A Question of PROOF ....

[PeterFB 0]

Linda

I haven't used Marc Ellis but I would see if he could help me if I needed his legal services. From what I've read about him and his posts here, the Consulate may not like him because he will make them do their job. In many of the cases he has helped with, the couples were denied visas without just cause from what I've read. He stepped in and resolved the issue. The consulate denies many visas by saying they don't believe there is a real relationship between the couples yet they haven't read the emails, chats, phone records, etc that were brought to the interview. I can only assume they read the I-129f supporting evidence.

I don't remember when but someone posted the 2005 status report on the Embassy and Consulate in Vietnam. In 2004, HCMC handled more K1 visas than any where else in the world and the 6th largest number of IV visas. The denial rate was 55% for first time visitor visas. The report didn't say what denial rate for K1/3 visas but did say it expected an increase in applicants following the trend. 2390in 2000 to 7480 in 2004. The last two emails I got from the Consulate did make clear they are operating with a heavy workload so I think there's perhaps double the number now from 2004.

I for one would like everyone who has gone thru the visa process at HCMC to compile who they talked to for the interview, as detailed as possible report on it such Eric and Thuy did. The more you read and understand the process, the people involved that you have to deal with, etc the less stress you will feel.

This site and the people here are extremely helpful and supportive. So you can relax, you'll get help.

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

[ILoveTan 0]

Hi Peter, your posts are really helpful and I appreciate them A LOT. I do need to relax! :-) I can admit it. I have never been in love before... what a goofball I have turned into..... as far as proof, that isn't my problem. That is the funny part. Proving its a real relationship will be the easy part. I have to deal with a weird financial situation right now .... when did they ask you for your proof of finances? Is that at the interview or before? How many months after you filed did you need to prove your financial situation??

Proving our love? Tan has a HUGE tattoo on his arm with my full name on it. If he has plans of leaving me and running off in America, I hope he can learn enough english to explain a tattoo with a big heart, my name and the words: PROPERTY FOREVER OF LINDA CHAIDEZ :-D

Linda ;-)

[chasnik 0]

Im not sure about the vietnam consulate, but my fiance went through Casablanca also a high fraud consulate and they did ask about the divorce, the dates the time frames my living arrangement...while there are questions they maybe should not ask I dont think anything is offlimits to them. I had an attorney..and he said alot of the same things Marc said to you. I have also heard of the homes of people being called....exhusband best friend answering your phone in a house your going to say only you live in at 4 am might not be good IMO.

[Teacher Mark 53]

Just slow down and smell the roses! You have alot of things to be grateful for in this matter.

1.) You're in love.

2.) You speak Vietnamese.

3.) You have a decent amount of money. With that kind of money I would be living there until the Visa was issued.

4.) A book deal? Right on. Make sure and let us know the title.

Take the time to build your case. Make sure it is rock solid. Sure there are obstacles, but they can be overcame!

I apologize for snapping back. We are all in a strange situation that sometimes seems to defy logic.

[ILoveTan 0]

Just slow down and smell the roses! You have alot of things to be grateful for in this matter.

1.) You're in love.

2.) You speak Vietnamese.

3.) You have a decent amount of money. With that kind of money I would be living there until the Visa was issued.

4.) A book deal? Right on. Make sure and let us know the title.

Take the time to build your case. Make sure it is rock solid. Sure there are obstacles, but they can be overcame!

I apologize for snapping back. We are all in a strange situation that sometimes seems to defy logic.

Thanks for your post. I am quick to judge and it's something I need to work on. I often don't trust Americans (part of why I learned Vietnamese), I have had alot of bad happen to me in America and with Americans and sometimes I am waaaaay to quick to pronounce judgement or say this person is not smart or capable when really I haven't given them a fair chance.

But you are RIGHT. This DEFIES LOGIC. Why I got a quick divorce? DUH. I am IN LOVE WITH ANOTHER MAN WHO I WANT TO BE WITH NOW. Is it a scam for him to get to America? Only if he is literally the greatest actor that has ever lived and if that is the case, so be it, he deserves a ticket to America for this performance. No, really. I have 176 I.Q and have had a hard time fitting with people my whole life but I usually (NOT ALWAYS) can feel a person out and know if they are for real or not because usually (NOT ALWAYS) I am smarter than them. Sorry if that sounds bad, but as the Vietnamese say: Su That Mat Long.... THE TRUTH HURTS! heheheheeh ;-) But seriously....

I am risking A LOT of my life to do this with him and I am super scared. My book is about men and relationships and a divorce looks real real bad for me unless I can explain it .... if I am just divorced and not with a new husband, that would not fly well. (part of the reason I didn't divorce before now, for the book). I am sacrificing a lot for this man, money, a percentage of my book (I have to sign the deal quicker in order to get the advance but I LOSE a huge percentage of my profits this way - try around 80% lost) I am really taking a leap of faith on this love. I can't explain all but take my word, I have cause to be hyper stressed out. Not to mention the thought that I will go through all this and then not have HIM. I am a lot like a man - very dominant and assertive and I just never was into the pushy, forward american men. Everytime Tan is shy and reserved and too insecure to touch me, I want to jump his bones! Maybe I am just cracked in the head... who knows? :-)

If anyone can tell me around what month you are asked to prove your money that would help me A LOT. And everyone still feels certain that assets are good enough in lieu of tax returns for last year? Really stressed about the stupid money. I have potential to be super millionaire here and I am scared I can't PROVE enough for the consulate. ARGH. I had one lawyer (another frigin' incompetent JUST KIDDING!) say that the consulate won't care if I am a billionaire if I can't show STABLE income over the course of years. ARE YOU KIDDING ME?! Plus, this is the only time in my life I don't have mega-bucks because I put so much money into my project (its a book and a t.v. deal but I paid for much of it myself because I HAD the money) GAAAAAAWWWWWD. I can't even go to the consulate and blow them away with my cool Vietnamese skills because they are AMERICANS. AAAAAAAAAAAAAAAAAAAA I LOVE HIM, HE LOVES ME - JUST GIVE HIM THE PINK SLIP!!!!!!!!!!!!!! (thanks for letting me vent, sure it won't be the last time)

Linda

Edited February 16, 2008 by ILoveTan

[desert_fox 32]

Your quickie divorce from some place like Guam or the DR is worthless. They have no jurisdiction in the matter and it was only done to circumvent the laws of your home state. This is more true if you never abandoned your residence in your home state. Their courts will not enforce the judgement and Im sure that your home state has a law setting aside this divorce upon motion to the court or its own motion.

The USCIS is well aware of this and have their own legal staff to give legal opinions on such matters, and probably will not recognize your divorce.

[ILoveTan 0]

Your quickie divorce from some place like Guam or the DR is worthless. They have no jurisdiction in the matter and it was only done to circumvent the laws of your home state. This is more true if you never abandoned your residence in your home state. Their courts will not enforce the judgement and Im sure that your home state has a law setting aside this divorce upon motion to the court or its own motion.

The USCIS is well aware of this and have their own legal staff to give legal opinions on such matters, and probably will not recognize your divorce.

Hi desert fox.... are you sure about this? According to everything I have read #1, Guam is a territory of the u.s., #2 it is a legal and final divorce and both parties are free to remarry under u.s. law and it is a recognized divorce, #3 according to the lawyer and in writing it has been stated that MOST People who choose a Guam divorce do so because of similar situations... like wanting to remarry someone from another country and file a k1 and the divorce is legal and valid for u.s. immigration purposes. I suppose they could be lying to me in every way but check out a Guam divorce website and let me know what you think....

http://www.expatdivorces.com/non_residents.htm

any thoughts?

Thanks

Linda

[desert_fox 32]

[ Hi desert fox.... are you sure about this? According to everything I have read #1, Guam is a territory of the u.s., #2 it is a legal and final divorce and both parties are free to remarry under u.s. law and it is a recognized divorce, #3 according to the lawyer and in writing it has been stated that MOST People who choose a Guam divorce do so because of similar situations... like wanting to remarry someone from another country and file a k1 and the divorce is legal and valid for u.s. immigration purposes. I suppose they could be lying to me in every way but check out a Guam divorce website and let me know what you think....

http://www.expatdivorces.com/non_residents.htm

any thoughts?

Thanks

Linda

...its worthless...probably valid in Guam. It used to be real popular to go to Nevada for six weeks.....and get a one day divorce. The next day the new divorcee would move back to California. Calif passed a law not to recognize such divorces. Check with any family lawyer where you live on how your state treats these quickie divorces where some court has no jurisdiction. Im sure that you will find that they are voidable by the courts in your home state.

Im sure the lawyer in Guam gave you this big spiel about FULL FAITH and CREDIT requirement of the US Constitution where each state recognized each others laws...but this issue has been overcome by each state adopting Uniform Codes regarding which state has jurisdiction when it comes to family matters. This was done to prevent ppl from shopping around from state to state for more favorable jurisdictions regarding divorce, child custody, spousal support, etc. requirements of the home state. Im not an expert on this but I am familiar with the Calif law where any foreign state divorce can be voided if the person moves back to California within two years after shopping around for a more liberal law....i.e. Nevada, Guam, DR, etc.

[b_weeks 6]

I am currently using MArc Ellis in my case. I chose to use him because of my situation

I have an 8 year old child who lives with his mother. This was a previous non-marital relationship. I was sort of introduced to my now finace by her sister who is also married to an american (a former co-worker) I visited my fiance in Vietnam for 38 days, got engaged, had the Dinh Hom ceremony and a huge party (about 330 guests)

About 2 weeks before I left to return to the US, we found out that my finace is Pregnant.

I admit that Marc can be very upfront and to the point when it comes to K1/K3 visas, the HCMC consulate, and the whole process. I was just in Marc's office about 4 weeks ago, and I don't think the woman that worked in his office was his wife.

One thing you have to understand about many of the workers in the US consulate, many are local VN people. Many are rude, and many do not understand the immigration processes and rules. Marc does, and very well.

Many people run into problems at the interview, and hire Marc to help. From many posts on this board, he is very good at what he does. You dont have to like him. But you can trust what he says to be true.

I am very fortunate to have understood what evidence would be required, and have saved all the emails and chat logs from the beginning of our relationship.

Good luck to you.

[pushbrk 12,212]

push,

Has the OP posted before, am I missing something. She only states that she was married before, and now lives w/ her ex-husband.

I was previously married and I live with my ex-husband now because he is my BEST FRIEND.

Why would you say:

For starters, your relationship so far, has been between a married woman and a single man. At best, you'll file a fiance petition after a recent divorce,...

Maybe she's posted before and I've missed it, but I do not see anything in her current post to state she is still married, or even recently divorced.

-P

Yes, she's posted before. One topic was about how to get a quicky divorce outside the US.

[rebeccajo 14]

I don't know Marc Ellis at all. He never represented me and I have no knowledge of him other than his reputation. When you've been around these boards awhile, you pick up the names of a few people who are highly skilled in their fields.

I don't understand why you keep talking about not being with Tan if you can't get the visa. Would your relationship be over if HCMC denies you?

[pushbrk 12,212]

[ Hi desert fox.... are you sure about this? According to everything I have read #1, Guam is a territory of the u.s., #2 it is a legal and final divorce and both parties are free to remarry under u.s. law and it is a recognized divorce, #3 according to the lawyer and in writing it has been stated that MOST People who choose a Guam divorce do so because of similar situations... like wanting to remarry someone from another country and file a k1 and the divorce is legal and valid for u.s. immigration purposes. I suppose they could be lying to me in every way but check out a Guam divorce website and let me know what you think....

http://www.expatdivorces.com/non_residents.htm

any thoughts?

Thanks

Linda

...its worthless...probably valid in Guam. It used to be real popular to go to Nevada for six weeks.....and get a one day divorce. The next day the new divorcee would move back to California. Calif passed a law not to recognize such divorces. Check with any family lawyer where you live on how your state treats these quickie divorces where some court has no jurisdiction. Im sure that you will find that they are voidable by the courts in your home state.

Im sure the lawyer in Guam gave you this big spiel about FULL FAITH and CREDIT requirement of the US Constitution where each state recognized each others laws...but this issue has been overcome by each state adopting Uniform Codes regarding which state has jurisdiction when it comes to family matters. This was done to prevent ppl from shopping around from state to state for more favorable jurisdictions regarding divorce, child custody, spousal support, etc. requirements of the home state. Im not an expert on this but I am familiar with the Calif law where any foreign state divorce can be voided if the person moves back to California within two years after shopping around for a more liberal law....i.e. Nevada, Guam, DR, etc.

I'm not a lawyer and don't know if you are. I suspect that if the respondent in the divorce case (In this case the OP) wished to dispute the Guam divorce, some states might invalidate it or re-adjudicate any property or custody settlement. However, since the the OP is not challenging the divorce, there is no custody issue and any property settlement seems to be mutually arranged, I don't see why USCIS wouldn't accept the divorce as valid.

All that said, I brought up the marriage/divorce issue with respect to how it is likely to impact a HCMC Consular Officer's view of the bona fides, not to judge or moralize.

I think it would be good to explore the affidavit of support issues. Since we're talking about a K1 visa, the I-134 will come into play down the road. The OP appears to be currently self employed as at author. As such, submitting three years of tax returns would be good along with documenting assets. Perhaps the advance will occur before the I-134 is executed. I don't see what a skillfully presented financial package wouldn't pass muster but I'd need to know the real facts, not simply a "forward looking" statement.

[rebeccajo 14]

Well, regarding the affidavit of support, what's going to matter most is how HCMC generally analyzes it. I have not one clue if they require tax returns or gumballs. The onus is on the OP to discover that information.

Edited February 16, 2008 by rebeccajo

[desert_fox 32]

I'm not a lawyer and don't know if you are. I suspect that if the respondent in the divorce case (In this case the OP) wished to dispute the Guam divorce, some states might invalidate it or re-adjudicate any property or custody settlement. However, since the the OP is not challenging the divorce, there is no custody issue and any property settlement seems to be mutually arranged, I don't see why USCIS wouldn't accept the divorce as valid.

Thats probably an accurate statement....but the point being that its a voidable divorce....her own home state wouldnt even go by the terms of it. Its voidable and the USCIS knows that it is. Ive seen pple on here over the years receive RFE's for valid divorce documents over this very same or some kind of similar issue. Im not a lawyer.

Here is the cite from the Calif Family Code. Since it is a uniform act.....all states that have adopted the uniform act wilol have a simioar provision in their law.

2090. This chapter may be cited as the Uniform Divorce Recognition

Act.

2091. A divorce obtained in another jurisdiction shall be of no

force or effect in this state if both parties to the marriage were

domiciled in this state at the time the proceeding for the divorce

was commenced.

2092. Proof that a person hereafter obtaining a divorce from the

bonds of matrimony in another jurisdiction was (a) domiciled in this

state within 12 months before the commencement of the proceeding

therefor, and resumed residence in this state within 18 months after

the date of the person's departure therefrom, or (B) at all times

after the person's departure from this state and until the person's

return maintained a place of residence within this state, shall be

prima facie evidence that the person was domiciled in this state when

the divorce proceeding was commenced.

[JVKn'CVO 11]

Ilovetan,

First, let me say, I have the very first email my husband sent me not out of fraud, but out of romanticism. I'm sure many others are in the same situation, it's not an indication of fraud at all

ok, so now to your issue...

Do you talk on the phone? Any chance you might get phone records from your phone service provider? Both my husband and I were able to request this without a problem. Any chance someone else might have taken pictures of you together that you may contact? Friends, family, people accompanying you on the trip?

It might help your situation if you explain everything on the original submittal. Something on the lines of "we first met during xx trip .... but it wasn't until xx that our relationship became formal...". Be honest, informative, and straightforward.

Don't risk your case by getting a quickie divorce, get a formal divorce in your state so that everything's in order and they have nothing to object.

I think this article will help you prepare ILW.com, It talks about denials, but I think the more you learn about denials, the better chance you have to avoid them, IMO. It's written by Marc Ellis, sorry

Good Luck!

Saludos,

Caro