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Dave_Thao

K1 visa denied section 221(g)

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October 2006 my fincee's visa was denied and sent back to the states to USCIS California. (arrived 2-06-07) The consular denied her because there were only 2 letters and 1 trip to Vietnam and said our relationship was a sham. After the denial, I have made another trip to Vietnam. The consular ignored all the emails,phone records and other evidence of communication I had in my document package. I don't know what to do next or what to expect.

06-29-09 received GC in mail

4-18-11 mailed I-751 CSC

CIS Office : California Service Center

Date Filed : 2011-04-18

NOA Date Received : 2011-06-06

Date on NOA: 2011-04-22

Bio. Appt. : 2011-06-24

Had to make an Info Pass appointment because there was a delay in receiving the NOA for our I-751. Never found out the reason for the delay but they gave Thao a 1 year green card stamp in her passport and we got a the NOA 2 days later.

Approved: 2011-09-23

Notice sent: 2011-09-28

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Filed: K-3 Visa Country: Thailand
Timeline

Ouch, I hear that a lot from Vietnam. I wonder how many other countries are that way?

How can someone judge the nature of love when all the sages of all time are still just as stupefied as me. Tough call, probably a tough job too. I can imagine crushing peoples' love day after day is pretty depressing.

Sorry to hear that. Keep trying, I know you will!

2-2-07 Sent I-129F to NSC

2-6-07 NSC received USPS mail, NSC then to CSC

2-15-07 NOA1 -file received

2-16-07 check cashed

2-23-07 touched

5-4-07 NOA2 approval -email

5-13-07 sent cancellation request letter

6-7-07 we're going to retry with a K-3

8-6-07 married in Thailand (dual language, dual representation prenuptial)

8-7-07 sent K3 from Bangkok

9-10-07 I-130 NOA1, (received at CSC 8-9-07)

10-9-07 sent I-129F to CSC

11-1-07 touched I-130

requested consular processing I-130 (http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf)

9-13-07 I-129F for Spouse arrived CSC via USPS return rcpt. requested

4-1-08 NOA2 for K3 (I-134 supposed to be processed but processed I-129F instead)

7-11-08 interview Bangkok, passed.

7-16-08 POE arrival, 2 hours in Seattle Customs.

AOS I-486 sent 4-4-09

AOS NOA1 4-13-09 for all; I-485, I-131, I765

RFE 4-27-09 Thai official document in lieu of original Birth Certificate not sufficient???

Infopass appointment 5-26-09 at USCIS. Officer thought our doc was valid and doesn't know why the RFE.

7-28-09 EAD and AP sent

Social Security card 8-4-09

interview 9-10-09

10 year green card expires 9-17-19, Permanent Resident Card.

Resident since 9-10-09.

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what?? this is ridiculous.....i hate it when they play Mommy and Daddy. :( sorry this happens to you.... but all the best for the next steps.

TIMELINE :

Nov 16th, 2006 Sent I-129F to VSC - overnighted

Nov 20th, 2006 NOA1

Dec 4th, 2006 NOA2 !!!!! Dang...that was fast.. thank you GOD....

Dec 12th, 2006 E-mail from NVC : Petition forwarded to US Embassy in Jakarta, Indonesia

Dec 14th, 2006 E-mail from US Embassy in Jakarta : Packet 3

Jan 08th, 2007 Medical exam! --- Done! Dunno the result tho......... =/

Feb 06th, 2007 Sent packet 3 back to the Embassy with DHL!!!

Feb 15th, 2007 Packet 4 (By phone...)

Feb 22nd, 2007 Interview date!! - VISA APPROVED!!!!!

Apr 15th, 2007 POE : Detroit

May 04th, 2007 Barefoot wedding at Hutchinson Island, FL

May 09th, 2007 Applied for SSN

May 18th, 2007 SSN Received

June 9th, 2007 AOS + EAD paperwork sent

June 15th, 2007 NOA1 for AOS and EAD

June 18th, 2007 CHECKS CASHED (for both AOS and EAD)

July 10th, 2007 Biometrics Appt.

Aug 02nd, 2007 AOS transferred to CSC

Aug 22nd, 2007 EAD card production ordered!

Aug 29th, 2007 Greencard production ordered!!

Aug 31st, 2007 EAD card received

Sept 7th, 2007 2 Year Greencard received

June 24, 2009 I-751 sent (Priority Mail)

June 29, 2009 NOA 1

July 31, 2009 Biometrics

Oct 30, 2009 Card production ordered!!!

Nov 06, 2009 10 Year Greencard received

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Filed: Citizen (apr) Country: Brazil
Timeline

Dave,

Was her visa denied or was she given the paper for section 221(g) stating that she could be approved pending she show more proof? She had her interview then, right?

I'm sorry and I hope you're able to make this right!

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

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Dave,

Was her visa denied or was she given the paper for section 221(g) stating that she could be approved pending she show more proof? She had her interview then, right?

I'm sorry and I hope you're able to make this right!

After her first interview Oct 6 2006 the consulate requested more proof of a relationship. My fiancee submitted to consulate a timeline on how we met,when I proposed, when and where the engagement ceromony took place and emails and phone records. All that on top of the evidence in my packet 3.They ignored all that evidence and sent the paperwork back to USCIS with the recommondation it be revoked. I am wondering how I can pull this petition and start over or do I wait and see what USCIS says?

06-29-09 received GC in mail

4-18-11 mailed I-751 CSC

CIS Office : California Service Center

Date Filed : 2011-04-18

NOA Date Received : 2011-06-06

Date on NOA: 2011-04-22

Bio. Appt. : 2011-06-24

Had to make an Info Pass appointment because there was a delay in receiving the NOA for our I-751. Never found out the reason for the delay but they gave Thao a 1 year green card stamp in her passport and we got a the NOA 2 days later.

Approved: 2011-09-23

Notice sent: 2011-09-28

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Filed: AOS (apr) Country: Philippines
Timeline

that's so sad. hope you would get over it. My fiance now is decided to send snail mails after reading you post. Thanks for the info.

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Filed: Timeline

Dave_Thao,

E-mails, phone records, and all the communication in the world may be evidence of a relationship, but not necessarily evidence of a bona fide relationship.

Scam artists excel at communications.

The problem is that your fiancee is not convincing about why she wants to marry you.

Yodrak

October 2006 my fincee's visa was denied and sent back to the states to USCIS California. (arrived 2-06-07) The consular denied her because there were only 2 letters and 1 trip to Vietnam and said our relationship was a sham. After the denial, I have made another trip to Vietnam. The consular ignored all the emails,phone records and other evidence of communication I had in my document package. I don't know what to do next or what to expect.
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There is a pinned section at the top of the MENA forum dealing with how to handle a petition when it is returned to USCIS. You will find a lot fo good information from peope who have been through this process. Many have their petition reaffirmed and resent to the consulate. K1s are a little more difficult than the K3s and this is discussed there.

Good Luck

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

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The consular denied her because there were only 2 letters and 1 trip to Vietnam and said our relationship was a sham.

It is starting to seem like the COs are taking a hard look at the number of visits and length of relationship...

04/19/2006 - met for the first time

01/12/2007 - sent I-129f to Nebraska

01/22/2007 - NOA1

04/20/2007 - NOA2

07/20/2007- Interview in Moscow

09/19/2007- Married

01/25/2008- AOS package mailed

08/27/2008-Interview-approved

09/10/2008-GC received

08/21/2010-10yr green card received

love is where you find it, even if it is a half a world away

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The consular denied her because there were only 2 letters and 1 trip to Vietnam and said our relationship was a sham.

It is starting to seem like the COs are taking a hard look at the number of visits and length of relationship...

Well we are going into our interview with just one visit, and brief at that. Not Vietnam of course, but I would think that not everyone can afford to jet set across the globe repeatedly, nor can everyone who happens to love another from half way around the world drop everything and spend the time they might desire with their SO.

I had in incredibly hard time leaving, and had wanted to visit J for a very long time. Not at all sure what I would do in your position, and sincerely hoping the same fate does not await us.

I sincerely hope that you can turn this around, and either get this petition back on track or drop it and start another. Good luck to you!

B and J K-1 story

  • April 2004 met online
  • July 16, 2006 Met in person on her birthday in United Arab Emirates
  • August 4, 2006 sent certified mail I-129F packet Neb SC
  • August 9, 2006 NOA1
  • August 21, 2006 received NOA1 in mail
  • October 4, 5, 7, 13 & 17 2006 Touches! 50 day address change... Yes Judith is beautiful, quit staring at her passport photo and approve us!!! Shaming works! LOL
  • October 13, 2006 NOA2! November 2, 2006 NOA2? Huh? NVC already processed and sent us on to Abu Dhabi Consulate!
  • February 12, 2007 Abu Dhabi Interview SUCCESS!!! February 14 Visa in hand!
  • March 6, 2007 she is here!
  • MARCH 14, 2007 WE ARE MARRIED!!!
  • May 5, 2007 Sent AOS/EAD packet
  • May 11, 2007 NOA1 AOS/EAD
  • June 7, 2007 Biometrics appointment
  • June 8, 2007 first post biometrics touch, June 11, next touch...
  • August 1, 2007 AOS Interview! APPROVED!! EAD APPROVED TOO...
  • August 6, 2007 EAD card and Welcome Letter received!
  • August 13, 2007 GREEN CARD received!!! 375 days since mailing the I-129F!

    Remove Conditions:

  • May 1, 2009 first day to file
  • May 9, 2009 mailed I-751 to USCIS CS
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Filed: AOS (apr) Country: Philippines
Timeline

don't quit on what u have started already!! If the LOVE is real for each other go for it! Think of an alternative or the next step to pursue the case and the relationship! Goodluck to both of u!!!! :dance::yes::no::yes::dance:

Met online - December 2002

Met face-to-face - May 28, 2004

Engaged - June 4, 2004

I-129F mailed - June 16, 2004

Received by NSC - June 21

NOA1 date - June 28

NOA2 online - September 20

Petition received in Manila - September 30

Packet 3 Received - November 27

Medical Exam - January 5, 2005

Immunizations - January 12

Interview scheduled for January 21

Approved!!!! - January 21

Visa in hand!!!!! - January 25!

CFO Seminar- January 27

Pumpkin will return to the Philippines - February 3

Home in Denver with my Pumpkin- February 8

Received Social Security Number - February 24

Civil Marriage - February 24

Adjustment of Status App. received at CIS - April 18

Employment Authorization App. received at CIS - May 11

Passed written test - received Driving Instruction Permit - May 23

Biometrics - June 11

EAD Approved Online - July 6

Second fingerprint appointment - July 16

Catholic Church Wedding Ceremony November 26

RFE received by the CIS - January 6

AOS APPROVED! - January 21

2.png

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Thanks for all your replies. I have decided to submit an IMBRA waiver and hopefully start a new I129-F. I am in the process of finding a good lawyer who has experience with HCMC Consulate to help me through the process because Thao and I don't want to make the same mistakes over again.

Thanks and I will keep posting my progress.

06-29-09 received GC in mail

4-18-11 mailed I-751 CSC

CIS Office : California Service Center

Date Filed : 2011-04-18

NOA Date Received : 2011-06-06

Date on NOA: 2011-04-22

Bio. Appt. : 2011-06-24

Had to make an Info Pass appointment because there was a delay in receiving the NOA for our I-751. Never found out the reason for the delay but they gave Thao a 1 year green card stamp in her passport and we got a the NOA 2 days later.

Approved: 2011-09-23

Notice sent: 2011-09-28

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Filed: AOS (apr) Country: Jordan
Timeline

Dave,

I know someone who started over and ended up with two approved petitions and at the interview which was successful, they couldn't issue the visa until teh old case was closed. Make sure you follow up on this case before giving up just yet. Also, contact your senator first thing tomorrow AM before they case is physically shipped....I am just passing on what I have seen others do.

Good luck to you.

1st K-1 Journey:

June 2005 - filed

October 2005 - visa interview

March 2006 - AOS packet mailed

DIVORCED

June 2007 - Interview

2008 - 10 year approval

--------

2nd K-1 Journey:

07/28/07 - AOS paperwork mailed

07/30/07 - Received at lockbox

09/18/07 - Biometrics

10/15/07 - Transferred to CSC

01/09/08 - AOS approved w/o interivew

11/01/09 - Lift conditions

11/01/10 - interview to lift conditions/10-yr card

01/01/10 - 10 year approval

DIVORCED

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