Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!

When we were denied and the consulate told us it was being sent back, I called USCIS and talked to a real person. They told me I could write a hand written motion to the consulate requesting that they keep the case there. I sent a letter asking them to please hold the case. I told them I was flying to Vietnam and I would like to rebut the CO'c decision. That didn't work. I also emailed them. This was their reply:
After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation. Your fiancée's case is now being prepared for return to the service center at which her petition was filed. A consular officer will prepare a memorandum explaining our concerns regarding the case for the service center's review. Once this process is completed, we will inform your fiancée and return all personal items submitted in support of the application to her.

If you would like to meet a consular office to discus about this case, you can request for an appointment upon your arrival in Hochiminh City. At that time, you should send your request to the Information Unit. You can send your request by fax, email or in person at the Consulate. We regret that we can schedule an appointment in advance.

Sincerely,

Info Unit Staff
Consular Section
U.S. Consulate General HCMC
Tel: (84-8) 822 9433 - ext 4636
Fax: (84-8) 824 5572
E-mail: hcmcinfo@state.gov (regarding visa issues)
acshcmc@state.gov (regarding services for U.S. citizens)

Maybe a senator or congressman could request it stay there until your attorney arrives back in HCMC. I am not sure.

I forgot to mention that I received that email on November 13 and the case file didn't leave the consulate until December 6.

I am right there with you buddy. This is truely a miserable feeling. On the outside I am putting on a strong front. I am joking with people and trying to be a pillar of strength for my fiance. But on the inside I am falling apart. The shock and surprise that this is happening is turning into a cold reality and I am searching for a place in my soul to shelf it so I am not constantly tripping over it.

Although I am doing everything I can to keep the current petition alive, I am beginning to plan for round 2. Rather than filing another K1 petition and having my dream wedding/honeymoon at Niagra Falls in the US, I am thinking our best course would be to marry in Vietnam and got for the K3/CR1 visa. Maybe an effin marriage certificate will convince the CO next time that our relationship is real. I figure we should have some resolution either way on the K-1 by the end of the summer so I am looking to plan a trip to Vietnam in late October. I just have to find out what the process is for marriage over there. So if any of you guys will be in Vietnam at that time, I will buy you a bowl of Pho.

That said, I am also going to research immigration requirements to other countries. I will not stand for round 2 being denied. I love America but I refuse to let America run my life. If it take leaving the states, then that is what we will do.

I have put a lot of thought into moving to Vietnam myself. Have you thought about that? I think I will go for Xuan's interview and if she does not get her Visa for some reason I think I will just stay and renew my Visa every 6 months.

Well everyone,

I've gotten everything my congressman's office asked for together. And I will hand deliver it tomorrow afternoon. Hopefully they can help in some way.

Also Ngoc called ME's assistant in Ho Chi Minh City and has setup an appointment to see him.

I'm so low I'm not expecting any help at this point, but the fact that I am trying to do something about it is keeping my head above water.

The worst part of this is having to explain to everyone you know why you didn't get the visa. And then them agreeing with you that someone must be on drugs not to approve it.

Sigh...

ME just contacted me. He will be going to the consulate tomorrow about my (and others cases). Fingers are crossed!

Finally Good News!

Ngoc's visa has been approved after review by the chief CO! I don't really have any details outside of they changed their mind. But I really don't care either, just happy we finally got it!

Best 4 am phone call I ever got!

Congrats! When you get a chance,can you please fill us in on what ME did for you and what happened when the Chief reviewed your case?
Good Luck on the rest of your journey!

From what Marc told me, this was a weird one. He presented our case along with some others. He was told a few minutes later that our case had been approved. I don't know why it was miraculously approved. Marc had everything laid out with all our evidence, a direct rebuttal including case law & presidents. My thinking was between me pestering the consulate, my congressman contacting them, and Marc showing up to represent me, they just wanted to get rid of the case instead of looking like idiots. I have no other logical explanation.

From what Marc told me, this was a weird one. He presented our case along with some others. He was told a few minutes later that our case had been approved. I don't know why it was miraculously approved. Marc had everything laid out with all our evidence, a direct rebuttal including case law & presidents. My thinking was between me pestering the consulate, my congressman contacting them, and Marc showing up to represent me, they just wanted to get rid of the case instead of looking like idiots. I have no other logical explanation.

Hello Everyone,

Boy I wish I found this website a week or two ago. We in a similar boat to the thread AmericanGentleman started.

My fiancee, Ngoc had her interview at the HCMC Consulate on Monday the 16th at 8 am.

We thought we were really well prepared. We ran through the instructions multiple times, made sure we had everything in duplicate. Our lawyer (US Lawyer) said our case should be open and shut no problem. We had plenty of evidence and it was well documented. Ngoc listened and practiced sample questions prepared by our lawyer, and I grilled her to make sure we were prepared.

Then disaster struck.

Ngoc was interviewed by a Asian man and a female translator. Had we known about the translators, Ngoc would have done the interview in English. We only opted for the translator, because we didn't want any misunderstandings. Big mistake.

Looking back on what was asked, these seem to be the problem:

How did you meet? = My Uncle JBV and introduced us.
How did you Fiance propose? = He gave me a diamond ring and asked me to marry him. -- this lead to two more questions
You didn't have an engagement party? = No, just proposed with the ring
What is your relationship to your Uncle? What is your Uncle's relationship to your fiance? = My uncle is my Grandmother's Sister's Son (so really 2nd cousin). Uncle JBV and my fiance are friends.

Here is the big problem - Translator still says to the interviewer that Uncle JBV is an Uncle not a Grandmother's Sister's Son.

Then the BLUE slip asking for the following:

Two Electronic DS 156 (We had two typed ones -- ok no big deal, we goofed a little on the convoluted instructions)

List of Names, dates of birth, addresses of Family in the US -- Ok we can get this together fairly easily

Timeline of relationship - Ok no problem, can have it notorized at the embassy. Only problem is I write JBV is her 2nd cousin (which is 100% true).

Petitioner - Proof of purchase of 3 trips worth of airline tickets by credit card statement (weird considering my tickets are included in the packet with our proof, but not a problem)

We rush around all morning thinking we just need to turn this in, and we will be in good shape. Go back to the embassy at 3 pm. Told by security I cannot have my timeline notorized until 8 am. Ok no biggie, what is one more day?

We go back on the afternoon of June 17th at 1pm. We figure it shouldn't take like maybe one and a half hours. Four hours later Ngoc comes out crying saying " They Said We Lied!" WTF?

We got the GREEN SLIP:

Beneficiary and Petitionerstatement conflict = She says her Uncle introduced them and her uncle is friends with petitioner. Petitioner says 2nd cousin introduced them, and that Uncle is his best friend

Claim to have started communicating in March 2006, but email starts in August 2007.

Internet phone records only show billing, not phone number of petitioner or beneficiary

Photographs submitted as proof do not show the petitioner and beneficiary have spent more than 2 days together.

CASE BEING SENT BACK TO USCIS

WTF?

So I call the Consulate on the cab ride, and am told I cannot speak to a CO. Our case is being returned etc. I said your CO didn't do their job. I can prove he is wrong. They say ok, bring back the GREEN sheet with your proof.

So I write a nice letter explaining everything. The translators miscue, the fact that we are talking about the same exact person, regardless if he is her uncle or second cousin or other semantic BS. I don't know why there was no email from March 2006 to August 2007. I print out our backups of the missing email. I download detailed billing from Skype and Yahoo Voice showing Ngoc's phone number and the time and cost of each call. Finally and this is the one that really annoys me is the pictures. We submitted about two hundred photos. I went and printed 800 more photos from my flickr account. Each with a date stamp showing the date the photo was taken from the EXIF information. Over 15 different days. 2 my butt.

Head back to the embassy at 8 am. Get sassmouthed by the woman at the window. I demand to speak to a CO and an American. Finally she says if I come at 1pm I can talk to one of the COs.

1pm comes around. I am first in line. Get my ticket and wait. Talk to another local at the window. Won't let me do anything without giving him our Green sheet and proof. Gives me another ticket and says wait by window number 9. 3 Hours go by and it seems everyone with Fiancee cases has been called over a hour ago. Now we are into regular immigration and work type visas from what I can tell. Only locals show their faces in the windows. So when a window opens up I jumped in before they could call the next number. THEY FORGOT ABOUT ME. Then I had to give them my Fiancee's name again, case number etc. Wait some more please. She comes back finally about 40 minutes later. Sir this visa is being sent back to the US. AHHHHHHHHH!!!!! I said I want to talk to the supervisor now. Thinking that if I can talk to an American, he will use his brain and see, duh well we had some paperwork to get cleared up, but we would have it settled. No Dice. Middle aged guy wearing glasses.

I asked him what seemed to be the problem. He said they had a "feeling" our relationship was a sham. I was like what? I said we did everything you asked us. I wrote a detailed letter. I proved everything you said was an issue wasn't. Why do you "feel" our relationship is a sham, that is very nebulous. He said yeah it is. I asked him how can I prove to you that our relationship is genuine. He said I really don't see how you can. I said well look at the letter and the evidence. He said how do I know you did this, how do I know the evidence is real. You didn't sign your letter. I didn't because the man up front took it before I could ask questions. Could I sign it now? Do you have proof of who you say you are? Is my US Passport good enough? I'll hold off on sending this back to USCIS for a few weeks and maybe I'll look this stuff you provided over. I told him I am here until the 24th. Lets get this taken care of. I can come back everyday if needed. No DON'T COME BACK (it wasn't a suggestion), I'll call your girlfriend if I change my mind.

So needless to say we are floored. I just got back a few hours ago. I've called my representative and am waiting to be called back. I don't know what else to do, all our plans were tossed away. Our deposit for wedding pictures lost. We can't make invitations, her wedding dress, my suit. My parents are having to change their vacations at work. This is messing up two familys. Nevermind me having to explain to her relatives why we aren't getting a visa.

Anyone have any suggestions?

Finally Good News!

Ngoc's visa has been approved after review by the chief CO! I don't really have any details outside of they changed their mind. But I really don't care either, just happy we finally got it!

Best 4 am phone call I ever got!

Just to update, Ngoc and I entered the US together yesterday! Going to get our marriage license today and getting married Saturday!

Just to update, Ngoc and I entered the US together yesterday! Going to get our marriage license today and getting married Saturday!