ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate DiscussionFiance' Visa Denied!
Michael,
Here is a link to a topic that may give some insight as well as connections to others that went through what you have ahead of you...
http://www.visajourn...howtopic=223421

Edited by ScottThuy, 20 October 2009 - 11:16 PM.

ScottThuyMaleVietnam2009-10-20 23:15:00
US Embassy and Consulate DiscussionFiance' Visa Denied!
QUOTE (MichaelAndKha @ Oct 20 2009, 10:37 PM) <{POST_SNAPBACK}>
My fiance just got a letter from the US Consulate in Vietnam. It's a blue document and they denied her a visa.

Several reasons they stated:

- Photographs submitted as evidence of the relationship indicates that we only spent one or two days together.
This is not true, we actually spent 5 days together out of the 7 days I was in Vietnam during my first trip.

- Beneficiary and petitioner submitted no evidence of any engagement celebration. This contradicts social and cultural norms in which many family members and friends, including those in the US, are invited to engagement celebrations numbering in the hundreds of guest for families of even modest means. Together with other factors, this has been established as one of the key elements of a sham relationship to evade US immigration laws.
We did in fact have the Dam Hoi (engagement ceremony) last month, but it was too late to submit this as evidence since the case was already under review. I even went to the US Consular office in Vietnam and spoke to the officer several days before our Dam Hoi was to take place. I told him about our upcoming celebration and he made a note of it. I asked him if there is anything else I can provide as evidence. He said "No, there is nothing else we need from you. We will notify you and your fiance when the case has been processed." That was basically it.

- Beneficiary is unable to provide basic facts (such as ceremony, manner of celebration, venue, guests or approximate costs) regarding the claimed planned marriage in the US. It appears that the relationship is a sham or that Beneficiary has no actual intent to marry within 90 days of admission to the US. Furthermore, Beneficiary stated that she and petitioner have no planned Honeymoon.
I did already give some facts about our wedding ceremony that would take place even though it wasn't specific. I didn't know they were so picky about this, jeez.


This whole thing makes me upset and frustrated. I'm going to make a rebuttal claim with USCIS as soon as a I hear from them.

Has anybody here gone through the same thing or similar?

My fiance gave me this link to an article which can give more insight about visa denials.

I'm still in a state of confusion blink.gif

Michael

This is more common that we would like in HCMC... There are 2 others going back to the consulate soon after getting reaffirmed...
ScottThuyMaleVietnam2009-10-20 21:56:00
US Embassy and Consulate DiscussionI-134 tax question
The I-134 isn't about your taxes, its about your income.. If you can prove your income, there should be no problem.. Have a copy of the most recent letter from IRS regarding your 2008 filing should the CO ask... Pay stubs banks letter and the like should be enough... have the previous years tax transcripts if they were filed...
ScottThuyMaleVietnam2009-11-09 15:07:00
US Embassy and Consulate DiscussionIs it a good thing to contact my senator regarding my K1 Visa interview/packet 4???
call DoS and inquire about the status of the case and if pkt 4 has been sent... 202-663-1225 when the recording starts press 1, then 5 then 0...
ScottThuyMaleVietnam2009-11-09 15:45:00
US Embassy and Consulate DiscussionAILA versus Ho Chi Minh City Round 2
QUOTE (Gary and Alla @ Dec 14 2009, 11:05 AM) <{POST_SNAPBACK}>
Reminds me of how copper wire was invented...two attorneys fighting over a penny.

blink.gif
ScottThuyMaleVietnam2009-12-14 16:03:00
US Embassy and Consulate DiscussionExpired I-94

thats the first time i hear that someone can get banned for not filling AOS once the i 94 is expired

most have sense enough to file AOS before they overstay that long... a year + of overstay is a big deal to DHS nowadays.. they reported today that there are some 4million + visa holders currently in ovestay staus in the US. I suspect some of these are K visa holders that either didnt understand the entire process or dont have the $ needed...
ScottThuyMaleVietnam2010-01-03 17:00:00
US Embassy and Consulate DiscussionExpired I-94

i belive the i 94 your talking about is the visitor waver ( green one ) yes you can face a ban if the visitor waver I 94 is overstayed ,
but its differant with the K1 , i 94 ( wich is white in color ) this is a one time entry I 94 with expiration date of 90 days ,
the 90 days is to get married has nothing to do with AOS :)

the visa is good for 90 days and anything after that is overstay until they file for AOS... It does not matter green or white.. overstay is overstay... if they wait too long to file AOS they run the risk of a ban... if someone entered the country on a K-1 married in time, but failed to file AOS for a couple of years.. they would have more than a hurdle to overcome.. it would be more like pole vaulting at that point...

there is only 1 I-94... the beneficiary completed the I-94 form prior to POE and the I-94 was 'issued' at the time of entry into the country..
ScottThuyMaleVietnam2010-01-03 15:57:00
US Embassy and Consulate DiscussionExpired I-94
it all depends on how long you wait.. anything after the I94 expires is considered overstay.. if you overstay the visa by too long, you run the risk of serious issues.... keep in mind that there are bans associated with long overstays... as long as you are not talking about several months... you should not have much of a problem... file for AOS ASAP to avoid problems...
ScottThuyMaleVietnam2010-01-03 15:18:00
US Embassy and Consulate DiscussionK-1 sitting at NVC
If it is actually in AP, expect a month at NVC..
ScottThuyMaleVietnam2010-01-20 16:22:00
US Embassy and Consulate DiscussionDid we get the Approval?
you got a visa and they sent an extra paper by mistake
ScottThuyMaleVietnam2010-01-25 18:05:00
US Embassy and Consulate DiscussionDid we get the Approval?
Sounds like you are approved and they slipped an extra piece of paper in by accident.. all you need to do is call DoS and ask the status of the case...
ScottThuyMaleVietnam2010-01-25 17:57:00
US Embassy and Consulate DiscussionLagos Consulate Round 3!!! Fight!!!

Pushbrk,
Thanks for the reply. I agree and disagree with your post. I agree with your post to extent that calling each other husband wife on emails would be a problem. But we honestly didnt know that. If we had knew, Im sure the outcome of this case would have been a little different. I disagree with your post because I do feel indeed that most VJ members on this website do bash each others cultures. Like I said before, this visa journey is a long and difficult journey. I really feel as adults (Im presuming) that we be more considerate and sensitive when reply or advicing couples. No one in their right state of mind being in the situation Im in wants to hear "I told you so, How did you not know, Why did you do that" etc belittleing comments of such. Am I having a visa interview with another CO or a VJ member? That can lower ones intergrity and thats not fair. I hear time and time again Your dealing with the highest fraud consulate. Were not the only one. I really wish that people on this website can show more empathy towards fellow members. Nothing else is impacting my case status. What I posted is what really happened during the interview. I just feel if no one has any good advice or words of encouragement, then dont post a response.Its just that simple. We VJ members are hear on this website for the same purpose: to migrate and be with their loved ones and have a smooth visa journey so that the process will not be difficult.People need to be mindful of what they say to others. Its not what you say, its how you say it.
Nwanyioma

You are so much closer to the visa than before... it will happen soon... Thuy and I call each other husband and wife even though we are not yet married.. were it not for the visa hurdle, we would have married a long time ago... Others I know use the same terms for each other and they were approved...
ScottThuyMaleVietnam2010-01-16 18:54:00
US Embassy and Consulate DiscussionDAT files chat logs
QUOTE (Bruce and Carna @ Aug 17 2009, 06:54 PM) <{POST_SNAPBACK}>
QUOTE (navyswife @ Aug 16 2009, 09:37 PM) <{POST_SNAPBACK}>
The default install for YM is in c:\program files\Yahoo!

with the archives in a folder under that:
Messenger\Profiles\<your YM user name>\<your chatmate's name>

In your chatmate's folder should be all the dat files with the date as part of the file name. If they aren't there you can't open them with YM's archive link.


Thanks for that. Yes there is no date indicated its is only like icon of window media player says DAT file 9 KB iconindex.dat. So that can never be opened? Hwat does it happened?


The iconindex.dat file is not one of the archived chats. If you only have one hard drive in your pc (like drive c:), you can search the entire drive for *.dat. Double click on <my computer> and then on drive c:. Do a Control-F (Ctrl + F key) to open a search window. You should be able to tell indicate what you want to search for... perhaps all files...

Put in *.dat

The asterisk is a wild card, maning the search will show ALL files with the extension of .dat. You can see the path in the search window. IF you have YM archive files, you should be able to see where they are located. I'm just now thinking... you did have archiving messages turned on?

I've upgraded my YM many times, and still have my archives from the past two and a half years.

Good luck!
Bruce


I just did a screen shot of the archive list showing the dates of conversations.. they shouldnt need to read the content IMO... I then pasted the screenshots into a word doc and printed 9 pages of dates of communiction showing both screennames on the archive list.

ScottThuyMaleVietnam2009-08-17 18:01:00
US Embassy and Consulate DiscussionInterview Question
most consulates frown on digital media... they usually require paper documents and photos rather than CD's DVD's VHS tapes etc...
ScottThuyMaleVietnam2010-02-05 19:53:00
US Embassy and Consulate DiscussionQuestion about passport

Question about passport

In packet four it states that my fiancé must have a passport that is valid for at least eight months past the date of issuance.

The date the passport was issued was on October 17, 2005

The date the passport will expire is on October 17, 2010

The passport will expire in seven months!

I am thinking we are OK because the statement in packet four references the date of issuance (“have a passport that is valid for at least eight months past the date of issuance.”)

We are nervous though because our interview is on March 4th and we do not have enough time to renew her passport.

Anyone have some insight on this?

Thanks, Robert and Mai

She will still have time to go to the governement office before the interview and after the holiday to get it renewed... a little coffee money should get it expedited to avoid any issues with the visa...
ScottThuyMaleVietnam2010-02-16 16:46:00
US Embassy and Consulate DiscussionApplication Fee
Moving to Genera Consulate discussion area as this is not related o Vietnam specific discussion.
ScottThuyMaleVietnam2010-03-02 19:20:00
US Embassy and Consulate DiscussionHow long was your interview?
approx 75 mins.
ScottThuyMaleVietnam2010-03-09 00:32:00
US Embassy and Consulate DiscussionPacket 3 & 4 Help

Thanks Ronnie & Bernie.

Section 1-5 is about passport. (1. passport#, 2.place of issuance, 3. issuance country, 4. issuance date, 5. expire date)

I don't think she has passport(ho chieu) or (not sure if this is the same"cmnd - chung minh nhan dan")... so blank for all these field?


thanks

~confused,
~Q.T.

She must have a passport to come to the US... if she does not have it.. she needs to get it now...
I filled out the forms and then had a friend take them to her to finish...
There are many examples on here of the other stuff that she will need to have for the interview... go through that list that is on the consulate website as well as on pkt 4 .. one item at a time and be sure it is present and correct... start preparing now as some of the stuff can take some time to get...
ScottThuyMaleVietnam2010-04-02 14:48:00
US Embassy and Consulate DiscussionK-1 visa, getting married and interview
if you marry before entering the US on the visa, or before the interview, you will no longer be eligible for the visa...
ScottThuyMaleVietnam2010-04-16 20:37:00
US Embassy and Consulate DiscussionNo response from the consulate, what should I do??

Hi Darnell, if my case get re-affirmed do I used the same case number NVC gave me in 2008? Through out the rebuttal process, VSC was the only one that contact me with our case. NVC didn't even contact me at all, so I don't know if the case number NVC gave me still valid. That why I use the EAC#.



they only use the HCM#..
its common that they will ignore emails for extended periods of time. You can have your congressman ask the same questions you are trying to ask if it is urgent...
Its not often that one can get an actual answer from an email to the consulate.. Its usually a cut and paste response...

Did you call DoS and check on the case status?
ScottThuyMaleVietnam2010-04-11 09:18:00
US Embassy and Consulate DiscussionCase denied last year at consulate
gotcha... I was thinking if he sent the second, then he has a 50/50chance they will accept andprocess it.. if they do then he may be in decent shape to get a second go at the consulate... I emphasized that he needed toaddress the cause for the initial denial. thoroughly
ScottThuyMaleVietnam2010-05-04 21:53:00
US Embassy and Consulate DiscussionCase denied last year at consulate
nothin?Posted Image
ScottThuyMaleVietnam2010-05-03 14:59:00
US Embassy and Consulate DiscussionCase denied last year at consulate
A friend of mine was denied CR1 at the HCMC consulate last year. He provided documents to the consulate addressing the denial, but they refused to reconsider. The issue is that the original case file cant be found at any agency (USCIS, NVC, HCMC) over 6 months later.

Can he file a new CR1 addressing the issue that prevented the previous filing? will NVC approve the CR1 petition with the original petition still floating around who knows where?

Anyone had this issue before? What can be done when the file goes MIA?
ScottThuyMaleVietnam2010-05-02 10:08:00
US Embassy and Consulate DiscussionNew Case Number issued...Normal?
its due to going through NVC a second time with a revision.. dont sweat it..
ScottThuyMaleVietnam2010-05-12 18:23:00
US Embassy and Consulate DiscussionTIMELY VISA ISSUANCE
I may go talk to the congressional liason and see if he will inquire about the policy... funny that congress created it and the consulate isnt abiding...lol
ScottThuyMaleVietnam2010-05-16 20:11:00
US Embassy and Consulate DiscussionTIMELY VISA ISSUANCE
We will see what happens when someone asks them to follow thier own policy...Posted Image

I was amazed when another VJ member at my same consulate requested an appointment to speak to the CO handling his case.. the response: "Consulate policy does not contemplate interaction between interviewing/ reviewing officers and the petitioners of any particular case"

contemplate? someone trying to use a new word? severalothers here have asked for an appointment to speak to the CO and were granted since they were traveling around the world to be there... common courtesy IMO.... nothing common about some consulates.... As a friend of mine says.. Its the federal Govt... it aint fed ex.. nothing will happen over night...
ScottThuyMaleVietnam2010-05-16 16:07:00
US Embassy and Consulate DiscussionTIMELY VISA ISSUANCE
the catch is do they have everything or do they just have everything they need from us... they can always say the need additional info from somewhere else...
ScottThuyMaleVietnam2010-05-15 23:39:00
US Embassy and Consulate DiscussionTIMELY VISA ISSUANCE
I will test them with an email asking about it.... the last they said, they had all of the docs, they just need to review the case....
ScottThuyMaleVietnam2010-05-15 20:52:00
US Embassy and Consulate DiscussionTIMELY VISA ISSUANCE
And if they dont require anything from DHS?


Edited by ScottThuy, 15 May 2010 - 07:16 PM.

ScottThuyMaleVietnam2010-05-15 19:02:00
US Embassy and Consulate DiscussionTIMELY VISA ISSUANCE
If all required information has been provided, the only thing that would allow going beyond the 30-60 day limit is a consulate level background check.... or some form of investigation..correct?
ScottThuyMaleVietnam2010-05-15 16:44:00
US Embassy and Consulate Discussionentering the US with a K1 visa
times vary from 15 minutes to a few hours depending on the # of international incoming flights at that specific time... many miss the connecting flight if there is not enough time between...
ScottThuyMaleVietnam2010-05-17 19:25:00
US Embassy and Consulate DiscussionAdditional Documentation
usually stuff like potential medical or security threat to the US... thus the police cert and medical...
ScottThuyMaleVietnam2010-05-24 12:02:00
US Embassy and Consulate DiscussionAdditional Documentation
Frommy understanding the beneficiary still needs to go to an interview,but not the same as your hubby had. they have to collect biometrics for the person being issues the visa..that way they can confirm who is using the visa at POE...
Given the time lag when it comes to getting info from the consulate..I would say call them... The DoS can be helpful sometimes... When I called today the lady seemed put out that I was taking up her time since she could see that they responded to my email this morning...
ScottThuyMaleVietnam2010-04-19 11:15:00
US Embassy and Consulate DiscussionAdditional Documentation
The clerk at the window in HCMC toldme adding additional info did not move us to the back of the queue.. she said that once we were in AP that we stayed in the same place in the queue. She may meincorrect as she was incorrect on some other things...
IMO adding additional info is a good thing and not a bad thing...

DNA could be a good source of proof but we are talking about VN and coffee money could change the results so I'm not sure how one would ensure that the DNA evidence was valid.

Edited by ScottThuy, 18 April 2010 - 05:15 PM.

ScottThuyMaleVietnam2010-04-18 17:13:00
US Embassy and Consulate DiscussionPackage 3 - US Consulate in HCMC, Vietnam
http://photos.state....ckage-for-K.pdf
here is pkt 3
have her fill out the DS 2001 and the DS 230... she can fax, email, mail or hand deliver them.... and interview will be scheduled after she submits these items... note the visa fee will go up very soon so expect to pay alot more than what they have noted in the pkt 3...
ScottThuyMaleVietnam2010-05-21 23:08:00
US Embassy and Consulate DiscussionHow big can the folder be your fiance can bring!?!
its not about how big her carrying package is, its about keeping everything well organized and having it in sections small enough to submit through the slot at the bottom of the window... it is much like a movie theatre slot.. curving under the window... so rigid items will be an issue as will items that are too thick...
ScottThuyMaleVietnam2010-05-23 10:11:00
US Embassy and Consulate DiscussionPacket 3 & 4
Call DoS and ask them the status. they will know if the pkt 4 has been sent and if the interview is scheduled...
202-663-1225
press 1 then 0
ScottThuyMaleVietnam2010-06-02 15:18:00
US Embassy and Consulate DiscussionDS 156 or DS 160?
Ds 156 since she is applying for a fiance visa
ScottThuyMaleVietnam2010-06-16 09:15:00
US Embassy and Consulate DiscussionInterview Checklist

Hi Everybody,

Couple more weeks before my fiance going for interview. I'm nervous/anxious as each day goes by. We've prepared a binder w/ lable and document/material for supports for the interview. etc. Can someone confirm if I'm missing anything or forgetting anything?

checklist of things that we have:
-Appointment Letter.
-4 visa photo
-MVR fee receipt (paid to Citibank)
-DS-156K (unsigned bottom part) 1 copy
-DS-156 (online EVAF DS-156 form w/ barcode) 2 copies
-DS-230 Part I & II (unsigned bottom of part II) 1 copy
-ID (CMND, chung minh nhan dan)
-House Book (Ho Khau) & copy
-Passport for Beneficiary &copy (with actual photo attached)
& Copy of passport for petitoner
-Birth Certificate {copy and original(beneficiary) & copy for (petitioner)}
-Justice Record (Ly Lich Tu Phap)
-Medical Exam Result
-I-134 (signed Petitioner)
-TAX transcript (3 years)
-W2 (3 years)
-Current paystubs (up to 3 months)
-Current letters of employment Verification Status (1 months)
-Current Bank statement (3 months)
-Evidence of Relationship
*email (5 copies),mail & card(2 letters),phone records (last 7 months), chat logs (5 copies).
*pictures (5 pix together of different place we've visit)
*receipts (engagement ring, hotel, museum, etc)
*Timeline (1 page -bullet of date and place of visit)
-copy of I-120F? I assume you mean 129F which is not needed

Am I missing anything?

I've read somewhere about DS-2000, and DSL-1083K, and #12. Foreign Police Certificate.Not required

My fiance never travel anywhere outside VN, so I'm sure we don't need for #12 Foreign Police Certificate. She never been to court/prison and not in military so that eliminated #13 court/prison records & #14 military records on the checklist.

What about the DS-2000 and DSL-1083K and DS-160? Not required

Am I missing anything?

Please help.

W/ Gratitude.

~Q.T.


Edited by ScottThuy, 17 June 2010 - 08:44 PM.

ScottThuyMaleVietnam2010-06-17 20:42:00
US Embassy and Consulate DiscussionEmbassy requesting more pictures after K1 interview
It depends from one case to another and one consulate to another... There is one couple who was asked for additional evidence at the VN consulate and they submitted it 7 months ago... still waiting still no word... it could be days, weeks, or months...
ScottThuyMaleVietnam2010-06-08 17:21:00