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Filed: K-1 Visa Country: Vietnam
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Posted

my fiancee had her interview earlier and they gave her a blue slip because they thought our relationship was not real. we had all evidence and she answered all questions correctly. I am so pissed they forced her to use a translator after she answered a few questions in english and then the translator told her to answer in vietnamese because it would be faster.

rodney

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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I am trying to get in touch with my fiancee now she was trying to talk with her lawyer and we got disconnected. she said something about them wanting further evidence of a bonafide relationship and i dont know what else i can send them. we had chat logs, photos, phone records, gifts. any thoughts?

rodney

Filed: Country: Vietnam (no flag)
Timeline
Posted
I am trying to get in touch with my fiancee now she was trying to talk with her lawyer and we got disconnected. she said something about them wanting further evidence of a bonafide relationship and i dont know what else i can send them. we had chat logs, photos, phone records, gifts. any thoughts?

rodney

How many trips have you made? Did you provide all of the receipts from them?

Posted
my fiancee had her interview earlier and they gave her a blue slip because they thought our relationship was not real. we had all evidence and she answered all questions correctly. I am so pissed they forced her to use a translator after she answered a few questions in english and then the translator told her to answer in vietnamese because it would be faster.

rodney

I am so sorry to hear this. Don't give up. I don't have much to offer other than my prayers.

Thai Mom

Posted
I am trying to get in touch with my fiancee now she was trying to talk with her lawyer and we got disconnected. she said something about them wanting further evidence of a bonafide relationship and i dont know what else i can send them. we had chat logs, photos, phone records, gifts. any thoughts?

rodney

Same thing happened my first time. We didn't have enough evidence of a bona fide relationship. I got my senator involved and his office did find out what was lacking.

They wanted pictures of me, her and her family. We didn't have anything more to submit except more emails. We were denied. Hope you have better luck than we did.

Try to keep the case at the embassy as long as you can. Once it goes back to the US you may as well start over.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Posted
making one trip was a problem i think and i planned another for her interview, but we had another manager go on maternity leave so i couldnt go. :(

rodney

LOTS of people get by with only one trip. I didn't first time around but second time I made a point of doing more than one trip. No problems with the second immigration process but I had tons more pictures and evidence.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Country: Vietnam (no flag)
Timeline
Posted
making one trip was a problem i think and i planned another for her interview, but we had another manager go on maternity leave so i couldnt go. :(

rodney

O.K., if it were me I would contact Ellis, retain him and go there when the evidence is resubmitted if possible. It really sucks that you have to go to these extremes.

Filed: Country: Vietnam (no flag)
Timeline
Posted
making one trip was a problem i think and i planned another for her interview, but we had another manager go on maternity leave so i couldnt go. :(

rodney

LOTS of people get by with only one trip. I didn't first time around but second time I made a point of doing more than one trip. No problems with the second immigration process but I had tons more pictures and evidence.

This is HCMC, not Manila. Some get by with only one trip to Viet Nam, but they appear to be few and far between. I'm actually amazed when a couple make it through with only one trip there.

Filed: Country: Vietnam (no flag)
Timeline
Posted
I just feel so hopeless now and am not sure what too do or where too turn. feels like the life is sucked out of me. i tried to call consulate, but they wont let you talk to an american apparently in charge.

rodney

There have been many others on here that have gone through the same thing you are going through so don't despair! I can think of 3 or 4 that are currently dealing with this and one that just got the pink today. Hang in there.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
my fiancee had her interview earlier and they gave her a blue slip because they thought our relationship was not real. we had all evidence and she answered all questions correctly. I am so pissed they forced her to use a translator after she answered a few questions in english and then the translator told her to answer in vietnamese because it would be faster.

rodney

Hi Rodney, The VO was either inexperienced or just jerking you around. The K-3 visa is where you have to demonstrate a bonified relationship ie marriage. Here is a case from the USCIS website that clarifies what is needed to qualify for a fiance visa. To summarize the requirements it says that you have to have met in person in the previous two years, That you have demonstrated that you want to get married ( your letters of intent), and that you are able (ie single or divorced) to get married within 90 days. Good luck with this.

PS if you want to look this up yourself and see the actual order go to the USCIS homepage and click Laws and Regulations at top, then click on Administrative Decisions, The one on the left, then click the Adiminstrative Decisions at the bottom of the paragraph, then scroll down to D6. This case was from Jan, 07. Bring this up yourself, have your senator do it, or give it to your attorney.

PUBLIC COPY then

U.S. Department of IEomeland Security

20 Mass. Ave., N.W., Rm. 3000

Washington, DC 20529

U.S. Citizenship

and Immigration

k

FILE: Office: NEBRASKA SERVICE CENTER Date:

LIN 05 023 53986 JAN 0 8 2007

PETITION: Petition for Alien Fiance(e) Pursuant to Section 101(a)(15)(K) of the Immigration and

Nationality Act, 8 U.S.C. 5 1 101 (a)(lS)(K)

ON BEHALF OF PETITIONER:

INSTRUCTIONS:

This is the decision in your case. All documents have been returned to the office that originally decided your

case. Any further inquiry must be made to that office.

Robert P. Wiemann, Chief

Administrative Appeals Office

Page 2

DISCUSSION: The Director, Nebraska Service Center approved the nonimmigrant visa petition but

subsequently revoked that approval. The matter is now before the Administrative Appeals Oflice (AAO) on

appeal. The appeal will be sustained. The director's revocation of the approved petition will be withdrawn.

The petitioner is a citizen of the United States who seeks to classify the beneficiary, a native and citizen of

Albania, as the fiancke of a United States citizen pursuant to section 1 Ol(a)(l 5)(K) of the Immigration and

Nationality Act (the Act), 8 U.S.C. 5 1 10 1 (a)(15)(K).

The director revoked the nonimmigrant petition after determining that the petitioner had failed to submit

sufficient evidence to establish that she and the beneficiary had a "bonafide relationship." The director cited

concerns raised by the beneficiary's interview with a consular officer at the U.S. Embassy in Tirana, Albania,

subsequent to Citizenship and Immigration Services' (CIS) approval of the petition benefiting him. Decision of

the Director, dated April 3, 2006.

The issue before the AAO is whether the petitioner has overcome the grounds for revocation.

Section 1 Ol(a)(l 5)(K) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj 1 101(a)(15)(K), provides

nonimmigrant classification to an alien who:

(i) is the fiance(e) of a U.S. citizen and who seeks to enter the United States solely to conclude a

valid marriage with that citizen within 90 days after admission;

(ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the

beneficiary of a petition to accord a status under section 201(B)(2)(A)(i) that was filed under

section 204 by the petitioner, and seeks to enter the United States to await the approval of such

petition and the availability to the alien of an immigrant visa; or

(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following

to join, the alien.

Section 214(d) of the Act, 8 U.S.C. 5 1 184(d), states, in pertinent part, that a fianck(e) petition:

. . . shall be approved only after satisfactory evidence is submitted by the petitioner to establish

that the parties have previously met in person within two years before the date of filing the

petition, have a bona fide intention to marry, and are legally able and actually willing to conclude

a valid marriage in the United States within a period of ninety days after the alien's arrival. . . .

The petitioner filed the Petition for Alien Fiance(e) (Form I-129F) with Citizenship and Immigration Services on

November 1, 2004. It was approved by the director on February 11, 2005, but returned to CIS following the

beneficiary's interview at the U.S. Embassy in Tirana on August 26, 2005. The Department of State consular

officer who conducted the interview determined that the beneficiary was not eligible to receive a visa because his

relationship to the petitioner was not "bonafide" and he, therefore, did not have "the required family relationship

or civil status to qualify for the immigration category sought."

The director issued a notice of intent to deny, requiring the petitioner to submit evidence within 60 days to

establish her relationship with the beneficiary. Decision of the Director, dated November 15, 2005. The

Page 3

petitioner responded to the director's request on January 4, 2006. The materials provided by the petitioner to

establish the genuineness of her relationship with the beneficiary included: a letter written by the petitioner

stating her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent

money to the beneficiary.

On April 3, 2006, the director revoked approval of the Form 1-129, stating that, the petitioner had failed to

respond to the Service's request for evidence. On appeal, counsel asserts that the petitioner had timely submitted

additional evidence and provides the USCIS Case Status printout in support of this assertion. Form I-290B. As

the USCIS Case Status printout shows, the applicant submitted additional evidence on January 4,2006. As such,

the AAO will consider the evidence to be timely. Counsel re-submitted the letter written by the petitioner stating

her intent to marry the beneficiary, and copies of Western Union receipts in which the petitioner had sent money

to the beneficiary.

Section 214(d) of the Act states that CIS shall approve the Form I-129F when a petitioner submits evidence to

establish that helshe and the beneficiary have met within the two-year period immediately the filing of the Form

I-129F, have a bonafide intention to marry and are legally able and willing to marry within 90 days of the

beneficiary's arrival in the United States. In revoking the instant petition, the director appears to have imposed an

additional requirement on the petitioner - establishing the genuineness of her relationship to the beneficiary.

However, no such requirement exists for the approval of a Form I-129F and the AAO finds the director to have

erred in imposing it. While section 2 14(d) of the Act stipulates that the petitioner must establish that she and the

beneficiary have a bonafide intention to marry, this language is not synonymous with a requirement that the

petitioner establish the closeness of their relationship. The AAO has found nothing in the record to indicate the

petitioner and beneficiary do not intend to marry within 90 days of the beneficiary's arrival in the United States.

The AAO notes the concerns expressed by the consular officer and, subsequently, the director regarding the

beneficiary's lack of a close relationship to the petitioner. However, as just noted, section 214(d) of the Act does

not require the beneficiary to be knowledgeable regarding the petitioner or her history, nor that CIS evaluate the

closeness of the fiance(e) relationship before approving the petitioner's Form I-129F. Instead, it allows for the

approval of the Form I-129F when the petitioner and beneficiary have met no more than once during the two-year

period preceding the date of filing and may never have met previously. Accordingly, the reservations expressed

by the consular officer and the director are not probative for the purposes of these proceedings.

The director's revocation of the instant petition is based solely on the petitioner's failure to submit sufficient

evidence to establish the genuineness of his relationship to the beneficiary. As the director erred in imposing such

a requirement on the petitioner, the AAO finds the petitioner to have overcome the basis for the director's

revocation of the instant petition. Accordingly, the AAO will sustain the petitioner's appeal and withdraw the

director's revocation of the petition.

The burden of proof in these proceedings rests solely with the petitioner. Section 29 1 of the Act, 8 U.S.C. 5 136 1.

The petitioner has sustained that burden.

ORDER: The appeal is sustained. The revocation is withdrawn. The petition is approved.

 
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