I think I have a legal case here

[I Hate USCIS 0]

Hi folks,

Long time since I've been online, but just wanted to chime in and update you all. After my case was lost for over one year by the US yankee Consulate circus in HCM City, Vietnam, my fiance finally made it through "administrative processing" and secured her second interview for her fiance visa. (first one denied; insuf. evidence) The internvew went good and she was given the impression that all evidence conslusively pursuaded the officer to grant her the visa, but they were unable to since she was waiting on her physical exam results. She was given the OF-194 stating she needed to produce the physical exam results from the Cho Ray hospital, then she would get her visa (evidently).

So, she procures her physical results and is prepared to submit them to the US Consulate so that they can stamp the visa in her passport. However, before she can even get free from work to drop the results off at the window, she gets a SECOND OF-194 saying that this case has been reviewed AGAIN by the consulate, while still awaiting the beneficiary's exam results. This time the OF-194 outright accused us of a fraudelent relationship. 4 - 5 b.s. reasons were given, followed by an explanation that the case has been closed in thier office and sent to CIS for final decision.

My question is, can they legally do that to a beneficiary? I've never heard of it. I understand that they review the case during the interview, make the decision then, and that's it. The whole thing strikes me as a sneaky manuever that should not be legal in a deveoped country with strong institutions like the United States. I'd appreciate any advice, ideas, etc., and please don't take my joking too seriously

D-man

[Dave&Roza 748]

Hi folks,

Long time since I've been online, but just wanted to chime in and update you all. After my case was lost for over one year by the US yankee Consulate circus in HCM City, Vietnam, my fiance finally made it through "administrative processing" and secured her second interview for her fiance visa. (first one denied; insuf. evidence) The internvew went good and she was given the impression that all evidence conslusively pursuaded the officer to grant her the visa, but they were unable to since she was waiting on her physical exam results. She was given the OF-194 stating she needed to produce the physical exam results from the Cho Ray hospital, then she would get her visa (evidently).

So, she procures her physical results and is prepared to submit them to the US Consulate so that they can stamp the visa in her passport. However, before she can even get free from work to drop the results off at the window, she gets a SECOND OF-194 saying that this case has been reviewed AGAIN by the consulate, while still awaiting the beneficiary's exam results. This time the OF-194 outright accused us of a fraudelent relationship. 4 - 5 b.s. reasons were given, followed by an explanation that the case has been closed in thier office and sent to CIS for final decision.

My question is, can they legally do that to a beneficiary? I've never heard of it. I understand that they review the case during the interview, make the decision then, and that's it. The whole thing strikes me as a sneaky manuever that should not be legal in a deveoped country with strong institutions like the United States. I'd appreciate any advice, ideas, etc., and please don't take my joking too seriously

D-man

Unfortunately, yes they can do that. The CO has a lot of leeway in these matters. About the only thing you can do is see what one of your congresscritters can do to help determine why the visa was denied before it leaves Vietnam. Otherwise you can wait for the USCIS to recieve the denial and inform you what your options are. It is unfortunate that the US plays this game the way they do, but it is what it is and if you want to play by the rules you are subjected to this treatment. I know my brother told me I should get my then finacee to Mexico as it is much easier for someone to get into the US from there . I hope it all works out for you. If you really feel strongly about this then send a strongly worded letter to the guy in charge of the Executive Branch, he is not out campaigning for re-election yet.

Good Luck,

Dave

[Sayha or bust. 71]

Hi folks,

Long time since I've been online, but just wanted to chime in and update you all. After my case was lost for over one year by the US yankee Consulate circus in HCM City, Vietnam, my fiance finally made it through "administrative processing" and secured her second interview for her fiance visa. (first one denied; insuf. evidence) The internvew went good and she was given the impression that all evidence conslusively pursuaded the officer to grant her the visa, but they were unable to since she was waiting on her physical exam results. She was given the OF-194 stating she needed to produce the physical exam results from the Cho Ray hospital, then she would get her visa (evidently).

So, she procures her physical results and is prepared to submit them to the US Consulate so that they can stamp the visa in her passport. However, before she can even get free from work to drop the results off at the window, she gets a SECOND OF-194 saying that this case has been reviewed AGAIN by the consulate, while still awaiting the beneficiary's exam results. This time the OF-194 outright accused us of a fraudelent relationship. 4 - 5 b.s. reasons were given, followed by an explanation that the case has been closed in thier office and sent to CIS for final decision.

My question is, can they legally do that to a beneficiary? I've never heard of it. I understand that they review the case during the interview, make the decision then, and that's it. The whole thing strikes me as a sneaky manuever that should not be legal in a deveoped country with strong institutions like the United States. I'd appreciate any advice, ideas, etc., and please don't take my joking too seriously

D-man

Why don't you talk to Marc Ellis, he's a very good immigration attorney based out of Vietnam. He can answers these questions and help you with your process.

[Gary and Alla 3,694]

Yes they can do that. The only thing they cannot do is violate the law in the process. You have not said anything that indicates they violated the law. Consulates have very large latitude under the law and it is their primary responsibility to be sure the applications for K-1s and CR-1s are not based on immigration benefits.

Even after you get the visa and leave the country, you have to adjust status when here and can be denied at THAT time if they feel the case is not legitimate OR at the time of removing conditions OR at the time you apply for citizenship. Until citizenship is granted and she takes the oath they can revoke the process and her benefits if they feel it was for immigration benefts and not a legitimate marriage.

[JimVaPhuong 4,863]

My question is, can they legally do that to a beneficiary? I've never heard of it. I understand that they review the case during the interview, make the decision then, and that's it. The whole thing strikes me as a sneaky manuever that should not be legal in a deveoped country with strong institutions like the United States. I'd appreciate any advice, ideas, etc., and please don't take my joking too seriously

D-man

Yes, that's standard procedure when they deny a K1 or spousal visa. They'd go further if they had the authority to. For example, if they could revoke the approval of the petition then they'd do it. Fortunately for you, the consulate doesn't have the authority to revoke the approval of the petition. Only USCIS has that authority. Unfortunately for you, that's exactly what the consular officer has recommended that USCIS do.

Since your petition was originally approved at the VSC then that's where it will eventually be returned to. VSC usually readjudicates returned petitions. If they agree with the CO's accusations then they'll be sending you a NOID. If they disagree then they'll reaffirm the petition approval and it will be sent back to the consulate for another interview.

If you get a NOID then you must respond with all the evidence you've got. The CO has essentially accused your fiancee of fraud. If they revoke the approval of the petition then that accusation will become a fact. Your fiancee will become inadmissible for visa fraud, and you'll need an I-601 waiver approved before she'll ever get a visa.

I agree with S.o.B. You should consult with Marc Ellis. I doubt there's another immigration lawyer in the world who has been down this path with the consulate in HCMC as many times as Marc. He spends a good portion of his time in Saigon.

http://www.marcellislaw.com/contact.html

[I Hate USCIS 0]

Yes, that's standard procedure when they deny a K1 or spousal visa. They'd go further if they had the authority to. For example, if they could revoke the approval of the petition then they'd do it. Fortunately for you, the consulate doesn't have the authority to revoke the approval of the petition. Only USCIS has that authority. Unfortunately for you, that's exactly what the consular officer has recommended that USCIS do.

Since your petition was originally approved at the VSC then that's where it will eventually be returned to. VSC usually readjudicates returned petitions. If they agree with the CO's accusations then they'll be sending you a NOID. If they disagree then they'll reaffirm the petition approval and it will be sent back to the consulate for another interview.

If you get a NOID then you must respond with all the evidence you've got. The CO has essentially accused your fiancee of fraud. If they revoke the approval of the petition then that accusation will become a fact. Your fiancee will become inadmissible for visa fraud, and you'll need an I-601 waiver approved before she'll ever get a visa.

I agree with S.o.B. You should consult with Marc Ellis. I doubt there's another immigration lawyer in the world who has been down this path with the consulate in HCMC as many times as Marc. He spends a good portion of his time in Saigon.

http://www.marcellislaw.com/contact.html

Thanks all for your comments and advice, what a crazily complicated process I've gotten myself into. The US Consulate says they have revoked the case, and in turn "sent it back" to the CIS processing ctr. in Vermont. But I've called the Vermont Processing Ctr. a myriad of times in the last month and a half; each time, they give me the same sweet talk, "We haven't gotten the case back from the Consulate in HCM City yet, and don't know how long it will take, further more we can't even tell you how long it takes on average to receive a revoked case from Vietnam," or something to that effect.

Anyone have any idea how long it should take for the CIS to get the case back from Vietnam? I would think in 2012 they just press the send button on their super secure encrypted computers (but then again maybe there's the backlog issue?)

I've considered getting a lawyer involved and appreciate the referrel to Mr. Ellis. My Congressman's involvement over the last 2 years on this case has amounted to precisely D**K.

D-Man