Dang Lang Thang

Hello VJ Friends,

I would like to wish congratulations to the all those who have passed and received their visas recently.

We received our visa today. (We received the pink paper two weeks ago after submitting medical examination results.)

My fiance interview was cordial and easy this time. The CO was jovial and repeatedly nod his head in agreement with the answers. (The interpreter was the same "dark-skin" lady that who usually performs the extremely aggressive interrogation. This time she was mild.

Warm thanks to VJ and the members for sharing the journey.

I will be visiting Vietnam end of December to celebrate my marriage ceremony and (small) wedding banquet on New Year's day 01/01/2011.

From my limited (un-researched) understanding, you are a Canadian citizen to the rest of the world except the Vietnamese government.

To the Vietnamese government, you are a dual citizen of Vietnam and Canada. Thus forth, if you are travelling or staying in Vietnam, you can/will be treated as a national. This implies that you retain the privilege of being harassed, coerced, damnified, imprisoned with alienation from your Canadian citizen's rights.

I guess this does not really concern you since you are looking to immigrate from Canada to the US.

Frank, out of curiousity, why didn't you get your police certification and medical examination before the interview?

The interview notification was a very short notice (~14 days). The medical examination appointment was scheduled with 3 weeks lead time. (Certain area) Police certification processing had 2-3 weeks lead time. This time delay should be noted by upcoming interview candidates.

There were many interview candidates in this situation.

Frank and Phoung let me be the first to say CONGRATS!!!!!!!!!!!!!!! Glad to hear you passed the interview, shows them they should have never denied you in the first place, or given you a NOID in the second!! CONGRATS!!!!!!!!!!!!! now just get them their police certificate and medical and get her out of here!!

Binh and I are really glad to hear she passed, and hope that you both enjoy your life together in the USA!!!!!!!!

Thanks Jerome. I was about to send you an email.

I will post more details for forum tomorrow. Right now it is still a blue with police certification and medical clearance as the only requested items. (With the late P4 notice, the medical examination and police certification had to be scheduled after the interview; hints of coffee money did not yield expedition.)

Hi Jerome,

There are "dich vu" (services) here in Sacramento/NorCal that will deliver about $3-4 per pound (mininum 5-10 pounds depending on which servicer). My guess a $30/$40 order will get you 10 pounds delivered to your address in a couple weeks.

Let me know if you want to do this.

Hi.

On October 15, 2010, I/we just got our interview date scheduled for November 2, 2010. P3 was submitted July 5, 2010. There must have been an estimated 2 weeks mail deliverance delay because we now only have 16 days to prepare. It seems most interviews are scheduled 4-6 weeks from the notification issuance.

I am hoping someone could give me some information on how long it takes to get P4 after sending P3. It is going on 90 days for us and from what I have seen, this is longer than normal. My SO has visited the Consulate several times and has e-mailed them also. Every time the response is just wait. Does this time delay mean we have a problem, or are they just very busy at this time. Could this have something to do with the new head man? Should I contact my Congressman or just wait as they say?

I having been waiting 60 days since turning in P3. Last year's interview was schedule within 30 days of submitting P3.

Hi Jerome,

That is great to know that a class action suit has been submitted. I will think about adding to that list. I am still waiting (7 weeks) to hear of our interview schedule date.

I wonder if adding myself to the plaintiff list would be a good position. I think it would help put pressure on HCM Consulate knowing that I intend to get very serious.

I am reading through the filing to learn more. Wow! Everything I wanted to challenge DHS/DOS is in there. My juices are flowing just reading it.

Thanks for posting it.

Regards,

Frank

I've been giving some thought lately about this new tactic the CSC has been using. I have a theory that this may simply be a way for CSC to try to reduce their workload. Previously, when a petition was returned with a recommendation that the approval be revoked, CSC would either put it into the queue to be adjudicated (which could take years), or just declare the petition dead because it had expired. I think they did the former if they thought there was a chance that the CO's accusations were valid, and took the second option if they thought the CO's accusations were petty or unfounded or they just didn't want to bother dealing with an investigation.

I think CSC may be assuming that a certain percentage of petitioners won't bother to file a second petition, especially if the relationship really was a sham for immigration. By saying the first petition is dead because it expired, they can essentially postpone making any decision on the first petition unless and until the petitioner decides to file another petition. This way, they only have to adjudicate returned petitions if the petitioner actually intends to go forward and try again, which cuts down on their workload.

Just a theory...

I suspect that it is a combination of stalling, work reduction and revenue generation scheme. Add a topping of incompetence to complete.

-DLT

My take is that the USC has the right to petition. However, the beneficiary receiving a visa is only a privilege (akin to a driver's license).

The main issue I have is that both the Consulate (DOS) and USCIS often operate in a lawless fashion. They regularly do not practice what the law outlines. They skirt the application of the law with vague claims of "reasonable person standard" or expiration period stalling.

-DLT ... in Hue

Hello VJ friends,

I just got an update that my second K1 petition was approved. That implies that the rebuttal was successful challenged. It looks like it took six weeks to get processed. I am traveling in VN so I don't have the details from their mailed notification.

I will update when the petition moves forward to HCM Consulate.

-DLT

Congratulations.

Jerome, Jim,

Thanks for the comments. I figured there is not much I can try at the Consulate - except go postal.

I have updated my timeline to show the second K1 petition as NOID. I will update any progress.

-DLT

Hi VJ friends,

I just landed in VN to enjoy my and my fiance's birthdays. It will probably be a six week visit.

Aside from the usual record keeping of our activities, is there any thing worthwhile that I should proactively do at the Consulate office? (My K1 case through attorney representation is currently being rebutted and reviewed at USCIS CSC.)

I.E, should I visit the Consulate to affirm/notarize an affidavit of relationship and intent to marry?

Thanks,

-DLT ... in VN

Congratulations! Wonderful news.

Listen to Jim, be very active, even if you think it is trivial let the lawyer know, maybe it isnt needed, but maybe it will help.

Hi Jim, Jerome.

Thanks. I have been fairly diligent with my actions of contesting.

- Inquired/Replied to HCM Consulate immediately after denied interview decision.

- Requested Senator's assistance twice.

- Sent unsolicited rebuttal to USCIS CSC. (CSC mailed back the rebuttal saying I need to wait until returned petition arrives.

- Sent unsolicited appeal to USCIS CSC once I heard returned petition has arrived. CSC mailed back my appeal saying petition has expired - feel free to re-apply.)

It seems that being pro-active has not yielded any positives. I will continue to be diligent but pray for a little luck.

-DLT

Hi,

When I submitted my second petition, I had included my thorough rebuttal, correspondence with Senator's office, more evidence, etc. It seems that those wasn't even reviewed/considered. It looks like CSC went straight to the CO interview decision as case for denial. It feels like CSC is using the NOID tactic as a venue for addressing rebuttal.

I do have the NOID rebuttal being handled by Mr. Ellis and Mr. Nam.

-DLT

"A list of VJ members traveling to Vietnam"

Please post your name and date if you are in, going to, or thinking about traveling to Vietnam...

Please DO NOT post interview dates--leave those for your timeline/signature...

CURRENTLY IN VIETNAM

Mr. Saigon..........................................Living In Vietnam (HCMC)

Ralph&Hanh........................................Living In Vietnam (HCMC)

Jeromebinh.........................................Living in Vietnam (HCMC)

Icarus...............................................Mid-January 2010 - Mid-March 2010

Hyperetai..........................................now- late March 2010

GOING TO VIETNAM

Greg & Lien.......................................March 30, 2010 - April 13, 2010

Bob-KhaHan.....................................April 17, 2010 - April 27, 2010

Dang Lang Thang...................................April 19, 2010 - June 7, 2010

julian&hien........................................April 28,2010 - may 22,2010

James & Nicole..................................May 21?-31 2010

Jake & Phuong...................................April 2 - April 13, 2010

Wondering why you just didn't wait to apply for the 2nd K1 until after the engagement party knowing how important it is to have one. Then you could have sent in the evidence all together and not tried to submit additional info.

Hi,

USCIS's policy is that they only need to know that the two have meet within two years (and no adverse background). That is public stated. The relationship scrutiny is administered at the Consulate post.

I thought I would get a head start in the submission pipeline while I was traveling 2 months in VN. Then we can just present evidence at the interview.

As I had share in another post, it is now clear that DOS/USCIS do not follow their policies. (Another example is stating that returned petition will have a chance for rebuttal and appeal but are declared dead on arrival.)

As I admitted, I would re-do with the safest approach possible.

-DLT

I seek thoughts and comments for the below situation.

I did NOT received any NOA receipt from USCIS CSC when submitted additional evidence.

* I had apply for my 2nd K-1 petition on October 30, 2009

* I traveled to VN to have my formal Dam Hoi engagement ceremony on December 5, 2010.

* I returned state-side and submitted (un-requested) additional evidence on January 15, 2010.

* USCIS CSC issue Notice of Intent to Deny on March 9, 2010. No comment was address about my evidence. Only the failed 1st CO interview was noted as reason for denial.

I just contacted USCIS CSC to review if they received my additional evidence and if that was put into my file. The CSR stated no additional evidence was received so no new evidence in my file. My check with USPS delivery confirmation shows actual deliver to USCIS CSC on January 15, 2010.

What should I do about this mis-handling?

Regards,

-DLT

I would have to say that I feel your decision to go back for the Dam Hoi prior to your interview is the best decision you could have made. Binh and I wish you the best!

I concur. I think it is well worth the time and money spent.

Good luck.

It seems galling to me that the HCM Consulate is nominated for accolades when they practice un-accountable poor judgment, indifference, and obfuscation.

They are government worker. Therefore they are public servants. Their role is to serve the US public. We are the US public citizens that they should serve. Yet they view their roles as public masters. Giving brush-offs and scripted regurgitation as if their judgment and decision are omnipotent.

Those guilty of the above should be fired and made to vie for livelihood like the common public of Vietnam. We will see how quickly they will change their cavalier attitude.

end of rant :-)

-DLT

I also believe there is a quota of visa approvals.

I believe I actually read that information eight months ago from the USCIS website. (I can't find the article source now.) I remember that there was a question and answer session from a new USCIS Director or Ombudsman talking about the sheer volume of petitions and approvals. He stated that "the US grants around 1 million visa approvals world-wide". Imagine how many denials or delays must occur. Given the high fraud rate in Vietnam, one would think that most petitions will not be approved. Only the cleanest or most well-defended will pass without hassle.

To think about it, one million visa approvals per year is an astounding number compared against the current U.S. population of ~300 million. Given the depressing economic and financial outlook of the US, I would believe that the visa approval quotas will even decline. It might be even tougher to get visa approvals moving (years) forward. Add to that the high unemployment and universal health care burden, there will likely be a backlash towards legal immigration.

The steel doors are slowly closing.

-DLT

Thanks for providing me with all good points. The reason that it takes us that long to have a DAM HOI because my sons are in school right now and I am the only one dropping and picking them up from school every day. I plan to leave US to VN on their last day of school, and her family has picked July 13 for our DAM HOI based on the luna calendar and it is the best day during my staying there. Hopefully, the CO gives her a chance to explain why. I have been back to VN so many times. Last year, after my wife's death, I was so devastated and couldn't sleep more than a month. My sister asked me to join her for a trip to VN and see if that would help my situation. I was surrounded with my relatives and friends so I was able to gain my sleep back. I typically go to VN every summer with my family (wife and kids).

The original plan was that I will wait for a year or more (my former mother in law decided for me that I couldn't remarry in three years after my wife's death) before getting married. After I came back to US, I couldn't live with the fact that we are apart and luckily, she felt the same way. Every day we are apart is a day that we lose in our lives to be together. I decided to file I-129F prior to our DAM HOI. I actually proposed to her already. Technically, she is my fiance. We have pictures together with my kids, my and her friends, and her family (at a funeral and wedding). We also have a picture showing that we intimately kissed.

I hope that all of these facts will show them that this is a true love. Again, thanks for all of the valuable inputs.

Hi,

I am a case that file the petition before have the Dam Hoi engagement ceremony. That has been and is the main reason for my/her visa denial. As the processing rules changed, I was not even give the opportunity to appeal or rebut. My second petition is being denied for the same reason - even though I have since had the Dam Hoi.

A tactical thought for you is to delay the interview (by requesting a re-schedule) until you had the Dam Hoi. This way, you can time manage to have the interview shortly after your Dam Hoi. It is less of a gamble but still a gamble.

I should be an easy case (4th year relationship, 4 trips, clean profiles, stable financial standing, etc.) In 20/20 hindsight, I would choose the safest approach possible. (Do the Dam Hoi before all else).

Good luck and best wishes.

I faintly remember that it took around 6 weeks.

I just checked my records. It took 8 weeks. Sent 09/20/09. Received response 11/23/09. Below is the response:

"You specifically requested a copy of the Interview notes from US Consulate on interview with Phuong ____ (Beneficiary) in case number HCM2009565082, INS receipt number WAC0903451011 regarding submitted I-129F, Petition for Alien Fiance(e), from the file.

We have completed the review of all documents responsive to your request and have identified four pages which are responsive to your request. We have referred four pages to the Department of State for their direct response to you. We were unable to locate the Interview notes from the US Consulate in the file.

The enclosed record consists of the best reproducible copies available."

They enclosed four blank pages with heading "Referred to: State Department".