My K1 Visa rejected - will return back to u.s.

[DerekJ 0]

From what I see, it was primarily the lie that drove this decision. I seem to recall others on this forum who have been approved and have not had mountains of evidence in support. Add to that you were dealing w/HCMC consulate, which I understand is tough to begin with, and it is easy to see how this happened.

[Mia Sav 1]

Hello all,

I am new on this board. Here is my K1 denied petition issue. Please give me any advice if you can. I was introduced to my fiancee in Vietnam in 2006 but I lied in my petition that I met her in 2004. I have no supporting evidence of the relationship between 2004 to 2006. I have evidence from 2006 until now. So, basically they rejected my application and saying that we lack of evidence since 2004. They want to return my petition back to the u.s. for appealing. They didn't tell me when will they return? I have no clue what to do next?

Any advice here? I did the petition all by myself. I didn't go thru. lawyer or service agent. Now, it is too much trouble and headache for me. Helppp. I wrote a letter to my Senator, do you think they can help out my case?

Thanks all.

You make your case complicated by LYING in the first place. If you told the truth in the first place you would not go thru this headache. Since you told them you met her in 2004, it is expected that they will ask for evidence of relationship from the year 2004 to 2005. Well anyway, why did you have to lie in the first place?

[pushbrk 14,191]

Paula,

Here is the rejected letter says:

The Consulate general isunable to issue a visa to you b/c you have been found ineligible under the following sections of the u.s.s immigration and nationality act, as amended:

Section 2219g) of the act pprohibits the issuance of a visa to anyone who has failed to present the documents required in connection w/ the visa application or who has failed to sumit sufficient credible evidence to support teh clamied pettiionable relatiosnship. The lollowing remarks apply in your case.

Consular officers apply a 'reasonable person standard' when evaluationg the bona fides of cleamined spousal and fiance relationships. The nthe present case Petioner and Beneficairy claim they were introduced in Jan. 2004. The met and became engaed in December 2006, during Petioner's first and only trip. There is no evidence on record Petioner has returned to visit Beneficiary. No evidece of communication prior to the engagement, covering a two-yr period, was submitted. Evidence of comm. after the engagement consists of a few chat transcripts from 2007. Photographs submitted do not indicate they spent more than one or two days in each other's presence. These facts as ascertaineed by consular officers would convince a reasonbale person that the claimed relationship is a shame entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the USCIS for review and possible recocation upon his concurrence witht eh reviewing offier's decision. When the USCIS receives the returned petition, they will contact the petiioner, who will have an oppoortunity to rebut consular findgs concerning this case. If USCIS revokes the petition, the beneficiary will become inieligible for a visa under section 12(a) etc... of the act.

I told my fiancee that we were introduced and met in 2004 but we weren't falling in love until 2006 that is why we didn't have any communication covering 2 yrs period. That is what she stated during the interview. They didn't believe her. Officer said: Photographs submitted do not indicate they spent more then one or two days in each other's presence. How they hell they know about this? I went on a trip with her and took lots of pictures and submitted to them, they can tell it is not 1 or 2 days together. Now, this is a false accusation from the u.s. consulate officer. Can I sue him?

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

[bakofoil 27]

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.

[payxibka 10,048]

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.

This is what has been provided on the surface and may in fact be it and nothing more... the real key however is to get a hold of the consular notes that have benn attached/written into the file... this can be done via a FOIA request...

[Minya's wife 25]

Thank you for providing the above. I think it is very good news for you. Considering the fact that you willfully misrepresented facts, exposing yourself to a possible lifetime ban the fact that they denied the visa for insufficient evidence of bona fides indicates you still have viable options for being together in the USA.

I suggest you once and for all, stop thinking of your problem as a misunderstanding. A misunderstanding may be the reason you lied but you then clearly chose to lie. You got lucky, in that the Consular officer's comments don't indicate a finding of intentional misrepresentation but merely a failure to meet the reasonable person standard.

At this point though, I strongly suggest you retain the services of a competent immigration attorney before taking any further steps whatsoever. The sooner you do this, the better. I think the advice will include at least two additional trips to Vietnam, one for marriage and another to show bona fides. You'll have to deal with this current Notice of Intent to Deny first though.

Please start considering yourself extremely fortunate to be in this circumstance instead of a far worse one, with nobody to blame but yourself.

That's the way I read it too. It seems there is a suspicion that there was not a relationship prior to Dec 2006 but the real quibble the CO had was the lack of supporting evidence for the relationship post engagement. I think the OP is very fortunate to have been given such a detailed reason for the denial and I hope he follows the advice to seek real help with this. He really can't afford any more 'misunderstandings'.

This is what has been provided on the surface and may in fact be it and nothing more... the real key however is to get a hold of the consular notes that have benn attached/written into the file... this can be done via a FOIA request...

Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter?

-P

[tashyta 0]

They will always need proof for everything! No exceptions!!! So everything you tell them - you should be sure you have proof!

Edited February 14, 2008 by tashyta

[payxibka 10,048]

Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter?

-P

I am not necessarily saying that... but there will definitely be more detail....

[Minya's wife 25]

Wait, I'm confused fwaguy. Do you mean that there could be more detail regarding the findings of the CO in his notes, i.e. there could still be a finding of misrepresentation, but not written in this NOID letter?

-P

I am not necessarily saying that... but there will definitely be more detail....

Could be, but this is more detail than some others have gotten in a NOID, so the OP is still better informed as to the "why's". The advice of many on this thread still stands....to get legal advice for any action from thsi point forward. I don't think this can be a do-it-yourself thing anymore.

-P

[K1 Sponsor 0]

Hello all,

Hope you're doing fine....

I know I created the mess and I should not lie in the first place. In my u.s. passport shows the date stamped in Dec 2004, Dec 2006 and recent trip Dec 2007. Who is the good lawyer that I can trust? Can you point me one? Any guarenteed of the outcome?

Thanks for your honest opions.

[pushbrk 14,191]

Hello all,

Hope you're doing fine....

I know I created the mess and I should not lie in the first place. In my u.s. passport shows the date stamped in Dec 2004, Dec 2006 and recent trip Dec 2007. Who is the good lawyer that I can trust? Can you point me one? Any guarenteed of the outcome?

Thanks for your honest opions.

Marc Ellis is the best known in the immigration community for dealing with Notices of Intent to Deny and does practice in Vietnam.

http://www.marcellislaw.com/

There is no such thing as a guaranteed outcome in these matters.

[K1 Sponsor 0]

Ladies/gents,

F-129 petition --

Question 18.

Has your fiancee met and seen you within the two-yr period immediately receding the filing of this petion?

My answer: Yes.

Describe the cuircumstandes under which you met.

I simply put:

Ms. Smith is a close friend of my niece. I was introduced to her during my visit to Vietnam 2 yrs ago.

What I meant is that I was introduced to her 2 yrs ago (2004) but I still have a girl-friend here in the u.s. at the time. I didn't really falling in love or have any commited relationship with her until the second trip in Dec 2006. Starting December 2006 is the time that I was falling in love and petitioned her in March of 2007. That is why I only have evidence of supporting the on-going relationship since December 2006. When consulate officer asked for evidence since 2004. I was stumble and have none whatsoever. Is there a way that I can still convince the consulate officer to re-consider my case? If I need to fly back to Vietnam again to meet with the consulate officer. I am willing to do so. Please advice. Thank you much!

[K1 Sponsor 0]

Thanks Pushbrk.

[K1 Sponsor 0]

Honestly I'm starting to think that you're a lost cause.

The only way that you personally are going to "convince the consulate officer to re-consider [your] case" is to provide the evidence they are asking for. But you can't provide that evidence because your meeting in 2004 never happened.

So your question really boils down to "is there any way I can convince the consulate to believe my lie?"

Call that attorney. You need someone else to do the thinking for you. You clearly are not up to the task.

Meeting her for the first time in 2004 wasn't mean that I was falling in love with her. I broke up with my gf here then I went back in 2006 to fall in love and petitioned her in March 2007. I didn't explain this in detail of question #18.

[Minya's wife 25]

Is there a way that I can still convince the consulate officer to re-consider my case? If I need to fly back to Vietnam again to meet with the consulate officer. I am willing to do so. Please advice. Thank you much!

Unfortunately you are not given that chance, to convince the consulate at this time. They have already made up their minds, and have issued a Notice of Intent to Deny. If they were maybe just questioning, they maybe would have given you a chance by asking for further proof of your relationship....then you would have had a chance to explain things.

Your NOID letter further details, that not only do they question the 2 year gap (2004-2006) but that you offer little proof of the ongoing relationship you stated you had, from December 2006 to Time of Interview. Your letter states:

The met and became engaed in December 2006, during Petioner's first and only trip. There is no evidence on record Petioner has returned to visit Beneficiary. No evidece of communication prior to the engagement, covering a two-yr period, was submitted. Evidence of comm. after the engagement consists of a few chat transcripts from 2007. Photographs submitted do not indicate they spent more than one or two days in each other's presence.

You basically did not have enough evidence even to convince the consulate that you were a couple from Dec. 06 onwards. Let me give you an example....when my, then, fiance went to his visa interview....he had 6 months worth of cell phone bills (showing every day calls back and forth), six months worth of calling card "call history", about 50 pages of chat transcripts, 12-20 pages of transcripts showing text messages sent to cell phone from Skype, about 75 photos and a couple of postcards.....and the consulate still wanted more. So the burden of proof on the visa beneficiary, to have lots of "evidence of ongoing relationship" is quite high.

As if it hasn't been said enough times on this thread....call a lawyer, have a consultation ASAP, don't be stingy with the money. You seem to be having trouble understanding that just because you love her and just because you're a US citizen, it does not guarantee your fiancee a visa. Immigration is a privilege...and its time you start taking that seriously.

-P