New to everything

[luckytxn 2,263]

Thanks, that is what I am trying to find out. I have heard that K1 visas can take as little as 6 months, maybe not for VN, I don't know. I have been reading a lot of threads on this site and it is hard to sort everything out so I do appreciate people taking the time to answer my questions.

I guess what I am wondering is what are the consequences if they do deny the first application? Can I re-submit? Would it cost a lot of time? Does everyone here think I should wait 6 months, take another trip to VN, have the Dan Hoi and them apply?

We can't make this decision for you and only you can. We can give advice which we have given. From the little we have heard so far you have a weak case and need to strengthen it a lot to be successful. This forum has a lot of info in it and you need to peruse it. Almost anything you can ask has been done before. If your babe is pressuring you and you are gung ho on starting this now then trust me you need to cool your jets and study what is needed. You are in a good position right now as you can do this right and gather a strong case that will increase your chances many fold. Many that come here have not done anything to help themselves and they find out they are weak chances. You are now weak. Make yourself strong.

[luckytxn 2,263]

That was the point I was making. I (like Lucky) didn't have a full blown Dam Hoi, but have tons of other evidence and numerous month long visits that compensates. I would hope that the OP makes a few more visits and takes a lot of photos with the family. The Dam Hoi is a good thing, but I wouldnt hinge my whole case based on that.

Another matter is how the CO defines a Dam Hoi. As mentioned earlier I didn't go through the complete traditional process, but completed enough of it that the family was happy. If the Fiance's family is acceptable with what was held, why would the Non-Viet CO question it? Is there a "Dam Hoi" criteria checklist the CO uses to decide if a Dam Hoi was held?

Stop worrying so much about your dam hoi. You did good and should be no problem. Cover the other details you will need. Make sure your babe knows everything about you that is possible to know. That will make the interview easier. They can ask anything so get her prepared. Also keep gathering relationship info such as copies of emails and letters and anything of that sort. If you send her money keep the receipt. Good luck.

[JimVaPhuong 4,863]

I see your point. What I'm saying is how would a Non-Viet judge the validity of a Dam Hoi ? What type of evidence? I have the same basic evidence as anyone else that had the full blown Dam Hoi. I have restaurant bills, pictures of entire extended family eating and drinking in celebration, have photos of the engagement "request" ceremony with myself and her parents/granparents (family Alter in background), I have signed statements from both parents/grandparents that I formally asked for engagement, was granted acceptance, and am formally recognized now as family. I have professional engagement photos with she in Ao Dai/Formal wedding dress (with ring), etc... My point is whats left out that disqualifies this as a Dam Hoi?? Yes, some of the ceremonial procession and other minor details were left out, but is the CO really going to split hairs over what is and what is NOT a Dam Hoi?? Is there some type of government official that "certifies' the Dam Hoi as official ?

Don't take this the wrong way, I fully support those that had a full blown Dam Hoi and encourage others to do the same. I am just saying that in my case we dispensed with some of the formalities but still filled all the major (and provable) squares. In her families eyes the important Dam Hoi ceremonial steps were accomplished.

The CO is going to look at the pictures and maybe ask a few questions about the Dam Hoi. That's all. There is no absolute right way to have a Dam Hoi, and the CO knows that. The customs even vary from one village to another. Some things are common throughout the country, though, and they look for those things. Involvement of both families, especially if the USC is Viet Kieu. A big party is also key. The Dam Hoi serves as both a formal agreement to marry, and an announcement to the rest of the village that the couple are now "off the market". An announcement like that isn't made to a small group of people.

Here's a fairly recent case of someone who was denied, after nine months in AP, with circumstances very similar to the OP's.

http://www.visajourney.com/forums/topic/317542-k1-file-return-to-uscis-for-possible-revocation-or-denial/page__view__findpost__p__4759527

They cited the lack of a Dam Hoi on the denial slip. Here's is the quote from the post by "US VN" (I'm sure the grammatical and spelling mistakes were his):

Beneficiary and-or Petitioner submitted no evident of any engagement celebration. This is contradict the cultural norms in which many members and friends, including those in the US are invited to engagement celebrations numbering in the hundreds of guests for families of even modest means. Together with other factor, this has been established as on the key elements of a sham relationship to evade US Immigration laws.

And regarding filing after the first and only meeting:

In contrast to Vietnamese social and cultural norms which mandate a lengthy and careful period on pre-nuptial arrangements, Petitioner and Beneficiary became engaged within two weeks on meeting in person.

The consulate has been around long enough to know what things indicate a legitimate relationship in Vietnam, and what things indicate a couple going through the motions and doing the minimum required just to get the visa.

[vngator 0]

Agreed. vngator, you need to really wrap your head around the immigration process and specifically HCMC.

Applying now will not get her here by April.

Submitting your petition soon, making the trip in April where you can have a Dam Hoi, and spending more time together is a realistic plan.

Resubmitting costs more time and money. Slow down a bit, build a good case, and your chances of approval on the first try improve greatly.

Thanks, this idea sounds like a good compromise. If the Dam Hoi was in April when do you think the right time to start the process would be? If i applied in January would that allow me enough time to have the Dam Hoi before the interview or do you think I should wait longer?

[VinceN 25]

Thanks, this idea sounds like a good compromise. If the Dam Hoi was in April when do you think the right time to start the process would be? If i applied in January would that allow me enough time to have the Dam Hoi before the interview or do you think I should wait longer?

I don't how much sense it would make to start applying a visa for your "fiancee" when she is not even your fiancee yet, she is not your fiancee until the dam hoi. That's just the technical aspect of it, whether it would a make difference I have no idea, but it's something I wouldn't risk.

You seem to be rushing this, that's not a good thing. I know everybody's timeline differs from one to another, but I'll give you our timeline so you can get at least an idea. Damn hoi on 6/19/10, filed on 7/07/10, Visa in had by the end of March 2011.

[Mozzer1972 7]

HCMC is a difficult consulate and there is alot of fraud. I think it is a good idea to have a very strong front loaded application before sending it in. However, I did not have an official Dam Hoi but I had 3 trips prior to submission and then a total of 5 trips by the time she received her interview. We were really worried about the Dam Hoi coming up at the interview but they never questioned it. Others have been denied for not having a dam hoi or by the CO not thinking the Dam Hoi was real.

I think the point is to try to cover all your bases by anticipating the worst from HCMC. It sucks waiting but it would be worse to get stuck in AP for a long, long time.

Best of luck to you and make your case as strong as possible.