My fiance has been denied his visa and I just found out I am pregnant

[soniew910 0]

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?

That's really none of your business.

[Anh map 2,098]

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?

That's really none of your business.

These are standard questions asked during interviews at this consulate. And information commonly shared when seeking advice regarding HCMC Consulate.

[Caroline and Phil 14]

You should have started CR-1 Petition for Relative instead of K-1.

Talk to an attorney and see if something can be done with this petition or if it would be worth it if you started a new petition for relative.

[JimVaPhuong 4,864]

As has been mentioned, you've gotten some bad advice from family members, and your attorney is not helping with his scare tactics.

Marc Ellis is currently in HCM, but he's returning to the states for a long overdue trip within the next week or two. You can contact him via email either way.

http://www.marcellislaw.com/

You can't do anything about the K1 until USCIS makes a decision, but you don't have to wait for the K1 to be resolved to proceed. You can still get married LEGALLY, and apply for a CR1 while the K1 is still being decided. Just don't forget to respond if you get a NOID, or you'll risk having your fiance banned.

You can't do anything about your family relationships, but your attorney should have known that this could raise suspicions at the HCM consulate, and should have been addressed thoroughly in your petition. If it had been sufficiently addressed in the petition then it probably wouldn't have been a problem at the consulate.

There are other aspects about your case that are problems at the HCM consulate. You applied for the K1 immediately after becoming a US citizen. You had a small engagement ceremony. These are typical of a sham relationship for immigration purposes. Again, if your attorney had known this consulate then he would have known these issues need to be explained thoroughly.

The wedding ceremony, even though not legally binding, was a bad idea. Especially since it was much larger than the engagement celebration. The consulate could have just as easily denied the visa because they thought you were already married, and ineligible for the K1.

Sending money is not a big deal. A lot of people do it, but you don't usually share this information with the consulate. Whoever told you that this was a way to prove a valid relationship was dead wrong. If anything, it makes it look like you're buying a spouse.

However you decide to proceed, be prepared to address these issues in writing, and back up what you say with evidence. You'll need this if you have to respond to a NOID, and also when your fiance eventually goes back to the consulate for another interview. It's also STRONGLY advised that you be in HCM when he returns for his interview. You can't go into the interview with him, but it helps if the CO knows you're waiting outside.

[maitai 0]

I have just emailed Marc Ellis and will wait for his reply. Do you know though if he resides in Vietnam or in the States?

Does anyone know what are the chances of my success in getting my fiance/ husband here? Has anyone been in this position before?

[Anh map 2,098]

What you have described does not sound like fraudulent action, just some illadvised steps. The toughest thing about most cases, and certainly your situation, is having patience and working things through the system. This is going to take some time to get you and your fiance/spouse on the proper visa petition.

You are on the right track contacting an experienced attorney. Next step is talk with the attorney.

[maitai 0]

Thank you for everyone's advice. I've already contacted Marc Ellis and when he returns to Vietnam from the States, my fiance will meet with him and show our papers. Thanks again. If there is anything anyone know that I should do, please let me know.

Does anyone know if there is a chance my fiance can visit the States when I our baby arrives? I know the chances are slim but if anyone knows of a way please let me know. I really want my fiance/ husband to be able to hold our baby when he is first born. By the way, how many months must the baby be before he can travel to Vietnam? Does anyone know?

Thanks again!

[Twisted K 2]

I echo talking to Marc Ellis, although I did not retain him as my lawyer when we refiled, he was very helpful in answering my general questions. He will want to interview you and your fiance. But as far as the NOID, you will not normally get this letter with a fiance visa, it is mainly used with the spousal. We never got a chance for an NOID, but simply a letter from USCIS stating our case was basically dead and we could refile if we were so inclined. If/when you do decide to refile, make sure you are prepared to address the reason for your K1 refusal. Also, Marc will tell you to never, ever, under no circumstances, to withdraw your I129f. Good luck in your decision, and congratulations on your pregnancy

Also, there is a pinned topic on top of the MENA forum when you have a chance to read it, there is some very good information, once you get passed the desire to get it pinned:

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

Edited August 3, 2009 by kaushalia

[JimVaPhuong 4,864]

Thank you for everyone's advice. I've already contacted Marc Ellis and when he returns to Vietnam from the States, my fiance will meet with him and show our papers. Thanks again. If there is anything anyone know that I should do, please let me know.

Does anyone know if there is a chance my fiance can visit the States when I our baby arrives? I know the chances are slim but if anyone knows of a way please let me know. I really want my fiance/ husband to be able to hold our baby when he is first born. By the way, how many months must the baby be before he can travel to Vietnam? Does anyone know?

Thanks again!

Under normal circumstances, your fiance's chances of getting a tourist visa to the US would be very slim. Since he's been denied a K1, his chances are pretty much zero. He'd have a better chance of getting a tourist visa to Mexico or Canada, and you could meet him there.

There is generally no minimum age for a child to fly. Most airlines will require a doctor's authorization for newborns, and the age varies between airlines (1 week to 1 month is typical). However, this probably won't be a concern for you because it will take several weeks to get your baby a passport (yes, even babies must have a passport to travel internationally), and then another week or so to get your baby a visa to visit Vietnam. If you manage to get a certified copy of the birth certificate within days of the child's birth, and pay for expedited service to get the passport, you could conceivably be ready to take your baby to Vietnam when it's a little over a month old. More realistically, you're probably looking at 2 or 3 months to get all the documentation together. Under NO circumstances should you take your baby to Vietnam or any other country unless it's current on it's vaccinations.

[maitai 0]

Does anyone know... even if my petition is being returned to USCIS right now, if I were to file for another K1. And attached to that if I can submit a letter with reason to address my K1 refusal. This is my thinking, if the petition is being returned, by the time it gets back the petition would have expired. So if I were to refile now wouldn't that be okay???

Than by the time they interview my fiance again, do you think if I can find a way to sneak into the Consulate to be by his side for the interview.

[Danu 19]

Not necessarily. When they return it on this grounds it may not be allowed to expire and if it instead gets denied on the grounds of fraud then you are still dealing with the same issues. Also filing for another K1 when your basis of denial was something like suspected fraud, probably won't work the 2nd time through either. It would be a bit different if it was on the grounds of not having met but when this is what they are trying to accuse you of its better to keep the one you have in play, or go with a CR1.