illegal??

[don2008 0]

i was thinking about come things and was wondering what is everyone elses take on this.

ok, so my fiancees first interview wasnt good. in short the officer pretty much told her that she belived that the only reason we filed for the visa was just for her to come to the US and that we did not have a "bona fid" relationship. correct me if im worg here, but isant that illeagal? so if the consulate offcie thinks im doing something illegal shouldnt they be trying to press charges or something?? it really feels like im guilty and need to prove my self innocent here. its really crazy how many get denied from the HCM consulte. if they really think that many people are doing somehting worng shouldnt they do somehting about besides breaking the innocents hearts....

[PeterFB 0]

I can understand the feeling of being considered guility and having to prove yourself innocent. When I was standing outside the HCMC Consulate waiting for Thi to finish her interview, I felt much the same. Had we done enough to prove we had a real relationship? Was there something we missed? Etc, Etc......Fortunately she came out with a pink slip.

The interview process is unfair in the fact that your case is decided on how the CO feels about your case and the evidence you provided. Most of that feeling is based on the I-129f and the evidence you provided with it. The rest is what you turned in at the interview and in talking/questioning your fiance(e) for a few short minutes. The Consulate doesn't have the time or resources to research each case so they decide based on a loose set of rules and their "gut".

If you read about the entire K 1 visa process in detail, you see the Consulate has the final say on getting the visa. They admit that the process may not seem fair, but they also say if you can show them that they are wrong with proper evidence, they will approve your visa. Couples who have a bonafide relationship will get approved, it's unfair that some have to take days, months or years extra to get aproved.

There's little reason for the Consulate to press charges because they didn't give you a visa based on their feeling it's not a bonafide relationship. They know most fraud based K1/3 visas will not be appealed, disputed or refiled. The people will simply give up because their fraud could be exposed by closer inspection which would happen if they appealed, disputed or refiled. At which time, they could find themselves facing charges. Those who do have bonafide relationships have nothing to hide and everything to gain by appealing, disputing or refiling.

A large portion of the blue slips are given out because the required documents aren't submitted at the interview, proper evidence with the I-129f, lack of evidence for the interview or other instructions are not followed. When I was standing in line before Thi went into the Cosulate I was surprised how many of the women had no one with them and the lack of evidence they were carrying with them. Most of them had clear plastic folders that were less than an 1/2 inch thick. It looked like they had the required documents and little less. As near as I can could tell, most of them left with a blue slip. The few with thick folders or bags with evidence with them seemed to leave with pink slips. I'm not saying that having lots of evidence for the interview will mean a pink slip. My point is the preparation of the I-129f, documents for the interview and evidence is the most likely reason for the pink slip. Seeing women with lots of evidence at the interview leads me to believe, the rest of their documents. I-129f, etc are properly done.

The important thing to remember now is, you take the blue slip you got and submit the evidence they require. The most likely result is that they will give you a pink slip. While it's not the way you hoped it would be, the end result is still the one you want.

Good Luck!

Peter and Thi

I-129F Sent : 2007-05-26

I-129F NOA1 : 2007-06-11

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2007-10-26

Touched: 2007-11-02

NVC Recieved: 2007-11-16

Consulate recieved ??????

Packet 3 sent 2007-12-11

Packet 3 received 2007-12-24

Packet 3 returned 2007-12-28

Packet 4 sent 2008-1-14

Email Reply with Interview Date 2008-1-23

Interview Date 2008-2-27

Passed Interview 2008-02-27

Visa Pick Up Date 2008-3-05

Received Visa 2008-2-29 (called to pick up earlier)

POE 2008-3-05 Los Angeles

Wedding 2008-4-26

[pushbrk 13,118]

i was thinking about come things and was wondering what is everyone elses take on this.

ok, so my fiancees first interview wasnt good. in short the officer pretty much told her that she belived that the only reason we filed for the visa was just for her to come to the US and that we did not have a "bona fid" relationship. correct me if im worg here, but isant that illeagal? so if the consulate offcie thinks im doing something illegal shouldnt they be trying to press charges or something?? it really feels like im guilty and need to prove my self innocent here. its really crazy how many get denied from the HCM consulte. if they really think that many people are doing somehting worng shouldnt they do somehting about besides breaking the innocents hearts....

Nobody will press any charges against you.

Your fiancee was given a paper explaining why she didn't get the visa. What color was it and what did it say exactly? Time to "prove yourself innocent", move to Vietnam or find a new girl.

[rebeccajo 14]

No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

[don2008 0]

i was thinking about come things and was wondering what is everyone elses take on this.

ok, so my fiancees first interview wasnt good. in short the officer pretty much told her that she belived that the only reason we filed for the visa was just for her to come to the US and that we did not have a "bona fid" relationship. correct me if im worg here, but isant that illeagal? so if the consulate offcie thinks im doing something illegal shouldnt they be trying to press charges or something?? it really feels like im guilty and need to prove my self innocent here. its really crazy how many get denied from the HCM consulte. if they really think that many people are doing somehting worng shouldnt they do somehting about besides breaking the innocents hearts....

Nobody will press any charges against you.

Your fiancee was given a paper explaining why she didn't get the visa. What color was it and what did it say exactly? Time to "prove yourself innocent", move to Vietnam or find a new girl.

i already know what i need to do now, she got a green slip. im just frustrated with the whole process. its aggravating when the officers there just throw false accusations at me. the whole "prove my self innocent" comment was because i think they should be looking at everything first then decide if its a bona fid relationship or not, but thats not the case there in HCM. if they think im doing somehting illeagal then they need to charge me and if not they need to approve my visa request. theres no way im just going to give up. i shouldnt have to move to vietnam to exercise my rights.

[don2008 0]

No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

lol i dont know where you think it clearly spelled out at. i just looked over some of the Foreign Affairs Manual, i dont see anything that says they have the right to accuse me of worng doings with no proof.

http://www.state.gov/m/a/dir/regs/

[motu 6]

The basic thing people forget is - a visa is not a 'right' its a privilege. So its not like you are going to the Best Buy store to buy a TV and they must give you one if you have the cash. There is a lot of fraud that goes on - many trying to get to USA legally, illegally and some by paying others (my hair cutting lady told me that a Russian who works there told her that any girls willing to marry a Russian man to bring him here can make $10,000 easy - I am not sure if it was a joke or real).

The consulate must use their judgment in making this decision - by prolonging this process they force many an illegals to just drop out as they do not have the patience for this. Also, many an Americans are dead against foreigners - legal or not - and this hatred has boiled into laws and processes to make it harder for the genuine people, I look at it as a test of your relationship and your ability to go through a slightly harsh (extremely harsh for a few) process. Go back and try again - remove the objections they raised - this is quite routine - just read this forum and you will see thousands who are denied and almost all seem to overcome this hurdle in their next try. Good Luck

[diadromous mermaid 36]

i was thinking about come things and was wondering what is everyone elses take on this.

ok, so my fiancees first interview wasnt good. in short the officer pretty much told her that she belived that the only reason we filed for the visa was just for her to come to the US and that we did not have a "bona fid" relationship. correct me if im worg here, but isant that illeagal? so if the consulate offcie thinks im doing something illegal shouldnt they be trying to press charges or something?? it really feels like im guilty and need to prove my self innocent here. its really crazy how many get denied from the HCM consulte. if they really think that many people are doing somehting worng shouldnt they do somehting about besides breaking the innocents hearts....

Nobody will press any charges against you.

Your fiancee was given a paper explaining why she didn't get the visa. What color was it and what did it say exactly? Time to "prove yourself innocent", move to Vietnam or find a new girl.

i already know what i need to do now, she got a green slip. im just frustrated with the whole process. its aggravating when the officers there just throw false accusations at me. the whole "prove my self innocent" comment was because i think they should be looking at everything first then decide if its a bona fid relationship or not, but thats not the case there in HCM. if they think im doing somehting illeagal then they need to charge me and if not they need to approve my visa request. theres no way im just going to give up. i shouldnt have to move to vietnam to exercise my rights.

Pedantic, I know, but if the rejection or denial occurs at HCM or at any consular level, actually, the person you believe is *accusing YOU of wrong doing* is doing nothing of the sort! That CO might feel suspect of the alien's bonafide intentions, but not yours.

[ROZA 0]

No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

Now the question arrises if the CO is the one who will approve of deny the visa then what is the justification of the documentation which we provide the USCIS and NVC and got approved???

[diadromous mermaid 36]

No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

Now the question arrises if the CO is the one who will approve of deny the visa then what is the justification of the documentation which we provide the USCIS and NVC and got approved???

Well the petition by the USC on behalf of the alien has been approved ~ by demonstrating a number of critical criteria, such as having met within the past 2 years and being able to marry, but that is only one step in the process. The alien must likewise demonstrate the same and pass other criteria as well.

Furthermore, there is something which is known as unilateral fraud. In other words, where a USC demonstrates a genuine interest in an alien, but the alien, unbeknownst to the USC, has other intentions?

[pushbrk 13,118]

No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

Now the question arrises if the CO is the one who will approve of deny the visa then what is the justification of the documentation which we provide the USCIS and NVC and got approved???

Well the petition by the USC on behalf of the alien has been approved ~ by demonstrating a number of critical criteria, such as having met within the past 2 years and being able to marry, but that is only one step in the process. The alien must likewise demonstrate the same and pass other criteria as well.

Furthermore, there is something which is known as unilateral fraud. In other words, where a USC demonstrates a genuine interest in an alien, but the alien, unbeknownst to the USC, has other intentions?

Right and often what the CO is really saying is that the combination of evidence, visits and answers to interview questions has simply been insufficient to convince them the relationship is bona fide. The standard wording on such declarations is a bit harsh however. Just comply with the requests for additional documentation and/or evidence if that's what's been asked for and go forward with a positive attitude. Acting the victim will not help you be successful in this venture.

If you want our help, tell us what the green slip said.

[don2008 0]

No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

Now the question arrises if the CO is the one who will approve of deny the visa then what is the justification of the documentation which we provide the USCIS and NVC and got approved???

Well the petition by the USC on behalf of the alien has been approved ~ by demonstrating a number of critical criteria, such as having met within the past 2 years and being able to marry, but that is only one step in the process. The alien must likewise demonstrate the same and pass other criteria as well.

Furthermore, there is something which is known as unilateral fraud. In other words, where a USC demonstrates a genuine interest in an alien, but the alien, unbeknownst to the USC, has other intentions?

Right and often what the CO is really saying is that the combination of evidence, visits and answers to interview questions has simply been insufficient to convince them the relationship is bona fide. The standard wording on such declarations is a bit harsh however. Just comply with the requests for additional documentation and/or evidence if that's what's been asked for and go forward with a positive attitude. Acting the victim will not help you be successful in this venture.

If you want our help, tell us what the green slip said.

i posted my green slip on another thread but ill post it on this one also so you can see it. i got some helpful advise and am in the process of writting my letter now. they also asked for more evidence but we submitted everything we had already, and it was a ton of things,emials, phone records,ticket stubs, pictures,etc. if they would have taken the time to look through our things anyone can cleary see our relationship is real. its so frustrating!

* The Consulate General is unable to issue a visa to you because you have found ineligible under the fpllowing section (s) of the US. 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, consulate officers do not believe that there is a bona fide fiance' (e)/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that teh relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.

* PETITIONER: Provide a short statement handwritten in the presence of a certified notary.

* Please dont submit anything until you have ALL of the items requested above. If you dont submit ALL of the requested items at the same time, processing delays will result. Consular officers will not make a decision on your case until all of the items we requested are submited. If you are unable obtain a requested item, please submit a written explanation. Please label and itemize all materials submitted.

* PETITIONER: In a sworn, notarized statement, please provide a detailed chronology( timeline) of your relationship.Please explain clearly when and how you first met, how you were introduce and when you began corresponding with each other, when you felt your relationship became serious, date and circumstances of marriage proposal (location, time, setting, etc...) .. Did spouse/fiance(e) propose in person or by phone ? where were you when s/he propose ( give exact location)? Did you accept immediately or ask for time to think about it? if s/he did not officially propose, when did you first discuss marriage? How many trips did you make to Vietnam to vistit your spouse/fiance'(e)? How many times have you seen him/her in total how long did you stay each visit? please give as many details as possible.

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 ACT REQUIRES THAT YOUR APPLCATION BE CANCELLED

[pushbrk 13,118]

No there's nothing illegal about it. The consular officer is a representative of the United States government. His or her duties are clearly spelled out in the Foreign Affairs Manual.

Now the question arrises if the CO is the one who will approve of deny the visa then what is the justification of the documentation which we provide the USCIS and NVC and got approved???

Well the petition by the USC on behalf of the alien has been approved ~ by demonstrating a number of critical criteria, such as having met within the past 2 years and being able to marry, but that is only one step in the process. The alien must likewise demonstrate the same and pass other criteria as well.

Furthermore, there is something which is known as unilateral fraud. In other words, where a USC demonstrates a genuine interest in an alien, but the alien, unbeknownst to the USC, has other intentions?

Right and often what the CO is really saying is that the combination of evidence, visits and answers to interview questions has simply been insufficient to convince them the relationship is bona fide. The standard wording on such declarations is a bit harsh however. Just comply with the requests for additional documentation and/or evidence if that's what's been asked for and go forward with a positive attitude. Acting the victim will not help you be successful in this venture.

If you want our help, tell us what the green slip said.

i posted my green slip on another thread but ill post it on this one also so you can see it. i got some helpful advise and am in the process of writting my letter now. they also asked for more evidence but we submitted everything we had already, and it was a ton of things,emials, phone records,ticket stubs, pictures,etc. if they would have taken the time to look through our things anyone can cleary see our relationship is real. its so frustrating!

* The Consulate General is unable to issue a visa to you because you have found ineligible under the fpllowing section (s) of the US. 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, consulate officers do not believe that there is a bona fide fiance' (e)/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that teh relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.

* PETITIONER: Provide a short statement handwritten in the presence of a certified notary.

* Please dont submit anything until you have ALL of the items requested above. If you dont submit ALL of the requested items at the same time, processing delays will result. Consular officers will not make a decision on your case until all of the items we requested are submited. If you are unable obtain a requested item, please submit a written explanation. Please label and itemize all materials submitted.

* PETITIONER: In a sworn, notarized statement, please provide a detailed chronology( timeline) of your relationship.Please explain clearly when and how you first met, how you were introduce and when you began corresponding with each other, when you felt your relationship became serious, date and circumstances of marriage proposal (location, time, setting, etc...) .. Did spouse/fiance(e) propose in person or by phone ? where were you when s/he propose ( give exact location)? Did you accept immediately or ask for time to think about it? if s/he did not officially propose, when did you first discuss marriage? How many trips did you make to Vietnam to vistit your spouse/fiance'(e)? How many times have you seen him/her in total how long did you stay each visit? please give as many details as possible.

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 ACT REQUIRES THAT YOUR APPLCATION BE CANCELLED

Right, I've seen this and responded before in the other thread. I have no additional help to offer. You already know where you stand and what to do.

[Glen&Teresa 0]

i already know what i need to do now, she got a green slip. im just frustrated with the whole process. its aggravating when the officers there just throw false accusations at me. the whole "prove my self innocent" comment was because i think they should be looking at everything first then decide if its a bona fid relationship or not, but thats not the case there in HCM. if they think im doing somehting illeagal then they need to charge me and if not they need to approve my visa request. theres no way im just going to give up. i shouldnt have to move to vietnam to exercise my rights.

Unfortunately because so many in the past did abuse the system, the system now has been that much harder. I dont have any words of comfort to offer, however the fact that the consoluate is giving you a chance to prove them wrong is better than others have managed