I'm trying to figure out how to help a friend whose case was denied by HCMC. Best to come here for your expert advice based on personal experience.

- USC and VNC grow up together in the same neighborhood in Saigon. No relations.
- USC family left for the US in 1975
- USC and VNC were too young to remember much of each other
- 2002 USC parents and VNC's introduce them to each other
- 2002 USC and VNC were engaged in front of both parents and families
- End of 2002, interviewed
- Green slipped: VNC and USC used their nick names for communication (mails/postmails) - HCMC questioned if the VNC's nickname isn't someone else which USC tried to date/marry.
- AR for over two years
- HCMC returned/denied petition to NVC in June 2006
- USC still hasn't received any notice from NVC about his case's returning.

What should be the next step for the USC? I have no idea. Calling NVC? Phone number if you have. I'm writing here what I got from the USC. Note: USC has no access to internet and somewhat internet/computer challenge, Professional Lanscaper!

Any help would be greatly appreciated. USC may need a good lawyer to sort this out, Yes No? Suggestion are welcome 100%

Thanks,

chuck and kim

Chuck&Kim,

I think USC must contact NVC first to find out the whereabout of his case. Phone number is 603-334-0700. Press 1 for English and then 5 for live operator. Then, I would suggest USC hires an Immigration Laywer who specilizes in K1 visa for Vietnamese nationals.

From what I know, If a case is denined, the Consulate will send a Letter of Denial to VNC and the case will be sent back to the States. Then the USCIS will send USC a Notice of Intent to revoke. USC will have 30 days to appeal for the decision. I recommend that USC responses right away rather than waiting for the deadline since I was told some cases are closed even only after 15 days.

Good luck

Thank you Kevin&Loan... I will let the USC know ASAP. I think they may have closed his case already. Based on what he said to me today, his cased was returned to the States in June 2006. He just contacted me today. I told him about VJ but he has no internet access. Crazy! Some people are much less fortunate than we are... Again, thank you so much Kevin, i'll let him know....

We are going through the same thing. I am confused becouse the department of state is still telling us it is pending security checks. I just called NVC and they just told me if the petition was denied that they , NVC, do not do anything with the petition except send it back to the service center. They cant even say if they recieved it or not. I would suggest your friend call the originally service center it was sent to in the beginning. I cant call the service center yet becouse it is still to early for us. He just got denied on OCT. 3.

Chuck and Kim,

You should contact with Martindart. I believe that his case was denied and then returned, sorry if I am mistaken. He might be able to tell you what he had to do to get his appealed. If your friend is in need of a good lawyer, PM me. I can refer your friend to him, if he is willing to work on the case.

I wish them the best of luck!!!!

Mike

Mike,

Thanks for the offer brother... I'll be in contact with you soon. Just try to get more information from my guy before we can be effectively helping this poor soul....

Bugsly,
I will have my friend to contact his original SC. Since NVC has no information regarding his case at this point... He just called me...

A letter should have come already to Petitioner from Wash DC VN Embassy. The petition will go back to the Center whom approved petition, a 7 month wait... then letter comes to petitioner from center "Intent to deny" (send them requested info ASAP) then center sends "notice of decision" to petitioner, "if reaffirmed" center sends petition back to NVC, a 5 weeks wait... NVC sends petition to consulate, a 2 months wait for comsulate to say; We have file now.. =-) Cam on! I said!!!

July 14 2006 The Consulate said they have my reaffirmed petition I am still waiting for a new interview day... oh Marc Ellis is my attorney in VN too! "You really need a mouth piece in you corner"

Martindart,

USC called NVC and NSC yesterday, they have no idea where the file was sent to. If I read your post correctly, Nebraska Service Center should have USC's file, and it will take 7 months for them to notify USC? In that case, USC will have to wait until January 2007 before he receives the Notice "intend to deny", since USC found out in June 2006 his case was sent back to the US.

If you have any advice where should USC go next, please PM me or just post it here... thank you

Hi all,
I am not sure my idea is silly or not. but for all K1-cases refused, why we dont consider for start new case of K3 instead of under AR or something. I read somewhere that AR need 7 days to 2 years, so start K3 need around that time and we know our case more certain than under AR review? Pls give your idea?
Kimi

Chuckandkim,

This has been my experience. The Consulate returned my petition in September 2005 to the service center whom approved it because the Consulate said a sham relationship to evade immigration law exist with the recommendation that it be revoked.

For months, I waited and contacted everyone, who has my file? Each department NSC, NVC, Consulate, all said we do not have the file. Then after a 6-7 month wait and bugging my Congressman office... I received a letter from Nebraska Service Center "Notice of Intent to deny" along with the consulate report listing the specific reasons why they denied my petition. The letter from NSC goes on to say: This is your opportunity to rebut the Consulate Officers findings.

I rebutted the consulate officers findings but designing a simple signature petition and had all the people where I work (Elementary School) from the Principal to the kitchen help all signed it. The header of the petition stated: We the undersigned know the relationship between Don and Phuong is true and they do INDEED intend to marry. I mailed the original petition (make copies first) and more photos of our ceremony, credit cards with Phuong’s name on them and anything else I could show we have a true and sincere relationship.

The NSC sent all my stuff I sent them, back to me asking for that very same information again, Huh? I sent it right back to them again. Remember if any department asks for something and you know you sent it, “SEND IT AGAIN” After 2 months waiting for a decision from the Director of NSC, I received a NOTICE OF DECISION which said; after careful review and considering the information you sent “We will reaffirm the petition” and send the petition back to HCMC. Of course, it must go through the NVC again. Today I sit and wait for the consulate to set another interview date and notify my fiancée of the new date. (Still waiting)

The USC can file for a new K-129F again; I choose not to do that because on the form it asked have you ever filed a K-129F before? What was the outcome? Common sense said to me if I do not overturn the consulate officer’s findings, those same findings would haunt the new petition, then denied again for the same initial denial. All the time, money and effort would have been wasted.

It is the USC decision to make.

Hope this helps.

Don

OH MY GOODNESS, that is unbelievable and yet it is true... I will let my guy know about his options. As of right now, I believe he needs to first find out where his file and we can proceed from there, don't you agree?

I agree and it is true. Trying to contact all involved is good but be prepared for them to say, We don't have the file or we sent it to, on this date, so contact them... or, it is out of our control now and the matter is closed here.

I wish all the best


Don

I gotcha, sit back and wait for the "notice of intent to deny" letter then... because since June 2006 when they called HCMC, the USC and his fiancee found out they "SENT" it back... no sure when exactly, just said "we returned it to the States". This will give my guy 2 or 3 more months before the "NOID" letter arrives

Thank you again Don...

Kimi, I am not sure my guy and his girl can get married just yet, it may complicate their case even more. Gotta find out where the heck the file is right now before they can make the next move.

I don't know if you know Marc Ellis or not. But he is an immigration attorney and also a member of VJ. Here is a great article on denials.

http://www.ilw.com/articles/2006,0323-ellis.shtm