Dear Atty. Lou, Greetings! I am a Filipino working here in Guangzhou, China. My husband filed a fiancée visa in June of 2007. I had my interview last May 2008 and it was denied. The consul officer felt that it is not a true relationship since my husband and his ex-wife stayed as good friends. He then came here last July and talked to the US Consulate here in Guangzhou, China because this is were we filed our papers since I am working here. They said that the papers have been sent back to USCIS and there’s nothing we can do now but to apply again. He was advised to get married and apply for the CR1 visa. Thereafter, we got married here in Guangzhou, China. I have applied for a tourist visa but was twice denied. The fiancée visa was denied as well. Our fear now is do we have the chance of getting approved for the CR1? It is really hard being away. Can you please advice us on what to do? Where should we file it, PI or China? What are the papers that we need to bring? MS Fiance Dear MS Fiance, The reason you mentioned as basis for the denial of the fiancé visa is not a valid one. Being friends with the ex-spouse is not a ground in itself for denial. You may have failed to prove the fact that you had a good faith relationship with your US citizen fiancé. In regards to the visitor’s visa, since these visas are intended only for temporary trips abroad, your relationship with a US citizen may be an indication that you are an intending immigrant. Again, you probably were not able to prove that you are eligible for a visitor visa as you intended to live permanently in the US with your fiancé., The Consular Officer is correct in stating that your husband should just file a Petition for Immediate Relative (I-130) on your behalf. This is the petition that will allow you to be issued an immigrant visa or a green card if it is approved. Considering your prior denials especially you may want to support your petition with significant documentation to show that you indeed have a good faith marital relationship with your husband. There are some marriages that are entered for convenience and these are often denied by the immigration service. You have the burden of proving that your marriage is entered truthfully and for the purpose of living together as husband and wife. This petition is filed with the US Citizenship and Immigration Service at their Chicago Lockbox address. Once is it is approved, you will receive a notice from the National Visa Center to begin the processing of your visa. Since you were born in the Philippines and despite the fact that you are currently working in China, you will have to obtain your visa at the US Embassy in Manila. I hope this information is helpful. Atty. Lou
Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old.
The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel.
Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com
