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Tommy Tran

Hypothetical Options & Procedures

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Hi Guys.

I was just wondering, thinking of back up plans and/or options if once your petition is denied... I'm sure there's many situation that some case may cause delay or denied.

For my situation.......

My fiance have a 2nd interview in HCM in August to submit require documents: petitioner sworn notarized statement of chronology time line and current past 10 years residential address. I'm positive the reason for this is Timeline of relationship is very short and get married very quickly such as: get married right on the first trip, one day after arriving. Sponsor must take at least 1 trip to visit the fiance/wife/husband within 18 months. There is no interruption in relationship within 6 months. Sine we're engaged one month after I went back to VN for the first time. Like most of us, we didn't plan for fate to happen but it did... Nonetheless, My only regrets is that I didn't discover VJ soon enough before I file the petition... The the course had been set, we just have to roll w/ the punches now... and take one step at a time.

I'm making last minute arrangement to visit her and support her by being there w/ her on her 2nd interview date.. I know I have better chance winning the lottery than be able to speak or convince the CO that our relationship is true. Regardless, what the our come is, I just want to be able to lived without regrets and be humble that I've done everything that I can to be there for her, to love her, and support her. Even if it have a sightliest chance to prove we have a bonafide relationship. I don't have to have to second guess and doubt myself of questions such as "what if" what if my being there could change or influential the decision approval even though of our short time period. Unfortunately, our engagement party ceremony plans month after the 2nd interview date where I don't have any supplemental pictures for supports...

Assuming after all is said and done, and being cold and scrutinized as they can as CO in HCM where they finalize decision to denied our petition.. What next from there. what do we do?

Do we re-apply (start all over again) from scratch for K-1? (I'm sure now we have address our reason of denied where we have a 1+ year relationship.. Visit fiance 3+ times, Engagement ceremony is complete).

Is there a limit time that we can apply for K-1? Would they review our 2nd petition knowing our 2st was denied?

Or do we file as different type?

At this point in my life, the time yearning to be together is indescribable. Financial is not a problem for me, as I have a good career, but the time we're apart missing each other is brutal..... My one and only goal is able to bring my fiance to the State asap..

Thanks everyone for the help / insight..


Tran Quoc Tho

Event Date

I-130 Sent : 2010-11-27

I-130 NOA1 : 2010-12-09

I-130 RFE(s) : None

I-130 Approved : 2011-04-21

NVC Received : 2011-05-04

Received DS-3032 / I864 Bill: 2011-05-10

Paid I-864 Bill: 2011-05-12

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Bring any documents that can support your case( letters back and forth, western union receipts, phone records) I would suggest being prepared for next step if she fails, afterall if she passes then great. If she fails next interview then get married before you come back and file for a spouse visa not the fiance visa. At least you can claim her as a tax dependant and it shows that the relationship is real. It will be tough to overcome the short timeline but you have a chance at overcoming this on 2nd interview. If they send it back with a denial then you are back at the beginning. Good Luck, but be overly prepared.

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It is uncommon for the second appointment to be an actual interview... usually just a date to drop off the docs and either pink, AP or denial... just remember that it will happen when the CO is ready to approve it.. not before.. in some cases it takes a second time through the system to get approved...

"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.

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Scott is right that this will not be an interview. Simply a drop off of docs and hopefully a review then and there. In our case the CO looked over the info (more correspondence and info about my ex-wife's domicile) and issued the pink sheet.

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


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

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