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shania09

k3 visa denied from vietnam need help!

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Filed: AOS (apr) Country: Philippines
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hi guys , i really need your help especially with the same situation of my friend . hes wife denied her k3 visa in vietnamn last month,after that he went to vn to go to the embassy with her wife for the second interview.and finally her wife still denied due to lack of traditional vietnam married. what should they do now ? do they have to go back the processing of k3 and have the traditional wedding first. before they will apply again. he said all the papers are back from the base.whats thier options? they got married thier in vietnem already, but not the traditional wedding as what the consul said.whta are these traditional wedding in vn?

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hi guys , i really need your help especially with the same situation of my friend . hes wife denied her k3 visa in vietnamn last month,after that he went to vn to go to the embassy with her wife for the second interview.and finally her wife still denied due to lack of traditional vietnam married. what should they do now ? do they have to go back the processing of k3 and have the traditional wedding first. before they will apply again. he said all the papers are back from the base.whats thier options? they got married thier in vietnem already, but not the traditional wedding as what the consul said.whta are these traditional wedding in vn?

Your friend married a vietnamese girl and she does not know what is a 'traditional' wedding in her homeland? Since this is a denial based on a second interview, for the K-3, perhaps he can look into applying for the IR/CR-1 visa, which is based on the approved I-130 petition. That visa would give the spouse a green-card upon entry to the US. Your friend should probably consult with a qualified immigration attorney and explore the immigrant visa (IR/CR-1) option for his wife.

I'm not sure what you mean by "all the papers are back from the base". What base?


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Filed: Citizen (apr) Country: Ireland
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Vietnam is a high fraud consulate and thus difficult to get a visa approved with. Having a traditional wedding is very big there, and yes it is a red flag not to have had one. What reason did your friend and his wife give for not having one? What other relationship proof did they submit? How did they meet (nbeing introduced by relatives, for example, is another red flag)? They can re-apply (or maybe try for the CR-1, depending on their situation), but first they need to make sure they can remove all obstacles to getting the visa approved.

Hopefully some of our Vietnamese VJ members will be along shortly to give more tips.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: AOS (apr) Country: Philippines
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Vietnam is a high fraud consulate and thus difficult to get a visa approved with. Having a traditional wedding is very big there, and yes it is a red flag not to have had one. What reason did your friend and his wife give for not having one? What other relationship proof did they submit? How did they meet (nbeing introduced by relatives, for example, is another red flag)? They can re-apply (or maybe try for the CR-1, depending on their situation), but first they need to make sure they can remove all obstacles to getting the visa approved.

Hopefully some of our Vietnamese VJ members will be along shortly to give more tips.

all the ducements are accepted. the problem is not having thier traditional wedding. thats what the consule said to them..the traditional wedding issue which is they dont have,is the only reason why they got denied.

another thing is her wife lives in a very very small town. only few people live there in the town.thanks for your help.

hi guys , i really need your help especially with the same situation of my friend . hes wife denied her k3 visa in vietnamn last month,after that he went to vn to go to the embassy with her wife for the second interview.and finally her wife still denied due to lack of traditional vietnam married. what should they do now ? do they have to go back the processing of k3 and have the traditional wedding first. before they will apply again. he said all the papers are back from the base.whats thier options? they got married thier in vietnem already, but not the traditional wedding as what the consul said.whta are these traditional wedding in vn?

Your friend married a vietnamese girl and she does not know what is a 'traditional' wedding in her homeland? Since this is a denial based on a second interview, for the K-3, perhaps he can look into applying for the IR/CR-1 visa, which is based on the approved I-130 petition. That visa would give the spouse a green-card upon entry to the US. Your friend should probably consult with a qualified immigration attorney and explore the immigrant visa (IR/CR-1) option for his wife.

I'm not sure what you mean by "all the papers are back from the base". What base?

im sorry about that. they said they have to undergo another k3 visa again. all the paperworks.

thanks for your reply.

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Vietnam is a high fraud consulate and thus difficult to get a visa approved with. Having a traditional wedding is very big there, and yes it is a red flag not to have had one. What reason did your friend and his wife give for not having one? What other relationship proof did they submit? How did they meet (nbeing introduced by relatives, for example, is another red flag)? They can re-apply (or maybe try for the CR-1, depending on their situation), but first they need to make sure they can remove all obstacles to getting the visa approved.

Hopefully some of our Vietnamese VJ members will be along shortly to give more tips.

all the ducements are accepted. the problem is not having thier traditional wedding. thats what the consule said to them..the traditional wedding issue which is they dont have,is the only reason why they got denied.

another thing is her wife lives in a very very small town. only few people live there in the town.thanks for your help.

because the US consulate in vietnam is considered a high-fraud consulate the bar that each visa beneficiary must meet to be issued a visa, is very high. the consuls expect certain evidence to be there, and if not they deny the visa. if the consulate wants to see evidence of a 'traditional wedding' I'm assuming they are asking for photos of a wedding ceremony that incorporates the traditions of that country. your friends wife should know what these traditions are....have this traditional reception, take lots of photos to satisfy the consulate and be prepared to take that evidence to the interview.

hi guys , i really need your help especially with the same situation of my friend . hes wife denied her k3 visa in vietnamn last month,after that he went to vn to go to the embassy with her wife for the second interview.and finally her wife still denied due to lack of traditional vietnam married. what should they do now ? do they have to go back the processing of k3 and have the traditional wedding first. before they will apply again. he said all the papers are back from the base.whats thier options? they got married thier in vietnem already, but not the traditional wedding as what the consul said.whta are these traditional wedding in vn?

Your friend married a vietnamese girl and she does not know what is a 'traditional' wedding in her homeland? Since this is a denial based on a second interview, for the K-3, perhaps he can look into applying for the IR/CR-1 visa, which is based on the approved I-130 petition. That visa would give the spouse a green-card upon entry to the US. Your friend should probably consult with a qualified immigration attorney and explore the immigrant visa (IR/CR-1) option for his wife.

I'm not sure what you mean by "all the papers are back from the base". What base?

im sorry about that. they said they have to undergo another k3 visa again. all the paperworks.

thanks for your reply.

I'm sorry, but you're not making sense. What do you mean by "undergo another K3 visa"? Before your friend's got a chance to interview for the K3 visa, your friend must have first sent off the I-130 petition, then sent of the I-129F (the K3 visa petition) right? It is the approved I-129 petition which resulted int he K3 interview and denial, but there is still the I-130 petition. Your friend should find out the status of that, and see if he can have his wife interview for that visa, which is called the IR/CR-1.

Has your friend spoken with an attorney, to get some help? Maybe he should.


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Filed: K-1 Visa Country: Vietnam
Timeline
hi guys , i really need your help especially with the same situation of my friend . hes wife denied her k3 visa in vietnamn last month,after that he went to vn to go to the embassy with her wife for the second interview.and finally her wife still denied due to lack of traditional vietnam married. what should they do now ? do they have to go back the processing of k3 and have the traditional wedding first. before they will apply again. he said all the papers are back from the base.whats thier options? they got married thier in vietnem already, but not the traditional wedding as what the consul said.whta are these traditional wedding in vn?

Is she Catholic or Buddhist? If Catholic, then a church wedding is expected. If Buddhist, then the wedding could take place in a temple or the bride's family home. In either case, a sizable group of family from both sides would be expected to attend the ceremony. A large party is expected afterward, with guests numbering up to 200 or more people. The party and number of guests are what the CO will often ask about. Without a large party, it's almost as if the couple are trying to hide the marriage from the community. Everything I've read or heard about engagement and marriage in Vietnam indicates that even a very poor family will still have a large celebration.

When you say "papers are back from the base", I assume you're saying the petition has been returned to USCIS. I honestly don't know if pursuing a CR1 based on the approved I-130 is still a possibility. I simply haven't read enough about denied K3 visas. It sounds like the CO believes they rushed into the marriage in a secretive way just to meet the technical requirements of the visa, but not in accordance with the traditions of Vietnamese culture. If USCIS decides to go along with the consulate and moves to revoke the petition approval then your friend MUST respond to the notice of intent to deny/revoke from USCIS. If he doesn't, then a finding of material representation could be entered into her record, which could result in a lifetime ban from the US. If, on the other hand, USCIS decides to reaffirm the petition then they'll get a second chance at the consulate, but it could be many months before that happens. Another possibility is that USCIS will simply allow the petition to expire, and then they can refile. In that event, I suggest they don't bother with the K3, and just file for a CR1.

Whatever they do, they need to address the lack of a traditional wedding. They need to demonstrate that their families accept the marriage. A second ceremony with family and community involvement is definitely warranted.


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!

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Filed: IR-1/CR-1 Visa Country: Vietnam
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hi guys , i really need your help especially with the same situation of my friend . hes wife denied her k3 visa in vietnamn last month,after that he went to vn to go to the embassy with her wife for the second interview.and finally her wife still denied due to lack of traditional vietnam married. what should they do now ? do they have to go back the processing of k3 and have the traditional wedding first. before they will apply again. he said all the papers are back from the base.whats thier options? they got married thier in vietnem already, but not the traditional wedding as what the consul said.whta are these traditional wedding in vn?

The CR1/IR1 associated with the sent back K3 will also be sent back to the USCIS. It most likely was sitting at the NVC.

Your friend should contact their Federal Representative and/or Senator to get a copy of the Memorandum with the reasons why they were denied at the Consulate. Start gathering evidence to address each item listed. The Service Center only gives you 30 days to respond to the NOID/NOIR. Don't wait until you get the Notice then gather evidence.

Unless the rules changed, you are free to file another petition. Make sure to address all the issues from the first petition though.


CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

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