visafrompa

K1 and K2 approved.

Fiancee was not asked any questions.  They just read over the papers (over 70 pages) and said the passports will be mailed.

K1 CEAC status set to REFUSED

K1 CEAC status set to READY

But both had 'Case last updated' dates of 1/11/2021

Basically for my Vietnam brothers and sisters... do what the Packet 3 says, and be ready to get asked for things that were never asked for.

My NOA1 was back in Dec 2019 so it took 13 months from start to finish.

I'd like to stay, but the mods on this board make this place unbearable, so the rest of you are on your own.

Chào

Fiancee is in the consulate now.. hope to hear something back in an hour or two.

OP don't give the nay sayers much weight.  The fact is that if the wait is to long, then YES, say your good byes.

I told my fiancee the same basic thing.  If the K1 is refused, we will not get married because 1. I can't get to her country to marry her and 2. its gonna be a 1.5-3 year wait.  Sorry, that's just not an option.  I want a family and live my life, not worry about what USCIS timeline I currently fall under.

Years ago I asked my GF of 9 years to marry me.  She said 'lets wait a while'.  There was not a second proposal.  After 9 years, no.  We broke up that week.

Do what you think is best for you.  Love comes and goes.  But you only get one life.

Chat are all translated before she send them... so what I get is in all English.  She does not have the ability to save them, edit them, etc.

Problem is that the hotels don't really have 'branded' receipts.  They just use a receipt pad most of the time.  And because of Covid, I was only able to get in two trips, third one was cancelled (but I will include it now, if for nothing more than increase the page count).  

We'll see how it goes. Fiancee literally has every photo we took and every scrap of paper from our trips.  

Since I can't even get to Vn to marry her and start an CR1/IR1, this will be the last chance.  She knows this.  That was not a fun conversation but I cannot wait another 18-24 months and gamble that it will work out. 

Que the 'your a bad person' and 'you really don't love her' choir.

Well, as far as convincing the CO of a legit relationship,  more photos?  The photos we submitted were money shots.  With family, with friends, engagement party, travel.  I sent money, I paid for online English lessons... all that was ignored.  Will a copy of the train tickets to Phan Theit really be the key to it all?  Will the fact that I actually bought the plane tickets after seeing my I-134 and a list of my assets really turn the tide in my favor?  Well, I hope so.

I'm not mad.  Just confused.  The process is not really a process if its up to the whims of some rando in an uncomfortable office chair.

On 1/4/2021 at 10:42 AM, carmel34 said:

One question from the other thread, not yet answered, is concerning your fiancée's past US visa applications/history.  You weren't there for her first interview, so it may be difficult to figure out what the interviewing officer was concerned about.  Maybe have another honest conversation with her about her previous attempts to immigrate to the US and details of the interview.   @JasonGG has given you some very good advice.  Good luck!

She has never left Vietnam.  None of her family has left Vietnam.   She didn't have a passport until 2019 when I told her to get one.

Did she have a previous K1 done in her name?  Of coursed I asked this wwaaayyy back and she said she never talked to a foreigner until she met me.  I'll assume that she means that she spoke to people online, but no one visited her. 

On 1/4/2021 at 8:21 AM, JasonGG said:

The additional information provided in your follow up posting - specifically about them asking for proof of  who paid for your plane ticket - coupled with questions about ex-wife/fiance's contact information makes it fairly clear that they suspect fraud.  Requesting proof of who paid for tickets is fairly common whenever they suspect fraud, especially after several high-profile Vietnamese marriage fraud rings were discovered in the U.S. in recent years.  The U.S. consulate in VIetnam is "famous" for requesting documentation that is not included in the instructions.  There are many documents - including some that you appear to have front loaded - that are often mentioned in these forums, including a letter listing ex-spouses' addresses and contact information.  None of these are in any instructions.

 

As far as the consulate is concerned, they don't care about the waiver you provided to the USCIS.  The USCIS operates on formal paperwork to approve petitions, but decisions at the consulate stage can be based more on hunches and instinct.  In your case, they see a Chinese ex-wife, a withdrawn Chinese k1 petition, followed very soon after by another  k1 in Vietnam.  As you saw from your previous post, other VJ members expressed surprise/concern about that, so I would imagine those feelings were shared by the consulate officers who are paid to be skeptical about even the most straight-forward petitions.

 

All you can do is prepare everything they ask for and then some.  Also bring lots of photos, reciepts, text messages, social media screenshots, and anything else you have to prove you have a bonafide relationship.  Most K1 petitions are ultimately approved, some just have more hoops to jump through than others. 

 

Good luck to you and your fiance - Jason

I think my fiancee must have blown the interview.  Reading the blue slip over and over, it reads like they think I am in Vietnam, or that I am not a Born in the USA citizen, or that I live there... or something.

I mean they asked for a signed statement of my current address.   What?  Why?  The I-134 I submitted listed my current address, and they had a copy of the I-129F and all THAT information.  PLUS I sent in bank statements.  This is what I don't get.  USICS had to vette my information on some level.  As did NVC.  Yet Consulate calls me out for  my address????

The other issues (cc statements for plane tickets) ok, that's reasonable. 

But asking for PROOF of the current address and phone number of my ex?  They had the final divorce decree papers in the packet.  Who keeps up with their ex after a divorce? 

Previous thread was locked?  I never got a chance to add anything.... what the what?  I guess there is a new rule that every post must be a question???

Anyways:

Previous K1 (Chinese woman) petition was withdrawn.  Met new woman.  I am not a 'lets date for 5 years' kinda guy.  Two trips, third one cancelled due to covid.  Tickets were paid for and everything.. then Vn locked everything down.  Talked every day, had virtual birthday parties  etc and did everything we could to stay close.

Since I withdrew the previous K1 petition there is no assumption of fraud or any bad motives.  This is from USCIS and the FAM.   For the woman in Vietnam I applied for a waiver and it was approved (I-129F approval implies waiver approval.  The waiver is just a letter explaining why I withdrew previous petitions and a statement that I am legally able to enter into a marriage.)  This is all 100% above board, and should not have triggered any red flags.  How and why are people assuming that following the law, to the letter, is a 'red flag'?

Going over my consulate packet and what the 221(g) asked for, the every base was covered.   The only things that I could not account for in the 221(g) were the documents that the Consulate wanted that were never listed anywhere.  That being the 'current address' and 'current phone number' of my ex spouse, and where she was born.  The current address, phone number and PROOF of residency for fiancee's ex.  That's actually a lot easier as the Ho Kau (sp?) book must be kept up to date. 

Since my answers must be in the form of a question: 

Has anyone else in Vn or elsewhere had the Consulate ask for information that was never listed.  I get they can ask for anything, but my I-134 listed my assets, and I had to submit proof of bank balances.  Yet they ask me to prove who paid for a $700 plane ticket?  I think I have that in the couch cushions.

If anyone wants to see it, I can post a sanitized version of the 221(g). 

Since the follow up is in 10 days hopefully AP won't take to long.  I'm not mad.  Maybe my fiancee didn't do well during the interview.  I'll try and get some more information about what they asked so other Vn folks can go in much better prepared.

Fiancee had interview on Dec 21st.  Had all the paperwork done, followed the Pkt 3 instructions... ducks all in a row.

Got a blue slip.  Insufficient proof of relationship.  Here's the BS part:

They asked for copies of my plane tickets and CC payments.  BOTH TRIPS AND STATEMENTS WERE INCLUDED IN THE PACKET WE PREPARED.

They wanted my fiance's ex's name, address, phone, date and place of birth.  THIS IS NEVER ASKED FOR.  NOT EVEN IN THE FAMILY HISTORY SHE PREPARED.

They wanted MY ex's name, address, phone, date and place of birth.  THIS IS NEVER ASKED FOR.  NOT EVEN IN THE FAMILY HISTORY I PREPARED.

They wanted photos of our meeting.  WE PROVIDED 12 PHOTOS.  INCLUDING MEETING HER FAMILY AND ENGAGEMENT PARTY.  Also 7 pages of screen caps from Viber conversations.

They wanted a family history.  IT WAS INCLUDED IN THE PAPERWORK WE PREPARED.  BOTH OF OUR FAMILIES.

They wanted a list of all my fiancee's family living in the US.  THIS IS NEVER ASKED FOR.  BUT IS INCLUDED IN THE FAMILY HISTORY. She has none living in the US.

They want a detailed timeline.  OK, this might be on me... but I submitted a statement of meeting, description of our two visits with photos and receipts.  It was not in a 'timeline' format, but it was chronological.  I even included the train tickets showing my name, passport number and dates for all 4 train rides.

They want our current addresses and phone numbers 'where we actually live'.  THIS IS PART OF EVERY FORM I SUBMIT.  AND PART OF THE DS-160 FOR MY FIANCEE.

Basically everything they asked for, they had in their hands, they just never looked.  Or they wanted information that is never asked for.  There is NOTHING that asks for address/phone number of ex-spouses.  The family history specifically asks for "Husband/Wife/Children".

So basically we were gonna get a blue slip no matter what.  Its frustrating that everything they asked for, they had in their hands, or worse, we were never told to prepare.  There is NOTHING that asks for the address/phone number of your EX.  The I-134 only asks for a name.  And the I-129F asks about ex's, but NEVER an address or phone number.

Follow up in Jan 11th, so we'll do some more paperwork and see how it goes.

Took me a while to calm my fiancee down over the phone.  She was upset but once I got a copy of the 221(g) I told her there was nothing we could do... we were just picked to not get a visa that day.

Digging into it there is nothing the Consulate specificity requests for parental notification for K2.  Just some documents.

And from what most sources are saying, when travelling, you need either a signed, notarized letter from the other biological parent, or a notarized copy of the final court decree giving you full parental control. 

This is problematic... you would need a translated copy for every language you encounter.  

And according to the says that unless ordered by a judge, the other biological parent shall not be denied visitation.  So a letter would still be required, allowing the child to leave.

If anyone has anything else to add/correct, please do.

The Chinese Consulate's rule is all paperwork needs to be translated.  This is the first time I have read that they would accept non-english paperwork, just wanted to double check.

Most of the important papers will be translated for USCIS, but a few things are specific to the Consulate.

Just wanted to make sure, its OK to use Vietnamese papers in VN?

On 9/28/2019 at 9:02 PM, WandY said:

I agree that's it is hard to get approved. But I disagree about front-loading. No need to provide beyond what they ask. You had a lot of stuff and they didn't care. I mean, 2500 text messages separated into folders? Nobody cares about that.  I only had what they wanted and that's all they looked at. Front-loading is a myth. Provide what they ask - no less, no more.

Someone who understands!

2500 texts could be a chatbot script prattling about.

If more consulates would allow petitioners to attend it would rule out a lot of these indiscriminate denials.

On 9/19/2019 at 6:04 PM, geowrian said:

I sure hope GE makes the process simpler...otherwise my wife and I wasted a bunch of money.

 

In all seriousness, yes it does make going through immigration easier and quicker. And TSA Precheck is nice too.

That said, you still go through normal customs.

No, you really don't.

I've used GE a dozen times in the last two years and once you get your paper/photo from the GE kiosk you simply walk down the GE marked lines and are done.  If anything you'll have basically head of the line privileges.  At every POE I've gone through (SF, LAX, DFW, PHL, EWR) its literally walk in front of several plane loads of people and done.  I would have missed about 6 connections (Delta schedules 1 hour for a connection from DFW to PHL... lol going through immigration/baggage claim and customs in 1 hour without GE.

If you have a HSBC CC they credit $100 to your GE fee, several other CCs do it, but HSBC is no annual fee.

10 hours ago, wingman23 said:

from the east coast but reserved a space from stratosphere, las vegas. we made a deposit but before doing so, my fiancee made sure that it's refundable. we ended up cancelling it because the date we anticipated won't happen at all. 

You have to admit Vegas is not the rest of the country... you cancel on them they have 50 people lined up after you to take your place.  A local caterer/photographer/music/church has to be secured with a non-refundable deposit.   I'm sure their are exceptions... but that's a pretty standard rule.

Even local fire halls (we call them hosey's) have wait lists in my neck of the woods.  

As for the RFE, I copied the exact template off this site.  Had my fiance sign hers and scan a copy to me.

Dear Sir or Madam:

I visafrompa, do hereby state that I am legally able and willing to marry fiance , and intend to do so within 90 days of her arrival into the US using the K1 visa.

Sincerly

visafrom pa

 I'm leaving for Philly to fly to Shenyang 3 hours from now, guess what I used for my letter of intent?  The exact same sentence.

On 8/29/2019 at 11:45 AM, Hemutian said:

because another Chinese woman

No offense, just my observation as a long time laowai:

You married a Chinese women and are just NOW realizing that no matter what you say, if a Chinese person says otherwise THEY are right?

Man, you're in for a tough time.

6 hours ago, bellsbells said:

but this costs about $1000 and it's unclear what exactly they will obtain for you

They will tell you what you already know.  I can do that for $500.

Does he have the X2 visa paperwork?  A report card from the school?  He lived and studied in Shanghai for a year, it's a school in a Tier 1 city.. the school should have paperwork on him.. how long ago did he live there???  You can't live in a foreign country for a year, go to school (which entails visas, enrollment, tuition) and not have ANY paperwork.

Look at it from the PSB's point of view.. they need SOMETHING to at least put you in the city for the time period you say.

On 9/2/2019 at 9:50 AM, samnrong said:

3) Is your employment letter from your new employer and state your new salary (it is a bit hard to tell from the way you worded your question)? They are interested in your current salary, as they are looking towards the future. If letter is from new employer, being slightly outdated (a month or two) won't matter. If letter is from old employer, it's worthless. Get one from new employer.

Actually, I don;t think so:

9 FAM 302.8-2  (U) PUBLIC CHARGE

"(e)  (U) To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules.  If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data)."

Computation of 9 FAM 302.8-2  (U) PUBLIC CHARGE is based initially off the prior years tax return/transcript.  If your 2018 return shows that you do not meet the 100% poverty guidelines you need supporting documentation to show assets.

While the I-129F does ask for CURRENT employer and income, the FAM clearly states the tax transcript is truly the most important document, if the IO has some reason to question your income, the secondary evidence is the letter: "or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data)."

So OP should use 2018's Income and get a letter from the new employer, although I don't believe that it will matter.  You either meet poverty guidelines or you don't

YIKES!  Thankfully google voice held up the entire hold period.

got the Invoice number and the operator told me my case was in Guangzhou already (which I already knew)

On 8/30/2019 at 12:53 PM, shassans said:

now i have visited him and had the Nikah ceremony

You are married now.  You need to do the IR-1.  The K-1 is no longer available to you.

14 hours ago, ShayrineC said:

but includes my fiance as a (partial) dependent,

Why would he claim something that does not exist?  You either provide support or you don't.  

14 hours ago, ShayrineC said:

Fiance will only make 125% of FPL in 2019

2018 are the numbers you need to use.  

14 hours ago, ShayrineC said:

Tax returns for 2017 and 2018 are less than 125%

2017 is irrelevant.  For I-134F the number is 100%.  Did he make 100% 

14 hours ago, ShayrineC said:

my fiance lives in his house

That doesn't matter.  The age does:

The child must be 18 or younger at the end of the year, or under 24 if a student. To be a student, the child must have attended school full-time during at least five months of the year. The five months don’t have to be in a row.

So the fiance is 19 and not going to school they are not an IRS dependent, and therefore not a dependent on the I-129F

On 8/31/2019 at 11:10 PM, wingman23 said:

provide them your plans for the small civil wedding - reception reservations, catering reservations, party reservations. you can also attach receipts of the dress that you bought or pictures of the intended dress. invites will also be a good proof that you are going to marry each other.

yes, the intent to marry letter needs to be updated.

How can you make reservations when your fiance is not even in the country?   You're also told in most Consulate FAQ's to not make any arrangements until after the K-1 is issued.

Also 'photos of wedding shower' is contrary to posted information that you should have absolutely NO party/gathering or anything in the foreign country that could REMOTELY be considered a wedding ceremony.

I think 99% of the people get away with a simple two sentence letter "My name is X and I want to marry Y.  Sincerely, X"

On 7/25/2019 at 12:26 PM, MeghanK said:

even more so for high fraud

Do you have a list of these 'high fraud' countries?

Everyone says this, but I've never seen an actual list.  Do you know of one??

23 hours ago, ANISELGHRAIERI said:

Missing information in application further  reciew

You missed something.  You I-129F was most likely OK as USCIS would not forward it to the NVC if they are waiting on an RFE.

Usually you have to send information to the Consulate once they get your packet, you may have missed something.

From reading many, many posts on VJ it seems that most IOs won't give you a second chance once the interview starts unless its for something very very minor.

They will 221(g) you and go to the next person.  

Think of it from the PSB side.. a random woman comes in and asks for a Police certificate of no crimes.  OK.  Where?  When?  Who?  You have to have SOME documentation to prove that you were there.  What time frames and even what city/village.  

Did she have a work visa?  Pay stubs?  Mail?

And sadly, your experience may only be for that city.  So even if you do find what you are looking for, it may not work at all in another city.

But good luck.  Tickets to China in Sept Oct are DIRT CHEAP.  East coast to PEK is $399!

21 hours ago, Hemutian said:

 

For our consulate (Guangzhou) , the instructions do specifically request *tax returns* (in addition to *tax transcripts*) for self-employed persons such as myself. But as you said, these instructions vary from consulate to consulate.

If you read my post I stated:

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/GUZ-Guangzhou.html#pre_interview_checklist

For returning residents (SB-1), diversity visa (DV), and fiancé (K1): The sponsor or petitioner who will financially support you should complete a Form I-134 and provide a copy of his/her IRS-issued tax transcript and all supporting financial documents needed to verify the income reported on his or her tax returns - i.e. W-2 form, 1099-MISC form, proof of rental income, proof of business income, proof of social security benefits, etc. for the latest year available OR a statement of why the petitioner did not file federal taxes. If your sponsor does not meet poverty income guidelines, you will need to find a joint sponsor and have them submit a Form I-134, IRS-issued tax transcript, and all supporting financial documents.

The I-134 is is a general form.  The web site is SPECIFIC to that consulate.  The I-134 is used for many other visa types.  If your P3 says tax returns I'd like to see it.

Also, if you read the FAM (have you?  Have you read the FAM?  I have).  Its pretty interesting when you realize that there is the real world, and the bureaucracy, seemly live in separate realities.

This really sticks out:

(3) (U) Use of Form I-134, Affidavit of Support:

(a) (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, has been reduced considerably.

The I-134 is garbage.  It's not legally binding w/r/t (U) PUBLIC CHARGE - INA 212(A)(4)  like the I-864 is.  You sign the 846 and you have a legally binding contract that you will ensure that the immigrant will not become a public charge.  The I-134 is has no such meaning.

Will the IO accept tax returns in lieu of transcripts even is not (C)(1) Self employed?  We know they do.  But the 'more correct' answer is the Guangzhou consulate SPECIFICALLY requests tax transcripts.  But again, the transcripts are the exact same thing in easy to read format.

Are we done here??