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

[diadromous mermaid 36]

There's no sense going over ground that's already been covered. The OP knows what he did was wrong, and whether the inaccurate data that he shared as background to the relationship is material or not in impacting the future of his petitoin is yet to be seen. Frankly, the rejection memorandum indicates to me, any way, that the CO is dissatisfied with the merits of his current relationship, and while mention is made of the 2004 to 2006 timeframe, there is also mention of an insufficiency of contact between the two after they became engaged. Now on to more constructive comments, no?

If the OP has further evidence available, he should be gathering it together. After consulting with an immigration attorney (if he chooses to do so) he should also go through whatever evidence he has of his last trips to Vietnam. The CO wasn't sure the photographs supplied with his petition indicated anything more than a couple of days visit together. If there have been subsequent trips he should gather that evidence. If there were more examples of the time they spend together, he should assemble that. Any further contact with his betrothed should be done in such a way that it can be demonstrated in the future. He and his fiancé should be documenting their contact, by phone, mail, email or chat at this point. The COs decision may appear to be harsh but sometimes it could be taken as a blessing too. If the OP has only spent a couple of days with this girl, then he really should be thinking that he needs to spend more time with her to be able to better ascertain if they can handle the wrinkles that may lie ahead for them.

Edited February 16, 2008 by diadromous mermaid

[EricC 0]

A side question here. I have tons of evidence (phone records, chats, etc) from my engagement onwards but not much from pre engagement. When I first visited my fiancee she was nothing more than a friend that I wanted to visit. Most of our communication was by phone. I might have a few chat transcripts back then but didn't really save the messages because I didn't think I would need them later on. We didn't really email each other either. The phone card I used was nobelcom and they didn't have call logs (but I did print out my receipts for them but it doesn't really prove that I was calling her with those phone cards). I do have a few receipts from me sending her flowers, or gifts for Christmas and birthdays and other occasions that show it addressed to her. I also have a Christmas card from her, but her names not on it she signed it "Your Honey" and I didn't save the postmarked envelope. When we became engaged I got her a computer so we could chat everyday that way I could save on phone cards. Then I read on visa journey all the proof you would need for bona fide relationship and switched to a phone card that had phone logs (I didn't know it only saved 3 months worth, I tried to print out September and October call logs but they are gone now..d'oh )

Will the photos of us, the passport stamps, the plane stubs, my hotel receipt showing calls made to her, a few chat transcripts, one or two emails, and a ton of phone card receipts be enough proof before engagement? Will they question why so little concrete evidence prior to engagement or will they care more about the tons of evidence I have for after engagement. Just nervous since my interview will probably be in a couple months and I didn't think to save all this stuff in case I married her someday. I don't want them to think we lied like the OP did.

[bakofoil 27]

The embassy are mostly concerned with evidence post-filing. So what you have sounds perfectly fine. The initial application is about providing evidence of meeting, (although it is important to provide some evidence of an on-going relationship at this stage) mostly the rest is secondary during the USCIS stage. At consular stage then you should have photos of your trips and evidence of communication between trips e.g. chat logs, emails, letters and phone bills etc.

The problem the OP had was not so much the fact he lied about the time of their meeting (this appeared to be brushed aside if you read the CO's report) but the fact there was insufficient evidence provided from engagement to interview. The CO states 'a few chat logs'. That was the gripe and this is why everyone has been telling the OP that he still has a chance to salvage things. However, given his inability to stick to one story he would be better advised to get a lawyer to deal with it on his behalf.

Seems a few people are reading this thread and getting panicky. The fact is, it's not that difficult to gather a lot of evidence once you make the decision to file a K1 application (since you know you must!), so the situation the OP found himself in was totally unnecessary. The embassy interview is merely to ascertain that there is an on-going genuine relationship that will result in a marriage. Doesn't sound like you have a problem at all.

Edited February 17, 2008 by babblesgirl

[EricC 0]

Thanks babblesgirl, that makes me feel better. This whole process makes me panicky and stress out

[pushbrk 12,884]

Thanks babblesgirl, that makes me feel better. This whole process makes me panicky and stress out

The OP's problem is he made claims that were false. The Consular Officer can and often does ask for evidence to support any and all claims.

[evanescence 0]

Hi everyone!

After I red all this I started worried for myself .I stated in my K1 application,that my finance and I met 10 years ago.That was true,but we fell in love 2 years ago and decided to get married.I don't have any proof of relationship before that time,but I have 1000 of evidences for the past 2 years.They sent me a RFE requesting for evidence of meeting for the past 2 years,no longer than that.If in the application was a statement said that they need a evidence from the time we met I would not stated that we met 10 year ago,because I can't prove it .

Do you think I have to worry?

[bakofoil 27]

Hi everyone!

After I red all this I started worried for myself .I stated in my K1 application,that my finance and I met 10 years ago.That was true,but we fell in love 2 years ago and decided to get married.I don't have any proof of relationship before that time,but I have 1000 of evidences for the past 2 years.They sent me a RFE requesting for evidence of meeting for the past 2 years,no longer than that.If in the application was a statement said that they need a evidence from the time we met I would not stated that we met 10 year ago,because I can't prove it .

Do you think I have to worry?

They want to see evidence of you having met in person in the past two years - this is a requirement of the I-129F. Did you provide evidence of having visited each other within the last two years of your filing date? Plane tickets, stamps in passports, receipts or bank statements placing you or your fiance in each other's country?

[evanescence 0]

Yes,I think I sent them enough evidence but you never know (( I just have to wait ,but it is killing me (I thought that if USCIS approves your I-129F petition your finance most certainly will get a visa at the Consulate,but after I red all of the above I am scared now:(

Thank you for your respond.

[Jason-Sasha 1]

Dang! You all have ME worried about evidence too now. Great. Our interview is 4 days away and we're both a bit stressed. We have plenty of photos, emails, phone bills, 4 Russian tourist visas, engagement ring, etc. but this thread is creepy. I shouldn't have read it... Well, I'm pretty sure we have enough, actually. But this OP really has problems now. It's a shame. There was no reason to lie. I wish you the best outcome.

[EricC 0]

Well I am glad I wasn't the only one to worry after reading this thread. But we have to remember that we didn't lie and hopefully that will show in our interview as well. Good luck on your interview Jason-Sahsa!

[StoryAngel 4]

There seem to be quite a few people reading this who are now worried about their own applications. If you're honest and truthful with the information you provide for the I-129F filing and at interview then you really don't need to worry. The primary problem for the OP in this thread is an inability to stick to one story having lied at the outset, which as others have pointed out was unnecessary in the first place. Very sad. Honesty really is the best policy (and it means you don't have to remember which story you've told to whom!)

[jed 0]

Laura,

You are absolutely right... I shouldn't need to lie.

"You didn't have to know your fiance for 2 years prior to filing, many people get that mixed up." --- I got this mixed up.

I met her in Dec 2006 and filed a petition in March of 2007, that was perfectly the right timing. I thought I have to meet the person in 2 yrs that is mainly the reason why I lied. I know that I am a badddd liar.

This thing is very highly sensitive but as a first time petitioner, I am so clueless and didn't understand the procedures. I didn't read much on this board before going doing the steps. Now, it is a baddd mistake. What is the correction to this prob? Will I need to refile and forget the old one?

Thanks.

Sweetheart, I'm sorry.

You must be completely beside yourself. It was a mistake, mistakes happen.

Take comfort in your fiance, in your love, in your relationship. Work through it together.

I don't know what will happen now. You could get married and file for a K3. I have seen people who were rejected a K1 and successfully file a K3 or CR1.

You may want to wait it out though, you could explain to them you misunderstood the requirements. They may be lenient.

I wish you all the best in whatever direction this journey takes you.

~Laura

Hi Laura,

Sorry to interrupt, I would just like to ask about the thing you have said. If for some reason the K1 visa was denied, then the couple would like to file the spouse visa, will they start from scratch? Thank you.

[MissYoko 4]

hmmm yes you lied, you have to assume that.

I'm the beneficiary about our petition and we waited about 2 months reading instructions, collecting information here, on the uscis website.

Before filling the forms, we printed it cause its more comfortable to read on paper.

What you did is clearly not misunderstanding.

Like all said take a lawyer.

regards

Miss Yoko

[Teacher Mark 53]

Everyone who is reading this thread and freaking out remember: This is the Ho Chi Minh City Consulate! It is considered a high fraud Consulate and they got busted lying. Whether or not it was a misunderstanding only they know. Prepare your paperwork with your i's dotted and your t's crossed, gather your evidence and put your best feet forward. You will be fine!

[pushbrk 12,884]

Laura,

You are absolutely right... I shouldn't need to lie.

"You didn't have to know your fiance for 2 years prior to filing, many people get that mixed up." --- I got this mixed up.

I met her in Dec 2006 and filed a petition in March of 2007, that was perfectly the right timing. I thought I have to meet the person in 2 yrs that is mainly the reason why I lied. I know that I am a badddd liar.

This thing is very highly sensitive but as a first time petitioner, I am so clueless and didn't understand the procedures. I didn't read much on this board before going doing the steps. Now, it is a baddd mistake. What is the correction to this prob? Will I need to refile and forget the old one?

Thanks.

Sweetheart, I'm sorry.

You must be completely beside yourself. It was a mistake, mistakes happen.

Take comfort in your fiance, in your love, in your relationship. Work through it together.

I don't know what will happen now. You could get married and file for a K3. I have seen people who were rejected a K1 and successfully file a K3 or CR1.

You may want to wait it out though, you could explain to them you misunderstood the requirements. They may be lenient.

I wish you all the best in whatever direction this journey takes you.

~Laura

Hi Laura,

Sorry to interrupt, I would just like to ask about the thing you have said. If for some reason the K1 visa was denied, then the couple would like to file the spouse visa, will they start from scratch? Thank you.

Yes, you start from scratch but you also must make certain your initial petition is put to bed completely or it will come back to haunt you. The final disposition from USCIS after the Consulate returns it, can take quite a while.