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robertwdalton

Re-affirmed petition

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Filed: K-1 Visa Country: Vietnam
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Hello,

We did not pass our first interview for a K1 visa and our case was sent back to the USCIS. After almost one year our case has been re-affirmed and we have received once again Packet 3 from the HCMC. I was wondering if anyone can shed some light on what the chances are of passing a second interview once your case has been re-affirmed. Does it get easier or will we expect the same treatment as we received in our first interview.

Robert & Mai

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Filed: AOS (apr) Country: Vietnam
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Now you know what to expect at HCMC and what they had issue with the first time. You can be better prepared this time and get approved. As long as you address those previous issues your chances are very good... but do not take this process lightly.

Congratulations on the reaffirmation :thumbs: that was a big hurdle that many do not overcome....

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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Filed: K-1 Visa Country: Vietnam
Timeline
Now you know what to expect at HCMC and what they had issue with the first time. You can be better prepared this time and get approved. As long as you address those previous issues your chances are very good... but do not take this process lightly.

Congratulations on the reaffirmation :thumbs: that was a big hurdle that many do not overcome....

Thanks for your reply and congrats...we are praying all goes well 2nd time around...

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Is it safe to assume that your denial was due to the CO believing that the relationship was not bona fide?

If so, have you taken the steps to be able to demonstrate a valid relationship at the next interview?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Hello,

We did not pass our first interview for a K1 visa and our case was sent back to the USCIS. After almost one year our case has been re-affirmed and we have received once again Packet 3 from the HCMC. I was wondering if anyone can shed some light on what the chances are of passing a second interview once your case has been re-affirmed. Does it get easier or will we expect the same treatment as we received in our first interview.

Robert & Mai

From what I was told by the Consulate, take it or leave it, the Chief reviews re-affirmed cases and determines whether a visa will be issued or an interview will be required again. We are planning on a second interview.

Problems should have been addressed with your rebuttal to the service center and will probably need to be addressed if another interview is required.

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

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Filed: AOS (apr) Country: Vietnam
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Great info Kevin... I hope both couples get the visa with no issues this go.. You have both been through far too much already.

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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Filed: K-1 Visa Country: Vietnam
Timeline

Thanks to all of you who have replied.

Yes…the reason we were denied is because they felt that our relationship was not genuine.

We have lots of documentation for correspondence email, phone records and chat logs (we communicate every other day on Skype using a webcam so we can see each other).

We are worried because I could not make a lot of trips to Viet Nam without risking losing my job. I have made one trip for two weeks (we were engaged at this time) and another trip which is scheduled in a week. I will be there for two weeks again. So I will have visited my fiancée in person twice over an 18 month time frame. I will also travel to Viet Nam when she is scheduled for her interview. This will make three trips.

What else can we do to convince them that our relationship is real? Any suggestions?

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Filed: K-1 Visa Country: Vietnam
Timeline

Hey. I have a question. You just mentioned that you have lots of documentation such as emails, phone records and chat logs for Skype. Was this evidence submitted to the HCMC embassy for the interview? If not, what evidence did you submit with your I-129F and for the Interview?

<CARRICK>

Thanks to all of you who have replied.

Yes…the reason we were denied is because they felt that our relationship was not genuine.

We have lots of documentation for correspondence email, phone records and chat logs (we communicate every other day on Skype using a webcam so we can see each other).

We are worried because I could not make a lot of trips to Viet Nam without risking losing my job. I have made one trip for two weeks (we were engaged at this time) and another trip which is scheduled in a week. I will be there for two weeks again. So I will have visited my fiancée in person twice over an 18 month time frame. I will also travel to Viet Nam when she is scheduled for her interview. This will make three trips.

What else can we do to convince them that our relationship is real? Any suggestions?

K1 Visa Stage
Aug 23, 2010: I-129F NOA 1
Feb 07, 2011: I-129F NOA 2
May 23, 2011: Interview. Blue Slip
Jun 20, 2011: Submit Documents: 1) Timeline, 2) 10 year residency(me), 3) 10 year residency(Thu), 4) Letter explaining how/where we met. Second Blue Slip
Feb 03, 2012: U.S. Consulate Investigators call Thu's residence. Spoke to Thu and Thu's parents
Feb 27, 2012: Received email from the U.S. Consulate that our case is finished processing. Requested to submit updated Police & Medical papers.
Mar 06, 2012: Submitted updated Police & Medical papers.
Mar 21, 2012: Received K1 Visa
Apr 07, 2012: Point of Entry @ LAX

Adjustment of Status Stage
Apr 23, 2012: Got married!
Apr 30, 2012: Received Social Security Card
Jun 30, 2012: Applied for AOS
Sep 22, 2012: Received Employment Authorization Card...Still waiting for 2 yr GC

May 01, 2013: Received 2yr GC

Removal of Conditions Stage

Apr 18, 2015: Will apply for 10yr GC

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

The upcoming second trip ought to be a big plus. Do plenty of things with your SO's family and friends and take photos.

The trip back for the interview is nice too. At that time make sure your SO takes your passport inside and shows it at the interview.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: K-1 Visa Country: United Kingdom
Timeline
Hello,

We did not pass our first interview for a K1 visa and our case was sent back to the USCIS. After almost one year our case has been re-affirmed and we have received once again Packet 3 from the HCMC. I was wondering if anyone can shed some light on what the chances are of passing a second interview once your case has been re-affirmed. Does it get easier or will we expect the same treatment as we received in our first interview.

Robert & Mai

I'd expect and hope you get the same treatment. I'm assuming you know why you were denied the first time round? Use this knowledge to assist you 2nd time round. I don't see any reason why things would easier for you. What reason you do expect special treatment?

Dave

UK-US%20Flags2.gif

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Filed: Country: Vietnam
Timeline
Hello,

We did not pass our first interview for a K1 visa and our case was sent back to the USCIS. After almost one year our case has been re-affirmed and we have received once again Packet 3 from the HCMC. I was wondering if anyone can shed some light on what the chances are of passing a second interview once your case has been re-affirmed. Does it get easier or will we expect the same treatment as we received in our first interview.

Robert & Mai

I'd expect and hope you get the same treatment. I'm assuming you know why you were denied the first time round? Use this knowledge to assist you 2nd time round. I don't see any reason why things would easier for you. What reason you do expect special treatment?

Special treatment on a Ho Chi Minh interview would still be 4 to 5 times harder than the interviews they are given in Great Britian.

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

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Filed: K-1 Visa Country: Vietnam
Timeline

Hey. I have a question. You just mentioned that you have lots of documentation such as emails, phone records and chat logs for Skype. Was this evidence submitted to the HCMC embassy for the interview? If not, what evidence did you submit with your I-129F and for the Interview?

<CARRICK>

Yes, this documentation was available for the HCMC at the time of the interview. The only thing they asked to see was photographs. The asked Mai about 6 questions and then told her that we needed to provide a notarized document of the timeline of our relationship. When we provided that they then asked for information about her relatives in the US. We had to provide proof of address and citizenship. After we provided that they asked for documentation about my ex-wife whom I had no contact with for the past twenty years. We provided that. All this took about six weeks. After which they said that our petition would be denied. To tell the truth we were completely devastated and could not understand their reasoning.

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Filed: K-1 Visa Country: Vietnam
Timeline

I'd expect and hope you get the same treatment. I'm assuming you know why you were denied the first time round? Use this knowledge to assist you 2nd time round. I don't see any reason why things would easier for you. What reason you do expect special treatment?

Special treatment on a Ho Chi Minh interview would still be 4 to 5 times harder than the interviews they are given in Great Britian.

It is not that we are looking for special treatment. What we are wondering is since our petition was re-affirmed after being sent back to the USCIS, will this carry any weight with the people at the HCMC. Will they take into account that after review by the USCIS they felt that our documentation was sufficient and re-affirmed our petition?

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