ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresFail in travel visa will be failed in spouse visa ?

Having a rejected tourist visa won't hurt the spousal visa at all if the reason for the rejection was failure to establish sufficient ties to the home country. And that is the most common reason for rejection of a tourist visa.

If the reason for the rejection of the tourist visa was something else, such as lying on a visa form, or a criminal background, then that would still be a reason to reject the spousal visa, so it would still present a problem. This isn't common, but is possible.

It isn't the stated reason for the rejection that is the cause for concern here. The OP is from Vietnam, which is a high fraud post. The concern that I have on behalf of the OP is that they are appearing very anxious to get to the US and in Vietnam, that can make a CO very suspicious about motive/intent. They now have 3 applications (well, 2 applications and a petition) in 4 months. Also, the timing of the marriage will come into play. If you were married before September, why were you trying to visit a friend in the US instead of your spouse?

Specifically, just applying for a tourist visa will not hurt your chances for a spouse visa...many people do this without problems. But you need to assess your personal circumstances and be fully prepared to address the questions that could arise at the interview.

OP, does your USC husband live with you in Viet Nam?
toddandhienMaleVietnam2010-02-01 12:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFail in travel visa will be failed in spouse visa ?

I filled 2 times for travel visa but all was failed :( Now we are filling on spouse visa ? Is that ok ? Im worry that they will think im trying to get the US visa and may fail next time . What can I do or prepare ? Pls help.

Tks a lot

Are you the beneficiary or petitioner?

The beneficiary should be prepared to explain at the interview why they applied twice for a tourist visa and now are applying for a K-3 or CR-1. Also, look at timing. When were the 2 tourist visa applications filed compared to your current I-130 filing? Was the current petitioner the same person listed as providing support on the 2 tourist visa applications? If yes, it will make explaining easier. If not, be prepared to explain why you are so eager to get to the US.

It is very, very difficult to get a tourist visa application approved from HCMC. They are very concerned about visa fraud and will give a tourist visa only if they are very confident that you will visit the US and return to VN. They look for the applicant to have significant assets in VN as a way to feel sure that you have a strong reason to return. It's nothing personal about you, it's just business.
toddandhienMaleVietnam2010-01-30 14:24:00
K-1 Fiance(e) Visa Process & Proceduresquestions reguarding my newborn baby birth certificate
QUOTE (geezer @ Feb 24 2009, 08:07 AM) <{POST_SNAPBACK}>
QUOTE (r0yalflush @ Feb 24 2009, 12:36 AM) <{POST_SNAPBACK}>
the baby looks like me, if they see that, for sure they will not require me to take the DNA test right?


They cannot require a DNA test but at some post they may not give you a CRBA without one. Speaking only for myself on this I would not consennt to a DNA test under any circumstances but many do.


If you know the baby is yours, why would you not consent to a DNA test if it was requested?
toddandhienMaleVietnam2009-02-24 09:45:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about length of courtship affecting CO decision
QUOTE (NgocThuan @ Mar 1 2009, 08:51 PM) <{POST_SNAPBACK}>
Thank you everyone for your input. I plan on making another trip to Vietnam as soon as I hear word that our case has been sent to the embassy in HCMC. I wish I could make a trip before then, but I just got back from my first trip at the end of January. I don't think my employer will let me take another vacation that soon. So instead of three visits, I'll only have 2 visits and a lot of email, chat logs, pics, and phone bill (in my sister's name, so might not be good as evidence) to show for the interview. It's still early yet, so I have more time to collect proof of our relationship. I plan on sending letters and cards/gifts. I started sending her money, since she stopped working to be able to chat with me in the evenings (of course day time in Vietnam); she could show receipts of the wire transfer.


As many have pointed out before, think of this from the perspective of the CO. They are cynical by nature and VN is a high fraud post. You have to deal with your red flags because they are there and must be dealt with. You were introduced by a family member, went to Vietnam once and got engaged within 5 days of meeting her. So, please consider your circumstances when you determine how much evidence you will build and present. It is easy to under-do it if you are not careful.

I would recommend that you do everything possible to take at least one more trip to Vietnam. Ask your boss/HR if you can "borrow" a week from next year if it comes down to it. These meetings are so important for the HCM consulate. You will never regret going more but if you get denied, you may wish you had gone again. And as Anh Map pointed out, being there is much more fun than being away from your loved one!

Also, I would recommend that you try to get a phone line in your name somehow. So much more convincing to have a bill in your name at your home address than a letter from your sister saying that you are using her phone.


toddandhienMaleVietnam2009-03-02 19:49:00
K-1 Fiance(e) Visa Process & Proceduressent in original, no copies, no time stamps on passport help!!
QUOTE (Gary and Alla @ Mar 4 2009, 08:27 AM) <{POST_SNAPBACK}>
QUOTE (r0yalflush @ Mar 2 2009, 11:11 PM) <{POST_SNAPBACK}>
Great my situation keeps getting worse and worse. The original boarding passes were sent in along with the I-129F, i have no copies of them, and no time stamps on my passport. What should i do now?

I will be flying back to Vietnam in 2 months for my our child's Consular Report of Birth. This time i will keep everything and make sure to get time stamps on my passport. Will this helps?


I will assume you have been together since you have a child and they haven't changed the method for making those in, like, 45 years or so. So how did you get in and out (of Viet Nam, I mean) without a passport stamp?

In Ukraine they are crazy with the "Ka-chunk"ing stamps and I am always afraid they will not stop and stamp my head or something. Are you sure you did not get passport stamps?


Gary and Alla, see my post from yesterday. When one has a loose visa in Vietnam, they will stamp the back of the visa not your passport. This is the only country I have been to that has the practice of both loose visas and not stamping your passport.
toddandhienMaleVietnam2009-03-04 12:31:00
K-1 Fiance(e) Visa Process & Proceduressent in original, no copies, no time stamps on passport help!!
QUOTE (r0yalflush @ Mar 2 2009, 11:11 PM) <{POST_SNAPBACK}>
Great my situation keeps getting worse and worse. The original boarding passes were sent in along with the I-129F, i have no copies of them, and no time stamps on my passport. What should i do now?

I will be flying back to Vietnam in 2 months for my our child's Consular Report of Birth. This time i will keep everything and make sure to get time stamps on my passport. Will this helps?


This passport stamping thing can be a little unpredictable in Vietnam. If you are issued a single use visa that is not permanently affixed to your passport, they may only stamp the back of the visa coming in and then they will keep it when you leave since it is only single use (that happened to me on my very first business trip to Vietnam). I have been to Vietnam 17 times in the last 16 months and that's the only one I am missing. If you get a visa that is permanently affixed to your passport, they will have to stamp your passport in the traditional fashion.
toddandhienMaleVietnam2009-03-03 12:31:00
K-1 Fiance(e) Visa Process & ProceduresRFE for evidence that qualifies us for the exemption to have met within the past two years
QUOTE (dhalia @ Feb 28 2009, 09:47 AM) <{POST_SNAPBACK}>
Thanks for all the responses, I really didn't get a chance to go meet my fiancee who is in india as my parents are the ones who arranged everything as it is done in our culture. As you said it is pointless for us to meet up now right? I'm trying to get our religious leader to write us a letter to help us out because this is the customs/religion where we are fixed up by our parents who settle all details. What should he write on the letter? Is there any other information that I can send that will help our case?

I really appreciate all of your responses.

Thanks


Is it only that you did not get a chance (no time) to meet her or is it actually prohibited culturally for you to meet her prior to marrying? While it is theoretically possible to prevail as noted by others, it will be a challenge. Could you consider marrying her in India and then petitioning to bring her here as your wife? Might be a lot faster and with much less anxiety.
toddandhienMaleVietnam2009-02-28 13:56:00
K-1 Fiance(e) Visa Process & ProceduresK1 and stipulative divorce decree
QUOTE (blackhawk82 @ Mar 6 2009, 12:10 PM) <{POST_SNAPBACK}>
Thanks for your reply. So after the 6 months of starting the divorce, this would be May 2009. The plan is to submit the I-129f package in May 2009 once the divorce decree is in hand but I wanted to confirm if this stipulation divorce decree will suffice. A family law attorney advised that the stipulative divorce degree does mean that one would be legally divorced and free to marry again, so I assume it is ok to submit with the K1. The stipulations in the divorce decree would just say that there are still unsettled items though such as child support, alimony, property division. I will verify with an immigration attorney however. Thanks.


You cannot be the only person from CA to have had this circumstance. I would get advice from somebody who actually knows from experience, not just someone who "should" know. If they are wrong, it could cost you time and money. Also, could just get settled with the ex quickly and get the real decree...
toddandhienMaleVietnam2009-03-06 12:37:00
K-1 Fiance(e) Visa Process & Proceduresa silly question please help
QUOTE (r0yalflush @ Mar 7 2009, 11:14 PM) <{POST_SNAPBACK}>
someone please help


e-mail the consulate and ask them. they will respond. or call them if time is of the essence.
toddandhienMaleVietnam2009-03-08 14:28:00
K-1 Fiance(e) Visa Process & ProceduresCRBA question
QUOTE (r0yalflush @ Mar 8 2009, 10:09 PM) <{POST_SNAPBACK}>
QUOTE (toddandhien @ Mar 8 2009, 09:01 PM) <{POST_SNAPBACK}>
QUOTE (r0yalflush @ Mar 8 2009, 09:58 PM) <{POST_SNAPBACK}>
i am very confused with this one , it's one of the requirement for my child CRBA appointment

Consular Report of Birth Abroad website


on number 9.

Documentary proof of the American parent’s five years physical presence in the U.S., two of which come after the age of fourteen (Acceptable documentary proof would be: academic records, school transcripts, tax records: form 1722, form 1040 with W2 attached, Social Security Statement…): original and 1 photocopy


what do they mean by two of which come after the age of 14?


2 of the 5 years must have come after you were 14 years old


that's what i thought too, so 2 years after the age of 14, and 3 years before the age of 14??? or i can get 5 years of my physical presense in the US after the age of 14??


I believe that it is a minimum of 2 years after 14. They just don't want you to have lived in the US from birth to age 5 (for example) and then leave for 30 years and come back and claim CRBA.
toddandhienMaleVietnam2009-03-08 21:20:00
K-1 Fiance(e) Visa Process & ProceduresCRBA question
QUOTE (r0yalflush @ Mar 8 2009, 09:58 PM) <{POST_SNAPBACK}>
i am very confused with this one , it's one of the requirement for my child CRBA appointment

Consular Report of Birth Abroad website


on number 9.

Documentary proof of the American parent’s five years physical presence in the U.S., two of which come after the age of fourteen (Acceptable documentary proof would be: academic records, school transcripts, tax records: form 1722, form 1040 with W2 attached, Social Security Statement…): original and 1 photocopy


what do they mean by two of which come after the age of 14?


2 of the 5 years must have come after you were 14 years old
toddandhienMaleVietnam2009-03-08 21:01:00
K-1 Fiance(e) Visa Process & Proceduresplease verify if this is all needed for packet 3
QUOTE (r0yalflush @ Mar 8 2009, 09:45 PM) <{POST_SNAPBACK}>
QUOTE (toddandhien @ Mar 8 2009, 09:36 PM) <{POST_SNAPBACK}>
QUOTE (r0yalflush @ Mar 8 2009, 09:07 PM) <{POST_SNAPBACK}>
My fiance ewill recieve her packet 3 soon. I want to prepare all the documentations needed for this packet. Please help me add anything else that i didn't listed below. Thank you very much

1: Passport valid for at least 8 months after the visa is issued
2: Copies and original birth certificate from both of us ( I heard there's no need to translate it into English)
3: Police Certificate
4: 5 passport size photos
5: Get single certificate
5: I-134 Affdavit of Support

She was never married, convicted of any crimes or dealt with the military. So she doesn't need those stuff such as TERMINATION OF PREVIOUS MARRIAGE., court and prision record, military record, and etc.


This plus more is required for her interview. For Packet 3 she will need to return only DS-230 Part I and the ready for interview form.


so whatever on the checklist from packet 3 is for the interview? just send back DS230 part I, and the ready for interview form....what about ds-230 part 2?



Just read the instructions and do EXACTLY what they say. Only Part I is needed. Have you seen what is in packet 4? That will tell you what you need for the interview. Packet 3 is the "get your ####### together" instruction packet. They want you to collect up all the paperwork and then tell them you are ready for the interview by signing the ready form.

toddandhienMaleVietnam2009-03-08 21:24:00
K-1 Fiance(e) Visa Process & Proceduresplease verify if this is all needed for packet 3
QUOTE (r0yalflush @ Mar 8 2009, 09:07 PM) <{POST_SNAPBACK}>
My fiance ewill recieve her packet 3 soon. I want to prepare all the documentations needed for this packet. Please help me add anything else that i didn't listed below. Thank you very much

1: Passport valid for at least 8 months after the visa is issued
2: Copies and original birth certificate from both of us ( I heard there's no need to translate it into English)
3: Police Certificate
4: 5 passport size photos
5: Get single certificate
5: I-134 Affdavit of Support

She was never married, convicted of any crimes or dealt with the military. So she doesn't need those stuff such as TERMINATION OF PREVIOUS MARRIAGE., court and prision record, military record, and etc.


This plus more is required for her interview. For Packet 3 she will need to return only DS-230 Part I and the ready for interview form.
toddandhienMaleVietnam2009-03-08 20:36:00
K-1 Fiance(e) Visa Process & ProceduresMet on the Internet... worried about prejudice
OK, I just have to weigh in on this.

I do not advocate lying at the interview or on any of the forms required as part of the immigration process. The facts are the facts and one has to deal with them.

However, the vast majority of folks that have commented on this post have spouses or fiance(e)s from Canada, the UK or from Down Under. I doubt that meeting on-line is an issue for you folks, just like getting tourist visas to visit your loved one while waiting for the K1/K3 process is not a problem. This issue has to do with relationships between a USC and someone from China, SE Asia or other developing nations.

The interviews are much more difficult and the standard to be met in presenting a bona fide relationship is much higher. Relationships are scrutinized to a much higher degree. The manner in which the couple has met gets looked at very closely. Simply being in love and telling the truth will not ensure a smooth interview. Knowing that, one has to ensure that the evidence presented at the interview is thorough, complete and consistent and convincing.
toddandhienMaleVietnam2009-03-14 21:14:00
K-1 Fiance(e) Visa Process & Proceduresquestion reguarding my case at the NVC please help
I don't believe that anyone has posted that they were told by an operator that their case was sent to the embassy (consulate) and later were told that they were in AP. I spent 52 days in AP. What happens is that you may receive an automatically generated letter telling you that your case was received at NVC and will be sent to the embassy or consulate within a week. That is their normal procedure. After that letter is mailed, you may learn from an operator that you are in AP. If you were told by the staff at NVC that your case was sent to HCM, you can be sure that it was sent. They will also tell you the date that it was sent from NVC in case you want to figure out about when it should be at the consulate.
toddandhienMaleVietnam2009-03-18 21:15:00
K-1 Fiance(e) Visa Process & ProceduresGoing thru NVC
QUOTE (Jimfxdl @ Mar 19 2009, 10:32 AM) <{POST_SNAPBACK}>
Hello everyone! Our K-1 petition was approved on march 4th...and moved to NVC. I called the NVC on the 17th and spoke to someone there who told me that our petition was going thru "additional processing". Is that the same as "administrative processing"? Or...is this the normal processing procedure? I have heard of petitions being stuck in AP for days...and I'm just wondering if there is a difference between the two, or if I have anything to worry about.
Does anyone know about this?
Thanks for your time!!
Jim and Tran


Sorry to hear you are stuck at NVC. Unfortunately, many of us know about AP all too well. And not just stuck for days, but weeks. We were in for 52 days which is pretty much looking like the norm if you are stuck. Both terms mean the same thing. They can tell you when your case was received by them so you can get a feel of when you will be released.

Please join the group at the link provided by Joe & Nadya. It makes the wait a bit more bearable. smile.gif
toddandhienMaleVietnam2009-03-19 16:31:00
K-1 Fiance(e) Visa Process & Proceduresshould my fiancee update K1, Today, 08:06 AM
QUOTE (HaoVN @ Mar 19 2009, 09:32 PM) <{POST_SNAPBACK}>
Hello folks,

I'm Vietnamese and now live in HCMC.
My fiancee, who is American, helped me to apply for K1 visa in December 9, 2008.
Then he only received NOA1 Receipt.
I've heard from an expert travel agent that normally, after receiving NOA1 Receipt, we'll receive NOA2 approval 3 weeks later. Is it right? I still wonder ... whether my fiancee should update my K1 on our engagement party with his second time of visitting VN. Just b/c now we dont have any NOA2 approval.

My fiancee supposed that It's better for me to tell more detail abt our relationship timeline as engagement... on my interview day at embassy in HCMC.

Therefore, he didnt call the NOA office's phone which number is 800 375 5283 yet.

Hey, help me pls to find out the better way to get it K1.

Thanks,


Hao


Hi Hao,

Did your fiance file at the California or Vermont Service Center in the US? You or he can look at the timeline in this forum and see how long it takes to get NOA2. You probably have at least 1 more month to wait. You will never get NOA2 in 3 weeks.

Like other people have said, do not send more documents to USCIS. Keep all those papers and pictures from your dinh hon and take them with you when you go for your interview. Also, ask your fiance to please come and see you at least 1 more time. 2 visits together is usually not enough for getting K1 visa in Vietnam.

Come to this forum to ask questions. People here are happy to help you. Good luck.

toddandhienMaleVietnam2009-03-19 21:48:00
K-1 Fiance(e) Visa Process & ProceduresIncorrect information submitted to the CRIS?
QUOTE (Haole @ Mar 20 2009, 01:28 AM) <{POST_SNAPBACK}>
QUOTE (johncali9 @ Mar 19 2009, 07:03 PM) <{POST_SNAPBACK}>
Hello everyone. I'm trying to file the correct paperwork in order for my fiance to attain the I-129F. I just recvieved a response letter from the CRIS stating that I wasn't able to submit sufficient evidence stating my divorce with my previous wife. The thing is, i submitted to them an FL-820 form showing the final decree of my divorce. I presumed this was enough evidence proving my divorce with my previous wife. Is there any other forms I need to submit in order to prove I had a divorce with my previous wife? Please help me as soon as possible. I've waited over 5 months for this response from the CRIS, and I can't afford to wait another 5 months for a 2nd response. Thank you for your time.

Most people submit a copy of a certified divorce decree from the court. I did. Worked fine for me.


please note that you need a "certified copy of the divorce decree", not a "copy of a certified divorce decree". What is critical is that it has the original stamp from the clerk of the court. You cannot submit a copy of the original, only the original.
toddandhienMaleVietnam2009-03-20 08:23:00
K-1 Fiance(e) Visa Process & ProceduresQuick question
QUOTE (Badgerella @ Mar 23 2009, 05:17 PM) <{POST_SNAPBACK}>
QUOTE (Ginger cat @ Mar 23 2009, 08:53 PM) <{POST_SNAPBACK}>
ok, i have just chyecked his divorce decree..and it's her married name that apppears on that doc. and on the forms (i-129..) they ask the maiden name..

If they ask for the maiden name, then it's the maiden name. Which means the name she had, say, when she was born. Her family name. Or whatever you want to call it.


G-325A asks for maiden name. so, clearly, use the maiden name there. The I-129F just says prior spouse. For the sake of consistency, I used the same on mine. Maiden name for both.
toddandhienMaleVietnam2009-03-23 18:28:00
K-1 Fiance(e) Visa Process & Procedurescost for K1
QUOTE (Lisa and Ian @ Apr 20 2009, 09:38 AM) <{POST_SNAPBACK}>
QUOTE (Sinergy @ Apr 19 2009, 11:13 PM) <{POST_SNAPBACK}>
QUOTE (Bobby_Umit @ Apr 19 2009, 06:07 PM) <{POST_SNAPBACK}>
"if you have to ask, you can't afford it..."

(sorry - had to say it smile.gif )

Don't forget to include costs of mailing, visits, gifts, phone calls, etc...

it all adds up.

Thats not true...the op was just wondering the cost, doesnt mean they cant afford it. a bit judgmental.


If you do Skype, then phone calls are reasonably free. Also, I don't see how gifts figure into the 129-f petition.

Read the OP's post:

"We are just beginning this process, filing the I-129f in June..
wondering how much roughly we should save up for everything start to finish..."
toddandhienMaleVietnam2009-04-20 11:18:00
K-1 Fiance(e) Visa Process & Procedureserror intent letter and missing airplane tickets please help
QUOTE (r0yalflush @ Mar 2 2009, 10:49 PM) <{POST_SNAPBACK}>
QUOTE (Bobby_Umit @ Mar 2 2009, 10:47 PM) <{POST_SNAPBACK}>
QUOTE (AG83 @ Mar 2 2009, 05:10 PM) <{POST_SNAPBACK}>
QUOTE (Bobby_Umit @ Mar 2 2009, 07:35 AM) <{POST_SNAPBACK}>
Your letter of intent should be short and simple, like the example here on the site.

Just state you intend to marry within 90 days of arrival on the K-1 visa. Not how you met.

This letter you have is more for the question (18 on the 129f) of how you met. And even then, it should be fairly simple and direct. They do not care about a "romantic" meeting, they want you to describe the circumstances under which you met. (who introduced you, how you met, when you met, etc...)

I would take most of that stuff out you wrote. And like the other poster stated, she is not your wife yet, so don't refer to her as such.



is it important to write who introduced us? i only wrote when we met, which was during my trip to pakistan some years ago.



This is the wording for question 18:
Describe the circumstances under which you met. If you have not personally met each other, explain how the relationship was
established. If you met your fiancé(e) or spouse though an international marriage broker, please explain those circumstances..


So, I take that to mean, if her mom is your mom's best friend, and she introduced you to her daughter, that is the circumstance on how you met.

Everyone will have different circumstances. My own was about one paragraph, "I was introduced to Umit via her brother's wife Uncle, who works in the same company as I do. She wanted to practice english for her job. We commenced to chat with other via the internet, then in May 2008, I visited her in Istanbul, Turkey, and then Umit visted me in August 2008, and I proposed to her."


Short and sweet.


as you read the letter, you will noticed no one introduce us. I came to visit my aunt, then i saw her, she was my aunt's room mate at the time.


You have to assume that the CO will be an American. It is likely that they would conclude, based upon American societal norms, that your aunt introduced you to her roommate. How else would you know her if your aunt did not say, this is "Nham?" The COs are told that applicants must meet the test of convincing the average person. When I read your initial post, I concluded that your aunt introduced you to Nham. The family introduction is a red flag that you and she should be prepared to deal with, IMO. Just be prepared to build a solid case, because HCM is tough, as you are hearing from many sources here.
toddandhienMaleVietnam2009-03-03 13:11:00
K-1 Fiance(e) Visa Process & ProceduresQuestions on form I129-F / K1
OK, here is the deal with the passport stamps. Vietnam will issue some visas affixed (glued) to the passport like all other countries. In some cases, they will issue a visa that is a loose piece of paper. If that piece of paper is a single entry visa, they will put the entry/exit stamps on the visa and keep it on your way out. The only way to be sure that you have a record in your passport is to get a permanently affixed visa. That means do not expedite it and be sure that your passport gets sent to the embassy in San Francisco. OR, get a multi-entry visa (costs a little more) and they will not keep it as you leave because you are allowed to return on that visa. Now you will have in your possession a VN visa with stamps on the back.

To the OP: you have to know that the consulate in HCM scrutinizes relationships very closely. What might be acceptable to "get by" at other consulates or embassies simply will not cut it in HCM. If you have a girl there that you want to bring to the US, you will need to put forth a significant amount of effort, coupled with lots of planning.

Regarding the address: many people live in tiny, hard to find villages in VN. It's Vietnam! You will not be the first or last to have a girl that lives in a remote place. Mail in VN is not reliable but I will say that the consulate got Packets 3 and 4 deivered to Hien's little village 4 hours south of HCM with no difficulty. if she moves, you can notify them, but later she will need to fill out forms saying where she has lived and when. this all needs to be truthful and tie together.

Your evidence: I am not sure based on what you have described that you have enough to prove that you met her in the last 2 years. I cannot imagine that they would accept a sworn statement from another person saying that you went....also considering that this person bought your ticket. And that is another problem. You need to start buying your own tickets and building evidence that YOU have a relationship with the girl, not your sister.

As Jim said before, you are due for a trip anyway since the last one was in 2007. If you were planning to not go again and just have her fly in 6 months from now, you are being pretty optimistic. You two need more face time and more evidence. Read the posts in the regional forum going back 6-8 months to get a flavor for this consulate.
toddandhienMaleVietnam2009-04-21 08:24:00
K-1 Fiance(e) Visa Process & ProceduresLetter
Ours was 7 pages but I had a considerable number of visits during the 18 months from when we met to the interview. The CO read our timeline and asked a number of questions to Hien about it in the interview. If you want me to read it for you, I would be happy to help. Feel free to PM me. Good luck.
toddandhienMaleVietnam2009-06-30 11:51:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa- please help me
If you are planning to apply for K-1, be advised that co-sponsors are generally not accepted at HCM consulate for that kind of visa. You will need to find employment that allows you to have income above the poverty level for a household of 3. As mentioned before, you will not need this evidence of income until his interview, which will be 6-8 months after filing (ours took 9 months to get to interview).

I am unaware of any fee waiver for the filing. Good luck.
toddandhienMaleVietnam2009-07-02 17:27:00
K-1 Fiance(e) Visa Process & ProceduresNot Divorced from Ex when we met....
Here is a recent case in HCM for you: I was married when I met Hien in November. Divorce was final on July 29, we got engaged on August 8 and we sent our I-129F to USCIS on August 26. I was completely forthcoming about this in the original petition and in our timeline. I included evidence for Hien to bring to the interview about ex-wife's address and mine throughout the entire period of our relationship so they could see we were living apart. They did not ask for it.

The previous marriage was discussed at the interview. Why were we divorced, does he have kids, etc. They did not dwell on it but they asked and she was prepared to discuss it. It is a fact and you are best served dealing with it as a fact. You can't change it now, so the only thing you can do is make sure that she gives the same answers as you have in any paperwork that you have submitted to USCIS or the consulate.

I think the fact that we had a fair amount of time between meeting and my divorce (real divorces take time) made it appear legit but I was prepared for them to question it.
toddandhienMaleVietnam2009-07-06 13:10:00
K-1 Fiance(e) Visa Process & Proceduresthe power of the two bit bureaucrat...possibly the end?
QUOTE (decker @ Jul 7 2009, 03:46 PM) <{POST_SNAPBACK}>
So, happy news first. Linh has been granted a visa good.gif We had to continue the hoop dance when she went to do her part of the DNA. The consulate changed the requirement of all of us to just her and her daughter. That set me off but she talked me down. When it was returned to the consulate, she went to her new processing appointment and don't you know the VN staff chick that originated all this DNA foolishness several months ago (the back story is a real gas) was there and glaring at her the entire time. This time Linh went to an American and all was good.

So she will fly around 24 July and then we can start a whole new process! good.gif Awesome.

Good luck to you all, I can't say this has been enjoyable but it is worth it.


Congrats! kicking.gif You have been through a lot but finally persevered! Well done good.gif
toddandhienMaleVietnam2009-07-08 10:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 for only 1 month in US?
If you apply for the K-1, your "fiancee" will be asked to sign the DS-156K (look it up on-line). She will swear that she is free to marry and intends to marry you within 90 days of arriving in the US. If she signs this form just to get a "tourist" visa, that would be considered fraud. If you both returned to VN without marrying and later wanted to do the process for real, you may face some difficulties.

If she wants a tourist visa, she should apply for one. It will cost you $131 and she can have an interview in about a month. However, unless she has considerable assets (money or real estate or business), it is unlikely she will receive a tourist visa.

Please consider your next steps carefully. But, please do not tax an already overburdened system with inappropriate petitions. Thank you.
toddandhienMaleVietnam2009-07-20 14:35:00
K-1 Fiance(e) Visa Process & ProceduresProof of Having Met in Last 2 Years and an Ongoing Relationship
QUOTE (Stephen + Elisha @ Sep 20 2009, 02:58 PM) <{POST_SNAPBACK}>
Gary, you're essentially asking people to prove a negative. I think it would be very rare for a consular officer to come out and say, "The relationship evidence you provided in your I-129F package was really helpful." And unlike federal acquisitions, you can't request a post-award debrief to find out what you did right after a successful interview and visa issuance.

What is indisputable is that certain difficult consulates do refuse to look at relationship evidence people bring to the interview. What is also indisputable is that the consular officer is prohibited from re-adjudicating the approved petition. They can initiate a 221(g) process for insufficient evidence, but they cannot refuse to look at evidence that comprises part of the approved petition.

So, while there will probably never be enough evidence to satisfy you that front-loading is beneficial, the facts above will persuade reasonable people that front-loading is a good idea when facing a difficult consulate with a documented history of refusing to consider evidence brought to the interview.

Well said, Stephen.

In our case, we were going through the HCM consulate, a well-known difficult consulate from which to get visa approval. I was quite aware that in many cases, the CO did not ask to see any evidence of a couple's relationship, but issued a blue slip for more evidence.

I did two things with our case. And bear in mind that I had been with Hien for 10 months when we filed and I had been to VN many, many times so we had a lot of documentation.

1. I front-loaded our petition with absolutely everything I had. Hotel receipts, airline tix for both of us, etc. The packet was an inch thick and just about everything had both of our names on it. I also included a 3-page summary of our relationship, very similar to the now-infamous "timeline."

2. I also included known blue-slip generators in the packet Hien delivered on interview day (timeline, proof of ex-wife's address, etc).

So, did this approach get the visa? We will never know. But I do know that they only asked for our pictures and nothing else. The CO asked questions from my "front-loaded" timeline but if they had not looked at the package of information I had submitted in advance I'm not sure how they could have ascertained that we had an on-going relationship. Hien walked out of the first interview with a pink slip so that's all that matters at the end of the day.

I remain a strong supporter of providing as much information as possible as early as possible.
toddandhienMaleVietnam2009-09-20 14:18:00
K-1 Fiance(e) Visa Process & ProceduresHow long does the interview usually take?
Totally consulate/embassy dependent. And you cannot call her because phones are not allowed inside.
toddandhienMaleVietnam2009-10-05 10:30:00
K-1 Fiance(e) Visa Process & ProceduresProof of being never married???
QUOTE (JimVaPhuong @ Oct 13 2009, 09:03 AM) <{POST_SNAPBACK}>
QUOTE (baron555 @ Oct 13 2009, 05:54 AM) <{POST_SNAPBACK}>
There is no such thing as a proof of being single. I'm sure someone will sell you a certficate though.


There is in some countries. In the Philippines, for example, it's called a "Certificate of No Marriage", or CENOMAR. Odds are that if such a certificate is available in the beneficiary's country, then the US consulate in that country will require it.

Jim, the document is also available in VN upon request. Hien got one just in case from the cong an in her village but it was not requested by the consulate so we did not provide it. It certified that she was single and her status was "never married."

Edited by toddandhien, 13 October 2009 - 06:45 PM.

toddandhienMaleVietnam2009-10-13 18:44:00
K-1 Fiance(e) Visa Process & ProceduresVacation abroad?????
...and it doesn't cost any more to apply for advance parole with your AOS, so if you are considering traveling before green card issuance, apply for it. Took about 6 weeks to get it. We are traveling on it now and will report in how it goes coming back through POE SFO.
toddandhienMaleVietnam2009-12-10 06:29:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (Matt & Bing @ Apr 2 2009, 06:48 PM) <{POST_SNAPBACK}>
Just wanted to talk about how my call to the NVC went today. They received my case on the 23 of March and I got my case number on that date. I called Monday of this week and learned for the first time that my case was undergoing "additional processing".

Today I was going to be relentless in tryng to find what this "additional processing" meant and how long before my case would be sent on to the consulate. The woman I talked to either did not know anything or just was not very friendly. I didn't expect her to know specifically why my case was help up. She made it sould normal and that the process takes up to 4 weeks. That does not agree to what I have always heard here about K visas - they stop very briefly on their way to the foreign consulate. I asked if my case was being treated differently than others ... I asked why I was sent a letter saying that my case would be forwarded "within a week" to my consulate. I was very polite but persistent in asking what this delay meant.

The only answer I got was that it takes up to 4 weeks and I will be contacted when it is sent on. They always confirm my phone number and email address when I call for some reason. I find it hard to believe that they would ever call me!

I just would love to know, as I suppose everyone here would, why this delay happens and what a legitimate assessment of the wait will be. The waiting isn't the worst part ... Its not knowing how long the wait will be.

Darn it! I've got a wedding to plan!

Thanks for listening to my rant.


Welcome to our select group! We have all tried so hard to learn why we were chosen for this honor, what they are doing with our case and how long it will be in AP. Nobody there will say. But it does seem to be random, so take heart in knowing that you are in good company and that it was not some red flag that got you pulled from the pile! Pull up a stool and get comfy because you probably have another ~6 weeks.

My wedding plans got bounced out 7 weeks...but probably just as well. It is still a bit cold in Maine for someone from Vietnam smile.gif heart.gif
toddandhienMaleVietnam2009-04-02 19:35:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (uscandual @ Apr 2 2009, 09:54 AM) <{POST_SNAPBACK}>
QUOTE (luck-e and Kookie @ Apr 2 2009, 01:57 PM) <{POST_SNAPBACK}>
hey guys!! got a new date for my interview.. April 7!! woohoooo!!


That's great! Hope it goes well for you and that you get the visa quickly.

As for us, we finally got our Packet 3 and are sending it back EMS post today.
My only worry is that Thailand has a big national holiday called Songkran coming up, and the embassy will be closed for ten days Apr 10-20.
So given how long it's taking papers to get turned around in and out at the embassy, they may not even look at it to schedule our interview till end of April.
Then again, after all the delays maybe we're finally due for some QUICK processing. I'm optimistic that we can still get an interview scheduled for May, and my honey can travel in June. Can't wait can't wait can't wait...........

Good luck to all. Let's hope EVERYONE gets reunited with their partners in time for the 4th of July!!!


Happy to hear that you FINALLY got Packet 3!! good.gif We are anxiously awaiting Packet 4 and the all important interview date! Hope that we both can have May interviews and June fiancee arrivals!! smile.gif heart.gif
toddandhienMaleVietnam2009-04-02 11:50:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (sweetFM @ Apr 1 2009, 06:20 AM) <{POST_SNAPBACK}>
Guys, I just want to let you all know

our case left NVC March 30 kicking.gif kicking.gif

I am so happy. I hope everyone's case follows through and left NVC too.


Congratulations!! kicking.gif kicking.gif
toddandhienMaleVietnam2009-04-01 09:13:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (ricobernarte @ Mar 30 2009, 09:55 PM) <{POST_SNAPBACK}>
As of March 30, 2009... exactly 52 days............ yohooooooooooooooooo yohoooooooooooooooooooooo we are out of AP..... god is good.... i know someone is next to be out of AP>..... thanks for all the prayers.... it really helped us out.... 52 daysssssssssssss yohooooooooooo...

thanks guys....


kicking.gif kicking.gif CONGRATULATIONS!!! kicking.gif kicking.gif
toddandhienMaleVietnam2009-03-31 10:08:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (Matt & Bing @ Mar 30 2009, 06:44 PM) <{POST_SNAPBACK}>
OK --- I am joining those in AP. NVC got my file 3/23/09. I called today, "additional processing" taking pace. sad.gif


Sorry to hear you are stuck but welcome to the family! Good luck on a speedy release!
toddandhienMaleVietnam2009-03-30 18:15:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (uscandual @ Mar 30 2009, 12:52 PM) <{POST_SNAPBACK}>
No, still nothing from the embassy. I'm getting worried that something's fouled up again. We were cleared from NVC more than 2 weeks ago. As of today March 30, we still didn't get a Packet 3 from the embassy. My fiancee has emailed the embassy, and I'm thinking maybe I need to call NVC again to reconfirm that they in fact sent out our case. It feels like we're destined to hit a snag at EVERY stage of this process wacko.gif

I have been micromanaging the paperwork ever since we got bogged down at NVC. I e-mailed the consulate 2 days after I thought DHL delivered it to confirm receipt then e-mailed them again after Hien dropped off the forms from packet 3 at the info window to confirm they had them. After all the waiting, I do not want to find that the case was just overlooked for 2 weeks!! You might consider e-mailing them yourself since you are the USC and it is our embassy. Might get more attention?? Don't know. I am really hoping you get something soon!!

I realize I'm probably making this project much bigger than it needs to be, but I am having fun with it, so what the heck, right?

Ron, you are doing a great service to future stuck VJ'ers! And if you are having fun, all the better. I'm sure that when your fiancee arrives, the updating of the code will stop... devil.gif


toddandhienMaleVietnam2009-03-30 16:23:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (ricobernarte @ Mar 27 2009, 09:07 PM) <{POST_SNAPBACK}>
As of March 27, 2009>>> it's our 49th day at NVC .... still at AP.... hoping on Monday would be the day....


wishe us luck please.... thanks guys


We had day 49 on a friday, too. On the next monday, day 52, we got out! Hope you do the same. Good luck!!!! smile.gif
toddandhienMaleVietnam2009-03-27 21:36:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (SteveColo @ Mar 25 2009, 05:23 PM) <{POST_SNAPBACK}>
BTW ... for those who finally got out of AP HELL ... how did you find out? Did you get a letter, email, phone call, etc? Or was it by your daily phone calls to the NVC to check on your case.

When I call to check on our case, I am always told that "we will contact you when your case is forwarded ... ". Pardon my negativity, but I don't really have a lot of faith that I will get any notice or ANY kind from the NVC when they finally let us out.

Just wondering how it went for you ...
Steve


Pretty sure they will never contact you. Told me every time that they would but now 16 days after release still nothing. Call frequently. Good luck.

QUOTE (caochi @ Mar 25 2009, 12:03 AM) <{POST_SNAPBACK}>
I regconized that we may have same day of packet 3 sent. Please let us know so that we can drink beer in HCM consulate


Yes, looks like we will have interview dates very near! let's keep posted so we can meet in HCM!

QUOTE (uscandual @ Mar 25 2009, 02:54 AM) <{POST_SNAPBACK}>
All right gang...
Here it is!!


Do you fondly remember Igor's List?
Wasn't that a useful tool to have when you were still at CSC or VSC and waiting for your NOA2?

Now that you've graduated from USCIS and have your shiny NOA2 in hand, wouldn't you like to have a similar list to tell you where you are on the NVC pecking order?

Well, I now present to you.... The all-new automated "Stuck in AP @ NVC" List.

Check it out, let me know what you think. Spread the word around....

http://apnvc.nxserve.net/vj.pl

This list gets rebuilt from VJ database everytime you reload the webpage. So it's not a static compilation like the old tables I had been publishing previously. Enjoy!!


Ron, you are incredible! Sorry you got in trouble for this (I saw her post!) but your "other" family here in VJ will appreciate your efforts for a long time. Well done!! good.gif

toddandhienMaleVietnam2009-03-25 21:39:00
National Visa Center (Dept of State)STUCK @ NVC for AP
QUOTE (sweetFM @ Mar 24 2009, 11:46 AM) <{POST_SNAPBACK}>
QUOTE (Y's_habibitk @ Mar 24 2009, 04:53 AM) <{POST_SNAPBACK}>
QUOTE (sweetFM @ Mar 24 2009, 05:02 AM) <{POST_SNAPBACK}>
Hello.
I've been following this thread before we received our NOA 2 and just reading the day/weeks/month the case get stuck at NVC, it makes me anxious with the question "what if our case get stuck too at nvc?". unsure.gif
Now my worry turn to reality because we have been at nvc for more than 2 weeks now and I don't know when it gets out there crying.gif


Did you guys call and find out if you are in AP? Im sorry youre hung up there, hopefully you will be out soon rose.gif


My fiance was told they make additional processing in our case. I just hope we get out soon of this nvc black hole. tongue_ss.gif


Sorry to hear you are stuck in AP. I know that it it not a good feeling but come here often for support from others who are also stuck at NVC (or were stuck before). I found that if you plan to be stuck for 7 weeks and you get out sooner, it will be a welcome surprise smile.gif smile.gif But if you worry and wonder every day, it will make the time go very slooooowwwwly sad.gif

Good luck on a speedy release
toddandhienMaleVietnam2009-03-24 11:26:00