Can you refile right away after a denial?

[pizzi 0]

Hello everyone! I joined the forum about a week ago and been reading like crazy lol. Everyone is very helpful and informative. As for right now I have a a few questions I would like to clarify. Without going into too much details this is my story and then if you need more info to answer a question I can answer them as we go. I have alot of evidence of us being together. We talk and chat everyday and I have all logs. Please share your advice and wisdom with me. Thanks!

1. Is knowing each other in a short time period a bad thing?

I met my gf in 11/11 my dad came back from VN with her phone number and introduced us. We hit it off and I went back to VN in 2/12 and stayed for 2 weeks. Now I want to do a K1.

2. I have read through the engagement thread and still do not know if its worth taking a risk with no engagement party.

Can I provide signed letters of permission from both parents?

3. Despite what I read on here, I actually heard a lawyer in VN saying if a K1 gets denied, there will be a long waiting period like 1-2 years before I can refile? I dont know if this is just for VN or what?

I think these are the 3 most important questions I have right now. I want to know everything before I file or I should wait to go back and get marry next year. Thanks for your help guys and gals.

[luckytxn 2,263]

Hello everyone! I joined the forum about a week ago and been reading like crazy lol. Everyone is very helpful and informative. As for right now I have a a few questions I would like to clarify. Without going into too much details this is my story and then if you need more info to answer a question I can answer them as we go. I have alot of evidence of us being together. We talk and chat everyday and I have all logs. Please share your advice and wisdom with me. Thanks!

1. Is knowing each other in a short time period a bad thing?

I met my gf in 11/11 my dad came back from VN with her phone number and introduced us. We hit it off and I went back to VN in 2/12 and stayed for 2 weeks. Now I want to do a K1.

2. I have read through the engagement thread and still do not know if its worth taking a risk with no engagement party.

Can I provide signed letters of permission from both parents?

3. Despite what I read on here, I actually heard a lawyer in VN saying if a K1 gets denied, there will be a long waiting period like 1-2 years before I can refile? I dont know if this is just for VN or what?

I think these are the 3 most important questions I have right now. I want to know everything before I file or I should wait to go back and get marry next year. Thanks for your help guys and gals.

I think you better slow down and get to know the girl longer before wanting to commit lifetime. May I ask how old you are?

[Penguin_ie 5,986]

1. It is a red flag, but can be overcome with visits and lots of bonafide evidence.

2. From my understanding a Dam Hoi is really, really important in Vietnam, especially with your family being from there too.

3. You can re-file immediately, but there is no point unless you can rectify the reason for the previous denial. The lawyer may have said that because if the denial is for lack of bonafide relationship, then the best way to overcome that is to talk lots and make several visits, which takes time.

You mention your father giving you the phone number. How did he get it? Is your fiancee distant family or the daughter of a business friend or similar?

[tcTTct 37]

The letters of permission doesn't mean jack to the consulate. From previous collective VJ VN experience this combination is not a recipe for a successful K1 application:

- introduced by a family member

- no Dam Hoi

- one meeting

- short relationship

Why would you risk a denial so you can refile?

As for the relationship itself, you need to give it some time to get past the "cuoi Viet Kieu" phase.

[quann 26]

i don't think you've filed yet correct? as there wouldn't be enough time to do it. it's funny to say you have alot of evidence of you guys being together...for a grand total of about 3-4 months. we'll tell you what your dad should've...spend more time getting to know the girl if it's a bonafide relationship. right now if you file it looks more like a cash grab.

[jac_chappin 24]

Op - I agree with everyone on here. Your case would most likely get denied based on you situation. Given that your dad introduced you and no Dam Hoi, red flags will be raised.

I'd say slow down and get to know your GF. In my case I waited a year to get engaged with my fiancée ( wife now).

Best wishes!

[JimVaPhuong 4,863]

1. It is a red flag, but can be overcome with visits and lots of bonafide evidence.

2. From my understanding a Dam Hoi is really, really important in Vietnam, especially with your family being from there too.

3. You can re-file immediately, but there is no point unless you can rectify the reason for the previous denial. The lawyer may have said that because if the denial is for lack of bonafide relationship, then the best way to overcome that is to talk lots and make several visits, which takes time.

You mention your father giving you the phone number. How did he get it? Is your fiancee distant family or the daughter of a business friend or similar?

This, except for the highlighted part. You can't have two of the same type petitions active from the same petitioner for the same beneficiary at the same time. The first petition has to be put to bed first. If it goes to CSC and they just let it expire then that resolves the issue. If it goes to NVC and they decide to readjudicate it then you're stuck until they make a decision, which is why some people say you may have to wait a couple of years. That's why many people in that situation just marry and file an I-130. It's a different type of petition so it doesn't conflict with the returned I-129F.

Anyway, very short relationship, only one trip to Vietnam, no Dam Hoi. Sounds like a recipe for disaster. Getting married on the second trip isn't going to help matters much. Some people have similar circumstances and manage to get the visa. I haven't been keeping track of the statistics, but I'd guess most aren't that lucky.

pizzi, take another trip and get to know your fiancee a lot better. When you come back then you and her can spend your time planning your Dam Hoi and saving your money. Buy your dad a ticket back so he can be there to represent you. Hire a professional photographer to record everything, and rent a really nice place for the party. Invite as many people as possible. A hundred or more would be great. File your petition after your third trip.

[pizzi 0]

I think you better slow down and get to know the girl longer before wanting to commit lifetime. May I ask how old you are?

Im 36 she is 26.

1. It is a red flag, but can be overcome with visits and lots of bonafide evidence.

2. From my understanding a Dam Hoi is really, really important in Vietnam, especially with your family being from there too.

3. You can re-file immediately, but there is no point unless you can rectify the reason for the previous denial. The lawyer may have said that because if the denial is for lack of bonafide relationship, then the best way to overcome that is to talk lots and make several visits, which takes time.

You mention your father giving you the phone number. How did he get it? Is your fiancee distant family or the daughter of a business friend or similar?

She is a daughter of my dad's friend.

The letters of permission doesn't mean jack to the consulate. From previous collective VJ VN experience this combination is not a recipe for a successful K1 application:

- introduced by a family member

- no Dam Hoi

- one meeting

- short relationship

Why would you risk a denial so you can refile?

As for the relationship itself, you need to give it some time to get past the "cuoi Viet Kieu" phase.

- introduced by a family member------ Can you explain why this can be a problem, when traditionally Vietnamese customs were full of arranged marriages. All he did was gave me her number.

- no Dam Hoi------ I know this can be a problem since Im also Vietnamese.

- one meeting----- I think I can over come this.

- short relationship----- I know this can be skeptical to all.

i don't think you've filed yet correct? as there wouldn't be enough time to do it. it's funny to say you have alot of evidence of you guys being together...for a grand total of about 3-4 months. we'll tell you what your dad should've...spend more time getting to know the girl if it's a bonafide relationship. right now if you file it looks more like a cash grab.

I have not file. I just want to see how everyone feels.

This, except for the highlighted part. You can't have two of the same type petitions active from the same petitioner for the same beneficiary at the same time. The first petition has to be put to bed first. If it goes to CSC and they just let it expire then that resolves the issue. If it goes to NVC and they decide to readjudicate it then you're stuck until they make a decision, which is why some people say you may have to wait a couple of years. That's why many people in that situation just marry and file an I-130. It's a different type of petition so it doesn't conflict with the returned I-129F.

Anyway, very short relationship, only one trip to Vietnam, no Dam Hoi. Sounds like a recipe for disaster. Getting married on the second trip isn't going to help matters much. Some people have similar circumstances and manage to get the visa. I haven't been keeping track of the statistics, but I'd guess most aren't that lucky.

pizzi, take another trip and get to know your fiancee a lot better. When you come back then you and her can spend your time planning your Dam Hoi and saving your money. Buy your dad a ticket back so he can be there to represent you. Hire a professional photographer to record everything, and rent a really nice place for the party. Invite as many people as possible. A hundred or more would be great. File your petition after your third trip.

"Getting married on the second trip isn't going to help matters much"---- Can you explain?

[pizzi 0]

Thanks everyone for their input. I know that everyone thinks Im crazy and rushing into things, I agree I am. We want to be together. As far as how can you love each other so fast and all of that, all I can tell you is that, we just know. Im not blind or deaf to whats been going on around me so I know what to look for. The most important thing to me is that she is from a respected Catholic family. Her parents go to church everyday. Her brother is studying to be a priest. Her aunt is a nun. Their family is not rich but they make a decent living. I feel she does not need to come here. etc... But it just sad how you have to prove your love to some stranger sitting in the office rather than to each other when you want to be together. I dont think im going to file since the odds are all against me. Thanks again

[tcTTct 37]

pizzi - in a perfect world, we wouldn't need to have to prove our relationship to anybody. But when you are trying to sponsor someone through a high fraud consulate, you have to make sure that you stand the best chance possibl of success. The COs go through a bunch of cases everyday, and every case claim that they are genuine, their love is profound etc. Given our people's track record - just walk into any hairdresser in Little Saigon and ask them to introduce you to someone who may want to pay to get over here - I'm glad the COs go through this vetting process to at least try to keep the bad apples out.

The biggest thing with the HCM consulate is that you have to prove that it's a bonafide ongoing relationship. That's why you should make multiple visits and have a proper Dam Hoi etc. If I were a CO I would question why a good catholic family would just let their daughter go to the USA with some guy without any committment. "Mat mui" is a big deal in Vietnamese society.

[tcTTct 37]

- introduced by a family member------ Can you explain why this can be a problem, when traditionally Vietnamese customs were full of arranged marriages. All he did was gave me her number.

Because one of the most common methods of immigration fraud from VN is someone saying to his friend "I have a sister/cousin/niece etc in VN, can you help me bring her over? It'll be worth your while"

[quann 26]

prove your love? that's a joke right? do you even know what love is after a 3 month courtship where maybe you "see" her an hour or two a day? sorry to sound harsh but you knowingly put yourself in this situation. if you know it's true love like you claimed then you won't mind putting out the effort to make it happen.

[ScottThuy 140]

Because one of the most common methods of immigration fraud from VN is someone saying to his friend "I have a sister/cousin/niece etc in VN, can you help me bring her over? It'll be worth your while"

A friend offered me 30k to bring a relative here and divorce after she got her papers..... I said I love my wife, why would I do that.. his response The $$$$$$ it happens every day... sad but true...

[Jake & Phuong 0]

Please listen to everyone's suggestion here. You need to invest your time and $$ into your relationship because filing K-1 is not that easy as you read from NVC website. I rushed into things thinking our relationship is legit and ended up getting denial on K-1 and approval on CR-1 a year later. We had DAM HOI 4 months after we met and WEDDING 1 year later. I took six trips to VN to be with my wife and had hundreds of pictures and tons of proofs. I almost had heart attacks on both days of her interviews.

Take your time (it's very hard to do and I don't know how we did it) but nothing is worst than receiving a blue paper saying your relationship is a sham. Time will also test your commitment to each other, and if you both are in love, you can wait and do it right. GOOD LUCK MY FRIEND.

[JimVaPhuong 4,863]

"Getting married on the second trip isn't going to help matters much"---- Can you explain?

There's a common misconception that being married increases your chances of being approved. This misconception comes from a misinterpretation of events at the consulate in HCMC. Many people in Vietnam have family or friends who were denied a K1 visa, and subsequently approved a CR1 visa. They interpret this to mean that the odds of getting a visa improve if you get married. The reality is that the odds improve every time you return to the consulate for another interview. The fact that many get approved for the CR1 the second time has nothing to do with the fact that they are married, and everything to do with the fact that they have another year's worth of evidence by the time they have the second interview. The odds of approval the second time would have been the same if they were trying again for the K1 visa.

You also have to consider that the consulate is going to judge the relationship using their unique interpretation of the "reasonable person" standard. To the consulate in HCMC, a reasonable person is an 80 year old Vietnamese grandmother who still believes strongly in the old traditions. This means that they expect the marriage to be discussed within the family long before the formal engagement, and the formal engagement should happen long before the marriage. You suggested skipping the entire courtship and going straight into the marriage. Nothing you do AFTER the marriage can make up for the fact that there wasn't anything resembling a traditional courtship BEFORE the marriage. In other words, you're crossing the bridge and burning it behind you while there is unfinished business on the other side. You can't ever go back and finish that business, and the consulate CAN hold that against you.

You have the benefit of foreknowledge and the time to do things in a way that will stack the odds in your favor. The extra time and effort will seem well worth it when your fiancee walks out of the consulate with an approval after an easy interview.