Dan Nguyen

"Roughly 60 years ago, the Supreme Court in United States ex rel. Knauff v.

Shaughnessy4 established the general doctrine that a consular officer’s decision to grant

or deny a visa petition is not subject to judicial review. The Knauff Court explicitly stated

that “[w]hatever the procedure authorized by Congress is, it is due process as far as an

alien denied entry is concerned.”"

Yes, "absolute power corrupts absolutely."

One has to wonder what their real intentions are when Congress gave them this power.

Law and policy are far from the same thing... they can deny for no reason and no law is being broken...

What pisses me off is that TR&HT has just been approved without any problems and we were interview 2 days before them. And we have a daughter with CRBA. I don't think it's the case of them being #######. If that's the case, wouldn't they be ####### to everyone?

Speculations is that they're flexing their authority by asking for an I-684A just to be #######, but maybe there is a legitimate reason we don't know about.

All I'm saying is, I'm going to ask them politely why they asked for the I-864A. I'm not going to call them ####### or pound my fist. That's ridiculous.

here's an english saying to balance out all the viet: "discretion is the better part of valour"

There's another saying. "No one is above the law."

I'll see soon enough if what all you're saying is true.

they can do whatever they want and nobody.. not even a congressman can say a damn thing to 'make' them do anything... best advise when dealing with them is much like dealing with the VN govt.. dont make waves... if you decide to screw with them or call them on something, dont be surprised if the paperwork gets lost for an extended period of time... plenty of other VJ members have been trampled and there wasnt anything they could do... Ask Jerome what he thinks regarding the arrogance of a CO...

Sure you can. You can sue the State Dept. for the actions of the c/o. Even now there's a class action lawsuit against them because of these c/o. Maybe you've heard about it. State Dept. has a very short leash of these c/o but they will still do whatever they want as long as they think they can get away with it.

The I-864A wasn't the only thing they wanted from us. They also wanted copy of my mother's passport. My wife asked "why you need that, she's not listed as a joint sponsor." They smiled and said "ok, forget it." Too bad she doesn't know about the I-864. Has she known and argue the point, she might've receive pink that day.

Couldn't hurt?? You're going to ask the CO "Are you just being ####### asking for this I-864A, when my dad already submitted an I-864?".

Seriously, if you're curious why they asked for an I-864A when it wasn't technically required then go ahead. First, make sure you're talking to a consular officer and not an administrative assistant or (worse) locally hired employee. Second, don't be surprised if the answer is "Because we have the discretion to do that." The real reason could be almost anything. Maybe the consulate in HCMC just doesn't like joint sponsors, and they'd prefer to have one sponsor with a qualifying household member rather than a separate joint sponsor. Maybe they want to put you through the extra trouble of providing proof that the joint sponsor is a qualifying household member. Frankly, this sounds more like something the consulate in HCMC would do. "Hey, this guy says his joint sponsor is his dad, and that he's living with him. Let's make him prove it."

You did read the I-864A instructions, right? You have to include proof that he's a qualifying household member, which means proof that he's your dad, and proof that you live in the same household.

Well, I wouldn't exactly word it like that. Having the discretion to do it is not a reason. Immigration laws clearly states we are allow to have joint sponsors. They cannot refuse just because they don't like. That doesn't sit well with me. Just because they have the power to issue visas, doesn't mean they can trample all over us.

based on what they requested it should be pink that day... only reason that would not happen is if the docs were not in order or the CO was not there that day.(out sick or on vacation) just get them the 864a and 864 and you should be set... they didnt ask for timeline or anything else right?

No, just the I-864A. I'm just worry this is some kind of tactic so they'll have more time to scrutinize our case for a reason to refuse.

i'd just submit the docs, get the pink and try not to engage them in further conversations unnecessarily...could only lead to bad things.

treat them like the soup nazi...anything little thing and it could be "no soup for you!"

So you think they'll hand over the pink that day or say "OK, we'll review and let you know".?

Yeah, great idea. I'm sure that will help a lot!

Couldn't hurt to ask. If we go on the appointment date, will we be speaking to the same c/o who interview my wife?

There's nothing in either the law or the forms that forbids it. The consulate is just being ####### about flexing their authority since they don't generally have a lot of discretion with I-864 affidavits.

I'll make sure to bring this up when we submit the I-864A. See what they say.

Does this áo dài make me look fat?

No, being fat makes you look fat.

Sorry, I just had to put that in.

Thanks hnguyen3k,

That would not be possible for me to file with I-130 form , as in the instructions for I-130, in the section: WHO MAY NOT FILE FORM I-130 ?

I fall in the category in this category:

4. A husband or wife, if you and your spouse were not both

physically present at the marriage ceremony, and the

marriage ceremony was not consummated.

In my case I neither had ceremony, nor the marriage was consummated, as I mentioned before- since we agreed to do so when she's ready to join me, as far as paper-wise.

All USCIS requires is your marriage certificate in order to file form I-130. Which you have. Maybe you misunderstand the word "consummated". All that means is that your marriage is complete. You have a marriage certificate. Your marriage is complete. Of course having a marriage ceremony would be in your favor, but is not needed at this stage of your petition.

I sent an email to the consulate April 14, 2011. Got the auto response in two or three minutes. Got the real response May 17, 2011, with the quote "thank-you for your inquiry. We regret the delay in our response".

I've gotten replies in as little as a few weeks to as long as few months.

Hi Everybody,

First of all, this is a great forum for american dream seekers.

I have a question, if someone can provide me with some insights, that'll be great.

Here's the deal:

I recently became a US Citizen ( 3 months ago ). Before that, in late 2008 I went to Algeria and got engaged to my woman; we did get a marriage certificate( Jan 2009) from the local city hall, however the marriage was not consummated nor there was a marriage ceremony ( we agreed to do so once her papers are ready ). When I came back to the US, I filed for my citizenship ( which I should have filed years ago ), and because the marriage was never consummated, nor there was a wedding ceremony, I filed as Divorced ( from my ex-wife) in my N400. My confusion is, I don't know what to file for her now. Should I use the I-130 ( which they say in the instructions that I can't if the marriage was not consummated ), or the I129f as a K1 fiance visa. Also in the forms I129f, and G-325a ( biometrics , what should we put for Marital Status, Divorced for me and Single for her; or both Married.

Please, I need to know if someone knows, or if someone has been in the same situation.....

MANY THANKS,

Sofiane

You're dealing with U.S. Immigration laws. Not Algerian laws. As long as you have a marriage certificate issued by the appropiate authority, you are consider legally married. You have to file form I-130.

The U.S. does not care if your marriage has been consummated or not. However, no marriage ceremony could raise problem at the visa interview. I suggest you have a wedding ceremony and take lots of photos.

If you are in hcm and want to drop by the consulate to check on your case you have tues and wed from 4 to 5pm to drop in. Bring your passport and the case information form available from the consulate website (hochiminh.usconsulate.gov. From the home page go to the visas > immigrant visa page, scroll down about halfway to the "american citizen petitioner" in hcmc section and click on the link). Or you can pick up the form at the window inside the consulate.

You enter from the street, go through security will be told to go to a window to check in. Get your case form at the first window or turn in your completed form from the website. You will be given a number and proceed to the main room.

I have been there four times, twice in 09, once in 10 and once last march. The first three times I went to the right side, in march I went left. The two rooms are mirror images of each other. Institutional metal benches and a series of windows slanted at a diagonal. Bring a book as cell phones are not allowed inside. No angry birds for you.

If you listen you can hear all sorts of informational (and misinformational) conversations. Sometimes you can hear the CO's and USC's exchanges.

A typical exchange goes something like this: "Number 6014 go to window 5" USC approaches, pleasantries are exchanged.

USC--how long will my case take?

CO---i don't know

USC--i cant understand what is taking so long, i did x on y date.

CO---there are many cases ahead of you

USC--but what about......

CO---there are many cases we are dealing with.

USC--how long will my case take?

CO---i don't know, you can submit additional information but we can't give you an answer.

USC--(with increasing urgency) how long will my case take?

CO---i don't know

USC--(gets out soapbox) this is...(insert string of adjectives) At this point the drama really begins, many stories told with varying degrees of emotion.

CO---i'm sorry but i don't know when you case will be resolved.

USC--delivers parting shot and leaves window generally empty-handed.

CO---Miller time. Has spent a long day deciding the fate and future of all caseloads seen. Will be back tomorrow.

It is not always so dour, if you have procedural or technical concerns things are handled easily. Getting results from a bureaucracy is more difficult.

I think it is a good thing to go and show your support and involvement. It is a good thing to put a face on your case file and it is a good thing to demonstrate your love. So if in town by all means stop by, I think it is a positive. Don't expect too much and keep it upbeat (i know it is difficult). Just keep pushing that rock up the hill.

I haven't seen anyone hit it out of the park at the consulate but I've seen a couple singles some long sac flies and some decent bunts to move the runners over.

Do we go to where they interview visa applicants? Will they let my wife in if she came along?

not the first time they forgot to ask for that.. if I recall they forgot to tell another member last year to have a new I864 submitted..

Wouldn't surprise me if it was intentional.

So you cannot file form I-864 as a joint sponsor if you live in the same household as the petitioner. You have to file an I-864A as a household member. Correct?

not the first time they forgot to ask for that.. if I recall they forgot to tell another member last year to have a new I864 submitted..

The I-864A is useless without including the relevant information on the I-864. The I-864A is not a complete affidavit of support. When a qualifying household member signs an I-864A then they become part of the primary sponsor's household - they have to be included on line 21.g of the primary sponsor's I-864. Their name, relationship, and income has to be included in part 24 of the primary sponsor's I-864.

In addition, there is a sponsor's promise section on the I-864A which YOU, the primary sponsor, must sign. Read part 2 of the form.

If I were in your shoes, I'd prepare a complete set - a properly completed I-864A, and a properly completed I-864 that reflected the information from the I-864A.

Yes, I know both of us has to sign the I-864A. A revise I-864 from me is not difficult. Question remains, why didn't they request a revise I-864 from me to go with the I-864A?

The culture change is a huge thing for our VN spouse... I was just wondering how many of our spouses had never been on a flight before they met us or was the flight to the US the first time on a plane? Some of us went on trip to other countries with our spouse before they immigrated as it was much easier than bringing them to visit here and that was the first time flying..

From motorbikes buses and taxis to planes trains and automobiles...

My wife can't stand the smell of cars and buses. She would rather ride our motorbike to Saigon. She's never been on a plane. I asked her "If you can't ride a car or bus from our house to Saigon, how're you going to ride a 14 hour plane trip to the U.S.?

I constantly remind her life in the U.S. is not a bed of roses like most people think here in Vietnam. Tell it like it is. Most people in Vietnam has the mentality that life in the U.S. is better. While that may be true, you need to tell them that you have to work very hard to get that life. If you mentally prepare them for life in the U.S. prior to arriving there, they should be able to adjust.

Because you're living with your dad. The I-864A is a contract between a sponsor and a qualifying household member. It allows your dad to combine his income with yours.

If your dad will be submitting an I-864A then you will need to revise your I-864 to include his name and income in section 24.

They didn't request a revise I-864 from me. Just the I-864A from my dad.

Odds are that they have the pink ready and will just swap when they get the correct for when all the issue was, was the single form used... not like the info really changed much.. I read where the consulate in Bangkok made a girl go back to the hospital and get the right form because the hospital was using the wrong version.. bam.. there was the pink waiting for her... If it were a timeline request or request for additional documents it would be more hit or miss on whether they would issue pink then or say we will let you know because we dont have time to deal with it now...

Yes, but what I mean is, if we submit on appointment day, they will review it that day and issue pink. If we submit earlier, they will review later. Don't know when "later" will be. See what I'm getting at?

no

yes

You can go as soon as you get the document.. will take at least a week to actually issue the visa after the pink is provided.

Sorry, that's what I mean.

If we submit on appointment date, will they issue pink that day?

If we submit earlier, will they review in a timely manner and issue pink earlier or just let it sit "to be review later"?

Submit that document and they will issue the Pink..

On the 221(g) it say you can submit on appointment date or anytime between 1:00-2:00PM on working days and it will be review later.

If we submit on appointment date, will they issue visa that day?

If we submit earlier, will they issue earlier?

My father is the joint sponsor. Can someone shed some light on why they want him to submit the I-864A instead of the I-864?

they use this IMO... they just ask a question like.. is the relationship real? or are they scamming me? and poof blue or pink...

Well, they had pink ready but issue blue instead. They want I-864A instead of the I-864 my dad submitted.

Questions asked were pretty simple ones. What is husband's father's name? When did your husband came to the U.S.? How old is your daughter? Where's your daughter? Have you ever applied for visa before? Where is your husband currently living? This where they stop and filled out the 221(g) asking for the I-864A.

I wonder if the CO has one of those old magic 8balls to make the decision at the interview...

They probably just flip a coin.