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

[EricC 0]

Well I am glad I wasn't the only one to worry after reading this thread. But we have to remember that we didn't lie and hopefully that will show in our interview as well. Good luck on your interview Jason-Sahsa!

[StoryAngel 4]

There seem to be quite a few people reading this who are now worried about their own applications. If you're honest and truthful with the information you provide for the I-129F filing and at interview then you really don't need to worry. The primary problem for the OP in this thread is an inability to stick to one story having lied at the outset, which as others have pointed out was unnecessary in the first place. Very sad. Honesty really is the best policy (and it means you don't have to remember which story you've told to whom!)

[jed 0]

Laura,

You are absolutely right... I shouldn't need to lie.

"You didn't have to know your fiance for 2 years prior to filing, many people get that mixed up." --- I got this mixed up.

I met her in Dec 2006 and filed a petition in March of 2007, that was perfectly the right timing. I thought I have to meet the person in 2 yrs that is mainly the reason why I lied. I know that I am a badddd liar.

This thing is very highly sensitive but as a first time petitioner, I am so clueless and didn't understand the procedures. I didn't read much on this board before going doing the steps. Now, it is a baddd mistake. What is the correction to this prob? Will I need to refile and forget the old one?

Thanks.

Sweetheart, I'm sorry.

You must be completely beside yourself. It was a mistake, mistakes happen.

Take comfort in your fiance, in your love, in your relationship. Work through it together.

I don't know what will happen now. You could get married and file for a K3. I have seen people who were rejected a K1 and successfully file a K3 or CR1.

You may want to wait it out though, you could explain to them you misunderstood the requirements. They may be lenient.

I wish you all the best in whatever direction this journey takes you.

~Laura

Hi Laura,

Sorry to interrupt, I would just like to ask about the thing you have said. If for some reason the K1 visa was denied, then the couple would like to file the spouse visa, will they start from scratch? Thank you.

[MissYoko 4]

hmmm yes you lied, you have to assume that.

I'm the beneficiary about our petition and we waited about 2 months reading instructions, collecting information here, on the uscis website.

Before filling the forms, we printed it cause its more comfortable to read on paper.

What you did is clearly not misunderstanding.

Like all said take a lawyer.

regards

Miss Yoko

[Teacher Mark 53]

Everyone who is reading this thread and freaking out remember: This is the Ho Chi Minh City Consulate! It is considered a high fraud Consulate and they got busted lying. Whether or not it was a misunderstanding only they know. Prepare your paperwork with your i's dotted and your t's crossed, gather your evidence and put your best feet forward. You will be fine!

[pushbrk 14,191]

Laura,

You are absolutely right... I shouldn't need to lie.

"You didn't have to know your fiance for 2 years prior to filing, many people get that mixed up." --- I got this mixed up.

I met her in Dec 2006 and filed a petition in March of 2007, that was perfectly the right timing. I thought I have to meet the person in 2 yrs that is mainly the reason why I lied. I know that I am a badddd liar.

This thing is very highly sensitive but as a first time petitioner, I am so clueless and didn't understand the procedures. I didn't read much on this board before going doing the steps. Now, it is a baddd mistake. What is the correction to this prob? Will I need to refile and forget the old one?

Thanks.

Sweetheart, I'm sorry.

You must be completely beside yourself. It was a mistake, mistakes happen.

Take comfort in your fiance, in your love, in your relationship. Work through it together.

I don't know what will happen now. You could get married and file for a K3. I have seen people who were rejected a K1 and successfully file a K3 or CR1.

You may want to wait it out though, you could explain to them you misunderstood the requirements. They may be lenient.

I wish you all the best in whatever direction this journey takes you.

~Laura

Hi Laura,

Sorry to interrupt, I would just like to ask about the thing you have said. If for some reason the K1 visa was denied, then the couple would like to file the spouse visa, will they start from scratch? Thank you.

Yes, you start from scratch but you also must make certain your initial petition is put to bed completely or it will come back to haunt you. The final disposition from USCIS after the Consulate returns it, can take quite a while.

[Fandango 1,440]

The misunderstanding is what prompted the OP and his beneficiary to lie. They are separate.

Get a lawyer or don't....but no congressman/woman is going to take up your cause when you clearly got busted misrepresenting facts to USCIS.

[Risto 0]

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?

You are from another planet or you just don't have intention to marry this woman.

[pooh_bear_7972 0]

you need more people Edited February 18, 2008 by pooh_bear_7972

[K1 Sponsor 0]

ladies and gents,

Every problem there should be a solution to it. It just takes a long time. I got used to the single life, so waiting for another number of yrs won't hurt me. Whenever the right time for her to come, then she comes otherwise just wait. If congressman can't do much, lawyer is next. If lawyer can't do sh!t, spouse visa is next. If spouse visa can't do sh!t, then I retire in vn with wife

[MarkNAshley 0]

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.

No, you cannot sue the consular office for making this statement.

[marrs 0]

hmmm. a lot of folks point out your mistake and they are not wrong.

But I can understand that u lied out of desperation and maybe a little lack of knowledge and research. Now unless you are really trying to do something illegal....isnt it possible to say that you simply mistyped the date? Or did you invent a whole story line for 04 and 05?

If thats the case...I dont know if they will consider you to be credible at all.

Good Luck!

[Carlawarla 1]

While all of this might be an interesting read...it's now the end of July 08 and this issue was from Feb 08. I think even a few people have received their visas since then!

CoDon...you might want to ask your question in a new thread.

[Mags 112]

While all of this might be an interesting read...it's now the end of July 08 and this issue was from Feb 08. I think even a few people have received their visas since then!

CoDon...you might want to ask your question in a new thread.

I've split off CoDon's new inquiry and will lock this thread now, to save confusion!