Denied Petition

[martindart 0]

The Consulate (after her Interview July 2005) returned our K-129F petition. Consular Officer said; We believe as reasonable people do, "NOT" anyway, They said we were trying to evade immigration laws and we have a sham relationship. As of June 12, 2006 I have received a DECISION letter from Nebraska Service Center STATING: After review of the record, including any responses you have sent to this office, the approval of the petition is REAFFIRMED and the petition has been forwarded to United States Consulate/Embassy at Ho Chi Minh City

What is the likelihood of the Consulate (Visa Unit) in Vietnam to now approve our petition? does anyone know, do we have a little better chance of them approving our petition or do we now have absolute approval?

Has anyone had to go this far for a K-129F? Our Notice of Action I-797C NOA2 receipt date is December 3, 2004

The Consulate sent our petition back to the SC who approved our petition in September 2005 and I got a chance to rebut the consular officers findings and recieved the reaffirmed decision letter from Nebraska Service Center on June 12, 2006 (you do the math on how long one MUST wait to resolve a matter like this)

I recieved the consulars report as to why it was denied and declared a sham relationship. They said because I was in my Fiancee company for 2 days only.

I was in VN for 20 days. I wore a suit and tie during our ceremony and all the others day I wore my carhart clothes. All, if not most of our photos taken together in VN visiting all the sites/landmarks days and or nights together I was wearing my carharts... Word to the wise: CHANGE CLOTHES DAILY WHEN BEING PHOTOGRAPH of you and your fiancee taken together that you plan on presenting at the time of interview.

Stay happy and Healthy when waiting..

[Chuckles 0]

I feel for you guys, and have no advice. BUT your advice about the clothes is good. I don't know what is going on with some of those consulate guys... that is discussion for another thread... but it would seem you really have to put on a 'show' for them.

When you think about it, that guy could have easily been fooled by a scam marriage if someone met thier scam-fiancee for one day and wore 10 different sets of clothes. Makes you wonder why a guy would base an important decision like that on clothing... but he did and I suppose everyone needs to comply.

[gimygirl 0]

not sure of what 'carhart clothes' are but ... best of luck at her 2nd interview!!

[noBS 0]

I recieved the consulars report as to why it was denied and declared a sham relationship. They said because I was in my Fiancee company for 2 days only.

Hats off to you for your perseverance against yet another f*edup visa decision. That is a great suggestion to be sure to change clothes, thanks!

But I have a question if you don't mind... how many different trips did you make over there? Was it "just" the 20 day trip? Or were there others? I wonder if they weigh quantity more heavily than length?

Your comments help us all, appreciate you sharing.

[meauxna 15]

If I were in your Carhart'd seat, I would be finding a family-based immigratin attorney who specializes in VN (there is one who posts here actually). I would not walk blindly into a second interview after a reaffirmed petition--you need to know exactly what you are doing, and it sounds like you don't (with regard to the petition return--no offense otherwise intended )

You can read a lot about returned petitions in the ME/NA regional forum here.

You may have missed the news, but around the same time as your case was going thru the first time, there were several marriage fraud rings busted in the US that were specific to VN. The Seattle paper just reported on the sentencing for one of the participants this week.

Get some professional help, bud. You've been waiting a long time & it's time to bring this to a close. Good luck.

added: Just saw that your local office is SEA---seriously, get some help.

[rebeccajo 14]

not sure of what 'carhart clothes' are but ... best of luck at her 2nd interview!!

Hahahaha...Monique Carhartt's are workerman clothes and/or hunting/cammo gear....

on a serious note....

Take meauxna's advice and get some legal help. I wouldn't want to go down the path your about to take without it!

[GaryC 7]

Sorry to hear the way you were jerked around there. Congratz on getting the petition reaffermed though. I think they will think twice about denying you again. You have proved to the US Gov that you have a real relationship and the embassy would have a hard time saying the USCIS is not right with their findings twice. There is a lesson here though. I know it is very expensive and hard to visit more than once but if it is in your means then it's a good idea to visit multiple times and document it totaly. I have been to see my love 6 times now and my fiance LOVES to buy me clothes and dress me up. I think I can show hundreds of different clothes in my pics so I should be good there.

[Mandi+Ryan 0]

Well, DUH! JK! ;-) The more you change clothes, and take pics at different places, and different times, the better. The more pictures you take, the better as well. That way you have a variety of things to choose from. Everytime, while in India, we went out, I changed clothes, hairstyles, etc. We had many monumental backgrounds to choose from, the Taj Mahal, India Gate, Agra Fort, crowds, malls, etc. I even had a selwar kameez made for our engagement party. All the Indians know what I'm talking about. Don't forget to choose from a range of dates as well, and include the name, date, and place on the back of the pics. For every date I had; my clothes, hair, and background were different. The key is VARIETY!

[BlueSurf 0]

Okay Gary, does she enjoy playing dress up or dress down?!!

[martindart 0]

I feel for you guys, and have no advice. BUT your advice about the clothes is good. I don't know what is going on with some of those consulate guys... that is discussion for another thread... but it would seem you really have to put on a 'show' for them.

When you think about it, that guy could have easily been fooled by a scam marriage if someone met thier scam-fiancee for one day and wore 10 different sets of clothes. Makes you wonder why a guy would base an important decision like that on clothing... but he did and I suppose everyone needs to comply.

During our Interview my fiancee presented 52 photos and the consular officer choose only three and took them. Many of these photos were of our ceremony in VN. In the consular report that denied our petition he wrote it appears the ceremony had only 8 guests. In reality, we had over 60 people present I sent along other photos showing many more people in the back ground to disprove what the consular office said. I also had all my fellow employees at the Elementary School where I work sign a signiture petition endorcing the fact I world marry my fiancee within the required 90 days of her arrival. I believe this new information insured Nebraska Service would reaffirm their decision (as they did) those 40 signitures helped.

[woodgc 0]

I am sure you did every thing right. I got an RFE for very stupid reasons and non of it was mine. Many people here suggested I was at fault. Lets face it there are some really good people that work for the feds and then some that need to be taken out back of the wood shed and shot. You and I got the secound type lazy stupid and myoptic. C. Powell talks about these folks in his autobio. so do not feel bad just do what ever you can to light a fire under their ### so the next time they want to be stupid they remember the pain and hopefull do not screw someone else. Pavlov's dog it does work

Good Luck

[Bruce and Han 0]

I feel for you guys, and have no advice. BUT your advice about the clothes is good. I don't know what is going on with some of those consulate guys... that is discussion for another thread... but it would seem you really have to put on a 'show' for them.

When you think about it, that guy could have easily been fooled by a scam marriage if someone met thier scam-fiancee for one day and wore 10 different sets of clothes. Makes you wonder why a guy would base an important decision like that on clothing... but he did and I suppose everyone needs to comply.

During our Interview my fiancee presented 52 photos and the consular officer choose only three and took them. Many of these photos were of our ceremony in VN. In the consular report that denied our petition he wrote it appears the ceremony had only 8 guests. In reality, we had over 60 people present I sent along other photos showing many more people in the back ground to disprove what the consular office said. I also had all my fellow employees at the Elementary School where I work sign a signiture petition endorcing the fact I world marry my fiancee within the required 90 days of her arrival. I believe this new information insured Nebraska Service would reaffirm their decision (as they did) those 40 signitures helped.

Was she given a blue sheet at the time of the interview and that is when they said there were only 8 people at your cerimony? Was she outright denied at the interview or did they ask for further evidence?

[STL_HCMC 0]

I second your questions Bruce. I've never heard of a case straight away denied like this. Usually it is the blue slip process for more information.

I'm also confused on some of the dates listed in the original post:

...Our Notice of Action I-797C NOA2 receipt date is December 3, 2004.

...the SC who approved our petition in September 2005

...I wore a suit and tie during our ceremony and all the others day I wore my carhart clothes

Carhart clothes in Vietnam? It is 90 degrees everyday here in Saigon!

STL_HCMC

Was she given a blue sheet at the time of the interview and that is when they said there were only 8 people at your cerimony? Was she outright denied at the interview or did they ask for further evidence?

[nane1104 146]

Well, DUH! JK! ;-) The more you change clothes, and take pics at different places, and different times, the better. The more pictures you take, the better as well. That way you have a variety of things to choose from. Everytime, while in India, we went out, I changed clothes, hairstyles, etc. We had many monumental backgrounds to choose from, the Taj Mahal, India Gate, Agra Fort, crowds, malls, etc. I even had a selwar kameez made for our engagement party. All the Indians know what I'm talking about. Don't forget to choose from a range of dates as well, and include the name, date, and place on the back of the pics. For every date I had; my clothes, hair, and background were different. The key is VARIETY!

You can change clothes and hairstyles all you want. When you met once, you met once. They see that just looking at the dates when the pics were taken or how many boarding passes/flight itinerary you send.

We sent 5 photos, one from each time we met until then, supported by the tickets, hotelbills,...

THAT's the kind of stuff that matters...not how many different hairstyles you can do.

Just because they are slow, doesn't mean they are stupid.

[martindart 0]

I feel for you guys, and have no advice. BUT your advice about the clothes is good. I don't know what is going on with some of those consulate guys... that is discussion for another thread... but it would seem you really have to put on a 'show' for them.

When you think about it, that guy could have easily been fooled by a scam marriage if someone met thier scam-fiancee for one day and wore 10 different sets of clothes. Makes you wonder why a guy would base an important decision like that on clothing... but he did and I suppose everyone needs to comply.

During our Interview my fiancee presented 52 photos and the consular officer choose only three and took them. Many of these photos were of our ceremony in VN. In the consular report that denied our petition he wrote it appears the ceremony had only 8 guests. In reality, we had over 60 people present I sent along other photos showing many more people in the back ground to disprove what the consular office said. I also had all my fellow employees at the Elementary School where I work sign a signiture petition endorcing the fact I world marry my fiancee within the required 90 days of her arrival. I believe this new information insured Nebraska Service would reaffirm their decision (as they did) those 40 signitures helped.

Was she given a blue sheet at the time of the interview and that is when they said there were only 8 people at your cerimony? Was she outright denied at the interview or did they ask for further evidence?

She was given the blue paper and they (consulate) asked me, to send them, a video of me speaking Vietnamese (Fiancee said I did ok B+) she bias of course. I learned of the 8 people reason when I got the written letter from the consulate about 6-7 months after they denied her.