K1 Visa saga, a journey remembered ...

[wait4ever 0]

Kevin and Loan, it is a relief to those of us in a similar situation to see someone come out of AR successfully. Kudos to you two for being strong and sticking with the process, however unpleasant that it was. Thank you for sharing your story.

I want to share news of another K-1 couple going through HCMC. They do not post on VJ. This was a case where the holdup centered around language. The fiancee claimed that they converse in Vietnamese, which they do. He was waiting outside the Consulate during her interview. The interviewing officer, who used to post here on VJ, pulled him in and had the interpreter test his ability. Jetlagged from arriving the night before, the petitioner did not perform up to the expectations of the interpreter. They got a denial and the case was sent back to the US, where it was overturned in the couples favor, and very quickly (called a re-affirmed case). It took a long time getting back to HCMC, and there was another interview and more blue slip haggling. Finally the fiancee was granted a pink slip. However, they pulled the same trick on them that they did to K&L. They told the fiancee to come down to p/u the visa, then sent her away pending a "re-review". They did this not once, but twice! Finally she was able to pick up her visa and much to their relief, they are now re-united here in the US.

That makes three recent delayed/denied cases (@ HCMC) that I know of that have had a positive outcome. I am hoping that it sets a positive precedent for the future.

[chuckandkim 0]

Any update on your case wait4ever?

[Matt_Stevens 5]

I second that question.

And I advise he contacts the ACLU as well.

[Garfield fan 0]

Very inspiring story !! Congrats and good luck to both of you !!

[wait4ever 0]

Any update on your case wait4ever?

My fiancee had her second interview last fall. It seemed to go well and I think they finally accepted our relationship as bona-fide. They gave her a blue slip pending financial questions about me an my joint-sponsor (a parent). After I answered those questions, they delayed us again under the public charge provision. It appears that they won't consider my joint sponsor, or any other joint sponsor. Their decision to do so does not seem to relate to the answers that I gave them previosly. It seems as though they just applied the no-joint- sponsorship policy to me as they have to many others across the board, in 2006. Since our case has been at HCMC since late 2002, the subject of joint-sponsorship was never an issue in our case until this year.

I am still looking for a good local attorney to come up with some options. In my first attempt I just came across a lot of dejected attorneys. They were all reeling from having joint-sponsorship paperwork sent back by the HCMC Consulate. None of them had a clue how to handle a case in AR or strategies for the "overcome" situation. Sure, they know how to fill out the paperwork, but beyond that, clueless. I am hoping an AILA attorney will be more knowledgeable and can help us overcome the serial blue slips HCMC keeps giving us.

[STL_HCMC 0]

wait4ever,

I must say that I always try to remain confident and have positive thinking, but after reading your latest reply, a little doubt crept into my mind.

As most of the Vietnam VJ's know I live/work in Vietnam; which is how I met my fiancee. Most people familiar with the standard of living in Vietnam understand that income wages here, even the "high-income" jobs, are very different than that in the United States. While I earn a very "high-income" wage in Vietnam, I'm still not much over the 2006 poverty guidelines for a household of two. In addition, the kicker in our situation is that I work for a private Vietnamese company that doesn't have any operations/offices in the United States for me to continue my work with. Thus, when my time working here ends, I'll be moving back to St. Louis with an excellent network of worldwide contacts and some very valuable international business experience, but that is all.

My income and USA return is the challenge I see in our case, as the rest of our relationship evidence (1.5 years together in Vietnam; house rental contract together; photos; vacations together; joint-name bills; etc.) is pretty solid in my opinion.

My father is our 100%, more than willing joint-sponsor. His income is far more than enough to be qualified as a joint-sponsor; even with my mom and sister still under his dependency.

My domicile in the United States is my parents home; which I moved to Vietnam from. All of my financial matters are handled through that address and I'm registered to vote there (vote absentee via HCMC Consulate).

I filed our I-129F petition when I was in St. Louis this past December for my holiday leave from Vietnam.

I'm never one to back down from a challenge; which is what keeps me going. However, I wonder how unique our case is for a K-1 visa and this consulate, and if any before have had success when the petitioner was also living in the same country as the beneficiary?

Matt_Stevens and I are in a similar joint-sponsor boat together. Our previous tax year situations are similar; both with little reported income. His interview result will be an important one for me to read.

wait4ever - I sympathize with the wait you both have already endured and continue to. So if you found another job to supplement your current income, would this all disappear and she would be approved?

I'll rest in confidence and positive thinking, and hope that an objective eye will be used when my fiancee is interviewed. I think my working experience here will make me a much more attractive candidate to employers upon returning to the United States. The most important thing, I wouldn't change the way anything has happened.

STL_HCMC

...They gave her a blue slip pending financial questions about me an my joint-sponsor (a parent). After I answered those questions, they delayed us again under the public charge provision. It appears that they won't consider my joint sponsor, or any other joint sponsor. Their decision to do so does not seem to relate to the answers that I gave them previosly. It seems as though they just applied the no-joint- sponsorship policy to me as they have to many others across the board, in 2006. Since our case has been at HCMC since late 2002, the subject of joint-sponsorship was never an issue in our case until this year.

[Matt_Stevens 5]

My advice to wait4ever would be to write every single reporter that is sympathetic to the immigration thing going on and plead your case to them. Make them cry. With any luck one of them will do a story and shed some light on this BS.

[govols 0]

Kevin,

Your story of patience is amazing! I don't know how you both ever did it. I am in awe of the love and perserverence you two have. I wish you both the very best in life and much happiness!

Karen