When I first told Loan that I had the intention of bringing Loan to the US via the K-1 visa program, I had already known that my petition would have some very challenging situations since I was twice married in the past and I had barely known Loan for 6 months with only one trip back to VN to orchestrated the engagement ceremony. My past marriages were really my main concern because my first marriage was to a woman in Saigon. I also filed for her K-3 visa 6 years ago but cancelled the petition and filed for divorce later due our irreconcilable differences. Only a few months later, I remarried in Houston. This marriage, like the previous one, was short-lived and I again, filed for divorce 10 months later. 2 months after the divorce, I met Loan and although I was really sure that I had finally met my better half, I knew the next couple years would be very tough for us. Although I had prepared Loan intensively for her mental state during the petition, none of us would had expected what we were about to set sail onto.

January 11, 05 – Knowing I would need professional help for my case, I asked my friend, who is an attorney specializes in immigration, to help. Together, we prepared a 6” thick I-129F package and sent it off. Beside the typical documents required for this package. We even sent in my affidavit on my former spouses’ whereabouts, my detailed description of our relationship, as well as a letter explaining my previous marriages. Only 9 days later, I’ve gotten the first NOA approval. Although it was the first achievement, I knew the worse had yet to come.

June 12, 2006 – A local police officer came to her condominium in Saigon to verify that Loan actually lived alone there. He even asked about her K-1 application and information about me. This was clearly an indication that the Consulate had sent this police officer to conduct a preliminary investigation.

July 5, 2005 – Loan received her Packet 4 with an interview date of August 29, 2005. That gave her merely 2 months to gather all the required documents. The medical examination was done at the IOM office on 4B Pham Ngoc Thach. The Police Certificate was done in 2 weeks for the “price” of 100 dollars. Everything else was set and Loan was good to go. Then, Loan lost her purse, which contained her Passport and Identification card 5 days before the interview date. Some calling around gave us an idea that without bribery, it would take up to 3 months for both Passport and Identification card, which the ID card must be done first. We did not have 3 months. I called a friend of mine in Saigon and 5 days later, Loan was able to obtain a brand new Passport and ID card. This incident cost us 500 dollars. We then had to go back to all the forms and correct them to reflect the new ID and Passport numbers.

August 29 2005 – Interview Date – Loan arrived at the Consulate early that morning but she was the last to be interviewed. As soon as she cleared the security checkpoint, she then proceeded to the booth where a Vietnamese local female staff was inspecting Loan’s paperwork to make sure Loan had everything and they were in order. Unfortunately, some of Loan’s documents were not in order they wanted. This female staff literally threw the set of documents back into Loan’s face and ordered Loan to reorganize the documents. At the end of the day, Loan was finally interviewed. At this time, it was clearly shown that both the Consulate Officer and her translator were extremely tired and cranky. Loan did not speak any English; therefore, she did not know what was translated but the translator did make some comments to Loan such as – Why were you falling in love with Viet Kieu so fast? Why was your fiancé wasting so much money in making so many copies of evidence? Why was he sending you so much money? What does he see in you anyway? The Consulate Officer asked Loan the following questions:

1. Where and how did you two meet?
2. How many times did he visit you in VN?
3. Do you know about his previous marriages?
4. Do you know where are his former spouses are?
5. What does your husband do?
6. What kind of engineer is he?
7. Do you know of anyone else in his family?
8. Do you have any relatives in the US?

The Consulate Officer then asked Loan for pictures, emails, phone bills. The CO and her translator look at the pictures, talked to each other and laughed. They both glanced at their watches and the CO got up and left. The translator gave Loan the blue slip and asked Loan to come back and submit all the requested documents at once. Although exhausted and greatly disappointed, Loan glanced quickly at the blue slip and she quickly discovered that all the documents they asked for are in fact submitted twice, one during the initial I-129F filling and one was courier directly to the Consulate via FedEx from my attorney’s office. Beside, Loan had all the copies with her at that time. She told the translator that she could give them all of it right there but the translator yelled at her, told her to go home and come back since it is time for them to go home. The translator then walked off and left Loan there all by herself. The requested documents were Affidavit of Support, detail description of our relationship and addresses of my former spouses. So much humiliation and patronizing from the Vietnamese staff. They seemed to forget or should I say, they do not know that they draw their salary from Loan’s husband, a tax payer?

As soon as Loan got out of the Consulate, she called me immediately. It was 4AM in Houston and I was not asleep at all. I already knew the verdict but I could not help but feeling sad and right then and there, I knew we were about to enter into a long period of waiting and waiting.

September 4, 2005 – Loan returned to the Consulate to submit the requested documents. She was then told to go home and wait. She called me and I knew exactly what “wait” means. After a few months being on Visa Journey, I knew “wait” means “administrative review” and “months and years of agonizing wait”

From then on, we tried to live on and survive the gruesome waiting game. We kept giving each other false hope by fabricating the date Loan is called to come get her visa. I went to sleep every night hoping I would be woken up in the middle of the night with the good news that Loan had received her visa. That night never came. As much as I gave Loan credit for being strong, understanding and supportive, we sometimes could not avoid some very tense moments. The worse moment came when her neighbor publicly admitted that she had paid 60 thousand dollars for two Viet Kieu to do sham marriages with her two daughters. Both of the girls went to the interviews and both passed and received their visas a few days later. Loan took her frustration out on me and I totally understood her anger.

For the first few months, I stayed in contact with the Consulate via emails and phone calls weekly. I called so often, they recognized my voice instantly. Every time I called or emailed, they always said that the case was pending for further review by a Consulate Office. I already knew that but what I really wanted to know was how long and they refused to give me that answer. One time, I asked on the phone for the name of the woman I was talking to, out of respect and politeness, and she told me that there was no need for me to know her name!!! This same lady also told me that there are some K1 cases have been under AR for 3 to 5 years.

November 2005 – I went to VN for 10 days to be with Loan and to inquire about the case. I had 10 wonderful days with Loan and we renewed our faith in the future but I had no luck with the Consulate. Before I went to VN, I had called the Consulate to schedule an appointment with the Chief of Information Unit and was told to just call ahead while I am in VN because the Chief’s schedule is flexible. When I was in VN, I called and was told otherwise. I would need to schedule an appointment in advance. Already knew talking to the Vietnamese local staff is no better than talking to the brick wall, I hung up and decided to forget about the whole deal. I spent the rest of my time in Saigon with Loan alone to rekindle our relationship. When I came back to Houston, I mailed the Consulate the pictures of our trip along with a heart-felt letter asking them to expedite the review process. No one answered my letter.

December 2005 - I contacted Senator Kay Bailey Hutchison’s office asking for help. Her Constituent Services Director told me the problem with America today is having admitted too many immigrants. Needless to say, I was shocked with her comments. I never contacted that office again and although it was not Senator Hutchison’s fault, I would never vote for her again. I then contacted Senator John Cornyn’s office. Although his office was quick in responding but the result was not any better than what I would have done myself. I turned to Congresswoman Sheila Jackson Lee. Her office manager turned me away immediately since I did not live in her district. They referred me to Congressman Al Green. At Congressman Al Green’s office, miracle happened

January 2006 – I went to VN again to be with Loan during Tet (Lunar New Year). This time, I spend another 10 days with her and we did not even bother to come by the Consulate. At this time, 6 months after the interview, we gave up hope and faith into the system.

March 2006 – I contacted Congressman Al Green’s office and met a wonderful and kind Constituent Services Rep, Mrs. C. She did the initial inquiry with the Consulate and got the same respond as I did before – The case was still pending for further review by the Consulate Office. I thought this was going nowhere and I ceased communication with this office. On the other hand, I contacted another immigration lawyer her in Houston seeking his second opinion on the case. Boldly, he stated that from is experience, our case had been transferred to the anti-fraud division at the Consulate and the whole investigation could take up to 3 years and in the end, Loan would be denied. He said we could get out of this problem by having Loan pregnant to prove our relationship. He refused to discuss any further unless I would retain him as my new attorney for the fee of 2 thousand dollars. Everything he said turned out to be false.

April 2006 – Loan was really on the verge of breaking down. I could hardly concentrate on my work. We fought more often and I could see our relationship is being put to its biggest challenge. I decided to contact Mrs. C again. I first asked her about what the second attorney told me. She laughed and said if indeed, my case was being investigated, she would have been notified by the Consulate at the first initial inquiry and they would ask her to cease any further communication with them and I. Secondly, she said getting Loan pregnant only complicate the matter more. I then told her about the desperate situation we are in and she agreed to help again. This time, she revealed to me that there is a department inside the State Department specializes in investigating pending cases like ours. If they find nothing wrong with our case, they will press the Consulate to move on with the case. I was told to write a letter to them and she will contact them on my behalf. It was, I remember vividly, Wednesday of the third week of April. Thursday, the Consulate had someone posed as Postal Employee came to my wife’s condominium to investigate that Loan actually lived alone. I came to work Friday receiving an email from the Consulate via Mrs. C’s office saying that the case had been reviewed and approved. However, Loan must submit the new Police Certificate since the old one is only good for 6 months. This news was the news we have been so desperately waiting for. At the time of the news, my mother was in VN with Loan. They both went out that night to celebrate. Loan got another blue slip asking for the new PC two weeks later.

May 15, 2006 - Loan came to Consulate to submit her new PC. She was then given a pink slip with a scheduled date for Visa pick up – May 22. We both thought that was it. I immediately contacted the IOM to arrange a flight out for Loan. She was scheduled leave VN on May 25. All my friends and relatives are contacted about the good news and they all made plan to be with us here in Houston over the Memorial weekend.

May 22, 2006 – Loan came to pick up visa. Instead of giving her visa, they told her to go home and wait since the case needs to be re-review. There were no words that are strong enough to describe how disappointed and nervous we were. What could go wrong? What had happened? Hundreds of questions came to mind and I really had an anxiety attacked. I had to cancel the flight, called off friends and family. Loan’s crying only made the matter worse. I called the Consulate and asked, the girl who answered the phone told me she knew nothing. I called Mrs. C, the agreed to intervene again. She did and they called Loan two days latter telling Loan that her visa was ready and all Loan needed was to come in any day before 4PM to complete a form. This turned out to be that they had in fact, misplaced the G-325A form and they could not find it to finish up the visa package. Instead of telling Loan the truth, they told her the case needed to be re-review. They were buying time to find the form.

May 24, 2006 – Loan came in to pick up her visa. She was given the G-325A form to fill out again. Although she had asked for the form in Vietnamese, the same Vietnamese female staff who translated for Loan during her interview gave her the form in English and told Loan that she did not care how Loan got it done. Loan had to leave the Consulate, went across the street and asked for help from a local immigration office. She then came back, resubmit the form and finally, she was given the visa. She was told to leave the country before July when her medical report expires. We then also learned that Medical Exam is only good for one year. After one year, pretty much all the documents are expired.

May 27, 2006 – Loan was schedule to flight out. At 9AM, Saigon time, she called me to let me know IOM had taken care of all her luggage and she was waiting to board the plan to Taiwan. With all the problems we had gone through, I was getting extremely nervous. Nothing was for sure until I see her here in Houston. During her whole flight, I could not eat, sleep or do anything. 3PM on May 27, she called me from LAX telling me that IOM had helped her cleared US Immigration and Customs and she was not at the domestic terminal waiting for her flight to Houston. IOM, I thought I would mention them, is a great organization. They have an office at 4B Pham Ngoc Thach, same place where medical examination takes place. They would assist anyone with immigration needs. They book flights, help passengers clear Vietnamese Custom, meet passengers at their point of entry in the US, clear US Immigration and Custom. I highly recommend them.

8PM May 27, 2006 – I was already at the airport waiting for Loan although she was not landing until 10PM

10:10PM May 27, 2006 – Loam emerged from the flow of passengers and felt into my arms. We just stood there embracing each others. She cried her heart out and I hold her as tight as I could for a good 30 minutes. We just stood there in the middle of the airport terminal. Nothing else mattered to us at that time. All I knew was Loan was finally into my arms again and this time, till death do us part.

Looking back, we knew our case was not as difficult as others but it sure has it own setbacks and problems. Up until today, I still do not know why our case was put under AR and no one seemed to care enough to touch it. No one did anything until they were forced to do so from the State Department. Speaking of the State Department, I was so desperate one time; I even emailed Condolezza Rice asking for her intervention. Of course, she never answered except for an automated response saying that they would look into the matter. I just send another mail today and still received the same response. Isn’t it irony? On the other hand, the whole K1 visa process is not laughing matter. The lack of performance of Consulate Officers and patronizing attitude of the Vietnamese local staff the US Consulate in Saigon need to be addressed. I had vowed to advocate for a change at this Consulate but that will be reserved for another post. For now, we have made it and we can’t wait to start our lives together as husband and wife. We got married in front of the judge on May 31, 2006. We are in the process of buying a new house, new car for Loan and of course, beauty classes for Loan so she can get to open her own spa. As I am writing this report to you guys, Loan is peacefully sleeping next to me. Looking at her, I knew I had made a right choice and I knew it was deem worth it to put up a fight with the Consulate.

That is it, guys. Our K1 visa saga. I’d like to take this opportunity to thank each and every one of you here at Visa Journey. Loan and I appreciate your support. For those of you who are in the process of getting K1 visas for your love ones, I wish you luck. I hope this post is useful to you. If you are ever in the same situation like ours, fight for your fairness. Push your elected officials to act for you. Most of them will not lift their fingers unless you are persistence. If any of you need to ask anything else, please feel free to email me. For now, good luck and God bless.

Houston, 1AM June 6, 2006
Kevin & Loan

wow I am about to cry a little. I'm so happy that you overcame all those problems and that she is here with you. I hope you are enjoying your new life together. Congratulations.

Wow!!!

Congratulations again to you both. I want to thank you for the long and detailed description of your visa journey. While it was difficult and trying at times for you both, it is invaluable information that we all can benefit from by having on VisaJourney.

Best of luck to you both on the continued journey!

STL_HCMC

Kevin........ Loan..............
You two are my heroes....WOW! I am speechless... Best of Luck to you both...

love,

chuck and kim

I almost cried reading this as I thought of my fiance and what will happen if we have to go through the same insanity. To say that the situation is unfair is about as gross an understatement as I can come up with. I am glad you two made it.

Our interview is June 27. Friday Anh goes to Cho Ray for the medical. Next week she is supposed to pick up the police certificate and get her vaccination documents. That just leaves the translations. God help her.

omg i am crying too

i'm so happy that it worked out for you guys in the end

Thanks for taking the time to write, Kevin. Your story makes some of my own impatient feelings seem so petty. It really is all about perspective and determination.

Congratulations on your success!

Jen

i am touched and can't imagine what you went thru. but congrats, you guys are together at last! Reading ur story, it's hard not to get angry at the vietnamese staffs, angry at their hostile attitudes toward their fellow vietnamese, and i can only imagine how the westerner think about the way the vietnamese treats their own people, they probably laugh in disrepect. I am sure we all have heard countless stories similar to urs. It's a widespread problem and I bet the Consular Officers are well awared it. But the bigger problem is that they not only do anything about it, they let it happens. I hope we could all complaint to a higher authority and demand all potential employees must go thru the "work's ethics boot camp" so we dont have to deal with these rude vieatnamese staffs.

GOOD LUCK together in your life !!!

What an unbelievable journey. It has pretty much left me speechless. I just want to congratulate both of you for not giving up, and letting love prevail over the ignorance of this system. After going thru all of that should make your life and relationship so much easier. I wish the best of luck to both of you and my heart goes out to you also. Time to Enjoy the dream we are all awaiting.

we have the same interview date! good luck.

Congratulations

Congrats to the both of you... may nothing in your lives ever be as hard as this. was... .. blessings to you two

It's good to hear that one person actually came out of AR. It might take 3-5 more years for us but I am looking forward to the day I can post a similar story.

Kevin and Loan, it is a relief to those of us in a similar situation to see someone come out of AR successfully. Kudos to you two for being strong and sticking with the process, however unpleasant that it was. Thank you for sharing your story.

I want to share news of another K-1 couple going through HCMC. They do not post on VJ. This was a case where the holdup centered around language. The fiancee claimed that they converse in Vietnamese, which they do. He was waiting outside the Consulate during her interview. The interviewing officer, who used to post here on VJ, pulled him in and had the interpreter test his ability. Jetlagged from arriving the night before, the petitioner did not perform up to the expectations of the interpreter. They got a denial and the case was sent back to the US, where it was overturned in the couples favor, and very quickly (called a re-affirmed case). It took a long time getting back to HCMC, and there was another interview and more blue slip haggling. Finally the fiancee was granted a pink slip. However, they pulled the same trick on them that they did to K&L. They told the fiancee to come down to p/u the visa, then sent her away pending a "re-review". They did this not once, but twice! Finally she was able to pick up her visa and much to their relief, they are now re-united here in the US.

That makes three recent delayed/denied cases (@ HCMC) that I know of that have had a positive outcome. I am hoping that it sets a positive precedent for the future.

Any update on your case wait4ever?

I second that question.

And I advise he contacts the ACLU as well.

Very inspiring story !! Congrats and good luck to both of you !!

My fiancee had her second interview last fall. It seemed to go well and I think they finally accepted our relationship as bona-fide. They gave her a blue slip pending financial questions about me an my joint-sponsor (a parent). After I answered those questions, they delayed us again under the public charge provision. It appears that they won't consider my joint sponsor, or any other joint sponsor. Their decision to do so does not seem to relate to the answers that I gave them previosly. It seems as though they just applied the no-joint- sponsorship policy to me as they have to many others across the board, in 2006. Since our case has been at HCMC since late 2002, the subject of joint-sponsorship was never an issue in our case until this year.

I am still looking for a good local attorney to come up with some options. In my first attempt I just came across a lot of dejected attorneys. They were all reeling from having joint-sponsorship paperwork sent back by the HCMC Consulate. None of them had a clue how to handle a case in AR or strategies for the "overcome" situation. Sure, they know how to fill out the paperwork, but beyond that, clueless. I am hoping an AILA attorney will be more knowledgeable and can help us overcome the serial blue slips HCMC keeps giving us.

wait4ever,

I must say that I always try to remain confident and have positive thinking, but after reading your latest reply, a little doubt crept into my mind.

As most of the Vietnam VJ's know I live/work in Vietnam; which is how I met my fiancee. Most people familiar with the standard of living in Vietnam understand that income wages here, even the "high-income" jobs, are very different than that in the United States. While I earn a very "high-income" wage in Vietnam, I'm still not much over the 2006 poverty guidelines for a household of two. In addition, the kicker in our situation is that I work for a private Vietnamese company that doesn't have any operations/offices in the United States for me to continue my work with. Thus, when my time working here ends, I'll be moving back to St. Louis with an excellent network of worldwide contacts and some very valuable international business experience, but that is all.

My income and USA return is the challenge I see in our case, as the rest of our relationship evidence (1.5 years together in Vietnam; house rental contract together; photos; vacations together; joint-name bills; etc.) is pretty solid in my opinion.

My father is our 100%, more than willing joint-sponsor. His income is far more than enough to be qualified as a joint-sponsor; even with my mom and sister still under his dependency.

My domicile in the United States is my parents home; which I moved to Vietnam from. All of my financial matters are handled through that address and I'm registered to vote there (vote absentee via HCMC Consulate).

I filed our I-129F petition when I was in St. Louis this past December for my holiday leave from Vietnam.

I'm never one to back down from a challenge; which is what keeps me going. However, I wonder how unique our case is for a K-1 visa and this consulate, and if any before have had success when the petitioner was also living in the same country as the beneficiary?

Matt_Stevens and I are in a similar joint-sponsor boat together. Our previous tax year situations are similar; both with little reported income. His interview result will be an important one for me to read.

wait4ever - I sympathize with the wait you both have already endured and continue to. So if you found another job to supplement your current income, would this all disappear and she would be approved?

I'll rest in confidence and positive thinking, and hope that an objective eye will be used when my fiancee is interviewed. I think my working experience here will make me a much more attractive candidate to employers upon returning to the United States. The most important thing, I wouldn't change the way anything has happened.

STL_HCMC

My advice to wait4ever would be to write every single reporter that is sympathetic to the immigration thing going on and plead your case to them. Make them cry. With any luck one of them will do a story and shed some light on this BS.

Kevin,
Your story of patience is amazing! I don't know how you both ever did it. I am in awe of the love and perserverence you two have. I wish you both the very best in life and much happiness!

Karen