Visa Denied Also

[Matt_Stevens 5]

The only sure fire way is to live in Vietnam for over a year, married to her. But that is extreme since you have to drop your life here in the USA. Who the hell can afford to do that?

Keep at the k1, but expect to wait a long time.

[Dave_Thao 0]

I took the advice of ME to not marry and file a K3. He said that does not always work. It may work for someone else but it varies from case to case. All I can say is that my evidence prior to the engagement,which was a big reason for denial, was minimal. When I filed a second time, I still did not have that evidence but I had boat load of new evidence of a true relationship which I included in the new petition.

In the new petition, I addressed all the issues that consulate had with the first case. I included copies of the blue and green slip and the evidence I first sent to the consulate when we got the Blue slip. I put that near the top of the petition. I wanted to show everybody that the consulate was wrong. I also included every scrap of evidence I had at the time.

I must admit I felt hopeless many times. I felt so angry. I felt alone. I got tired of explaining to people why Thao is still not here although I appreciated their concern.

I can having gone through all that, the moment Thao came out of the consulate with a smile on her face made it all wash away instantly. I fell to the ground and cried.(Thank-you James for helping Thao across the street while I was on the ground!)

Hang in there. Be patient. Don't lose hope. Direct your anger into building your case.

Edited June 27, 2008 by Dave_Thao

[Icarus 0]

Definitely hang in there and continue working through your current petition, that is, until it is officially closed. Always have hope, and take a look at those of us that were able to get off the AR and get the pink. Some, like mine were several months, some a little sooner (Menyoo - hey buddy!!) and some a lot longer, Wait4ever. With perserverance, patience and love will you get past all of this and be able to look back and laugh with your WIFE. Believe me, there are a lot of lonely days ahead, but if you make a plan to visit VN, it'll make that time go by much faster... and give you a chance to plan your verbal assault on the CO's

I'm gonna start a post later that all of you reading this one may find interesting...it stemmed from a conversation with my wife at the gas pump

[pasaitoh 0]

Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!

[Dave_Thao 0]

Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!

When we were denied and the consulate told us it was being sent back, I called USCIS and talked to a real person. They told me I could write a hand written motion to the consulate requesting that they keep the case there. I sent a letter asking them to please hold the case. I told them I was flying to Vietnam and I would like to rebut the CO'c decision. That didn't work. I also emailed them. This was their reply:

After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation. Your fiancée's case is now being prepared for return to the service center at which her petition was filed. A consular officer will prepare a memorandum explaining our concerns regarding the case for the service center's review. Once this process is completed, we will inform your fiancée and return all personal items submitted in support of the application to her.

If you would like to meet a consular office to discus about this case, you can request for an appointment upon your arrival in Hochiminh City. At that time, you should send your request to the Information Unit. You can send your request by fax, email or in person at the Consulate. We regret that we can schedule an appointment in advance.

Sincerely,

Info Unit Staff

Consular Section

U.S. Consulate General HCMC

Tel: (84-8) 822 9433 - ext 4636

Fax: (84-8) 824 5572

E-mail: hcmcinfo@state.gov (regarding visa issues)

acshcmc@state.gov (regarding services for U.S. citizens)

Maybe a senator or congressman could request it stay there until your attorney arrives back in HCMC. I am not sure.

Edited June 27, 2008 by Dave_Thao

[Kevin and 10]

Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!

My Rep tried to get them to keep our case in HCM, but it was too late. The Consulate said it was already gone.

Edited June 27, 2008 by Kevin and Tuyen

[Dave_Thao 0]

Anyone have any suggestion on how to go about keeping your petition at HCMC? ME won't be back until July 10th, so 13 days is a long time. Any relevant past experience would be great!

When we were denied and the consulate told us it was being sent back, I called USCIS and talked to a real person. They told me I could write a hand written motion to the consulate requesting that they keep the case there. I sent a letter asking them to please hold the case. I told them I was flying to Vietnam and I would like to rebut the CO'c decision. That didn't work. I also emailed them. This was their reply:

After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation. Your fiancée's case is now being prepared for return to the service center at which her petition was filed. A consular officer will prepare a memorandum explaining our concerns regarding the case for the service center's review. Once this process is completed, we will inform your fiancée and return all personal items submitted in support of the application to her.

If you would like to meet a consular office to discus about this case, you can request for an appointment upon your arrival in Hochiminh City. At that time, you should send your request to the Information Unit. You can send your request by fax, email or in person at the Consulate. We regret that we can schedule an appointment in advance.

Sincerely,

Info Unit Staff

Consular Section

U.S. Consulate General HCMC

Tel: (84-8) 822 9433 - ext 4636

Fax: (84-8) 824 5572

E-mail: hcmcinfo@state.gov (regarding visa issues)

acshcmc@state.gov (regarding services for U.S. citizens)

Maybe a senator or congressman could request it stay there until your attorney arrives back in HCMC. I am not sure.

I forgot to mention that I received that email on November 13 and the case file didn't leave the consulate until December 6.

[ILoveTan 0]

My Mom read through my I-129f packet yesterday and started CRYING. She said: If they don't approve you, something is seriously wrong with the system.

I think that is the point, something is seriously wrong with this system.

If you want my blunt honesty, I think HCMC consulate doubts (in general) that Americans can truly love Vietnamese and vice versa. The culture and language are soooo different, how can they fit together? And too many scams on both ends have made matters even worse. I don't know he we are ever to combat this, but there must be a way!

Tan and I are extremely (as in EXTREMELY) stressed by the prejudice and nasty comments we are getting. We trust each other completely but its hard to be far from someone and hear sh*t about them all day long. I get nice comments like: "How naive are you?? He is working you girlfriend! He just wants a greencard, viets will go to any length, no matter how they have to fake it" Not only does this offend my intelligence (as if I wouldn't know someone was faking me out) but it also implies that viets have no heart and can't fall in love. ((tell me .. is he faking crying, faking arguing and being the world's stubbornest man, faking begging me to forget everything and just come be with him in VN because he wants to die without me, and faking his b*ners, too? And the Oscar goes to TAN - best actor of countryside Vietnam!))

He gets: "When is she sending you money? Has she sent you money yet? If she is not sending you money, why are you with a foreigner? She is just going to use you in the u.s. to do her cooking and cleaning and she will never take you outside. U.S. life is no different than VN - just stay here and marry a REAL woman. Americans have no soul, she will hurt you, she can't love you like you love her." In fact, Tan has stopped speaking to his dad because his dad was saying some things he shouldn't and Tan would protect me to the death.

I know how everyone feels ... it is so hard to have to PROVE your love. How do you prove an elusive intangible? And when is the last time some cafe receipts and a plane ticket proved love? This whole thing is backwards.

and we have to hear this BS day in and day out and deal with being far apart and the worry of the legendary HCMC consulate on our shoulders. At this point, I am thinking heavily about going to VN to stay with him until his interview. He begs me for this daily and I really resent giving up this time together. We both just found the love of our lives and we have to sit on other ends of the earth? We both just waste time anyway fantasizing about each other or sitting on webcam for 5 hours like two morons.

*Funny Tan moment (for those of you familiar with his unique sense of humor) Tan showed up on a webcam in a t-shirt he had custom made that said: I LOVE WHITE PEOPLE

cracked me up. (for those of you that don't get it, he is kidding - we just have a weird non-PC sense of humor thing together)

I guess the point is, I do see why the consulate doubts this stuff but they also need to be reasonable enough to see that if someone can provide what they are looking for, they need to ease up. There ARE real relationships coming from Vietnam - not just scams. I can attest to that.

Isn't there an ALL Vietnam visa forum? Everyone could band together and perhaps actually do something to change this system. If enough people fight together, we can change things. Any thoughts?

I only wish everyone my blessing that true love WILL prevail. Keep the faith and keep fighting.

*hugs*

ILOVETAN

[pasaitoh 0]

I forgot to mention that I received that email on November 13 and the case file didn't leave the consulate until December 6.

Well that is a little bit hopeful. It took about 4 business weeks for them to send it back. Its only been 1 and a half for me. So there is hope my congressman might get it held up long enough for ME to get a whack at it.

O please, o please, o please, o please let them be slow and lazy government bureaucrats at the consulate and fast bureaucrats at my congressman's office!

Yeah I know that is a lot to ask for...

[bluegreen 0]

I just read this thread because it showed up in a little box of "similar topics" at the bottom of my screen.

I'm no help at all, and probably extremely naive, but reading all these stories just made me cry on what should (and is) a really happy day for me. I just had my GC approved today after 4.5 months. I entered the US as a visitor, plans changed, I got married, I stayed. End of story. After a year of long distance dating where we hopped on a cheap flight pretty much whenever we liked and then complained about how hard it was to be apart.

My interview today pretty much consisted of my husband and the IO trading snowboarding stories.

I know doing things the way I did (no spousal visa) makes people's blood boil, but it was an option available to me, and I took it, and I have had a remarkably smooth journey.

And so when I read your stories, my heart aches for you, and I am reminded how incredibly unfair this process is. I know exactly *why* my process was easy, and it is pretty obvious *why* it is made so difficult for you.

I'm not writing this note to gloat about my approval or come off as naive, but just to tell you that we can all see how criminal this is, even those of us on the outside who have enjoyed pleasant interactions with USCIS and their agencies, and I am pretty sure not one of us thinks it is fair, or right.

And to say good luck:) If you two can get through such an incredibly stressful process, you are set up for a lifetime.

[Jack & Xuan 0]

I'm so low I'm not expecting any help at this point, but the fact that I am trying to do something about it is keeping my head above water.

The worst part of this is having to explain to everyone you know why you didn't get the visa. And then them agreeing with you that someone must be on drugs not to approve it.

Sigh...

I am right there with you buddy. This is truely a miserable feeling. On the outside I am putting on a strong front. I am joking with people and trying to be a pillar of strength for my fiance. But on the inside I am falling apart. The shock and surprise that this is happening is turning into a cold reality and I am searching for a place in my soul to shelf it so I am not constantly tripping over it.

Although I am doing everything I can to keep the current petition alive, I am beginning to plan for round 2. Rather than filing another K1 petition and having my dream wedding/honeymoon at Niagra Falls in the US, I am thinking our best course would be to marry in Vietnam and got for the K3/CR1 visa. Maybe an effin marriage certificate will convince the CO next time that our relationship is real. I figure we should have some resolution either way on the K-1 by the end of the summer so I am looking to plan a trip to Vietnam in late October. I just have to find out what the process is for marriage over there. So if any of you guys will be in Vietnam at that time, I will buy you a bowl of Pho.

That said, I am also going to research immigration requirements to other countries. I will not stand for round 2 being denied. I love America but I refuse to let America run my life. If it take leaving the states, then that is what we will do.

I have put a lot of thought into moving to Vietnam myself. Have you thought about that? I think I will go for Xuan's interview and if she does not get her Visa for some reason I think I will just stay and renew my Visa every 6 months.

[AmericanGentleman 0]

Yes Jack, I have thought about moving to Vietnam. At least temporarily. I just cleared it with my employer that should I need to, I could work remotely, so at least I can keep my job. But the logisitics of such a move would take almost as long as a new petition unless I just drop everything.

[Kevin and 10]

I'm so low I'm not expecting any help at this point, but the fact that I am trying to do something about it is keeping my head above water.

The worst part of this is having to explain to everyone you know why you didn't get the visa. And then them agreeing with you that someone must be on drugs not to approve it.

Sigh...

I am right there with you buddy. This is truely a miserable feeling. On the outside I am putting on a strong front. I am joking with people and trying to be a pillar of strength for my fiance. But on the inside I am falling apart. The shock and surprise that this is happening is turning into a cold reality and I am searching for a place in my soul to shelf it so I am not constantly tripping over it.

Although I am doing everything I can to keep the current petition alive, I am beginning to plan for round 2. Rather than filing another K1 petition and having my dream wedding/honeymoon at Niagra Falls in the US, I am thinking our best course would be to marry in Vietnam and got for the K3/CR1 visa. Maybe an effin marriage certificate will convince the CO next time that our relationship is real. I figure we should have some resolution either way on the K-1 by the end of the summer so I am looking to plan a trip to Vietnam in late October. I just have to find out what the process is for marriage over there. So if any of you guys will be in Vietnam at that time, I will buy you a bowl of Pho.

That said, I am also going to research immigration requirements to other countries. I will not stand for round 2 being denied. I love America but I refuse to let America run my life. If it take leaving the states, then that is what we will do.

I have put a lot of thought into moving to Vietnam myself. Have you thought about that? I think I will go for Xuan's interview and if she does not get her Visa for some reason I think I will just stay and renew my Visa every 6 months.

Tuyen and I discussed me moving to VN living for a year then doing a DCF.

I thought about moving to Austrailia also.

[cjindia 0]

I went thru this in May 2007, case was sent back so fast, that congressmen and senators couldnt do anything about it. We refiled immediately and overburdened them with evidence and I personally went to the embassy, and my fiance(at the time) told them I was here for any questions. New Delhi is very nasty and can refuse visas.. but the second time around.. we were approved no problem... but we completely overburdened and at this time(8 months later),,.,the congressman was so close to the case, he wrote a letter to the embassy weeks ahead and told them the whole history and then called 2 days before.. and finally got it approved!

[Tyrobe 1]

I am so sorry to hear this. Hang in there, buddy. My wife also got the interview from this Asian man and she said that CO was one of the toughest. I wish HCMC would take into account the emotional toll their decisions affect on real lives.