update on my situation ...

[yellow123 0]

Hi guys, just wanted to update on my situation. I am writing this at 3:10 an in the morning because I will leave for Vietnam in 48 hrs. Anyways, after talking it over with my fiancee and my family we'ved decided to drop the K1 process and pursue the K3. Part of the reason is that with a K3 I could have a co-sponsor unlike my K1 where we were delayed because I didn't meet the income requirement. I always tried to cheer her up by saying over in Vietnam you have a lot of free time because you dont have a lot to do. You should enjoy your time staying there because when you're in the USA you'll be working very hard. I've done all the paperwork required to get married over there. This time I will be staying for at least 3 months because I really dont want to part with her again. My 3rd trip to Vietnam in 13 months, i never knew that it would be this difficult getting my fiancee/wife to come and live with me. But the important thing is that we have faith in each other and will continue this journey together no matter how difficult it is. Now the next step is to decide whether to pursue the K3, CR1, or the I-130 for Relative outside the US. I dont know whether I can reuse the I-129F approval for the K1 to do a spouse visa. I will do some research and keep you guys updated on what I do next.

[STL_HCMC 0]

yellow123,

I'm glad to see your post today and to see you are still pursuing this and haven't given up the fight. I was just wondering the other day what route you had taken after the interview.

There have been some recent posts on the forum lately (i.e. Kevin & Loan) regarding a Vietnam VJ couple that endured a lengthy wait. I was inspired by their refusal to give up and their determined drive to keep moving forward and exhaust every option option possible. I encourage you to find their post and read it all. If nothing else, it might give you the extra burst of determination to keep the drive going. It should be noted that a successful outcome prevailed in their case.

While I'm sure you already know, but I'll say again that we are a tight group here on the Vietnam side of VJ, so don't be a stranger here and keep us updated on the further progression of your case. As always, we'll try to help in any way we can.

There are some here who have gone through the K-3 and CR1 process, and perhaps they can lend a more detailed voice to your questions.

Best of luck to you both!

STL_HCMC

Hi guys, just wanted to update on my situation. I am writing this at 3:10 an in the morning because I will leave for Vietnam in 48 hrs. Anyways, after talking it over with my fiancee and my family we'ved decided to drop the K1 process and pursue the K3. Part of the reason is that with a K3 I could have a co-sponsor unlike my K1 where we were delayed because I didn't meet the income requirement. I always tried to cheer her up by saying over in Vietnam you have a lot of free time because you dont have a lot to do. You should enjoy your time staying there because when you're in the USA you'll be working very hard. I've done all the paperwork required to get married over there. This time I will be staying for at least 3 months because I really dont want to part with her again. My 3rd trip to Vietnam in 13 months, i never knew that it would be this difficult getting my fiancee/wife to come and live with me. But the important thing is that we have faith in each other and will continue this journey together no matter how difficult it is. Now the next step is to decide whether to pursue the K3, CR1, or the I-130 for Relative outside the US. I dont know whether I can reuse the I-129F approval for the K1 to do a spouse visa. I will do some research and keep you guys updated on what I do next.

[Matt_Stevens 5]

The K3 will add at least a year to your waiting. At least one year and maybe more and they can still deny her a visa. Think this through thoroughly. Read the thread about Kevin and Loan. There is a number in there to call when the system abuses people like this. Try that route first.

Stupid website won't let me edit my post above, whic is incorrect. This is from Kevin and Loan's post about how they triumphed...

This time, she revealed to me that there is a department inside the State Department specializes in investigating pending cases like ours. If they find nothing wrong with our case, they will press the Consulate to move on with the case. I was told to write a letter to them and she will contact them on my behalf. It was, I remember vividly, Wednesday of the third week of April. Thursday, the Consulate had someone posed as Postal Employee came to my wife’s condominium to investigate that Loan actually lived alone. I came to work Friday receiving an email from the Consulate via Mrs. C’s office saying that the case had been reviewed and approved.

PM Kevin and ask how to do the same, is my advice.

Edited June 9, 2006 by Matt_Stevens

[Kevin&Loan 0]

Hi guys --- More than any one, I am sure I can say that I know how yellow123 and may other denied applicants feel. I wish I could give you guys the contact info at the State Department but Mrs. C with Congressman Al Green did not even give me. However, I will contact her and ask her again but you must wait, she is now on her vacation till the end of this month. One thing I can do is to let you guys see a few emails she had sent me. Read through it very carefully, you will find some very valuable information

First Email:

Dear Mr. Dang

I have just been contacted by the US Consulate in HoChiMinh City, Vietnam concerning your situation. I regret the report is not more favorable in your case and the response is as follows:

"Ms. Vu submitted her documents on September 4, 2005. Her file is now pending further review by a consular officer to determine if a bona fide petitionable relationship exists between Ms. Vu and Mr. Dang. Please note that Ms. Vu will experience delays in receiving a response from our office regarding the case due to the number of cases pending review.

Case files are prepared for review based on a first-come, first-reviewed policy. We do not review cases out of sequence except when there is an urgent need to do so. Please be assured that the application and supporting information will be given every consideration consistent with U.S. law and regulations."

Please be aware you may not have exhausted all of your options. If you feel another review of your case may produce a different outcome, I urge you to file an appeal with the US Consulate in Saigon, VietNam. I am interested in this case and I want you to keep my office informed of any further action you may decide to take in this matter.

It was a privilege to assist you in this matter and I hope I can provide additional help if necessary. Please do not hesitate to contact me via my email or direct correspondence to Congressman Al Green again if we can be of further assistance.

Second Email:

Dear Kevin,

Since there are lot of sham marriages in California from VietNam, the Department of State pays more attention to Vietnamese cases, especially fiancée petitions.

I understand what you and your fiancée worry. If a case was suspected, the worst is that it will be denied. In this case, the Consulate will send a letter of denial to your fiancée and the file will be sent back to USA. The Immigration office will send you a notice of intent to revoke. You have 30 days to appeal for the decision. I recommend that you write to them immediately, don’t wait for deadline since I have cases closed after 15 days. Usually with the clarification and more documents, the case will be re-affirmed and forwarded to National Visa Center and your fiancée will have another interview. She should bring more evidences of relationship such as letters, emails, pictures, gift, phone records. Please continue building your relationship with keeping records so you can prove a bona-fide relationship and better yet, prepare an appeal letter in case it is denied.

I try to keep you in prospective so you can expect what will happen. Until the Consulate makes decision, try to talk to your fiancée and let her know the fact and ask her to be patient. If the relationship is real, you and your fiancée will be together, just matter of time for things to go through. You may write to the Consulate with more evidences submitted, hopefully they review before making decision and you can save some waiting time and let me know when you do that so I can re-inquire your case.

Third Email (read carefully)

Dear Kevin,

Yes, the pregnancy will complicate the case due to additional person, DNA testing and status change. As my knowledge, you can get married and change status. For marriage, it’s probably more legitimate if the wife is pregnant. Otherwise, it is still under scrutiny of proving a bona-fide relationship.

Since you have submitted additional evidences, it is recommended that you wait for the review. Since I have just inquired your case this month, as the courtesy, I should let the agency work it out unless the case is changed by major issue.

Our office is served as a liaison office which can inquire information and it’s up to the agency to do the favor. We ask for your understanding that we can’t ask to cut line for anyone or to influence the decision unless the matter involves with humanitarian reasons (serious illness or death).

For legal matter, please consult with an attorney. If you feel that your case is unfair, you can write directly to Department of State in Washington D.C.:

Department of State/Legal Net

Fax (202) 663-3899

Also, I happened to read an article written by Ellis_Island about K1 and K3 visas. Very useful article. I will try to find the link again and post it here for you guys

[Matt_Stevens 5]

I think it is hysterical that the Consulate continues to claim "case files are prepared for review based on a first-come, first-reviewed policy. We do not review cases out of sequence except when there is an urgent need to do so."

That is an absolutle flat out LIE. We all know it.

I Googled Legal Net Department inside the State Department in a variety of ways and came up with nothing.

Edited June 9, 2006 by Matt_Stevens

[Kevin&Loan 0]

I yahooed it before, nothing came up as well but that was the fax number I sent my letter to. Matt, no one in this forum had a more complicated case than I did and I came through, you guys will be fine. I was having the same feeling like you do now before. I was pretty nervous and anxious about everything. I promise you guys that as soon as Mrs. C comes back from her vacation, I will contact her for more info.

[Matt_Stevens 5]

My case is crippled by the fact that I have this screwed up work history for the last 18 months. Add to to that the fact that I officially made no money last year (none that I can claim) and it gets worse.

My biggest fear is they will ask her to obtain my 2005 tax transcripts, which are not yet available due to my late filing (I sent her a letter from the IRS stating the 2005 year is not available yet and hope that is enough). If they do request 2005 then I am in big trouble because it will show ZERO money coming in and since HCMC does not want to take co-sponsors, we will be screwed.

The next 3 weeks will be torture for us. We pray for a miracle.

[STL_HCMC 0]

Kevin&Loan,

Thanks for posting such detailed information for all of us here. It is details like this that keep us ahead of the game and ready with a plan of action should such undesired bumps in the road occur. Your case has passed HCMC and been approved, but you are still here on VJ helping us all out. I thank you very much for that. It is this continued support from yourself, and other already approved members that makes the Vietnam side of VJ so helpful to us and those in the future!

The knowledge chain of information starts with approved members like yourself, and those before you, and just keeps trickling down through the ranks of all of us here! Thanks for keeping the flow going.

STL_HCMC

I yahooed it before, nothing came up as well but that was the fax number I sent my letter to. Matt, no one in this forum had a more complicated case than I did and I came through, you guys will be fine. I was having the same feeling like you do now before. I was pretty nervous and anxious about everything. I promise you guys that as soon as Mrs. C comes back from her vacation, I will contact her for more info.

[STL_HCMC 0]

yellow123,

I'm certain the detailed information that followed your original post here has opened your eyes more to the options that are in front of you. As Matt_Stevens said, study your options carefully and decide what is best in the interests of both you and your fiancee. Nonetheless you have some additional avenues to choose from now, and the experience and help of Kevin&Loan, and those others already approved.

Of course none of us here ever wish for any delay of this sort for anyone, including ourselves, but I take comfort in the amount of support offered through the Vietnam side of VisaJourney and the details and options we can find here - before or after our case has passed HCMC.

Keep the light in front of you and your fiancee, and never give up the drive. In either circumstance, you have some time to study the options, and this time will never be wasted as your case is still under review by the consulate. Perhaps in that studied time excellent news will find you and your fiancee!

STL_HCMC

...I will do some research and keep you guys updated on what I do next.

[STL_HCMC 0]

Matt,

I would keep trying every other day to contact the special IRS number that Bruce_Han posted on VJ earlier this week to try and obtain the 2005 tax transcript. Use that extra bit of information you've been afforded from VisaJourney and call the IRS to explain the situation.

In a story related to this, my mother was calling the USPS the other day to inquire about the status of the birthday package she sent to my fiancee. She called 4 different times, and spoke to 4 different people. It wasn't until the 4th representative that she actually got some answers. The three previously told her they could offer her NO information, when in fact the 4th person could. How could it be?

Keep calling the IRS and see what kind of different answers you can get!

My biggest fear is they will ask her to obtain my 2005 tax transcripts, which are not yet available due to my late filing (I sent her a letter from the IRS stating the 2005 year is not available yet and hope that is enough).

As I've always said on here, keep the light in front of you and stay positive. If you don't, this process can really eat you alive. Confidence...Confidence...Confidence. I'm sure all of us still waiting are as nervous as you and your fiancee, but the situation is out of our control after we've exhausted all of the preparation we can. That is when positive thinking has to take over!

In addition, there is no stated policy that says HCMC has stopped accepting co-sponsors. It has always been known that the interviewing consular officer just has more discretion on whether or not to accept the joint-sponsor. I think you and I can't get any more solid in our joint-sponsor relationships (i.e. mother for you; father for me). If I were to guess, parents are pretty solid guarantors!

...and since HCMC does not want to take co-sponsors, we will be screwed.

As always, best of luck to you both!

STL_HCMC

[chuckandkim 0]

I must repeat what STL said, there is NO official policies in regarding of HCMC not accepting co-sponsorship.

For Yellow and Matt are both worried and making decisions under "rumors" and "hear-say" about the policy, I think it is unwise to withdraw the Petition K-1 application.

I might have missed Yellow's story, but did you actually file with co-sponsorship and they DELAYED or DENIED your fiance's visa? Delay is different, denial is just another sign to crank up your gun and go for requesting to reopen your petition with the NVC.

Don't stop unless they (HCMC) specifically give you their official reason why they DENY your fiance's visa.

Good luck, Kevin and Loan: you are my heroes

love

chuck and kim

[Kevin&Loan 0]

Thanks a lot for your kind words. I am honored to be able to help anyone here. Having somone who has "been there, done that" on this board would bring lots of comfort for many members here. Loan and I are in the middle of the process of getting AOS, green cards and many other documents. Our attorney will continue on with the case but like always, I am always on top of his work. So far, Loan loves the food, the new life and everything else here. She fits in well. No jet lag at all. She had started going to Beauty School to get her Cosmetology Lisence. She is also learning how to drive now. I am her teacher ... Go figure ... hahah

[chuckandkim 0]

you poor thing!!! making her driving your butt around town now????

wait, that would be me Kim is learning and practicing her driving everyday now, it's awesome... I don't have to drive all the times now... The view from the passenger side is pretty cool actually, especially when she drives extra closed to the parked vehicles and the lamp post gets closer and closer to you....

Keep it up, you bought her a new car already, correct? Last year, I remember??? We are currently car pooling together, her office and mine are 12 miles apart and another 22 miles to our home. Total driving each way is 34 miles for both of us. Man that's a lot of "quality time" together in the car....

I am planning a trip to Houston by then end of the summer. Hope things work out!!

[Kevin&Loan 0]

Your description on Kim's driving is so funny but it is very true to our case as well. Right now, Loan is only driving on the closed course and she is doing fine so far. Yes, I bought her a car right around the interview time because I thought she would passed the interview with flying colors ... Boy, was I ever wrong ... Thus, I had two cars so I had to get rid of my old car. And now, she is here, I have to get another one. Hey, when you come to Houston, please be sure to let me know in advance. Sorry yellow 123, I do not mean to steal your post like this.

[patricks 0]

I always get a headache when I drive with my wife (Yes, it's nice to be a passenger)

She has quick take offs, waits until the last second to stop, follows too closely (for my comfort) Yes her eyes are Ok. I always press my right foot forward when I'm sitting in the pax seat for some reason? Ha ha

It's her habits from driving the motor bike down Highway 1 from District 9 (Thu Duc) to downtown everyday.