My K1 Visa rejected - will return back to u.s.

[pushbrk 12,898]

Hello all,

Hope you're doing fine....

I know I created the mess and I should not lie in the first place. In my u.s. passport shows the date stamped in Dec 2004, Dec 2006 and recent trip Dec 2007. Who is the good lawyer that I can trust? Can you point me one? Any guarenteed of the outcome?

Thanks for your honest opions.

Marc Ellis is the best known in the immigration community for dealing with Notices of Intent to Deny and does practice in Vietnam.

http://www.marcellislaw.com/

There is no such thing as a guaranteed outcome in these matters.

[K1 Sponsor 0]

Ladies/gents,

F-129 petition --

Question 18.

Has your fiancee met and seen you within the two-yr period immediately receding the filing of this petion?

My answer: Yes.

Describe the cuircumstandes under which you met.

I simply put:

Ms. Smith is a close friend of my niece. I was introduced to her during my visit to Vietnam 2 yrs ago.

What I meant is that I was introduced to her 2 yrs ago (2004) but I still have a girl-friend here in the u.s. at the time. I didn't really falling in love or have any commited relationship with her until the second trip in Dec 2006. Starting December 2006 is the time that I was falling in love and petitioned her in March of 2007. That is why I only have evidence of supporting the on-going relationship since December 2006. When consulate officer asked for evidence since 2004. I was stumble and have none whatsoever. Is there a way that I can still convince the consulate officer to re-consider my case? If I need to fly back to Vietnam again to meet with the consulate officer. I am willing to do so. Please advice. Thank you much!

[K1 Sponsor 0]

Thanks Pushbrk.

[mox 298]

Ladies/gents,

F-129 petition --

Question 18.

Has your fiancee met and seen you within the two-yr period immediately receding the filing of this petion?

My answer: Yes.

Describe the cuircumstandes under which you met.

I simply put:

Ms. Smith is a close friend of my niece. I was introduced to her during my visit to Vietnam 2 yrs ago.

What I meant is that I was introduced to her 2 yrs ago (2004) but I still have a girl-friend here in the u.s. at the time. I didn't really falling in love or have any commited relationship with her until the second trip in Dec 2006. Starting December 2006 is the time that I was falling in love and petitioned her in March of 2007. That is why I only have evidence of supporting the on-going relationship since December 2006. When consulate officer asked for evidence since 2004. I was stumble and have none whatsoever. Is there a way that I can still convince the consulate officer to re-consider my case? If I need to fly back to Vietnam again to meet with the consulate officer. I am willing to do so. Please advice. Thank you much!

Honestly I'm starting to think that you're a lost cause.

The only way that you personally are going to "convince the consulate officer to re-consider [your] case" is to provide the evidence they are asking for. But you can't provide that evidence because your meeting in 2004 never happened.

So your question really boils down to "is there any way I can convince the consulate to believe my lie?"

Call that attorney. You need someone else to do the thinking for you. You clearly are not up to the task.

[K1 Sponsor 0]

Honestly I'm starting to think that you're a lost cause.

The only way that you personally are going to "convince the consulate officer to re-consider [your] case" is to provide the evidence they are asking for. But you can't provide that evidence because your meeting in 2004 never happened.

So your question really boils down to "is there any way I can convince the consulate to believe my lie?"

Call that attorney. You need someone else to do the thinking for you. You clearly are not up to the task.

Meeting her for the first time in 2004 wasn't mean that I was falling in love with her. I broke up with my gf here then I went back in 2006 to fall in love and petitioned her in March 2007. I didn't explain this in detail of question #18.

[mox 298]

Meeting her for the first time in 2004 wasn't mean that I was falling in love with her. I broke up with my gf here then I went back in 2006 to fall in love and petitioned her in March 2007. I didn't explain this in detail of question #18.

In your original post, you said:

I was introduced to my fiancee in Vietnam in 2006 but I lied in my petition that I met her in 2004.

Are you now saying that you *did* meet her in 2004?

[Minya's wife 25]

Is there a way that I can still convince the consulate officer to re-consider my case? If I need to fly back to Vietnam again to meet with the consulate officer. I am willing to do so. Please advice. Thank you much!

Unfortunately you are not given that chance, to convince the consulate at this time. They have already made up their minds, and have issued a Notice of Intent to Deny. If they were maybe just questioning, they maybe would have given you a chance by asking for further proof of your relationship....then you would have had a chance to explain things.

Your NOID letter further details, that not only do they question the 2 year gap (2004-2006) but that you offer little proof of the ongoing relationship you stated you had, from December 2006 to Time of Interview. Your letter states:

The met and became engaed in December 2006, during Petioner's first and only trip. There is no evidence on record Petioner has returned to visit Beneficiary. No evidece of communication prior to the engagement, covering a two-yr period, was submitted. Evidence of comm. after the engagement consists of a few chat transcripts from 2007. Photographs submitted do not indicate they spent more than one or two days in each other's presence.

You basically did not have enough evidence even to convince the consulate that you were a couple from Dec. 06 onwards. Let me give you an example....when my, then, fiance went to his visa interview....he had 6 months worth of cell phone bills (showing every day calls back and forth), six months worth of calling card "call history", about 50 pages of chat transcripts, 12-20 pages of transcripts showing text messages sent to cell phone from Skype, about 75 photos and a couple of postcards.....and the consulate still wanted more. So the burden of proof on the visa beneficiary, to have lots of "evidence of ongoing relationship" is quite high.

As if it hasn't been said enough times on this thread....call a lawyer, have a consultation ASAP, don't be stingy with the money. You seem to be having trouble understanding that just because you love her and just because you're a US citizen, it does not guarantee your fiancee a visa. Immigration is a privilege...and its time you start taking that seriously.

-P

[bakofoil 27]

Gosh, it really is getting silly now. You need to get your story straight and be able to produce evidence to back up your claims. Present all this info and your NOID to an immigration attorney and go from there. A visit to the embassy in Vietnam and harassing the CO who denied your petition will not help you whatsoever.

The petition has been returned to USCIS, the onus is on you to provide evidence supporting your application. Do not waste this opportunity. Get help from an attorney because a mistake this time around will cost you far more than you seem to realise.

eta: sorry Paula, you beat me to it. Well said.

Edited February 14, 2008 by babblesgirl

[K1 Sponsor 0]

Thank you all for your replies... I really appreciate it. Lawyer will be the next step.

I am trying to get my Senator involve to see if anything they can do first. If not, lawyers are there for ppl like me. I know they want tons of evidence I can never submit enough to the CO. Actually, Vietnam is a corrupted country and many ppl are faking the relationship that affect me as a real one. If I were to petition a fiancee from Frence or other European countries, I don't think I have to go thru. this trouble. Another stupid reason is that I should NOT engage with anyone from far away Vietnam even though I am a Vietnamese. Oh well, I am totally stuck with this mess that I created.

What is the appx cost to consult a lawyer with my current case? Anyone can give me an estimate? I don't mind to put out couple of grands but I want it to be successful, not a failure.

[bakofoil 27]

Thank you all for your replies... I really appreciate it. Lawyer will be the next step.

I am trying to get my Senator involve to see if anything they can do first. If not, lawyers are there for ppl like me. I know they want tons of evidence I can never submit enough to the CO. Actually, Vietnam is a corrupted country and many ppl are faking the relationship that affect me as a real one. If I were to petition a fiancee from Frence or other European countries, I don't think I have to go thru. this trouble. Another stupid reason is that I should NOT engage with anyone from far away Vietnam even though I am a Vietnamese. Oh well, I am totally stuck with this mess that I created.

What is the appx cost to consult a lawyer with my current case? Anyone can give me an estimate? I don't mind to put out couple of grands but I want it to be successful, not a failure.

Wrong. Anyone who misrepresents the truth on a visa application faces the possibility of denial at ANY consulate. You're still looking for excuses for your own mistake.

An initial consultation with a lawyer will set you back $200-400 probably. Nothing is guaranteed.

[mox 298]

Thank you all for your replies... I really appreciate it. Lawyer will be the next step.

I am trying to get my Senator involve to see if anything they can do first. If not, lawyers are there for ppl like me. I know they want tons of evidence I can never submit enough to the CO. Actually, Vietnam is a corrupted country and many ppl are faking the relationship that affect me as a real one. If I were to petition a fiancee from Frence or other European countries, I don't think I have to go thru. this trouble. Another stupid reason is that I should NOT engage with anyone from far away Vietnam even though I am a Vietnamese. Oh well, I am totally stuck with this mess that I created.

What is the appx cost to consult a lawyer with my current case? Anyone can give me an estimate? I don't mind to put out couple of grands but I want it to be successful, not a failure.

There you go again, blaming everyone but yourself. (admitting that you created the mess is not the same thing as accepting responsibility for it.) Many people have gotten through Vietnam without a problem. And the consulate is run by the US government, not the Vietnamese government. STOP making excuses.

No attorney can guarantee that you will be successful. pushbrk already gave you the contact information for a good lawyer, I recommend you contact the lawyer and ask about rates. You also might want to be completely honest with him.

Edited February 14, 2008 by mox

[chris4gretchen 1]

2 years ago is not 2004. thats 4 years ago. 2 years ago is 2006.

Chris

[2007K1 0]

Thank you all for your replies... I really appreciate it. Lawyer will be the next step.

.......Another stupid reason is that I should NOT engage with anyone from far away Vietnam even though I am a Vietnamese. Oh well, I am totally stuck with this mess that I created. ..........

Don't give up!

I don't think it is so BAD as you feel right now.

It's a good step that you start looking for a lawyer.

You still can re-apply. K3 or CR1 are still available for your situation or even K1.

You will see that your lover will be able to be with you here in the US the in nearest future anyway.

BTW, stop saying you lied. What done is done, just learn the mistake and move on. You can start collecting evidence now for the coming process. For future use, you need to save all the phone bills when you call your fiancee, also you flight tickets, photos when you are in Vietnam with your fiancee. There are a lot of advices you can read here on this forum.

I wish you best luck for your Visa process.

Regards!

2007K1

[NCWife 0]

Honestly I'm starting to think that you're a lost cause.

The only way that you personally are going to "convince the consulate officer to re-consider [your] case" is to provide the evidence they are asking for. But you can't provide that evidence because your meeting in 2004 never happened.

So your question really boils down to "is there any way I can convince the consulate to believe my lie?"

Call that attorney. You need someone else to do the thinking for you. You clearly are not up to the task.

Meeting her for the first time in 2004 wasn't mean that I was falling in love with her. I broke up with my gf here then I went back in 2006 to fall in love and petitioned her in March 2007. I didn't explain this in detail of question #18.

I thought you said you both got engaged in Dec 2006? Hmmm... I think the CO is more interested in any solid proof of communication (phone, emails) prior to your said engagement rather than the date you both fell in love.

[NCWife 0]

Thank you all for your replies... I really appreciate it. Lawyer will be the next step.

I am trying to get my Senator involve to see if anything they can do first. If not, lawyers are there for ppl like me. I know they want tons of evidence I can never submit enough to the CO. Actually, Vietnam is a corrupted country and many ppl are faking the relationship that affect me as a real one. If I were to petition a fiancee from Frence or other European countries, I don't think I have to go thru. this trouble. Another stupid reason is that I should NOT engage with anyone from far away Vietnam even though I am a Vietnamese. Oh well, I am totally stuck with this mess that I created.

What is the appx cost to consult a lawyer with my current case? Anyone can give me an estimate? I don't mind to put out couple of grands but I want it to be successful, not a failure.

There is no such thing as guaranteed success in life.

And I think you have again "misunderstood" the function of a lawyer. I don't think there is any lawyer will take on a case with a guarantee to his client that he will win the case. Normally they'll say " I do the best that I can" (too much TV show)

Edited February 15, 2008 by CL79