Visa Denied

[brnidokiegurl 0]

petitions are returned in what they call POUCHES once the pouch gets full it is sent back, and they can give u the number of the pouch, now does yours go in first to wait for the others or is it the last one and time to go....

[AmericanGentleman 0]

I see. Well, when I called the embassy, they said DONT come, just submit a letter, which I have. I simply dont know what to do now. I can only make one trip a year to VN. Do I go now and rail at the embassy? Or do I save the trip for something that will further the proof of our relationship, such as going to VN for her birthday or Christmas? Sure, ANY trip to VN will be a positive thing. But if I was a CO, I would put more stock in a trip with a purpose of celebrating Xmas over a trip with the purpose of coming to the embassy.

[brnidokiegurl 0]

i dont know your embassy, do they tend to send alot back? so they would fill quick. Do others find that IF they go there really is something that can be done in person, will they talk with you etc. alot to decide no use going if it hasnt been suggested you will make a difference....main object is to TRY to keep it there..has your state rep stepped in yet...the letters from friends and family.... I gather by them saying dont come they are not expecting you to

[Icarus 0]

AG-

first contact a lawyer in HCMC to assist in finding out if your case is still in VN. Yes, there may be a pouch for sending back rejects, BUT, I'm sure your fiance received a colored (green/blue) letter stating you have a specific amount of time to rebut and submit the requested documents. IF the letter doesn't state that the case is being rejected and returned to the US then you have a good chance of fighting it at the embassy level. That is why I suggest you dont wait for any special dates to return, go now and fight for your case if you can.

Please remember that the embassy receives well over 100 visa requests a day...That is 3000 a month, or roughly 36,000 a year...probably a lot more. Of those, how many get the magic pink paper on the first pass? They aren't looking to see if you spent a 'special' day or holiday with her to check off a 'list'. They are looking for a valid relationship, and showing them that you'd travel across the world to VN to fight to be with her is plenty special enough. Believe me on this point.

-G

[AmericanGentleman 0]

Well, just got an update that Ha turned in the paper. They told her the petition was going to be sent back to the states regardless. So on to round 2. I am going to plan on another trip in October and continue to build our relationship. My only question now is how soon can I file another petition?

[Dakine 26]

I sent USCIS a notarized letter stating I was cancelling the K1 petition.

Second time we married and did K3.

Made it my our "job" to take lots of pictures especially with her family. Made MANY documented phone calls, saved chats, money receipts, screen print outs and wrote snail mail love letters.

Had life insurance, will and a trust with her as beneficiary. Flew thru the embassy and AOS interviews without problems.

Edited June 24, 2008 by Haole

[Dave_Thao 0]

I am sorry to hear they are sending it back. It took 5 months from the time the consulate sent back our petition to the time CSC told me it was expired and I may file a new one. There have been a few cases after ours that were sent back and they have since re-filed. Your old case should be resolved in one way or another before you should start a new one. Haole canceled theirs. I waited until CSC notified me that it had expired. It appears that CSC does not review returned cases. I haven't seen returned petitions get re-adjudicated and allow the petitioner to appeal the consulates findings recently. But just to make sure, you should continue to gather as much evidence as you can. Keep it in order so you can send it to CSC quickly if they happen to send you a NOID. Send more letters,emails, money and document your phone calls to Ha.

When you file a new case include all the evidence you have at the time in the new petition. More is better.

There has been a lot of debate about whether you will need to request an IMBRA waiver the second time around. I filed one but I didn't receive any notification that it was granted so I don't know if I needed it.

I hope everything works out for you two.

[AmericanGentleman 0]

Thanks all. I just got off the phone with ME and he think we still have a chance to save it despite what they told Ha at the embassy yesterday. I know...up and down...up and down.....

[Kevin and 10]

My CR1/IR1 is sitting at the CSC now. What I am told; by an attorney, my Senator, and my Repesentitive, is it could be years before an Adjudicating Officer will review it. I filed a new petition , but I'm going the K-3 route this time hoping it will be quicker than CR1/IR1.

[Dakine 26]

My CR1/IR1 is sitting at the CSC now. What I am told; by an attorney, my Senator, and my Repesentitive, is it could be years before an Adjudicating Officer will review it. I filed a new petition , but I'm going the K-3 route this time hoping it will be quicker than CR1/IR1.

If you qualify for an IR I'd stick with it and forget the K3. Since you first applied the CRs and IRs have speeded way up. If you do them right there is only about 1 month longer for the IR.

See lotopatience 1.5 thread.

I was in the same boat as you and went with the K3 as CRs were a lot slower then. Went thru hell adjusting status plus cost us BIG money.

[brnidokiegurl 0]

Look on your noa2 it has a date...it is good thru...ours expired the same month in came back to calif., then my rep got with them and they told her thru EMAIL that it had expired and free to refile. I didnt ck to see where yours was going back to if vermont u will need luck i know of some that have been waiting over 18 months just to get any word

[Kevin and 10]

My CR1/IR1 is sitting at the CSC now. What I am told; by an attorney, my Senator, and my Repesentitive, is it could be years before an Adjudicating Officer will review it. I filed a new petition , but I'm going the K-3 route this time hoping it will be quicker than CR1/IR1.

If you qualify for an IR I'd stick with it and forget the K3. Since you first applied the CRs and IRs have speeded way up. If you do them right there is only about 1 month longer for the IR.

See lotopatience 1.5 thread.

I was in the same boat as you and went with the K3 as CRs were a lot slower then. Went thru hell adjusting status plus cost us BIG money.

In a month or two K3 could be passing through faster. I haven't gotten NOA2's yet so its no use deciding what path to follow yet.