ForumTitleContentMemberSexCountryDate/Time
Vietnamabout to submit my timeline (affidavit)

Honestly, I personaly thanks to all the advices in this forum. I have a friend that already went throught my papers. My question is any important items that I missed out in this timeline?. I still need for the advice. thank you



It looked good, you can add detail to some of the entries like you did with the sticky rice, this can work both ways, it gives them more questions to ask, but at the same time you are giving them details of your love, things that you remember and not just the big things, but the little things as well. Good luck, and the timeline does look good. Jerome
jeromebinhMaleVietnam2010-04-16 10:41:00
Vietnamabout to submit my timeline (affidavit)

If English is a second language for the author, and if the text can be understood, I don't think the grammatical errors are a big deal. I don't see any problem with people helping someone determine what to include or leave out, or what general format to follow, but I think the end result should be the petitioner's own words, even if there are a few blemishes.

I met a new friend on my first trip to Vietnam. He came over to my house the other day to show me his petition package and get some suggestions. He also included a timeline, at my suggestion. Because English was also a second language for him, his timeline was loaded with grammatical and spelling errors. I told him to spell check the document, and fix a few minor mistakes (like not capitalizing the first letter of each sentence), but to leave the grammar alone. It was easy enough to understand what he was saying, and he covered all of the important things that needed to be covered. Reading it was like listening to him speak, and it seemed genuine and sincere because of that.



I agree leaving in the grammar errors does bring a "personal" feel to the timeline, but facts are facts, not trying to get down on anyones grammar, but when a person reads something that has many grammar mistakes, the person that is reading USUALLY makes an assumption, maybe not a bad one, but maybe it is bad. When people do things that are silly, or dumb and you are watching them the first thing that comes to MOST peoples mind is "what a dumb a@@" It is human nature to judge people not from who they are, but how the present themselves, this is a sad but true fact in todays society. But as in everything that is posted on VJ it is up for debate on what does have an affect and what does not, and we will NEVER know what is bad and what is not bad, just as in the case of red flags, we can only ASSUME what they are, just as in what we ASSUME people would think about a document with countless grammar errors. I for one would want things corrected before I would submit, if not for the general purpose of the correction, but also to possibly help a person with poor grammar, if we help it get corrected and the person pays attention to what was changed it will also help them with their grammar so for me it is something that I would do. Once again this is simply my opinion Jerome
jeromebinhMaleVietnam2010-04-16 02:52:00
Vietnamabout to submit my timeline (affidavit)
Poor grammer will hurt anything that is supposed to be professional, it does need to be fixed, I started to but there were so many mistakes that I stoped after the third paragraph, if the OP wants someone to grammer check it, get your final version done, then pm me and I will run it through my spell check and help with other errors, so just PM me and I will send you my email. Jerome
jeromebinhMaleVietnam2010-04-15 10:11:00
VietnamI-129f proof of relationship
The poblem with frontloading is what to send. If your fiancee has any relatives currently in the US, then you could send their info in pre interview, the same if you were married, and the timeline as well. The thing is that even if they already have it they can still ask for it again, they can ask for updated info, just because you send it in does not mean they will look at it, and then not ask for it at the interview, and if they want to give a blue, they will give a blue, there is no way around it. If you send in a timeline, and other info, and she messes up on one thing, they might hammer her for it. If for instance the address was 132 S cedar lane Who cares Texas, and she stated it was 123 S. cedar lane who cares texas, this could hurt. Also the same with any info that you submit. This is my biggest problem with frontloading is because the stress can cause a lapse in concentration. Just remember though that this is YOUR petition, and YOUR choice on what to or not to do. You can submit and it help, or hurt, no one really knows for sure, we can only make assumptions based on previous experiences or knowledge, and every time is different. Good luck Jerome
jeromebinhMaleVietnam2010-11-23 06:45:00
VietnamPre-Interview

Working lots of hours at my job helps me cope with whats going on plus it helps the bank account. My fiancée has been studying English and prepping with friends in Saigon for almost 2 weeks. I have peace in my heart knowing I'm giving her every opportunity so she can join me here in the states. Just think positive and soon your loved one will be with you.



Rich she is getting much better, she can understand much more, her speaking is comming along as well, she is just shy. Tonight after broken rice we will do the interview prep when she gets the things from Mr. Nam, Binh got all her letters translated, and I guess Saturday she is heading home.



To the OP as far as staying relaxed, it is all but impossible, just know that you are in a situation that you do not have control over, make the best of a bad situation. When you do your interview prep, do it in small chunks, the average attention span of an adult is only something like 12 seconds, so if you grill her for an hour most of it will not be as effective as it could have been. Also make a game out of it, ask her silly questions, and then let her play the part of the interviewer and have her interview you. Ask off the wall questions, and just try to have fun with it. Good luck, and like others have said dont sweat the big stuff, you are stuck waiting, and if you let it get to you it will affect you and her.

Good luck
Jerome and Binh
jeromebinhMaleVietnam2010-11-24 19:47:00
Vietnamriding scooter in vietnam

I wouldn't wear a Leather Jacket or Boots man. You're already different from all of them there and you don't want to make a scene out of it. Vietnamese are pretty straight forward man, if you stop at a red light while wearing those, people will LAUGH at you. Literally laugh and pointing at you and you don't want to do that. As of riding moped in Vietnam, I have a chance to ride it because my wife have to put up with my weight. So I decide to take over the wheels plus we got lost in SaiGon one night and I have to ride around for 2 hours. From then on, I know how to ride moped in VN. It seems dangerous and all but they actually use lots of common sense and it's easier than you think. Well, one thing I can tell you is that if you look too much different from Vietnamse people there then you need to have some kind of permit. Police overthere looking for any chance to get money for coffee. Good luck and wear your helmet (you can buy helmet here in the State and bring it back there). Their helmets are b.s.



What are you smoking bro? You rev your scooter when you go to a red light and others run it because they think you are. You honk your horn with 8 seconds left on the light the front two rows leave without looking. They pull out infront of a bus that they passed going 50k just to stop infront of it and turn right. If there is an inch they take it, god forbid let the car turn infront of you and wait 3 seconds they would rather wait 3 minutes so that they make sure they get every inch they can, and make everyone else stop behind them, and the traffic behind the car because it can also only move an inch at a time. The only COMMON SENSE I have seen is when they run a red light and see a cop, they hurry and turn right, or when they hit someone they dont stop long enough to allow someone to complain.

Common sense :rofl: :rofl: :rofl: :rofl: :rofl:

Jerome
jeromebinhMaleVietnam2010-11-25 19:37:00
Vietnamriding scooter in vietnam

And don't forget: you will need a Vietnamese driver license.



That was the second thing we did when I moved here, the first was the marriage license, and the third was my visa exemption. I did not want any reason for the VN government to tell me I had to leave, and last week I got all my degrees back from the states. Talk about a pain in the but, try being in Vietnam and getting your degrees authenticated, all I can say is $758 later and a service I will have my work permit in about 2 months!
jeromebinhMaleVietnam2010-11-15 02:30:00
Vietnamriding scooter in vietnam
I ride all the time. As long as you pay attention, and dont stop too fast you are fine. Knock on wood, I have not been in any accident yet, I have avoided a few, and I have seen some pretty bad things while riding, I watched a woman riding side saddle, her driver bounced into a truck, and the woman lost a foot, and a leg about the knee, I was 3 bikes back, and had to avoid her leg. Luckily my wife was not with me on that one, but for some reason she wonders why I dont like her riding side saddle anymore :blink:

The key to driving in Vietnam is to pay attention, and use people as blockers (Thanks Mr. Saigon I still use your advice) and make sure you do not stop to fast, if you do you might get ran over. Also look ahead, if you see something on the road ahead, be prepared for people to avoid it and in the process cut you off.

And on another not, if you are a foreigner and you do get pulled over talk to the cop as fast as possible, tell him you like his coat, hat, what ever you can think of, Fred said they will pass you along everytime.

Jerome
jeromebinhMaleVietnam2010-11-15 01:11:00
VietnamExporting to Vietnam
DHL is the company I would use depending on how large of a scale you are talking about. Getting things out of Vietnam is easy, because it was bought here, you only have to worry about import duties in the US, as far as importing, you will have to pay tax. For instance, I imported a phone here the total wasabout $450 I had to pay 1 million dong in tax. I shipped college books here, paid $800 total and my tax was 800,000 dong and this was for 4 books. Usually they charge you 10% unless it is high end stuff.

I hear you can rent space on a cargo container with DHL which makes it cheaper in the long run, but also expensive up front, like I said it just depends on what scale you are talking about. If you are talking a little here and a little there, use the post office, and mark everything as a gift, be stingy on marking the actual price and say it costs less, this way you pay less tax. Hope this helps
Jerome
jeromebinhMaleVietnam2010-11-30 18:35:00
VietnamUS’s Leading Pizza Chain to Open First Store in VN

I had both KFC and Pizza Hut in HCM city. I thought they tasted pretty damn close to the ones I get food from right here in WA. The coleslaw at KFC is usually the clincher. But, it tasted right on the money to me. In my opinion the Pizza hut that we had, tasted exactly the same as here too. My wife loved the seafood pizza and the pepperoni pizza that we got from the Pizza Hut in Parkson Plaza. She had never tasted pizza before. She could not believe that anything could taste like that. She also found the burgers at the Lotteria to be pretty tasty. I think she would faint if she saw the size of a Six Dollar Burger from Carl's JR. :lol:



I thought the oppisite, the cole slaw at KFC in HCMC is no where near the same. Everything else did taste the same, but the wings back in the US look like HUGE legs here in Vietnam :rofl: I wish they would get the shrimp burger back in the US, when I go to KFC I dont even order the chicken anymore because it is so small, and the slaw doesnt taste right but the shrimp burgers... hmmmm hmmmmm
Jerome
jeromebinhMaleVietnam2010-12-03 01:19:00
VietnamUS’s Leading Pizza Chain to Open First Store in VN

I am thoroughly convinced that such a thing does not exist! :no:



Next time you are in Saigon, look me up, I will take you to 3 places that have good fish sauce and then you will be convinced that there is such a thing. B-)
jeromebinhMaleVietnam2010-11-27 03:08:00
VietnamUS’s Leading Pizza Chain to Open First Store in VN

If you have quality nouc mam, its good on just about anything.



amen brother, as long as it is quality. I couldnt stand the smell when I first came here, but I use it on many MANY things, almost as many things as I use soy sauce on
jeromebinhMaleVietnam2010-11-27 01:16:00
VietnamUS’s Leading Pizza Chain to Open First Store in VN
There is another one at Lotte Mart in District 7, and I have seen a few others in different areas, and as others have said, it isnt like American Pizza Hut.
Jerome
jeromebinhMaleVietnam2010-11-25 19:26:00
VietnamUS’s Leading Pizza Chain to Open First Store in VN
hmmm we have KFC, Pizza Hut, Popeye's, and now Dominos. They must really be trying to turn the Vietnamese into fat Asians, last year when I came here there were only 3 or 4 Buffets in town, now there are like 20, not to mention the fornamed fast food places. It is pretty sad to see one of the better things in Vietnam (fresh healthy food) being thrown under the bus. Whats next Donkin Donuts?
jeromebinhMaleVietnam2010-11-21 06:51:00
VietnamConsulate receives Ds-230, whens my second notice for interview?
Rich, I would send them out, but that is just me. The problem of sending them is if they keep putting it off untill next year you will have more things to send then have to send once more, but if you wait, and they try to hurry and get her in before xmas then you will have to rush send it which is usually over twice the amount of something not being sent priority.
Jerome
jeromebinhMaleVietnam2010-12-04 09:53:00
VietnamBelated congratulations and thanks
Jim, I think he is just going to have the celibration, not actually sign anything. This is just for her family, I really dont think they would sign papers to void the visa they have in hand.

Frank we will try to make it to your party, Binh and I are so happy for the both of you!
Jerome :dance: :dance: :dance: :dance: :dance:
jeromebinhMaleVietnam2010-12-01 18:32:00
VietnamQuestion about sending Cloth

One of the reasons I was so able to quickly move here and not look back is that me and my family was never close. My uncle got my check for my shoulder, and he banks at the same bank I do, yet it took him 2 months to deposit the check. There is no one there I could deal with that would be able to get the books all scanned, and then at times I do get the ebook, the problem is that it is a pain and the but to try and copy, only 2 pages at a time, and then you can only do 10 pages per day. One of the only problems I have been forced to face while in VN is getting my college text books here, but it isnt that serious, just delays and import tax.

I know Scott, they have tons of different fabrics all over HCMC, silk, satin, cotton, you name it they got it,


I also thought that we got back on topic. :wow: :wow:
jeromebinhMaleVietnam2010-12-08 09:40:00
VietnamQuestion about sending Cloth
One of the reasons I was so able to quickly move here and not look back is that me and my family was never close. My uncle got my check for my shoulder, and he banks at the same bank I do, yet it took him 2 months to deposit the check. There is no one there I could deal with that would be able to get the books all scanned, and then at times I do get the ebook, the problem is that it is a pain and the but to try and copy, only 2 pages at a time, and then you can only do 10 pages per day. One of the only problems I have been forced to face while in VN is getting my college text books here, but it isnt that serious, just delays and import tax.

I know Scott, they have tons of different fabrics all over HCMC, silk, satin, cotton, you name it they got it,
jeromebinhMaleVietnam2010-12-06 18:21:00
VietnamQuestion about sending Cloth

I brought books with me as my checked luggage one trip (two plastic bins) and they didnt say a word.. I could have said they were for work and likely gotten away with it no charge given who I was working for... as was said.. it all depends on how much is being brought in and who is working the gate that day..



Believe me I did bring tons of text books with me, I just feel unsafe ordering more than 6 months worth of text books at a time, because if they change them on you then you have to order a new one, so each order I get 5 books (6 months worth) The sad thing was 2 of the books this last time were "The American Constitution" and "American history 1867 to the present" and the present had an entire chapters devoted to the Vietnam War and half a chapter devoted to Ho Chi Minh and his request for help and about the French War with American policy. I thought for sure neither would clear customs and they did sit there for 2 weeks before they released them
jeromebinhMaleVietnam2010-12-06 02:30:00
VietnamQuestion about sending Cloth
They tax almost everything that comes here. It depends on what value you set on it when you fill out the customs papers, and always mark it "Gift" this makes it cheaper. Most tax here is not that expensive, I just got a PC game and it was 11000 dong, I had to pay almost 1million dong for my school books, and 1 million was the price for importing a phone here as well, my motorbike helmet was 35000 dong and gifts I sent my wife were usually 10000 dong or so. If you send lots and lots I am sure it will jump up in price but a bit here or there it shouldnt be that much

Jerome
jeromebinhMaleVietnam2010-12-04 19:05:00
VietnamTicket to VN
BTW........ If you leave on a Thursday, and then return on a Monday or Tuesday it is usually the cheapest days
jeromebinhMaleVietnam2010-12-12 23:22:00
VietnamTicket to VN

How much did you pay for your ticket? For me, buy directly from the website costs a lot more than what I paid to a travel agent.



the costs of the trips I have made are in order, and ALL through Orbitz

$2300
$1200
$715 NO I did not forget to add a 1 or 2 to this price

As Anh Map has said, Check Orbitz, or even priceline, they are about as much as any other airline deal, usually when I go to the website of the carrier, the price is more than on Orbitz, mainly because most airlines are in partnerships to keep all the flights full so Delta, and ANA or the others share airlines, so going with Orbitz is usually the best bet, and you will get all your miles as well.

Delta flys out of Atlanta, so I think you should look at Delta on Orbitz, If you do what Anh Map said, be aware that if your first flight is late then they do not have to honor your second ticket. I have been able to get cheaper fares booking my own flight to where the international one will leave from, but I never did it because I have usually always had 1 delay either going or returning, and i really didnt want to spend extra money because I tried to save $50 by buying each ticket seperately. I usually give myself 2 hours per airport, and then 4 on the return to the first US airport to allow through customs, and my total flight times have usually been between 24 and 32 hours total. Hope this helps, and good luck
jeromebinhMaleVietnam2010-12-12 23:16:00
VietnamAbout to send in my single entry Visa
Why dont you just do visa on arrival, it is easier, all you have to do is print out the letter they send you, pay the service like $15 bucks, show up with $25 in cash, fill out the paper and get your stamp when you land, I did the whole send off visa thing the first time, but after that i always did visa on arrival, much easier, and you dont have to wait as long for your bags to arrive because you spent that time filling out the 1 page form. Jerome
jeromebinhMaleVietnam2010-12-14 03:46:00
VietnamSteps to refile K-1 after failed interview

strange



Now for clarification, he said our petition was dead, finished, not to try and keep it at HCMC, and once it got back to the US we did not need to do a rebuttal, and once it was closed we could go ahead and refile a K1 or a CR1. I think this is where most of the confusion is, some people think it means go ahead and file while you wait, but that is not the case, I have also heard some people have refiled, and since the petition was over 4 months old and coming back on a denial that they just went ahead and expired the first petition once the second petition got to where it was accepted. So MAYBE the second petition can allow the first to expire, but as I have said I know a few people personally that got their checks sent back, because the first wasnt closed/expired. For obvious reasons they dont want multiple petitions all being floating around in approved mode, and you can only have ONE petition approved at a time or people could just do as I said earlier and simply file 3 or 4 petitions, so they would not have to wait, and the first one that got approved, then cancel the rest.

I truly believe that the best bet is to always wait until the first is either allowed to expire or until after any rebuttal or reaffirmation. Knowing the law clearly states you cannot have multiple petitions at the same time for a K1 visa, I would not try to push the theory that a few people might have truly still had an active petition and the second canceled the first. I truly think that most of the people were given bad information, or all the computer systems were not up to date when information was given, especially because I have personally seen 2 letters stating that they were not allowed to have 2 open petitions at the same time and they needed to wait for final judgement on the first before they could file the second.

Jerome
jeromebinhMaleVietnam2010-11-13 06:41:00
VietnamSteps to refile K-1 after failed interview

i know someone that was told to refile k-1 after being denied by a famous lawyer there in hcmc. he told him everything should be good all the way back up to the interview stage.the people he told that was in fraud investigation though.they hadnt been completly denied so i dont know.



If you are talking about Mark Ellis, he told me and my fiancee we Had to wait for it to be done.
jeromebinhMaleVietnam2010-11-12 19:23:00
VietnamSteps to refile K-1 after failed interview

I have a written reply to my service request dated the end of May 2009 that my petition was under review at that time. A service request means they actually have to look at the status of the petition and answer you in writing. I don't know what everyone wants to believe that you have to wait until they officially tell you it is expired. They gave you a notice that the approval of the petition is valid until a specific date and once that date is past you can assume that the petition is expired. It was Mark Ellis that had me file the second petition while the first was still active. In fact had I had a form that I needed from Joseph we might have sent the second petition in almost 2 months earlier. If Marc Ellis says you can file the second petition without waiting on CSC to inform you that your K1 has expired I think he knows the immigration law better than people that hear about someone they know supposedly doing something or most contract people answering the USCIS misinformation lines. Most likely they didn't address the first petition properly when sending in the second and that is what caused their issues. Just because someone in poorly executed do it yourself attempt fails doesn't mean that it can't be done. By misinforming people here that it is impossible you are causing unnecessary delay in their process. Is it your desire that these couples remain apart any longer than necessary ?



It is funny that you say Marc Ellis told you to file it, because with our case he told us we HAD to wait until they were done with it
jeromebinhMaleVietnam2010-11-11 07:29:00
VietnamSteps to refile K-1 after failed interview

I don't need to call the USCIS misinformation line. We had a K1 interview August of 2008 which was denied because my husband couldn't provide details of my classified work. The petition returned to US months later. We refiled in April 2009 , the first petition was under review online, I did an service request in May 2009 on the 1st petition after I received the NOA1 from the second petition and was told it was still under review. In August 2009 the second petition was approved and the first petition was expired. If people can't have 2 petitions in the system then how can a CR1 and a K3 co exist ? People get would denied for one and move forward with the second. ( back in the days when K3 lived with the CR1 )

It sounds like in your case, the person you talked to did not know or had the wrong information. The K3 was replaced with the CR1. With the only exception being a K1 is not closed out, if you were to get married, you would no longer be eligible for a K1, and only a K3 immigrant or a CR1 immigrant visa. So this is the only way that a petitioner might have 2 cases out at the same time, and only because they are different types of visa’s, they will not allow multiple visa’s that are the same to be processed at the same time, this does not mean accidents or things don’t happen from time to time. With your interview being in August of 2008 and your second petition being in April of 2009, this is 8 months later, and rarely are cases that are actually denied not sent back within that amount of time, the usual time is about 3 or 4 months, occasionally 6 months, but most of those that are sent back that take 6 months before they are classified as expired or reaffirmed they are usually already done a month or two prior and they are just sitting in a pile waiting to be sent out so that the petitioner will get the notice. With our case, it took 4 months to get the final decision (expired) but the decision was dated at 3 months, so our sat somewhere for over a month (33 days to be exact.) Many people can tell you that they have called and told nothing new, then the next day they get a letter saying something totally different, it is because most people you talk to do not know or do not have updated information in front of them. You might have slipped through the cracks, but by looking at your date, I would say the person who told you it was under review was misinformed or had non updated information. And even in your own statements, when your second petition was approved your first was expired, you might have actually sent it to them before it was expired, this is possible. But before they approved the second the first must be dealt with, and this is the real point I am trying to make.

Jerome


jeromebinhMaleVietnam2010-11-11 00:52:00
VietnamSteps to refile K-1 after failed interview

No read my words I sent the second one while the first one was still under review and they one on the same day approved petition 2 and expired petition 1 No waiting for the first one to die. The second petition was filed months before the first one was closed.





Did you call USCIS, because I did wanting to put this to rest, I also looked the website, and not only called once, but twice so that I could get answers from two seperate people, and guess what. BOTH people said that they will not process a second visa if there is still an ACTIVE visa. So even if you did file when you thought your petition was still under review guess what. IT WAS CLOSED! Unless you were an odity that got through the cracks, the LAWS clearly state you are only eligable to file for one K1 Visa at a time.

Read my words, because I will say this again. Your petition might have been under review when you sent in your second petition, or maybe it had already expired, and you never got the notice. They can let cases expire enter them into the computer as expired, then they can sit for months prior to ever being mailed out to the petitioners. When I talked to both people because you were so certain that you could file multiple petitions, I even asked them if the second one would expire the first, and they said NO because of the same reasons I gave in my last post about people filing 2 or more petitions trying to get the result they wanted. I am trying to get clear and accurate words out that everyone can understand and relate to, so please call the number I listed, and ask if it could happen, I did, and both people confirmed what the laws say, that you are not able to file multiple petitions for a K1 visa at the same time. NOW they did say if you went from a K1 to a CR1 that the CR1 would expire the K1 visa because you were now no longer able to even file for a K1 visa and no matter what they determined on your original K1 there was no way it would be valid, but even with a CR1 they said you would still have to address the reasons for the denial of the K1.

Call them because I am no longer going to argue on this subject, as I DID call them twice, as I have read the laws regarding it as well, and I even got the emails from the HCMC consulate stating I had to wait until my case was finished before I could do anything.

Jerome
jeromebinhMaleVietnam2010-11-10 18:30:00
VietnamSteps to refile K-1 after failed interview

And I did it and the petition went through and the net result was the first petition was expired and the second went onward. You have to word your cover letter correctly not just throw a petition at them. So don't say you must when there is proof that you don't have to.




Please see your own words....... you said what I said, it must be closed/expired PERIOD

If your petition was not expired, then guess what your second petition would have been sent back to you like it was to my other three friends. The facts are simple, you might not have got the letter saying they let your petition expire, but your petition did in fact make it back to the USA and someone put down in a computer that your first petition had expired.

If a person could in fact do as you say they can (meaning file a new petition prior to the first being closed/expired with NO problem) then people could file multiple petitions at the same time trying to save time in case of a denial. Heck I am sure that there are tons of people specifically in HCMC that would file a new petition every 2 months, and try to get multiple interviews this way if their first was denied before it ever got back to the USA they would already be setting up their second petition, and guess what that one failed again, but remember they were able to file before any petition was actually closed/expired, so on their third try they finially get a visa issued.

Now back to reality, go to the USCIS website, and it clearly shows that you CANNOT have multiple petitions floating around because of this very same reason, and if you are dead set in thinking that you can, you are more than welcome to call 1-800-375-5283 OR you can go to their website http://travel.state....types_2994.html

No matter how you look at it, your own words say it all, your petition was in fact expired prior to you filing for your second K1 Visa, you might not have received the notice yet, but it was already entered into the computer as being expired. Things can be entered into computers for weeks, or months before they ever get sent out.

Jerome

Edited by jeromebinh, 10 November 2010 - 08:59 AM.

jeromebinhMaleVietnam2010-11-10 08:58:00
VietnamSteps to refile K-1 after failed interview

Thank you so much for replying !!!

I understand my case must be closed before filing again.

I know I must wait for the US Consulate General-HCM to return the case to the USCIS. My fianceé stated that it could be up to 1 year. Does anyone know how long it takes the US Consulate General-HCM to send the case back to the USCIS?

Is there anything I can do to expedite this process? I'm planning on visiting my Congressman, Gary Ackerman's office Thu morning (11.11.10). Should I request any assistance? I don't want to cause more problems.

I've been asking around and some say that it's faster to accept the denial then do a rebuttal. Can someone confirm this?


Regardless, I plan on arguing why the US Consulate General-HCM denied me per everyone's replies.

To answer some common questions on the board.

My degree is a BS in Industrial Hygiene-Environmental Toxicology. I only told my fianceé once but wasn't even sure how to say it in Vietnamese. I said it had to do with Chemistry. It was my fault I did NOT follow up with her. We talked about my college, degree, etc and we are clear.

My company and colleagues/boss. She forgot the name of the Pharma Advertising firm I presently work for. I started in March 2nd 2009 and filed the Form I-129F, Petition for K-1 Fiancée on July 7th 2009. My previous job was at an investment bank and I hated it. I didn't care for my boss or my colleagues. I was a manager and laid off entire departments. I didn't feel like "whining" to my fianceé when I'm pretty well off compared to distant relatives and my fianceé in Vietnam. We talked about my employers, names of colleagues at work, neighbors, neighbors names etc and we are clear.

My immigration to the US was from a helicopter at the US Embassy to a ship then to Gaum, then to Pennsylvania then to Massachusetts. Totally my fault that I did NOT fully explain this to her. This is something my parents never really talked about. My mom still screams at night after 30+ years. My mom was a secretary for the US Embassy and my dad was a medic in the SVA (South Vietnamese army). We lived in a poor area and everyone was threatening my mom and dad. The neighbors said they would report our family to the Viet Cong when they take over the South. The Viet Cong would then kill my parents and the kids would be orphans. This would happen every day. Anyway, we hit the jackpot when we got rescued. My family couldn't make it to the roof of the US Embassy in HCM because the roof/helipad was over run by young guys forcing their way in. My family was stuck in the court yard. Since the roof/helipad was packed with people, a helicopter landed right in front of us. My mom and dad told me they were ready to die. They don't like talking about but had to ask them. My mistake that I just told my fianceé the basics. She now understands how I emigrated to the US with my family.

Marriage within 90 days. My fianceé was furious when she read this. She totally understands that we have 90 days. I (Petitioner) and my fiancée (Beneficiary) "both" wrote letters certifying intent to marry within 90 days. These letters were included in the original I-129F submission on July 7th 2009 and an updated package on July 31st 2010 for her interview. I have all our copies. We talked about a wedding but again, it was my fault that I never told her the exact date, location, place, number of people, type, honeymoon etc. We are clear now.

I'm planning on doing an engagement party in Feb/Mar of 2011. All her family and my mom/boyfriend. My dad/girlfriend can't make it.

If anyone has any questions, please let me know.

Thanks again to everyone. I so much appreciate everyone's advice.


The problem with not doing a rebuttal is basically saying “Yes you were right, we were trying to immigrate to the United States illegally” But now we want to file again, and this time it is “real.” Do you understand what I mean when I say it this way? NOW, if you were to come here and get married before your petition was sent back, and then not do a rebuttal because you could no longer file for a K1 Visa since you are now both married, this says something different, it says that you know you are now ineligible to file for a K1 Visa, and in no way shape or form are you agreeing with what they said, you are simply stating that you know that because you are married that you must now file for a CR1, but even with this you must still disprove what they said about you. Most of what you said you can easily argue, and you can also make sure that it will not happen the second time around.



Again this is just my take on things; you might be able to avoid doing a rebuttal, not get a NOID, and get another interview with a new petition, and get approved. This can happen; I am not saying that it couldn’t happen this way. I am simply stating from what I have seen that more than likely you will face troubles doing it this way.



Is there any way to speed up the process, not really. Honestly the chances of them allowing you an opportunity to even do a rebuttal are slim. I do not want to say 1 in 10 or anything like that, simply slim. Most people do not get the chance, and this is why there is currently a class action lawsuit going on. In the denial letter they state you will have the chance for a rebuttal, but it usually never happens, at least depending on where it is sent to. They generally let the petition expire, and then you are free to file a new petition, but remember MAKE SURE YOU DISPROVE THEIR ORIGINAL FINDINGS ANY WAY YOU CAN!!! Yes the time is long, and for many people it is very hard to take, but there is nothing we can actually do about it, and if you do not really want to do a rebuttal, then your best bet is to simply be quiet, and wait. If you keep calling or having your senator look into your case, they might take another look and reaffirm it, and this is what takes so long. With our case, they let it expire, as with many others, but as I keep saying, even if they let your case expire, MAKE SURE YOU DISPROVE THEIR ORIGINAL FINDINGS WHEN YOU REFILE. I cannot stress this enough, and the reason is that even if they let it expire, you can still be hit with a NOID, and if that happens then you MUST defend against it and rebut their reasons for issuing a NOID, and you have 30 days to do so or face a P6 marker being placed on her file.

Good luck as always

Jerome


jeromebinhMaleVietnam2010-11-10 02:44:00
VietnamSteps to refile K-1 after failed interview

You don't need to wait for your K1 to be closed. Wait until the 4 months of approval to pass per your NOA2 if it hasn't already. Submit a new much better petition and state that you are assuming that the original K1 is expired ( this allows the new one without closing and defacto agreeing with the original rejection ) The will most likely retrieve the old one and see if you have overcome the issues and then proceed with the second one and officially expire the old one. Otherwise they will send s noid on the second one. This is what we did and it worked.



I know 3 people personally that have done this, and all petitions were sent back, checks not cashed with letters stating that the original petition MUST be closed BEFORE a new petition can be granted. Until it is closed, allowed for a rebuttal, or allowed to expire you cannot have multiple petitions. When the Embassy denies it they do not actually deny anything, the embassy only has the power to GRANT a visa, they CANNOT DENY ANY visa, only RECCOMEND it to be denied, all the denials are done stateside, not at the embassy abroad, this is why they will not allow a second petition to start until the original one has been delt with.

To the OP, you must wait until they send you notice that your case has been closed. This is a must, or many people would continue to refile as soon as they recieved a denial in hopes of getting a different CO and then getting a visa. Anyone who tells you different has been miss informed.

Jerome
jeromebinhMaleVietnam2010-11-09 09:17:00
VietnamSteps to refile K-1 after failed interview
It looks like all of the reasons for denial you can argue. If you have been dating for so long then it would sound strange for someone to not know the company you work for or what degree or college you went to. Not saying that I agree with them on their call, but those are things that me and my wife discussed when we were dating, she knew my boss, who I worked with the whole 9 yards, not for the interview either, but when we talk she would ask how my day was, and I would talk about my day. The engagement party and how you immigrated are also big deals in my view, if you are from Vietnam, then I am sure that she should have known how you immigrated to the US, even if you were little and didnt even really remember how, it is something that should have came up. THe engagement party is also serious since you are Vietnamese/American. This is something that HCMC always seems to frown at, even though there is no actual requirement that says you MUST have an engagement party, but it is something that you should address before you refile.

As I said earlier, you have to first make sure your case is actually closed before you refile, and then you need to be prepared if they issue a NOID when you do refile to have a rebuttal ready, because if the NOID does not get overturned they WILL put a p6 marker on your fiancee's file and she will more than likely NEVER get a visa to the USA. Most of the things they said are easily argued, you have made the trips, but the conversation is not there that should be there. When I would talk with Yahoo with my wife, we had to find things to say since we talked every day, and this is where work came into the subject, and with as many years as you two have been seeing each other it still amazes me that you never talked about your immigration, your work, or your degree. Regardless of what you did or did not talk about, you need to talk about it now that is certain.

I would advise to wait, since you cannot cancel the petition now that it was denied, if it was that easy people would do that all the time so they would not have to argue the denial, so you need to wait, and see what they do, if they offer a rebuttal, it would be smart to take the oppertunity to argue why they denied you, if you choose not to they will most likely accept it as truth, and when you refile again you will be forced into a rebutal situation, accept they will probably have a NOID attached to it making it far more important to argue. SO basically just get all your evidence, ticket stubs, passport pictures with the Visa's, any hotel reciepts, trip reciepts, the whole 9 yards ready, and also think of a good reason you did not talk to each other about work.

There is ONE question I have, when it stated she did not know about the 90 day time frame to be married in, did she write a letter saying she was going to marry you within 90 days?? Have you even talked about a wedding in the US?? Things to definately consider before you do a rebuttal or anything if you have not discussed them.

Good Luck Jerome
jeromebinhMaleVietnam2010-11-09 04:32:00
VietnamSteps to refile K-1 after failed interview
,

Hi everyone,

My fianceé failed her interview on September 22 2010. I was so confident in the paperwork that I submitted that I lost focus on the interview. The denial stated many things I totally disagreed with but I'm moving on. My goal is to refile the K-1 as soon as possible. I called the USCIS-Vermont office and informed them that my fianceé failed her interview and I do NOT want to rebut the consular finding. The USCIS-Vermont office informed me that they would need the petition from the US Consulate General-HCM.

My fianceé informed me that she visited the US Consulate General-HCM several times. The last time she visited them (Nov 9th 2010) someone told her that there has been petitions for over a year now and they still haven't sent it out yet.

I've been reading posts in VisaJourney but I'm still not sure the next steps.

Per the blue denial letter...

"The case will next be reviewed by the Immigrant Visa Chief, upon occurrence of the Immigrant Visa Chief with the reviewing officer's decision, the case will be returned to USCIS for review and possible revocation."

I don't want to wait 1 year before the USCIS-Vermont office receives it.

How can I expedite this process so I can refile the K-1? Are there steps I'm missing.

Thanks in advance.

Per the blue denial letter...

"The following remarks apply in your case"

"Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only two or three days together" - I had pictures from 2006-2009, VungTau, Dalat and Nha Trang. They were all taken by photographers with the date and location. Planning to show pictures of us together goofing around.

"Beneficiary and-or Petitioner submitted no evidence of an engagement celebration". – Planning on have something similar with all her family and my mom/her boyfriend. My dad and his girlfriend will NOT be there at the same time.

"It does not appear that the claimed relationship is continuous and ongoing. For example, Petitioner has not returned to visit Beneficiary since September 2009" - This really upset me. Visited her twice in 2006, twice in 2007, twice in 2008, twice in 2009 and once in 2010. When in 2010? A week after her initial interview!!! She even told them I was visiting in a week. I didn't visit her twice in 2010 because I started a new job in March of 2009 and only have 2 weeks. Spent time in Vietnam before I started the new job.

"Beneficiary is unaware of basic facts regarding Petitioner's occupation, livelihood and-or worklife. For example, Beneficiary could only say that Petitioner works in web design. Beneficiary could not recall the company name of Petitioner's work place nor the name of Petitioner's coworkers" - OK... She forgot the name of my company. She was stumped on many questions. I will tell her the names of my colleagues and my boss.

"Beneficiary is unaware of basic facts regarding Petitioner's personal history and-or significant life experiences. For example, Beneficiary did not know how Petitioner immigrated to the United States." - OK... just told her we our family were refugees and went to the US by helicopter and by boat.

"Beneficiary is unaware of basic facts regarding Petitioner's educationally level, background, and history. For example, Beneficiary could only state that Petitioner went 10 university" - OK... didn't tell her where I went to college, degree I have etc.

"Beneficiary is unable to provide basic facts (such as ceremony, manner of celebration, venue, guests or approximate costs) regarding the claimed plannned marriage in the U.S. It appears that the relationship is a sham or that the Beneficiary has no actual intent to marry within 90 days of admission to the U.S. (or both)." - OK... I don't even know some of the facts. Kind of mean saying this is a sham. My fianceé does know 100% that she has 90 days to marry.

"Beneficiary is unaware of the requirement to marry within 90 days of admission 10 the U.S. Therefore, it appears that Beneficiary does not have the intent to comply with requirements of the visa category applied for or that the claimed relationship is sham (or both)." - OK... I'm just speechless now.


Sorry if there are spelling errors... I pdf'd the scan my fianceé sent and OCR'd the text. If anyone has any questions, please let me know.



First mistake, don’t ever say you do not want to do a rebuttal that is saying they are right. If you say that then they can do the same again, or even issue a NOID. If you have read any of the forums, then you must know that you cannot simply file again, because your case must be closed. I am about to go to class, but I wanted to chime in a bit, and I will give a better explanation later.



1. You must wait for your case to be closed

2. You must be able to disprove the original reasons for denial or they will deny again

3. If you do get a chance at a rebuttal, take it. If you do not take it you are all but admitting to attempting to commit visa fraud and in doing so you will get a lifetime ban.

Good luck and I will reply more in-depth later

Jerome


jeromebinhMaleVietnam2010-11-09 02:34:00
VietnamCan someone tell me for sure ?

Hmmm sneaking into the consular area for interviews under false pretenses... does this sound like a good idea when applying for a visa for ones spouse? worth the risk of the CO thinking if they lie about the reason to get in what else will they lie about.... :no:


Not really a lie as long as he goes into U.S. Citizen services and asks for something, or registers that he is in Vietnam, he just decided not to go back outside and wait across the street after he got the info he was looking for and decided to add confort to his fiancee while she waited for the interview :blush:

But you do make a valid point Scott, it is just how you actually go about doing it, and I was more or less just quoting the sneaking part, and simply telling him how to get into the building, rather than telling him to actually lie to get in there.
jeromebinhMaleVietnam2010-12-06 20:55:00
VietnamCan someone tell me for sure ?

One way to sneak in with your fiancee on the interview day (not waiting across the street) is to let the guard know that you come for American services such as notarial services or passport services, then sneak to the right to get to visa section :D (only work for interviews in the morning since the American services hours is from 8:30 to 11:30AM)...


That is basically what we are telling him, the form though is for the two afternoons, but if she has a morning interview she can go in for citizen services and just go right instead of left and then sit all day with her
jeromebinhMaleVietnam2010-12-06 18:24:00
VietnamCan someone tell me for sure ?
The form I am talking about is a white paper. It has your case number on it, and you would use this form to drop off more evidence if they kept your blue form. Fred is the one that gave it to me when I needed it, and a few other people have said that when they turned in evidence they kept the blue slip so they were forced to print out this form and fill in the information and it would get you into the door. As i said earlier, and as others have said, you will not be able to enter together, they will stop you, and if the guard sees both of you get out of the same taxi they will also stop you, so you MUST not be seen talking to her until you are in the door. As far as getting an interview it is very unlikely, but sitting inside sure beats the heck out of sitting outside and having the shoe shine boys ask you ever 3 minutes to sine sues sir.

Scott, Jim, do either of you remember the name of this form?
jeromebinhMaleVietnam2010-12-06 02:25:00
VietnamCan someone tell me for sure ?
your fiancee heard wrong, you are not allowed into the consulate with your fiancee. However there is a form that can get you into the embassy, I am sure someone else here will know what form I am talking about. You cannot still go in with your fiancee, you would want to show up seperate, and not even talk to your fiancee until you were in the door. With this form you would go to the left not the right to the interview area, but once inside you would just turn right instead. You wont get an interview with a CO, but if your fiancee told the CO you were in the waiting room something might happen but I doubt it. The form is basically saying you are dropping off evidence, or wanting to talk to a CO, It has been over a year, and I used it and was able to go in while they were doing interviews.
Jerome
jeromebinhMaleVietnam2010-12-05 18:20:00
VietnamTake your time

Jerome, feel free to test out your love over there. If your belief is right, I'll be happy for you. If it isn't, it gonna be an extremely costly mistake you ever made in your life. Just remember you only live there for a short period of time. I was born, raised and lived there for a quite period of time. When you live in hotels/motels, you won't see certain things in real daily life.



I am not living in hotels and motels. I have my own house in a very Vietnamese area. There is a 93 year old woman across from us that always wants me to sit with her and she tries to teach me Vietnamese, she also tells my wife not to be mean to me. The big issue is that what has happened to you may or may not happen to other people. Every situation is different, every relationship is different, just because you have had bad experiences, does NOT mean that we will have those same instances. Look at America, you have many of the same problems, and many worse problems. I grew up in a big city, where gang violence was everywhere. Many of my friends were shot and killed well before they ever turned 18, I have watched stabbings, muggings, and all sorts of things that no one should ever bear witness to. The fact is that you do not know me, you do not know my wife, and for anyone to say that me moving here is a costly mistake does not know how good I am actually doing. I am pulling down well over 4 grand a month right now, and that means I am saving well over 3 grand a month. I had a really good job in the US, but I was not able to save that kind of money. Since I have been here, my blood pressure has dropped, and I no longer need to take some of my old medication, I have lost weight, and I actually really enjoy my jobs, I have not enjoyed my work in the US for years, it was just a good paying job and that was it. Regardless of what anyont thinks, I am actually living the American Dream here in HCMC. Also no matter where you go there are bad things and bad people to go along with them. So instead of trying to tell me what I have done wrong, and tell other people what their fiancees are going to do to them, please just zip it because many of us are sick of your attitude about how Vietnamese women are going to act, and how you know what our fiancees and wives really think, because you ONLY know your experiences, NOT OURS. Jerome
jeromebinhMaleVietnam2010-12-18 09:30:00
VietnamTake your time

To elaborate my first post earlier in this thread, most of them will probably love you for real.......until they knowingly are certain of their legal immigration status(10 year GC or USC). By then, they should acquire enough knowledge to realize their rights, ie. child custody and support in the event of a divorce (this right does not exist in VN), their rights to half of your asset (no such thing in VN) and this option won't apply to everyone, their rights to contact the legal authority if you're domestic violent to them.

By this time, you are no longer in control of the game. They are! Your marriage is no different than a typical one with someone in the States. You will realize that your mate is no longer an "inexpensive" one, like back then when you first met her. In fact, some of them will demand lots of expenses that you might not agree with due to the fact that you can't even afford them.

Example: she will constantly demand you that she has the need to travel back to VN, knowing that your credit card limit is always available for her convenience. To add insult to injury, she will insist that her family, which who knows how many there are over there in VN, has an urgent need for cash since they are so POOR.

You still live in your dream that your overseas wife is a cheap one, compared to one here in the States?

No money, no honey!


I can't speak for everyone else, but when I decided that I wanted to look outside the US for a REAL relationship, and not with a typical american valued girl, I did not think it would be cheap, I KNEW it would NOT be cheap. Price was not even in the picture, it never has been and never will be. I was tired of the one night stands, the american way of thinking that if there is a problem, to heck with it, i will just break up with him and go on or vice versa. I was tired of the "I never want to get married" mentality. I wanted a relationship built on knowledge, not built on sex, and the only way to be able to truly do that is with a long distance relationship. I never rushed to see Binh the first month or two from meeting, we actually waited 9 months before we met for the first time.

When you say once they realize they have the power, I think you are thinking of this entire relationship thing the wrong way. "Once they realize" to me it sounds like you did not inform them of their rights, like you think once they come over here they need to be locked up in a deep dark basement with no contact to the outside world, well heck yes if you treat them as idiots and dont tell them what is really going on, and they eventually find out from other people what their rights are, then they will change. If you treat your woman with RESPECT and let her know what she can and cant do right away and I dont mean "you cant go here, you cant do this, and you have to dress like this" but actually tell her what her rights are and have an EQUAL partnership then when the bad people come whispering things in her ear she wont feel the need to listen to them. I met Fred when he was here this last time, and he told me some funny things that some Vietnamese women were telling his wife, on how to hide money from her and what not. She didnt listen because they have a REAL relationship, he treats her with respect, and she also does. If you keep a person in the dark long enough, anyone offering to show them light will be listened to, but if you show them the light from the start, they have no need to listen to them.

In any relationship, you need to take time, make sure it is right, but if you go into this Vietnamese wife thing, you do need to realize that it is still a relationship, and as such you both need to be partners, and not go into this thinking you are getting a house wife that only says yes to what you say. You also do have to realize that she DOES have family back home, it might seem like they are expecting you to help all the time, and maybe some of them do, BUT..... their culture mandates that they help one another when they need it, this is an obligation that is instilled in them at a very early age, and one of the reasons I really like asian culture. Example, my mother is going through a divorce, she had a stroke 3 years back and is all but blind, and can barely get around, her husband is treating her like he used to treat me (and that aint good!) he cleaned out her bank accounts, so she didnt have money for a lawyer, well their assets combined are well over 300k since they used to own their own trucking company, well no lawyer will touch her case without a $2000 up front payment. To make a long story short, if I had an American wife, we would have argued over me sending her the money, but with Binh (my vietnamese wife) she said send it today. So...... sending money works both ways just like any relationship, if you look abroad, it doesnt matter if she is Soviet, Asian or African, chances are they will want to help family members back home when they can.

Jerome
jeromebinhMaleVietnam2010-12-12 18:48:00
VietnamTake your time

I just talked to a fellow VJ member who is devestated that he has been used for immigration purposes only.. Things went really fast for them but she somehow got through the interview and got the visa... he saw the warning signs beforehand but didnt follow his instincts... We try to say take your time so the consulate does not think the relationship is a fraud.. well they are not thinking that for nothing... there are likely 10 or more scammers out there for every 1 victim...

Take your time..... to those that have not yet filed the petition.. make sure that you are compatible and make more than one trip to get to know the culture of the person you want to spend the rest of your life with... The culture in VN and the culture in the states are very different... the beneficiary will have alot of adjusting to do as will the USC... the more adjustments that you are aware of beforehand the better... keep in mind that you have the rest of your lives together and dont have to rush anything... when things are rushed, bad decisions are often made... if someone is willing to use you they are likely willing to jump through any hoop presented them to get what they want... users will lie to get what they want... take your time so you can be sure you see the real picture and not a facade...



Scott, not trying to sound mean or anything, and I do agree with you, but............ You and I both know that when a person feels they are in "Love" they are blind to what is going on, also people will always say "That could never happen to me." The problem is that with you saying that 10 fake women our there for every 1 man people will try to disagree with you. With your case, one could argue with her divorce issue (or how ever you want to word it) that Thuy might have been one of those types of women. I am sure you would say I didn't know what I am talking about at all. The truth is that ever person is different, yes we all need to make sure the woman we love also loves us. But honestly when we feel that we are in love that is ALL that matters, love is blind, and people follow their heart. Even if a person does get scammed, as long as they learn from it they will be a better and stronger person because of it. People say that there are "Signs" to look out for, and I am sure there are obvious ones, but there are also ones that you or me might think are obvious that are in fact innocent things that he/she does without thinking of how it looks.

I just dont think telling people to slow down is anyones business, and when a person is in their mind "IN LOVE" they do not want to listen to the signs, or the words of other people telling them to slow down. You do make good points, that people do need to slow down, but life is short, and you only get one crack at it. I simply say, good luck follow your heart, and if you are in fact scammed learn from it, don't let one bad experience ruin your life. If you wait for life, it will pass you by and you will only have yourself to blame for not taking that leap of faith. Today might be your last day on earth, live your life to the fullest!
Jerome
jeromebinhMaleVietnam2010-12-07 01:49:00