Help - Search - Members - Calendar
Full Version: Visa Denied Also
VisaJourney.com > General Discussion Area > Regional Discussion > Asia: East and Pacific (Except China)

Pages: 1, 2
pasaitoh
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?
Jomo's girl
God, I am so sorry.
panamania79
QUOTE(pasaitoh @ Jun 25 2008, 04:07 PM) *
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?


I know exactly how you feel.I am so sorry.Call your senator also and have him write you a letter also.
What's next
give it a couple of days. i was in the same situation. i understand the fustration and helplessness. wait a few days, then give them a call for status. you may want to advise your attorney. sorry man.
Gradie and Jane
Im sorry this happen to both of you... but there's a saying TRUE LOVE conquers all and offer this everything to God, and He will give you the answer.
KGSodie
Being the sarcastic SOB I can sometimes be, I would have latched on to him referring to your 'girlfriend', and would have said "Since you just referred to her by a term that implies a relationship of which you are aware, isn't that proof to you???"
Kevin and Tuyen
Sorry to hear what happened to you, I can relate. Have you had your Attorney contact the Consulate? Have your Senator and/or Rep contact the Consulate also.
pasaitoh
QUOTE(KGSodie @ Jun 25 2008, 04:48 PM) *
Being the sarcastic SOB I can sometimes be, I would have latched on to him referring to your 'girlfriend', and would have said "Since you just referred to her by a term that implies a relationship of which you are aware, isn't that proof to you???"


Man I wish I had thought of that at the time.
pasaitoh
QUOTE(Kevin and Tuyen @ Jun 25 2008, 04:48 PM) *
Sorry to hear what happened to you, I can relate. Have you had your Attorney contact the Consulate? Have your Senator and/or Rep contact the Consulate also.


My Attorney said at this point you can't fight city hall. I might as well go for a K-3. Starting to think my lawyer isn't all that great.

Still trying to get calls back from my Senators and Rep.
brnidokiegurl
get your state rep......the lawyer just sees more money...i dont know how your embassy works but some at casa have been held and process with visa in the end..refile and your looking at another year
KimandRuss
Your attorney should be your hope right now. Find another if he's not going to do anything to keep it there. It's imperative that you keep your petition in Vietnam and not let them send it back to the uscis.

QUOTE
Being the sarcastic SOB I can sometimes be, I would have latched on to him referring to your 'girlfriend', and would have said "Since you just referred to her by a term that implies a relationship of which you are aware, isn't that proof to you???"


laughing.gif that was good!
Kevin and Tuyen
QUOTE(pasaitoh @ Jun 25 2008, 03:54 PM) *
QUOTE(Kevin and Tuyen @ Jun 25 2008, 04:48 PM) *
Sorry to hear what happened to you, I can relate. Have you had your Attorney contact the Consulate? Have your Senator and/or Rep contact the Consulate also.


My Attorney said at this point you can't fight city hall. I might as well go for a K-3. Starting to think my lawyer isn't all that great.

Still trying to get calls back from my Senators and Rep.


That's BS, this is the point where your attorney should be stepping up for you. Get rid of him/her if they won't perform the service you hired them for.
AmericanGentleman
Pasaitoh,
This may be of little consolation, but you just saved me 2000 dollars and possibly a long prison sentence in a vietnamese jail and/or a bullet from a marine.

As you may have read I have been torn between trying to go to Vietnam right now and go to the embassy in person and demand to speak to the Chief CO. Had I gone and went thru what you just did, I would have throttled the man! I am not a violent person and have not stuck a person out of anger since the 5th grade, but everyone has a breaking point and THAT would have been it for me, for sure.

I am getting no response from my congresswoman or my senators. In addition to hiring ME I am going to try to contact someone in the State Department and tell them that something is SERIOUSLY wrong at this embassy. This is so effed up.

pasaitoh
I just spoke with ME. He said in my case it might be difficult to get it turned around at HCMC, but he could help. Basically he said the CO I spoke to is the head at HCMC and isn't very nice. So here is hoping!
DARUMA07
I have nothing to add, but I just want to say I am sorry that you two have to go through this.... Fight till the end. The wheel that squeaks the most gets the grease! Good Luck to you both! good.gif
WideAwakeInTheUSA
QUOTE(pasaitoh @ Jun 25 2008, 04:54 PM) *
QUOTE(Kevin and Tuyen @ Jun 25 2008, 04:48 PM) *
Sorry to hear what happened to you, I can relate. Have you had your Attorney contact the Consulate? Have your Senator and/or Rep contact the Consulate also.


My Attorney said at this point you can't fight city hall. I might as well go for a K-3. Starting to think my lawyer isn't all that great.


Still trying to get calls back from my Senators and Rep.




This isn't the Lawyer, is it?



O.K., just when I think I have heard it all! A freaking Lawyer telling you that you can't fight City Hall? Be glad that the fact that he or she is clueless and spineless is coming out now. You could have been taken for more money.
Omoba
Your lawyer is crazy. Contact your representatives and attorney Mark Ellis who specializes in relationship proof / denial cases, at least get a consultation, he will help you.
Do NOT at this time do a K3 !
chadherm
I am so sorry man to hear abour your case! But dont lose your hope ok......... Things will be fine
2x2y2z
Anger isn't going to help. But if it were me, I would turn into Rambo pretty quick... These folks seem like scum to me.

Rationally, this is what comes to mind:

1) Do whatever you can before it gets sent back to the U.S.

Ask them what they would like to see. Ask them who do they want to talk to, to show that you have all sorts of plans and so forth. Give them phone numbers to call, offer them anything that would convince them that they have made a mistake.

Be nice... Don't confront him/it. He/it has all the power in this situation.

If you can shed some tears, do it. Plead, do whatever to get a second chance to prove to him/it that you two are legit.

2) Basically, in their interpretation, your case is weak.

So, you must do whatever that you can to change that. If they get annoyed, they have every power to ship everything back to the U.S.

Also, don't screw around with the Vietnamese staff. They will only waste your time. Get to the people in charge, if that is even possible.

Good luck. My heart goes out to you guys.
dbears
My heart goes out not only to the OP but also to those who have gone through the same.. I am seeing some timelines here and seeing dates of interview with "denied visa" instead of the "approved".. i dont know any of you but my heart breaks for what you all are going through.

I may be not in your shoes but I know how hard it is to be away from the person you love.. and for somebody to insinuate that what you both have is not true, it is just adding insult to injury. sad.gif .

I hope and pray that all those who have been denied will have the decision revised soon and that you will all be united with the person you chose to love.

My prayers are with you all. rose.gif
paothao
QUOTE(pasaitoh @ Jun 25 2008, 04:54 PM) *
QUOTE(Kevin and Tuyen @ Jun 25 2008, 04:48 PM) *
Sorry to hear what happened to you, I can relate. Have you had your Attorney contact the Consulate? Have your Senator and/or Rep contact the Consulate also.


My Attorney said at this point you can't fight city hall. I might as well go for a K-3. Starting to think my lawyer isn't all that great.

Still trying to get calls back from my Senators and Rep.


Sorry to hear a hope turn into nightmare. I think your US Senator can help. If worse come to worse, file for K3 (getting married). Send your US Senator your details email above. He'll know what to do with it. Good luck!!!
Rodney n.
seems like sometimes its luck of the draw and depends on the mood of the CO , which is pretty crappy. my finaces interview is july 22nd and i hope everything goes well. got about 15 lbs of paperwork too bring so i hope its enough. got timeline, chat logs, phone bills, text messages, e-mails, letters, pictures, of engagement ceremony and of travels around vn. i only made one trip to vn and am wondering does this really matter?

rodney
pasaitoh
QUOTE(Rodney n. @ Jun 25 2008, 09:44 PM) *
seems like sometimes its luck of the draw and depends on the mood of the CO , which is pretty crappy. i only made one trip to vn and am wondering does this really matter?

rodney


Yeah I think the CO's we dealt with had bad breakfasts or lunches. I traveled three times to VN, and it certainly didn't help me.
AmericanGentleman
The one common denominator I am seeing is this female translator person. I wonder if it is the same person. On a positive note, my employer told me he would allow me to work remotely should it come to me having to immigrate to another country that will accept me and my fiance. Would I renounce my US Citizenship if it was the only way to be with my love? Yes. In a heartbeat.
Matt_Stevens
How many times has this been said?... NEVER use a translator. NEVER, EVER, EVER if you speak English. Even if the English isn't perfect, speak it. The translators get off an screwing people over. It is a position of power.

The only thing that will ever change this craziness with the Vietnamese embassy is a huge lawsuit that goes all the way to the Supreme Court. Otherwise, it will never end.
kid brooklyn
QUOTE(pasaitoh @ Jun 25 2008, 04:54 PM) *
My Attorney said at this point you can't fight city hall. I might as well go for a K-3. Starting to think my lawyer isn't all that great.

Sorry to hear about your ordeal, it sucks that you know you have done nothing wrong and yet they can just say NO.

"You can't fight city hall" ????

Yes, your lawyer is a dirtbag schister. But really he's just a typical lawyer; he got paid, so he washed his hands of you and said good luck. I'm sure if you coughed up a few more dollars he'd find the insipration to fight this.

One question, why didn't your fiancee speak up right away when the translator f-up the translations?

I wish you luck.
pasaitoh
QUOTE(kid brooklyn @ Jun 26 2008, 10:34 AM) *
QUOTE(pasaitoh @ Jun 25 2008, 04:54 PM) *
My Attorney said at this point you can't fight city hall. I might as well go for a K-3. Starting to think my lawyer isn't all that great.

Sorry to hear about your ordeal, it sucks that you know you have done nothing wrong and yet they can just say NO.

"You can't fight city hall" ????

Yes, your lawyer is a dirtbag schister. But really he's just a typical lawyer; he got paid, so he washed his hands of you and said good luck. I'm sure if you coughed up a few more dollars he'd find the insipration to fight this.

One question, why didn't your fiancee speak up right away when the translator f-up the translations?

I wish you luck.


My fiancee did not correct the translator for two reasons. 1) She was nervous, and didn't realize it would be an issue 2) You don't correct someone in a position of authority, she was scared half to death as it was

I think perfectly reasonable. This is a semantic issue. Really I goofed here, not my fiancee. If I had kept with her family's traditional way of addressing my friend instead of trying to be exactly accurate it wouldn't be an issue. See what trying to do the right thing gets you?

Ehhh

On a positive note, my Congressman's office did call me back. They asked me to send in a bunch of stuff about the case and also about how badly we were treated. Maybe we can get some leverage there. This is still so dizzying to me.
Matt_Stevens
That nervousness, being scared, is looked at as a negative. Unfortunate, but true.
LuckyDucky
I'm sorry to hear this. sad.gif I hope it gets resolved!
menyoo
pasaitoh and AmericanGentleman,

Sorry to hear about your cases. OH Man! everytime I heard stories like you guys, my heart is burning like a wild fire. I was as mad and as sad like you guys are now. When I was there, I almost punched through the glass window and choked those F**kers (Vietnamese staff) to death. I saw many black cabinets right behind window 8 or 9 with a giant word lable PENDING. I belive 80% of those cases are eithier Californian or Texan petitioners. Is there any way to stop this prejudice process, wondering?


I wrote my story about 9 months ago how I dealt with those mother f**kers over there. They didn't send my case back to the US like you guys, but they made our lives a living hell.

I assume it must be very difficult to fight a case that may be returned to the states. My case was delayed for almost 2 years, but they kept it in HCMC. The short Asian CO was the one who approved my case after so many blue and green slips handed out to my wife by the same Vietnamese staff (I think he was waiting for my bribe money, which he didn't get a cent) I wish I can help, but what I know you guys probably already knew. If you laywer can't fight for you, I can't think of anyone who can. Hopefully your Senators or congressmen or congresswomen get involved.


Does anyone dare to said that someone actually paid bribe to those Vietnamese staff to get pass K-visas? I'm always wondering what those offices located near the US Ambassy have to offer. Do they have any connection with those VS(bunch of ###*oles)?

I wish you guys the best of luck fighting for you loves, we're always on your side.
TBoneTX
Every illegal Mexican in Texas is rolling on the floor in hysterical, derisive laughter at all this. And, it's not just at this consulate. See the thread "US Consulate in Guayaquil, Ecuador" in the Latin American subforum for some of the monkeyshines affecting FOUR of us (two K-1, two CR-1) this week and next. I fear that it will be only the tip of the iceberg for us, too.

Fight like a b*stard to overcome the injustice foisted upon you, si man.
~bLairwhich~
Thanks for sharing your experience to us. I was thinking that you just get married in her homecountry?
Richard and Li
I always am saddened by stories like this. I hope you are able to work things out.

The lesson here is that is: If a relative of the foreign loved one introduced you, be very careful. This will arouse immediate suspicion which can be exacerbated by the home location and/or situation of either party (and the introducing relative).

I understand your anger. But, I believe it is misdirected. The next time someone offers you money to marry an overseas relative; take it out on them!
AmericanGentleman
Well, if it is bribe money they want, tell me where to send the damn check.
Icarus
QUOTE(AmericanGentleman @ Jun 26 2008, 12:52 PM) *
Well, if it is bribe money they want, tell me where to send the damn check.


Sending a check for a bribe in VN?? blink.gif ... rofl.gif rofl.gif rofl.gif rofl.gif rofl.gif rofl.gif rofl.gif Good one!
pasaitoh
QUOTE(Richard and Li @ Jun 26 2008, 01:16 PM) *
I always am saddened by stories like this. I hope you are able to work things out.

The lesson here is that is: If a relative of the foreign loved one introduced you, be very careful. This will arouse immediate suspicion which can be exacerbated by the home location and/or situation of either party (and the introducing relative).

I understand your anger. But, I believe it is misdirected. The next time someone offers you money to marry an overseas relative; take it out on them!


Thanks for the support.

But just to clear this up, no one offered me money to marry my fiancee. While I understand they have to look out for fraud, and the marry my cousin for money situation, they should not assume that is the case. I introduced my brother to his fiancee. Does that make their relationship a sham? By the consulates thinking yes.

My anger is at the HCMC consulate for not taking the five minutes it would take to clear this all up. Did we do everything correctly, absolutely not. We goofed some, the consulate goofed a lot more. We addressed the problems and corrected them as asked. The consulate couldn't care less to do the same. That is why I am angry.
AmericanGentleman
Yeah, my anger is derived from the fact that they are not even giving us a course of action to follow. It is as if they made up their mind weeks ago and are not willign to let us prove our case.

Oh and after hearing how they treated Pasa, I am afraid to even rock the boat. I think if my senator DID call them, they would take offense and see to it my peition got sent back.
Matt_Stevens
The CO's are like God. They are beyond even Congressional control. They do what they want and there is nothing anyone can do about it until the Supreme court rules this illegal or Congress acts and changes the law.
Dave_Thao
Every time I tried to get my senator or congressman involved in my case, all they would do is send an email asking for the current status. They told me they can not do anything more than that. I ask them to call the consulate and personally get involved with my case but they wouldn't. It really became frustrating and I felt powerless fighting them. A senator may be able to request a meeting for you with the consulate but that is not 100%. If anyone here has had a senator or congressman help them with a case other gather info for you, please tell us your story.
I wish you guys the best. Hang in there! It is never over!

P.S.
I had the strongest urge to take a leak on the walls of the consulate before I left just to show them how much I appreciated all the time and money I spent fighting that hell hole.
Of course, I chickened out.
ILoveTan
QUOTE(Dave_Thao @ Jun 26 2008, 03:10 PM) *
Every time I tried to get my senator or congressman involved in my case, all they would do is send an email asking for the current status. They told me they can not do anything more than that. I ask them to call the consulate and personally get involved with my case but they wouldn't. It really became frustrating and I felt powerless fighting them. A senator may be able to request a meeting for you with the consulate but that is not 100%. If anyone here has had a senator or congressman help them with a case other gather info for you, please tell us your story.
I wish you guys the best. Hang in there! It is never over!

P.S.
I had the strongest urge to take a leak on the walls of the consulate before I left just to show them how much I appreciated all the time and money I spent fighting that hell hole.
Of course, I chickened out.


hahahah yes but peeing on the street is actually LEGAL in Vietnam. As Tan likes to say: Pee on the street and enjoy the special freedom of my country.

good.gif
ILOVETAN
AmericanGentleman
Well, then I would like to organize a group trip to go pee on the building
pasaitoh
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...
iloveyou16
QUOTE(pasaitoh @ Jun 25 2008, 03:07 PM) *
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?



im so sorry u already did what u can do =( dont give hope i hope everything will turn ok... try to contact the senator goodluck
AmericanGentleman
QUOTE(pasaitoh @ Jun 27 2008, 12:24 AM) *
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...


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.


pasaitoh
QUOTE(AmericanGentleman @ Jun 27 2008, 08:34 AM) *
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 investigated the Vietnamese marriage requirements thinking I might have to go K-3. They are pretty tough too. You are looking at a lot of red tape that way too. And there is no guarantee you will get a K-3 either. That is what scares me the most. If I couldn't find a job in VN, and a K-3 was denied, we would be sunk. I really want to exhaust our K-1 possiblities. I just hope our petition will stay in HCMC long enough for Marc Ellis to get back and do battle for me.
Matt_Stevens
The only sure fire way is to live in Vietnam for over a year, married to her. But that is extreme since you have to drop your life here in the USA. Who the hell can afford to do that?

Keep at the k1, but expect to wait a long time.
Dave_Thao
I took the advice of ME to not marry and file a K3. He said that does not always work. It may work for someone else but it varies from case to case. All I can say is that my evidence prior to the engagement,which was a big reason for denial, was minimal. When I filed a second time, I still did not have that evidence but I had boat load of new evidence of a true relationship which I included in the new petition.
In the new petition, I addressed all the issues that consulate had with the first case. I included copies of the blue and green slip and the evidence I first sent to the consulate when we got the Blue slip. I put that near the top of the petition. I wanted to show everybody that the consulate was wrong. I also included every scrap of evidence I had at the time.
I must admit I felt hopeless many times. I felt so angry. I felt alone. I got tired of explaining to people why Thao is still not here although I appreciated their concern.
I can having gone through all that, the moment Thao came out of the consulate with a smile on her face made it all wash away instantly. I fell to the ground and cried.(Thank-you James for helping Thao across the street while I was on the ground!)

Hang in there. Be patient. Don't lose hope. Direct your anger into building your case.
Icarus
Definitely hang in there and continue working through your current petition, that is, until it is officially closed. Always have hope, and take a look at those of us that were able to get off the AR and get the pink. Some, like mine were several months, some a little sooner (Menyoo - hey buddy!!) and some a lot longer, Wait4ever. With perserverance, patience and love will you get past all of this and be able to look back and laugh with your WIFE. Believe me, there are a lot of lonely days ahead, but if you make a plan to visit VN, it'll make that time go by much faster... and give you a chance to plan your verbal assault on the CO's jest.gif

offtopic45vn.gif I'm gonna start a post later that all of you reading this one may find interesting...it stemmed from a conversation with my wife at the gas pump
pasaitoh
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!
Dave_Thao
QUOTE(pasaitoh @ Jun 27 2008, 11:47 AM) *
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.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.