pasaitoh

Just to update, Ngoc and I entered the US together yesterday! Going to get our marriage license today and getting married Saturday!

Awesome! Congrats!

Congrats! When you get a chance,can you please fill us in on what ME did for you and what happened when the Chief reviewed your case?

Good Luck on the rest of your journey!

From what Marc told me, this was a weird one. He presented our case along with some others. He was told a few minutes later that our case had been approved. I don't know why it was miraculously approved. Marc had everything laid out with all our evidence, a direct rebuttal including case law & presidents. My thinking was between me pestering the consulate, my congressman contacting them, and Marc showing up to represent me, they just wanted to get rid of the case instead of looking like idiots. I have no other logical explanation.

Visa received today at 3pm! Woo Hoo! No problems!

Now its just time to start planning for Ngoc to come here

SO's are not allowed to accompany thier partners during the initial interview. However as a USC you have the right to USC services on any matter, and you're partner's application is a relevant matters.

Remain polite and get past the first few tiers of vietnamese staff, insist on speaking with a CO. The key is to get beyond the local vietnamese staff, even the nicest don't have the authority to do anything, and they are not that nice or well trained.

Theoretically USC's should have automatic access to USC services during ordinary USC services hours. In Saigon they do ask that you make an appointment. However, legally you should just to able to turn up.

It's your government, your taxes and your consulate. Keep this is mind, politely remind those who don't get it and keep chipin'.

-J

In my case, in order to get to speak to a CO, I had to be insistent. "I'm a US Citizen, I demand to see the supervisor", they tried the you have to write a letter make an appointment thing, but they gave in after repeated insistence. The VN staff are horribly trained, and can really only provide canned answers in most cases. So they might give in and get the supervisor if you push the issue (there is a difference between insisting, and being a jerk that gets you arrested, so mind your manners)

Update - Pink Slip obtained today! Pickup for visa scheduled for 7/31!

Having just overcome the HCMC Consulate, the number one piece of advice I have is make sure you take your time writing up the relationship statement. Don't rush. Make sure everything is correct, and make sure you talk to your fiancee carefully. We could have avoided weeks of stress, if I had asked Ngoc some detailed questions about the interview, instead of blindly providing what the CO asked for. Basically we could have avoided the whole mess if I had just used Ngoc's way of addressing my friend as her "Uncle Binh", instead of trying to be accurate by saying second cousin (honestly I found out later the correct way to define the relationship is 1st cousin once removed -- Thanks ME -- so we were both wrong compounded with the translator gaff).

In my experience, and what I have learned in this process, is the COs determine initially if they will blue sheet it, without even looking at your evidence. After you return fulfilling the requirements of the blue sheet, then they consider your evidence. It seems that the requirement has changed in June as to what they ask for on the blue sheet. A typewritten relationship timeline was fine in mid June, but at the end of June it was required to be hand written. This was also one thing that really upset me, was that they seem to bluesheet nearly everyone, so they should ask you to bring the stuff they bluesheet for in advance. My only theory is that they think blue sheeting folks will discourage fraud somehow. Otherwise it seems to just create more work for them. Also for some reason, the HCMC consulate doesn't seem to look or doesn't receive the documents you submitted when you initially file (otherwise our green sheet would have been totally void)

So just talk to your fiancee carefully. Write up your timeline. Take a deep breath.

Good luck!

Finally Good News!

Ngoc's visa has been approved after review by the chief CO! I don't really have any details outside of they changed their mind. But I really don't care either, just happy we finally got it!

Best 4 am phone call I ever got!

ME just contacted me. He will be going to the consulate tomorrow about my (and others cases). Fingers are crossed!

Fantastic! Congrats!

I made three trips and had know my fiancee over two years when we had our unsuccessful interview. So I would say fewer trips hurt you (like only 1) but more don't help. More trips just cross off one item they like to pin excuses on.

Wait4ever,

I truly appreciate your response. It has been a tough couple weeks after we received the worst possible outcome. Things are better between us now, we were just so disappointed because we thought that we would be starting our lives together as a family soon and now it is anyone's guess. We have recently hired ME and I am flying out on 7/31 to meet with him and to spend some time with my love. I am hoping that I will get there before the consulate sends back the petition if he hasn't done so already. ME's office asked me for all of our email correspondents from my mail box but as luck would have it, my hard drive crashed and surely enough all of my emails were stored on it. I will never use AOL's service again as emails do not save to their server indefinitely like Yahoo or Gmail. I contacted AOL and they state that once an email has either been deleted or expired it is not recoverable. I was only able to recover emails from June and July. That alone is almost 100 emails that I sent let alone what she sent. I am hoping that when I get a replacement computer I can recover the emails since I backed up my PC in June using Norton Ghost.

Hopefully I will have better news when I return.

You should try shoving the drive into another pc. You might luck out and be able to get your email off of it. Even if you think it is totally dead, you might try a program called Spinrite. Just google for it. Leo Laporte swears up and down it can recover stuff other tools cannot. I think it costs a little bit, but if you could get your email it would be worth its weight in gold.

Now you will back up every week from now on right?

I learned the hard way when i lost all of our yahoo chat, fortunately my old attorney had made copies of what i printed out. Now I make sure i back up at least once a week.

Good luck!

Small update. ME is heading back to HCMC tomorrow, and will be meeting with my fiancee early next week. My congressman got back to me and asked me to fill out a form allowing them to use my personal information and claim they are working on my case.

Meanwhile we have reassembled our entire case and reprinted everything and given it to ME's associates. Also I got notarized affidavits from my parents, brother and his fiancee, and my coworkers attesting to the validity of Ngoc and I's relationship.

I just hope this all can do some kind of good.

I am just wondering if there might be a reason some applications get processed faster than others. For example i have seen some filed back in 2007 that are just now getting interview dates or still haven't. any thoughts as too why? Is it a good sign if your application gets processed quickly or is it luck of the draw. how your application was prepared have a big impact also?

Rodney

It was explained to me that part of it is what state you were filing from, and what center processed your application. Supposedly when I filed we were told the service center was 9 months behind. But it only took about 5 months for us to get our petition approval to be sent to HCMC for an interview date. Then two months later we got our date for 4 months later. So sometimes I think its just a ####### shoot.

HCM wanted a timeline from me. I was pretty excited, they made it sound like everything was OK except they wanted a little more information. I sent it to them and they in return sent our case back to the US. The second blue slip stated lack of communication evidence. #######. Couldn't they have stated that the first time? There is something wrong over there when they ask for additional information then send case back once they receive requested evidence/information. And the reason for sending cases back isn't even addressed on the initial Blue Slip.

Yeah the same happened to us. My thing is they ask everyone for a timeline. It should be part of what they request you bring as part of the interview packet. My thought is they rubberstamp blue slip all apps so they can fleece you by collecting the $30 notarization fee for the consulate. Notarization should be $10 tops, but where else can you have it done in HCMC? They obviously aren't reviewing the case and documentation until after they blueslip you. Then they come up with their "reason" for rejection. If there are issues the consulate wants to see resolved, they should be listed on the blue slip. That is one thing that steams me.

wondering about this. they just ask for names, relationship to fiancee and addresses and then have it notarized?

rodney

In my case they asked for Name, Date of Birth, Address, Phone number, Relationship to the beneficiary

They didn't ask for it to be notarized

The child might have a easier path to entry, but it doesn't guarantee anything for the mother.

I agree with you point of view and the what if, but.. surely they wouldn't separate mother and the child?

And, the baby would get US citizenship simply by being born to a USC as a parent, so it would have every right to enter the US without any visas.

I think they most certainly would separate a mother and child. Especially since it would look like the child was conceived only to circumvent immigration. I hate to say it, but if it was a way to guarantee a visa everyone would have a child. This doesn't prove a relationship existed, only that the couple produced a child.

Would you guys consider getting pregnant after failing an interview? Would getting pregnant change the CO's decision? Does having a kid together guarantee a pink slip? What are your thoughts on this?

This is probably about the worst idea I have heard. Think of it this way. If you still didn't get the visa, you would have a child you would never see.

From what I have read in some other threads, it seems like they make you wait until after the child is born to prove the paternity via DNA, then that still doesn't get your fiancee or wife a visa. The child might have a easier path to entry, but it doesn't guarantee anything for the mother.

Part of the problem is if you cannot resolve the denial, then this will haunt you later if you choose to marry and refile.I have read other consulates are starting to deny also based on introductions through relatives or friends.

Hopefully ME can resolve the cases and everyone can move on with their lives.

It always seems to be something new, before if you met through a marriage broker was no good, now relatives are bad, what next?

I myself have a problem also,I married in Vietnam but did not have enough holiday time to stay to get marriage certificate, so I cannot file yet until get that. Wish i knew in advance you had to wait 40 days. I also was introduced to my wife through her cousin, and also worry what will happen if we are denied.

Good Luck to all

Craig

Like I said in a different thread, lots of people are introduced by relatives. My sister in law worked for me, and that is how she met my brother. Fortunately for them they are both US citizens, but if not they would be in the same boat. I know there is a lot of fraud of families trying to get relatives over, but you can't just dismiss anyone who was introduced by a relative. I'd actually be more skeptical of someone with no family ties. If someone is being upfront about the relationship, that should count for you, not against you. But unfortunately it doesn't.

Yeah, we are both hiring M.E. with the slim hope our cases might get reconsidered. But we are both realist and are preparing for our cases to be sent back. Should we get sent back to square one, we want M.E. in our corner for round two. I am trying to stay positive. Telling myself if we have to wait another year, Ha's English will be even better. Telling myself, I will get to go back to VN and see friends I made when I was there last year. I am not a real religious man, but sometimes things do happen for a reason. In other words, I am grasping at straws to maintain my sanity.

Yeah I got to say I am in the same boat. If we have to refile, there has got to be a reason. At least that is what I am trying to convince myself. Maybe its being held up until I get a raise, a better job offer. I dunno. I have to agree tho, its probably just self delusion to try and make ourselves feel positive.

I contacted my congressman, and am hoping he can get the petition stalled at HCMC. Then I am hiring Marc Ellis in hopes that he can get it straightened out at the consulate. I already rebutted everything they said was wrong with our petition on our green sheet and spoke to the chief CO at HCMC in person, which didn't do anything. There is a slim chance that when the chief CO reviews it, he might approve it, but I doubt they overrule the regular COs. Our best bet is that the petition stays in HCMC and Marc can get it resolved.

American Gentleman and I have been keeping in touch about our cases, but right now we are really just waiting. That is tough.

I hope you have success in getting this turned around!

It seems that if you are introduced by a family relative of the beneficiary, its almost an automatic rejection, no matter what your proof is. I know there is a lot of fraud, but it seems like they just dismiss cases out of hand. This seems to be the same battle a lot of us are fighting. A US relative makes an introduction, and whammo you are branded as a sham. You are presumed guilty and must prove your way out of it. No matter how good you think your proof is, it won't be enough.

Hate to sound defeatest, but I'm pretty beat down about the whole thing.

My advice is get in touch with Marc Ellis, and pester your congressman.

Good Luck

If I could think of a really good business idea, where I could make the equivalent of my US salary, I'd do it in a minute. Don't get me wrong, I love America. We have a lot of freedoms we take for granted.

Actually this is kind of funny, when the FLDS polygamist sect thing broke a little while back Ngoc couldn't understand how the committee allowed it to happen. Didn't they inspect the houses? I was like Honey, people can't just come into your house in America for no reason. The concept was totally alien to her. So while the grass may look greener, remember what you will also be giving up in addition to what you are gaining.

Having lived in Malaysia for two years as a kid, after a while you will long for the US. Warts and all. There is no place like it on earth. And that is partially why a lot of us are stuck in the situation we are. People are desperate to come to the US and will do it any way they can, creating problems for folks like us who have legitimate cases.

So I guess its a glass half full kind of scenario. Sometimes it looks really appealing to me to try and just live in Vietnam. But then I think about how materialistic I am, and my love of central air conditioning, driving a car (even at $4.25 a gallon), and so many things we take for granted. The reality is that although Vietnam is really great, it won't be like vacationing if you have to live there and earn a living. It will be tough hard work, and as a foreigner a lot of the laws are stacked against you.

I don't know if I made any sense at all.

I forgot to mention that I received that email on November 13 and the case file didn't leave the consulate until December 6.

Well that is a little bit hopeful. It took about 4 business weeks for them to send it back. Its only been 1 and a half for me. So there is hope my congressman might get it held up long enough for ME to get a whack at it.

O please, o please, o please, o please let them be slow and lazy government bureaucrats at the consulate and fast bureaucrats at my congressman's office!

Yeah I know that is a lot to ask for...

Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!