ForumTitleContentMemberSexCountryDate/Time
Asia: East and PacificReally upset now, can anyone help?
QUOTE (Stepbrow @ Jul 22 2008, 01:59 AM) <{POST_SNAPBACK}>
QUOTE (Rodney n. @ Jul 21 2008, 11:17 PM) <{POST_SNAPBACK}>
my fiancee had her interview earlier and they gave her a blue slip because they thought our relationship was not real. we had all evidence and she answered all questions correctly. I am so pissed they forced her to use a translator after she answered a few questions in english and then the translator told her to answer in vietnamese because it would be faster.

rodney



Hi Rodney, The VO was either inexperienced or just jerking you around. The K-3 visa is where you have to demonstrate a bonified relationship ie marriage. Here is a case from the USCIS website that clarifies what is needed to qualify for a fiance visa. To summarize the requirements it says that you have to have met in person in the previous two years, That you have demonstrated that you want to get married ( your letters of intent), and that you are able (ie single or divorced) to get married within 90 days. Good luck with this.
PS if you want to look this up yourself and see the actual order go to the USCIS homepage and click Laws and Regulations at top, then click on Administrative Decisions, The one on the left, then click the Adiminstrative Decisions at the bottom of the paragraph, then scroll down to D6. This case was from Jan, 07. Bring this up yourself, have your senator do it, or give it to your attorney.
PUBLIC COPY then
U.S. Department of IEomeland Security
20 Mass. Ave., N.W., Rm. 3000
Washington, DC 20529
U.S. Citizenship
and Immigration
k
FILE: Office: NEBRASKA SERVICE CENTER Date:
LIN 05 023 53986 JAN 0 8 2007
PETITION: Petition for Alien Fiance(e) Pursuant to Section 101(a)(15)(K) of the Immigration and
Nationality Act, 8 U.S.C. 5 1 101 (a)(lS)(K)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
This is the decision in your case. All documents have been returned to the office that originally decided your
case. Any further inquiry must be made to that office.
Robert P. Wiemann, Chief
Administrative Appeals Office
Page 2
DISCUSSION: The Director, Nebraska Service Center approved the nonimmigrant visa petition but
subsequently revoked that approval. The matter is now before the Administrative Appeals Oflice (AAO) on
appeal. The appeal will be sustained. The director's revocation of the approved petition will be withdrawn.
The petitioner is a citizen of the United States who seeks to classify the beneficiary, a native and citizen of
Albania, as the fiancke of a United States citizen pursuant to section 1 Ol(a)(l 5)(K) of the Immigration and
Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(15)(K).
The director revoked the nonimmigrant petition after determining that the petitioner had failed to submit
sufficient evidence to establish that she and the beneficiary had a "bonafide relationship." The director cited
concerns raised by the beneficiary's interview with a consular officer at the U.S. Embassy in Tirana, Albania,
subsequent to Citizenship and Immigration Services' (CIS) approval of the petition benefiting him. Decision of
the Director, dated April 3, 2006.
The issue before the AAO is whether the petitioner has overcome the grounds for revocation.
Section 1 Ol(a)(l 5)(K) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 101(a)(15)(K), provides
nonimmigrant classification to an alien who:
(i) is the fiance(e) of a U.S. citizen and who seeks to enter the United States solely to conclude a
valid marriage with that citizen within 90 days after admission;
(ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the
beneficiary of a petition to accord a status under section 201(cool.gif(2)(A)(i) that was filed under
section 204 by the petitioner, and seeks to enter the United States to await the approval of such
petition and the availability to the alien of an immigrant visa; or
(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following
to join, the alien.
Section 214(d) of the Act, 8 U.S.C. 5 1 184(d), states, in pertinent part, that a fianck(e) petition:
. . . shall be approved only after satisfactory evidence is submitted by the petitioner to establish
that the parties have previously met in person within two years before the date of filing the
petition, have a bona fide intention to marry, and are legally able and actually willing to conclude
a valid marriage in the United States within a period of ninety days after the alien's arrival. . . .
The petitioner filed the Petition for Alien Fiance(e) (Form I-129F) with Citizenship and Immigration Services on
November 1, 2004. It was approved by the director on February 11, 2005, but returned to CIS following the
beneficiary's interview at the U.S. Embassy in Tirana on August 26, 2005. The Department of State consular
officer who conducted the interview determined that the beneficiary was not eligible to receive a visa because his
relationship to the petitioner was not "bonafide" and he, therefore, did not have "the required family relationship
or civil status to qualify for the immigration category sought."
The director issued a notice of intent to deny, requiring the petitioner to submit evidence within 60 days to
establish her relationship with the beneficiary. Decision of the Director, dated November 15, 2005. The
Page 3
petitioner responded to the director's request on January 4, 2006. The materials provided by the petitioner to
establish the genuineness of her relationship with the beneficiary included: a letter written by the petitioner
stating her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent
money to the beneficiary.
On April 3, 2006, the director revoked approval of the Form 1-129, stating that, the petitioner had failed to
respond to the Service's request for evidence. On appeal, counsel asserts that the petitioner had timely submitted
additional evidence and provides the USCIS Case Status printout in support of this assertion. Form I-290B. As
the USCIS Case Status printout shows, the applicant submitted additional evidence on January 4,2006. As such,
the AAO will consider the evidence to be timely. Counsel re-submitted the letter written by the petitioner stating
her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent money
to the beneficiary.
Section 214(d) of the Act states that CIS shall approve the Form I-129F when a petitioner submits evidence to
establish that helshe and the beneficiary have met within the two-year period immediately the filing of the Form
I-129F, have a bonafide intention to marry and are legally able and willing to marry within 90 days of the
beneficiary's arrival in the United States. In revoking the instant petition, the director appears to have imposed an
additional requirement on the petitioner - establishing the genuineness of her relationship to the beneficiary.
However, no such requirement exists for the approval of a Form I-129F and the AAO finds the director to have
erred in imposing it. While section 2 14(d) of the Act stipulates that the petitioner must establish that she and the
beneficiary have a bonafide intention to marry, this language is not synonymous with a requirement that the
petitioner establish the closeness of their relationship. The AAO has found nothing in the record to indicate the
petitioner and beneficiary do not intend to marry within 90 days of the beneficiary's arrival in the United States.
The AAO notes the concerns expressed by the consular officer and, subsequently, the director regarding the
beneficiary's lack of a close relationship to the petitioner. However, as just noted, section 214(d) of the Act does
not require the beneficiary to be knowledgeable regarding the petitioner or her history, nor that CIS evaluate the
closeness of the fiance(e) relationship before approving the petitioner's Form I-129F. Instead, it allows for the
approval of the Form I-129F when the petitioner and beneficiary have met no more than once during the two-year
period preceding the date of filing and may never have met previously. Accordingly, the reservations expressed
by the consular officer and the director are not probative for the purposes of these proceedings.
The director's revocation of the instant petition is based solely on the petitioner's failure to submit sufficient
evidence to establish the genuineness of his relationship to the beneficiary. As the director erred in imposing such
a requirement on the petitioner, the AAO finds the petitioner to have overcome the basis for the director's
revocation of the instant petition. Accordingly, the AAO will sustain the petitioner's appeal and withdraw the
director's revocation of the petition.
The burden of proof in these proceedings rests solely with the petitioner. Section 29 1 of the Act, 8 U.S.C. 5 136 1.
The petitioner has sustained that burden.
ORDER: The appeal is sustained. The revocation is withdrawn. The petition is approved.


This is good information and I'm sure the CO's there are aware of it. They don't seem to care about the law there.
Teacher MarkMaleVietnam (no flag)2008-07-22 01:05:00
Asia: East and PacificReally upset now, can anyone help?
QUOTE (Rodney n. @ Jul 22 2008, 01:06 AM) <{POST_SNAPBACK}>
anyone know how to get in touch with mr ellis?

rodney


marcellislaw@gmail.com or 713.893.7091. I'm gonna' have to start charging his a$$ for this! He seems to keep them in line though, so I retained him from the beginning.
Teacher MarkMaleVietnam (no flag)2008-07-22 00:13:00
Asia: East and PacificReally upset now, can anyone help?
QUOTE (Rodney n. @ Jul 22 2008, 01:03 AM) <{POST_SNAPBACK}>
I just feel so hopeless now and am not sure what too do or where too turn. feels like the life is sucked out of me. i tried to call consulate, but they wont let you talk to an american apparently in charge.


rodney



There have been many others on here that have gone through the same thing you are going through so don't despair! I can think of 3 or 4 that are currently dealing with this and one that just got the pink today. Hang in there.
Teacher MarkMaleVietnam (no flag)2008-07-22 00:11:00
Asia: East and PacificReally upset now, can anyone help?
QUOTE (Haole @ Jul 22 2008, 12:55 AM) <{POST_SNAPBACK}>
QUOTE (Rodney n. @ Jul 21 2008, 06:47 PM) <{POST_SNAPBACK}>
making one trip was a problem i think and i planned another for her interview, but we had another manager go on maternity leave so i couldnt go. sad.gif

rodney

LOTS of people get by with only one trip. I didn't first time around but second time I made a point of doing more than one trip. No problems with the second immigration process but I had tons more pictures and evidence.


This is HCMC, not Manila. Some get by with only one trip to Viet Nam, but they appear to be few and far between. I'm actually amazed when a couple make it through with only one trip there.
Teacher MarkMaleVietnam (no flag)2008-07-21 23:58:00
Asia: East and PacificReally upset now, can anyone help?
QUOTE (Rodney n. @ Jul 22 2008, 12:47 AM) <{POST_SNAPBACK}>
making one trip was a problem i think and i planned another for her interview, but we had another manager go on maternity leave so i couldnt go. sad.gif

rodney


O.K., if it were me I would contact Ellis, retain him and go there when the evidence is resubmitted if possible. It really sucks that you have to go to these extremes.
Teacher MarkMaleVietnam (no flag)2008-07-21 23:55:00
Asia: East and PacificReally upset now, can anyone help?
QUOTE (Rodney n. @ Jul 22 2008, 12:31 AM) <{POST_SNAPBACK}>
I am trying to get in touch with my fiancee now she was trying to talk with her lawyer and we got disconnected. she said something about them wanting further evidence of a bonafide relationship and i dont know what else i can send them. we had chat logs, photos, phone records, gifts. any thoughts?

rodney


How many trips have you made? Did you provide all of the receipts from them?
Teacher MarkMaleVietnam (no flag)2008-07-21 23:34:00
Asia: East and PacificReally upset now, can anyone help?
Sorry to hear about the delay in your Fiancee's Visa.

You need to find out what information they are looking for and provide it. She should have answered "No, I would prefer English" when the translator said that, but it's too late now so move beyond it.
Teacher MarkMaleVietnam (no flag)2008-07-21 23:28:00
Asia: East and PacificI130 Denied in HCM sent back to US. Case under investigation 1yr+
QUOTE (Dean407 @ Jul 27 2008, 10:26 AM) <{POST_SNAPBACK}>
Thanks for the words of encouragement guys.


I love how they put The Statue of Liberty on there.

Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed, to me:
I lift my lamp beside the golden door, so you can read the writing on the blue slip they gave to thee.

Teacher MarkMaleVietnam (no flag)2008-07-28 14:18:00
Asia: East and PacificI130 Denied in HCM sent back to US. Case under investigation 1yr+
Sorry to hear this. There is hope, so hang in there.

I don't know what number you tried for ME, but the one I have is 714.893.7091. It is a Vonage number that transfers directly to his cell phone, so he doesn't need to actually be stateside to answer it. I imagine it is a Viet Nam based cell provider as well. I don't think voice mail is widely used there, if at all. He may be in Cambodia, so keep trying. His email is marcellislaw@gmail.com.

In the meantime here is the phone number for the White House:

202-456-1111

If you call it they can connect you to your Senator or Representative.

Please keep us informed.
Teacher MarkMaleVietnam (no flag)2008-07-27 02:32:00
Asia: East and PacificGot word fron senator
QUOTE (PhongLovesHa @ Aug 2 2008, 11:15 AM) <{POST_SNAPBACK}>
The following comments are purely personal speculations and observation:

1) If everyone (fraudulent cases excluded) is given pink slips, then immigration lawyers will sit in coffee shops all day long? You know very well in Vietnamese culture, there's a saying "Thu tuc DAU TIEN", meaning one needs to cough up $$$ for things to move along. I'm not mentioning any lawyer in particular, but please, they're the ONES who shake hands with the US Consulate and push them to pass out as many Blue/Green slips as possible, so they'll have clients, then in return, they (the lawyers) will go golfing, dinning, blah blah with the gov't officials.

2) Vietnam is well-known around the world for "arranged" marriages between VNese ladies and Taiwanese men. Who will pay "more" into the "system", you or those Asian men? Think about it, then you'll understand why the VNese gov't prefers one over the other!

Therefore, if you do everything by yourself and are successful, consider yourself the very few lucky enough to slip through the crack of the system, otherwise, it's the "norm" of the Vietnamese way of doing business. There must be a reason why 33 years after 1975 Vietnam is still among the poorest countries in the world.

Welcome to the Vietnamese system!!


This is an American system. Lawyers are a byproduct of that system. I would love to jump on the conspiracy bandwagon, but I don't think that is the case. The one's that I know that have gotten through on the first try have had their I-129s or I-130s meticulously prepared. If you submit your papers written in Crayola with evidence missing then you can probably expect to be denied. I do think there is a fair amount of luck involved as well though.
Teacher MarkMaleVietnam (no flag)2008-08-02 15:01:00
Asia: East and PacificGot word fron senator
I think if that were true then the Vietnamese Government wouldn't be allowing any foreign marriages. They would block them on their end.
Teacher MarkMaleVietnam (no flag)2008-07-31 00:42:00
Asia: East and PacificInterviewing at HCMC: it's all about faith
QUOTE (Melrose Plant @ Aug 2 2008, 06:27 PM) <{POST_SNAPBACK}>
QUOTE (WideAwakeInTheUSA @ Jul 25 2008, 06:47 PM) <{POST_SNAPBACK}>
I noticed something in this thread:

Having Wife in U.S. = Faith In The System

Not Having Wife In U.S. = Not Much Faith In The System

I will be the exception to the rule, as usual. I do not have a lot of faith in the system. I credit a lot of our success to dumb luck. But then, I seem to have had a lot of dumb luck since I met Mai.


A meticulous I-129f didn't hurt.

http://www.visajourn...p;#entry2075754
Teacher MarkMaleVietnam (no flag)2008-08-02 21:40:00
Asia: East and PacificInterviewing at HCMC: it's all about faith
I noticed something in this thread:

Having Wife in U.S. = Faith In The System

Not Having Wife In U.S. = Not Much Faith In The System
Teacher MarkMaleVietnam (no flag)2008-07-25 18:47:00
Asia: East and PacificViet Nam: IR-1/CR-1 -vs- K-3
QUOTE (Tyrobe @ May 13 2008, 09:20 AM) <{POST_SNAPBACK}>
QUOTE (WideAwakeInTheUSA @ May 13 2008, 02:40 AM) <{POST_SNAPBACK}>
I'm trying to figure out the time difference here. On the California Service Centers website, as of 05.13.2008, they are working on:

129F = October 8th 2007

I-130 = August 19th 2007

So there's a difference of 40 days. Is that the time difference we would be looking at, or is there something else to take into consideration?


Need to add another month and half at NVC for CR1 on top of that 40 days, so we are looking roughly 3 months behind. We catch some of this time back by not requiring to wait for packet 3 in VN then turn them in; all paperwork is already done upfront at NVC. The wife just sits there and waits for the interview letter.

You're correct. For CR1, once you turn in your I-130 that's it. No need for I-129F. In some rare case for K3, USCIS hold the approved I-130 and delay the case in order to process I-129F. Even requesting to switch back to CR1 can still delay some time. So decide at the start of the process which route to take can save you a peace of mind later on. But in general, K3 is faster to reach HCMC.

If I start the process again I would still stick with CR1 route. It works out for our circumstance.



O.K., got it. Thanks!
Teacher MarkMaleVietnam (no flag)2008-05-13 08:47:00
Asia: East and PacificViet Nam: IR-1/CR-1 -vs- K-3
I'm trying to figure out the time difference here. On the California Service Centers website, as of 05.13.2008, they are working on:

129F = October 8th 2007

I-130 = August 19th 2007

So there's a difference of 40 days. Is that the time difference we would be looking at, or is there something else to take into consideration?

Edited by WideAwakeInTheUSA, 13 May 2008 - 02:41 AM.

Teacher MarkMaleVietnam (no flag)2008-05-13 02:40:00
Asia: East and PacificViet Nam: IR-1/CR-1 -vs- K-3
QUOTE (Tyrobe @ May 12 2008, 09:45 PM) <{POST_SNAPBACK}>
I faced the same dilemma as you when I was starting out the journey, but I decided to go with the CR1 route over K3. I still think CR1 is a superior visa due to less paperwork, cost and headache later on when my wife arrives in US. If being apart a few more months longer is a big issue, then K3 is preferred. For me, I accept the delaying of a few more months due to all the paperwork at NVC after the case has been approved by USCIS.

As of right now, NVC is streamlining the billing process using online payment for CR1/IR1, so the time it takes from approval to HCMC is reduced dramatically. My case was completed at NVC in less than 2 months, and I was expecting at least 3 months or more even with James's Shortcut. Instead of sending the case immediately to HCMC, I intentionlly opt to lengthen by 2 months in order to submit the paperworks to NVC. All the documents for Packet 3, such as PC and BC, are processed at NVC instead of at consulate. In that way, I take care of all the workload for my wife from the very beginning to interview. Well, she still has to obtain the required documents to send to me. With CR1, my wife will receive her green card immediately, get her driver license right after and apply for US citizen after only 3 years. Plus, I need her SSN as soon as she gets here to re-submit for my stimulus check heh.

Anyway, the decision to go for CR1 or K3 starts at the start of the journey depending on your circumstances. Submitting both and hoping for whichever is the fastest don't work anymore. If you can wait just a few more months, I recommend doing a CR1 route. You still have time until NOA1 to send out I-129F. Good luck with whatever route you choose.


So you're saying it's around 2 months longer? I know there is no set rule on the length, but all of these go to the National Visa Center, so it should be about the same length of time.

If I understand you correctly we have until the NOA1 is sent to decide. Now if we do go the IR/CR1 route then there is no need for the I129F, correct? Or do I still have to file that and cancel it out later? Thanks Tyrobe, I figured it would be you who responded. I'll probably have more question (well I know I will) if we decide to go this route. It seems like the logical choice to me. We'll see what Thuy thinks.
Teacher MarkMaleVietnam (no flag)2008-05-13 01:35:00
Asia: East and PacificViet Nam: IR-1/CR-1 -vs- K-3
I'm interested in hearing the Viet Nam VJ member's who opted for 1 over the other. I know that it takes longer for the IR-1/CR-1. Anyone have any idea how much longer? I also know that a Green Card is issued on arrival so there is no Adjustment of Status to deal with. Any other benefits? I finally have everything I need and will be sending in the I-130 at the end of the week. I am assuming now is the time to decide which way to go.
Teacher MarkMaleVietnam (no flag)2008-05-12 19:20:00
Asia: East and Pacificpreparation for the incoming interview on Aug. 19
QUOTE (chuckandkim @ Aug 6 2008, 07:28 AM) <{POST_SNAPBACK}>
To Ralph: in the foreseeable future, 90 days after her arrival, will you be making enough money to support her? Will you have a steady income to support yourself and her? If you say yes, then it's fine! The financial support piece of this process is to make sure SHE won't get on welfare once she gets here, if she does, you will be liable!

Huanyen: It happens! Say, if you always knew her way back when..., just waited to be old enough to get married... then on your first chance coming back to the motherland, you marry your dream girl! It happens!
On the other hand, you never knew her before, it's an arranged marriage, you return to VN to marry a girl as a favor to her family (of course, we won't tell the C.O. that). Then the C.O. would raise the redflag and review the case further!
It happens!
Or, a friend of an uncle introduce her to you, you want to marry her, love at first sight. It happens!
Any of these scenarios would usually raise redflags! Expect a tough fight @ HCMC. IMHO!


If that were the case they could find out you're lying and give her either a 3 or 10 year ban!!!!!! That happens too.

Edited by WideAwakeInTheUSA, 08 August 2008 - 06:59 AM.

Teacher MarkMaleVietnam (no flag)2008-08-08 06:55:00
Asia: East and Pacificpreparation for the incoming interview on Aug. 19
QUOTE (chuckandkim @ Aug 4 2008, 07:54 AM) <{POST_SNAPBACK}>
QUOTE (Melrose Plant @ Aug 4 2008, 07:15 AM) <{POST_SNAPBACK}>
QUOTE (Huanyen @ Aug 3 2008, 10:07 PM) <{POST_SNAPBACK}>
Another note about our relationship timeline: It is a typed notarized document. Do I need a handwritten version?

There seems to be some debate about this. I submitted a typed, non-notarized timeline, and we were successful on the first try. I was told that I didn't need to get the document notarized because I was there (waiting across the street from the consulate). If you are not able to be there for the interview, it has to be notarzied (which yours is).

Some have said it needs to be hand-written, which I really can't see the sense of. That just makes it harder for the person to read and understand. We did submit some other hand written documents, and now that I look back on it, that seems silly, too. It just gave me a chance to use my fountain pen.


Nothing to debate about this! It's very irrelevant if you think about it, what does public notary mean? "Yes, I am a PN Clerk, who see you SIGN the (fill in the blank) document in front of me is the person whom you say you are (check ID's)" Done, nothing more nothing less!

Only notarize what required! (financial support document etc.)


To Huanyen,

I would cut back the emails to "The Top 20's" best emails - Make sure they best represent your relationship timeline. Here is why: C.O. won't have time to read your 500 random emails. Only the important onces (Hint: Wedding plan, Children plan, Life in America plan and discussion. You do talk about these kind of things in your emails and daily conversation, don't you?)

Blue/Green: Usually, more often than not these days, prepared before the interview, however, there are cases where the fiance was able to change the C.O.'s mind for a PINK on the 10 short mins of the interview!

Pink: Prepared before hand for cases, IMHO, similar to your case. Read: less complication! (no same-last-name, no relatives-introduction, no complex family-tights, no divorces) Pink also gets issued on the spot!

Think "BIG PICTUTRE" Huanyen smile.gif Your financial situation isn't the ONLY thing that makes or breaks the case. I lost my job right after I applied for Kim's Visa, that whole year leading to the interview, I was collecting unemployment (it was sweet!!!!!!!). total income was nowhere near what I'm making now but still above porverty line. However, C.O. will look at your total financial support ability to gage whether or not you can and will be able to support your honey when she is here. $60K/year is a lot in someplace with low rent and cheap cost of living, (Think - New York, Los Angeles vs. here in Philly) But it's all relative. You will be just fine, you have a solid job, with steady income, then previous year's lack of income will be overlooked.... NOBODY can guarantee they will have the job tomorrow! C.O. knows that!

Everything else seems OK!

Good luck and let us know how it goes!

chuck and kim


Once again, tell that to the Consulate. They do request that it the timeline be notarized from time to time. Why sweat it, just do it. I'd give them both a hand written and a typed copy, both notarized.

I would also request a copy of the receipt for the ticket(s) from the airline.
Teacher MarkMaleVietnam (no flag)2008-08-04 12:14:00
Asia: East and PacificI864- becoming a public charge
QUOTE (What @ Aug 14 2008, 04:30 PM) <{POST_SNAPBACK}>
By signing the I864...

"Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is notinadmissible to the United States as an alien likely to become a public charge, the U.S. Government can consider yourincome and assets to be available for the support of the intending immigrant."

Does this mean she can't apply for Welfare and food stamps? How about other federal gov't programs like Medicare or Student financial aid? How about state programs like Medicaid?

How do you guys see it?


The way that I have understood it is that if your Spouse signs up for any Federal or State program the Government retains the right to collect the money from you or your Co Sponsor.
Teacher MarkMaleVietnam (no flag)2008-08-14 15:34:00
Asia: East and PacificProof of fiancé living in Vietnam.
I'd like to add that if it were me I would have him come back, have the engagement party and take lots of pictures. One thing that I rarely see mentioned on here is the fact that if USCIS is aware of something that HCMC may consider a problem, then HCMC cannot deny the visa based on that problem. Your job is to try to foresee anything they could object to and make USCIS aware of it. Making USCIS aware of the fact that you didn't have one might work, but I wouldn't chance it.

Be patient and do it the right way. It may end up getting the 2 of you together quicker than if you hastily submit the I-129f.

Edited by WideAwakeInTheUSA, 16 August 2008 - 01:12 PM.

Teacher MarkMaleVietnam (no flag)2008-08-16 13:08:00
Asia: East and PacificProof of fiancé living in Vietnam.
QUOTE (popcorn @ Aug 16 2008, 01:11 AM) <{POST_SNAPBACK}>
QUOTE (chuckandkim @ Aug 15 2008, 08:49 AM) <{POST_SNAPBACK}>
Expect an uphill battle with HCMC!
A Picture speaks a thousand words.... or ATM Receipts, HouseBook, Boardingpasses, Lease contracts, cut-paste emails, sworn letters etc.
What's the problem with him coming back to have an engagement ceremony, think of it as an picture ops!

Frankly, I don't see how you could get by a 10 months relationship in Vietnam without going to a party where friends and relatives would show off their new Digital camera and taking 1000's of photos of everyone and including you in it.... Maybe you personally don't have your own photos/pictures of yourself together... ask around, maybe friends and relatives have some pictures of you two.

Good luck and let us know what you got...



We both don't like camera, never went to a party or hung out with friends and relatives are the last people we would want to see. Plus we did not plan on moving to America so did not think about having pictures taken to show the CO. I do have some of his pictures taken in our apartment, and in local areas, and hope he can find the only self timing picture of us taken in front of out apartment.

There's no problem for him to come back for an engagement ceremony. But is it ok if we have the engagement party after he sends the I-129? If the engagement has to be held before USIC received the all the files than it will takes me months and months to be with him since he just came back to America in July and has not been settled yet. I guess it will takes at least 4 months before he can make it back here. So i want to know if the engagement party is compulsory.


USCIS only requires that you have met within the past 2 years. You should clear them with the evidence you have. It's at HCMC Consulate where things get sticky and the engagement party could come into question.
Teacher MarkMaleVietnam (no flag)2008-08-16 00:28:00
Asia: East and PacificCosmetology (Beauty/Make Up) Schhols In Sai Gon.
Thanks for the replies everybody.

I'm not real concerned with the compatibility issues. The plan has been for me to go over there for a few years (leaving in December). We're just trying to find a decent job for her in the meantime.
Teacher MarkMaleVietnam (no flag)2008-08-21 17:50:00
Asia: East and PacificCosmetology (Beauty/Make Up) Schhols In Sai Gon.
QUOTE (MissStacey @ Aug 20 2008, 12:18 AM) <{POST_SNAPBACK}>
What area is she interested in- hair, aesthetics, make up?


Make up and hair are supposed to be the primary focus.
Teacher MarkMaleVietnam (no flag)2008-08-20 07:34:00
Asia: East and PacificCosmetology (Beauty/Make Up) Schhols In Sai Gon.
My Wife wants to go to a school there, but it seems a bit pricey. anyone know anything about them?
Teacher MarkMaleVietnam (no flag)2008-08-19 20:27:00
Asia: East and PacificFIANCE visa
Congratulations to you both. It reminds me of a lyric from The Grateful Dead: "What a long, strange trip it's been". I'm sure it's an appropriate quote.


Here's a Naturalization Ceremony I found on YouTube:


Teacher MarkMaleVietnam (no flag)2008-08-24 18:37:00
Asia: East and PacificFlight tickets
Here's a post of mine from a few weeks ago:

http://www.visajourn...st travel store

http://www.bt-store.com/

I'm planning on using them.
Teacher MarkMaleVietnam (no flag)2008-08-23 15:05:00
Asia: East and PacificReturned back to the US
I'm sorry to hear this.
Teacher MarkMaleVietnam (no flag)2008-08-28 09:29:00
Asia: East and PacificReturned back to the US
QUOTE (J & Q @ Aug 19 2008, 07:15 AM) <{POST_SNAPBACK}>
QUOTE (Rodney n. @ Aug 18 2008, 11:43 PM) <{POST_SNAPBACK}>
I hope it works out soon. did they tell you to submit your request in writing? i sent an e-mail and they called my fiancée to see when if i was in Vietnam. they told me i could talk to the chief officer if they didn't approve us when we turned in documents they asked for. i sent them a bunch of e-mails and they responded to them. i tried to call and got stone walled. don't give up. they have to hear you.

Rodney

Rodney,

Unfortunately no request had been made in writing prior to my arrival. My attorney and I felt that it would be best to go in person before the consulate as that is what many other people had done before without a problem. We were afraid that it would take too long or that the request would go unheard if made in writing. The Chief Consulate did however accept the additional supporting evidence which I provided them with so hopefully that helps. I mean this should prove without a reason of doubt that our relationship is true. I will do whatever it takes for as long as it takes for us to be together because I love her with my whole heart. May sound cliche but I have never been in love with anyone as I am with her and I know that she feels the same as I do. It probably is hard to beleive to many since we come from 2 very different places but when we are toghether nothing in the world seems to matter.



You forgot to mention that! I think that's good. You should have her here within a few months (I hope)! Ellis got GuyandHoa out of AR in less than 60 days.
Teacher MarkMaleVietnam (no flag)2008-08-19 07:05:00
Asia: East and PacificReturned back to the US
Did you ever retain Ellis?
Teacher MarkMaleVietnam (no flag)2008-08-18 21:28:00
Asia: East and PacificMarried on tourist visa... need some info.
DO NOT LET HER LEAVE THE COUNTRY! There is nothing illegal about what you have done if there was no intent to marry when she arrived. Canadians and nationals of other Anglo Countries do it all the time. Consider yourself lucky that she was able to get in. Personally, I don't think it's right, but there is no law against it. If she leaves and there is a problem with visa then you'll kick yourself in the rear. I think the I-130 is what you need to file. This topic has been argued ad nauseum in other forums. Try putting "married on a tourist visa" in the search engine.
Teacher MarkMaleVietnam (no flag)2008-08-25 17:22:00
Asia: East and PacificPINK PINK PINK WOO HOOOOOOOOOOOOOO
CO: Is the girl your husband's?
My wife: Actually, she's ours


laughing.gif

GOOD FOR HER!

Congratulations.
Teacher MarkMaleVietnam (no flag)2008-09-02 06:30:00
Asia: East and PacificAngry at Stereotypes... WHY CAN'T I LOVE AN ASIAN???????
QUOTE (Hien @ Mar 2 2008, 07:56 AM) <{POST_SNAPBACK}>
QUOTE (WideAwakeInTheUSA @ Mar 2 2008, 04:23 AM) <{POST_SNAPBACK}>
Keep on keeping on Linda. I just gave the posting a scan but it reminds me of this:

http://www.visajourn...h...102999&st=0

I love the response that tells me to stop feeling sorry for myself. Someone must have been having a bad day.


Oh, what you said is about the racists?? That's why there was the war between VN and American.

I only wish that VN will become rich so that the wives would not need to apply visa to USA but the husbands, they would have to apply visa to VN and move there to live. devil.gif

That day will come soon if the American continue the war with other countries forever. devil.gif


Yawn.
Teacher MarkMaleVietnam (no flag)2008-03-03 03:38:00
Asia: East and PacificAngry at Stereotypes... WHY CAN'T I LOVE AN ASIAN???????
Keep on keeping on Linda. I just gave the posting a scan but it reminds me of this:

http://www.visajourn...h...102999&st=0

I love the response that tells me to stop feeling sorry for myself. Someone must have been having a bad day.
Teacher MarkMaleVietnam (no flag)2008-03-02 05:23:00
Asia: East and PacificWhite paper -- what's this --aarrh
QUOTE (RalphandHanh @ Aug 19 2008, 08:20 PM) <{POST_SNAPBACK}>
From what I understand, they want last years tax return only. My fiancée went to the Migration office in HCMC to ask some questions. Maybe its different for spouse.

Does anyone know > if my income was low last year but I have a decent amount in savings... do that help? I think I'm going to contact M.E. this week.


I think $5 in savings = $1, but I could be wrong.

As far as the returns it is all the same ( K-1, 3, CR/IR 1) from what I understand.

Edited by WideAwakeInTheUSA, 19 August 2008 - 07:26 PM.

Teacher MarkMaleVietnam (no flag)2008-08-19 19:25:00
Asia: East and PacificWhite paper -- what's this --aarrh
QUOTE (Huanyen @ Aug 19 2008, 03:37 AM) <{POST_SNAPBACK}>
Hi everyone,

We need to your help on this. Our I-864 got rejected because my 2007 income was below the poverty guideline. Then, they gave my wife the white paper and asked us to resubmit the I-864 with the I-864A.

My concern is: why did they give us the white paper? What does the white paper mean?

Would someone tell me what's with the white paper? is it bad?



I heard that white paper is bad because it means our case is denied since my AOS is not qualified



I've had some sleep now. I think you need a Co Sponsor. PM PeterFB or ChuchandKim and ask them.
Teacher MarkMaleVietnam (no flag)2008-08-19 07:03:00
Asia: East and PacificWhite paper -- what's this --aarrh
QUOTE (Rodney n. @ Aug 19 2008, 04:04 AM) <{POST_SNAPBACK}>
on pink slip checklist it shows 2007 return. i assume they only go by the most recent. i sent 3 years, but they told my fiancée they only needed my 2007 return.

Rodney


See, I don't understand that. The guru Ellis himself told me about having to show 1 out of 3.
Teacher MarkMaleVietnam (no flag)2008-08-19 03:05:00
Asia: East and PacificWhite paper -- what's this --aarrh
After a little more research I found that it may mean that you are in Administrative Review (A.R.).

http://www.visajourn...p;#entry1882737

http://www.visajourn...p;#entry1934048

It is probably form MNL IV-22 from what I have read. The thing I don't understand is there are several posts that say that their Spouses got both the pink and the white.
Teacher MarkMaleVietnam (no flag)2008-08-19 02:56:00
Asia: East and PacificWhite paper -- what's this --aarrh
http://www.visajourn...;sa=Search#1260

It looks as if it is a RFE, or request for evidence. Someone else needs to weigh in on this one.

Regarding the income, you are only supposed to have to show 1 year out of the past 3 at the 125% level. One year below it shouldn't disqualify you, but.......

Edited by WideAwakeInTheUSA, 19 August 2008 - 02:48 AM.

Teacher MarkMaleVietnam (no flag)2008-08-19 02:48:00
Asia: East and PacificAirline proof receipts - mandatory or optional?
You should contact the airline and ask for a copy of the receipt, they can email it to you. It will look like this:

Dear Valued Customer
Thank you for choosing United Airlines
As per your request for the copy of the receipt

PRIMS OTIS -------------- OTIS TICKET INQUIRY ------------------------ 05/23/08
TKT-NO: 016 2170 548948 2 / 000 STAT D E/P: E *PRIMARY CONJ 2170 548948 / 000
NAME SNUFFY, JOE ISSUE-DTE 01/31/08 DAY-BATCH-SEQ 038-000075-000
SOLD BY 00-43711 3* RPT-DTE 01/31/08 BANK-REF 000000000 *MULT TKTS Y
TOUR-ID COMPEN-CD O CORR CDS: SALE RFD DUPLICATES N
ELEC-SALE: Y REPR-CD: PR-ADJ-CD: FARE 863.00
OCAK A/L FLT CL DATE TIME FBC TKTDES RPT FARE *TAX UST 30.80
01XORD OO 5923 W 02/20 0600 WLXWEB UAC 33.82 *TAX MISC 302.50
02XHKG UA 0895 W 02/20 1217 WLXWEB UAC 334.72 PENALTY
03OSGN UA 0867 W 02/21 2050 WLXWEB UAC 62.96 SVC CHG
04XHKG UA 0856 W 03/20 0700 WLXWEB UAC 62.96 TOTAL 1196.30
*1XORD UA 0896 W 03/20 1140 WLXWEB UAC 334.72
02 CAK OO 6377 W 03/20 1950 WLXWEB UAC 33.82
F-O-P PC 80 AUDITOR: CURR USD RT 1.000000 A/C: CURR RT
BA 1196.30 CARD-# xxxxxxxxxxxxxxx EXP AUTH 103167 PID H LSC E

NO ADD-COLLECT DATA
NET-REMIT AGY-RPT-COMPEN TOTAL DISCOUNT $
FARE-WAIVER UNMTCHED: VALUE TKT-USE-CORR-ACTN-CD
SLOT CPN USE PR LOCATION/INFORMATION AC DATE
01 ME01 LIFT 02/20/08 0000000 5923 2 CAK CHI 33.82 02/22
02 ME02 LIFT 02/20/08 0000000 0895 2 CHI HKG 334.72 02/26
03 ME03 LIFT 02/21/08 0000000 0867 2 HKG SGN 62.96 02/26
04 ME04 LIFT 03/20/08 0000000 0856 2 SGN HKG 62.96 03/25
*1 ME01 LIFT 03/20/08 0000000 0896 2 HKG CHI 334.72 03/25
02 ME02 LIFT 03/20/08 0000000 7352 2 CHI CAK 33.82 03/25
********************************* END OF DATA *********************************

With Warm Regard
Darrel Paul
United Refunds Department

You should also provide them with a credit card statement. Just black out the information that is sensitive.

They don't always ask for proof of purchase, but it is better to beat them to the punch IMHO.

Edited by WideAwakeInTheUSA, 02 September 2008 - 10:26 PM.

Teacher MarkMaleVietnam (no flag)2008-09-02 22:25:00