K1 Visa denial

[YuAndDan 153]

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

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

I know quite a few who marry in Hong Kong, and then apply for a K-3.

CR-1 Must interview in country of residence (Vietnam) however K-3 can interview in country of marriage (HK)

Example on CFL: http://candleforlove.com/forums/index.php?showtopic=33999 (This person also had a K-1 denied in Guangzhou)

[Ed Hall 7]

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

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

I know quite a few who marry in Hong Kong, and then apply for a K-3.

CR-1 Must interview in country of residence (Vietnam) however K-3 can interview in country of marriage (HK)

Example on CFL: http://candleforlove.com/forums/index.php?showtopic=33999 (This person also had a K-1 denied in Guangzhou)

Let me know if I understand you correctly. Are you saying both parties can get married in a country that is foreign to both of them? And once married in that foreign country, would they have to continue living in that country? Or could they just go to that country for the K-3 interview.

Thanks.....

[bryonm4 0]

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

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

I know quite a few who marry in Hong Kong, and then apply for a K-3.

CR-1 Must interview in country of residence (Vietnam) however K-3 can interview in country of marriage (HK)

Example on CFL: http://candleforlove.com/forums/index.php?showtopic=33999 (This person also had a K-1 denied in Guangzhou)

accroding to this website we cannot marry in china because none of us are from china.

Maybe I can go to vietnam for a week do the paperwork and return 3 weeks later for the wedding and stay for 2 weeks. I don't know anything of the paperwork that has to be done and the lawyers are really no help on this.

http://shanghai.usembassy-china.org.cn/mar...e_in_china.html

Can foreigners get married in China?

In order to marry, at least one member of the couple must reside in China. Two foreigners on tourist visas are unlikely to be able to register to marry.

[bryonm4 0]

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

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

I know quite a few who marry in Hong Kong, and then apply for a K-3.

CR-1 Must interview in country of residence (Vietnam) however K-3 can interview in country of marriage (HK)

Example on CFL: http://candleforlove.com/forums/index.php?showtopic=33999 (This person also had a K-1 denied in Guangzhou)

accroding to this website we cannot marry in china because none of us are from china.

Maybe I can go to vietnam for a week do the paperwork and return 3 weeks later for the wedding and stay for 2 weeks. I don't know anything of the paperwork that has to be done and the lawyers are really no help on this.

http://shanghai.usembassy-china.org.cn/mar...e_in_china.html

Can foreigners get married in China?

In order to marry, at least one member of the couple must reside in China. Two foreigners on tourist visas are unlikely to be able to register to marry.

I found this link

http://www.vietnamembassy.us/consular_serv...y_a_vietnamese/

I don't trust it because everytime I do something there is always something new to do or something I forgot to do

I wish there was somebody that a person could pay to help do this in 2 weeks because I think it can be done however

my attorny has not commeted on this website I think he wants $$$$ before he helps me even though he failed getting us

the K1 visa and told me he was working on my case and im not sure what he is doing.

I spent around 15k so far and I have just under 15k left in my life savings so I have to be carefull who I trust

[bryonm4 0]

Ok here are my options from what I understand

1. wait 2 years or more for the appeal then if I win with the help of my senators it gets sent back to ho chi minh for a second interview with the recomendation to issue the visa. Good chance she will win that since it will be 2 years later he english will be better and I will also be armed with letters from my senators and more trips and eveidcence

2. file for Imbra if thats approved then I can marry her still appeal the K1 so its not a hard denial of the 212 (a)(6)©(i)she will get her interview in about a year from filing if she passes the interview she should get her visa however the 212 (a)(6)©(i) will still be on file so they might look the other way and just let her come here they might wait until the appeal on the K1 is done and if it passes she gets to come here if it doesnt pass then she needs to file for a hardship waver and if that passes she gets to come here if that fails she can never come here unless we appeal it in a court of law

[toma1 10]

I noticed that the end of the letter from the HCMC embassy says, "Please turn in the requeted items with the form at window 1 between 1 pm and 2pm monday - friday"

What did they ask for?

[bryonm4 0]

I noticed that the end of the letter from the HCMC embassy says, "Please turn in the requeted items with the form at window 1 between 1 pm and 2pm monday - friday"

What did they ask for?

Nothing an that one but on the one before that they asked for a chronology.

I may have to go with option 1 since the hardship waver sounds like it might not be possible. I found a pdf document where the hardship waver was denied because of fraud and they are calling my case fraud so if I don't appeal it and its fraud then they will deny the hardship visa as well

[Old Dominion 26]

Is there an option to go to Singapore and marry there without a waiting period?

[bryonm4 0]

Is there an option to go to Singapore and marry there without a waiting period?

no thats not an option since she is vietnamise even though her parents were form China

http://shanghai.usembassy-china.org.cn/mar...e_in_china.html

Can foreigners get married in China?

In order to marry, at least one member of the couple must reside in China. Two foreigners on tourist visas are unlikely to be able to register to marry.

I found out I cannot do the K3 or CR1 because I would have to cancel the K1 to do the K3 and that means the 212g would be a hard denial meaning she would have to get a hardship waver but according to case law you cannot get a hardship waver for fraud and it would be fraud with the 212g hard denial

http://www.uscis.gov/err/H2%20-%20Waiver%2...008_05H2212.pdf

so it looks like we have to wait for the appeal and hope for the best

Edited December 16, 2008 by bryonm4

[Ta Ta 1]

Ok here are my options from what I understand

1. wait 2 years or more for the appeal then if I win with the help of my senators it gets sent back to ho chi minh for a second interview with the recomendation to issue the visa. Good chance she will win that since it will be 2 years later he english will be better and I will also be armed with letters from my senators and more trips and eveidcence

2. file for Imbra if thats approved then I can marry her still appeal the K1 so its not a hard denial of the 212 (a)(6)©(i)she will get her interview in about a year from filing if she passes the interview she should get her visa however the 212 (a)(6)©(i) will still be on file so they might look the other way and just let her come here they might wait until the appeal on the K1 is done and if it passes she gets to come here if it doesnt pass then she needs to file for a hardship waver and if that passes she gets to come here if that fails she can never come here unless we appeal it in a court of law

If you marry you can not appeal the K1 as marriage negates the purpose of a fiance visa.

She can not file for a hardship waiver, only the USC can.

My advice is to try and let the senator intervene and if he can not overturn it then let the K1 die out and close.

Then and only then marry and file for the spousal visa.

Collect everything plus the kitchen sink for evidence of a bona fide relationship, just because you are then married does not make it bona fide to the CO.

[bryonm4 0]

Ok here are my options from what I understand

1. wait 2 years or more for the appeal then if I win with the help of my senators it gets sent back to ho chi minh for a second interview with the recomendation to issue the visa. Good chance she will win that since it will be 2 years later he english will be better and I will also be armed with letters from my senators and more trips and eveidcence

2. file for Imbra if thats approved then I can marry her still appeal the K1 so its not a hard denial of the 212 (a)(6)©(i)she will get her interview in about a year from filing if she passes the interview she should get her visa however the 212 (a)(6)©(i) will still be on file so they might look the other way and just let her come here they might wait until the appeal on the K1 is done and if it passes she gets to come here if it doesnt pass then she needs to file for a hardship waver and if that passes she gets to come here if that fails she can never come here unless we appeal it in a court of law

If you marry you can not appeal the K1 as marriage negates the purpose of a fiance visa.

She can not file for a hardship waiver, only the USC can.

My advice is to try and let the senator intervene and if he can not overturn it then let the K1 die out and close.

Then and only then marry and file for the spousal visa.

Collect everything plus the kitchen sink for evidence of a bona fide relationship, just because you are then married does not make it bona fide to the CO.

Can't let the K1 die because I have to get it appealed and overturned. If it dies without overturning it then it becomes a hard denial and she will not get the hardship waver and if I appeal succesfully it will go back to the consulet for a second interview. The second interview will be easier since we will have more trips and her english will be better so it might not pay to get married that will take longer. It will be a 2 years before the appeal gets overturned then we can just pass the interview and she can come here otherwise it will be 2 years on top of another year to file for the K3 or CR1

[Ta Ta 1]

http://www.visajourney.com/forums/index.php?showtopic=2687

Lots of info on appeal versus no appeal in the above link and good advice.

A beneficiary can not file for a hardship waiver. Only a USC can if the consulate determines eligibility for a waiver.

[Ta Ta 1]

http://www.visajourney.com/forums/index.php?showtopic=3896

There are several other useful links within the former posted link.

That was a mouthful

[bryonm4 0]

Been talking to allot of lawyers trying to find out what to do. Was told by just about everyone to appeal the revoke no matter what. Some say to file for another K1 others say to file for another K3 or CR1.

There seems to be difference in lawyers as far as what to do file for another K1, K3, or CR1 or let them send to reversed appeal back to Ho Chi Minh so she gets another interview. Letting the appeal take its course would be the least expensive course and I'm not sure if it would take the longest because from what I understand even if I file for another K1 or K3 they still have to go for another interview and if the appeal is not complete they will not let her come over here anyways.

Anybody have success one way or another?

[luckytxn 2,263]

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

I was hoping we could do it in China but she doesnt think we can do that since she was born and raised in Vietnam, I need to find a decent attrorney I think

I have several questions of course but this one really stumps me. You said she speaks great Cantonese but really poor Vietnamese and English. Yet she was born and raised in Vietnam. Why can she not speak really good Vietnamese when she was born and raised in Vietnam?