ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionRe-approval of k1
My lawyer said the same, that USCIS is getting fed up with the consulate trying to re-adjudicate all these petitions and for no reason (or very little) so they are reaffirming at a high rate as it is starting to look like from the posts here and by what I'm hearing through word-of-mouth.They denied mine for insignificant reasons and sent it back to ISCIS in Sept of 08' and I got my reaffirmed letters from USCIS this month(June 09').
kosuke85MaleVietnam2009-07-01 04:36:00
US Embassy and Consulate DiscussionRe-approval of k1
I'm wondering how long it'll take for the petition to get back to HCM consulate and for them to issue a notice to my fiancee?
kosuke85MaleVietnam2009-06-28 04:48:00
US Embassy and Consulate DiscussionRe-approval of k1
QUOTE (JimVaPhuong @ Jun 23 2009, 11:24 PM) <{POST_SNAPBACK}>
Ok, let's see if I understand correctly...

You were introduced by her aunt. On your first visit to Vietnam you met your fiancee, asked her to marry you, and had an engagement ceremony. Correct so far?

I think it's clear the CO thought this marriage was pre-arranged by the aunt for immigration purposes. They wouldn't deny the visa just because they suspected the marriage was arranged. Arranged marriages are still quite common in Vietnam. However, the arrangements are made by the parents of the bride and groom months or years before the formal engagement ceremony, which may be months or years before the actual marriage. The engagement ceremony alone usually takes a couple of months to plan. It takes a couple of weeks just to have the ao dai custom ordered to fit. They would also be suspicious of an arranged marriage between a foreigner and a Vietnamese national, unless the foreigner is a Viet Kieu, or ex-pat Vietnamese.

In the consulate's view, the engagement was rushed. They would have expected a more gradual timeline, like you proposed sometime after the first meeting, and then had the engagement ceremony sometime after that. I doubt you presented this as an arranged marriage, which makes the fact that you packed everything into a two week visit even more suspicious to them.

First, yes I agree that it's grossly unfair, but you have to look at it from the consulate's perspective. Vietnam is one of the highest visa fraud countries in the world - not because the Vietnamese are dishonest people, but because there are many Vietnamese in the US who want to be reunited with their families. Being introduced by a family member, followed by a single visit that included the first meeting, proposal, and formal engagement, is a stereotype for a relationship arranged for the purpose of immigration.

PLEASE UNDERSTAND - I AM NOT IMPLYING YOU DID ANYTHING WRONG HERE! I'm just trying to help you see it the way the consulate saw it, and why they denied your fiancee's visa.

Going forward, you have to overcome this by convincing them that the relationship is sincere. If you can afford another trip soon, do it. Take your fiancee someplace fun and romantic (I hear Da Lat is lovely!), spend some money on her, and take pictures. A fraudster would avoid spending any more money than necessary. If there's any way you can be at the consulate if and when she has another interview, then do so. If you aren't permitted into the consulate with her, then wait across the street with the other family members, and give her your passport so she can show the CO you're outside waiting for her.

If your petition is kicked back to USCIS a second time then you may end up having to get married, and start a CR1 petition.

Bottom line - don't give up. It may take some extra time, but you'll get there! good.gif


I have been preparing to go back in a month or two, maybe earlier depending on the response my fiancee gets from the consulate about our petition. We have also considered the cr1 route, but to get married in Vietnam you and your spouse-to-be have to be fluent (and be able to prove this) in a common language. And from what we have discussed in our pm's, this is pretty much off the table.

kosuke85MaleVietnam2009-06-24 18:20:00
US Embassy and Consulate DiscussionRe-approval of k1
QUOTE (JimVaPhuong @ Jun 23 2009, 10:23 PM) <{POST_SNAPBACK}>
The reasons usually are petty. As I said, they were fishing for an excuse to deny the visa and return the petition. There is abundant evidence that the CO has made up their mind before your fiance ever gets to the window for the interview. This is evidenced by the fact that many of the girls see the paper - white, blue, green, or pink - already filled out and ready to be signed by the CO at some point during the interview. There is also evidence that the final decision as to which paper to fill out and have ready is made between the time your fiance is called up to submit her documents, and the time she is called up for the interview, though it's probable they have a pretty good idea which way it's going to go before she's called up for the documents.

The point is that they didn't like your package before they asked her a single question, and were intent on denying, so they grilled her.

So, let's see if we can reverse engineer this and figure out what they REALLY didn't like about it.

How many times did you visit her before asking her to marry you? How many times before you submitted the petition? How many times before she went to the interview? How long was each visit?

Were you present in HCM when she interviewed? You can't actually go into the interview, but it seems to help a LOT if the CO knows you are there waiting for her (they often DO ask).

Did you have an engagement ceremony? If so, how many people attended the party? Did you include any pictures of this with your petition?

Did you have pictures of you with her family? Were these included with your initial petition?

You were introduced by a relative of hers (this is always a red flag). Did you address this in the petition, and describe how you knew her relative? In cases like this they will always suspect that the relative was setting you up to get their family member to the US. You have to bend over backwards to make it clear that YOU were in charge of the relationship from the beginning. If the family member aided you in any way, such as helping to pay for your visits, then it looks very bad to the CO. It looks like the family was buying her an American husband.

I realize many of these things aren't needed by USCIS, so it might seem pointless to include them with the initial petition. The point, as I said above, is that the decision is often made before the interview begins, which means before they have an opportunity to see the evidence your fiancee brought to the interview. Adding the evidence to the petition helps to ensure that the CO will actually see it, since they often don't even ask for much at the interview.

Anyway, give it some thought and let us know. Also, it wouldn't hurt to start a thread in the regional forum and describe your experience. You'll get lots of advice, but more importantly your experience will help others who are just getting started.


1. The first time I met her in person was when I asked her to marry me. I was there for two weeks and submitted the petition upon returning.

2. I was not present for the first interview, but when it was denied I hopped on a plane to confront the consulate and was granted another interview with the visa chief himself.

3. We had an engagement ceremony and invited almost 80 of her relatives, several pictures of the ceremony were included in the petition.

4. We have many pictures of me with her and her family and a sampling of them was included in the petition.

5. I included a letter with the petition (I don't remember if it was required or not, but my lawyer told me to write it and what all I needed to say in it) about how the relationship started and progressed and made it clear that there were no financial contributions from my fiancee's family in the US towards the relationship.

The whole system is very unfair towards the innocent petitioner/beneficiary, where we have to as you said, "bend over backwards" to prove that our petition is true. I should think that the very fact that there are little inconsistencies here and there would add more evidence that the relationship is real rather than a spotless, orthodox relationship petition would be. The relationship between my fiancee and I is by no means "normal" but we are held to the standards of what is perceived in the mainstream to be a "normal" relationship.

Edited by kosuke85, 23 June 2009 - 11:38 PM.

kosuke85MaleVietnam2009-06-23 23:35:00
US Embassy and Consulate DiscussionRe-approval of k1
QUOTE (JimVaPhuong @ Jun 23 2009, 04:16 PM) <{POST_SNAPBACK}>
The number of K1 cases returned by the consulate in HCM is over 50%, but nowhere near 99%. Just have a look at the recent approvals of VJ members with SO's in Vietnam in the Southeast Asia and Pacific subforum.

I assume the attorney you talked to in HCM was Marc Ellis. There is no better expert on the peculiarities of the US Consulate in HCM than Marc, as he has been involved in hundreds of cases there. He probably referred you to the law offices of Tran Hai Duc in HCM. They'll help drill your fiancee on some of the questions the CO might ask, but I suggest you help to prepare her in advance. It has become somewhat customary for VJ members with SO's in Vietnam to post the questions their fiancee's were asked in HCM after the interview. Go to the Southeast Asia and Pacific forum and search for the threads.

Some specific things they flag cases for in HCM are:

1. Not enough time between the first meeting and the engagement. This is contrary to local traditions.

2. Only one or two visits to Vietnam, or visits of only a few days each.

3. No engagement ceremony. A "dam hoi" or "dinh hon" engagement ceremony is customary in Vietnam. Have pictures available.

4. No pictures of petitioner with the family of the beneficiary. Engagement and marriage is a family affair in Vietnam.

5. Petitioner knows or was introduced by family of the beneficiary in the US.

6. Beneficiary doesn't know enough about petitioner. Seriously, they may ask her questions that an American wife of 20 years might not know. If the information is in the documents submitted, or on ANY public record the consulate has access to, then your fiancee should know this information.

7. No common language. If you don't speak Vietnamese, and she doesn't speak English, they are going to question the relationship.

None of these things will automatically result in a visa being denied by the consulate, but they should be addressed sufficiently in your documentation.

The CO's in HCM are well known to issue blue slips for additional evidence, and ask for documents which were never asked for in either "official" packet. The two most common are a timeline of your relationship, and a list of the beneficiaries family in the US. Again, look in the Southeast Asia and Pacific subform for specifics on these documents. Have them ready - don't make the CO ask for them.


Indeed it was Marc Ellis. The reasons for which they denied the case were petty and unreasonable, and I'm glad USCIS thought the same. They listed things such as my fiancee having a limited knowledge of "english email terms", "little knowledge of petitioner's past relationships (referring to my previous girlfriends, and why the heck should she know their names? Half the time I dont even remember them), also that there were not enough pictures of the petitioner and beneficiary together (well not that there weren't enough, but they questioned why there was a day or two gap between some pictures' dates, of pictures of us together, cause I took pictures everyday, just not of us).

QUOTE (Anh map @ Jun 23 2009, 04:32 PM) <{POST_SNAPBACK}>
You should pull out the blue/white slip from the denial and address the issues there. If your fiancee was nervous at the interview then some prep / role playing would help.

Does your fiancee have a lot of family in the US?

Without knowing the reasons for denial it's difficult to offer specific advice. Please post the reasons from the denial and we may be able to offer more concrete advice.

YMR's advice isn't bad (go back and marry) but isn't a guarantee.


She has quite a bit of family in the US. An aunt of her's (good friend of my parents) introduced the two of us.

QUOTE (JimVaPhuong @ Jun 23 2009, 04:36 PM) <{POST_SNAPBACK}>
By the way, your fiance got grilled at the first interview because they didn't think the evidence provided was sufficient. They don't have the legal authority to deny a visa application just because they think it smells funny. They have to find SOMETHING which USCIS did not know at the time the original petition was approved, and which they believe would have resulted in the petition being denied if USCIS had known about it.

In other words, they were on a fishing expedition, and your fiancee was the bait. If you've ever been fishing, then you know that it doesn't usually work out very well for the bait.


My fiancee said that it wasn't the interviewer that was harsh, it was the translator. At this point I have no idea why the visa chief is so sure this petition is, as he put it, a "sham". I really wish he'd just give up and let us get on with our lives.

Edited by kosuke85, 23 June 2009 - 10:42 PM.

kosuke85MaleVietnam2009-06-23 22:41:00
US Embassy and Consulate DiscussionRe-approval of k1
My attorney is an honest man, known as such by me and a couple friends that have gone through him. While his information might be dated he has always helped me when I ask. He has yet to charge me for anything beyond the initial k1 filing. I did read the other post but that by itself does not say this is a common event.

We're preparing for her possibly having another interview but I'm hoping they'll issue the visa without another interview like the first one which was ridiculous.

Edited by kosuke85, 23 June 2009 - 03:55 PM.

kosuke85MaleVietnam2009-06-23 15:54:00
US Embassy and Consulate DiscussionRe-approval of k1
Hi, it's been a while since I visited here, but I wanted to come back and share my experiences to date and maybe get some advice, too. Here's my situation:

In November of 2007 I submitted my k1 petition for my fiancee in Vietnam. I got the approval from the service center in Vermont back in February 2008. Not too long after that, my fiancee got notification from the consulate in Ho Chi Minh city and setup a date for an interview. When she went to the interview, in her words, they were very abrasive in the questioning, and in the end they denied the petition. Upon hearing news of this I flew back to Vietnam 4 days later in an effort to get an audience with the visa chief and try to change his mind. When I got there I stayed in Ho Chi Minh visiting the consulate for 3 days straight trying to get an appointment(I could get inside but they were utterly unhelpful) and just got run in circles until finally on the third day I managed to talk to an American woman (all the people I talked to up till then were Vietnamese working in the consulate and they were very strict in following their jobs, which is admirable but not helpful for me) who was apparently an interviewer and she passed my phone number and request along to the visa chief. In less than two hours after I left I got a call from the chief's secretary to come in the next day to see him. I came back and stated my case and disputed the reasons they had used to deny the case, but to no avail, he said the decision remained the same and that he was sending the petition back to the US for review. So me and my fiancee felt utterly hopeless and wondering what else we could do. I stayed for 2 weeks total before I had to return to the US. We have been keeping regular contact and I've consulted several attorneys to see what we can do. Just a week ago I received two letters in the mail from the Vermont service center saying they had "re-affirmed our previous decision" on the case that the consulate had returned with a recommendation for denial. It said some more but wasn't clear about what happens next. So I called my attorney and he told me that it was pretty rare for them to confirm a previous approval after a consular denial that they usually stick together in the decision making. He said that the consulate returns 99% of all fiancee cases and that the USCIS is getting tired of it, that they are overstepping their responsibilities in the process by trying to re-adjudicate the cases. I asked him what would happen at this point and he said that either they will just issue my fiancee the visa and cut their losses or try to send it back again. Hopefully it's the first of the two events.

I got a number for an American lawyer living in Vietnam and he referred me to a place that studies cases and coaches you for the interview in the consulate. We're currently waiting on word from the consulate before we go ahead with that.

Any advice on what we can do now to increase our chances of passing? Comments appreciated, too.

kosuke85MaleVietnam2009-06-23 15:25:00