the telephone. The emailed response I got from them was just a statement stating the denial letter has been issued.
Please help.
Jake
Jake, People file cases differently, so they are not all the same. Class actions only work if all the cases in the class are the same, which the are not. I’ve sued on a denied K1 and prevailed. However, you cannot successfully file motoins, appeal, or sue if you made mistakes along the way. The government will not typically look at it’s own actions. Instead, it will look at your missteps as the problem. If you have an interest in working with me I am here to help. Allan
Abby, It’s a free consultation by phone if you have an interest in possibly working with me on case processing. If you simply want information, I am available to discuss for a modest fee. Please let me know your desire. Kind regards, Allan
my fiancé denied k-1 visa no reason after she submit all the requirement ,this happened in Ethiopia .to appeal what is the next step
Abebe, It is important to respond to the consulate to help set the record straight. An emotional reaction will not help. You need a strategic response based on procedural error if applicable. Otherwise, only the consulate officer’s notes will be part of her immigration record and this will hurt her chances of success if you marry and process on a marriage visa. Her prior immigration history will come right up into the marriage visa petition. An appeal on the K1 is unlikely. I work a great deal with visa refusals for people calling me in this situation. If you have an interest in hiring me to assist from this point forward, please contact me off-post and I will be glad to discuss further. Kind regards, Allan
Good Evening!
Embassy of US in Ethiopia emailed me this morning stating, during the course of the interview on 1/29/2015, the Consular Officer carefully reviewed the evidece presented and was not convinced that the petition represents a bona fide relationship as required under Section 221(g) of INA. This section prohibits the issuance of a visa to anyone whose application doesn’t comply with INA regulations. We are still in a state of shock because we provided as much evidence as we could because we knew the more, the better. The I-129F petition is due to expire on 2/28/2015. Does NVC has the authority to extend the petition date and do they have the authority to override the decision made by the Embassy Consular? Do you have a direct number I can call to discuss this further?
Thank you in advance, Mr. Lolly!
Joseph, Were you working with a licensed attorney on this matter? There may not have been good planning is my concern. There should be a phone number on this page. Do you see it? If not please write me back on this blog and I will reach out to you privately. I can help. Kind regards, Allan
Hey so what do i need to do to get approved marry a chinese citizen. That i have been with for 4 years and had a a total of a year of actially being with eachother.
Zachary, Were you denied a K1 fiancee visa for her? I’m available to help with case processing, including appeals and court actions as needed. Can you please call me if interested? I’d be glad to discuss and assist. Very kindly, Allan
Does it make a difference if the foreign fiancée is pregnant? If there is already an Amcit child of the couple, whether yet married or not?
Can it be a solution for the couple, if they can substantiate it, to obtain a NAFTA visa and live in Canada for a time, the way such couples can do with “Surinder Singh” visas under EU law when they have been denied a marital visa for the UK?
I do not myself practice immigration law but I do refer people, and try to encourage them to get their facts in order — as you have suggested above.
Andy, I am sorry but I do not clearly understand the situation. Are you a U.S. citizen who has a Chinese fiancee that was denied a K1 visa? Her pregnancy can be a plus if it can be established that the U.S. citizen is the biological father. The child is not automatically a U.S. citizen if the mother is a foreigner and the couple is not married. The USC father can help the child acquire U.S. citizenship. It’s fine to reside in Canada. The goal is to spend as much time together as a couple as you can.
I’m available to help with case processing a denial of any visa is a serious problem that needs proper attention. You are welcome to contact me off-post if you have an interest in working with me on case processing. Kindly, Allan