Kelvin Ly

My sister in law failed the K3 interview last month in Vietnam. They say the paper will be send back to CIS here in the US.

How can we go about appealing the case? What is the procedure? Can we send a letter of explanations with evidences which we think can address their concerns.

Another question is, now that the I-129F failed. Can we proceed with I-130?

Please help!!!

You shouldn't have to "think" or "guess" the concerns. The reasons on the blue or white slip are what will need to be addressed in order to have a successful petition. Filing a CR1 with the same information will get the same result: denial.

What did the denial say?

Thanks to all of you for your response.

Of course I DO understand that if we don't come up with the new proof that address the issue, we will get same results. This is obviously clear.

The USC has not send me the Notice of Denial (NOD) so I don't know specifically what it says, but from what he told me that they denied my sis inlaw because of the following reasons:

1. She can't answer where's her husband's father born. The USC's parent divorced 15 years ago and his father totally disconnected from the family, therefore the father is not in his life and so he does not mention about his father to his wife.

I will submit a copy of the Divorce paper of his parent to show that they divorced a long time ago and the explanation above.

2. The USC moved to AZ from HI to live with us and expect to have his wife join her sister (my wife) later. When he's here, I helped him filed the I-130 and then I-129F. He stayed with us for about 3 months but couldn't find a decent job besides working for Pizza Hut. Then he moved back to HI.

The CO asked my sister inlaw where's the USC work in AZ, and she said "a pizza place" but couldn't name "Pizza Hut".

Plus, the CO ask "where will you live with your husband when u come to the US", she said "Hawaii". The CO probably had concern that why the petition was filed from AZ (when the USC moved here for 3 months), but they will settle in Hawaii.

I will submit copies of his Pizza Hut pay stubs to prove that he actually stayed in AZ for a period of time when he filed the petitions.

For some reasons, my sis inlaw and him did not address these things during the interview process.

Now you guys told me that we can proceed with the I-130. But should we? Or should appeal the I-129F? Which one is faster?

Thanks.

My sister in law failed the K3 interview last month in Vietnam. They say the paper will be send back to CIS here in the US.

How can we go about appealing the case? What is the procedure? Can we send a letter of explanations with evidences which we think can address their concerns.

Another question is, now that the I-129F failed. Can we proceed with I-130?

Please help!!!

Hi all VJers!

My wife visa (K3) will expire on July 22, 2009. I sent her AOS application early May and got NOA1 date of May 15, 2009 and she had her biometric on June 16, 2009. Will it be a problem when her visa expires in a week from now? What should I do?

Please help!

My uncle just got the letter of approval today, the email notification and the status online are weird. They can just say "approved".

It's been 2 days. There are 28 views, but nobody answer my question.

Help please!!!

I don't think anyone has answers.

Why don't you call the 800 number listed?

It's been 2 days. There are 28 views, but nobody answer my question.

Help please!!!

Hi all VJers

I am monitoring status of I-130 for my uncle. He's sponsoring his daughter and the case was filed in Mar 2003. Today I received this notification message from the CIS. Please explain to me what it means.

----------------------------------------

Application Type: I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

On April 27, 2009, your document I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN was processed and mailed to the address on record. If you have not received it within 30 days of April 27, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.

----------------------------------------

It does not say "approved" nor "denied". This could be an RFE? Please reply soon!!!

Thanks.

This is a questions for my friend:

He's filed a I-130 for his married daughter (and her husband and 1 child) and it is still pending. Now his daughter has another child. Therefore, the new baby is not on the original petition. What should happen? How can we update it?

Can we just wait until the case reaches the Consulate and show the Consulate Officer the birth certificate?

Please help.

It's been 9 days since I posted this question. Please help!!!

This is a questions for my friend:

He's filed a I-130 for his married daughter (and her husband and 1 child) and it is still pending. Now his daughter has another child. Therefore, the new baby is not on the original petition. What should happen? How can we update it?

Can we just wait until the case reaches the Consulate and show the Consulate Officer the birth certificate?

Please help.

Hi all

I received this email yesterday from the CIS.

--------

Current Status: We mailed you a decision.

On December 12, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.

--------

Does anybody know what it means? I thought it should be either "approve" or "denial" or "more evidence".

A friend of mine is trying to bring his fiance here. He's not making enuf money (below 21K, which is the guideline). I've heard a rumor that Vietnam Consulate would not pass your interview if there's a co-sign for I-129F, but rather I-130. Is this true?

I apply Consular Birth Abroad (with SSN) for my daughter and got approved back in March 2007. Her SSN was supposed to arrive sometimes in June. But we never got it. We went to SS Office and the lady there told me that we should have the SSN recipient's name on the mailbox, otherwise the SSN will be not delivered. They have the SSN ready, but the card will arrive after 2 weeks. We also applied for my wife SSN.

We got our daughter SSN after 2 weeks and my my wife SSN after 3 weeks.

Are you people too dumb or my post isn't clear enough?

Your posts are not clear enough....................................

It's the other way around: your question is dumb ---> unclear answer.

To be clear with you:

Get marriage license ---> wedded by a judge (reverand/priest/someone who is authorized to do so) --->

---> get marriage cert. ---> apply for AOS.

If this is not clear enuf, you're not allowed to get married because you're toooo dumb!

I found out today my 129 was approved! so now...

What?

Heh. I've been reading through the posts about the packet 3 and 4 and I'm curious what I can do ahead of time to cut down on waiting time? I am currently filling out and printing blanks of all the forms I know will be included in the packets so that she knows exactly how to fill them out.

About how long does it take to go from NOA2 to Visa with HCMC? A friend of mine was able to get the 129F done in 5 months and another 3 months from NOA2 to Visa. Is 3 months the average if there are no issues or does it tend to drag out?

First of all, congratulation to you on the big step. Be strong to overcome the bigger steps still ahead of you.

If you read my signature (or search other timelines of similiar cases) you can get some ideas about your own timeline. If everthing goes well without major issue (we all hope so):

- ~2 weeks from NOA2 to Case arrive HCMC Consulate.

- ~6 weeks to get Packet 3

- ~6 weeks to get Packet 4

- ~2 weeks to interview

So I would say you can expect your interview in approximately 16 weeks (or 4 months). That would be sometimes in December. This is considered to be fairly quick timeline.

There's nothing much you can do to speed up the process except preparing for the Packet 3:

- Police record is valid for only 6 months and it should still be valid at the interview. So don't do it too early. Maybe your fiance should do it sometimes in late Sep or early Oct. This is only my guess.

- Vietnamese passport. Do it as soon as you can. Its expiration is in years. So it's not too early to have it.

- Prepare your I-864 (signed and notorized) with tax returns, letter employment, W-2s.

- Prepare your evidence: pictures, chat logs, letters, emails, boarding passes (trips to VN), receipts (in VN), or any evidence that might prove your bonafide relationship.

That's all I remember for now. You can read on other posts of how to prepare Packet 3. I had my wife brought Packet 3 to a Service at 147 Nguyen Kim, in District 10 for help. It costs like 20 USD. Packet 4 might cost more but should be less than 100 USD. Your fiance should bring the packet 3 and handed in herself. Do not let the service do that.

Good luck to you.

You might want to search up on VJ.

Fact: K-1 Visa does NOT need EAD to obtain SSN when I-94 is still valid within the 90 days window. Your POE date is July 28 2007, that's good. You just need to make another trip back to the SSA office and speak to someone who KNOWS K-1 Visa. BTW, did you two GET married? If you did, You should bring the marriage certificate with you.

Things I brought for Kim's SSN application:

1. SSN Application - filled by me, signed by Kim

2. Our Marriage License Application (registered with the county court)

3. Kim's Passport

4. Kim's I-94 (valid)

5. My US Passport

6. My DL for proof of residency

SSN Card arrives less than 2 weeks at our home.

Your Green Card will not make it back in time for school if she wants to. Think: 3-6 months.

My wife got K3 Visa, not K1. So my question was why they need EAD for K3, but not K3?

They are similiar (I-129F was filed), and the only difference was that K1 valid for 90 days, and K3 for 2 years.

Can I file I-765 (EAD) before I-485? If yes, then do I pay for I-765, because I heard that filing fee for I-485 has increased to $1000 which includes the I-765?

I just do not understand this requirement. .Right now, my wife does not need to work. When she gets her Green Card, she will be able to work then. We are fine with that. But in the mean time, we like to get her SSN, so that she can apply for driver license, bank account, school, getting on my health insurance policy, etc. Why in the world they ask for EAD??? She DO NOT need to work now. How EAD related to SSN???

A social security number is a number issued by the US government to people for payroll deductions for old age, survivors, and disability insurance. Its primary purpose is tracking working individuals for taxation purposes and to track Social Security benefits. Thus why you need some form of EAD to receive.

A SSN is not a de facto national identification number, but it certainly seems that it is being treated as such.

Then why they gave SSN to K1 without asking for EAD?

I am trying to get my wife going to school this fall. Until then, she does not need to go to work. Hopefully, she will receive Green Card in order to work (work-study) or something in school.

But she needs SSN for other things as soon as possible. K3 and K1 are similiar, but K1 does not need EAD when applying for SSN. I just do not understanding this requirement yet.

It does not matter much now, because I have to re-submit the I-485 + I-765 application with the new fee ~1000 USD.

Hi all

I sent out I-485 (AOS) for my wife on July 27 trying to beat the raised fee deadline on July 30. I did not apply for Employment Authorization Document (EAD). When I brought my wife to SS Office to apply for SSN, they ask for EAD. I read the Guide on VJ and it stated clear that we should have EAD when apply for SSN.

I just do not understand this requirement. .Right now, my wife does not need to work. When she gets her Green Card, she will be able to work then. We are fine with that. But in the mean time, we like to get her SSN, so that she can apply for driver license, bank account, school, getting on my health insurance policy, etc. Why in the world they ask for EAD??? She DO NOT need to work now. How EAD related to SSN???

Now, I found out that made a mistake sending out the I-485. I did not have my wife sign the application! She and my daughter got here on July 24. I had so much going on with the new life with my wife and daughter plus trying to beat the deadline, so I lost my mind.

My I-485 arrived July 30, and the check has not been cashed yet. I will probably receive the rejected application in couple of days. Should I wait for that? Or go ahead send another application of I-485 (AOS) and I-765 (EAD)?

Congrats to Hang and Kevin! It's good that Kevin is there to support Hang during the interview and you guys can hug/cheer each other and share your hapiness together.

At this very moment, my wife and daughter are in the air somewhere in the Pacific Ocean. They will arrive Boston tomorrow morning. I can't sleep nor eat over the past weeks, which is good cause I need to shred some pounds to look good for her. I Can't Wait!!!

I agree with Jamie76 that you should not buy tickets from the US, whether online or travel agents. You should buy from one of travel agents in Bangkok. I asked a friend of mine who is a travel agent in Boston, and he said the price is 1050 USD. So my wife bought her ticket from local travel agent going from Ho Chi Minh City, Vietnam to Boston for 700 USD (one way). It's cheapter to buy from local, that's the bottom line.

Good luck to you.

Hi everybody!

Tuyet, my wife, passed the interview at HCM Consulate Thursday morning.

Her schedule is 9AM, but she arrived very early (she thought so) at 6:30AM expecting few people in the line. But lots of people were already there. They let people in at 7AM and closed the gate at 7:30AM. I'm not sure why because they close the gate before her schedule interview(???).

Anyway, she picked a number and waited for her turn. At about 9:30AM, a Vietnamese staff (lady) called her up and asked her to turn in the forms and stuff. Then came the Consulate Officer, a Asian lady (probably Japanese American). She asked:

- How did you meet?

- How many trips he took to VN?

- Did you live together while he was in VN?

- Who did your paperwork (petition)?

- Who did your CRBA (Consular Report of Birth Abroad) for your child?

- Where did you have your child DNA tested?

Then she flipped thru my passport focusing on the visa extension stamps (for the time I lived and work in VN for almost 3 yrs), DNA test results, and a few pictures.

That's it. She didn't bother looking at phone bills, chat logs, boarding passes. Overall, the interview was smooth and took only about 10 min. The CO only focused on the time a spent (lived and worked) in VN, and DNA test results of me and my daughter.

One thing my wife noticed that some people handed in form DS-156 without the BarCode (next to section 24). If you look at the form in "Example Form" section on this website, you'd see the word "BARCODE" in the box. They told those people to go online and get the form (???). Some people went out, and the Xe Om guy showed them an agency nearby where the form was charged for 500,000 VND (30 USD). This is outrageous!!! 30 dollars for a piece of paper with a barcode on it? I'm not sure where to get that form with a barcode, because my wife use a service that helped her with packet 4 for about 70 USD (a total for everything).

My case is different from the most of you guys in general, because I lived and worked in VN for almost 3 yrs. In those time, I met my wife and married her. And I have evidence to support it. One more BIG evidence is that we have a daughter, for whom I filed CRBA to get US passport, US birth certificate, SSN. By following that CRBA process, we have to do DNA test to prove. And that DNA test result is also used as evidence in my wife case. The result is what I expected. I was 99% sure that she would pass. You can't fake if you have a child together.

Thanks to you all for your advice/feedback as well as moral support. Especially Sealedkiss, ChuckandKim, Pop, and many more that I can not remember all. You guys are very active JVers, kind and very knowledgeable, willing to help others. I will be still here (move on to AOS) and continue to support you all.

Again, my appreciation to you all.

After the baby was born, you and your wife/fiance get the Thai birth certificate as usual. Then bring the baby into the US Embassy to do the CONSULAR REPORT OF BIRTH ABROAD OF A CITIZEN OF THE USA. You can go to the Embassy website to learn more info about this process. This process would give your child US Citizenship (US birth certificate, US passport, Social Sec. Number). This also helps serve as a very crucial evidence when you apply K1/K3 visa for your wife/fiance.

If they don't believe that it is your baby, they can ask you to go back to US to get a parental DNA test. It costs about 900 USD. But it's worth the money. It is a very solid evidence for your case.

If you don't follow the above process, you can also bring the baby to the US on K4 visa together with the mom on K1/K3 visa, then applying Green Card for baby, which costs 1000 USD (starting this August).

So go ahead and do the CRBA (Consular Report of Birth Abroad), which saves you a lot of headache.

Thanh is right. When you filed for K1 petition you are not married. You intent to marry so you don't want to let they know that.

I don't quite understand your point. Your comment above makes no sense at all.

You shouldn't put in detail about "wedding" stuffs, since you are filing for Fiance I-129F ... could get you into more trouble

Thanh

What trouble he's going to get into? It's just a wedding ceremony that you can either have in Vietnam or the States (or both). The wedding ceremony is totally different from "getting married legally" as on paper, which he will have to do when she comes to US. He showed evidence about his detailed wedding plan to support the fact that they are serious. So it's a good thing.

Poppscc

I'm sorry hear this bad news. I noticed your fiance interview coming up soon, so I was a little anxious to learn how you guys would make thru. I know you've got some emotional breakdown, and tt should be over by now. You are still very much in the game. Be strong and calm, take neccessary steps (getting more evidence, lawyer, congressman, etc.) to overcome this blue (slip). I sincerely feel your pain and wish you good luck.

Wish me luck as my wife interview coming up next week.

Hi Pop

It's funny that we handed in Packet 3 almost at the same time, and your Packet 4 was delivered from a neighbor a few blocks away but a few days before we did. So it's either delivering mail faster to a wrong address, or delivering to the right address but slower. Pick your service!!!

I heard air fare is high around this time of the year. But my wife told me ticket price is 730 USD for her and 600 USD for our 2-yr-old daugher. I am sending her money today, and she will book the tickets right away.

I think that prices are not that bad at all. Except that my daughter is 2 yr old this July 6, so her price is 70% of an adult price. If she's less than 2 yr old, her ticket price is about 200 USD.

My wife went to the travel agents on Pasteur street (# 178 or 190?) right across from Phong Cong Chung So 1. I also bought ticket the before. Their price is pretty reasonable compare to other agents.