BandQ

So I'm looking for some opinions on how the following may affect a case:

Due to to volatility of time it takes for an application to go from being submitted to being issued, my fiancée and I decided to have a courthouse wedding first then the actual ceremony later. We know this is not a problem, as most couple do it this way, but of course that means we have not much to show for when it comes to wedding plans as proof of a bona-fide relationship at the interview. We came up with the maybe not so great idea of stating our plans in our Letters of Intent to marry. 

So question here, could that be interpreted as the petition being for immigration purposes? As if another way to word it would be "We are doing the courthouse wedding only for the purpose of fulfilling our end of the bargen." 

Any thoughts??

On 4/12/2023 at 2:05 PM, WandY said:

Send exactly what they ask for. I have always been against "front-loading" for any purpose. The whole notion of it may have caused you problems. Give them what they ask for - nothing more. I've dealt with the HCMC consulate several times - it can be difficult. The fact that they took her passport is probably a sign that you are close to approval. Give them what they want (quickly) and nothing more. Unless there's something major, you will probably get the visa.  

Anything that is front loaded on the 129f the officer HAS to review it. There is value in front loading as the officer is allowed to refuse looking at new evidence at the interview, even though ethically, they should be required to do so.  

This is what adds to my frustration, they were required to observe these documents on the 129f but are still asking for them. 

On 4/12/2023 at 2:12 PM, TBoneTX said:

Why was this?

Seriously, I have no idea. The information we tried to add was the information that was on the blue slip from our first k1 application, the front desk kept giving it back to us. After a few times, I sternly asked her to take it and she said she didn't need it. I didn't press further as we front loaded this on our 129f.

On 4/12/2023 at 8:06 AM, jan22 said:

I think we understood what you were asking the fIrst time.  However, there is no way anyone on the forum can guess what might have caused the concerns with the limited information you provided here.  A couple of things for your consideration:

• Every application goes through a stage of final administrative processing after the interviewing officer says it's approved.  Part of that is a review by a senior officer.  This can result in a request for additional information or take some time for final security checks.  It is normal and not personal to your case --although I know it seems very personal right now.
• You haven't supplied information here that would help pinpoint any additional concerns in your case.  You said this was your "2nd attempt", which implies something went wrong on the first attempt -- did this attempt "cure" (i.e., correct or resolve) whatever that was?
• You describe the letter as a "generic" one that they give to anyone not approved.  But, it specifically states that the officer did not believe you had a bona fide relationship and that you needed to provide information showing the relationship was for more than an immigration benefit.  The rest of the letter is generic -- and likely has to be since they do not know what types of information you might have concerning your relationshIp, so they cannot be more specific.
• Again, you have more than a clue on what is concerning them about your case. The Ietter starts with a statement on what is of particular concern --- they don't believe your relationship is real; rather, they believe it is for immigration purposes only.  We don't know why that is, but if you think about everything you submitted and what was asked and answered, maybe you or your fiancee do (or can figure it out).  Maybe something from the 1st attempt?  Maybe something confusing in your fiancee's family paperwork?  Maybe some thing in the timeline of your relationship?  
• The root of the problem has been identified -- whether you agree that is a valid concern or not -- so you do not have to "blindly" send documents.  You can make sure what you send adds to the picture of your plan for a loving, committed, lifelong relationship.
• Until you submit something to address what has been requested, your case will not move forward.

• This information is helpful as I was not aware that there was an internal post-review. My Fiancée and I have been following other example of cases specific to the embassy in HCMC. This location has a habit of handing out this same generic blue slip on most cases, then at the follow-up interview either approve or eventually return the petition to NVC/USCIS. When couples of all sorts of history and backgrounds are getting the same slip, it's hard to determine what is officers concern with their case specifically. This is extra difficult for us as we can't really gage what those concerns are with our experience at the interview since the interviewing officer didn't see a problem with us. He asked me the petitioner (P) and my fiancée (B) the following questions: She answered in english
  • (P) Where did you meet your fiancée?
  • (P) When was your first in person meeting?
  • (B) Where does you fiance work?
  • (B) What does he do for work?
  • (B) What year did you last meet? (She fumbled this a bit. She didn't hear the question well and thought we were still on the topic of work. She answered "9 years" as in how many years I worked at my employer and noticed the confusion. I clarified she was talking about how long I worked at my employer and compassionately reworded the question for her. The officer was satisfied with her new answer and my response to her confusion).
  • (B) Who cooks better (Me obviously. The officer saw her playful answer and my reaction and laughed).

The translator gave my fiancée back our original copies and explained to her that she will be getting her visa mailed back with her passport. When the officer congratulated us, I asked for clarification as to why he didn't see our evidence. He stated he was already motioning to approve.  

• Some background information in regards to our first attempt. We applied to for a previous k1 where we got this same blus slip + additional info not asked for this time around, sent the required info where it eventually was sent to USCIS as "The Petitioner and Beneficiary have failed to establish they have a bona fide relationship." This was somewhat understanding as we deduced the issues to be:
  • I didn't attend the interview because of covid (At this embassy its a big hill to climb if the petitioner doesn't join.)
  • Language barriers (not with me as we can communicate with each other in her broken english, but with the officer) 
  • We only met twice at the time of petitioning. We had plans to visit again post petitioning but before NOA2, but those were canceled as covid had happened. 
  • We didn't have the customary ceremonial engagement party. This was going to occur during our canceled trip.
  • The amount of photos. She had about 12 of us together but the officer kept asking her for more photos at the time of the interview. 
  • She answered every question correctly but one. She didn't know exactly how much I made per hour when asked. She knew what my salary was, but didn't know the exact hourly pay. She only answered that she didn't know. I explained after that she is allowed to answer what she does know next time,

This time around we visited more, had our engagement party, made sure to take way more photos of ourselves and family, improved her english, and went over how she is allowed to answer questions when she doesn't know specifics. Also a major thing, Covid restrictions ended so yeah.

• I have seen with previous posters that they were told specifics as to why the officer didn't believe in a bona-fide relationship in thier OF-194. example: Didn't have and engagement party. Short courting. Only met once. ect. I was extremely confused as to why there was no specifics both interviews and are getting a repeat of what occured last time despite doing significantly better and fixing our assumed red flags. 
• In this case the root of the problem has not been identified. Getting the old generic letter despite addressing all of the previous issues means there is a perceived flaw from the officer that we have no clue what it could be. Rather than being adults and being transparent with what could be an easily fixable concern, they are playing games. I'm not going to let them do whatever they want to us in this game so thats why im looking to see if there is anyway to get more clarification before sending in the required documents.
• I am aware this will not move forward until then, I'm just looking for insites.

On 4/11/2023 at 4:31 AM, carmel34 said:

The blue letter is very clear--gather and submit all of the documents requested, follow the instructions exactly to the letter.  There seems to be something in the case file that a supervisor was concerned about.  The sooner the documents they want are submitted, the less time you will have to wait for a final decision.  Be very thorough and complete, don't leave anything out, go above and beyond with evidence.  Vietnam is one of the countries with a history of immigration fraud, I recall one big case in Houston a while back, here's a link.  Hopefully you can overcome their concerns and eventually get approved.  Good luck!

 

 https://www.cbsnews.com/texas/news/mastermind-behind-houston-based-marriage-fraud-scheme-sentenced-to-10-years/#:~:text=Local News-,Mastermind behind Houston-based marriage fraud scheme,to 10 years in prison&text=HOUSTON (CBSDFW.COM) —,dollars in fines on Thursday.

I think I need to clearify a couple of things. This is a generic slip that is sent out by the embassy when they don't aprove it during the interview. The information they request is not specific to our case. That's why there are requests for ex-spouce information when we clearly mentioned that non of us have been married before, or why it requests family tree Info despite the officer seeing me in person as completely different nationally and race. 

What's particularly odd is that after congratulating us on the aproval, the officer told us to our face that they will be sending her passport back with the visa in it, only for this decision to be overturned with a generic blue slip.

If a supervisor had found something to be concerned about, why send a generic slip? What we are looking for is to get some clues on to what is it specifically that is concerning in our case. We feel that by just blindly sending the requested information that it wouldn't tackle the root cause.

1 hour ago, biscoito1r said:

Are you a Viet Kieu ? I've heard that they usually give Viet Kieu a hard time on K1 due to a lot of fraud that took place like uncles marrying their nieces. I see that they're asking you for a family relationship form. What is the status on your https://ceac.state.gov/ceacstattracker/status.aspx ?

I think the only thing you can really do right now is gather all of the documents and make an appointment to have them dropped off.

Did you get interviewed by an young officer with a tattoo on his right arm ? He was the guy that interviewed us and he was indeed very friendly.

I do recall that it was the same officer. I am actually half white half mexican, native born American citizen. When the officer congratulated us he saw our excitement and we overheard him remarked to the translator next to him how cute we were as we were walking away. There was no indication that he was suspicious of anything. It feels like there is some internal problems at the embassy as they took her passport, then sent it back to her refused. 

To add to this, the actually accepted signed documents stating we were never married before, and yet, here they are asking for ex-spouses. 

So basicly as the title had mentioned. I attended the interview with my fiancée where the officer both asked us questions. He was extremely friendly and asked 3 questions to us each. The officer congratulated us both and kept her passport informing us that she will receive her passport back in the mail with the visa. Here is the kicker, they did not ask to see any photos or any evidence of our relationship. Instead they told us to go home.

Fast forward to today, she received her passport, but with a blue slip instead. The slip basically asked for the information that we brought with us at the interview but the front counter refused to take, as well as it is NOW asking for the evidence of relationship.

I am absolutely livid right now as this is our 2nd attempt. With the difference being I was able to attend the interview this time around and front loaded the visa. Is there a way I can contact an officer directly to get this addressed immediately.

Update on mine for anyone looking at an idea of how long it might be for you.

Dec 20th: Noa2

Feb 22nd: Received case and invoice number. (This was the exact day because the day before they did not have it yet).

Mar 1st: In transit

It takes about 2 months to create the case at the NVC and another week for it to be on its way. 

I am a May 13th filer. Tomorrow will be the day I can inquire my case about being outside normal processing times. Does anyone have any experience with how long it takes to get a response?

10 hours ago, Optimist19 said:

May updates for today.  @Etherial and I have been comparing our numbers, and there are slight differences most likely from different timings in updates between the USCIS website and the case tracker app. Our numbers have been very close though (the May spreadsheet is updated based on her numbers--thank you for continuing to update this!) 

 

84000: 1 Approval (0 new / 1 in progress)
84500: 1 Approval (0 new / 1 in progress)
85000: 5 Approvals (0 new / 5 in progress)
85500: 1 Approval (0 new / 1 in progress)
86000: 2 Approvals (0 new / 2 in progress)
86500: 2 Approvals (0 new / 2 in progress)
87500: 1 Approval (1 new / 0 in progress)
88000: 1 Approval (1 new / 0 in progress)
89000: 1 Approval (0 new / 1 in progress)
90000: 1 Approval (1 new / 0 in progress)
91000: 4 Approvals, 2 RFESs (5 new / 1 in progress)
91500: 1 Approval (1 new / 0 in progress)
92000: 2 RFESs (2 new / 0 in progress)
92500: 1 Approval (1 new / 0 in progress)
93500: 5 Approvals, 3 RFESs (7 new / 1 in progress)
07/25/22: 36 Total Updates: 28 Approvals, 7 RFESs, 1 Other (Notice Explaining USCIS Actions Was Mailed)

 

May (36) + June (91) = 127
 

So it looks like they are moving into June. 87500 group here, I'm feeling great about now.

Correct me if I'm wrong put I went through 87500 - 87600 and the only applications that have not been touched are from May 13th and 14th?

We had our k-1 visa interview in Vietnam back in February and was refused under 221g request for further evidence and was instructed to provide additional documents such as

• Proof of who paid for plane Tickets
• Evidence of relationship
• Family tree docs
• Letter from the petitioner about how we met.
• and other documents

One important thing that the consulate didn't take the first interview was supporting evidence to go with form I-134 affidavit of support like my Tax returns, stocks and bonds that was required to attach as instructed on the affidavit, and my retirement that was also required to provide if stated on the affidavit.  

For our Follow-up interview today my Fiancée went in, gave all the required documents for out 221g and the missing documents for the affidavit of support to the officer. They called her back and gave all the documents back except for the family tree documents after only 10 mins. This was 700 pages of stuff with proof of evidence being about  2/3rds of it. (Amazing speed reader apparently ) They told us to wait as they need time to make a decision. Also, they refused to take the supporting information for the affidavit of support again with my fiancée this time insisting that they take it as it is part of the affidavit.

I want to ask if this is this normal? Why do they need time to make a decision when they literally kept nothing. We can tell that the officer went through the documents in a rush as they are bent and crinkled in the corners. If they went through the documents why did they not make a decision now? I honestly feel like This is ridiculous and no officer is taking our case seriously.  

I am currently filling out this document. I am looking for some opinions in how I adress an issue I have. There a quite a few family members on my mothers side that we are estranged from. Long story short, abuse and criminal activity has caused myself and my immediate family to distance ourselves from them. Getting some info on them will be impossible, nor do we want any way of them contacting us. What should I fill in for info we cant get?

So after numerous months our K-1 Visa is finally moving past the NVC stage to the embassy consolate in Ho Chi Minh. When checking the status on CEAC website it states:

"Your case is in transit to the Consular Section. Your interview date was provided to you by the National Visa Center."

I just have a few questions:

1. I was under the impression that we got to choose the interview date online. Although not necessary, I was hoping to attend the interview with my fiancée in order to score extra brownie points, but it will be borderline impossible to get the time off with my employer unless we have some flexibility to choose the interview date.

2. I also thought that submitting fees and affidavit of support was done online as well. When signing online, it states to do DS-160 (which I did already) where do I go about making payments?

3. @Greenbaum I was told a while back there was a welcome type letter for the embassy in Ho Chi Minh that you might have for me? If that could answer my questions that would be great! 

How did anyone go about expediting with thier case at the NVC? I tried my consolate and got a generic email about needing to expedite at the NVC, then sent to the NVC and got a generic email about about K-1 visas already expedited. 

Edit: I 'm sorry, this thread is in reference to IR/CR1 visas. My Apologies.

10 minutes ago, Paul & Mary said:

K1's received prior to the COVID closure are being processed.  All new cases are held at the NVC.

Okay, prior when HCMC mentioned "The Consulate is conducting interviews for holders of IR-1, IR-2, CR-1, and CR-2" it was pertaining to Visas in these categories that had interviews canceled around the shutdown in march. It sounds like k-1 was added to the list but only for the interviews that were canceled just like the other categories?

Not too long ago, I think about 2 or 3 wkks ago that the Ho Chi Minh consulate website mentioned 

"The Consulate is conducting interviews for holders of IR-1, IR-2, CR-1, and CR-2"

I checked today and the wesite now states: 

"The United States Consulate General in Ho Chi Minh City remains unable to resume full routine immigrant visa services at this time." With no mention of the other visa types anymore.

I've been patiently waiting for k1 visas to start processing again but my case is still stuck at NVC. I expedited my case but the NVC emailed me stating K-1 visas are already expedited? Im getting mixed messages here. 

4 hours ago, FU-MY said:

Good morning Greg,

 

Are you saying that the Consulate may not re-start interviewing until the flights from the US resume in September?

I don't understand the connection between the Vietnamese government allowing US persons back to the country and the US Consulate interviewing Vietnamese for Visas?

 

Thats a good question. A good chunk couples go to visa interviews together in Vietnam even for k1 visas. The idea is that it hopefully helps prove a bonafide relationship if the petitioner takes the time to fly over. September 1st is just an educated guess as the embassy may be taking peoples availibity to join in into consideration.

On 5/26/2020 at 5:51 PM, Greenbaum said:

I advocate to people that you are interviewing at an embassy and the embassy has their personal instructions on how they will process the K-1 visa. If you or ANYONE else goes to their embassy's website there is information that will help in the processing of your visa. Now I have done some of the heavy lifting for you now you need to do the rest. Here are the instructions on what to do.

 

“The U.S Consulate in Ho Chi Minh City has received your K visa application for processing.  You should download the instruction package on our website at   https://vn.usembassy.gov/packet3k for information on how to apply for a K visa to the United States.  Please read and follow the instructions carefully.

 

Your case is filed under your name and case number as shown below.   When communicating with this office either in person or through the online inquiry form at   https://vn.usembassy.gov/ivcontact, please provide your name and case number exactly as shown in this letter.    If you wish to update your personal information, please follow the instructions at: https://vn.usembassy.gov/ivupdate.”

Thank you! @Greenbaum, you have been a blessing! Would this information be the same in the P3 or should I be asking for a copy?

6 minutes ago, SumayyahS said:

-The affidavit of support is given to your fiancé to take to the interview

-payment depends on the individual embassy. If you make an account ustravel docs and learn how or just check out your embassy’s page.

-exams also depend on the individual embassy as well. you can look up the board panel physicians for your embassy (I found mine my embassy’s travel.gov page) and call or send a email. 

we are entering the point where the process is not uniform anymore. Procedures vary from country to country. So we just have to research and find people who have timelines similar to us to share information. There are also other good country specific or region specific forums on here to use as well. Hope this helps some.

Seriously, this was supper helpful. Thank you!

40 minutes ago, SumayyahS said:

K1 is a immigrant visa treated as a non immigrants visa because of the conditions are based upon marriage after arrival. They kind of group us with spousal with some differences. So you will get a lot of messages that really pertain to CR-1 (automated). You don’t need to create a account just go to the ceac site and complete the DS 160 under non immigrant. You can also check the status of your case with your number just make sure to select immigrant when doing it. It’s all in the pdf as well. 

 The thing is, I know how to track. the actual tracking states "AT NVC - Please follow the instructions you received from the National Visa Center (NVC) that list the six steps you must take before NVC can schedule your visa interview appointment. This includes submitting to NVC various fees, forms and documents."

The google doc is great but it just didn't answer my questions.

• Where and how do I submit a copy of affidavit of support?
• Where do I pay the fees
• schedule a medical exam?

The Doc just glosses over these implying that nothing needs to be done between getting the NVC tracking number/invoce ID number and setting up for the interview. 

My problem was that I was provided my tracking number but not aware that I needed an invoice id number as well. luckily I just called in and was given my invoice id number. I was also informed that because of the pandemic that The embassy would be sending out notifications/letters as soon as they open up, as a courtesy I was provided my information by the NVC rep anyways.

1 hour ago, Greenbaum said:

 

If both of you were to go to the first page of this thread and the first post where you will find my tips, tricks, and hacks PDF for this stage you are in. It has answered your question there as others have asked it hence, I decided to create a PDF to address your questions, even before you ask here. If you don't understand something after reading the PDF, then post your question and I or someone else will give you clarification to address your situation. 

Ahhh I was under the impression that you need to create an account with CEAC account first to get to form Ds-160. The very first thing that the travel.state.gov website states after getting the petition approved

"After USCIS approves your petition, they will transfer your case to the Department of State's National Visa Center (NVC) for pre-processing. The first step in this processing is the creation of your case in our system. Once this is complete, we will send you a Welcome Letter by e-mail or physical mail. With the information in this letter, you can log in to our Consular Electronic Application Center (CEAC) to check your status, receive messages, and manage your case."

I couldn't see any mention of form Ds-160 anywhere on the .gov website and figured it would be in a future step after creating a CEAC account.

I can not find any information on what to do next. I have a questions that I would be grateful to have clarification on.

Right now I have my case number and when I try to create a CEAC account it asks for my case number AND invoice id number. Where am i supposed to get that??

Im really confused as to where to send my affidavit of support pay fees ect.