wait4ever

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I don't understand what kind of Embassy we have over there my friend emailed me earlier and said he spoke with a lawyer and the lawyer told him that Manila would not accept a co sponsor for even a K3..my friend was going to buy a plane ticket and fly there and marry her now hence he thought that would be better..So he could use the co sponsor. The person co sponsoring is his fiancee's uncle who lives in Hawii..My friend is on disabilty so he is limited to a yearly income I can't believe the US Emabssy laws in some places..I think if they accept a co sponsor in most of the Embassy's then they all should accept them..Thank you and Yodrak for your replies.

Michelle

The descriminating use of joint-sponsorship is a policy to control immigration based on race. The uneven use of this policy is entirely prejudicial. When you allow the use of joint-sponsors in some countries and disallow it in others, dispite perfectly good joint-sponsors, it's obvious that those non-issuing Embassies and Consulates do just not want to give out visas to people of that nationality or race.

I have often wondered how many disabled Americans are unfairly treated by the State Dept. concerning the issue of joint-sponsorship. Another reason for allowing judicial review of Consular decisions.

I feel for you guys, and have no advice. BUT your advice about the clothes is good. I don't know what is going on with some of those consulate guys... that is discussion for another thread... but it would seem you really have to put on a 'show' for them.

When you think about it, that guy could have easily been fooled by a scam marriage if someone met thier scam-fiancee for one day and wore 10 different sets of clothes. Makes you wonder why a guy would base an important decision like that on clothing... but he did and I suppose everyone needs to comply.

During our Interview my fiancee presented 52 photos and the consular officer choose only three and took them. Many of these photos were of our ceremony in VN. In the consular report that denied our petition he wrote it appears the ceremony had only 8 guests. In reality, we had over 60 people present I sent along other photos showing many more people in the back ground to disprove what the consular office said. I also had all my fellow employees at the Elementary School where I work sign a signiture petition endorcing the fact I world marry my fiancee within the required 90 days of her arrival. I believe this new information insured Nebraska Service would reaffirm their decision (as they did) those 40 signitures helped.

Was she given a blue sheet at the time of the interview and that is when they said there were only 8 people at your cerimony? Was she outright denied at the interview or did they ask for further evidence?

She was given the blue paper and they (consulate) asked me, to send them, a video of me speaking Vietnamese (Fiancee said I did ok B+) she bias of course. I learned of the 8 people reason when I got the written letter from the consulate about 6-7 months after they denied her.

The folks at USCIS must just shake their heads when they see a denial like this. Denied for number of guests at a wedding? Wearing the same clothes in pictures? Does this outweigh the proof of relationship(e-mails, letters, trips)? Where is the concrete evidence that USCIS wants when a petition is returned to them? The Conoff seems to have made speculative judgements in this case. What a waste of time and people's lives.

The Consulate (after her Interview July 2005) returned our K-129F petition. Consular Officer said; We believe as reasonable people do, "NOT" anyway, They said we were trying to evade immigration laws and we have a sham relationship. As of June 12, 2006 I have received a DECISION letter from Nebraska Service Center STATING: After review of the record, including any responses you have sent to this office, the approval of the petition is REAFFIRMED and the petition has been forwarded to United States Consulate/Embassy at Ho Chi Minh City

What is the likelihood of the Consulate (Visa Unit) in Vietnam to now approve our petition? does anyone know, do we have a little better chance of them approving our petition or do we now have absolute approval?

Has anyone had to go this far for a K-129F? Our Notice of Action I-797C NOA2 receipt date is December 3, 2004

The Consulate sent our petition back to the SC who approved our petition in September 2005 and I got a chance to rebut the consular officers findings and recieved the reaffirmed decision letter from Nebraska Service Center on June 12, 2006 (you do the math on how long one MUST wait to resolve a matter like this)

I recieved the consulars report as to why it was denied and declared a sham relationship. They said because I was in my Fiancee company for 2 days only.

I was in VN for 20 days. I wore a suit and tie during our ceremony and all the others day I wore my carhart clothes. All, if not most of our photos taken together in VN visiting all the sites/landmarks days and or nights together I was wearing my carharts... Word to the wise: CHANGE CLOTHES DAILY WHEN BEING PHOTOGRAPH of you and your fiancee taken together that you plan on presenting at the time of interview.

Stay happy and Healthy when waiting..

Martindart,

Please see my reply to your previous post on Consular procedure. The couple that was successful with their denial/reaffirmed case experienced a delay in the paperwork being returned to the HCMC Consulate after it was reaffirmed. They required the help of a US Senator to track down the case and get it back to the Consulate. My advice would be to get in touch with your Senator on Congressman's office (which ever one is willing to help) and have them track this thing now!

Come on down to the Southeast Asia forum and join the Vietnam family. There is more specific info/opinions available on the feifdom of the HCMC Consulate and it's practices.

Hi martindart,

Going through the K-1 visa process at the US Consulate in HCMC as well, I found your post interesting. I would be interested to hear more details (i.e. reason for denial, evidence you submitted, etc.).

If you haven't already found it, there is a regional forum with a wealth of specific detailed information about other Vietnam VJ members going through HCMC. Come on over and have a chat with us specifically. Perhaps we can help you out, or you can offer us some further details about your case!

Link: Asia: East and Pacific (Except China)

STL_HCMC

Yes, This information I posted has nothing to do with IMBRA. My point is Petitions do get returned and to simply file a new K-129F and fail again is heartbreaking. Should it happen, and it will to some... you must be ready to fight back because if you don't the fight back the reason why a consulate did return petition will haunt the next K-129F and be denied again for the same inital reason.

Hello STL_HCMC

Found my way here. I have to go to work now and I check back here again after work today.

martindart

There are no procedures for what happens next after you are denied and the petition is returned. Unlike the inital K-129F it is all spelled out, easy to do, customer service to call, easy to check the status of ones petition via a recept number. all the doors of information are closed once you are denied. I don't want anyone to go through what I am going through. Some attorneys feed on this and get you to pay thousands of dollars from you after you get the news from your fiancee and the consulate wont talk to you about the matter they say; speak to your fiancee the matter is closed in our office. your fiancee wont know why... You have to wait (for me) about 6 months to get their report for the written reason(s) as per the guild lines I posted perhaps I should not have posted that information here but I wish someone shared this information with me so I was prepared for the worst and not so confident that just getting an NOA1 and NOA2, letter from NVC, My fiancee doing the medical thing, packets, passport and the bottom falls out because a consulate officer has a bad day at home.

Just be aware and ready. Don't count you chickens before they are hatched and be ready to celebrate or to fight back as I am now doing.

Martindart,

Keep your chin up and fight this one! I know of a couple that just went through this at HCMC. Their denial was overturned quickly (reaffirmed), however their paperwork took the slow boat back to Vietnam. After another interview and more haggling with the Consular officers, they were finally approved. They are now together here. The whole denial/affirmed/approved process took over one year. Just be persistant.

I am praying the Consulate doesn't view are petition as suspicious due to the fact it was recalled for unrelated case specific issues. They have really screwed this up big time. There are 10,000 petitions affected at this point. I sent an expedite request today.

For all the wacko reasons and excuses the HCMC Consulate gives for delaying a visa, I can't see this as being one of them. They know that these cases within a certain date range were sent back for the IMBRA fiasco. I don't see how that would reflect poorly on your relationship. I only hope that this is all resolved soon.

Any update on your case wait4ever?

My fiancee had her second interview last fall. It seemed to go well and I think they finally accepted our relationship as bona-fide. They gave her a blue slip pending financial questions about me an my joint-sponsor (a parent). After I answered those questions, they delayed us again under the public charge provision. It appears that they won't consider my joint sponsor, or any other joint sponsor. Their decision to do so does not seem to relate to the answers that I gave them previosly. It seems as though they just applied the no-joint- sponsorship policy to me as they have to many others across the board, in 2006. Since our case has been at HCMC since late 2002, the subject of joint-sponsorship was never an issue in our case until this year.

I am still looking for a good local attorney to come up with some options. In my first attempt I just came across a lot of dejected attorneys. They were all reeling from having joint-sponsorship paperwork sent back by the HCMC Consulate. None of them had a clue how to handle a case in AR or strategies for the "overcome" situation. Sure, they know how to fill out the paperwork, but beyond that, clueless. I am hoping an AILA attorney will be more knowledgeable and can help us overcome the serial blue slips HCMC keeps giving us.

Mike,

So sorry to hear of your IMBRA hassles. I hope they are able to clear your case soon. At least you know where your case is and why. Our case went for over a year in AR and the only answers I ever got were"your case is pending review by a CO", etc. I understand the sort of helpless uncertainty and feelings of sytemized victimization that you are going through. Be strong and continue to grow your relationship with your fiancee. Don't let the fear get in the way of your relationship.

Kevin and Loan, it is a relief to those of us in a similar situation to see someone come out of AR successfully. Kudos to you two for being strong and sticking with the process, however unpleasant that it was. Thank you for sharing your story.

I want to share news of another K-1 couple going through HCMC. They do not post on VJ. This was a case where the holdup centered around language. The fiancee claimed that they converse in Vietnamese, which they do. He was waiting outside the Consulate during her interview. The interviewing officer, who used to post here on VJ, pulled him in and had the interpreter test his ability. Jetlagged from arriving the night before, the petitioner did not perform up to the expectations of the interpreter. They got a denial and the case was sent back to the US, where it was overturned in the couples favor, and very quickly (called a re-affirmed case). It took a long time getting back to HCMC, and there was another interview and more blue slip haggling. Finally the fiancee was granted a pink slip. However, they pulled the same trick on them that they did to K&L. They told the fiancee to come down to p/u the visa, then sent her away pending a "re-review". They did this not once, but twice! Finally she was able to pick up her visa and much to their relief, they are now re-united here in the US.

That makes three recent delayed/denied cases (@ HCMC) that I know of that have had a positive outcome. I am hoping that it sets a positive precedent for the future.

Welcome anh map,

To answer your question: do not, and I mean do not "misrepresent" your information/situation/circumstence in any way. If your fiance is currently employed and working, make sure you put that down on the P-3 and P-4 when they arrive. No, you do not need to give them "Employment Verification" document of any kind, they just need to know you work there, TEL and ADDRESS of your employment are useful. BUT, the consulate can ask for anything if they want to understand your case and be sure about it! So, be prepared...

good luck,

chuck and kim

I would agree with this. You must not misrepresent any information. I have never heard of anyone being held up for a visa because of their (legal) employment.

Sparrow...

the summary of your relationship letter is part of your I-129F application requirement. Therefore i'm not sure why wait4ever advises against it... Wait4Ever's case is an exceptional case which I still don't understand why he's been delaying all these years. There is no trick to this letter, you and your fiance will sit down and decide what will be writen for this Summary.

Two styles I've seen for this Summary Letter:

Facts stating letter: we met XX-XX-XXXX, did this, did that, decided this, did such and such.

Put your heart out: we were inloved at first sight, blah blah blah, long walk on the beach and propose to her blah blah you get the point?

Either way, it is extremely important you two agree what to say on this letter and memorize it!!!!

Good luck,

chuck and kim

I was referring to a statement submitted at the interview in addition to anything submitted with the I-129F. That is what I thought the original question referred to. I agree, it is extremely important that both agree on what to say in any statement and have it memorized. I would also like to add that you need to be ready to back up just about anything you say with some kind of proof, because they just might ask for it.

I didn't need a lawyer:

This is my personal experience and also based on personal conversations with Consulate Officers in the Irish bar on Le Thanh Ton street in District One.

So that's where they are! While I was waiting in the Consulate hall for two consecutive days, I could never get to speak with a US officer. And they were down at the Irish bar the whole time! Why I could have had my case heard and downed a pint at the same time. Instead I got nothing. Bloody briliant!

Actually, The HCMC consulate folks prefer to "pass" petitioners so they won't have to deal with them anymore.

Well, well, yet so many decent couples are left in the lurch with incomplete or no explanations for their delays. Lives left to twist in the wind. Looks like you got the "diplomatic" answer.

That is so AWESOME! CONGRATULATIONS!!!!

You really need to be careful about any statements you make concerning your relationship. The Consular officer can really pick it apart and use it for fodder against you. I did this initially and in my fiancee's first interview there was a misunderstanding between the Consular officer, the interpreter,and her during the interview. We got blue slipped with this statement "your stories do not match, etc.". That was one of the big delays we had at the start. We did finally explain that but it served to delay us for over a year. If I had it to do over again I would not have submitted that statement. It's the Consular officer's job to judge your fiancee's case based on the information before them and your fiancee's interview. Let them ask your fiancee the questions about your relationship. If you have a special situation concerning your work, school, or finances that would be too difficult for your fiancee to relay in the interview, that might be something you would want to speak to. Always be very careful about any statements that you make and be sure your fiancee understands what is in the statement, if possible.

Have your fiancee show any phone cards used. It helps if you also have reciepts for the purchase of the phone card. Yes, sometimes they will look at phonecards as evidence. Not the preferred method, but they do like to see everything. It's best to present an overwhelming amount of evidence at the interview. Once they see enough they'll just waive the rest off.

I am shocked! Shocked!

I can really identify with this story. My fiancee and I have been in AR for three years.

It's really tough when you want to share all that is special about where you live and the people around you, yet you can't because of your own government. I watch other couples growing, having children, building lives. Ours has been delayed for years. Each holiday becomes a description of who was there, what happened, instead of an experience together.

I hope the couple in the article has better luck with the immigration process. Everyone deserves the chance to see their dreams come true.

CONGRATULATIONS!!!!

QUESTION:

Since I am divorced and have 2 children, and my ex wife and I settled

everything out of court. What documents besides the single page divorce

decree are needed if any?

ANSWER:

As normal requirements, divorce decree is enough. However, it depends

on the interviewing officer's decision at your fiancée's interview

whether further documents about your divorce are required.

QUESTION:

Once Huong gets her police clearance, is she able to get these

translated anywhere in hanoi, or are there specific places that you request

them to be translated?

I had her divorce decree and birth certificates for her and her son

translated here in the US, is this ok, or will she need them translated

there as well?

ANSWER:

We don't request the translation of any documents in Vietnamese into

English

Well as you can see, the information is pretty much useless, because not one asnwer was completely true.

Well, well, how nice of them to give such a solid answer! "If we need further documents on your divorce papers, we'll just let you know with a blue slip.....".

My fiancee has always been required to submit translations of Single Status and Police records. I would not trust the aswers you are getting. Better to spend a few extra dollars and have translations done as well as include any extra divorce documents that a Consular officer "might" want to see.

kvtran,

May the visa gods grant you and your fiancee PINK! Best of luck!

Guess I'll have to explain to the family that I cannot drink beer. I'll just tell them I cannot drink hops.

When you tell the men in the family this, they will likely pull out some Vietnamese rice wine (i.e. moonshine, white lightning). They always like to get the foreigner drunk, so be careful. Make sure you share shots or take equal shots. Don't let anyone at the table (usually all men) pass up a round after you. Otherwise they'll just keep making you drink more than they. If anyone cheats give them some ###### about it, in a funny way.

If you have had enough drinking, it's OK to excuse yourself to go sleep. Sometimes my sweetheart will come to the table and scold me "you don't drink too much!". She'll take some heat from the men, but it gets me out of the heavy drinking that often goes on. Work out a plan with Anh ahead of time to get you out of too much drinking.

Don't drink beer with ice in it. I got gawd-awful sick the day after our engagement ceremony from drinking beer with ice in it. Now I'll drink it warm if I have to, although the men in the family now make sure my beer sits on ice in a cooler just to keep me drinking! Good luck Matt!

Thank you very much for your offer of advice. Come on down to the Asia:East and Pacific forum under the Regional forums section. Introduce yourself and maybe answer some of the many posts we have there.

As a K-3 case I believe that you have the option of presenting and I-864 affidavit of support. As we have seen on another post, Consular officers are limited to a more narrow interpretation of the I-864. Your chances of a having the 125% of poverty standard applied may be better than say, if you were filing a K-1 case and an I-134 affidavit of support. I would say that it is better to provide the previous year's tax returns than to get a blue slip later asking for them.

An appropriate description would be "future daughter-in-law".

I believe this information is contained in her family's household register, which she must submit to the Consulate in one of the packets.

Congratulations! Kudos to your congressman's staff for successfully intervening on your behalf. That is very encouraging. If you could, please give us some more details on what happened.

Actually, I think the solution is simple.

I get it that she is a traditional gal who doesn't want to shack up with someone who she is only engaged with, so

- withdraw your K-1 Petition

- cancel your engagement ceremony

- have marriage ceremony instead

- move to France as husband and wife having year long honeymoon in Paris

- next year move to U.S. as U.S. citizen and Student

- Apply for AOS while in US under a different status.

Think of the problems you solve!

- no more worries about blue slip or co-sponsor issues

- no living in sin

- you have time to build income history for affidavit of support

- and most importantly, no more Mr. Blue Balls.

See- problem solved.

Oui! Oui! C'est une bonne idee!