Really upset now, can anyone help?

[Rodney n. 0]

cos are a bunch of asses. i talked with my fincee and they didnt even look at evidence. now they want a handwritten time line. i gave them handwritten timeline in my 129 then i gave another one for the interview, damn crooks.

rodney

[Teacher Mark 53]

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.

This is good information and I'm sure the CO's there are aware of it. They don't seem to care about the law there.

[Rodney n. 0]

co asked for fiancees high school and college records also. #######. i guess i better write this new timeline just in case. i forgot to put date i proposed in other. better cover all my bases

rodney

petitioner: in a sworn, notarized statement, please provide a detailed chronology ( timeline ) of your relationship. please explain clearly when and

van lam: ho you first met, how you were introduced and when you began corresponding with eac other, when you felt your relationship became serious,

van lam: date and circumstances of marriage proposal ( location, time palce, situation, setting, etc...). did apouse/fiance(e) propose in person or by phone?

rodney: they make me mad. i already gave that one to you

rodney: they dont even look at it

rodney: i have it notorized and everything

van lam: where were you when s/he proposed ( give exact location )id you eccept immediately or ask for time to think about it? if s/he did you officially

van lam: propose, when did you first discuss marriage? how many trips did you make to Vienam to visit your spouse/fiance'(e)? how many times have you seen him

van lam: in total? how long did stay each visit?

zero nguyen: please give as many details as possible.

[PeterFB 0]

Rodney

Sorry to hear about getting the blue slip. However, the Consulate is acting exactly like any US government body. Apparently the original timeline you gave them wasn't enough. At that point, the interview was over so to speak. Your fiancee wasn't able to or didn't try to change the CO's mind at the interview (Trying to change the CO's mind at the interview usually happens in only a few cases). The policy seems to be give out the blue slip when there's not enough information to satisfy the CO in the original I-129f. Usually they don't look at the evidence brought to the interview to satisfy the blue slip. It seems they are more interested in following procedure, ie blue slip has to be replied to after the interview not during even if the evidence is available because that's the procedure.

So the best thing for you to do is respond to the blue slip with everything they want and you're probably will get the pink.

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

[Rodney n. 0]

just so frustrating that they didnt even look at the evidence. she answered all their questions correctly. guess i better write the new time line with exact dates of everything.

rodney

[tway22 0]

We were asked for a timeline of our relationship as well, along with her relative and friends addresses in the US, and my credit card statements of my plane ticket purchases. After submitting last week, we go pink. My wife is picking up her Visa today. Hope you have good luck after submitting them.

[CoolHand2x2y2z 0]

I'm so sorry, Rodney.

Try to do what you can to make it work out. Hang in there.

[Rodney n. 0]

just upsets me they didnt even look at any evidence because i had timeline in there.

rodney

[Melrose Plant 1]

Sorry to hear this news, Rodney. I am sure things will work out in the end.

[chuckandkim 0]

Rodney,

Are you calm down yet? My heart goes out to you brother, it sux! But you know what, keep this in mind: The C.O. is there NOT to please ANYONE but to do their job: Obtain quality valid information and evidence to make an informed decision, and to mitigate risks of approving a fraudulen case!

Have you done your homework and cover your bases to ensure that your case would give the C.O. that warm and fuzzy feeling when they review your case "Wow, he really loves her! BAMM Pink Slip - Visa in hand for you"

Blue slip is NOTHING to worry about, even GREEN or what not. This is a Delay tactic so C.O. can have more time to review your case and most important: Am I making the right decision based on the evidence this petitioner provided me, to approve or not approve? Most of the times, if they have any doubt, they'll give you the blue/green slip, asking for more evidence, EVEN evidences you previously already submitted.

Put it this way: After all, the blue slip gives you exactly what they are looking for, and it's not hard to supply those: Timeline (handwritten) and a "LOVE STORY" essay. Too easy Rodney, you can write a heartfelt love story, especially if it is your own JUST DO IT, and think BIG PICTURE: My ultimate goal is to obtain a convincing approval for a VISA to bring my wife/fiance here with me. Everything else just: potholes on the road on this Visa Journey brother!

Get it going fast!

P.S. They are NOT denying your petition, just delaying it for further review!

[craig5977 58]

Very sorry to hear about your bad luck. Give them what they ask for, you should be fine. Just remember, they have one copy of evolution of your relationship.Do not change any dates just add more detail to it.Or add any dates you deem necessary and you should be fine.

It seems blue slips are common as rain anymore at HCMC. You should have an easy overcome.

Good Luck

[pasaitoh 0]

Having just overcome the HCMC Consulate, the number one piece of advice I have is make sure you take your time writing up the relationship statement. Don't rush. Make sure everything is correct, and make sure you talk to your fiancee carefully. We could have avoided weeks of stress, if I had asked Ngoc some detailed questions about the interview, instead of blindly providing what the CO asked for. Basically we could have avoided the whole mess if I had just used Ngoc's way of addressing my friend as her "Uncle Binh", instead of trying to be accurate by saying second cousin (honestly I found out later the correct way to define the relationship is 1st cousin once removed -- Thanks ME -- so we were both wrong compounded with the translator gaff).

In my experience, and what I have learned in this process, is the COs determine initially if they will blue sheet it, without even looking at your evidence. After you return fulfilling the requirements of the blue sheet, then they consider your evidence. It seems that the requirement has changed in June as to what they ask for on the blue sheet. A typewritten relationship timeline was fine in mid June, but at the end of June it was required to be hand written. This was also one thing that really upset me, was that they seem to bluesheet nearly everyone, so they should ask you to bring the stuff they bluesheet for in advance. My only theory is that they think blue sheeting folks will discourage fraud somehow. Otherwise it seems to just create more work for them. Also for some reason, the HCMC consulate doesn't seem to look or doesn't receive the documents you submitted when you initially file (otherwise our green sheet would have been totally void)

So just talk to your fiancee carefully. Write up your timeline. Take a deep breath.

Good luck!

[LuckyDucky 0]

I'm sorry to hear it, Rodney. Don't get discouraged! They did the same thing to me: I submitted a timeline of our relationship for the first interview on the advice of others on here. They still asked for another one! So I sent a letter that was twice as long with many more details. As in your case, I don't think they even looked at my submitted timeline that I sent for the interview.

You may want to give your fiancee some time to study your letter, too, just to make sure she knows all the facts that are listed in it. Not that I doubt your true feelings for each other, but it seems the consulate will sometimes latch onto any inconsistency and it may cause trouble down the road. I had my fiancee read my letter a few times and went over it with her so she knew everything contained inside it. It's weird, because it felt like we were "getting our stories straight" even though our love IS real. It's just put under so much scrutiny that we wanted to make sure we didn't say different things.

Stay positive! It seems like the consulate in HCM only provides pink slips to a very small percentage of people at the first interview.

Best of luck!

[visao 1]

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.

We passed K-1 interview with only one trip & no engagement party. Thanks God

[don2008 0]

hi rod

i had the same. we got the green first, asking for a timeline and more evidence. TAKE YOUR TIME writing the timelime, get everything straight with her before you send it. i typed mine first and sent it to my fiancee to proof it and we made alot of corrections. i also just had her print more emails and phone bills and found a few more pics to tun in. they didnt even read my timeline or the emails. my fiancee said she just waited there for a few hours they later they told her she was missing 1 copy of the DS156 so they gave her the blue then the next day she got the pink. what it seems like to me is they want to give you the pink but they want to make you jump through a few hoops first. just get your timeline looking good and i think youll be fine. i didnt hire ME for mine, i decided to try it on my own first and i did fine. i think youll be ok too.