Kevin&Loan

So, what the heck did the Consulate do with my $50? I want it back plus interest

Thanks a lot for your kind words. I am honored to be able to help anyone here. Having somone who has "been there, done that" on this board would bring lots of comfort for many members here. Loan and I are in the middle of the process of getting AOS, green cards and many other documents. Our attorney will continue on with the case but like always, I am always on top of his work. So far, Loan loves the food, the new life and everything else here. She fits in well. No jet lag at all. She had started going to Beauty School to get her Cosmetology Lisence. She is also learning how to drive now. I am her teacher ... Go figure ... hahah

Anh Map --- Everyone have said enough. So, good luck to you and please remember, have lots of patience for yourself, your fiancee and the whole process.

Pak, leave her name the way it is for now. There is no need to create any problems or misunderstandings with the Consulate or the INS. Once she is here, get married and then you can request the judge to change her name to anything you two like

Kev74,

I hate to tell you this but the 6 months process will end up a little longer than that. Although some applications will go smoother and on time than others but the majority will expect somekind of delay. Especially nowadays with the new IMBRA law. During the whole process, you two need to stay focus, determined and patience. I have been there, I know ... Good luck to you.

My wife (fiancee back then) only signed in first name in the letter and the Consulate had no problem with it. I think you are fine. Do not worry about it anymore.

I am really hoping for this delay to go away as soon as possible

Congratulations and best wishes

Police Certificate is only good for 6 MONTHS. You should only worry about getting these certificates when you are getting packet 3 --- Good luck

I do not know about now but two years ago, having your case moved from your designated center to CSC was a good sign because CSC moves cases faster than other centers --- Good luck

I used to follow up daily when I first submitted the I-129F. I beleive there is a link on the USCIS website that allows you to check the status of your case. Unfortunately, I do not have that link anymore. Please do the reseach on this site and find out. I submitted to the Texas Service Center but was transfered to CSC as well. It only tood me 9 days to get approved. You should be glad because CSC tends to move things along quicker than any other centers --- Good luck

Nha Trang, it is better to have more than less. I do not know about other Consulates but dealing with the particular Consulate in Saigon is not a walk in the park. In my humble opion, the people at this Consulate are very prejudice about K1 and K3 applicants. If you give them any chance to make your life miserable, they will certainly do it. What your lawyer said is one thing but you must be well-informed as well. Even though I did have a lawyer for our case, I still researched intensively and kept him in check. I went over everything forms he preapared and although he is very diligent with our case, he still made countless mistakes on the forms. Please remember one thing that you only have one case to worry about, YOUR CASE. Your lawyer, other the other hand, has many cases. His attention to details will not be as much as you would think. Good luck.

Sweetiewynn,

This is IT, my friend. I do believe this is the "mysterious" department inside the State Department that Mrs. C told me about. When I faxed the letter to Legal Net, Mrs. C told me that they then transfered my letter to the appropriate department. You should contact your elected officials (Senator, Congressman, whoever is willing to help) to get the ball rolling. For now, you know where you are and what they are after. All you have to do is to prove them wrong and in no time, your sweetie will be with you.

Congrats and god speed

If they had her name wrong, I would be concerned. Be sure to follow up. Next time, anything you sent to the Consulate, make sure to put the case number under her name to eliminate problems. Who knows what goes on behind the closed door of the mail room @ the Consulate. Your file could be someone's drink coastal for weeks. I kid you not. When I was in college, I used to work for a goverment agency, there was this lady would put all the files under her desk to use as her foot rest. At 3PM everyday, they would all stop working and gethered in the lucnh room to watch Jerry Springers. Although I do not intend to generalize everyone who works for the goverenment but it is a sad fact that we should all acknowledge.

Congrats!!! Do use DHL ... They have big operation center in Saigon (near Tan San Nhat Airport) and branches all over the city. I have used USPS Global Priority (claimed to arrive in 5 days, took 3 months), FedEx (arrived 2 days later but got stuck @ custom for 2 weeks) and at last, DHL only took last then 4 days and delivered to my wife's door. One thing we all should note that even our carrier here in the US give you a garrantee date, do not rely on it because they only garrantee the time it takes to transport from the US to VN. Other than that, its our of their hand. The matter now depends on the Vietnamese Customs and there is no telling of these people.

I yahooed it before, nothing came up as well but that was the fax number I sent my letter to. Matt, no one in this forum had a more complicated case than I did and I came through, you guys will be fine. I was having the same feeling like you do now before. I was pretty nervous and anxious about everything. I promise you guys that as soon as Mrs. C comes back from her vacation, I will contact her for more info.

Hi guys --- More than any one, I am sure I can say that I know how yellow123 and may other denied applicants feel. I wish I could give you guys the contact info at the State Department but Mrs. C with Congressman Al Green did not even give me. However, I will contact her and ask her again but you must wait, she is now on her vacation till the end of this month. One thing I can do is to let you guys see a few emails she had sent me. Read through it very carefully, you will find some very valuable information

First Email:

Dear Mr. Dang

I have just been contacted by the US Consulate in HoChiMinh City, Vietnam concerning your situation. I regret the report is not more favorable in your case and the response is as follows:

"Ms. Vu submitted her documents on September 4, 2005. Her file is now pending further review by a consular officer to determine if a bona fide petitionable relationship exists between Ms. Vu and Mr. Dang. Please note that Ms. Vu will experience delays in receiving a response from our office regarding the case due to the number of cases pending review.

Case files are prepared for review based on a first-come, first-reviewed policy. We do not review cases out of sequence except when there is an urgent need to do so. Please be assured that the application and supporting information will be given every consideration consistent with U.S. law and regulations."

Please be aware you may not have exhausted all of your options. If you feel another review of your case may produce a different outcome, I urge you to file an appeal with the US Consulate in Saigon, VietNam. I am interested in this case and I want you to keep my office informed of any further action you may decide to take in this matter.

It was a privilege to assist you in this matter and I hope I can provide additional help if necessary. Please do not hesitate to contact me via my email or direct correspondence to Congressman Al Green again if we can be of further assistance.

Second Email:

Dear Kevin,

Since there are lot of sham marriages in California from VietNam, the Department of State pays more attention to Vietnamese cases, especially fiancée petitions.

I understand what you and your fiancée worry. If a case was suspected, the worst is that it will be denied. In this case, the Consulate will send a letter of denial to your fiancée and the file will be sent back to USA. The Immigration office will send you a notice of intent to revoke. You have 30 days to appeal for the decision. I recommend that you write to them immediately, don’t wait for deadline since I have cases closed after 15 days. Usually with the clarification and more documents, the case will be re-affirmed and forwarded to National Visa Center and your fiancée will have another interview. She should bring more evidences of relationship such as letters, emails, pictures, gift, phone records. Please continue building your relationship with keeping records so you can prove a bona-fide relationship and better yet, prepare an appeal letter in case it is denied.

I try to keep you in prospective so you can expect what will happen. Until the Consulate makes decision, try to talk to your fiancée and let her know the fact and ask her to be patient. If the relationship is real, you and your fiancée will be together, just matter of time for things to go through. You may write to the Consulate with more evidences submitted, hopefully they review before making decision and you can save some waiting time and let me know when you do that so I can re-inquire your case.

Third Email (read carefully)

Dear Kevin,

Yes, the pregnancy will complicate the case due to additional person, DNA testing and status change. As my knowledge, you can get married and change status. For marriage, it’s probably more legitimate if the wife is pregnant. Otherwise, it is still under scrutiny of proving a bona-fide relationship.

Since you have submitted additional evidences, it is recommended that you wait for the review. Since I have just inquired your case this month, as the courtesy, I should let the agency work it out unless the case is changed by major issue.

Our office is served as a liaison office which can inquire information and it’s up to the agency to do the favor. We ask for your understanding that we can’t ask to cut line for anyone or to influence the decision unless the matter involves with humanitarian reasons (serious illness or death).

For legal matter, please consult with an attorney. If you feel that your case is unfair, you can write directly to Department of State in Washington D.C.:

Department of State/Legal Net

Fax (202) 663-3899

Also, I happened to read an article written by Ellis_Island about K1 and K3 visas. Very useful article. I will try to find the link again and post it here for you guys

Regarding the Statement of Intent to marry and translation, here is what I did:

1. I prepared the Statement of Intent to marry for Loan in English, then she printed it out, signed and had the statement NOTARIZED at the US Consulate. Be sure to remember that both of your and her statements must be public notarized. In the US, of course, you can have the letter notarized at your bank for free but for her, she must pay $50 at the Consulate to have it notarized. You can write the statement as simple as this one:

To the United States Government:

I, --- , a citizen of the United States of America, do hereby state that I am legally able and willing to marry ---, a citizen of The Socialist Republic of Vietnam, within 90 days of her arrival in the United States.

I acknowledge that I am able to enter into such a marriage under the laws of the United States of America, and that I do so of my own free will because of love for ---

Respectfully,

2. Concerning translation, I did the transaltion myself, then placed the following statement at the end of every document and had my brother signed the statement. This is perfectly okay since you can have anyone other than yourself translate any documents. I never had any problems with the Consulate regarding this aspect.

I, --- , hereby certify under penalty of perjury that I am fluent in both Vietnamese and English languages. The foregoing translation is true and correct to the best of my ability. Signed

Hope this piece of information helps

My best wishes to both of you guys.

Anh Tri --- Greetings to you and yours,

1. Chuck was making crystal clear as of what the pros and cons of K1 and K3 are. You could not have asked for better explaination than that. With K3, you will have to deal with the Vietnamese government alot. Wherever you go to get things done in VN, MONEY comes first. Especially when they see you need papers for immigration, they will suck you dry. With K1, probabaly the only thing you will have to deal with the VN govt. is the Police Certificate

2. I retained the service of an immigration laywer simply because I did not have time and did not want to deal with the paperworks. That's all. When our case was put on AR, there was nothing they could do to help.

Good luck to you both.

In my case, we had the detail description included in the initial I-129F and the package sent to the Consulate and still, Loan was given a blue slip asking for one. All I know is each Consulate Officer has his/her own set of rules and given the high level of visa applicants at this particular HMC post, I am sure the supervisors seldom check on what their COs are doing. So, when in doubt, better have whatever documents you deem neccessary. Better safe than the blue slip ...

It is sadden to read such post. This is the first time I have heard of this new law. Loan and I will keep all of you guys in our prayers. Please be strong and supportive of each other. There was time all Loan and I had was each other. I am really hoping our “beloved” government will have solution soon.

Anh Map,

Whatever you do, do not misrepresent any information on your application. You will regret about this. They have sent people over to my wife's condo in Saigon twice to verify information.

Best of luck to you

When I first told Loan that I had the intention of bringing Loan to the US via the K-1 visa program, I had already known that my petition would have some very challenging situations since I was twice married in the past and I had barely known Loan for 6 months with only one trip back to VN to orchestrated the engagement ceremony. My past marriages were really my main concern because my first marriage was to a woman in Saigon. I also filed for her K-3 visa 6 years ago but cancelled the petition and filed for divorce later due our irreconcilable differences. Only a few months later, I remarried in Houston. This marriage, like the previous one, was short-lived and I again, filed for divorce 10 months later. 2 months after the divorce, I met Loan and although I was really sure that I had finally met my better half, I knew the next couple years would be very tough for us. Although I had prepared Loan intensively for her mental state during the petition, none of us would had expected what we were about to set sail onto.

January 11, 05 – Knowing I would need professional help for my case, I asked my friend, who is an attorney specializes in immigration, to help. Together, we prepared a 6” thick I-129F package and sent it off. Beside the typical documents required for this package. We even sent in my affidavit on my former spouses’ whereabouts, my detailed description of our relationship, as well as a letter explaining my previous marriages. Only 9 days later, I’ve gotten the first NOA approval. Although it was the first achievement, I knew the worse had yet to come.

June 12, 2006 – A local police officer came to her condominium in Saigon to verify that Loan actually lived alone there. He even asked about her K-1 application and information about me. This was clearly an indication that the Consulate had sent this police officer to conduct a preliminary investigation.

July 5, 2005 – Loan received her Packet 4 with an interview date of August 29, 2005. That gave her merely 2 months to gather all the required documents. The medical examination was done at the IOM office on 4B Pham Ngoc Thach. The Police Certificate was done in 2 weeks for the “price” of 100 dollars. Everything else was set and Loan was good to go. Then, Loan lost her purse, which contained her Passport and Identification card 5 days before the interview date. Some calling around gave us an idea that without bribery, it would take up to 3 months for both Passport and Identification card, which the ID card must be done first. We did not have 3 months. I called a friend of mine in Saigon and 5 days later, Loan was able to obtain a brand new Passport and ID card. This incident cost us 500 dollars. We then had to go back to all the forms and correct them to reflect the new ID and Passport numbers.

August 29 2005 – Interview Date – Loan arrived at the Consulate early that morning but she was the last to be interviewed. As soon as she cleared the security checkpoint, she then proceeded to the booth where a Vietnamese local female staff was inspecting Loan’s paperwork to make sure Loan had everything and they were in order. Unfortunately, some of Loan’s documents were not in order they wanted. This female staff literally threw the set of documents back into Loan’s face and ordered Loan to reorganize the documents. At the end of the day, Loan was finally interviewed. At this time, it was clearly shown that both the Consulate Officer and her translator were extremely tired and cranky. Loan did not speak any English; therefore, she did not know what was translated but the translator did make some comments to Loan such as – Why were you falling in love with Viet Kieu so fast? Why was your fiancé wasting so much money in making so many copies of evidence? Why was he sending you so much money? What does he see in you anyway? The Consulate Officer asked Loan the following questions:

1. Where and how did you two meet?

2. How many times did he visit you in VN?

3. Do you know about his previous marriages?

4. Do you know where are his former spouses are?

5. What does your husband do?

6. What kind of engineer is he?

7. Do you know of anyone else in his family?

8. Do you have any relatives in the US?

The Consulate Officer then asked Loan for pictures, emails, phone bills. The CO and her translator look at the pictures, talked to each other and laughed. They both glanced at their watches and the CO got up and left. The translator gave Loan the blue slip and asked Loan to come back and submit all the requested documents at once. Although exhausted and greatly disappointed, Loan glanced quickly at the blue slip and she quickly discovered that all the documents they asked for are in fact submitted twice, one during the initial I-129F filling and one was courier directly to the Consulate via FedEx from my attorney’s office. Beside, Loan had all the copies with her at that time. She told the translator that she could give them all of it right there but the translator yelled at her, told her to go home and come back since it is time for them to go home. The translator then walked off and left Loan there all by herself. The requested documents were Affidavit of Support, detail description of our relationship and addresses of my former spouses. So much humiliation and patronizing from the Vietnamese staff. They seemed to forget or should I say, they do not know that they draw their salary from Loan’s husband, a tax payer?

As soon as Loan got out of the Consulate, she called me immediately. It was 4AM in Houston and I was not asleep at all. I already knew the verdict but I could not help but feeling sad and right then and there, I knew we were about to enter into a long period of waiting and waiting.

September 4, 2005 – Loan returned to the Consulate to submit the requested documents. She was then told to go home and wait. She called me and I knew exactly what “wait” means. After a few months being on Visa Journey, I knew “wait” means “administrative review” and “months and years of agonizing wait”

From then on, we tried to live on and survive the gruesome waiting game. We kept giving each other false hope by fabricating the date Loan is called to come get her visa. I went to sleep every night hoping I would be woken up in the middle of the night with the good news that Loan had received her visa. That night never came. As much as I gave Loan credit for being strong, understanding and supportive, we sometimes could not avoid some very tense moments. The worse moment came when her neighbor publicly admitted that she had paid 60 thousand dollars for two Viet Kieu to do sham marriages with her two daughters. Both of the girls went to the interviews and both passed and received their visas a few days later. Loan took her frustration out on me and I totally understood her anger.

For the first few months, I stayed in contact with the Consulate via emails and phone calls weekly. I called so often, they recognized my voice instantly. Every time I called or emailed, they always said that the case was pending for further review by a Consulate Office. I already knew that but what I really wanted to know was how long and they refused to give me that answer. One time, I asked on the phone for the name of the woman I was talking to, out of respect and politeness, and she told me that there was no need for me to know her name!!! This same lady also told me that there are some K1 cases have been under AR for 3 to 5 years.

November 2005 – I went to VN for 10 days to be with Loan and to inquire about the case. I had 10 wonderful days with Loan and we renewed our faith in the future but I had no luck with the Consulate. Before I went to VN, I had called the Consulate to schedule an appointment with the Chief of Information Unit and was told to just call ahead while I am in VN because the Chief’s schedule is flexible. When I was in VN, I called and was told otherwise. I would need to schedule an appointment in advance. Already knew talking to the Vietnamese local staff is no better than talking to the brick wall, I hung up and decided to forget about the whole deal. I spent the rest of my time in Saigon with Loan alone to rekindle our relationship. When I came back to Houston, I mailed the Consulate the pictures of our trip along with a heart-felt letter asking them to expedite the review process. No one answered my letter.

December 2005 - I contacted Senator Kay Bailey Hutchison’s office asking for help. Her Constituent Services Director told me the problem with America today is having admitted too many immigrants. Needless to say, I was shocked with her comments. I never contacted that office again and although it was not Senator Hutchison’s fault, I would never vote for her again. I then contacted Senator John Cornyn’s office. Although his office was quick in responding but the result was not any better than what I would have done myself. I turned to Congresswoman Sheila Jackson Lee. Her office manager turned me away immediately since I did not live in her district. They referred me to Congressman Al Green. At Congressman Al Green’s office, miracle happened

January 2006 – I went to VN again to be with Loan during Tet (Lunar New Year). This time, I spend another 10 days with her and we did not even bother to come by the Consulate. At this time, 6 months after the interview, we gave up hope and faith into the system.

March 2006 – I contacted Congressman Al Green’s office and met a wonderful and kind Constituent Services Rep, Mrs. C. She did the initial inquiry with the Consulate and got the same respond as I did before – The case was still pending for further review by the Consulate Office. I thought this was going nowhere and I ceased communication with this office. On the other hand, I contacted another immigration lawyer her in Houston seeking his second opinion on the case. Boldly, he stated that from is experience, our case had been transferred to the anti-fraud division at the Consulate and the whole investigation could take up to 3 years and in the end, Loan would be denied. He said we could get out of this problem by having Loan pregnant to prove our relationship. He refused to discuss any further unless I would retain him as my new attorney for the fee of 2 thousand dollars. Everything he said turned out to be false.

April 2006 – Loan was really on the verge of breaking down. I could hardly concentrate on my work. We fought more often and I could see our relationship is being put to its biggest challenge. I decided to contact Mrs. C again. I first asked her about what the second attorney told me. She laughed and said if indeed, my case was being investigated, she would have been notified by the Consulate at the first initial inquiry and they would ask her to cease any further communication with them and I. Secondly, she said getting Loan pregnant only complicate the matter more. I then told her about the desperate situation we are in and she agreed to help again. This time, she revealed to me that there is a department inside the State Department specializes in investigating pending cases like ours. If they find nothing wrong with our case, they will press the Consulate to move on with the case. I was told to write a letter to them and she will contact them on my behalf. It was, I remember vividly, Wednesday of the third week of April. Thursday, the Consulate had someone posed as Postal Employee came to my wife’s condominium to investigate that Loan actually lived alone. I came to work Friday receiving an email from the Consulate via Mrs. C’s office saying that the case had been reviewed and approved. However, Loan must submit the new Police Certificate since the old one is only good for 6 months. This news was the news we have been so desperately waiting for. At the time of the news, my mother was in VN with Loan. They both went out that night to celebrate. Loan got another blue slip asking for the new PC two weeks later.

May 15, 2006 - Loan came to Consulate to submit her new PC. She was then given a pink slip with a scheduled date for Visa pick up – May 22. We both thought that was it. I immediately contacted the IOM to arrange a flight out for Loan. She was scheduled leave VN on May 25. All my friends and relatives are contacted about the good news and they all made plan to be with us here in Houston over the Memorial weekend.

May 22, 2006 – Loan came to pick up visa. Instead of giving her visa, they told her to go home and wait since the case needs to be re-review. There were no words that are strong enough to describe how disappointed and nervous we were. What could go wrong? What had happened? Hundreds of questions came to mind and I really had an anxiety attacked. I had to cancel the flight, called off friends and family. Loan’s crying only made the matter worse. I called the Consulate and asked, the girl who answered the phone told me she knew nothing. I called Mrs. C, the agreed to intervene again. She did and they called Loan two days latter telling Loan that her visa was ready and all Loan needed was to come in any day before 4PM to complete a form. This turned out to be that they had in fact, misplaced the G-325A form and they could not find it to finish up the visa package. Instead of telling Loan the truth, they told her the case needed to be re-review. They were buying time to find the form.

May 24, 2006 – Loan came in to pick up her visa. She was given the G-325A form to fill out again. Although she had asked for the form in Vietnamese, the same Vietnamese female staff who translated for Loan during her interview gave her the form in English and told Loan that she did not care how Loan got it done. Loan had to leave the Consulate, went across the street and asked for help from a local immigration office. She then came back, resubmit the form and finally, she was given the visa. She was told to leave the country before July when her medical report expires. We then also learned that Medical Exam is only good for one year. After one year, pretty much all the documents are expired.

May 27, 2006 – Loan was schedule to flight out. At 9AM, Saigon time, she called me to let me know IOM had taken care of all her luggage and she was waiting to board the plan to Taiwan. With all the problems we had gone through, I was getting extremely nervous. Nothing was for sure until I see her here in Houston. During her whole flight, I could not eat, sleep or do anything. 3PM on May 27, she called me from LAX telling me that IOM had helped her cleared US Immigration and Customs and she was not at the domestic terminal waiting for her flight to Houston. IOM, I thought I would mention them, is a great organization. They have an office at 4B Pham Ngoc Thach, same place where medical examination takes place. They would assist anyone with immigration needs. They book flights, help passengers clear Vietnamese Custom, meet passengers at their point of entry in the US, clear US Immigration and Custom. I highly recommend them.

8PM May 27, 2006 – I was already at the airport waiting for Loan although she was not landing until 10PM

10:10PM May 27, 2006 – Loam emerged from the flow of passengers and felt into my arms. We just stood there embracing each others. She cried her heart out and I hold her as tight as I could for a good 30 minutes. We just stood there in the middle of the airport terminal. Nothing else mattered to us at that time. All I knew was Loan was finally into my arms again and this time, till death do us part.

Looking back, we knew our case was not as difficult as others but it sure has it own setbacks and problems. Up until today, I still do not know why our case was put under AR and no one seemed to care enough to touch it. No one did anything until they were forced to do so from the State Department. Speaking of the State Department, I was so desperate one time; I even emailed Condolezza Rice asking for her intervention. Of course, she never answered except for an automated response saying that they would look into the matter. I just send another mail today and still received the same response. Isn’t it irony? On the other hand, the whole K1 visa process is not laughing matter. The lack of performance of Consulate Officers and patronizing attitude of the Vietnamese local staff the US Consulate in Saigon need to be addressed. I had vowed to advocate for a change at this Consulate but that will be reserved for another post. For now, we have made it and we can’t wait to start our lives together as husband and wife. We got married in front of the judge on May 31, 2006. We are in the process of buying a new house, new car for Loan and of course, beauty classes for Loan so she can get to open her own spa. As I am writing this report to you guys, Loan is peacefully sleeping next to me. Looking at her, I knew I had made a right choice and I knew it was deem worth it to put up a fight with the Consulate.

That is it, guys. Our K1 visa saga. I’d like to take this opportunity to thank each and every one of you here at Visa Journey. Loan and I appreciate your support. For those of you who are in the process of getting K1 visas for your love ones, I wish you luck. I hope this post is useful to you. If you are ever in the same situation like ours, fight for your fairness. Push your elected officials to act for you. Most of them will not lift their fingers unless you are persistence. If any of you need to ask anything else, please feel free to email me. For now, good luck and God bless.

Houston, 1AM June 6, 2006

Kevin & Loan

Guys, Loan had finally come to the US this past Saturday of May 27. It sure has been a great journey for us. I am in the middle of writing a very detailed report of our case for you guys. Please stay tune because after this whole ordeal, we have leanred some very valuable lessons which we must share with the rest of us here.