My fiance just got a letter from the Consulate stating that our case is a sham and now they are sending it back to the US. I am so angry right now, I don't even know what to do. After all we went through to provide more evidence.....

Oh no
Can you tell what happened on the interview, and the questions the CO gave to your fiance. You can go details about everything so VJers here can help you to know what went wrong. Sorry, can't tell you much. I'm not wise enough. Just hang in there.

Uhhhh what the PHỞ!!!!!
When did this happen? How? Reason? There are major steps you MUST take right now before they actually send the package back to the US. Tell us...

sorry to hear that...but did they state why? Is there anyway you can claim this decision?

So sorry to hear this! Chuckandkim is right. You have to try everything you can before the ship it back USCIS!

Believe NOW is the time to involve your representatives before it gets sent back!!!

WTF? Man man man, I am so sorry to hear this. The NVC will send you a letter of Intent to Revoke to you and they will give you 30 days to respond. You must ACT NOW because sometimes they will close your case before the 30-day period. Let's share your case so we all can help.

Well, the interview didn't go so good as I've posted in the past. I think it was predetermined that we were going to get the blue slip. They ask my fiance how we met and then went on to ask her if she had any relatives in the US. She answered yes and that was the end of it. All they did for the next 5 or so minutes was ask about that. The blue slip had stated that she need to show proof that her Aunt was not related to me and show proof that she is not living with me. The other thing was that they wanted bank statements and credit card statements showing that I purchased the both my plane tickets back which I provided. I was given a green slip and told to go home and wait. It's been about a month since then and last night my fiance received the green form they mailed to her. It basically stated that I only spent 2 weeks back in Vietnam and met her and fell in love in a short period of time, so they are suspicious. It also stated that how can we, in a short period of time invited 100 people to attend our engagement party. This is such bull...in a village...you can gather 1000 people in an hour if you want to. They think it's all a setup. Another thing that bothers me is that they said my birth certificate is a fake. This is my birth certificate in Vietnam. I had this translated and certified at the city office in Vietnam. How are they going ot tell me it's a fake? This is unbeleivable.

This is awful, I am sorry to hear that you are going through this. I hope that there is a speedy way for you to get this resolved. Good luck

Wow, that is shocking! I hope you are able to resolve this, I can't imagine how terrible you both must feel. Claudeth and I will keep you in our prayers. Good luck

sorry bro. Did you hire a laywer for your case ?

I'm very sorry to hear about your bad news. There are so many other couples who are Vietnamese of both sides and they can pass the interview.

First, you should go on action as quickly as possible now. Hire the suitable lawyer and ask him to help. I don't know if you did that yet??

Second, you should recheck the whole of your case now to see what reason to make them delay and send your case back to USA. There are so many points they will require for to believe a real or fake relationship: time of your relationship before engagement, how you know together, time of acquaintance, number of trips you come back to VN, relationship of her relatives with you before engagement, .... The wedding and the pictures would be nothing if your other evidences are not strong enough. In this situation, you must have evidences to prove that your relationship is true and have a good lawyer.

Third, you must check with your fiance to know how she answered to the CO, sometime she was so nervous and might answered some wrong things.

A Blue sheet means your case is a delayed case only, I didn't think that your case could be in serious situation as now.
A Green sheet means that they would send your case back to USA early if no action.

Please ask for help from laywer as soon as possible.

Hien

Well, we had only known each other for 2 weeks before i made the plunge but my parent's had met her prior to me meeting her. I've been back to Vietnam to see her twice already. Once when we met and ther second time was during her interview. I had already prove to them that I have no relationship with her relatives. I've only spoken to her Aunt once and that was after I got back from my first visit which was after the engagement. My fiance was not that nervous during the interview so she answered everything honestly and truthfully. I provided hotel receipts where we stayed....tour tickets with both our names in it...plane tickets i bought for her to fly out to Saigon with me....etc...etc.... I am in the process of talking to my Lawyer right now. I am using the office or Robert Mullins. From what I've heard, he is a great Immigration Lawyer. I am so shocked and depress right now...My fiancee couldn't stop crying last night...i spent all night trying to supportive but she couldn't get a hold of herself.

This is truly very unfortunate indeed.

If I had the money, I would contribute it.

I haven't been able to reach my lawyer at all today. Must be because it's a Friday. Anyone know what my lawyer can do for me now? Can he actually delay the Consulate from sending back my application? I just need a little comfort that's all. I need to know if a good immigration lawyer can delay and actually fight it for me? BTW....thanks all for your moral support.

Tway22,

The office of Robert Mullins in CA is supposed to be good. I will be frank with you here and I hope you are strong to face what lies ahead of you. First of all, there is nothing the laywer can do to stop or delay the Consulate from sending back your case. As I've stated before, USCIS will notify you with a letter of Intent to Revoke and you have 30 days to response. This is when your lawyer steps in and you guys must reply in 10 days since I have seen cases closed before the 30-day deadline. Basically, this is your chance to appeal for a more favorable decision. Your lawyer must write a letter to rebuke the Consulate findings with more NEW PROOFS of your bona-fide relationship. USCIS will review the letter then either approve or disapprove your case. If they approve, they will send the case to the NVC again and then back to the Consulate for another round of interview. This whole process is closed to starting from scracth again. If they disapprove, then you must appeal in immigration court for file again. This is a whole new ball game I am not familiar with. From what you posted here, the Consulate really think the marriage is sham. You must utilize your lawer and make sure he is staying on top of this. I am very sorry to see this happens to you. Please PM me for my cell phone should you need to talk more. As I said earlier, be prepare for the real challenge ahead. It is not going to be easy and fast. Patience, love and undeerstanding are what you two need. With lots of love, Kevin

Thanks for help Kevin and thanks for providing the support. I just got off the phone with my Lawyer and he told me he will put together a package and have his lawyers in Vietnam try and stop them before they send the application back. He has been successful in the past and has stopped them. He told me that we can ask them precisely what is the reason and they can ask them to hold off and we can provide more proof before sending back. This has worked for others so I am hoping it will work for me. Hope is all I have left along with my fiance. If this doesn't work then we will have to wait until it comes back to USCIS and he will rebut it. If that still doesn't work then we will have to file K-3. Man this sucks....our relationship is real yet we get denied but I've heard so many people who has deceive the Consulate and get away with it. It's just not fair. Life is not fair. I now know how everyone who has gone through this feels. This is so depressing...I feel like dropping everything and go back to see her...but I can't.

Our thoughts and prayers are with you tway22! Listen and pay attention to Kevin&Loan, they def. know what they are talking about this matter.

Stay on top of this, and show your support, show her that you're stronger than anything your honey has seen and heard about you. You are her life-line. Tell her everything will be A-OK which you and I both know it will be, as you say: your relationship is real! They may delay, even deny but can not destroy a true love.

Stay strong, call her and tell her that EVERYTHING is going to be alright. You have to say it, I know it is so easy to get down with her and cry and depress about the whole thing. Don't!

Take a break and breath a little... you've been through a lot, your honey has been wired for days now upto the interview. REST, clear your mind and think up new plan! I know it's all a bunch of talk here, but that's what we can offer to you at this point. Be focus more than ever, if you think this is hard, this is only the first part of the journey brother. It's a test of will!

Feel so bad but please, stay focus!

love

chuck and kim

Robert Mullins is not a lawyer. He's just a consultant. He's currently being sued by a lawyer in Little Saigon named " Charlie Manh" for fraud. The case is pending in the superior court. If you don't believe me, you could ask Mr. Mullin directly.







A quick way to get over this is to have kid....They will not deny your case if you have a kid with your wife!!!!

Having a child might make the situation worse, not better. Not to mention extra time and paperwork you would have to deal with. If you cant make any progress through normal channels you can call the congress people that represent your district for help. Depending on the particular situation, they may or may not be able to help, but doesn't hurt to call them.

Please search for a post by Chicagoman. His case was denied, and later on it was approved when they had kid.

Honestly, I don't want to have a kid right now. Our life is complicated as it is. I want to see my kid grow up in front of me not every 6 months or so. It will make things even harder than it already is. Thanks for the opinions but I think I'll pass on that. I've heard really good things about Robert Mullins office so I'm going with him. May I ask what he is actually being sued for? Any details? Thanks.

I wouldn't be to sure of that....

My fiancee's service encouraged her to have a baby. I, like Tway22, did not want to complicate things by adding a new wrinkle to our problem. I don't know whether I made the right choice or not but I told my fiancee I didn't want to have a baby until she arrives in the USA.

Just a little heads up guys. Our petition was sent back to CSC in early October. To date has not received one touch! And another thing you should be prepared for, CSC is notorious for not sending out NOIDS, they simply hold the petition for ahwile then send out a letter saying your petition has expired and you have a choice to start over from the very begining.

Good Luck, however it goes.

Vicki

I don't know if you have pm'ed Mike E for a good lawyer whom many of us on this board have used his service with excellent results. Marc Ellis is his name... run a search!

Well, after speaking with the Consulate, looks like our petition is being sent back to USCIS definitely. The main reason is that we only knew each other for such a short period of time. They were adamant about sending it back. So with my Robert Mullins suggestion we are going the Marriage route since waiting for the return documents and fighting the system will take longer and could hold up everything. I am getting the paperwork ready for it. I will have to make another trip back to Vietnam to get my marriage certificate. For all that has gone this route, do I really need to do a "single certificate". This is going to be hard for me to make another trip back since I just got back about a month ago. I don't have much vacation days left and it's going to be hard asking my boss for another 2 weeks off. This is so depressing guys. I'm pretty sure some of you folks on this forum has gone through something like this. Any suggestions would be nice. Thanks.

Boy, sometimes it sounds easier for us to become Canadian citizens first, then petition...America sure likes to complicate things. I feel realy bad for you, I'm so sorry.

tway22,

Of course, the laywer will tell you to switch to K3 and why? First of all, they will milk more money out of you. Secondly, they will not have to spend the time to file for an appeal and maybe going to immigration court later. This appeal process, believe me, no laywer wants to deal with. The Consulate denied your K1 the first time around, what makes you and your laywer think that they will approve your K3? What you are lacking is PROOF. You must either appeal or build a stronger case. Switching from one type of visa to another will only lengthen your seperation from your fiance. However, if you use that time wisely to build up your case, then it might work.

The choice is yours, either appeal or refile to K3. If I were you, I would fight back. For people who know me on this board, they know how hard I fought back and we prevailed in the end. During the time my case was in AR, I have heard all kind of suggestions from friends and "lawyers" such as refile to K3 or have a kid. Both of these suggestions were not what I had in mind back then. K3 means going back to square one. Having a child means DNA testing, additonal paperwork and a breand new can of worms.

If you still insist on filing for K3, then the answer is yes, you must have the "Certificate of Single Status" on your part. You can either do it yourself or ask them to do it for you. The forms and instruciton can be found on the Vietnamese General Consulate in San Francisico website.

If you are going to VN this time only to sign the paperwork for your marriage, then do this:

First, gather all the required documents, then submit to "So Tu Phap" for approval. I am sure you know how much "Uncle Ho" can do for you there. So, have your fiance let "Uncle Ho" do the talking. With the right amount of "talk", she can schedule an appoint for both you and her to come to So Tu Phap to sign the documents on Monday. You then fly Friday night, arrive in Saigon Sunday afternoon, spend some "quality time" with your fiance, go to So Tu Phap on Monday. Flight back on Tuesday and when you get back to the States, it is still Tuesday night. Get some sleep, go back to work Monday. That way, you will only loose two days. I have done it twice before. It's no fun but whatever it takes, my friend.

Go get them, tiger.

tway22,

this would be the second time and my last in mentioning a VERY good lawyer who actually LIVING in Saigon and working on cases like yours, espeically yours! Please by all mean contact him before going K-3 route! Ask Kevin and Loan! They know what they're talking about.

Totally agree with Kevin on "what make you think they will approve your k3". Exhault your options with K-1 before go K3 route. That's the last thing to do if all else fails, unless you are ready to move to VN and live there with her then all bets are off!

Good luck and please, do yourself a favor, contact Marc Ellis.

chuck and kim

Thanks Kevin,
Well, it's not costing me any extra, they are filing everything free since I paid to get the K-1 paperwork done. It didn't cost me much to file the K-1 with them anyways, but this is before I knew about this forum. But since this is not costing me any extra I'll let them deal with the forms and such since they specialize in it. Only thing I have to pay for are the fees associated with filing for K-3. I actually got my boss to let me leave for 2 weeks. 1 with pay and the other without to get all this done. Since I'm going back...might as well make it worth while and spend some more quality time with my fiance. We'll probably have a small wedding ceremony just for the immediate family members. As for advices on having a kid and such....beleive I've heard them all but I don't want to have a kid and complicate matters. If I have a kid I want him/her to be born here in the US and watch them grow up.

Does anyone know if they actually return personal items we've submitted during the interview once they return our file back to USCIS? We have so many hand written letters and pictures we've submitted to them. We are going to need all those things back if we are pursue K-3. I've know alot of people who have been denied K-1 and went K-3 route and were successful. Circumstances were very similar to mine where they have only met their fiance for a very short period of time. I seem some folks on this forum fight the system and it's taking them longer to get the interview again for K-1. By the time we get our K-3 interview we will have much, much more evidence to prove our relationship. Thanks for all the advices in this forum. Everyone has been very helpful and I'll probably still need much more from everyone. Thanks.

hi tway

sorry to hear about your situation i hope you can resolve it quicker by doing the K3 journey..

below is a link to uscis ...its a form you can submit for retun of original documents..dont know how long it takes though...

RETURN OF ORGINAL DOCUMENTS FORM

good luck
kath

Dear tway22,

About the evidences, you can write a letter or draft a letter for your fiance and send to the Consulate to tell them your case number, date of interview, the situation they kept your evidences and ask them for return it. They cannot keep your evidences and it's unreasonable to keep your evidences forever. When you come back VN for the wedding, you can come to the Consulate to talk to the girls at reception window.

About the kid, sometime the kid can help to solve the problem, sometime it's not necessary. I used to see M.E help to stop my friend's case sending back to USCIS. The attorney can stop the process of sending back or not depends on their ability to contact to the person in charge and your luckiness.

Good luck on your new planning.

Hien

We couldn't stop it from being sent back to USCIS. We were told it's already on it's way back to the US. I am not actually going for K-3. I'm actually doing the I-130 way. I get confused between the two. I just hope this goes smoother and I think it will. They will see that our relationship had lots and lots of time to grow from the first time I filed until the time I get my interview for the I-130 way.

Hang in there Brother! You are not alone. Yes they will mail it all back to your love...

Hang in there. dont give up the fight. consider calling your US Sen and US Congressman local office to help. ill keep a special thought for you
David and Xuan