Consulate Interview Help

[stratosmacca 0]

Hi,

I'm posting this for a friend of mine. He is engaged to a woman from Vietnam and has recently been going through the K1 Visa process. He'd filled out the I-129F petition and his fiance was scheduled to have an interview with the Consulate in Vietnam on July 19th. However, she was disapproved and received a rejection letter from the person conducting the interview.

According to him, "She was asked what my parents names were and she did not know, then they asked her my ex-wife's name and she did not know that either. The person doing the interview gave her a rejection letter."

Is there anything he can do to overturn this decision? Or would he have to file all over again?

Any advice or suggestions would be greatly appreciated. I have gone through the K1 Visa process myself with my husband who immigrated from New Zealand a few years ago, but I haven't had these sorts of problems and wasn't sure where else to ask.

Thanks!

--Leanne

[pushbrk 12,761]

Hi,

I'm posting this for a friend of mine. He is engaged to a woman from Vietnam and has recently been going through the K1 Visa process. He'd filled out the I-129F petition and his fiance was scheduled to have an interview with the Consulate in Vietnam on July 19th. However, she was disapproved and received a rejection letter from the person conducting the interview.

According to him, "She was asked what my parents names were and she did not know, then they asked her my ex-wife's name and she did not know that either. The person doing the interview gave her a rejection letter."

Is there anything he can do to overturn this decision? Or would he have to file all over again?

Any advice or suggestions would be greatly appreciated. I have gone through the K1 Visa process myself with my husband who immigrated from New Zealand a few years ago, but I haven't had these sorts of problems and wasn't sure where else to ask.

Thanks!

--Leanne

It's going to be pretty difficult to help through a third party. The first thing we need to know is the color of the letter she was given and its wording. Does the letter request additional information or is it a notice of intent to deny and return the case to the USCIS in the US? I suspect it is the latter. If so, the road is difficult.

[stratosmacca 0]

It's going to be pretty difficult to help through a third party. The first thing we need to know is the color of the letter she was given and its wording. Does the letter request additional information or is it a notice of intent to deny and return the case to the USCIS in the US? I suspect it is the latter. If so, the road is difficult.

He just faxed me a copy of the letter (which is blue). It looks like they are asking for additional information:

"The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended:

"Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case.

"Based on the information ascertained through the visa interview and through documentary materials, consular officers do not believe that there is a bona fide fiance/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that the relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.

"Please turn in all requested items with this form at window B between 1pm and 3pm Monday-Friday.

"WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(G) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED."

So I'm assuming she just has to show more evidence of the relationship and await another decision?

--Leanne

[sailorinaz 0]

I think if it was me, I would gather as much proof as possible that shows that there is a relationship and contact my congressman for help. Not sure if that is the correct answer. When my finacee had her interview I went with her. I was in the room with her and was told I was not authorized to speak or comment. However, I was asked many questions from the person conducting the interview. They first asked my finacee questions in Spanish then pretty much asked me the same questions in English. I guess they assumed I could not speak Spanish. They asked her some really insane questions to include "What is my dogs name?" Even after all the questions be answered correctly, the interviewer was not convinced that her daughters were really hers and that perhaps we were trying to sneak a child in to the USA. We had all the birth certificates and supporting paperwork but the interviewer wanted to see photos of her and the girls together with the girls growing up together. We were told that she could simply return anytime with the photos and show them to the interviewer. We sped across town and got the photo albums and returned to the embassy. The Honduras guards would not allow us access in to the embassy/refused me access to my own embassy. I had to go around to the side of the embassy and talk to a U.S. Marine on duty and get my photos to the interviewer that way. I then contacted my congressman. The next day we received a call from the embassy saying all was approved and that we needed to come back and pick up the visas, etc. We arrived and checked in and they told us to take a seat. They called everyones names but my finacees and then they closed the blinds and turned off the lights. I ran up to the customer service windows and knocked. No one came. Luckily, the ambassador of the embassy was walking by and helped me and it was all ok from there.

[pushbrk 12,761]

It's going to be pretty difficult to help through a third party. The first thing we need to know is the color of the letter she was given and its wording. Does the letter request additional information or is it a notice of intent to deny and return the case to the USCIS in the US? I suspect it is the latter. If so, the road is difficult.

He just faxed me a copy of the letter (which is blue). It looks like they are asking for additional information:

"The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended:

"Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case.

"Based on the information ascertained through the visa interview and through documentary materials, consular officers do not believe that there is a bona fide fiance/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that the relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.

"Please turn in all requested items with this form at window B between 1pm and 3pm Monday-Friday.

"WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(G) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED."

So I'm assuming she just has to show more evidence of the relationship and await another decision?

--Leanne

That is so much better. Now, your friend needs to get as much evidence of bona fide ongoing relationship together as possible and get it turned in. It is unfortunate the fiance was so unprepared to answer questions about his family. Since the petitioner isn't available to answer, we don't know what kind of evidence they might have available to turn in. Unfortunately, the Consular Officer didn't ask for anything specific.

Things like evidence of more than one visit, emails, chat logs, phone bills, letters, and cards spread over the length of the relationship are what most people would have available. I would also advise the USC to write a page or two describing the evolution of the relationship, sign it in front of a Notary and send that too. A fax copy would probably do. They should be certain they take this very seriously and give it their best possible effort because the next step is the white slip of death.

If he is there with her now, then copies of the passport pages that prove that, would help immensely.

Edited July 24, 2007 by pushbrk

[stratosmacca 0]

That is so much better. Now, your friend needs to get as much evidence of bona fide ongoing relationship together as possible and get it turned in. It is unfortunate the fiance was so unprepared to answer questions about his family. Since the petitioner isn't available to answer, we don't know what kind of evidence they might have available to turn in. Unfortunately, the Consular Officer didn't ask for anything specific.

Things like evidence of more than one visit, emails, chat logs, phone bills, letters, and cards spread over the length of the relationship are what most people would have available. I would also advise the USC to write a page or two describing the evolution of the relationship, sign it in front of a Notary and send that too. A fax copy would probably do. They should be certain they take this very seriously and give it their best possible effort because the next step is the white slip of death.

If he is there with her now, then copies of the passport pages that prove that, would help immensely.

Thank you for the responses, pushbrk and sailorinaz!

I will definitely pass along the information. It does seem as though they were just unprepared for the interview.

Right now my friend is in the States and his fiance is in Vietnam. He has only been to visit her once in Vietnam. Do you think it might pose a problem that this is the only time they have seen each other in person?

Thanks again!

--Leanne

[BabyBlueSusie 1]

That is so much better. Now, your friend needs to get as much evidence of bona fide ongoing relationship together as possible and get it turned in. It is unfortunate the fiance was so unprepared to answer questions about his family. Since the petitioner isn't available to answer, we don't know what kind of evidence they might have available to turn in. Unfortunately, the Consular Officer didn't ask for anything specific.

Things like evidence of more than one visit, emails, chat logs, phone bills, letters, and cards spread over the length of the relationship are what most people would have available. I would also advise the USC to write a page or two describing the evolution of the relationship, sign it in front of a Notary and send that too. A fax copy would probably do. They should be certain they take this very seriously and give it their best possible effort because the next step is the white slip of death.

If he is there with her now, then copies of the passport pages that prove that, would help immensely.

Thank you for the responses, pushbrk and sailorinaz!

I will definitely pass along the information. It does seem as though they were just unprepared for the interview.

Right now my friend is in the States and his fiance is in Vietnam. He has only been to visit her once in Vietnam. Do you think it might pose a problem that this is the only time they have seen each other in person?

Thanks again!

--Leanne

i dont think that should matter, as long as they have met in the past 2 years

[pushbrk 12,761]

That is so much better. Now, your friend needs to get as much evidence of bona fide ongoing relationship together as possible and get it turned in. It is unfortunate the fiance was so unprepared to answer questions about his family. Since the petitioner isn't available to answer, we don't know what kind of evidence they might have available to turn in. Unfortunately, the Consular Officer didn't ask for anything specific.

Things like evidence of more than one visit, emails, chat logs, phone bills, letters, and cards spread over the length of the relationship are what most people would have available. I would also advise the USC to write a page or two describing the evolution of the relationship, sign it in front of a Notary and send that too. A fax copy would probably do. They should be certain they take this very seriously and give it their best possible effort because the next step is the white slip of death.

If he is there with her now, then copies of the passport pages that prove that, would help immensely.

Thank you for the responses, pushbrk and sailorinaz!

I will definitely pass along the information. It does seem as though they were just unprepared for the interview.

Right now my friend is in the States and his fiance is in Vietnam. He has only been to visit her once in Vietnam. Do you think it might pose a problem that this is the only time they have seen each other in person?

Thanks again!

--Leanne

i dont think that should matter, as long as they have met in the past 2 years

It doesn't matter for USCIS petition approval but at interview they must convince a Consular officer they have a bona fide ongoing relationship. They failed to do that with her there in person and now must do so with paper. An extra visit would go a long way toward accomplishing what they need. If it can't be done, it can't be done but it raises the bar on all the other evidence.

[stratosmacca 0]

Thanks again! I've passed along all the information and suggestions. Hope things turn out better for them this time!

--Leanne