ForumTitleContentMemberSexCountryDate/Time
Asia: East and PacificVisa Denied Also
Congrats! When you get a chance,can you please fill us in on what ME did for you and what happened when the Chief reviewed your case?
Good Luck on the rest of your journey! dancin5hr.gif good.gif
Dave_ThaoMaleVietnam (no flag)2008-07-31 12:03:00
Asia: East and PacificVisa Denied Also
Great news!!!!!!!!!!!!!!!!!! Congrats!!!!!!!!!
Dave_ThaoMaleVietnam (no flag)2008-07-21 09:16:00
Asia: East and PacificVisa Denied Also
QUOTE (Dave_Thao @ Jun 27 2008, 12:03 PM) <{POST_SNAPBACK}>
QUOTE (pasaitoh @ Jun 27 2008, 11:47 AM) <{POST_SNAPBACK}>
Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!



When we were denied and the consulate told us it was being sent back, I called USCIS and talked to a real person. They told me I could write a hand written motion to the consulate requesting that they keep the case there. I sent a letter asking them to please hold the case. I told them I was flying to Vietnam and I would like to rebut the CO'c decision. That didn't work. I also emailed them. This was their reply:
After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation. Your fiancée's case is now being prepared for return to the service center at which her petition was filed. A consular officer will prepare a memorandum explaining our concerns regarding the case for the service center's review. Once this process is completed, we will inform your fiancée and return all personal items submitted in support of the application to her.

If you would like to meet a consular office to discus about this case, you can request for an appointment upon your arrival in Hochiminh City. At that time, you should send your request to the Information Unit. You can send your request by fax, email or in person at the Consulate. We regret that we can schedule an appointment in advance.

Sincerely,

Info Unit Staff
Consular Section
U.S. Consulate General HCMC
Tel: (84-8) 822 9433 - ext 4636
Fax: (84-8) 824 5572
E-mail: hcmcinfo@state.gov (regarding visa issues)
acshcmc@state.gov (regarding services for U.S. citizens)

Maybe a senator or congressman could request it stay there until your attorney arrives back in HCMC. I am not sure.



I forgot to mention that I received that email on November 13 and the case file didn't leave the consulate until December 6.
Dave_ThaoMaleVietnam (no flag)2008-06-27 12:12:00
Asia: East and PacificVisa Denied Also
QUOTE (pasaitoh @ Jun 27 2008, 11:47 AM) <{POST_SNAPBACK}>
Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!



When we were denied and the consulate told us it was being sent back, I called USCIS and talked to a real person. They told me I could write a hand written motion to the consulate requesting that they keep the case there. I sent a letter asking them to please hold the case. I told them I was flying to Vietnam and I would like to rebut the CO'c decision. That didn't work. I also emailed them. This was their reply:
After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation. Your fiancée's case is now being prepared for return to the service center at which her petition was filed. A consular officer will prepare a memorandum explaining our concerns regarding the case for the service center's review. Once this process is completed, we will inform your fiancée and return all personal items submitted in support of the application to her.

If you would like to meet a consular office to discus about this case, you can request for an appointment upon your arrival in Hochiminh City. At that time, you should send your request to the Information Unit. You can send your request by fax, email or in person at the Consulate. We regret that we can schedule an appointment in advance.

Sincerely,

Info Unit Staff
Consular Section
U.S. Consulate General HCMC
Tel: (84-8) 822 9433 - ext 4636
Fax: (84-8) 824 5572
E-mail: hcmcinfo@state.gov (regarding visa issues)
acshcmc@state.gov (regarding services for U.S. citizens)

Maybe a senator or congressman could request it stay there until your attorney arrives back in HCMC. I am not sure.

Edited by Dave_Thao, 27 June 2008 - 12:04 PM.

Dave_ThaoMaleVietnam (no flag)2008-06-27 12:03:00
Asia: East and PacificVisa Denied Also
I took the advice of ME to not marry and file a K3. He said that does not always work. It may work for someone else but it varies from case to case. All I can say is that my evidence prior to the engagement,which was a big reason for denial, was minimal. When I filed a second time, I still did not have that evidence but I had boat load of new evidence of a true relationship which I included in the new petition.
In the new petition, I addressed all the issues that consulate had with the first case. I included copies of the blue and green slip and the evidence I first sent to the consulate when we got the Blue slip. I put that near the top of the petition. I wanted to show everybody that the consulate was wrong. I also included every scrap of evidence I had at the time.
I must admit I felt hopeless many times. I felt so angry. I felt alone. I got tired of explaining to people why Thao is still not here although I appreciated their concern.
I can having gone through all that, the moment Thao came out of the consulate with a smile on her face made it all wash away instantly. I fell to the ground and cried.(Thank-you James for helping Thao across the street while I was on the ground!)

Hang in there. Be patient. Don't lose hope. Direct your anger into building your case.

Edited by Dave_Thao, 27 June 2008 - 10:52 AM.

Dave_ThaoMaleVietnam (no flag)2008-06-27 10:48:00
Asia: East and PacificVisa Denied Also
Every time I tried to get my senator or congressman involved in my case, all they would do is send an email asking for the current status. They told me they can not do anything more than that. I ask them to call the consulate and personally get involved with my case but they wouldn't. It really became frustrating and I felt powerless fighting them. A senator may be able to request a meeting for you with the consulate but that is not 100%. If anyone here has had a senator or congressman help them with a case other gather info for you, please tell us your story.
I wish you guys the best. Hang in there! It is never over!

P.S.
I had the strongest urge to take a leak on the walls of the consulate before I left just to show them how much I appreciated all the time and money I spent fighting that hell hole.
Of course, I chickened out.
Dave_ThaoMaleVietnam (no flag)2008-06-26 15:10:00
Asia: East and PacificGreen Sheet
QUOTE (2x2y2z @ Oct 7 2008, 04:03 AM) <{POST_SNAPBACK}>
QUOTE (Jack & Xuan @ Oct 7 2008, 04:35 AM) <{POST_SNAPBACK}>
QUOTE (2x2y2z @ Oct 7 2008, 03:22 AM) <{POST_SNAPBACK}>
Hang in there, brother!

How long did they give you to respond?



It says a year to respond.


That's good. That's what we got also. Don't worry about the color of the paper.

Don't even start doing anything until at least a week. I would put it all away (the paperwork). You have to recover. Really, it's not a good idea to rush and run right back into that building next week to resubmit.

This whole thing is very emotional, at least for me and my wife. We really needed time to get over the interview. But after that, things get clearer and it gets better. It's been a month and we hope to resubmit soon. We're still getting our ducks together.

PM me if there's anything I can do.

Hang tough!



Great advice.! Don't rush. Take your time and make sure you have everything before you submit. You should be in good hands with Mr. Nam.
Good Luck!
Dave_ThaoMaleVietnam (no flag)2008-10-07 09:10:00
Asia: East and PacificVietnam proposal to ban small chested drivers
Interesting article about possibly banning tiny motobike drivers in Vietnam.
http://www.startribu...:aU7EaDiaMDCiUZ
Dave_ThaoMaleVietnam (no flag)2008-10-28 10:15:00
Asia: East and PacificInterview was today...
Greats News! Congrats!
Dave_ThaoMaleVietnam (no flag)2008-11-24 13:28:00
Asia: East and PacificWhite Slip
http://hochiminh.usc...formation3.html
Dave_ThaoMaleVietnam (no flag)2008-12-02 13:47:00
Asia: East and PacificWhite Slip
QUOTE (RalphandHanh @ Dec 2 2008, 09:25 AM) <{POST_SNAPBACK}>
QUOTE (Dave_Thao @ Dec 2 2008, 09:31 AM) <{POST_SNAPBACK}>
QUOTE (RalphandHanh @ Dec 2 2008, 06:55 AM) <{POST_SNAPBACK}>
how long will they keep the paperwork there? Would it help if my lawyer calls to have them keep it there so we can send more paperwork?


Ours was denied Oct 26 '06 and the sent it back December 6 '06. I guess they hold on to cases until they fill up their "return to USCIS packet" so you may have some time. It would be worth a try to see if your lawyer can do something more but I would not count on it.
In my experience, HCMC told me and my senator the same canned reponse that they had made a decision and the case is being sent back. They said I need to be in HCMC in person to request a meeting by email or in writing. When I got there around Dec 21, they told me the case was sent back and all the consulors were on holiday vacation. They also said they would not discuss the case with me due to the fact it was already sent back.


So if I leave Monday and go thier to request a meeting... I have a shot at getting a meeting? Cause I'm ready. I can get the time off of work and can get the visa in 2 or 3 days as well as the flight.


I can't say for sure Ralph but it is worth a shot. Look at what Green/Tran did. He went to the consulate with all the evidence and refused to leave until he spoke to an American. They were granted a pink slip after that.
Dave_ThaoMaleVietnam (no flag)2008-12-02 13:27:00
Asia: East and PacificWhite Slip
QUOTE (RalphandHanh @ Dec 2 2008, 06:55 AM) <{POST_SNAPBACK}>
how long will they keep the paperwork there? Would it help if my lawyer calls to have them keep it there so we can send more paperwork?


Ours was denied Oct 26 '06 and the sent it back December 6 '06. I guess they hold on to cases until they fill up their "return to USCIS packet" so you may have some time. It would be worth a try to see if your lawyer can do something more but I would not count on it.
In my experience, HCMC told me and my senator the same canned reponse that they had made a decision and the case is being sent back. They said I need to be in HCMC in person to request a meeting by email or in writing. When I got there around Dec 21, they told me the case was sent back and all the consulors were on holiday vacation. They also said they would not discuss the case with me due to the fact it was already sent back.

Edited by Dave_Thao, 02 December 2008 - 08:36 AM.

Dave_ThaoMaleVietnam (no flag)2008-12-02 08:31:00
Asia: East and PacificWhite Slip
Sorry to hear about your problem Ralph. I don't believe flying to HCMC will help you at this point unless there is some way your attorney,congressman or senator can keep the petition at the consulate until you arrive and when you do arrive, there may not accept your request to see them. When we were green slip'd and told our petition was going back to USCIS, I called and emailed HCMC requesting that they hold the case until I get there but they still sent it back. I traveled to see Thao anyway so we could be together and I would have another trip under our belt to show proof of relationship when I eventually I filed again.
We received our pink slip after our second time around so there is always hope.
Dave_ThaoMaleVietnam (no flag)2008-12-02 07:48:00
Asia: East and Pacific4 YEARS LATER!
Congrats!
Dave_ThaoMaleVietnam (no flag)2008-12-10 11:59:00
Asia: East and PacificHCMC interview
Nice post and congrats again! Just in time for Christmas!
Dave_ThaoMaleVietnam (no flag)2008-11-25 13:14:00
Asia: East and Pacificcase sent back
Ralph, Sorry to hear that.
Ours was sent back in Dec 2006 and in May 2007 CSC told me the petition had expired and they won't adjudicate it. They told me I may file a new petition. I filed a new one in June 2007 and Thao was home with me in May 2008. I am not sure what Vermont does with returned cases. CSC has let them expire. Vermont may give you the opportunity to rebut the consulate's finding so I would continue to gather evidence and prepare for an appeal. Your case will be sent to NVC and then to Vermont. Your congressman or Senator is a good source for tracking the case from HCMC to Vermont and obtaining status.

Hang in there. It isn't over, just delayed.
Dave_ThaoMaleVietnam (no flag)2008-12-16 09:24:00
Asia: East and PacificVisa in hand
Congrats! It pays to keep fighting and it is worth it!
Dave_ThaoMaleVietnam (no flag)2008-12-22 13:57:00
Asia: East and PacificFinger prints
We had to go to Biometrics a second time because Thao's finger prints didn't take the first time. You would think they would know at the time they take the prints whether they are good or not.
Dave_ThaoMaleVietnam (no flag)2008-12-26 12:06:00
Asia: East and PacificHow young is too young?
We have a large gap in age mid 40's(me) and mid 20's(her). We had problems getting the visa but the age gap was never brought up.
Dave_ThaoMaleVietnam (no flag)2009-01-05 15:09:00
Asia: East and PacificDon't Forget About 911
I made sure Thao watched Reno 911 when she came here so she would remember what to dial in case of an emergency.
Dave_ThaoMaleVietnam (no flag)2009-01-09 11:42:00
Asia: East and PacificPink
Congrats! Tell Trang to bring her hat with her when she comes over. My wife misses hers!
Dave_ThaoMaleVietnam (no flag)2009-01-05 12:17:00
Asia: East and PacificNotary Publics In Saigon
Tidbit:
I believe I paid $30 to have my timeline notarized at the HCMC consulate.
Dave_ThaoMaleVietnam (no flag)2009-01-27 09:15:00
Asia: East and PacificAnother Baby Boy!
Congrats!
Dave_ThaoMaleVietnam (no flag)2009-02-02 10:44:00
Asia: East and PacificOne for the Little Bitty Baby
It's a boy!!! good.gif

Congrats James and Mai!
Dave_ThaoMaleVietnam (no flag)2009-01-30 16:14:00
Asia: East and PacificBlue slip - need relationship timeline and list of relatives
Congrats!! dancin5hr.gif
Dave_ThaoMaleVietnam (no flag)2009-01-13 11:50:00
Asia: East and PacificCase rejected at HCMC and sent back to USCIS what do I do now?
QUOTE (Sylvia_n_Joseph @ Feb 11 2009, 10:13 PM) <{POST_SNAPBACK}>
You should not cancel the K1. Marc Ellis says that is the biggest mistake most people make. Once you cancel the K1 whatever they returned the petition for ends up being recorded as fact. You have to either rebut the findings if they review it ( doesn't happen a lot with k1's ) or just let it rest and address it in the next petition. Cancelling the K1 and trying for a K3 doesn't help unless you can refute the original reject reason.


That sounds like what Ellis told me when our K1 was denied returned in 2006. Ellis and I prepared our case for an appeal just in the event CSC decided to review it. In May '07 I had my congresswoman contact CSC to see what was going on and CSC replied to her that our case had expired and I may file a new one. I used that email in my new petition to show the consulate that CSC told me the returned case was expired and they will not review it. I also included all the evidence for the appeal(which never happened) and put that in the new petition. Ellis and I rebutted all the reasons the consult sent the petition back and showed them how they were wrong in doing so. The new K1 petition had every scrap of evidence I had at the time and was about 4 inches thick. I wanted to make sure the consulate saw everything before the interview. In May 2008 Thao got her pink slip. It appeared the CO was satisfied with the evidence because he only asked 7-8 simple questions.
Good Luck to all who have been denied. There is always hope.
Dave_ThaoMaleVietnam (no flag)2009-02-12 09:40:00
Asia: East and PacificWho has the next interview in Vietnam?
Sorry to hear about your set back Luckytxn. I hope you can clear it up soon.
Good Luck.
Dave_ThaoMaleVietnam (no flag)2008-12-11 09:52:00
Asia: East and PacificWho has the next interview in Vietnam?
QUOTE (chaddna @ Nov 20 2008, 09:44 AM) <{POST_SNAPBACK}>
Hello VJ members ,i have something confused.After interview,they didn't keep my evidence like Kevin and Tuyen's case.So is it a problem?Is there any diffrent Anyone interviewed before, did CO keep ?.
My husband notarized the timeline so next week i can summit hope evrything'll be good


They didn't keep our evidence the first time we interviewed. In fact, they didn't even look at it. The blue slip requested a timeline and more proof of relationship.
Dave_ThaoMaleVietnam (no flag)2008-11-20 11:17:00
Asia: East and PacificWho has the next interview in Vietnam?
Good Luck on all your interviews!
Dave_ThaoMaleVietnam (no flag)2008-11-06 11:43:00
Asia: East and PacificJust Married
Congrats!
Dave_ThaoMaleVietnam (no flag)2009-03-02 10:44:00
Asia: East and PacificGot our visa!!!
Congrats! I know exactly how you feel when you finally get that pink slip after so much frustration. Thanks again to James and Mai for being there at the moment when Thao came out of the consulate smiling.
Congrats again J&Q!!!!!
Dave_ThaoMaleVietnam (no flag)2009-02-18 10:37:00
Asia: East and PacificHow long does appealing take? should i refile i-130 instead?
QUOTE (andy777 @ Apr 7 2009, 03:17 AM) <{POST_SNAPBACK}>
QUOTE (Dave_Thao @ Apr 6 2009, 01:01 PM) <{POST_SNAPBACK}>
Our case was sent back Dec '06 and in May '07 CSC told my Congressional Liasson that they will not review the case because it had expired and I may file a new one. We finally received the pink slip in May'08. I don't know what Vermont does with returned cases but CSC appears to let them expire without any review or chances to appeal.


hi Dave_thao

so u refile i-130 again but this time with more evidence? did u do anything different on your second time? Do i need to wait for USCIS to give me the reject letter then refile or can i refile right now? thanks


I refiled for K1 visa. I hired ME to help me with the appeal at CSC. When the appeal never happened, I used the package of evidence ME created and incorporated it in the new K1 petition. I included every piece of evidence i had along with ME's breakdown of all of our phone messages before and after the denial. Showing how the consulate was wrong in saying there was no evidence of communication. The second petition was a rebuttal to for the first one.
I was told by ME that we should have the returned petition resolved before starting a new one to avoid any problems might have HCMC when the second petition arrives there. All I had for evidence that our returned petition was resolved was an email sent by CSC to my congressional liasson that the case had expired and would not be reviewed. They said I may file a new one. I put a copy of that email in the front of the petition.
Some people wait for a chance to rebut the HCMC consulate or receive a letter from USCIS stating that it has expired and some file again right away. I don't know the correct way to do it. I just followed what my lawyer told me and asked my congressional liasson to contact CSC to get our case resolved. That took about 6 months.

When we got our pink slip, it took 3 weeks to get the visa because the old case had to be cleared with the Dept. of State before they could issue the visa.
Dave_ThaoMaleVietnam (no flag)2009-04-07 09:37:00
Asia: East and PacificHow long does appealing take? should i refile i-130 instead?
Our case was sent back Dec '06 and in May '07 CSC told my Congressional Liasson that they will not review the case because it had expired and I may file a new one. We finally received the pink slip in May'08. I don't know what Vermont does with returned cases but CSC appears to let them expire without any review or chances to appeal.
Dave_ThaoMaleVietnam (no flag)2009-04-06 12:01:00
Asia: East and PacificBlue sheet
Congrats!!
Dave_ThaoMaleVietnam (no flag)2009-04-27 09:21:00
Asia: East and PacificCase send back
QUOTE (Dave_Thao @ Apr 16 2009, 04:02 PM) <{POST_SNAPBACK}>
QUOTE (Kevin and Tuyen @ Apr 16 2009, 01:36 PM) <{POST_SNAPBACK}>
I finally got a copy of the DS-194

1. Photo's only show we were together for only a couple days.huh.gif I have made 5 trips and submitted evidence, including the police residence registration forms.
2. No engagement ceromony. Submitted affidavitts and evidence for why
3. No lenghty pre nup. Again submitted affidavits and evidence for why

Interview
4. when asked about my occupation she didn't know all the details. We manufacture parts from mine equipment to ATV parts to furniture. She knows I design tools for manufacturing and told them for mining equipment.
5. She didn't know where I lived?? Misunderstood. They asked about my parents then place of residence. she said she didn't know thinking it was about my parents.
6. She couldn't remember my friend's names, she's never met them. I've met some of her friends and don't remember their names.
7. I know her brother from highschool. They asked a number of questions about him. Like how he came to the US, ECT. Then they asked how long. Thinking that they were asking how long he has been in this US, she said she didn't know. They were asking how long we knew each other.

I tried to get an appointment to clear up the interview question with them , but the consulate wouldn't let me in.


It might be worth contacting NVC and see if you can stop it there. I read a post in here somewhere that a person stopped their denied visa at NVC and they sent it back to the consulate. and the got another interview.


this is where I read the NVC thing.

http://www.visajourn...t=#entry2814955

Dave_ThaoMaleVietnam (no flag)2009-04-16 16:09:00
Asia: East and PacificCase send back
QUOTE (Kevin and Tuyen @ Apr 16 2009, 01:36 PM) <{POST_SNAPBACK}>
I finally got a copy of the DS-194

1. Photo's only show we were together for only a couple days.huh.gif I have made 5 trips and submitted evidence, including the police residence registration forms.
2. No engagement ceromony. Submitted affidavitts and evidence for why
3. No lenghty pre nup. Again submitted affidavits and evidence for why

Interview
4. when asked about my occupation she didn't know all the details. We manufacture parts from mine equipment to ATV parts to furniture. She knows I design tools for manufacturing and told them for mining equipment.
5. She didn't know where I lived?? Misunderstood. They asked about my parents then place of residence. she said she didn't know thinking it was about my parents.
6. She couldn't remember my friend's names, she's never met them. I've met some of her friends and don't remember their names.
7. I know her brother from highschool. They asked a number of questions about him. Like how he came to the US, ECT. Then they asked how long. Thinking that they were asking how long he has been in this US, she said she didn't know. They were asking how long we knew each other.

I tried to get an appointment to clear up the interview question with them , but the consulate wouldn't let me in.


It might be worth contacting NVC and see if you can stop it there. I read a post in here somewhere that a person stopped their denied visa at NVC and they sent it back to the consulate. and the got another interview.
Dave_ThaoMaleVietnam (no flag)2009-04-16 16:02:00
Asia: East and PacificCase send back
QUOTE (Kevin and Tuyen @ Apr 13 2009, 09:02 AM) <{POST_SNAPBACK}>
Here's what I got a "Good Friday"

Good afternoon,
Thank you for your inquiries of March 5 and April 1. We regret for a delay in our response.
After a thorough review of the facts of this case, the petition has been returned to the U.S. Citizenship and Immigration Service (USCIS) where the petition was filed for review and possible revocation. It can take several months for the petition to be received by USCIS. We will inform the beneficiary and return all personal items submitted in support of the application to the beneficiary at the appropriate time. This case is now closed in our office.

I'm setting up an interview with ME. Hopfully he can reverse the decision.



Damn! Sorry to hear that Kevin! I hope you can get this cleared up while the case is still at HCMC.

Good Luck to the both of you having problems.
Dave_ThaoMaleVietnam (no flag)2009-04-13 09:07:00
Asia: East and PacificFinally got the NOIR
Congrats Kevin! I wish you guys the best of luck fighting this!
Dave_ThaoMaleVietnam (no flag)2009-05-05 09:54:00
Asia: East and PacificThe Secret Life of my Avatar
That was a long time. Mai must be too busy with the baby!
Dave_ThaoMaleVietnam (no flag)2009-05-11 16:12:00
Asia: East and PacificThe Secret Life of my Avatar
I know but I will keep it to myself for now. secret7vf.gif
Dave_ThaoMaleVietnam (no flag)2009-02-19 11:00:00