tdn818

Thank you so much for replying !!!

I understand my case must be closed before filing again.

I know I must wait for the US Consulate General-HCM to return the case to the USCIS. My fianceé stated that it could be up to 1 year. Does anyone know how long it takes the US Consulate General-HCM to send the case back to the USCIS?

Is there anything I can do to expedite this process? I'm planning on visiting my Congressman, Gary Ackerman's office Thu morning (11.11.10). Should I request any assistance? I don't want to cause more problems.

I've been asking around and some say that it's faster to accept the denial then do a rebuttal. Can someone confirm this?

Regardless, I plan on arguing why the US Consulate General-HCM denied me per everyone's replies.

To answer some common questions on the board.

My degree is a BS in Industrial Hygiene-Environmental Toxicology. I only told my fianceé once but wasn't even sure how to say it in Vietnamese. I said it had to do with Chemistry. It was my fault I did NOT follow up with her. We talked about my college, degree, etc and we are clear.

My company and colleagues/boss. She forgot the name of the Pharma Advertising firm I presently work for. I started in March 2nd 2009 and filed the Form I-129F, Petition for K-1 Fiancée on July 7th 2009. My previous job was at an investment bank and I hated it. I didn't care for my boss or my colleagues. I was a manager and laid off entire departments. I didn't feel like "whining" to my fianceé when I'm pretty well off compared to distant relatives and my fianceé in Vietnam. We talked about my employers, names of colleagues at work, neighbors, neighbors names etc and we are clear.

My immigration to the US was from a helicopter at the US Embassy to a ship then to Gaum, then to Pennsylvania then to Massachusetts. Totally my fault that I did NOT fully explain this to her. This is something my parents never really talked about. My mom still screams at night after 30+ years. My mom was a secretary for the US Embassy and my dad was a medic in the SVA (South Vietnamese army). We lived in a poor area and everyone was threatening my mom and dad. The neighbors said they would report our family to the Viet Cong when they take over the South. The Viet Cong would then kill my parents and the kids would be orphans. This would happen every day. Anyway, we hit the jackpot when we got rescued. My family couldn't make it to the roof of the US Embassy in HCM because the roof/helipad was over run by young guys forcing their way in. My family was stuck in the court yard. Since the roof/helipad was packed with people, a helicopter landed right in front of us. My mom and dad told me they were ready to die. They don't like talking about but had to ask them. My mistake that I just told my fianceé the basics. She now understands how I emigrated to the US with my family.

Marriage within 90 days. My fianceé was furious when she read this. She totally understands that we have 90 days. I (Petitioner) and my fiancée (Beneficiary) "both" wrote letters certifying intent to marry within 90 days. These letters were included in the original I-129F submission on July 7th 2009 and an updated package on July 31st 2010 for her interview. I have all our copies. We talked about a wedding but again, it was my fault that I never told her the exact date, location, place, number of people, type, honeymoon etc. We are clear now.

I'm planning on doing an engagement party in Feb/Mar of 2011. All her family and my mom/boyfriend. My dad/girlfriend can't make it.

If anyone has any questions, please let me know.

Thanks again to everyone. I so much appreciate everyone's advice.

Congrats to you!!!

I tried creating a new topic for the 2nd time and I can't find it. Can you help?

I clicked on a topic and then proceeded to click on "Start New Topic"

It's not showing under Portal-Vietnam.

Thanks

SWEEEEEEEEEEEEEET Congrats

Hi everyone,

My fianceé failed her interview on September 22 2010. I was so confident in the paperwork that I submitted that I lost focus on the interview. The denial stated many things I totally disagreed with but I'm moving on. My goal is to refile the K-1 as soon as possible. I called the USCIS-Vermont office and informed them that my fianceé failed her interview and I do NOT want to rebut the consular finding. The USCIS-Vermont office informed me that they would need the petition from the US Consulate General-HCM.

My fianceé informed me that she visited the US Consulate General-HCM several times. The last time she visited them (Nov 9th 2010) someone told her that there has been petitions for over a year now and they still haven't sent it out yet.

I've been reading posts in VisaJourney but I'm still not sure the next steps.

Per the blue denial letter...

"The case will next be reviewed by the Immigrant Visa Chief, upon occurrence of the Immigrant Visa Chief with the reviewing officer's decision, the case will be returned to USCIS for review and possible revocation."

I don't want to wait 1 year before the USCIS-Vermont office receives it.

How can I expedite this process so I can refile the K-1? Are there steps I'm missing.

Thanks in advance.

Per the blue denial letter...

"The following remarks apply in your case"

"Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only two or three days together" - I had pictures from 2006-2009, VungTau, Dalat and Nha Trang. They were all taken by photographers with the date and location. Planning to show pictures of us together goofing around.

"Beneficiary and-or Petitioner submitted no evidence of an engagement celebration". – Planning on have something similar with all her family and my mom/her boyfriend. My dad and his girlfriend will NOT be there at the same time.

"It does not appear that the claimed relationship is continuous and ongoing. For example, Petitioner has not returned to visit Beneficiary since September 2009" - This really upset me. Visited her twice in 2006, twice in 2007, twice in 2008, twice in 2009 and once in 2010. When in 2010? A week after her initial interview!!! She even told them I was visiting in a week. I didn't visit her twice in 2010 because I started a new job in March of 2009 and only have 2 weeks. Spent time in Vietnam before I started the new job.

"Beneficiary is unaware of basic facts regarding Petitioner's occupation, livelihood and-or worklife. For example, Beneficiary could only say that Petitioner works in web design. Beneficiary could not recall the company name of Petitioner's work place nor the name of Petitioner's coworkers" - OK... She forgot the name of my company. She was stumped on many questions. I will tell her the names of my colleagues and my boss.

"Beneficiary is unaware of basic facts regarding Petitioner's personal history and-or significant life experiences. For example, Beneficiary did not know how Petitioner immigrated to the United States." - OK... just told her we our family were refugees and went to the US by helicopter and by boat.

"Beneficiary is unaware of basic facts regarding Petitioner's educationally level, background, and history. For example, Beneficiary could only state that Petitioner went 10 university" - OK... didn't tell her where I went to college, degree I have etc.

"Beneficiary is unable to provide basic facts (such as ceremony, manner of celebration, venue, guests or approximate costs) regarding the claimed plannned marriage in the U.S. It appears that the relationship is a sham or that the Beneficiary has no actual intent to marry within 90 days of admission to the U.S. (or both)." - OK... I don't even know some of the facts. Kind of mean saying this is a sham. My fianceé does know 100% that she has 90 days to marry.

"Beneficiary is unaware of the requirement to marry within 90 days of admission 10 the U.S. Therefore, it appears that Beneficiary does not have the intent to comply with requirements of the visa category applied for or that the claimed relationship is sham (or both)." - OK... I'm just speechless now.

Sorry if there are spelling errors... I pdf'd the scan my fianceé sent and OCR'd the text. If anyone has any questions, please let me know.

Hi all,

Been reading the forum for the past month and finally found a way to post in the Vietnam portal.

Too make a long story short, my fiancee got denied on September 22nd 2010. We didn't really prepare for the interview because I was pretty confident I prepared all the paperwork and provided examples of our 4 year relationship.

Anyway, I would like to re-file the K-1 again. What would be the next steps?

I contacted the Vermont Service Center several weeks ago and they informed me they can not "revoke" my case since they have not received it from the US embassy in Vietnam.

My fiance will contact the US embassy in HCMC again in a couple of days to figure out whether they sent the denial back to the USCIS (U.S. Citizenship and Immigration Services).

kind of embarrassed to be Asian

don't think I'd be able to refile for a K-1 after assaulting the interviewer

Sorry to hear.

My fiancee just got denied as well and I'm looking on what to do next.

Some questions that stumped my fiancee...

What's the name of your fiance's supervisor?

What's the name of a colleague at work?

What's the name of a neighbor ?

They said the pics we provided only showed we met only 2-3 times. She provided lots of pics and proof that we have met from 2006-2009. We even had pics from 2006. We also provided plane ticket stubs with both are names in 2008 and 2009, calling card records, email, chat, texts from my cell, several FedEx receipts etc.

We had all the paperwork but never knew the interview could be so hard.

More to come...