K1 Visa Rejected Due to Lack of Evidence of Relationship (Vietnam)

[Andreams 5]

I'm sorry to hear about the trouble you both have. I am just weeks away from having my own interview. I want to give you some ideas of the things that I've been collecting extensively to proof our relationship.

• Slack or any other online chat platform - conversations on there of everyday things, pictures we share, links to locations we would both love. The key phrase here is "everyday things." They can read through it all if they want. It's sometimes very personal, sometimes funny, and even sad what we share, but it's real and there is no denying it when they read through it.
• History of video chats. I'm not sure if you are able to video chat with each other all the time. We do several times a day, and FaceTime (Apple) keeps a history. I take a screenshot of my call history every couple of months, which is pretty much all from the two of us, sprinkled with some calls to my parents. They can see how often we talk to each other (there is a date and time stamp)
• Letters, emails, and greeting cards not only between us but also between each other's parents. I think that shows the sincerity of our relationship as well. 
• Receipts for restaurants, museums and such - this is more for the time before, when you were still able to visit each other. Anything that shows that you were together 

I hope this helps you and others. I already collected over 50 pages of this since we first applied over a year ago, and I'm still going until the day of my interview. 

Best of luck, and don't give up. You both will do this!

[Pandora Gadomski 22]

On 11/19/2021 at 3:38 AM, daniel_and_lily said:

To me the really frustrating thing is them saying she didn't bring enough evidence when they didn't even look through what she brought.

I'm filing an AOS for my husband and I just received an RFE. The thing is, the evidence they requested I already submitted!. Similar to your fiance, I was up all night for weeks preparing this extensive application and its monumental documentation.  I totally feel her frustration and pain with that one

[poh 124]

On 11/18/2021 at 5:12 PM, daniel_and_lily said:

After waiting since April due to covid, my fiance finally had her interview today and was rejected. We have met 5 times prior to covid and haven't been able to be together for over 1.5 years due to covid. The interviewer said they did not have time to look over the paperwork, and in the same breath told my fiance that she didn't bring enough evidence to support our case that we have a "bona fide relationship". It's very very unclear to me how we can provide more evidence supporting our relationship when the time wasn't taken to review the material that we brought in the first place. How can we have any chance to win on this?  They asked her if I was present (which clearly I was not) and it's not possible to go to Vietnam currently because they're still closed from covid. That seems like a really stupid question to even ask her since they've been closed since March 2020. 

Did you submit pictures together and her family when you did travel to Vietnam? How about screen captures of chats between you? These would helped as supporting documents

It's unfortunate you couldn't be there due to covid. It's just bad timing to apply and for an interview. 

[poh 124]

On 11/20/2021 at 9:23 AM, daniel_and_lily said:

I typed up the OF-194 form to make it easier to read for anyone who is curious

 

OF-194_ R2-A blue refusal.pdf 58.16 kB · 20 downloads

Yeah,This is the "blue paper" you don't want to get.   It's generic letter asking for more information.  This is very unfortunate.😞.  I actually had some of the information listed here prepared to submit on the interview day but they didn't take it. I recall in an old posting some person had to submit it so I just prepared it but never needed it.  Best thing you can do is provide what they ask and hope for the best.  Worst case apply again when travel restrictions are lifted and easier to travel freely.   If you are unsure about the k-1 process and it's requirements you should check old posting from people who passed the interview for tips.  There's lots of useful information on this site.  

Edited December 16, 2021 by poh

[Allaboutwaiting 2,500]

@daniel_and_lily The blue form asks for information on your former spouse, including immigration history. Is your ex wife an immigrant and were you the sponsor? 

If that's the case, that would bring even more scrutiny over your relationship. 

Edited December 16, 2021 by Allaboutwaiting

[daniel_and_lily 40]

1 hour ago, Allaboutwaiting said:

@daniel_and_lily The blue form asks for information on your former spouse, including immigration history. Is your ex wife an immigrant and were you the sponsor? 

If that's the case, that would bring even more scrutiny over your relationship. 

No, and like I've mentioned, the blue form is a generic form they hand out to just about anyone. So don't read much into that.

[Jeffry Hardy 6]

On 11/18/2021 at 9:44 PM, Jorgedig said:

They are not required to consider additional evidence brought to the interview.  That is why, for high fraud consulates, "front-loading" petitions is considered critical.

 

The inability to visit each other due to COVID is not something they would take into consideration.  They would say that you could have visited each other in a third country.

 

At this point, I would say you're better off just trying to marry in a third country and filing for a spousal visa.

 

I'll tag a senior VJ member who has a lot of firsthand knowledge about the HCMC consulate:  @aaron2020

 

Best of luck.

Depends on who handle your K1 petition, are you the one who handle the process your self or lawyer?? Because if your process was handle by lawyer they will instruct u all the documents u need to take along just as my lawyer guard me

[SalishSea 16,770]

4 hours ago, Jeffry Hardy said:

Depends on who handle your K1 petition, are you the one who handle the process your self or lawyer?? Because if your process was handle by lawyer they will instruct u all the documents u need to take along just as my lawyer guard me

Not true, based on what we see here on VJ.  Lawyers often cause additional delays and expenses.  VisaJourney is a DIY site, and most of us have done our entire processes without paid legal help.

[LostRonin 22]

Exactly. Everything you need is right here. I was on here for months before filing and the whole process even with the “dreaded” HCMC consulate has been a breeze. 

[trucphong 24]

@daniel_and_lilyYou now can fly to Saigon without quarantine at facility or hotel. You need to stay at home for three days and if you have negative test then you can go around. You dont need to be on business visa to travel in this time. As far as I know there is only Vietnam Airline that are allowing to fly to Vietnam. Unfortunately, the ticket is expensive. One way from SFO or LAX is near two thousand dollars to Vietnam and it will cost you another one thousand dollars to fly back to US. Note that these flights are non stop flight. 

Edited January 4, 2022 by trucphong

[daniel_and_lily 40]

1 hour ago, trucphong said:

@daniel_and_lilyYou now can fly to Saigon without quarantine at facility or hotel. You need to stay at home for three days and if you have negative test then you can go around. You dont need to be on business visa to travel in this time. As far as I know there is only Vietnam Airline that are allowing to fly to Vietnam. Unfortunately, the ticket is expensive. One way from SFO or LAX is near two thousand dollars to Vietnam and it will cost you another one thousand dollars to fly back to US. Note that these flights are non stop flight. 

no you can't. i'm in cambodia for the last month to see her. We've been keeping a close eye on this. they're only letting family fly.

[rraypo 3]

On 12/25/2021 at 7:05 PM, Jorgedig said:

Not true, based on what we see here on VJ.  Lawyers often cause additional delays and expenses.  VisaJourney is a DIY site, and most of us have done our entire processes without paid legal help.

You are absolutely and totally correct.  I have helped a number of couples AFTER high priced legal firms completely screwed up documentation, filings, forgetting to apply for children, not including proof of relationships, prior divorce documentation, etc. Never put all of your trust in anyone else, you have to be on top of this too.

[Rocio0010 5,562]

4 minutes ago, rraypo said:

You are absolutely and totally correct.  I have helped a number of couples AFTER high priced legal firms completely screwed up documentation, filings, forgetting to apply for children, not including proof of relationships, prior divorce documentation, etc. Never put all of your trust in anyone else, you have to be on top of this too.

Amen to that!!! I have seen countless of attorneys making BRUTAL mistakes.

[rraypo 3]

On 11/29/2021 at 2:13 PM, Pandora Gadomski said:

I'm filing an AOS for my husband and I just received an RFE. The thing is, the evidence they requested I already submitted!. Similar to your fiance, I was up all night for weeks preparing this extensive application and its monumental documentation.  I totally feel her frustration and pain with that one

I have been told, as each case is gone through, they actually and physically spread ALL of your documentation out on a big table.  Then, using a check list, they simply check off the inventory boxes as they go.  If any of these people feels something is missing, or incomplete, they do not check off the box on their check-list. This is how they generate their Request for Evidence (RFE), and why it takes so long for them to get back to your file after you submit whatever it is they request. 

[rraypo 3]

On 11/18/2021 at 7:12 PM, daniel_and_lily said:

After waiting since April due to covid, my fiance finally had her interview today and was rejected. We have met 5 times prior to covid and haven't been able to be together for over 1.5 years due to covid. The interviewer said they did not have time to look over the paperwork, and in the same breath told my fiance that she didn't bring enough evidence to support our case that we have a "bona fide relationship". It's very very unclear to me how we can provide more evidence supporting our relationship when the time wasn't taken to review the material that we brought in the first place. How can we have any chance to win on this?  They asked her if I was present (which clearly I was not) and it's not possible to go to Vietnam currently because they're still closed from covid. That seems like a really stupid question to even ask her since they've been closed since March 2020. 

No, the interview is not the time and place to attempt to provide any new documentation.  The interviewer does not have the time not only to look at it, but to verify anything you might bring to the interview. The interviewer has your complete file in front of them or totally available to them during your interview. If they ask you questions about anything you have already submitted, then you should have anything conceivable to explain anything you have previously submitted. The interview is their very brief time to sort out fraud cases from bonified cases.  This is the time they ask about family names, birthdays of relatives', and in my case, they asked my wife to see her key to our home, then compared it to my own. I have gone through this myself twice, and I have helped a number of other couples through this and I have provided countless free U.S. Citizenship courses. If there was missing documentation in your application, you should have received an Request for Evidence (RFE), they are seemingly very good at that. It is my opinion that they were much more concerned with the time lapse in your last face to face meetings. Covid or not, people have been traveling. We have been to Brazil three times in the past year.  The air travel between the USA and Brazil has been easy, planes flying almost empty and airports have been very fast. Unless your country has been on a blocked list, the interviewer may have truly questioned this aspect and that is why you did not receive an RFE in advance.