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Filed: AOS (apr) Country: Vietnam
Timeline
Posted

It is thought by many here that the decision to approve is done in many cases prior to the interview... by submitting proof of the bona fide relationship including a timeline and anything else that one may be asked to provide the CO as evidence at the interview.. it is though that it will only help ones case.... more is only better when the filing is very organized and well presented... I added a timeline and additional proof of bonafide relationship that one would not normally include in a filing to another country. If a Dam Hoi has taken place it is wise to submit proof in the initial filing...

"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
It is thought by many here that the decision to approve is done in many cases prior to the interview... by submitting proof of the bona fide relationship including a timeline and anything else that one may be asked to provide the CO as evidence at the interview.. it is though that it will only help ones case.... more is only better when the filing is very organized and well presented... I added a timeline and additional proof of bonafide relationship that one would not normally include in a filing to another country. If a Dam Hoi has taken place it is wise to submit proof in the initial filing...

+1 :thumbs:

Many people on this forum (including my fiancee) have said they saw the decision paper (pink, blue, or white) already prepared and sitting in front of the CO, along with the other documents, before the interview had even begun. One can only conclude from this that the decision was pretty much made before any questions were asked or evidence presented at the interview. The CO could only have made this decision based on the documents and other information available before the interview, which includes the original petition package in it's entirety.

Frontloading refers to loading your petition package with evidence that will, hopefully, be enough to convince a CO that your relationship is legitimate, and improve your chances of having that pink paper ready when your fiancee steps up to the window for her interview. For the consulate in HCM, there seems to be some minimum requirements that they look for, such as a relationship that developed gradually and not suddenly, two or more visits to Vietnam (the more, the better), and (as Scott mentioned) a Dam Hoi ceremony and celebration seem to be almost mandatory. If you choose to frontload your petition, you should include evidence that you've met these unspoken minimum requirements.

Another reason that has been cited for frontloading is a series of a technicalities in the Immigration and Nationalization Act. According to the act, a consular officer can't deny a visa application for a reason which was known to USCIS at the time the petition was approved. This means a CO must find a reason which USCIS was not aware of before he can deny the visa. Frontloading gives you an opportunity to address things which a CO might consider to be "red flags" in your case. The theory is that the CO can't use those red flags to deny your fiancee's visa if the red flags were covered in the petition, and USCIS approved the petition. Red flags at HCM include things like being introduced by a member of your fiancee's family, and her having family members in the US, especially if any of those family members also immigrated through marriage to a US citizen.

I frontloaded my petition pretty heavily, both to address red flags, and to provide evidence of a long term relationship, multiple visits to Vietnam, and an extensive Dam Hoi that included members of my own family. I'm pretty sure it helped in our case. Phuong was asked only a few easy questions at the interview.

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
what does frontloading application mean?

I won't re-explain the meaning of frontloading as others have done that well.

My whole I-129F package was roughly over 140 pages (including forms, email & chat records and detailed timeline).

The pics showed us with her family as well as traveling to customary tourist attractions and at hotels.

The visa was approved in 90 days and she should be arriving here roughly 4 months after the petition was filed.

It was the 3rd best time for Thailand in VJ - it may have also had something to do with the fact that we are older

and that we both have long steady employment records. Those may have been of more interest than the fact that

we front-loaded, but the petition as it was presented contained all those details.

At the interview the CO commented that our paperwork was "perfect." I think we share equally the credit for that.

Wireless Road

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

Posted

No hard proof that frontloading is better than not frontloading. Also unknown whether some people

who frontloaded would have been approved anyway because they have their documents in order, and

they interview well. The biggest reason for frontloading is that you know you have the information in front of the CO. This helps because the CO will not know what evidence you bring unless your either frontloaded or your fiance is assertive enough to make sure the CO sees the evidence at the interview. The biggest disadvantage of frontloading is that you put your fiance at risk in the interview and responsible for knowing everything exactly, including the timeline. So there might be higher risk for inconsistency. Unknown whether providing a timeline when not requested helps or hurts a case (because timelines are sometimes requested when they doubt the relationship).

Some say that if you have red flags to address, you should frontload. But what if you have few negatives? It's possible that in that case frontloading might be more risky.

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

It may be that the frontloading is what helps or that the extra time spent to organize and detail the info in the filing is what helps.. if one frontloads I think they are more likely to have a better organized and more detailed filing that can only help the case get approved.. as was said, the only drawback is that there is more fuel for the CO to use when questioning the beneficiary.

"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.

Posted
No hard proof that frontloading is better than not frontloading. Also unknown whether some people

who frontloaded would have been approved anyway because they have their documents in order, and

they interview well. The biggest reason for frontloading is that you know you have the information in front of the CO. This helps because the CO will not know what evidence you bring unless your either frontloaded or your fiance is assertive enough to make sure the CO sees the evidence at the interview. The biggest disadvantage of frontloading is that you put your fiance at risk in the interview and responsible for knowing everything exactly, including the timeline. So there might be higher risk for inconsistency. Unknown whether providing a timeline when not requested helps or hurts a case (because timelines are sometimes requested when they doubt the relationship).

Some say that if you have red flags to address, you should frontload. But what if you have few negatives? It's possible that in that case frontloading might be more risky.

I've seen numerous instances where front loading "may" have prevented being on AR.

Ex.A friend of my wife was put on AR because of lack of proof of her BC being bonafide. She had a 2 late registered BC.

At the interview she did have evidence showing she was who her BC said she was but wasn't asked for it until she heard from them later. Took a couple months to get her visa. She "may" haven't had any problems if she had front loaded.

My wife was 7 years late registered also. It was to late to do any front loading and knowing what happen to her friend I told my wife to basically "jam the evidence down their throat" at the interview. I "guess" it worked as she wasn't put on AR.

It had taken a couple months before the interview to get the evidence and we "may" have been put on AR for that time.

OLD story with this process. Better to much than to little. We'd tons of emails and other and other communication records that was never even looked at. Makes for fun reading 3 years later. Also have a LARGE photo album we'd never had if it wasn't for USCIS.

Bottomline ALL thru the different stages of the process!

MORE AMJMO THE BETTER!

Start with front loading no matter what embassy.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

If you are refiling after your denial, be sure to address everything that they had issue with in the first case... this will all be part of your frontloading of the next petition... dont wait until the next interview to address the isses or explain the relationship.. put it on paper so every stage of the process sees it...

"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
If you are refiling after your denial, be sure to address everything that they had issue with in the first case... this will all be part of your frontloading of the next petition... dont wait until the next interview to address the isses or explain the relationship.. put it on paper so every stage of the process sees it...

So do you think I should refile K-1 or do a rebuttal? I haven't heard anything from USCIS yet. I filed K-1 7/08 and she failed interview 10/09 we had Dam Hoi 2 years ago and this process is extremely slow.

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

If they accused you of 'fraud' in the recent denial, then this could be a serious issue that IMO would warrant an experienced immigration atty. consultation. CSC tends to let petitions die, and VSC may not.. if they send you a NOID then you MUST respond ASAP as an accusation of fraud if not defended will be a huge hurdle in a future filing... in a nutshell, if they say its fraud and you don't argue its not.. then it goes on the DoS books as fraud...

refiling can be much easier and much faster... but the recent case does not just go away... if the recent petition dies at USCIS.. refile a K-1 after you get her on the same page as you in regards to the system and the details of the relationship... many feel that a CR-1 is the way to refile after getting married.. but if she can't get through an interview, then it would not matter anyway...

"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
If they accused you of 'fraud' in the recent denial, then this could be a serious issue that IMO would warrant an experienced immigration atty. consultation. CSC tends to let petitions die, and VSC may not.. if they send you a NOID then you MUST respond ASAP as an accusation of fraud if not defended will be a huge hurdle in a future filing... in a nutshell, if they say its fraud and you don't argue its not.. then it goes on the DoS books as fraud...

refiling can be much easier and much faster... but the recent case does not just go away... if the recent petition dies at USCIS.. refile a K-1 after you get her on the same page as you in regards to the system and the details of the relationship... many feel that a CR-1 is the way to refile after getting married.. but if she can't get through an interview, then it would not matter anyway...

Out of curiousity who conducts the interview? An American person or Vietnamese person?

Filed: AOS (apr) Country: Vietnam
Timeline
Posted
Out of curiousity who conducts the interview? An American person or Vietnamese person?

It is a DoS US Employee, but the person may not have been born in the US... many have mentioned a 'Mean' Korean lady CO and others an American man.. it varies...

"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
Out of curiousity who conducts the interview? An American person or Vietnamese person?

Consular officers are classified as "foreign service officers" by the Department of State. They must be US citizens, and at least 21 years old on the day they are assigned as FSO's. This means they WILL be Americans, but may be naturalized citizens. It's even possible a Consular Officer may have been born in the country they are working in.

I haven't seen anyone mention any CO's at the consulate in HCM being of Vietnamese origin, but this could change anytime. There are numerous Vietnamese citizens working as employees in the visa unit at the consulate, but they aren't CO's and don't conduct interviews.

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!

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

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