Paperwork sent back to the United States. What to do now?

[mitchmail1 0]

The niece of a friend of mine from Vietnam was recently refused her K1 and was told not to submit anymore evidence and that her and her fiance's paperwork was being sent back to the United States.

Can anyone tell me what they should do now? Can they refile? How much does it cost?

thanks

Edited June 24, 2008 by mitchmail1

[KimandRuss 0]

No, they can not just refile.

The best bet is to hire a lawyer immediately and try to keep the petition from leaving the Consulate.

Visit the Regional thread for better advice from those dealing with Vietnam.

good luck to them.

[pushbrk 12,898]

The niece of a friend of mine, recently was refused her K1 and was told not to submit anymore evidence and that her and her fiance's paperwork was being sent back to the United States.

Can anyone tell me what they should do now? Can they refile? How much does it cost?

thanks

They would have gotten something in writing and have a clue why they were denied. Usually it is that they didn't convince the consular officer that their relationship is bona fide.

If this was very recent, they might have success having a local attorney in HCMC contact the Consulate in their behalf. The most well known is Marc Ellis. http://www.marcellislaw.com/

He's not cheap but waiting for the case to get back to the US and be acted upon could take a year or more. Filing again would cost what it costs but for a fiance, you wait until the process plays out. Another option is to marry abroad and begin the spouse visa process but the current notice of intent to deny must still be dealt with, even if concurrently.

See here: http://www.ilw.com/articles/2004,0429-ellis.shtm

[payxibka 10,045]

No, they can not just refile.

The best bet is to hire a lawyer immediately and try to keep the petition from leaving the Consulate.

Visit the Regional thread for better advice from those dealing with Vietnam.

good luck to them.

Actually they can refile but besides a waiver request, unless they cure the issue that prompted the initial refusal it is likely they same result would occur on the next visa application.

[pushbrk 12,898]

No, they can not just refile.

The best bet is to hire a lawyer immediately and try to keep the petition from leaving the Consulate.

Visit the Regional thread for better advice from those dealing with Vietnam.

good luck to them.

Actually they can refile but besides a waiver request, unless they cure the issue that prompted the initial refusal it is likely they same result would occur on the next visa application.

USCIS will accept another petition and fee but it won't do any good until the initial petition is resolved. Also the underlying issue must be addressed.

[payxibka 10,045]

No, they can not just refile.

The best bet is to hire a lawyer immediately and try to keep the petition from leaving the Consulate.

Visit the Regional thread for better advice from those dealing with Vietnam.

good luck to them.

Actually they can refile but besides a waiver request, unless they cure the issue that prompted the initial refusal it is likely they same result would occur on the next visa application.

USCIS will accept another petition and fee but it won't do any good until the initial petition is resolved. Also the underlying issue must be addressed.

Just out of curiosity where is this information?

[pushbrk 12,898]

No, they can not just refile.

The best bet is to hire a lawyer immediately and try to keep the petition from leaving the Consulate.

Visit the Regional thread for better advice from those dealing with Vietnam.

good luck to them.

Actually they can refile but besides a waiver request, unless they cure the issue that prompted the initial refusal it is likely they same result would occur on the next visa application.

USCIS will accept another petition and fee but it won't do any good until the initial petition is resolved. Also the underlying issue must be addressed.

Just out of curiosity where is this information?

To which information does the pronoun "this" refer?