Case send back

[philliptham 0]

wew, after 8 months waiting for decision from US consulate in HCM, this is what I got in my email today:

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.

Sincerely,

Information Team

Consular Section

U.S. Consulate General HCMC

I'm working with Mr Marc Ellis, is there any one in this forum success after case rejected and send back? I will update if anything new to my case , rught now we both very sad like a funeral.... :-(

[CoolHand2x2y2z 0]

I got the same thing, Phillip!

I asked (e-mailed) for an appointment, no dice. And that's the e-mail they sent me. I'm going to see them next week; I'll use those two short hours they have available. I'll let you know how it goes. Hopefully, they aren't quick about anything there and have not sent the files back to the US...

If they talk to me, I know I get this thing turned around. But if they are jerks about it, well, I guess "closed" is closed.

[bryonm4 0]

wew, after 8 months waiting for decision from US consulate in HCM, this is what I got in my email today:

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.

Sincerely,

Information Team

Consular Section

U.S. Consulate General HCMC

I'm working with Mr Marc Ellis, is there any one in this forum success after case rejected and send back? I will update if anything new to my case , rught now we both very sad like a funeral.... :-(

Sorry to hear that

What reason did they give you for the denial? Were you working with ME from the begining or after you filed? I was advised that K1 and K3 are very hard to get now that a CR1 has the best chance. Don't worry it is a setback but I think you will prevail.

[philliptham 0]

I just receive email from consulate, it did not say the reason. I have to wait till my fiance receive actual letter from them, then I will post.

[philliptham 0]

My fiance received the white page, There are 3 things they said in that paper:

1- Beneficiary is unaware of basic facts of Petitioner's living arrangements and who petitioner resides with. Beneficiary claimed petitioner lived alone in his current residence. However, public records indicate otherwise.

2- Beneficiary's account of how Petitioner and Beneficiary were introduced is not credible. Beneficiary claims beneficiary's sister in the US introduced Petitioner to Beneficiary. However, beneficiary does not know how petitioner and beneficiary's sister first met.

3- Submitted evidence of correspondence is not credible. Petitioner submitted phone records from Petitioner’s two supposed cell phone numbers as evidence of correspondence for the claimed relationship. While the cell phone number used by Petitioner from before Sept 2007 traces to petitioner, the cell phone number claimed to have been used by Petitioner from after Sept 2007 does not trace to Petitioner.

3 reasons that US consulate use to denied visa was wrong. I can proof that they totally wrong.

1- Beneficiary is unaware of basic facts of Petitioner's living arrangements and who petitioner resides with. Beneficiary claimed petitioner lived alone in his current residence. However, public records indicate otherwise.

On the date of the interview, the CO asked my fiancé: “Who’s your fiancé living with?” My fiancé answered that: “he lived alone"

It is truth that by the time of interviewed, I lived by myself. 7 months ago - before the interview- my cousin and her husband stayed couple months temporary when my cousin first came to Minnesota, after that they found apartment and moved out, They was moved out about 3 months before the interview date . They are now have a baby 1 year old, is there any help if I can provided proof that people who temporary resided at my house now lived at other location and have baby? Or I can have them write a letter said that they did live there temporary only, they can also photocopy their ID at their own address if need.

2- Beneficiary's account of how Petitioner and Beneficiary were introduced is not credible. Beneficiary claims beneficiary's sister in the US introduced Petitioner to Beneficiary. However, beneficiary does not know how petitioner and beneficiary's sister first met.

My fiancé said, the interpreter for interview translated the question like this: " when did the date and time your fiancé met your sister?” 9 years ago, I knew her sister just social only, and we became friend 3 years later, there was no love story, how we remember date and time like couple who is in love? This is very silly, my fiancé cannot make up date and time and also there was no way to know when is date and time me and her sister first met. If my fiancé could not get the visa because this reason, it’s really ridiculer reason!!!! Its not make sense at all!!!

3- Submitted evidence of correspondence is not credible. Petitioner submitted phone records from Petitioner’s two supposed cell phone numbers as evidence of correspondence for the claimed relationship. While the cell phone number used by Petitioner from before Sept 2007 traces to petitioner, the cell phone number claimed to have been used by Petitioner from after Sept 2007 does not trace to Petitioner.

I have proof that I'm the one who own that cell phone number, I do have bill from AT&T shown that phone number and address, I will provide copy of my phone bill if need and the consulate can call AT&T and verify the phone number and account holder. I dont know how they can say this, and who is the one did the back ground check ? I think they make up just to denided .

Im working with Mr Marc Ellis now, he was my lawyer before interview , any thing new , I will update.

[bryonm4 0]

My fiance received the white page, There are 3 things they said in that paper:

1- Beneficiary is unaware of basic facts of Petitioner's living arrangements and who petitioner resides with. Beneficiary claimed petitioner lived alone in his current residence. However, public records indicate otherwise.

2- Beneficiary's account of how Petitioner and Beneficiary were introduced is not credible. Beneficiary claims beneficiary's sister in the US introduced Petitioner to Beneficiary. However, beneficiary does not know how petitioner and beneficiary's sister first met.

3- Submitted evidence of correspondence is not credible. Petitioner submitted phone records from Petitioner’s two supposed cell phone numbers as evidence of correspondence for the claimed relationship. While the cell phone number used by Petitioner from before Sept 2007 traces to petitioner, the cell phone number claimed to have been used by Petitioner from after Sept 2007 does not trace to Petitioner.

3 reasons that US consulate use to denied visa was wrong. I can proof that they totally wrong.

1- Beneficiary is unaware of basic facts of Petitioner's living arrangements and who petitioner resides with. Beneficiary claimed petitioner lived alone in his current residence. However, public records indicate otherwise.

On the date of the interview, the CO asked my fiancé: “Who’s your fiancé living with?” My fiancé answered that: “he lived alone"

It is truth that by the time of interviewed, I lived by myself. 7 months ago - before the interview- my cousin and her husband stayed couple months temporary when my cousin first came to Minnesota, after that they found apartment and moved out, They was moved out about 3 months before the interview date . They are now have a baby 1 year old, is there any help if I can provided proof that people who temporary resided at my house now lived at other location and have baby? Or I can have them write a letter said that they did live there temporary only, they can also photocopy their ID at their own address if need.

2- Beneficiary's account of how Petitioner and Beneficiary were introduced is not credible. Beneficiary claims beneficiary's sister in the US introduced Petitioner to Beneficiary. However, beneficiary does not know how petitioner and beneficiary's sister first met.

My fiancé said, the interpreter for interview translated the question like this: " when did the date and time your fiancé met your sister?” 9 years ago, I knew her sister just social only, and we became friend 3 years later, there was no love story, how we remember date and time like couple who is in love? This is very silly, my fiancé cannot make up date and time and also there was no way to know when is date and time me and her sister first met. If my fiancé could not get the visa because this reason, it’s really ridiculer reason!!!! Its not make sense at all!!!

3- Submitted evidence of correspondence is not credible. Petitioner submitted phone records from Petitioner’s two supposed cell phone numbers as evidence of correspondence for the claimed relationship. While the cell phone number used by Petitioner from before Sept 2007 traces to petitioner, the cell phone number claimed to have been used by Petitioner from after Sept 2007 does not trace to Petitioner.

I have proof that I'm the one who own that cell phone number, I do have bill from AT&T shown that phone number and address, I will provide copy of my phone bill if need and the consulate can call AT&T and verify the phone number and account holder. I dont know how they can say this, and who is the one did the back ground check ? I think they make up just to denided .

Im working with Mr Marc Ellis now, he was my lawyer before interview , any thing new , I will update.

Marc Ellis should be able to get this reversed it sounds like you have a strong case for the visa.

[chuckandkim 0]

Q1: Easily explain.

Q3: confusing, just show the bills/phone records, in an order that easy for them to sort it out. Yes, they can dig up information on you, they are the FREAKING US Government and the VN government has little to nothing interest in protecting your fiance's privacy since VN doesn't really have that privacy/personal concept, it's a commie/police state after all... So they can give up your vital information just as easy as it collect it. Your answers look OK!

Q2: I'm gonna try to think like a C.O. on this one (please don't hate just want to give you some crazy thinking they could have had during the process of reviewing your case) Key here is: Think like a CO when it comes to preparing for an interview...

"I think you and her sister could be something more than just socially acquaintances, know each other 9 years and never mentions to you she has a hot sister that potentially could be introduced to you as a wife?

Who asks if you two were lovers therefore you shouldn't be expected to remember the date/time you two first met?

I have much doubt about your relationship and the beni's sister, I'm not feeling all good about this...

Beni didn't answer the questions in a way that convinced me She knows you well!

Beni could have said "8 or 9 years ago, then became friends in the past 3 years, then my sister introduce him to me", give me something in chronological order would be helpful!

So I just gonna deny it and let them sort it out, rather risk granting a Visa then later find out something else!

Oh well, I need to move on to the next case or else my case-load will be overloaded. DENIED!"

One thing you did right: contacted M.E. So just hang in there brother.... It's just a "flat-tire" on this part of the "journey", you'll get new tire, change it, and keep on going to your destination (the Visa). Don't lose your focus!

Cheers,

Chuck and Kim

[johncali9 6]

Hello friend

sorry to hear that ,any way

Yes Not to worry too much. pananoid, and anxious, worry, can't sleep careful and know the answers easy because it is about you and your loved one. If you read past experieince here with lawyers or some friend on VJ you will find great THING. Just make sure you look at the times that they want you to tell the true and pay close attention to all the details and paper work they will ask you again You will be just fine and do not sad on something come here and aks VJ will find great support on this site.please ask some guy like

payxibka ,Bobby_Umit, Karin GALI

Good luck

[caochi 0]

wew, after 8 months waiting for decision from US consulate in HCM, this is what I got in my email today:

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.

Sincerely,

Information Team

Consular Section

U.S. Consulate General HCMC

I'm working with Mr Marc Ellis, is there any one in this forum success after case rejected and send back? I will update if anything new to my case , rught now we both very sad like a funeral.... :-(

Sorry to hear that. It's time for you to regroup and healed. Wish that things will come to you easier.

[philliptham 0]

Q1: Easily explain.

Q3: confusing, just show the bills/phone records, in an order that easy for them to sort it out. Yes, they can dig up information on you, they are the FREAKING US Government and the VN government has little to nothing interest in protecting your fiance's privacy since VN doesn't really have that privacy/personal concept, it's a commie/police state after all... So they can give up your vital information just as easy as it collect it. Your answers look OK!

Q2: I'm gonna try to think like a C.O. on this one (please don't hate just want to give you some crazy thinking they could have had during the process of reviewing your case) Key here is: Think like a CO when it comes to preparing for an interview...

"I think you and her sister could be something more than just socially acquaintances, know each other 9 years and never mentions to you she has a hot sister that potentially could be introduced to you as a wife?

Who asks if you two were lovers therefore you shouldn't be expected to remember the date/time you two first met?

I have much doubt about your relationship and the beni's sister, I'm not feeling all good about this...

Beni didn't answer the questions in a way that convinced me She knows you well!

Beni could have said "8 or 9 years ago, then became friends in the past 3 years, then my sister introduce him to me", give me something in chronological order would be helpful!

So I just gonna deny it and let them sort it out, rather risk granting a Visa then later find out something else!

Oh well, I need to move on to the next case or else my case-load will be overloaded. DENIED!"

For this thought, I can say this:

The question from CO is , they want to know DATE and TIME . When my fiance she really dont know what date and timem may be 9 years, they do not accept that answer.

1- Year 2000 - I was married at the time I know my fiance 's sister, 2003 then my wife divorced and moved to Texas, and I divorced 2 years before I introduced to my fiance in 2005.

2- Her sister is dating an American, and her sister is have a baby boy with that American.

So if the CO think like your way, is this wrong or right?

Edited April 11, 2009 by philliptham

[chuckandkim 0]

The answer is now obvious, but did your fiance make it clear or you clearly explained it somehow in your case file? If you didn't, then we need to work on that.

[CoolHand2x2y2z 0]

Yeah, I was there...

1) "Closed" is closed. An American talked to me but I got nowhere at the consulate. They would not even give me the chance to talk to them about the case. It's being sent back to the US and that is that. I can file a petition against the findings and then get another crack at it, if they approve my petition -meaning my wife would get another interview later on.

2) I finally got to read the Blue rejection form from my wife (I was in transit and didn't see it till I got over there). It was a lot of bs claims, such as not knowing what I did for a living, etc. My wife answered everything correctly. We had a ton of pictures from our travels, etc., with date stamps on the photos and they claim that the photos only showed a few days together.

3) That interview setup is impossible. You've got a thick glass window with the only opening at the bottom, about three inches. You can't hear anything, unless you bend down and speak through that crack at the bottom. Add in an interpreter and there you have it: an unfair process. When I got there, I had to crouch down to carry on a conversation with the consulate representative -just lovely.

Q: Should I argue against the claims in the case when the USCIS sends the rejection notice to me, after the case gets back to their office? Has anybody had any success with this effort, or should I just let it go and start a new application?

---Golly, they really make some of us suffer, don't they?

Good luck with your case, Phillip. All my best.

[chuckandkim 0]

Ok, it's time to call for the big guns!

Lawyer-up! Call your congressman's office. (Best, contact M.E. if you need one who knows what he's doing in HCMC)

Philips, I'm very sorry to hear your story. Don't know what else to say but wishing you strength, endurance and a clear mind to fight this through. Stay focus!

Chuck and Kim

[Kevin and 10]

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.

[Dave_Thao 0]

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.