Vietnam K1: my story

[anonymous_vietnam 0]

I have read this board passively on and off for since the beginning of my fiancee's K1 visa in 3/2005 - and I have gone through hell and back many times from all the frustrations. This week marks the final leg of this long and difficult process.

I learned everything I needed to know and gathered all the resources I needed from this site and all the links everyone provided (and of course Google). It is invalueable and thus I would like to contribute as a token of appreciation.

I work for DHS, but despite the fact we were given 221g 9/2005. The embassy sat on our case until 12/2005 and we were contacted by USCIS in 2/2006 - "non bonafide relationship". I agree with their initial assessment because prior to our K1 application, I did not keep much "evidence" - our relationship was not a evdience gathering science expedition and we did not know about required evidence for K1.

As angry as I was, I prepared a 500-600 page (over 5 pounds worth of documents) rebuttal to USCIS. They reaffirmed my case immediately within 2 weeks (I believe I had help because I revealed the fact I worked for DHS, which USCIS belonged to).

Our case was returned to Vietnam and last week, my fiancee had her 2nd interview - and again she was rejected for the same exact reason. According to all the FAM laws I researched (thanks to all the hints you provided), I knew it was against the law. I was furious. I contacted my congressman and senator (whom are already sick and tired of me), I contacted various people in DoS and DHS in the US (including head of NVC in Vermont), I contacted the embassy. I inquired, begged, insisted and threatened. Everyone (except the embassy) eventually agreed with me - I cannot be rejected a second time for the same reason and the embassy was breaking the law, but they all claim they were powerless to help me. No one can answer the question - who enforces immigration law if it is broken by the embassy? It seems like the embassy is the only group that can issue visas.

If you are ever stuck in my situation here are two answers I found:

1. Writ of Mandamus

2. Ask the embassy to revoke your visa and contact DoS in WashingtonDC for in internal hearing

I did not like either options because the first would be expensive and take a long time and the second would drag out forever also. I was lucky enough in my research to come across Marc Ellis (Google for his contact info - its easily available). He was my third option.

I hate lawyers (apologies to any who are reading - and most sincere to Marc, whom I do not put in the same category). We hired a total of 3 - all they did was take my money, made a few comment/suggestions I already knew, and told me to quit and move on to K3 (and they all got my fiancee to hate me more). Non of them knew the law nor cared for it. If you read any of Marc's articles, you would know that is a bad idea in cases like mine. I contacted Marc and we exchanged a barrage of emails - in our conversations, I determined he was "not like the others" - he knew what I was talking about. To make a long story short - with his help he was able to rectify my case. And surprise, surprise - I was in this mess because many people screwed up at the embassy.

For those who received a 221g and want to learn from my experience:

* You must read through the FAM very very very carefully. The FAM is your friend.

* Vietnamese embassy is a mess - they will ignore you, hang up on you, make false statements (I have many documented occassions), etc... You must know the law before you deal with them or you will be trampled upon. At many times, our relationship was strained because of this - normal Vietnamese culture dictates obedience to authority because they are always right. Not this case!

* Don't pay any lawyers unless they can really help - make sure you interview them and quiz them on FAM laws. There are too many eager immigration lawyers out there who are ineffective.

* You must not give up - even if everyone is against you.

I am very sad to know the checks and balances of our government does not applly in this case - the embassy seem to wield too much power - no one, not our elected officials, not DoS, not DHS seem to be able to overrule their decision - or to rectify screwups caused by people who worked there.

I don't have any encouraging words for those who are still stuck. I only wish the best to you all and share my experience. Marc is very friendly and helpful. Thank you Marc and thank you everyone.

[anhlam 0]

Hi there,

I feel your frustration. I also brought my fiancee to the U.S. from Vietnam. And we got married recently. Here is my advise to you. Don't play the law with the consulate. They sure do understand the law. The reason why they give people a hard time is because of careful scrutiny to screen out fraudulent applications, which are quite rampant. The only thing you can do is to do exactly what they tell you to do and write short letters (not 500 pages) to call for their mercy and explain your case. Again, don't think you work for the DHS so they are afraid of you. Again, don't play law with them. you just waste your money and time. I also got some hard time, too, but I got through that by trying to explain to them everything that I could by using sincere and begging tone. It's okay.

FYI, I am a Vietnamese and a professor.

Best of luck!

I have read this board passively on and off for since the beginning of my fiancee's K1 visa in 3/2005 - and I have gone through hell and back many times from all the frustrations. This week marks the final leg of this long and difficult process.

I learned everything I needed to know and gathered all the resources I needed from this site and all the links everyone provided (and of course Google). It is invalueable and thus I would like to contribute as a token of appreciation.

I work for DHS, but despite the fact we were given 221g 9/2005. The embassy sat on our case until 12/2005 and we were contacted by USCIS in 2/2006 - "non bonafide relationship". I agree with their initial assessment because prior to our K1 application, I did not keep much "evidence" - our relationship was not a evdience gathering science expedition and we did not know about required evidence for K1.

As angry as I was, I prepared a 500-600 page (over 5 pounds worth of documents) rebuttal to USCIS. They reaffirmed my case immediately within 2 weeks (I believe I had help because I revealed the fact I worked for DHS, which USCIS belonged to).

Our case was returned to Vietnam and last week, my fiancee had her 2nd interview - and again she was rejected for the same exact reason. According to all the FAM laws I researched (thanks to all the hints you provided), I knew it was against the law. I was furious. I contacted my congressman and senator (whom are already sick and tired of me), I contacted various people in DoS and DHS in the US (including head of NVC in Vermont), I contacted the embassy. I inquired, begged, insisted and threatened. Everyone (except the embassy) eventually agreed with me - I cannot be rejected a second time for the same reason and the embassy was breaking the law, but they all claim they were powerless to help me. No one can answer the question - who enforces immigration law if it is broken by the embassy? It seems like the embassy is the only group that can issue visas.

If you are ever stuck in my situation here are two answers I found:

1. Writ of Mandamus

2. Ask the embassy to revoke your visa and contact DoS in WashingtonDC for in internal hearing

I did not like either options because the first would be expensive and take a long time and the second would drag out forever also. I was lucky enough in my research to come across Marc Ellis (Google for his contact info - its easily available). He was my third option.

I hate lawyers (apologies to any who are reading - and most sincere to Marc, whom I do not put in the same category). We hired a total of 3 - all they did was take my money, made a few comment/suggestions I already knew, and told me to quit and move on to K3 (and they all got my fiancee to hate me more). Non of them knew the law nor cared for it. If you read any of Marc's articles, you would know that is a bad idea in cases like mine. I contacted Marc and we exchanged a barrage of emails - in our conversations, I determined he was "not like the others" - he knew what I was talking about. To make a long story short - with his help he was able to rectify my case. And surprise, surprise - I was in this mess because many people screwed up at the embassy.

For those who received a 221g and want to learn from my experience:

* You must read through the FAM very very very carefully. The FAM is your friend.

* Vietnamese embassy is a mess - they will ignore you, hang up on you, make false statements (I have many documented occassions), etc... You must know the law before you deal with them or you will be trampled upon. At many times, our relationship was strained because of this - normal Vietnamese culture dictates obedience to authority because they are always right. Not this case!

* Don't pay any lawyers unless they can really help - make sure you interview them and quiz them on FAM laws. There are too many eager immigration lawyers out there who are ineffective.

* You must not give up - even if everyone is against you.

I am very sad to know the checks and balances of our government does not applly in this case - the embassy seem to wield too much power - no one, not our elected officials, not DoS, not DHS seem to be able to overrule their decision - or to rectify screwups caused by people who worked there.

I don't have any encouraging words for those who are still stuck. I only wish the best to you all and share my experience. Marc is very friendly and helpful. Thank you Marc and thank you everyone.

[anonymous_vietnam 0]

Begging was my first approach and that ended nowhere. The law is your side... I was told most of the people who work there are so ignorant (and not caring) they do not understand the law. Most of the Vietnamese nationals who work there there also have this bad attitude of "being on a power trip" which I did not appreciate.

Once my case was presented to the chief, it was realized that procedures were not followed (I was told it helped to work for DHS). The hard part was getting to him.

I played nice on the first interview and up to the second, but sometimes kow-towing don't work.

Edited October 23, 2006 by anonymous_vietnam

[anonymous_vietnam 0]

The law is very clear - you cannot be rejected twice for the same reason if reaffirmed (unless new evidence was discovered)

[Dean iWait 0]

What about marrying her in Vietnam and filing K3. Did you discuss this with Marc? I know it's not fair, but from what I have read on the subject, fighting a denial could take years. Oh and by the way many of us do know Marc, he is a member of this board and goes by Ellis Island.

[heishe 2]

It sounds like he got the problem solved.

[anonymous_vietnam 0]

problem fix is now fixed.

my fight with USCIS took about two weeks for a reaffirmation - and lining up again for a second interview. but they (embassy) disregard laws set by DoS... and ignored the reaffirmation.

i have/had no problem with my first rejection to USCIS - i admit our case was not 100% solid in terms of evidence. what i am/was pissed off about is the embassy's disregard/ignorance for law.