K1 Visa denial

[bryonm4 0]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

[YuAndDan 153]

Depends on what was on the denial letter you may be REQUIRED to address the denial before attemting to do another visa.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

I have seen many simply marry and file for a spousal visa and get the visa without an issue.

Edited December 14, 2008 by YuAndDan

[toma1 10]

This seems like a common problem. I'm wondering if people filing for beneficiaries in Vietnam should even take a risk on a K1.

Perhaps these folks should be advised to get married first instead.

[Dakine 26]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

Not the best time to think about having a child. If something should happen to you your lady would be "hung out to dry"!! The kid could be a US citizen but would still be stuck in Vietnam with moms until old enough to travel on his own.

LOTS of K1 people have been approved with only one trip. However multiple trips are becoming more and more of a plus.

Being denied for a lack of a bona fide relationship is a tough one to get turned around. Been there, done that with NO luck.

It's a little late to make more trips.

[bryonm4 0]

Depends on what was on the denial letter you may be REQUIRED to address the denial before attemting to do another visa.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

I have seen many simply marry and file for a spousal visa and get the visa without an issue.

I did find that quote from Marc Ellis he stated to appeal or file a waver. I don't know how long the waver takes but the appeal could take 2 or more years. If she gets a new K1 visa from the waver would they make the interview harder?

Here is what my denial says

The consulate general is unable to issue a visa to you because you have been found ineligible under the following sections of the US immigration and natinality act as amended

section 221 (g) of the act prohibits the issuance of a visa to anyone who has failed to present the documentations required in connection with the visa application or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case

Consular officers applys a reasonable person standard when evaluating the bona fides of claimed spoiusal and fience releationships (9 FAM 42.43 N2.2 (3)) in the present case,

Petitioner has only visted beneficiary once and has not returned since december 2007

In contras to Vietnamise social and cultural norms which mandate a lenghty and careful period of pre-nuptiual arrangements, Petitioner and beneficiary became engaged wihin two weeks of meeting

Beneficiary is unaware of basic facts of petitioners occupational background(current or previous occupation, employment/income source and or other basic facts). For example beneficiary was unaware of the petitioners occupation

B eneficiary is unaware of basic facts of the petitioners educational background ( i.e.level of education, principle course of study for advanced schooling where scholling took place, ect) For exapmle although the petitioner refered to a discussion between him and the beneficiary about coming to Vietnam after the petitioner finshed college in a notorized chronology of the relationship in the interview the beneficary did not know where the petitioner is going to college.

Thes facts are ascertained by consular officers would convice a reasonable person that the claimed relationship is a sham entered into solely for immigrantion pruposes and to evade immigration laws. Therefore pursuant to 9 FAM 41.81 N6.5 the reviewing officer has decided that the petion should be returned to the US citizenship and immicgration services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the immigrant visa chief and will be retunred to USCISfor review and possible revocation upon his concurrence with the reviewing officers decision. When USCIS recieves the returned petition they will contact the petitioner who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petion beneficary will become inelligalbe for a visa under section 212(a)(6)©(i) of the act

Please turn in the requeted items with the form at window 1 between 1 pm and 2pm monday - friday

Warning if you fail to take the action requested or fail to present additional evidence suffcient to overome your visa denial under section 221(g) of the immigration and nationality act within one year of the date of your interview, section 203(g0 of the act requires that your application be cancelled

[bryonm4 0]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

Not the best time to think about having a child. If something should happen to you your lady would be "hung out to dry"!! The kid could be a US citizen but would still be stuck in Vietnam with moms until old enough to travel on his own.

LOTS of K1 people have been approved with only one trip. However multiple trips are becoming more and more of a plus.

Being denied for a lack of a bona fide relationship is a tough one to get turned around. Been there, done that with NO luck.

It's a little late to make more trips.

I was told that more trips always help in an appeal or even if I refile for a new visa being it a K1 or K3. In your appeal did the USCIS deny it or did it go back for a second interview and was it denied there?

[YuAndDan 153]

This seems like a common problem. I'm wondering if people filing for beneficiaries in Vietnam should even take a risk on a K1.

Perhaps these folks should be advised to get married first instead.

K-1 is not a risk if can show plenty of relationship evidence, and "Front-Load" the petition.

Front-loading involves attaching additional relationship evidence as well as making known to USCIS any "Red-Flag" issues in the I-129F filing, this has the effect of dealing with these issues before the consulate gets to deny. The reasoning is that anything presented to USCIS and is approved cannot be used by consulate to deny.

A few trips before or during visa process helps.

Per the article quoted:

PRACTICE TIP #1 - What the words generally unavailable to DHS at the time of petition approval should mean to skilled immigration practitioners, is that they should inform DHS in advance, at the time of filing the petition, of any potential red flags a consular officer might spot in the case. If DHS approves the petition anyway, a consulate is not supposed to deny a petition for that same reason.

What are some typical red flags that can cause a Consular Officer to suspect the merits of a relationship?

On the petitioner’s side, here is a brief and, by no means, complete list of reasons I have seen used to justify the return of family-based IV petitions and K petitions to DHS.

1. A very brief courtship followed by a plunge into matrimony;
2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;
3. No common language;
4. Petitioner resides with family members of the beneficiary in the US;
5. Petitioner is employed by or has a business relationship with a relative of beneficiary;
6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.
7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.
8. There is little or no documentary evidence of the relationship prior to the actual engagement.
9. Long gaps of time between the petitioner & beneficiary being together in person.
10. Failure to disclose previous marriages;
11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

[Dakine 26]

This seems like a common problem. I'm wondering if people filing for beneficiaries in Vietnam should even take a risk on a K1.

Perhaps these folks should be advised to get married first instead.

K-1 is not a risk if can show plenty of relationship evidence, and "Front-Load" the petition.

Front-loading involves attaching additional relationship evidence as well as making known to USCIS any "Red-Flag" issues in the I-129F filing, this has the effect of dealing with these issues before the consulate gets to deny. The reasoning is that anything presented to USCIS and is approved cannot be used by consulate to deny.

A few trips before or during visa process helps.

Per the article quoted:

PRACTICE TIP #1 - What the words generally unavailable to DHS at the time of petition approval should mean to skilled immigration practitioners, is that they should inform DHS in advance, at the time of filing the petition, of any potential red flags a consular officer might spot in the case. If DHS approves the petition anyway, a consulate is not supposed to deny a petition for that same reason.

What are some typical red flags that can cause a Consular Officer to suspect the merits of a relationship?

On the petitioner’s side, here is a brief and, by no means, complete list of reasons I have seen used to justify the return of family-based IV petitions and K petitions to DHS.

1. A very brief courtship followed by a plunge into matrimony;
2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;
3. No common language;
4. Petitioner resides with family members of the beneficiary in the US;
5. Petitioner is employed by or has a business relationship with a relative of beneficiary;
6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.
7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.
8. There is little or no documentary evidence of the relationship prior to the actual engagement.
9. Long gaps of time between the petitioner & beneficiary being together in person.
10. Failure to disclose previous marriages;
11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

Not much you can "front load" to assist proving a bona fide relationship. OP needs to "back load" some additional evidence. Difficult to do after being denied for lack of bona fide relationship. I know well as I've been there and it didn't work out.

[pushbrk 13,624]

Depends on what was on the denial letter you may be REQUIRED to address the denial before attemting to do another visa.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

I have seen many simply marry and file for a spousal visa and get the visa without an issue.

I did find that quote from Marc Ellis he stated to appeal or file a waver. I don't know how long the waver takes but the appeal could take 2 or more years. If she gets a new K1 visa from the waver would they make the interview harder?

Here is what my denial says

The consulate general is unable to issue a visa to you because you have been found ineligible under the following sections of the US immigration and natinality act as amended

section 221 (g) of the act prohibits the issuance of a visa to anyone who has failed to present the documentations required in connection with the visa application or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case

Consular officers applys a reasonable person standard when evaluating the bona fides of claimed spoiusal and fience releationships (9 FAM 42.43 N2.2 (3)) in the present case,

Petitioner has only visted beneficiary once and has not returned since december 2007

In contras to Vietnamise social and cultural norms which mandate a lenghty and careful period of pre-nuptiual arrangements, Petitioner and beneficiary became engaged wihin two weeks of meeting

Beneficiary is unaware of basic facts of petitioners occupational background(current or previous occupation, employment/income source and or other basic facts). For example beneficiary was unaware of the petitioners occupation

B eneficiary is unaware of basic facts of the petitioners educational background ( i.e.level of education, principle course of study for advanced schooling where scholling took place, ect) For exapmle although the petitioner refered to a discussion between him and the beneficiary about coming to Vietnam after the petitioner finshed college in a notorized chronology of the relationship in the interview the beneficary did not know where the petitioner is going to college.

Thes facts are ascertained by consular officers would convice a reasonable person that the claimed relationship is a sham entered into solely for immigrantion pruposes and to evade immigration laws. Therefore pursuant to 9 FAM 41.81 N6.5 the reviewing officer has decided that the petion should be returned to the US citizenship and immicgration services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the immigrant visa chief and will be retunred to USCISfor review and possible revocation upon his concurrence with the reviewing officers decision. When USCIS recieves the returned petition they will contact the petitioner who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petion beneficary will become inelligalbe for a visa under section 212(a)(6)©(i) of the act

Please turn in the requeted items with the form at window 1 between 1 pm and 2pm monday - friday

Warning if you fail to take the action requested or fail to present additional evidence suffcient to overome your visa denial under section 221(g) of the immigration and nationality act within one year of the date of your interview, section 203(g0 of the act requires that your application be cancelled

Thank you for providing the details of the 221g denial. I don't see the Consulate changing their decision. Lack of preparation for the interview is water under the bridge but unfortunately it happens quite often.

My recommendation is to arrange to marry and file for a spouse visa, a CR1 though, not a K3. A speedy result is no longer a possibility, IMO so considering there are financial issues, I don't see a point in pursuing a K3 visa. To do this take what it takes. Accomplishing marriage will add to the bona fides as will proper interview preparation but I would also recommend at least one more visit between the marriage and the visa interview. Being apart a year without visits doesn't speak well for the bona fides particularly in HCMC, where high fraud and cultural issues weigh heavily on visa decisions.

Do heed the advice of Marc Ellis with regard to your K1 case though.

Edited December 14, 2008 by pushbrk

[bryonm4 0]

This seems like a common problem. I'm wondering if people filing for beneficiaries in Vietnam should even take a risk on a K1.

Perhaps these folks should be advised to get married first instead.

K-1 is not a risk if can show plenty of relationship evidence, and "Front-Load" the petition.

Front-loading involves attaching additional relationship evidence as well as making known to USCIS any "Red-Flag" issues in the I-129F filing, this has the effect of dealing with these issues before the consulate gets to deny. The reasoning is that anything presented to USCIS and is approved cannot be used by consulate to deny.

A few trips before or during visa process helps.

Per the article quoted:

PRACTICE TIP #1 - What the words generally unavailable to DHS at the time of petition approval should mean to skilled immigration practitioners, is that they should inform DHS in advance, at the time of filing the petition, of any potential red flags a consular officer might spot in the case. If DHS approves the petition anyway, a consulate is not supposed to deny a petition for that same reason.

What are some typical red flags that can cause a Consular Officer to suspect the merits of a relationship?

On the petitioner’s side, here is a brief and, by no means, complete list of reasons I have seen used to justify the return of family-based IV petitions and K petitions to DHS.

1. A very brief courtship followed by a plunge into matrimony;
2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;
3. No common language;
4. Petitioner resides with family members of the beneficiary in the US;
5. Petitioner is employed by or has a business relationship with a relative of beneficiary;
6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.
7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.
8. There is little or no documentary evidence of the relationship prior to the actual engagement.
9. Long gaps of time between the petitioner & beneficiary being together in person.
10. Failure to disclose previous marriages;
11. Failure to disclose previous petitions filed on behalf of other beneficiaries.

My gf and I have met threw a mutal friend. We have been talking since april of 2007 although I have not been saving evedince because I didn't know that was needed. We agreed to marry if we had chemistry between us because we already fell in love after a few months. I went out there from dec 12 to dec 24th of 2007. I proposed on dec 15th we had engagement party on dec 20th. I got a new job on april 14th of 2008 so I didn't have enough vaction time saved up to see her before I got my new job. My new job only gives 2 weeks of vacation time a year so by the time she got her interview I had not gotten enough vacation time to see her. The questions they say she got wrong was incorrect she awnsered them correctly but one and that was the name of my college. She told them what I went to school for the type of degree I got what I did at work and the name of the company I worked for. Thats why I'm a little outraged by this whole situation. She was very nervous and worried that they didn't understand her fully since her vietnamise and english is not that good. She is only fluent in cantonise. I feel like ive been stabbed in the heart and she is a reck we are both disheartned by the whole situation.

[bryonm4 0]

Depends on what was on the denial letter you may be REQUIRED to address the denial before attemting to do another visa.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

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

I have seen many simply marry and file for a spousal visa and get the visa without an issue.

I did find that quote from Marc Ellis he stated to appeal or file a waver. I don't know how long the waver takes but the appeal could take 2 or more years. If she gets a new K1 visa from the waver would they make the interview harder?

Here is what my denial says

The consulate general is unable to issue a visa to you because you have been found ineligible under the following sections of the US immigration and natinality act as amended

section 221 (g) of the act prohibits the issuance of a visa to anyone who has failed to present the documentations required in connection with the visa application or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case

Consular officers applys a reasonable person standard when evaluating the bona fides of claimed spoiusal and fience releationships (9 FAM 42.43 N2.2 (3)) in the present case,

Petitioner has only visted beneficiary once and has not returned since december 2007

In contras to Vietnamise social and cultural norms which mandate a lenghty and careful period of pre-nuptiual arrangements, Petitioner and beneficiary became engaged wihin two weeks of meeting

Beneficiary is unaware of basic facts of petitioners occupational background(current or previous occupation, employment/income source and or other basic facts). For example beneficiary was unaware of the petitioners occupation

B eneficiary is unaware of basic facts of the petitioners educational background ( i.e.level of education, principle course of study for advanced schooling where scholling took place, ect) For exapmle although the petitioner refered to a discussion between him and the beneficiary about coming to Vietnam after the petitioner finshed college in a notorized chronology of the relationship in the interview the beneficary did not know where the petitioner is going to college.

Thes facts are ascertained by consular officers would convice a reasonable person that the claimed relationship is a sham entered into solely for immigrantion pruposes and to evade immigration laws. Therefore pursuant to 9 FAM 41.81 N6.5 the reviewing officer has decided that the petion should be returned to the US citizenship and immicgration services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the immigrant visa chief and will be retunred to USCISfor review and possible revocation upon his concurrence with the reviewing officers decision. When USCIS recieves the returned petition they will contact the petitioner who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petion beneficary will become inelligalbe for a visa under section 212(a)(6)©(i) of the act

Please turn in the requeted items with the form at window 1 between 1 pm and 2pm monday - friday

Warning if you fail to take the action requested or fail to present additional evidence suffcient to overome your visa denial under section 221(g) of the immigration and nationality act within one year of the date of your interview, section 203(g0 of the act requires that your application be cancelled

Thank you for providing the details of the 221g denial. I don't see the Consulate changing their decision. Lack of preparation for the interview is water under the bridge but unfortunately it happens quite often.

My recommendation is to arrange to marry and file for a spouse visa, a CR1 though, not a K3. A speedy result is no longer a possibility, IMO so considering there are financial issues, I don't see a point in pursuing a K3 visa. To do this take what it takes. Accomplishing marriage will add to the bona fides as will proper interview preparation but I would also recommend at least one more visit between the marriage and the visa interview. Being apart a year without visits doesn't speak well for the bona fides particularly in HCMC, where high fraud and cultural issues weigh heavily on visa decisions.

Do heed the advice of Marc Ellis with regard to your K1 case though.

Thanks for the advice. Im not sure I can stay there 45 days to get married it might cost me my job. Im not sure how long the CR1 will take but if I marry her I would also travel out there for the visa interview but I don't know if I could take a trip between the wedding and the visa interview since I only get 2 weeks off a year. I work at a government job I know they give you time off for having a baby a leave of absense but not sure if they will do that for marriage I can check on it. Would I have to do the waver if I do the CR1 since the consular will not interview her with the denial on file?

I have emailed Marcus he wanted 100$ for a consult but he wanted me to send my gf to his office. The problem is her english is not that good and I need specific awnsers to about 10 questions so I emailed him to see if I could do the consult with him over the phone I would call him and pay him the 100 but he has not gotten back to me on it yet.

[R de la R 2]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

I don´t understand why you have to stay there 45 days? You can stay there 2 weeks and try to get marry during that time. It is not a good idea to quit your job for that purpose unless you have a lo of money saved.

I don´t understand why you have to stay there 45 days? You can stay there 2 weeks and try to get marry during that time. It is not a good idea to quit your job for that purpose unless you have a lo of money saved.

[bryonm4 0]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

I don´t understand why you have to stay there 45 days? You can stay there 2 weeks and try to get marry during that time. It is not a good idea to quit your job for that purpose unless you have a lo of money saved.

I don´t understand why you have to stay there 45 days? You can stay there 2 weeks and try to get marry during that time. It is not a good idea to quit your job for that purpose unless you have a lo of money saved.

I was told by 2 different lawyers that it takes 45 days to get married something with the paperwork. I found this website http://www.vietnamembassy.us/consular_serv...y_a_vietnamese/

and was told I could do everything first but the lawyers have told me that I would still have to be there 45 days not sure why maybe I have to wait for some papers or something before we get married. I wish there was a way around this. If I quit my job then I won't be able to bring her over because I will not have the income to bring her over

[william_wallace 8]

Can't you get married in another country near where she lives?

[Dakine 26]

I'm 43 and my gf is form Vietnam she is 42. We are true solemates. I only made 1 trip to Vietnam for 2 weeks and I was planning on taking another trip when she got the visa so I could fly back with her however they said it was not a bonafide relationship that it was a scam 221 (g). That was on November 28th 2008. I got my 2 senators house rep involved they all 3 sent something to the consulate in HCMC however they recieved replys that it was sent back and closed in there office. One of the case workers for one of the senators said it was not in the diplomatic pouch that it had been sent back as congressional mail because of the senators appeal and she thinks we will get a new interview in Jan or Feb because it will take a different path. She has never helped appeal one before so I am skeptical. The other case worker that works for the other senator says it will get back to the California service center very fast however it will sit there for 2 years or longer before they look at it because he is helping appeal other cases. He also told me the only way to get them expedited is if it was because of national security or life and death situation. If they could speed it up for any other reasons then everybody would contact there senators to get them pushed threw quicker. He did say one good thing and that they are easy to get overturned and they then send them back again to the consular with the recomendation to issue the visa but she still has to go threw another interview.

My girlfriend and lawyer want me to go over there and marry her and file for the K3 visa but here is the problem my job will not give me the time off from work for the 45 days I would have to spend over there to get married. So I would have to quit my job. Is it possible to file a new K1 visa and get it approved? My gf is fluent in cantonise and her english and vietnamise is not that strong so they didn't understand some of the awnser. I found out you could get a cantonise translator she was also very nervouse at the interview. I also plan on traveling out to see her one more time and if she gets that second interview I will travel out for that as well for a total of 3 times I think that will help us since they listed on the denial that I only came out there 1 time. I would also be brining a recomendation letter from my case workers that work for the senators.

The appeal could take 2 years and we want to try and have a child while she still can can. I have read several of the messages on this board and would like some helpfull advice. I spent 3K on the lawyer but he does not return my phone calls anymore to give advice he wants some more money. I don't have much more money left and I would rather spend what little money I have on lawyer that has decent advise. I am going to be working 2 jobs to pay for a new lawyer but I don't have a big lump sum of money I can give them now.

The other option is to move to HCMC and find a job I would live poor but at least we would have each other. I would have to sell my house and give up a decent job.

Not the best time to think about having a child. If something should happen to you your lady would be "hung out to dry"!! The kid could be a US citizen but would still be stuck in Vietnam with moms until old enough to travel on his own.

LOTS of K1 people have been approved with only one trip. However multiple trips are becoming more and more of a plus.

Being denied for a lack of a bona fide relationship is a tough one to get turned around. Been there, done that with NO luck.

It's a little late to make more trips.

I was told that more trips always help in an appeal or even if I refile for a new visa being it a K1 or K3. In your appeal did the USCIS deny it or did it go back for a second interview and was it denied there?

Denied and sent back to USCIS. I cancelled the visa and after awhile married and did a spouse visa later. Different lady tho.