Levick13

As been said. Vietnam does not have DCF. Going through the spousal visa with my wife now, I live in Vietnam with her. We are at the 8 month mark and counting in the process. However, we are a ways ahead of others who filed at the same time and the petitioner lived in the US. So it is faster living abroad but still takes a LONG time in my opinion.

Chris,

Glad to meet another westerner going through the same annoying bureaucratic (*$(. I'm due to return to D7 in February/March 2014, but i wanted to get a jumpstart on the paperwork. We had a dinh hon in September and are having the actual wedding in March. i have all the paperwork to file for marriage here in the United States, but the cost of authenticating the documents here in the United States is unbelievably expensive. Besides the fact that I have to go first to a notary, then the clerk of courts for the county the notary is registered and get the county stamp, then the state of Ohio for the State to verify the county's stamp, and then send the documents to the Vietnamese embassy in Washington for their stamp----which costs $50 per stamp! (7 documents: Notary free at bank; $2 per document at County clerk; $5 per document at State level; then $50 per stamp from Vietnam!! How is a poor country 10 times as expensive as the State of ohio?) Because i was previously married, I have to bring my divorce decree, too. My question to you is this: is it better to wait until i return and fill the paperwork out in vietnam, or is it better to get all the above documents stamped and send them ahead so my wife can file them with Vietnam before i arrive so we have a headstart? I still have to go through all the bullshit with the US government for the marriage visa. Previously we applied for a K-1 visa but were denied because i didn't ask specifically for an IMBRA waiver. Since that was denied, i either have to wait until August to file another k-1 or just file a cr-1 and wait the extra time. The benefit of the marriage visa being no adjustment of status, but the downside being having to wait an extra long time. I'm preparing to teach english in Vietnam until she can return with me, but obviously, its a financial stretch to live here versus the money that i can earn in the United States. (Especially if you consider that I have remodeling company in the united states and there is no work in construction in Vietnam because they have a labor pool willing to kill themselves for next to no money.) Teaching english pays well enough to survive, but it won't be stress free. This whole process is frustrating because she can't accompany back to the United States on a tourist visa until the other visa is processed. I just want to get on with our new life and worry about normal things besides whether my wife can accompany me to my home country. Anyway, any thoughts on how best to proceed is appreciated.

Take care,

Stephen

I Have done dinh hon with wife on September 25th, 2013 after spending 10/30/12-1/21/2013 & 4/19/2013-10/17/2013 living in Vietnam. I have a leased apartment for the next year in Vietnam from 10/1/2013-10/1/2014. I plan to return to Vietnam 2/15/2015 (post TET). We are planning to get married in Vietnam in March, and then apply for a DCF in August in the hopes that we can get her a spousal visa by October. is that possible? From what I've read, getting a DCF filed visa is MUCH faster than filing through the United States. Is that true? Has anyone done a DCF in Vietnam?

I'm sorry if it came across that I was bad mouthing the United States. I don't know what I said that specifically denigrated the military, but my intention was never to criticize soldiers----just the politicians that wield our armed forces like the police force for the planet. Maybe we should mind our own country first, instead of putting our noses in everyone else's business. I do appreciate the freedom to say what I want and I know that is what makes the USA great.

I agree about getting up after being punched. Having been in my fair share of fights, I agree the true test is to get up and move on and figure out what to do. Sorry if I came across as a whiner---its just been an exhausting couple of years.

I took the advice of some other members of this forum and consulted with Mark Ellis. He wants $1250 to represent, and that doesn't cover the cost of reapplication fees and the sort. Plus he advises getting married in Vietnam and applying for a CR-1, which is good advice, but I have to head back to the USA to earn enough money to be able to afford a wedding, application and attorney fees. All of this plus plane fare is somewhere around $7000-$8000? I don't care about the money, but it's the annoying time separated from my fiancé that sucks. I could achieve a lot more with her helping run the business and handle the receipts/phone than I can do home alone. That's neither here nor there.

Thanks to all for the advice. I'll update you as I get things together. I will have a dinh hon in Hue on September 25th, head back to earn cash and wrap up my USA obligations, and return here in February.

Lawyer never sent me the RFE. We just told me to write a letter explaining why the old relationship didn't work out. He didn't mention anything about a waiver. I will see if I can dig up the form. Regardless, they failed me because I didn't specifically ask for a waiver----how insane is that!?

I wrote about how my application for k-1 visa was denied because I disnt ask specifically for an IMBRA waiver specifically in my RFE explanation. My old attorney (Joel turney) didn't state that I should ask for a waiver so I just re wrote the letter I had sent to the Saigon embassy withdrawing the petition for my former fiancé. After receiving the denial letter, my former attorney stated they did nothing wrong, advised against getting married and filing a k-3(cr-1) because that application will be denied because USCIS will think we are trying to circumvent the prior denial. They also advise against appealing since according to him, the law firm and the USCIS did nothing wrong: it's my fault for not asking for an IMBRA waiver even though thats seems like what I pay an attorney for.

After some advice from other members, I went to visit the legendary Marc Ellis. He's a cool guy, and said he would represent me through the whole process but I need to get the I-130 filed quickly. I am scheduled to leave October 15th and have been in Saigon since April wrongly assuming my fiancé would be able to return with me. Long story short, he wants me to delay my flight by a few weeks, which means expensive flight change, pay $1250 law fee, I'm sure there is a separate fee for application for visa, and not to mention ill have to renew my Vietnamese visa again (only good for 90 days at a time). Even if I do all of this, I'm still going home alone. Because I have to wait for the IMBRA two year waiting period to end (August 8th, 2014), is it better to return home, wrap up my American loose ends, get my tefl teaching degree, and come back after TET. I've already spent three months from October-January 2012/13 with living with my fiancé, and have lived with her since April 2013. I would have started teaching here, since I have a bachelors but most schools want a year contract. I am a remodeling contractor by trade and there is ZERO work here for construction (unless you want to work for $.50/hr in the tropical sun). I hate to leave my fiancé for another stretch, but money is low, and it makes sense to stack cash in the USA and return. My question is:

Is it better to wait and reapply for k-1 fiancé visa at IMBRA expiration? Or is it better to get married in Vietnam, and have that paperwork processing, so when I return in February/March things will be rolling? I love this woman, so I don't mind the marriage part, but I'm low on cash right now, so I'd have to borrow the legal fee, and since Viet weddings are GIGANTIC compared to American weddings, and a source of pride for the family, I'd have to come up with even more dough. I could pull the cash from my family but I would owe serious pounds of flesh---which I'm willing to do, BUT if I get denied for the cr-1 I will be seriously upse, out more money, time, and has to reapply. I know Marc Ellis has a great reputation on here, and he seemed like a great guy, but after getting screwed by my last lawyer, who promised smooth sailing, I'm a little worried to jump in without hearing everyone's opinions from here. What do any of you recommend? (Yes, I know I am a loser and an idiot---please don't make me feel worse about my stupidity please....)

The petition was withdrawn from Saigon embassy in January after I sent a notarized letter of explanation. When the lawyer received the RFE in late June he didn't tell me to ask specifically for a waiver, just use the same explanation of why I withdrew the last petition. The letter states "petitioner did not ask specifically for a waiver and so his petition is denied". Yes, I am a sucker and an idiot and I hadn't been dating anyone for the last ten years, not to mention no experience with SE Asian hustler types. Call me a fool, but it wasn't my intention to screw up and ALMOST give a visa to a woman after a visa only. If I can find a way to make cash here, I'd stay in Da Lat---screw the USA and all the money grubbing, government that doesn't do ANYTHING, military that just attacks countries to make money, and the advertising industry that makes everyone feel worthless and incomplete. The only thing I will miss about the USA is decent ice cream!

If any of you have acrobat maybe you can read the following link:

https://snt147.mail.live.com/m/messages.m/ScanAttachment?mid=mccbbfed4-049f-11e3-9cb6-00237de46152&attdepth=0&attindex=0&CP=20127

I am so annoyed right now that I have to go through this. I know it's my fault that I put too much faith in the attorney and didn't background check the process more. I have been in HCMC since April hoping that the extra time spent here would lend even more "legitimacy" to my current relationship. T be honest, I wouldn't care about returning to the USA if I could make enough money here in VIetnam. The problem is, I am a contractor in the USA and there is zero construction work here for remodeling contractors since labor is so cheap. I have a Bachelors Degree but no TOEFL so I guess I need to focus on that when I return in October. Stack cash and make another run next year. This is not the end of the world, but wow, it's frustrating. I just want to get on with my life. After losing all my money in real estate, getting divorced (which was actually good since I wasn't living--just existing), bankruptcy, and foreclosures, I thought I could salvage at least being with the person I love and start over. Wow, if I am able to survive all of this and one day find happiness, I will definitely appreciate life like I never did before. Thanks to all for your advice and listening....

USCIS did send an RFE at the end of June. My attorney (Joel Turney) told me to simply send the same letter I had sent to the Saigon embassy to withdraw the former petition. He told me to simply change the salutation to "To whom it may concern" or "USCIS". My lawyer never told me to specifically ask for a waiver. I have been trying to copy the actual denial letter but I can't figure out how to copy PDF or make a copy on my iPad into this reply box. To make a long story short, USCIS said the basis for their denial was because I didn't specifically ask for a waiver, but instead explained why I didn't withdraw the petition sooner (I was told by my attorney to wait until I returned to the USA in January even though I wanted to withdraw the petition in October. I was in Vietnam for three months October-January). It was during that period that I became more than friends with my current fiancé.

When I wrote to my attorney and showed him the reason they had denied my waiver, the attorney said it wasn't their fault, even though the attorney never told me what the RFE was for---he simply wanted me to state why the last relationship didn't work. I asked him whether I should just marry my fiancé here and apply for k-3 (cr-1) but he said USCIS would see this as trying to get around the k-1 denial. That would be true since the only reason I am jumping through these hoops is so I can be with my fiancé! If they would let her return with me ona tourist visa for six months to he united states, I wouldn't even bother them with this other paperwork. It's because of the discrimination against young Asian women visiting the USA that I now have to return alone for another 4-6 months and then comeback again. The spring.

I am so frustrated with this entire experience. I wish I could post the exact PDF of their denial letter so all could see it. When I told the attorney that his money back guarantee should cover this since he assured me it would be no problem, he stated that it didn't cover anyone who had previous dealings with immigration! So, now I have spent over $2000 on attorney and application fees and still have to wait until August 8th, 2014 to reapply.

So, I think I understand why I was denied? According to the denial letter, I didn't specifically ask for a waiver---I just wrote reasons why the previous relationship didn't workout. The reason I didn't specifically ask for a waiver was because my attorney never told me too! I had previously written a notarized letter to the Saigon embassy to formally withdraw the petition, and asked the attorney if this letter would suffice. He said that letter would be fine, just change the salutation to: to whom it may concern or "USCIS"---that's it! So, when I read the denial letter, it stated that I not gave reasons why the relationship didn't workout, but didn't ask for a waiver specifically! That is enough to deny my application. Now, they say I can appeal within 30 days (and an extra $630!). So what's my next play? Appeal and ask specifically for a waiver? Just marry my fiancé here and apply for a k-3 instead (since there is no IMBRA limitation on k-3 visa) or wait until next August when the two year limit is up? Either way, the plan to have her return with me in October is shot. I have to return to finish selling my American belongings and to earn money (I am a contractor---there is NO money for contractors in Vietnam since labor is cheap here.). I can go home and work on getting a TEFL and return around TET and teach English, but the hope of having my fiancé with me this year is pretty much shot. I. Guess I am to blame because I didn't research enough and just depended on my attorneys advice too much. What makes me angriest is that USCIS can hand out denials like candy without any repercussion---meanwhile, they can really hurt people's lives....

The lawyer got the actual RFE in New York and told me to write a letter explaining why the former relationship didn't work out. I had written something similar to Saigon to formally withdraw the petition to the Saigon Embassy, and they had no problem closing the case. I will try and upload the letter. I need to find it on the other computer....just a second

Thanks to all for the help and advice. The funny thing is, I wasn't even worried about the application being denied, I was more worried about the interview even though I have lived with my fiancé for 8 months now. The waiver application that I filled out simply stated that the first girl was not faithful and was still fishing for other men. My lawyer told me just to state the reasons why the relationship didn't work out. He didn't make it seem like the girl had to die, by a prostitute, or a drug kingpin. I'm amazed how paper pushers at the USCIS get to arbitrarily kill one's dreams. I am in Vietnam until October. Then back to the United States to work and earn money before coming back to Vietna. In April. I do love my fiancé very much and will miss her far more than the convenience of the United States. I will get a TeSOl and teach English until I can get this mess sorted out. This is a great forum---thank you all for all of your support. Since I am in Saigon, I will go see Marc Ellis and see what he says too. thanks again everyone

I filed the waiver for the first visa, to get around IMBRA, but apparently what I wrote wasn't good enough? I sent that the beginning of July, and the attorney assured me that the visa should be approved by the end of July. He made it sound like this RFE was no big deal---I wrote a letter, signed the affidavit, and then express mailed it. He didn't seem concerned---no I feel like I'm completely screwed....this really, really, really, sucks.....

So what can I do? My attorney is waiting for his copy of the letter. My mom has been receiving my mail in the states. I am having her scan and send the letter to his new York office. I don't know what can be done now. I was planning on her coming home with me in October. Now I don't know what to do. I wish I has never met that first girl----the difference between the two is night and day. I suppose I can go home and liquidate my belongings, get a tesol and move back? Get married here then apply for a k-3? I just wish there was a way to salvage this application....

Thank you by the way for your comments. I need my lawyer to explain why he said it wouldn't be a problem now...

I had to to write a formal letter of withdrawal to the Saigon embassy that I had to have notarized and sent by mail (no scans). I included a copy of that plus filled out the paper work stating the original woman's name The asked for RFE in early July and I replied with basically the same letter I had written the Saigon embassy. What I'm wondering is if my lawyer lied to me about being able to reapply before the 2 year limit on k-1 applications? Is there any way out of this? Isn't sending $630 to appeal and get a no answer in a year just a waste of money?

I am new to the forum but I will give you the basic run down in hopes someone can help me figure out what to do. I initially began a Relationship with a young woman in October of 2011. I visited her twice, once in November 2011, and again in March 2012. After returning from the second trip, I filed an I-129f on 5/7/12 and received and approval on 8/8/12. I soon found to my dismay that this girl had several dating profiles still open and was actively involved with many different men. I opened an account in a different name and tested her loyalty: none.

Heartbroken, I chatted with a few other Vietnamese girls and discovered there are two main types: those fishing for visa's and those looking for love. I had become friends with a young woman, Nhung, and had told her my experience so far and how depressing it was. She enlightened me to the culture and I helped her with her English. We chatted daily until I went and visited her in October. I had such a great connection. I stayed until January 21st. I told my immigration lawyer to withdraw my original application for the first girl and wanted to know if it was possible to apply for Nhung. He said yes, but I had to wait to go back to the united states to formally withdrawal my application. I did this, and filled out the paper work for a new I-129 assuming that the first one wouldn't matter. I sent the paper work in 2/21/13 and received the reception letter 2/28/13. I went back to Vietnam in April and planned to stay until October, in order to be able to fly home with my fiancé.

I received a letter from my lawyer in early July asking me to explain again the reason for my reapplication so soon after withdrawing the first I-129f. I quickly wrote and explanation letter and fed-exed it to New York. I assumed that this would clear up the matter. Instead, I received a denial letter for misrepresentation! The letter stated I could appeal the denial with an extra $630 within 30 days. From what I have read, these appeals can take up to one year! By that time, I could technically reapply for my fiancé since the two year time limit would be up! I don't know what to do. I'm angry at the lawyer for telling me it wouldn't be a problem, and mad at myself for being such an idiot with the first girl.

I need to return to the united states to earn money to be able to afford all the application fees and to make enough income to pass the income eligibility requirement. Does anyone have any advice? (besides not being a complete idiot/sucker). Do I have any other options?

Thanks for your help.....