Visa Refused (221g)

[3AD 0]

I've not been on VJ in a while, but here's our story. Fiance had her interview yesterday.

We had a rock solid app going in. Marc Ellis (EllisIsland) is representing us. Everything in order, organized, all financials, even had a job offer. Everything notarized, organized, etc.

As usual, first person at embassy my fiance dealt with is very rude. As soon as she handed the clerk our paperwork the clerk snapped back and said "Where's this? Why don't you have this? Didn't you read the letter?" OK folks. Here's the deal. I had everything, I mean EVERYTHING they asked for. I spent over 20 hours putting the documents together. I am totally ####### about details. Absolutely everything was in the precise order that they asked for according to Packet 4 instructions. My fiance had to tell the clerk three times that everything was there. The clerk finally realized that we did have everything and reluctantly shut up, only after taking apart my neatly organized application and shuffling stuff around, throwing stuff back at my fiance, ignoring my cover letter that explained the contents and our situation.

First interview was unfortunately with another Vietnamese. This person just asked routine questions "Where did you meet, how many times has he been here to visit, etc. etc.?" in Vietnamese language. Took notes, took the paperwork and asked my fiance to wait again.

Hours of waiting and then an interview with (finally) a U.S. citizen consular officer who was very nice. She was a woman, probably around 25, who didn't look at any travel receipts or correspondence. Asked the routine questions, including how we communicated. My fiance said many ways, including chat, email, etc. CO said show her those evidences. Asked about my visits. Since I lived and worked in Vietnam for long periods, there was confusion over my "visits" (which were actually for work as well as to see my fiance). The CO was very polite, asked to see a few pictures, flipped through 40+ pages of correspondence (letters, email, phone records) but didn't scrutinize too carefully. Looked at job offer letter for my fiance (which was from my maternal aunt who owns a salon). Asked about my line of work (I'm PhD student in business, there was some discussion about that). Very candid conversation, a little joking, a little "girl talk." CO asked if my fiance was pregnant and my fiance said yes. CO asked how far along and my fiance told her six months. Asked if boy or girl. We have a little girl on the way. CO smiled, said congratuations about that and then handed her a blue slip (form 221g). Got up, went to lunch and my fiance had to leave.

The 221g does not have any reasons listed on it, although there are places for that. My fiance returned to the embassy after their lengthy lunch break and the Vietnamese girl at the window told her to come back after she had her baby and fill out paperwork for American citizenship for the child. They kept all documents except for correspondence (proof of relationship) and travel receipts, which they gave back to my fiance.

I'm stumped. No explanation on 221g leaves me nowhere but stumped. Marc, my attorney, will be back in Vietnam in a few weeks and we'll hopefully get things straightened out.

I guess I'm in "AR" (Administrative Review)?

I'm upset. Not so much over our 221g, but the lack of courtesy from people who are State Department employees. When I've called before, they are very rude, condescending, etc. Typical Vietnamese style (remember, I've lived and worked there) of someone in "power" dealing with someone who needs their help. This is not the level of customer service taxpayers should be getting.

Don't know if this story will help anyone. But by the way, the embassy does not consider co-sponsors according to my attorney and many others I've talked to recently. They do, however, look favorably on legitimate job offers (which they asked questions about in detail). I just had that as backup (including all relevant business tax returns, letterhead, bank officer letters, etc.). Although my salary is low as a doctoral student, I've got significant funds in the bank and am a designated principal in a long-term successful business (had all documentation for that, business license, bank letters, financial statements, cashflow, etc.). I don't think the financials were an issue.

We'll see. It's a mystery. My fiance is sitting on a bus right now for the 8 hour ride back home. I'll update when I can.

Best to everyone.

3AD

[STL_HCMC 0]

Hi 3AD,

Sorry to hear this. What you can be sure of, is that there is an excellent resource of people here on VJ to support you and for you to bounce ideas off of in addition to your lawyer.

I wish you both the best of luck, strength and patience to get through this!

STL_HCMC

[3AD 0]

Hi 3AD,

Sorry to hear this. What you can be sure of, is that there is an excellent resource of people here on VJ to support you and for you to bounce ideas off of in addition to your lawyer.

I wish you both the best of luck, strength and patience to get through this!

STL_HCMC

Thanks STL. I think we'll be able to work our way out of this. I appreciate your encouragement. The biggest downer is that we have a small window during which she could travel before becoming too close to delivery date. Now that's probably out of the question so I will not be around for my daughter's birth since it will happen in VN during which time I'll be teaching here at the university in U.S. :-( Anyway, we'll keep our heads up.

Best,

3AD

[MaryandMian 1]

3AD sorry to hear that you are in the dark with your AR/AP and know exactly how you are feeling. I will say that after our 5 months of being in the dark my husband was issued his visa. We had all documents and when he interviewed we were told all was fine just needed some more processing and our 221g was marked for processing.

I called DOS and they never had any updates from the embassy so they do not have any information that they can tell you. I know from December 12, 2005 until May 2006 all they could say is that the case was in AP without details. Then when I called one day they said my husband had a letter mailed to him and he did not have it yet. It was for him to return to the embassy to issue the visa.

So hang in there, take the journey one day at a time and as STL says pray for patience.

Mary

[martindart 0]

My hat is off to you Sir.

Never give up

[sealedkiss 1]

Now that makes me VERY sad. I've been preparing for my K1 application, haven't even sent it in yet, and this news really hit me.

I sincerely hope HCMC Consulate excercise more fairness in this process, for you two's sake, for ours, and everyone else longing to reunite with their loved ones. A true long-distance relationship has enough challenges in itself, and sometimes it's just so overwhelming to think about the visa journey ahead...

Best regards,

sealedkiss