feelinglucky

Scott, has your fiancee completed her medical yet?

Ha and I have been researching forums to seek out some advice and we came up with our next course of action.

We can't re-file without addressing the concerns that was outlined in our denial. So at best we're looking at the end of next year.

Thank you to all those on VJ and outside of VJ that have been given us constructive feedback.

Daniel & Ha

Dan, Yes you do have to address the reasons for the denial , but it doesnt mean you have to have an engagement ceremony for the rebuttal. You can just explain why you couldnt have one at the time. Your chance to rubutt the consulate findings not only mean that you can dispute what they said, but also explain the circumstances as well. As for the other reasons you shouldnt have any problems. You admitted that your first petition was not prepared well, which is why I think you were denied. It not solely based on you not having an engagement ceremony. You should try and give it another chance, and not give up on one because of one reason. Good Luck

Andy, I think if you have already gotten a lawyer. He should have made you aware if the option for you to reapply really exist in your case. From what I remember only K1 petition has an expiration date, after that date. The petition is free to file a new petition. But in your case I think that IR/CR1 have no expiration date, therefore you have to wait it out. Also, you can try to speed things up on your own by doing what I did. You can call your service center directly and bug them every week about the status of your case, and if you get lucky like I did, one of the officer you speak to might help you get the ball rolling. These are the steps to connect to your local service center.

1) call (800) 375-5283 National Call Center

2) Press 1, 2, then 1

3) Enter your receipt # and confirmed by pressing 1 when prompted

4) your will start to hear the status of your petiion, immediatly press 1, 3, then 4

5) you will hear that you are being transferd, Then you will hear the welcome message for VSC, there you will be on hold till an officer picks up.

I know this works for CSC but Iam not sure it will work for VSC. I think it should let me know if it does

When you speak to them they are acutal immigration officers. They can tell where your file is in the building. Whether its siting in the file room, in transit to an officer or in the posession of an officer. Always get the officers name when calling after awhile they will start to remember you. After they acess your file on the computer you will see it touched on USCIS website the next day. Some are more helpful than others, but all are professional and knowledgable not like the idiots at USCIS. Remember that your wife is counting on you. If you dont try , Who's going to ? Good Luck

Hi, Dan if you want persue your petition for the same classification for your fiancee and not waste time waiting for someting that not going to happen. Then you should refile immedately. 1) your not going to get a chance to rebut because your going thru CSC. 2) by refiling right away USCIS will acept your new petition because the first one is still in approved status. If you wait too long the first petition status will change, and USCIS will not accept new petition. In 1 month your going to get a letter from vietnam consulate stating they are sending back petition. 1 month after that USCIS will send you a letter stating they received the petition for review. But that will be it, your petiton already has expired, But if you dig hard enough you can get someone to send you a letter stating your petition has already been DOA and your free to refile. By this time you will have wasted over 4 months. After USCIS starts to review your new petition they will link your 2 cases, and send you an Intent to Deny Notice for your new petition. The reason they want to deny will be exactly what the consulate finding were. Now this is what you have been waiting for, you chance to rebut officer findings.by this time you should already have gathered more evidence and information about the previous denial. You will have some bumps do the road, meaning the petition wont be a smooth as the first one. But at least your back in the game. Good Luck feelinglucky

she doesnt care if we do one or not, neither does the family.. the main purpose is to satisfy the CO.. Sounds crappy I know, but we both dont care about the ceremony only to be together...

Hi, Scott. think of it this way, your trying to exceed CO expectation not satisfy them. The more people there and photos the better. Too small and the CO will use that as an excuse to denied your case. They will state that the ceremony was small and insunificant and no family members were present from the US.

They go through NVC first.. always to get the case number for the consulate.. at this point when you leave USCIS there is no HCM# on the case.. It will go to NVC get a case # and then on to HCMC in the coming weeks as long as they dont hold it at NVC in AP... Since you already went through NVC once.. not much chance of AP there...

Your words are kinda reasurring, and i had assumed the same till last night. But im not working tommorow so i will call CSC to find out for sure. Will update after to let Bernie know my findings. Hey Scott i also had send some admendments to my petition. I tried to time it when i thought the officer would have my case in his possesion. I think that why I also got a descision on my first case, as well as an approval for the new one at the same time.

I came home from work late tonight and got my approval notice in the mail. As you can imagine all the emotion im going thru. I also received a Notice of Decison on my previous petition that was sent back last June too. The notice was dated Sept. 16 stating that my petition has already expired, and that I am able to file another. My new approval notice dated Sept. 17 stated that my new approved petition will be forward directly to the consulate. It does not mention anything about going to NVC first,like my first petition. I did notice both petition were touched the same day. I assuming they had reviewed my first petition along with my new petition, and approved the new one. I had attached a rebutal to the first petition along with my new one, hoping to get my old one reaffirmed. But I guess the first one expired so they approved the new one. My question is has anyone had a second approval notice that was forwarded directly to the consulate and bypass NVC????

Your phone records should have your name and phone # on billing sheet. If your phone records do not have that,it no big deal. USCIS didnt ask the petitioner for phone # because they dont care about it. You filing a petition for beneficiary carrys more weight than you providing 10 digits. But HCMC will cross reference if your fiancee is ask to show proof during interview.

Hey all,

My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance.

I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much.

I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best.

Saba

Saba Im going to try and give you a positive response. Although I am not a lawyer, and this is only my opioion, see if this help you in deciding if you need professional advice. First of all, members here who are in your position would walk thru fire, just to get 1 NOIR, your very lucky to get 2. NOIR AND NOID are 2 different things, NOIR is only appicable if your petition was intially apporved by USCIS and returned by consulate. NOID (deny) is only issued if your petition you filled was denied, before NOA2 by USCIS. NOIR and NOIDs are issued before an absolute descision is reached in your case by USCIS. This gives the petition a chance to depute finds by COs, or IOs, without having to file I-290B official appeal form. IF you are not able to overcome the CO finding in your rebutal or fail to respond to NOIR in time, then USCIS will delcare your petition as revoked. Then you may file an official appeal of the final decision.Same procedure with NOID. You must clear up any missunderstanding with consulate finding in your rebutal breif,along with any supporting proof of your claim. Once you have satified the IO concerns they will reaffirm your case. In your situation you should also be entitled to request an expedit on your reaffirmed petition as well , due to the fact that you stated their were some errors on USCIS part. I understand that both of you are very worried about this issue, due to the fact that you havent received any information on how to proceed with this matter. Actually you should be happy and take advantage of this situation. You are know being given a chance to tell your side of your LOVE STORY to USCIS. It is not over, infact it is the restart of your personal goal again. About the concern you have with revoke or deny issue (if one is worst than the other). In my opioin revoke is better than deny, because USCIS beleived you already, you just have to prove that the consulate finding were only a missunderstanding. If you were denied, you would have been stuck at square 1 with USCIS and fight them, which would have been very diffucult and expensive. Fianlly i have given you 2 links (copy and paste) to USCIS regarding revocation procedure, I am assuming that you havent read them yet. After reading it, I hope it will answer all of your questions and concerns. Good Luck & God Speed

http://www.uscis.gov/files/article/FactShe...ns__9Apr09_.pdf

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/? vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD&vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD://http://www.uscis.gov/portal/site/us...0004718190aRCRD

Feelinglucky, just by curiosity, why did you get dinied? did you have to pay again and start all over?

licia, with respect to orignal tread start by OP I am hesitant to respond. I dont want to hijack her tread. Hope you understand

hi vjer's!!

i just got an RFE last june 26, it says here

initial evidence request

FOREIGN DOCUMENT: Any document containing a language other than english must be submitted with a full English language translation.The translator must certify that the translation is complete and accurate,and that he or she is competent to translate.NOTE: The requested foreign language document must be submiited with the English translation.

2.Have you ever been convicted by a court law(civil or criminal) or court martialated by a military tribunal for any of the following crimes.This is required even if your records were sealed or otherwise cleared or if anyone,including a judge,law enforcement officer,or attorney,told you that you no longer have a record.(Check all that apply.Using separate sheets of paper,attach information relating to the convictions,such as crime involved,date of conviction an sentence)

____YES X NO

(MY ANSWER IS NO.)

3.If you have provided information about a conviction for a crime listed above and you were being battered or subjected to extreme hardship cruelty by your spouse,parent,or adult child at the time of your conviction,check all of the following that apply to you:

QUESTIONS:

1.) WHAT IS A FOREIGN DOCUMENT THEY ARE REQUESTING? ONLY IF APPICALBE (ie, response to Quest. 2)

2.)DO I SUBMIT IT WITH THIS FORM BACK TO THEM? YES WITH A COPY OF TRANSLATION.....only if you a foregin doc. that relates to quest. 2

3.)MY ANSWER TO #2 IS NO. OKAY I MARKED IT FOR YOU

4.)WOULD THAT MEAN I DONT ANSWER TO #3 SINCE MY ANSWER TO # 2 IS NO? YES..... COMMON SENSE, TRY TO USE YOUR NOODLE

5.SO I JUST SIGNED THIS AND SEND IT BACK TO THEM?? READ MY SMART A.S.S REPLY

Cutie, im going to try and answer your question in a relaxed state of mind. I feel that your in panic mode right now, so you cant think clearly. I have modify your OP, so you can an idea of what i mean. The foregin doc statement is probably a template that is use for all RFEs. You took it the wrong way, they only wrote it there as a reminder for the petitioner.... trying to be helpful and not generate further RFEs. Your RFE is simple, answer no to quest. 2 and sign. If you noticed at the end of Question 2 there is an instruction for you to follow. I have underlined and bold that part. If you had submitted anything to your answer to Q. 2 that was in a foregin lang. then get it translated and submit.

Next time try not to panic and look at the situation with a more logical approach. From the pattern i have observed. Since You have filed in feb, and now that the IO has picked your file off his floor and now working on it. It a very good sign that after they receive your reply your NOA 2 will arrive in about 2 weeks. Only my predicition, Good Luck

Her name on Vietnamese Passport is TRAN THI HEO MAP

My aunt (a Social Worker) said to write as HEOMAP THI TRAN or HEO-MAP THI TRAN (First, Middle,Last) and I'll opt to use HEO-MAP THI TRAN on the Pentition. I've been looking at all the forms up until Interview step and filling them out "mentally"..

Here is my POV think of it like this. " fat pig thi tran" is how we refer to someone full name. Fat-Pig should be considered as a double first name followed by middle and last. For example, the actor Jaun-Clade V..... , or John-Paul, or Hill-Billy Bob Thorton. When refered to as last name first , It should be exact reverse. "Mr. Thorton Bob Billy Hill. I dont think it wise to shuffle at your decrestion, but think it out logically. Might cause potential problems if visa dosent exactly match passport. Hope my post help, or confuses you even more. Good Luck

I read the guides and a bunch of posts that were similar to my questions but not smilar enough.

Ok this is how it will look to those at HCMC...

I filed a joint return with my ex last year to benefit from the interest on the mortgage I paid before we split. ( I look for every writeoff I can find) I am also a self employed contractor and am able to write off a chunk of my income since my job requires me to go to VN and when I go for personal reasons I always include a meeting or two to make it a business trip. That said.. My Gross is reduced, but I am still far above the required income after the reduction. So no problem when it comes to how much I make and being able to provide.... I intend to include copies of recent pay stubs that will include year to date figures when I file the I135....

1. Will filing with the ex throw up a red flag. if so how do I address it?

2. Do I need to fill in the assets portion since it doesn't matter?

3. Do I need a bank letter since I have last year taxes and current proof of income?

4. Since I am a contractor do I need a letter from any of my employers?

5. Should I go ahead and get a copy of the tax record from IRS even though I have copies of all filings?

Scott, first of all the form is called an I-134.......but details will only bog you down. From your timline I have predicted your interview will be in January. You have plenty of time to prepare that package for your fiancee to hand submit during her interview. You should provide her with your completed 134( documents) dating no eariler that November . Include a copy of your 10-99 stub i dont think your using a W-2, along with a tax transcript for 2008 not a copy of your tax return papers. The 2007and 2006 are overkill because you stated that you have already met proverty guidelines. You will need a letter from current employer the name of the business who issue your check along with your bank letter stating lenght of account being opened and current balance in checking and savings. Employers letter should state lenght of employement and current earning for 2009, and position held. Four current paycheck stubs dating from November & December will due. Finally make sure she has a official Divcorce decree copy from your city hall not copy of judgement. You can request the copy at cleark window it's offical title is called "Exemplification" for international recognition it will have offical seals along with copies of judgement. Also attach to the divorce doc, your ex-spouse personel info her name, dob, current address, and copies of proof of her current address.( drivers licence, bills)

Good Luck & God Speed, Lucky

As long as the relationship is GENUINE.. no need to worry being denied.. She can't be denied if she has genuine relationship and clean intention to marry her fiance.

I think you live in a place where unicorns prance, and raindeers dance..........enchanted forest, wish I could be so confident

ps bold it, italicized it, and underlined it........hat trick!!!!

Starting another thread to circumvent one that was closed by a mod?

No coment...

Guys and Gals, we have offended the moderator. We must respect her opioion, and carry on in a more mature matter. Please refrain from using insults or namecalling. Also bickering is not regarded as usefull . If this saga is unable to continue without a conclusion of Merillz divorce, I will seriouly be considering turning off my computer and return it back to the store......for store credit.

p.s. being sarcastic, koy, or heckling will also get you in the dog house!!.......(I think)

I feel this tread is a like a road trip, Merillz is the the driver. His driving is not bad, sometime serving now and then. Members like clueless_usa are riding shotgun and always trying to grab the wheel, other like rebecca are in the backseat "backseat driving". Barron has his head out the window yelling for other drivers to get out of the way!!! I'm also in the back. I have to admit, I like reaching up to the front and honk the horn.

BTW, she drew up and signed the contract before she was coached.

FRAUD.

I can understand now why she could not put up with you. The situation gets clearer by the hour

However, despite your being so difficult, there is something more important in your attitude, which has always driven me crazy: many USCs think that their status as USCs makes them the kings (or queens) of the hill. It is usually men who threaten foreign women with immigration benefits (withholding of those benefits) to get what they want.

In summary, you only tried to buy love. Not with money, but with a GREEN CARD. If I had been her and had had to put up with being reminded that I would be losing immigration benefits if I didn't behave, I would have certainly kicked you to the curve too.

I do not understand, why a USC has to hold over the foreigner's head such a "coveted prize." If you were less self-righteous you would understand that it is impossible to develop a "normal" relationship when one partner holds the future of the other over his/her head. It is wrong! And with your attitude you are only going to be used over and over by "scam artists" like her (not that I think she's one).

If you are so worried about people scamming you for a GREEN CARD, stop searching for beautiful, young, and innocent foreign girls and start looking for an equal who does not need you for immigration reasons (another USC or an LPR). However, I bet that those relationships are not fulfilling to you because you will not be happy if you cannot have something precious like a green card to control your woman. You need a relationship of equals so you can learn a thing or two...

... oh wait! You probably had that already and that is why you realized that the easiest way to control your partner is to have a green card dangling over her head everyday.

I don't think that you know when she started being coached. You were too busy worried about the green card.

I have always believed in this: "be careful what you wish for because you may get it ... and then some you did not want." So much for being the VICTIM.

This tread has taken a new turn, clueless is trying to say to that Merillz at one point in his relationship must have taken into consideration the "Buyer beware" clause. But Merillz now is defending his action with the "Buyer's remorse" clause........LUVZ IT!!!

And for the use of BIG FONTS, please refrain.....is it really needed? I like the blod, and italics, even the emotions icon. But when i read the big fonts it raises my level of anxiety..... to the point of me sometimes yelling back at my monitor.

I thought that was cool, cuz at 12;30 They touched mine to but not in a happy way . They just recevied my denied petition from consulate. It was dated friday the 19th, I think it took them 2 days to update our online status. If you think federal employees sit behind a desk on Sundays. Look at this------->

Very happy for you guys, Congrats!!!!!

You carry it around, every day, for quite a while......and trust me, it's a heavy load to bear.....

Finally this is what i have been waiting to hear Merrillzer, you spoken from your heart and not tried to rationalize your intention to the rest of us. To some people after going thru a breakup with SO, they just try and move on. By doing this they are making a concious effort to abtain a sense of closure. But in your case, my opioion is your only way to get closure is by making sure she is not on US soil. Your aprroach seem alittle extreme for my taste. But, If the end results justify the means then so be it.

Divorce filling fee....... ???

Lawyer fee................???

INS/ICE filling fee....... ???

Time taken off work.....???

Divorced + Deportation....... CLOSURE (priceless)

quoted JorgeGu

"I hope he overcomes, and I hope she leaves his life and the country permanently, someone deserving will eventually come to his life, I truly hope so."

***CAUTION***

This word "hope", was previously used in an eariler post in a negative way. Merillz quickly pounced citing things from the ten-comandent. I will wait to see how he responds to the word "Hope" in this context....(wink,wink)

Several members have been suggesting that Merillz was being circumcised unfairly. Be cafefull ,as other members are wheelding the" cold steel blade of justice". My suggestion is to be along for the ride, fasten ur seatbelt, and the most important thing is to cover your crotch!

I feel that Mezillz, at this time has been cornerd. His back is to the wall with about 3 to 4 members carrying bats that say "Justice gonna be served". MY prediction is that mezillz rebutal will be swift and to the point. The members will most like fall off their feet(due to the shock wave, or blast wave) and maybe loosing a couple steps back.

*note: only my assumptions, and opioion thus far. i will not be held liable for anyones feelings getting hurt, personnel injuries that might result, due to the heat of battle.

Mezillz, HOLLA BACK!!!!

Lucky, your hero M is just a knucklehead who allowed his lower head to do the thinking and he got scammed by a scammer. Yes the woman is part to blame. But... he is also to blame for being a knucklehead. You can support him all you want. His "love" after meeting this woman for 2 months, is just another evidence that he did not understand and was not capable of understanding what he was getting himself into.

Yes he portrays himself as the hero, but in reality he is a knucklehead who allowed himself to be duped by this person. Yes he may win out in court but that does nothing to alleviate that he is a knucklehead who should not be allowed to conduct himself in an international relationship. He may have learned a lesson and he may not have. He is as much to blame, because he allowed his lower head to do his thinking for him, as the scammer women exploited.

He just makes it harder for the legit crowd to get their SO over here. And we never hear about a USC woman being scammed by a foreign man. It is always the USC man who is duped.

He just makes it harder for the legit crowd to get their SO over here. And we never hear about a USC woman being scammed by a foreign man. It is always the USC man who is duped.

Go over to MENA. They can tell you lots of stories about USC women being taken in by a foreign guy. It happens.

I feel that your comment desevre a more detailed reply. First of all, as with my previous post regarding if the OP was trolling, i came to the conclusion that he was not, Even though members were suggesting it. That i admit is the extent of my support. Second i have never stated that i have supported his mindset, only that i am willing to listen with an impartial ear. Thus far, i have taking into consideration of members post expressing their opioion of why he should accept his accountablity in this matter. Members have stated their beliefs base on OP original statements that he has made. I also, deem this points to be valid, and could be held up in a court of law. But justice on forums do not nessarily follow the same guidlines. IF Merillz.......(farting).... excuse me!! present his argument based on his facts and premises. And we chosse not to hold the arugment as true. then we must prove that either his facts or premises is faulty. If any or all premises can be proven unfactual then and only then can i give a finding that his arugment does not hold water. Every man deserves his chance to give a compelling arugment, but we must make an effort to listen , and not just hear him. Our reasons to discounts his arugment are merely base on our personel beliefs, and emotions, therefore trying to impose our opioion on him or suggest that his reasoning are irrational is unjust. IF you listen to his arugment i think he is holding himself accountable to a certain degree. But moreover he is expressing that his actions were only acted on with his emotinal status at the time. IF anything, i do find him commiting "Crimes of the Heart ". In conclusion, I strongly agree with the points members have stated, but i do not dare inject my own. I feel that i personally dont have experience with this subject matter, therfore by my attempts to give an opioion would be unfair. I want to let members know that i luvz their efforts to try and dismantle his arugment, But keep in mind that Merillz also addament in his beliefs . I shall quote, " MAMMA DIDNT RAISE NO CHUMP"

Lucky

I feel that Mezillz, at this time has been cornerd. His back is to the wall with about 3 to 4 members carrying bats that say "Justice gonna be served". MY prediction is that mezillz rebutal will be swift and to the point. The members will most like fall off their feet(due to the shock wave, or blast wave) and maybe loosing a couple steps back.

*note: only my assumptions, and opioion thus far. i will not be held liable for anyones feelings getting hurt, personnel injuries that might result, due to the heat of battle.

Mezillz, HOLLA BACK!!!!

Have you often made gross jokes while with her in pubic?

This is probably the 144th misspelling of this word, si man.

making jokes in pubic, like sticking one's tongue out at clams?

making jokes in pubic, like sticking one's tongue out at clams?

"Devastated by the hurricane, the leaders of the shellfish industry appealed for clam."

With a tread of this magnatude, I almost fell out of my chair , when i read these 2 recent post , they both came from left feild, but struck my in the right place . As the later quote came from TBone, which still leaves me giggling. Update on my current status, I have found myself to be loosing focus of my NOA2, Because of this tread i have a have developed a bad habbit of tread surffing for stories now, and not focusing on my set ojectives. Merrillz, i do not blame you for my action, BUT i do hold you accountable!!!

Signed, Lucky