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Tommy Tran

Help - Next Step After Denied

By Tommy Tran in K-1 Fiance(e) Visa Process & Procedures

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Tommy Tran Contributor

Tommy Tran   0

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

Hi Everyone.

Just got back from Vietnam. My fiance and I met one year ago. We file for K-1 petition for Vietnam. Recieve NOA 1 + NOA 2 on average time. Fiance went to first interview, recieve BLUE requesting notoray chronology timelime resubmission. I flew back to VN to go to the consulate for resubmission, after 4 hour wait, recieve WHITE - denied.

Reason: lack of formal tradition enagement ceremony, & less than 3 trip visit to VN.

I have visit VN 2 time now, and our engagement ceremony schedule for september 26 (which will be my 3rd visit)... I tried to explain to them that but reasoning w/ them is impossible. They said our case will sent back to NVC.

Question: What do I now?

Do I:

1. Appeal? if so, how/when?

2. seek consular review? if so, how/when?

3. cut our loss and file new petitition? if so, now or after engagement w/ pictures?

4. arrange for engement and wedding in same month and file for CR-1 (screw K1)?

5. which is better CR-1 or K-1? length of wating, procedure, restriction, cost, and guide line diiference?

I'm physically and mentall exhausted from this whole process and willing to do everything/anything to bring my fiance to the state.... please help w/ your insight.

My only regrets thru this whole journey is not able to discover VJ Forum before I've submit 1st K-1 petition?

Thank You so Much

~Q.T.

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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  • 1 month later...
tdn818 Rookie

tdn818   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Sorry to hear.

My fiancee just got denied as well and I'm looking on what to do next.

Some questions that stumped my fiancee...

What's the name of your fiance's supervisor?

What's the name of a colleague at work?

What's the name of a neighbor ?

They said the pics we provided only showed we met only 2-3 times. She provided lots of pics and proof that we have met from 2006-2009. We even had pics from 2006. We also provided plane ticket stubs with both are names in 2008 and 2009, calling card records, email, chat, texts from my cell, several FedEx receipts etc.

We had all the paperwork but never knew the interview could be so hard.

More to come...

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Ryan H Grand Master

Ryan H   3,790

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

Bummer news, sorry to hear that.

4. arrange for engement and wedding in same month and file for CR-1 (screw K1)?

5. which is better CR-1 or K-1? length of wating, procedure, restriction, cost, and guide line diiference?

I know there is an appeals process, but there are other members who are more knowledgeable about it so I will defer to them. I know the petition will snake its way back to USCIS, you will want the USCIS to affirm your current one. You can then withdraw because I suggest you just marry your fiancée in Vietnam and file for CR-1 (yes screw K1).

Wait times for K1 and CR-1 are about the same. CR-1 costs less, no adjustment of status (AOS) with CR-1 as a green card is issued on arrival. When the form you file for CR-1 (I-130) is approved by USCIS and sent the NVC; NVC will ask for certain documents. Here is the VJ Guide for the CR-1.

I'm physically and mentall exhausted from this whole process and willing to do everything/anything to bring my fiance to the state.... please help w/ your insight.

I know how you are feeling. I had not even submitted the I-129F and was feeling beat down because I was feeling behind in the game and overmatched, even though our case is very straightforward. To make a long story short, the K1 process wasn't working for us so a new course was charted.

Good luck to you as you go forward.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted (edited)

...

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Sorry to hear.

My fiancee just got denied as well and I'm looking on what to do next.

Some questions that stumped my fiancee...

What's the name of your fiance's supervisor?

What's the name of a colleague at work?

What's the name of a neighbor ?

They said the pics we provided only showed we met only 2-3 times. She provided lots of pics and proof that we have met from 2006-2009. We even had pics from 2006. We also provided plane ticket stubs with both are names in 2008 and 2009, calling card records, email, chat, texts from my cell, several FedEx receipts etc.

We had all the paperwork but never knew the interview could be so hard.

More to come...

Instead of resurrecting threads that are more than a month old, you should post your story and any questions or comments you might have in the Vietnam regional forum. There are plenty of people there who have been through the process in HCM.

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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