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failed interview... application being send back for final decision

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Filed: Timeline

hi all im a newbie here... wondering if anyone here can help me answer some question about my case... i filed 129F march of 2007.. My fiance got an interview on Nov but he failed. Then in april an officer in Vn give us both an phone interview.. Being un prepare that we both are we failed the phone interview answering competely opposite answers from each other... here a very complicated part about our case. when the officer ask my fiance about his email password . she went in and read and findout that 2wk before i wrote email to my finance to break up with him and he should find someone new. So now they also held that against me too. So this morning my fiance got a letter stating that our case is very complicated to make a decisions so they send it back to the US and have a consulate officer review our case and have a final decisions... does anyone know how long does it take ? what is my next step ? i want to write or call them to justified my story... people tells me i should get a lawyer and it will guranteed me within 5mos my fiance will be here but i don't know if it worth it since i know for sure before they review my case if i can write them my side of story maybe they will understand... real couple fights and get mad at each other from time to time but that doesn't mean we don't love each other or not serious in our realtionship....

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Filed: Citizen (apr) Country: Germany
Timeline

are they allowed to ask for your email password? I am pretty sure this was not legal.

I would suggest you to get a lawyer as well. Of course "normal" people would understand that real couple fight and get mad at each other and I am pretty sure you

won't be able to convince them.

Find a good lawyer!!! Good luck!

06/02/2006 - filed I-129F

12/16/2006 - Enter States thru Atlanta

01/13/2007 - Marriage

01/19/2007 - Filed AOS and EAD to Chicago

02/06/2007 - NOA that AOS has been forwarded to CSC

02/12/2007 - Fingerprinting in St. Louis

03/28/2007 - email notification that card production ordered!!!! (Day 68)

04/20/2007 - GC in the mail.....no more USCIS for 2 years!!!!!

12/29/08 - Filed I-751 to VSC

01/12/09 - NOA in mail

01/24/09 - received ASC notice

02/06/09 - biometrics appointment in Orlando

02/09/09 - touch

06/01/09 - approval letter in mail

12/11/09 - Filed N-400 to NSC

12/14/09 - Package arrived at NSC

12/26/09 - NOA in mail

01/22/10 - Fingerprinting in Orlando

03/08/10 - Interview in Orlando (passed)

03/12/10 - Oath Ceremony

Matthew Quoc-Minh *11/29/08*

7 lbs 6 oz. (3.35 kg) and 20" (51cm)

01/29/09 (2-month-check-up): 11.9 lbs (5.4 kg) and 22" (56cm)

03/30/09 (4-month-check-up): 16.5 lbs (7.5 kg) and 25" (63cm)

05/29/09 (6-month-check-up): 19.2 lbs (8.7 kg) and 26" (66cm)

12/1/09 (12-month-check-up): 22 lbs (10 kg) and 30.3" (77cm)

06/11/10 (18-month-check-up): 27.5 lbs (12.5 kg) and 33.5" (85cm)

12/13/10 (24-month-check-up): 31.7 lbs (14.4 kg) and 35.8" (91cm)

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Filed: Country: Jamaica
Timeline

It is actually the 2nd time in just a few weeks I have read about e-mails being used against people in interviews.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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Filed: K-1 Visa Country: Vietnam
Timeline

Sorry to hear about your failed interview. Getting a lawyer's advice of what to do next is a good idea. You didn't give a lot of details about why the Consulate failed your fiance at his interview. I'm assuming you're refering to HCMC Consulate. If you are, the Consulate has some issues about your relationship as it was filed in your I-129f . Your fiance's interview at the Consulate didn't resolve them. Your phone interview further complicated things as did your email to him.

However, the usual process when a case is sent back to the US is it goes to the USCIS, not that the Consulate reviews it in the US. The Consulate reviews your case before it sends it back to USCIS. Once the USCIS has it with the Consulate's report they decide whether or not the case approval they originally gave is now valid. The problem there is it can get "lost" or get "processed" for a long time. Another VJer, Dave_Thao, had their case sent back to the USCIS, they refiled their I-129f and recently got their visa. They origianlly filed in 2006 so it can take a long time. If you and your fiance do love each other, you will be together but it may take longer than 5 months even with a lawyer.

What you should do next is, if the HCMC Consulate still has it, contact a lawyer, many people here have used Marc Ellis. His email is marcellislaw@gmail.com He can help you keep your case in HCMC Consulate if that's possible. He can also help you answer the Consulate's issues and hopfeully get you the visa. How long it will take depends on where your case is. That's why it's important to find out where it is and contact a lawyer asap.

Also please fill out your profile and timeline so we know more about you and your journey. :time: It helps us help you better and others will know more about how long it may take for their journey.

Good Luck!

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Sorry about the outcome of your interview. Tuyen had her interview in Aug 2007 and our case was sent back to the US. It did not make it to the USCIS until Dec. Tuyen and I decidedto file a new petition since it could take up to two years before the USCIS will get around to reviewing our case.

I hired a lawyer the day after I found out the case was being sent back, so there is no guarantee your fiance will be here in 5 months.

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

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Filed: Citizen (apr) Country: Vietnam
Timeline
Marc Ellis is the man! He has connections with the Chief of the Immigration Unit from what I heard.

I wouldn't call it "He has connections with the Chief of the immigration unit". Rather a trusted working relationship and mutual respect on the legal and professional level.

Based on OP's post:

1. Boyfriend was interviewed, failed. What happened after that? Did you get the blue/green/white slip? What did you do to rectify the matter? Result?

2. Somehow, HCMC just called you both on the phone while you're in the States and he's in Vietnam? Then they failed you because of what you two said on the phone? How did that phone conversation start? happened? ended? Please share your experience.

3. HCMC called you and requested your email password? And you agree to that? Don't you think it's a bit overstepping of bound on their part, if not to be a abusive of power and authority?

4. After the email review session, they decide that your case is fraud? or just tell you they send your case back? When did they tell you they are going to send it back to the States?

Email M.E. and request for his service ASAP, if not done already. Preventing the case from being sent back is the goal right now....

Good luck and let us know how you make out...

chuck and kim

"You always get what you've always gotten if you always do what you always did."

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Filed: Timeline

sadly, they can't find a good reason why they should failed my finance the first time he got an interview... the only reason they found was oh the plane ticket doesn't match with my visa purchase.... the next day i fax my finance circle it... and they make another excuses that he has to wait... then the phone call started that when our answer doesn't match... and they ask my finance for his password to go into his email and read our emails... in the emails.. 2wk before i was being so mad at him and tell him its over and he should go find a gf.... so the officer read that... call me back on my phone and yelled at me for being unfaithful... i didn't even get a chance to explain to her and she hung the phone up on me.... so a few day ago they send my finance a letter said in the phone interview our answer didn't match... and i told him on the emails to go find a gf so the case is being send back to the US now... its sooo stupid.... i really need to find someone to write a letter of complaints to my case ... seriously..

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Filed: Timeline
sadly, they can't find a good reason why they should failed my finance the first time he got an interview... the only reason they found was oh the plane ticket doesn't match with my visa purchase.... the next day i fax my finance circle it... and they make another excuses that he has to wait... then the phone call started that when our answer doesn't match... and they ask my finance for his password to go into his email and read our emails... in the emails.. 2wk before i was being so mad at him and tell him its over and he should go find a gf.... so the officer read that... call me back on my phone and yelled at me for being unfaithful... i didn't even get a chance to explain to her and she hung the phone up on me.... so a few day ago they send my finance a letter said in the phone interview our answer didn't match... and i told him on the emails to go find a gf so the case is being send back to the US now... its sooo stupid.... i really need to find someone to write a letter of complaints to my case ... seriously..

as someone mentioned before, I'd advice you/your fiance go and talk to Marc Ellis. Just go talk to him for an hour or so. He's not a god, but he got some reputations. My fiance recently got her pink slip because Marc's influence with the consulate. (I'll post a detail story on that later). But don't give up, it's just a process, stick with it and you guys will get through.

Service Center : Nebraska Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F NOA1 : 2007-06-20

I-129F NOA2 : 2007-11-02

NVC Received : N/A

NVC Left : 2007-12-17

Consulate Received : N/A

HCMC Sent Packet 3 : 2008-01-08

Packet 3 Received : 2008-02-18

HMC reveiced Packet 3: 2008-02-22

Packet 4 Received :

Interview Date : 2008-05-12

Visa Received :

US Entry :

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Filed: Citizen (apr) Country: Vietnam
Timeline
sadly, they can't find a good reason why they should failed my finance the first time he got an interview... the only reason they found was oh the plane ticket doesn't match with my visa purchase.... the next day i fax my finance circle it... and they make another excuses that he has to wait... then the phone call started that when our answer doesn't match... and they ask my finance for his password to go into his email and read our emails... in the emails.. 2wk before i was being so mad at him and tell him its over and he should go find a gf.... so the officer read that... call me back on my phone and yelled at me for being unfaithful... i didn't even get a chance to explain to her and she hung the phone up on me.... so a few day ago they send my finance a letter said in the phone interview our answer didn't match... and i told him on the emails to go find a gf so the case is being send back to the US now... its sooo stupid.... i really need to find someone to write a letter of complaints to my case ... seriously..

Even though I don't agree, but asking for password to check email logs and having a phone interview to match answers are methods that consular officers use to authenticate relationship for HCMC post. This type of situation occurs in connection with fiance/es applying for visas abroad. What can happen is that new, negative information can come to light at the time of the interview. More specifically, the interviewing consular officer may conclude that the visa applicant either does not appear to have a bona fide relationship with the petitioning U.S. citizen. As others already advise, I would also recommend getting an immigrant lawyer to intervene in your adjudicated process and to resolve all misunderstandings.

I-130 Journey

USCIS

2007-07-17 : Marriage

2007-08-14 : I-130 Sent

2007-10-02 : I-130 NOA1

2008-03-06 : I-130 NOA2

NVC

2008-03-18 : NVC Case # Assigned

2008-04-28 : I-864EZ Cleared at NVC

2008-05-19 : NVC Forwarded Case to HCMC

CONSULATE

2008-05-21 : HCMC Received Electronic File

2008-06-05 : Interview Passed!

2008-06-17 : Visa in Hand

US

2008-06-24 : POE - Newark

2008-07-24 : Received Green Card

2008-08-25 : Received SS Card

2010-04-12 : I-751 and Check Sent

2010-04-21 : I-751 NOA Received - 1 Year Extension

2010-08-20 : 10-Year Green Card Arrived

Naturalization

2012-08-27 : File N-400

2012-08-31 : Check Cashed

2012-09-06 : N-400 NOA

2012-09-19 : Biometric Appointment and Fingerprint

2012-10-15 : Receive Naturalization Interview Date

2012-11-19 : Naturalization Interview Completed

2013-01-14 : Oath Letter received

2013-01-16 : Oath Ceremony / Become US Citizen

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