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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

On May 28th my fiance went in for his visa interview. He went in at 7 am and didn't come out until 12:30. I wait for him outside across the street. When he came out, he was issued the blue slip requesting we provide additional evidence. After we submitted all the requested documents, he was given another blue slip. Indicating denial of visa and the petition will be returned to the States. They think that "my relationship is a sham to evade immigration laws." Now I'm back in the States and pregnant! I am about 7 weeks along and I have no clue where to begin. I don't know what to do. Please someone tell me what I need to do. I've called my congressman and his office has tried calling NVC to see if the petition has made it back here yet. But still no news. I've thought about getting a paternity test or a prenatal paternity test depending on when I will actually hear back from VSC. Please help me. What should I do?

Filed: AOS (apr) Country: Vietnam
Timeline
Posted
On May 28th my fiance went in for his visa interview. He went in at 7 am and didn't come out until 12:30. I wait for him outside across the street. When he came out, he was issued the blue slip requesting we provide additional evidence. After we submitted all the requested documents, he was given another blue slip. Indicating denial of visa and the petition will be returned to the States. They think that "my relationship is a sham to evade immigration laws." Now I'm back in the States and pregnant! I am about 7 weeks along and I have no clue where to begin. I don't know what to do. Please someone tell me what I need to do. I've called my congressman and his office has tried calling NVC to see if the petition has made it back here yet. But still no news. I've thought about getting a paternity test or a prenatal paternity test depending on when I will actually hear back from VSC. Please help me. What should I do?

IMO Contact Marc Ellis before it gets away from HCMC.. else it will be some time before it ends up back to USCIS...

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

Filed: AOS (apr) Country: Vietnam
Timeline
Posted
I've already tried to get my congressmen to stop the return of the petition. Unfortunately, its already on its way back to USCIS. What should I do now?

all you can do now is get an atty and prepare to fight to get it back to HCMC and be ready to wait as it takes time for the coming steps... its a shame things were not addressed earlier... its not going to be easy at this point.. but it can be corrected... there are several others here that will add to this post that have been through the exact same thing you are going through...

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Yea.. I used an attorney for everything. However, I have a question.. I am pregnant now and my attorney told me that even proof of paternity does not constitute a sincere relationship.. I don't know what else they want me to provide. I mean I have phone records, receipts, emails.. chat archive, pictures, affidavits from witnesses, money transaction receipts, and boarding pass and evidence of travel for the last three years since we have been together.. Still that wasn't enough to prove to the consulate in VN... what else must I do? I am clueless now. What other evidence can I provide? I am pregnant now and really have to reconsider quitting school. I am a junior in college and willing to give up everything to have our baby so as to be close to my fiance. Does anyone know what I can do now?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

What was the RFE (first blue paper) asking for? What did you submit?

Give us some info about you and your fiance:

How did you meet?

How many times did you go to VN?

Did you have Dam Hoi / Din Hon?

Who proposed to who? And when?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

The first blue slip requested that I submit a signed and notarized letter regarding my relationship with his aunt that lives in the STates and a list of family and friends he have in the states with their name, address, relationship etc...

We met on July 22, 2006. Ran into each other 3 consecutive times in one day. Although our families have know each other since three generations ago, I personally never met him til then. Our very first email contact was Sept. 2006.

We did a very small engagement ceremony with maybe 20 attendants. Its like a giap suoi che le noi...

Since we got a good day to get married so we held the ceremony there.. just not the legal side of it.

He proposed to me on July 9, 2007 the night before I was to board the plane back to the States from my summer 2007 visit. June 15, 2008 we held a traditional wedding with family and friends. a week before that was my semi-engagement party. I was just there this summer thats how I got pregnant. Now I am 7 weeks along.

I have phone bills and records using V247 calling service since summer 2006, emails, cards, pictures, affidavits from witness, money transactions receipts, boarding pass etc.... and 1200 guest that attended my wedding to witness my marriage. The entire village could be witness to our marriage/ engagement.

Do you know if they can still deny my petition and him entry into the States.. even when we have a child together? SHould I plan to leave this country to move back to Vietnam with him already? My attorney told me they can still deny my petition and he could be bar from the states. Is this true? IF my relationship is a sham.. why would I decide to have a baby and ruin everything. I am a college student. Attending USF and is now in my junior year. My intended major is international business. I've study and made good grades. I work seven days a week. Pay for my trip to see my husband and pay for the expense of being on the phone 2-4 hours a day. We all know how expensive it is to call. And I do that. I am not crazy. Just madly in love. What can I do? Help me please. Please help. I feel so helpless and have no clue what to do next. Will my husband not be able to see his own baby?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Having a child does not give you any special consideration. Many people get fooled by this thought.

Did you petition for a K1 and then get married? K1 is for fiances, not husbands. CR1 is for spouses. If you showed the CO a big WEDDING party, that is a potential problem.

Money transfers to fiances can be problematic as well. Less problematic when sending money to a spouse.

How much communication betwen the two of you in the time between meeting and proposal?

So you live in Central FL and know his aunt who lives near you? Is the aunt a friend? Co-worker? Neighbor? What other family connections are there? How many degrees of separation are there between your family and his? I have a few friends from my days living in FL that have had trouble because of close family ties.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Why were they particularly interested in his aunt? That sounds like the key.

What your lawyer told you about him being banned for life is true. It can happen. When the consulate returned your petition they were essentially accusing your fiance of fraud. If USCIS decides to agree with the consulate, then they're going to send you a Notice Of Intend to Deny (NOID). If you don't respond with sufficient evidence to counter the reasons for the denial, then they'll issue the final denial, the accusation of fraud will become a finding of fact, and your fiance will be barred from the US for life. This doesn't mean he'll never come here. It means you'll need to apply for a hardship waiver in order to get around the ban. You have pretty good grounds for the waiver with a child. Hopefully, it won't get that far.

You can consider marrying him in Vietnam and applying for a CR1. You can get started on that without waiting for the K1 to be resolved. Getting married does invalidate the K1 petition, but it won't automatically stop the investigation at USCIS. You still need to respond if they send a NOID or risk having your fiance/husband barred from the US.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted

After reading this forum, I just realized I might get in the same situation. Me and my wife was introduced by my aunt who is working with her in the same Hospital for quite long time. We were introduced in the year 2003, and we continue our relationship thru letters, cards, text messages and letters until June of 2008 ,when we both took our vacation (I am working in Saudi Arabia) we got married from the very first time that we've met in July 2008.

I have this worries that they might think that our relationship is a sham because we were introduced by my aunt. I hope not. I really need to be with my wife to start our family and to be with her. :wacko:

Dec 15,2009 - Assigned interview date on January 24,2010!!

Jan. 24, 2010 - Interview!! Approved

Jan. 28, 2010 - VISA received

Mar. 03,2010 - POE, New York (JFK)

Apr. 12,2010- CA ID

May 20,2010- CA Driving License

May, 25,2010-Wife told me that she is pregnant ^_^

Jan.25,2011- Our daughter was born

Lee and Jen + Karenza

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
After reading this forum, I just realized I might get in the same situation. Me and my wife was introduced by my aunt who is working with her in the same Hospital for quite long time. We were introduced in the year 2003, and we continue our relationship thru letters, cards, text messages and letters until June of 2008 ,when we both took our vacation (I am working in Saudi Arabia) we got married from the very first time that we've met in July 2008.

I have this worries that they might think that our relationship is a sham because we were introduced by my aunt. I hope not. I really need to be with my wife to start our family and to be with her

. :wacko:

Being introduced by a family member of the beneficiary is not as much of a red flag in Manila as it is in Ho Chi Minh City. Same with being married on the first visit. This is because visa fraud with the assistance of family in the US is not as common in the Philippines as it is in Vietnam. But, you're going to be interviewing in Riyadh, where being introduced by family members and marriage after a very short engagement are very common. I doubt it will be a problem for you. This doesn't mean the consulate in Riyadh is going to judge your relationship by Saudi social standards, but I doubt the CO's in Riyadh are very familiar with social customs in the Philippines, so they're more likely to look at it the way an American would look at it.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I had gotten the wedding party prior to my petition for the K1. That was because when we got married, I was still not a citizen. I was told by a few friends and agency that helps with filing petitions to just do a K1, its faster that way and you can legally marry in the States. When I returned from Vietnam after the wedding party, I was interviewed and became a citizen. Then I filed for a K1. SInce I was still in school and couldn't take off to go to Vietnam.

We met summer 2006 and he proposed summer 2007. We go married summer 2008.

His aunt did live in Florida but she moved away. I've only spoken on the phone with her once after I had already gotten married. I've never met her personally. She didn't introduce us, we met by ourselves. By coincidence. Three times in the same day. You can say its love at first site or whatever, but it happened weirdly. My ex and I broke up and when I went to Vietnam for vacation I met him. He was in college at the time in Saigon, and was rarely home in Vinh Long. But he was home for one weekend (towards the end of my trip) and we met randomly three times in the same day. We went out on the first date that night and all is history.

I was still going to high school when I met him. He was in college. We both couldn't afford to talk on the phone much. So we emailed. Chat and called each other on weekends. I didn't have all of this on record because I really didn't think all this was key to getting him here. But since 207, we talked almost every day and night on the phone. At least 1-2 hours a day. I was finished with high school then and in college. I had more money to contact him. But most often was during the time between classes that we would go online and chat. I had my laptop with me at school every day for this purpose.

When I started the petition, family friends told me to send money, because this is more evidence of relationship, they did it. I didn't know better, and just listened to anything anyone told me. I was desperate. I miss him so much and would do anything to be with him. He really didn't need the money I sent him, rather he saved all of it until I go there and he gave it back to me to spend while I'm there.

What else should I do now? Should I prepare a detailed explanation why I did everything to respond to the NOID? I don't know what other evidence I should collect. WE talked on the phone every day. I live with him when I'm there to stay. The entire neighborhood could witness to that. Our friends and family could witness to everything. I don't know what else to do. I just wished they could do a full investigation and go to my hometown. Talk to my coworkers and friends in the states. Even my professor could witness. I talk to him all the time and once my professor told me that I was always on the phone. What must I do now? My lawyer is scaring me to death about his possible bar and telling me to collect evidence of relationship but has told me nothing else. IF he can't come here, all I have left is to go there. I can't let my baby be born without its father. IF I go there, then all this time in school will go to waste? Can anyone tell me what to do?

I went to Vietnam with a very little engagement party following my arrival because the parents had already gone to a Lunar calendar reader, and told us the best day to get married for lifelong prosperity and happiness for him and I was on June 15, 2008. That was why we had a small engagement ceremony. And a big wedding party. HIs family and mine live in the same hometown. When my grandmother was still alive, we owned a clothing store across the street from his grandparents egg shop. Our parents weren't close friends or anything but could be called friends. It could be mutual positive feelings but our families rarely cross paths. Until I met him and fell in love. That pulled the families closer together.

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

first thing quit listening to friends and family, at a interview you dont mention money, dont make it sound like your already married and dont let them think its arranged by family. Get with Marc Ellis and get some help wether your consider yourself married or whatever, he will know what to do for your area. Having a baby wont change their minds and return petitions can take 1-2 years for review, you may just have to refile....

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

-------------

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

Posted

If your lawyer isn't an expert in Vietnam specifically, you need to contact Marc Ellis. He has helped numerous VJers here, almost to the point where people don't recommend filing without hiring him. Vietnam is currently one of the most (if not the most) difficult consults to go through. You have tons of evidence that at most other consulates would have resulted in a visa, but life isn't fair and you have to deal with Vietnam, so contact this guy ASAP and hopefully you guys can be together soon. Congrats on the baby too :)

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

You have received some bad advice in the past. Now, I urge you to contact a qualified immigration attorney that has a lot of success dealing with HCMC. Not a "fill out the paperwork" attorney here in the US. Marc Ellis (ellis-island here on VJ, google search him for office contact info) is one of the very experienced HCMC attornies that some VJ'ers have used.

Spend the money to get good advice and then proceed. With the NOID in play you should get the attorney consultation ASAP.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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