toddandhien

We were deeply saddened when Linh called the other day on her way to VN with this terrible news. So sorry for your loss.

Todd and Hien

As stated before but you seem to need reminding. Follow the suggestion you made earlier. Practice what you preach but maybe that is not done outside Texas.

Tex, this Yankee sure as hell doesn't need preaching from you. You hear what you want to hear and have a mighty high view of your own musings.

But, at this stage, I have hijacked Scott's thread enough.

Good luck, Scott. Unfair and somewhat random as the process is, stick with this thing. We are (mostly) all with you.

You need to take your own advice and not try to silence people unless they agree with you wholeheartedly.

I don't care if you agree with me or not and not trying to silence you. We are all entitled to our own opinions and views, which really is all that one can offer here because nobody truly knows what gets a visa.

My suggestion was only to get off your holier than thou perch and appreciate that someone outside the Lone Star State might have a point worth considering.

Well think again. You told us that you were both married when y'all met. Then after y'all met you both divorced. This is a huge fraud red flag at this consulate. Much fruad has happened at this consulate by marrieds divorcing and remarrying anew and then after getting the permanent residence and then divorcing and remarrying the former spouses. Then conveniently when you need something signed by the ex he can't be found at all in a country that anything can be done with money. And then there is the red flag of your ex wife being in prison. All together since you came here and we learn more I cringed when you were applying knowing that it was going to be hard for you but of course you always have came on as an expert and advised everyone how to go about getting their visas without successfully doing so yourself yet. Now we can all see if the highly "can't miss" front loading will work. As it stands now I am surprised and I probably would have just denied you already and possibly banned for fraud. It looks like they are being careful though and giving y'all a chance to prove this is no fraud so that is good for you.

Not sure how "y'all" became the self-appointed expert on red flags. None of us know why Scott is in AP, and your supposition is as good as anyone else's. Being a condescending a$$ to other long-term members is why people get turned off from message boards like this.

If you think that Scott is somehow ruining your experience or violating terms of use, you should report him to Capt. Ewok. Otherwise, chime in when you can add true value and avoid the reply button when you just want to pick a fight.

And BTW, nobody ever said that the front-loading of an application was "can't miss." Some advocate its use and others don't. Fine. There is NOTHING that I have seen on this website that tells us what WILL and WILL NOT work. Each person advocates processes based on his/her own experiences or beliefs. You don't find me bashing you every time someone gets denied and had not front-loaded their application, though I would be happy to if you wish. There are many more who fail without it than with it.

Scott & others in AP: Inquiries about your case should continue to be sent, but don't expect too much in return from the email. Getting worked up or overly anxious isn't going to help your case or your mental health. I know how anxious you are about getting results whether its a denial or approval, but you guys should let the process take it's course.

Patience is key, but just remember that everything will work out in the end!

Linda, I completely disagree with this advice. It is true that everything works out in the end. However, it does not always work out favorably.

Having an overly optimistic attitude and approach in this circumstance is not prudent, IMO. If it were simply a waiting game and it was certain that the visa would be forthcoming after some period of time, then I would agree with you. Just go about your business and wait for the call. However, that is not the case here...actually far from it.

I am not advocating high anxiety, I am advocating for a prudent and well thought out course of action, with emphasis on the words prudent and action. I believe that Scott should employ all reasonable methods available to him to get the case reviewed by a CO quickly and with a favorable outcome. I only advised that repeated e-mails answered by staffers was an ineffective method of getting the needed attention on his case. But other, more direct methods are certainly called for here.

Dreaming, hoping and trusting do not get results. Action gets results.

Scott, stick with it.

I am aware that I will still need a work permit. I already have all the required documents needed to obtain it. Also the schools will be the ones that will get the work permit as I am sure you already know. But my first concern is getting the 5 year visa. I actually go to work in June for one month then pending my performance they will give me a 2 year contract and get all the work permit paperwork done. Jerome

The 5 year visa exemption only allows for a 90 day maximum stay per entry. It is intended for tourist activity, not for long-term living.

I strongly suspect that the 4 month original validity is used to close a case when there is no response to either Packet 3 or Packet 4. That way, they are not waiting forever on cases where the petitioner or applicant is non-responsive. As long as things are in process, they will extend the validity automatically as long as necessary. However, I don't believe that they actually "extend" the validity by putting a new expiration date on it. Rather, when they get to processing it, as long as it is active in the system, they will continue with it regardless of the original expiration date.

In response to Bernie's comment, one does not have to request an extension. We were in AP at NVC for about 5 weeks, so when our case got to HCMC and started to be processed there, I worried that it might expire. I e-mailed and asked the question and they said that there was nothing that needed to be done; it was common for time to run out and that as long as it was being processed it would be "automatically extended."

Scott, the expiration is really a non-issue. The thing that is of real importance (IMO) is getting a CO to look at your case sooner rather than later. I would focus all of my energy in that direction if I were in your boat. Don't waste your time with e-mails that are answered by VN girls (no offense to VN girls, I am married to one) who staff the customer service positions. They give canned answers in literal book english. you want action not words.

Scott, excerpt from the Consulate FAQ section on K visas:

"1. Extending the Petition

The I-129F petition is valid for four months from the date of approval from USCIS. The validity of the I-129F petition is automatically extended by consular officers if it expires."

I don't believe they are playing word games with you. I'm pretty sure this e-mail was answered by a VN staff person so you are getting a very literal answer based on that person's interpretation of what you were asking.

I believe that the distinction they are drawing is that when you are formally in AP, they tell you that no further action is needed from you. When you have been blue-slipped with specific information requested by the consulate, you have one year to get the documents in or your case will be closed. See excerpt below (emphasis added):

"Section 221(g): This section of the INA states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient. Beneficiaries may submit the additional information or documents either via registered mail or in person at the Consulate as scheduled on the OF-194. Beneficiaries should include the OF-194 requesting additional information. Beneficiaries are encouraged to submit the requested documents/information in person. Note: applications refused under Section 221(g) have one year from the refusal date to submit the requested documents/information. Failure to do so could result in the termination of the case."

http://mienthithucvk.mofa.gov.vn/Default.aspx?alias=mienthithucvk.mofa.gov.vn/en

suggest reading posts over the last 6 months on this topic as there are subtle nuances required that are not included on the website.

The one year does not apply to AP cases as noted in this excerpt from the revised website:

"If the OF-194 stated that “further administrative processing” is required, the beneficiary does not need to submit any documents and must wait for our consular officers to review the case. We will contact the beneficiary when the review is complete. Please note that the one year period does not apply in this type of denial."

So for the money transfers, it would be ok if I decide not to put proof of that with my petition? I was thinking about that as a red flag I would need to address but maybe it's nothing to really worry about??

Carl

What's the red flag that you are trying to address? Self-employed stylists are common in VN and I would avoid the money thing. Focus on your visits there and the documentation of your relationship. And why are you sending her money so she can pay for things when you are there? Just bring USD and convert to VND upon arrival.

I skipped the ToC and used tabbed dividers. I labeled the tabs so that upon quick inspection, you could find what you were looking for. The CO never looked at the books I prepared but they were pretty usable and were good for reviewing with Hien before the interview so she was comfortable where to find all the info.

I'm not sure, but i have RFE letter before i recieved the transfer letter. I recieved RFE around feb 18 then i sent RFE, on March 8 i got the transfer letter.

How long did it take for you ( TODDANDHIEN) to recieve your green card..

Took 5.5 months from filing to receipt. see details below or click on our timeline.

Adjustment of Status

Event Date

CIS Office : Portland ME

Date Filed : 2009-09-02

NOA Date : 2009-09-14

RFE(s) :

Bio. Appt. : 2009-09-30

AOS Transfer** : 2009-09-24

Interview Date : 2009-12-29

Approval / Denial Date : 2010-02-04

Approved : Yes

Got I551 Stamp : No

Greencard Received: 2010-02-16

Comments : Transferred to CSC on 24SEP09; Transferred to local office on 04NOV09; First interview date on 10DEC09 but requested reschedule due to travel plans

Do you mean just the X-Ray envelope? If so, don't worry, nobody cares about that now that you have been approved. Just don't open the sealed brown envelope that they give her when she picks up her visa.

We got this notice, too, and thought we would have no interview. Later, we got another letter stating that the file had been sent to our local office and we did end up having an interview. Not sure why.

Congrats!

Same with Social Security. The lady at the SS office used the code VM and I asked her why she did not use VN. She said that the official Government abbreviation for Viet Nam is VM.

A good indicator is the source itself--the USCIS website. It contains comprehensive information for the individual service center as well as the national processing rate. Check it out here:

https://egov.uscis.gov/cris/Dashboard.do;js...xhKHrJ18SSscNBs

Both California Service Center and Vermont Service Center are processing K-1/K-2 applications around 5 months. So add about a month to get your interview date, and that's about 6months...

Current average time (last 6 months) from receipt of package from NVC to interview at HCM Consulate is 76 days. Take 5 months, add 2.5 months and some additional time to get the package through NVC (assuming no delays there) and you are close to 8 months.

I agree with your first point I did pull CR1 not K1 force of habbit. The information I gave about CR1 is accurate I assure you.

Yes, the data you provided was an accurate accounting for what happened last year. However, as mutual fund companies say, "past performance is no guarantee of future results." Holds true in this case, as well. The only thing that we can do with the limited population in the VJ database is to look at general historical trends and use them as rough benchmarks for what MIGHT happen in the future.

Bryon, this is misleading data.

First, the OP is filing K-1 and this data shows I-130 dates, not I-129F dates. The processing times for these two different types of visas (fiance(e) and spouse) last year were completely different. K-1 visa processing times to NOA2 were flat all last year until about August.

Second, this is data for a particular period of time. What happened last year was based upon a host of complex inter-related variables, about most of which we do not know. This year, the times might be the same, shorter or longer. Nobody knows.

And Third, The OP asked about time to interview. Looking at the data for the last 6 months, one might assess that the time to interview would be around 7 months, factoring in time to NOA2, time to NVC, time to Consulate and wait time for interview.

Scott's estimate of 6-9 months is a good one for people to use when petitioning for a fiance(e) in Vietnam. Our experience was on the long side - 9 months - because we were stuck in AP at NVC for 52 days; most go through NVC in a few days. But those are the things that can happen, so petitioners are wise to plan for a broad range of possible durations.

It will actually vary by Service Center, as well. Suggest reviewing Immigration Timeline data here on VJ for most accurate historical assessment.

Bryon, she does not need anything to leave. Not a Ho Khau and not money. Just tell her that if they start giving her a hard time to stand her ground. The passport control folks don't want undue attention, so it will not last more than a few minutes at most.

Scott, the following sentence can be read in two different ways: This requirement applies to both of your previous spouses.

You read it as both of Scott's previous spouses. plural but for a single party. You could also read it as (and I suspect that this is what they meant) both Scott's and Thuy's previous spouses. singular but multiple parties.

Think about how people actually talk and you will realize that if you wanted to make reference to the previous spouses that you both had, you would say "both of your previous spouses."

English vernacular not easy for Americans. Harder for folks who learned it as a second language.

I suspect that the paperwork you had was good to go.

It does not say that it cannot start with MSC. It says, "It begins with three letters such as (EAC, WAC, LIN, or SRC)." Those are examples, not an all-inclusive list.

We just completed AOS and I tracked all three of our MSC receipt numbers (for I-485, AP and EAC) using the USCIS website, including text and e-mail alerts, throughout the process. MSC receipts are not a problem.