joenlemy

Best of luck to you guys. Mr Ellis and Mr.Nam are top notch and will have you very prepared. Relax,take a deep breath, you guys will be fine

I never got a multi entry visa with a travel agent. I sent it to the vietnam embassy. The cost was 100.00.and they also wanted our marriage certificate to prove I had ties to vietnam. There might be a easier way,I'm not sure though.

CONGRATS

I was thinking about applying from there so if it took less time to get approved because its most likely in my case now and if it didn't i would just cancel the application and apply after the 6 months are over , I need your opinion about that...we have left a VM to Marc but you just said he is out of the US so we will be contacting shusterman and see what are our best options , and my wife income isn't sufficent .....Thanks alot and waiting for any ideas and replies

The link for my denial http://www.megaupload.com/?d=JNQ0NPGJ

With Immigration being Federal all a lawyer needs to be is licensed to practice in the U.S. Marc is licensed in the U.S. so that isn't a problem. You may want to send him a detailed email.

I dont want to give any bad advice. The CR1/IR1 doesn't expire like the K1 does. But I'm not really sure what happens when a CR/1 is denied at the USCIS level. Yours is the 1st one I've ever heard of... It has been a year since it was denied, and you didn't respond to the denial letter. That is a good question for a lawyer.

If your wife's income is great enough your going to need a co-sponser.

I have all you just mentioned above...my wife sent the lawyer tons of proof but she didn't bother to send them all to the USCIS , so i guess that was the reason for the denial and yea we have the most beautiful baby together , can i do the DNA test in Egypt and send it to her and she do the DNA test to my son and send it all to them ....also i would like to ask you about something ,my wife is coming in a week or 2 to stay with me for 6 months and go for DCF , should i do that or just apply from there...i dunno whats the best also , we can apply for IR1 now.

Thanks for the replays and sorry for the many questions

If Egypt allows DCF that may be the best way to file.

Your going to need at least 1 certified copy the birth certificate of your child. I tried to have 3 copies of everything. 1 for me, 1 for my wife, and 1 for my lawyer.

Most likely they will ask for the DNA test. But like someone else said wait until they ask for it. it will add more time to the petition. When you do file DCF you might to ask about the DNA test before hand. They may allow you to do it before hand. It never hurts to ask. Your also going to need to reference the previous petition,and the reason it was denied.

Marc Ellis has his office in Vietnam. Another lawyer I have done some background on is Carl Shusterman here is a link to his website.... http://shusterman.com/ .He is out of California...

If you have been married over 2 years IR-1 is the way you will file

you and your wife have a lot of work ahead of you. its good that you will be together for the next 6 months.

Is your wife's income sufficent to over come the 125% above poverty level ?

Hang in there it will be worth it in the end

VN consulate is tough. imo. The dam hoi is a important part of the engagement process. Better to wait and have the engagement ceremony. no need to rush it....

Good Luck

The case never came here , it was denied from there .....so its been over long time ago ...and thanks for the link and the advice

Wish you the best luck too

My mistake!!!Your petition never made it past USCIS. Knowing that I would suggest filing again . This time include everything you have of your relationship, photos, letters,phone records...Trips she made to see you. Money you sent her, money she sent you. anything you can come up with. Letters from family.

You have a child together...Are you listed as the father on the birth certificate? 1 of the strongest pieces of evidence to a bonafide marriage is having children together. You may need DNA testing to prove this.

Everything about you and your spouse is their business. its sad but true

CONGRATS

"Stereo typeing is many of the reasons our immigration challenges exists"

Well said

They basically didn't say it straight up so i don't have to fight it , This is the part am talking about.

II shall be noted. however, that the nominal submission of prima facie evidence may not be sufficient to

establish the bona fides of a claimed relationship. as many of the items simply involve paper documentation

- -- -- that.can.be.easily.set-up .to-make .a..-fraudulent-marnage-appear ..bona-fide such records can be changed and

manipulated within minutes by simply completing and submitting forms to the appropriate administrative

offices. But more important, this type of documentary evidence gives absolutely no insight into the nature

of a claimed relationship, (he level of emotional involvement, or (he day-to-day activities of such

relationship.

Am sorry if it had mistakes, i just copied it from a scanned pdf file.

Sam, Everything about immigrating to the U.S. is a fight. It is our Responsability to prove the bonifides of our relationship to our SO. You got denied 10/27/10. If you got denied then you petition should have been sent back to USCIS for denial proceedings. If you and your wife didn't respond to the NOIR or NOID then I believe you would have gotten a P6C marker in your file. Filing a new petition.IR1 ,your still going to need to prove your relationship to your wife is bonifided.

Someone suggested contacting Marc Ellis. I have to agree, here is his link http://www.marcellislaw.com/

Best of luck to you

congrats :thumbs:

Thats good to know Scott. I'm guessing they will only deliver it to the applicants address on record. I didn't see anything about being able to request where to have it delivered it to.

I just noticed this on the HCMC website. I wonder if this will speed up or slow recieving your visa.

Immigrant Visa Delivery Service Starting on October 17, 2011

THIS NOTICE APPLIES TO ALL IMMIGRANT VISAS APPROVED AND ISSUED AFTER OCTOBER 17, 2011. **

Effective Monday, October 17, 2011, immigrant visas will be delivered via courier service. All immigrant visa applicants must use the courier service. Picking up visas in person will no longer be allowed. The visas will be delivered country-wide via EMS Courier Service. The delivery fees per person are as follows:

WITHIN HO CHI MINH CITY: 77,000 VND

OUTSIDE OF HO CHI MINH CITY: 165,000 VND

The purpose of this change is to provide better customer service to our applicants and to allow shipping of the visa packets and passports with completed visas back to the applicant in a timely manner. The use of this service is required for all applicants wishing to immigrate to the United States.

**If your visa was approved and issued prior to October 17, 2011 and you were given a sheet with specific instructions to return to the Consulate on a specific date to pick up your visa, please continue to follow those instructions.

NOTE: This only applies to applicants who were issued a visa after October 17, 2011 For further information click here. http://photos.state.gov/libraries/hochiminh/174995/pdf/visa-announcement-for-EMS-_english%20and%20vn%20handout_.pdf

CONGRATS :thumbs:

All you can really do is hand in everything they ask for and hope for the best(PINK),and be prepared for the worst. Red flags are there, hopfully you had enough evidence of a bona fide relationship to overcome them. Best of luck to you

According to the NVC website. a Required doc does not need to be translated if it is in the Applicants native language. Woops forgot this is HCMC, forget I said anything.

This is from the NVC web site . Interview prep...

Note: All documents not written in English or in the official language of the country in which the interview takes place MUST be accompanied by a translation in English. Translations must be certified by a competent translator and notarized. Translations submitted to the NVC will be included in the applicant’s case file.

No Problem Daniel

1) Lawyer interviewed my wife ,and did a back ground check on me. He sttempted to turn in our evidence. but our cas had already been returned to UScis.

2) We had quite a bit of evidence. our joint 2010 tax return. all of our phone records, chat records, money i had sent my wife, letters, cards reciepts for roses i had sent her. the letters she had written me. all of my plane tickets, the visa stamps in my passport. all told we had 4 lbs of evidence.

3) as for cost... priceless, if it helps my wife and I being together. I would say his cost is very reasonable. I asked some stateside lawyers that didn't have his experience, and retaining him was a no brainer. Marc Ellis http://www.marcellislaw.com/

Marc is in Vietnam, which give my wife access to his office. also Mr. Nam does vietnamese to english Translations. . . .

Will do. The biggest difference this time around is the 4 lbs of evidence that the consulate in HCMC never bothered to look at .I havn't seen my wife since Jan of this year. I couldn't take a chance of missing the NOIR. We talk 2 times a day, morning a evening.

no problem sharing. We dont share a common language, we have only been together 3 or 4 days. she doesnt know where I work. and she doesn't know where I live.

Marc Ellis did our rebuttal. I felt there was to much at stake to handle it myself. Marc is a damn good lawyer. He is also a member here.. With him being in Vietnam it is a big plus

Thanks Ronnie&Hang

Thats good news Kevin, Thanks for the info

When I checked my email this morning. I got a suprise that I never expected quite so soon. Our petition was reaffirmed yesterday. I'm not sure what the normal processing time is to reaffirm a petition, but our's was done in a week. It would have been nice to be with my wife on my birthday, but I think having our petition reaffirmed will do just fine.

From what I've been reading here it looks like NVC is lagging behind, and with the holiday season coming up a interview will not happen this year

This morning I recieved a email from USCIS saying our case was reaffirmed. They got our case on OCT 5, and reaffirmed it in only a week. What a Birthday present :dance:

Now round 2 with consulate in VN.

Thanks to everybody for your support :thumbs:

CONGRATS

CONGRATS

Sorry to hear about your petition being sent back. Thats means the consulate denied it. You should find out the reason for the denial. CSC may let it expire, and they may send out a NOIR (notice of intent to revoke). Burden of proof is on US to prove a boni fide relationship, K1 CR1... Getting married means starting from scratch.

You may want to go to the consulate and ask about your passport. If your petition was returned to USCIS they should have returned it...

Best of luck to you

CONGRATS