Case rejected at HCMC and sent back to USCIS what do I do now?

[Dai. 7]

Lolly and associates are handling my case. They will review the case and find out the reason for my rejection and freeze the case and keep it from being sent back for $500 additional services after that are more. Its worth it to keep the case from being sent back and finding out the correct course of action to take to make sure you dont make any more mistakes.

Sounds like a WISE move. Let me know how it works out for you. I may need their number. Are they state-side lawyers or in HCMC?

Good luck

Holmes and Lolly was one of the lawyers I was planning on using but them tried so hard to tell me I should get married in Thailand instead of Vietnam. That really turned me off when they tried to push me hard to do that. I decided to use a Vietnamese Attorney with experience with immigration in Vietnam.

This is Holmes and Lolly's website

http://www.fianceevisas.com/

[Teacher Mark 53]

Lolly and associates are handling my case. They will review the case and find out the reason for my rejection and freeze the case and keep it from being sent back for $500 additional services after that are more. Its worth it to keep the case from being sent back and finding out the correct course of action to take to make sure you dont make any more mistakes.

Sounds like a WISE move. Let me know how it works out for you. I may need their number. Are they state-side lawyers or in HCMC?

Good luck

Holmes and Lolly was one of the lawyers I was planning on using but them tried so hard to tell me I should get married in Thailand instead of Vietnam. That really turned me off when they tried to push me hard to do that. I decided to use a Vietnamese Attorney with experience with immigration in Vietnam.

This is Holmes and Lolly's website

http://www.fianceevisas.com/

That's actually an interesting idea. I'm assuming they would have wanted the interview to be in Thailand? I had considered trying that.

Edited February 11, 2009 by Joe Six-Pack

[Jack & Xuan 0]

Lolly and associates are handling my case. They will review the case and find out the reason for my rejection and freeze the case and keep it from being sent back for $500 additional services after that are more. Its worth it to keep the case from being sent back and finding out the correct course of action to take to make sure you dont make any more mistakes.

Sounds like a WISE move. Let me know how it works out for you. I may need their number. Are they state-side lawyers or in HCMC?

Good luck

Holmes and Lolly was one of the lawyers I was planning on using but them tried so hard to tell me I should get married in Thailand instead of Vietnam. That really turned me off when they tried to push me hard to do that. I decided to use a Vietnamese Attorney with experience with immigration in Vietnam.

This is Holmes and Lolly's website

http://www.fianceevisas.com/

If something happens where our case is denied in Vietnam then that is what I am going to do. Looking back, that is what I should have done in the first place. I thought about going with them as well. I should have listened to them I think. We will see.

That's actually an interesting idea. I'm assuming they would have wanted the interview to be in Thailand? I had considered trying that.

[Teacher Mark 53]

Lolly and associates are handling my case. They will review the case and find out the reason for my rejection and freeze the case and keep it from being sent back for $500 additional services after that are more. Its worth it to keep the case from being sent back and finding out the correct course of action to take to make sure you dont make any more mistakes.

Sounds like a WISE move. Let me know how it works out for you. I may need their number. Are they state-side lawyers or in HCMC?

Good luck

Holmes and Lolly was one of the lawyers I was planning on using but them tried so hard to tell me I should get married in Thailand instead of Vietnam. That really turned me off when they tried to push me hard to do that. I decided to use a Vietnamese Attorney with experience with immigration in Vietnam.

This is Holmes and Lolly's website

http://www.fianceevisas.com/

If something happens where our case is denied in Vietnam then that is what I am going to do. Looking back, that is what I should have done in the first place. I thought about going with them as well. I should have listened to them I think. We will see.

That's actually an interesting idea. I'm assuming they would have wanted the interview to be in Thailand? I had considered trying that.

Edited February 11, 2009 by Joe Six-Pack

[bryonm4 0]

I had contacted them about doing a K3 visa they told me to get married in Thailand also that was before I decided to do the K1 in Vietnam. I did email them my situation here was there reply it has me worried now if im doing the right thing with Marcus Ellis or not

Byron,

Thank you for contacting us. We obtain more than 1,400 K visas per year from more than 130 countries, including Ho Chi Minh. Our office has handled visa refusals for years. We should be in a good position to advise properly on this matter.

There is a good chance that your fiancee is barred from the U.S. based on what you wrote below. There is a very good chance that marrying her will not solve the problem given the bar. The findings of the Consulate should be challenged, but depending on what exactly happened. It is imperative to understand the findings of the Consulate based on what was filed and the impact of its decision on any further attempt at immigration by her. What we file in our cases is likely different than what you filed. When we file we are more aware of issues and take steps to help protect your rights. For this reason, it makes sense to first review the file and conclusions of the Consulate before taking further steps.

Our fee to review and advise on a K visa refusal is $500. Once we know where we stand then we will advise you and you can decide how you want to proceed from that point forward. We can likely have this done by the time you want to marry in Vietnam. In the meantime, you should try and have the case held at the Consulate pending our review.

As a general rule, we do not advise our clients to marry in Vietnam. At that point the Consulate knows you are out of options and will deny, often simply because they can do so and there is nothing more you can do. You should stop acting on your own. In many cases, the foreigner simply cannot enter the U.S. due to errors. Our phone hours are Monday through Friday, 7 a.m. to 4 p.m., PT. Thank you.

[Melrose Plant 1]

I would take their advice with a grain of salt, for two reasons: 1) They can't get your name right, evidently. Details, details. 2) They make a living from scaring people into hiring them. It's easy to see that just reading the home page of their website. And let's face it. They are Russian specialists. Vietnam is a whole 'nother ballgame. Marc Ellis lives in Saigon at least half the time, maybe more. Homeboy and Lollipop don't.

[Teacher Mark 53]

I would take their advice with a grain of salt, for two reasons: 1) They can't get your name right, evidently. Details, details. 2) They make a living from scaring people into hiring them. It's easy to see that just reading the home page of their website. And let's face it. They are Russian specialists. Vietnam is a whole 'nother ballgame. Marc Ellis lives in Saigon at least half the time, maybe more. Homeboy and Lollipop don't.

[What's next 1]

I had contacted them about doing a K3 visa they told me to get married in Thailand also that was before I decided to do the K1 in Vietnam. I did email them my situation here was there reply it has me worried now if im doing the right thing with Marcus Ellis or not

Byron,

Thank you for contacting us. We obtain more than 1,400 K visas per year from more than 130 countries, including Ho Chi Minh. Our office has handled visa refusals for years. We should be in a good position to advise properly on this matter.

There is a good chance that your fiancee is barred from the U.S. based on what you wrote below. There is a very good chance that marrying her will not solve the problem given the bar. The findings of the Consulate should be challenged, but depending on what exactly happened. It is imperative to understand the findings of the Consulate based on what was filed and the impact of its decision on any further attempt at immigration by her. What we file in our cases is likely different than what you filed. When we file we are more aware of issues and take steps to help protect your rights. For this reason, it makes sense to first review the file and conclusions of the Consulate before taking further steps.

Our fee to review and advise on a K visa refusal is $500. Once we know where we stand then we will advise you and you can decide how you want to proceed from that point forward. We can likely have this done by the time you want to marry in Vietnam. In the meantime, you should try and have the case held at the Consulate pending our review.

As a general rule, we do not advise our clients to marry in Vietnam. At that point the Consulate knows you are out of options and will deny, often simply because they can do so and there is nothing more you can do. You should stop acting on your own. In many cases, the foreigner simply cannot enter the U.S. due to errors. Our phone hours are Monday through Friday, 7 a.m. to 4 p.m., PT. Thank you.

500 hundred for advise? good lord. they probably gonna tell you the same thing the denial letter says. based on the accounts on this forum, there's a slim chance that your case will not be sent back to uscis. there's only a few cases where the case was kept back, and those were from a while ago, nothing recent. once your case gets back here, it's over. in theory you can appeal, but the percentages are against you. really really against you. i would cancel your k1 and do a cr1. it's your only out. save the atty money, and go visit her in vn. get your vietnamese marriage lic and apply for a cr1.

[Brianandphuong 0]

For $500 the lawyer is finding out why the visa was refused. I have spoken with Lolly and Ellis on this matter and both have said I have to find out why it was refused. If i do not find out what the problem was and fix it then the next time around with a CR1 or K-3 it could be denied again because my fiance will have a mark next to her name because she was refused already. Lolly said they will try and freeze there case at the consulate and see what they can do to appeal. For $500 dollars its worth it to me, I want to make sure next time around I do this right and fix what we didnt do right this time.

[bryonm4 0]

For $500 the lawyer is finding out why the visa was refused. I have spoken with Lolly and Ellis on this matter and both have said I have to find out why it was refused. If i do not find out what the problem was and fix it then the next time around with a CR1 or K-3 it could be denied again because my fiance will have a mark next to her name because she was refused already. Lolly said they will try and freeze there case at the consulate and see what they can do to appeal. For $500 dollars its worth it to me, I want to make sure next time around I do this right and fix what we didnt do right this time.

Brian how do you know for sure they were able to freeze it there just by what they told you? I don't mean to sound negative but when I got the email from the consulate it was 2 days after my case was sent back. You had posted that they sent you an email stateing the case is being or was sent back. The visa goes in a pouch and it takes a few months to get back here. I would contact your congressman they have a special email address and fax number thats not available to the public they can find out if it was sent back or froze there. If it is froze then I agree it is worth the 500. I pray that it is froze before it comes back.

Good Luck

[Sylvia_n_Joseph 3]

You should not cancel the K1. Marc Ellis says that is the biggest mistake most people make. Once you cancel the K1 whatever they returned the petition for ends up being recorded as fact. You have to either rebut the findings if they review it ( doesn't happen a lot with k1's ) or just let it rest and address it in the next petition. Cancelling the K1 and trying for a K3 doesn't help unless you can refute the original reject reason.

[Dave_Thao 0]

You should not cancel the K1. Marc Ellis says that is the biggest mistake most people make. Once you cancel the K1 whatever they returned the petition for ends up being recorded as fact. You have to either rebut the findings if they review it ( doesn't happen a lot with k1's ) or just let it rest and address it in the next petition. Cancelling the K1 and trying for a K3 doesn't help unless you can refute the original reject reason.

That sounds like what Ellis told me when our K1 was denied returned in 2006. Ellis and I prepared our case for an appeal just in the event CSC decided to review it. In May '07 I had my congresswoman contact CSC to see what was going on and CSC replied to her that our case had expired and I may file a new one. I used that email in my new petition to show the consulate that CSC told me the returned case was expired and they will not review it. I also included all the evidence for the appeal(which never happened) and put that in the new petition. Ellis and I rebutted all the reasons the consult sent the petition back and showed them how they were wrong in doing so. The new K1 petition had every scrap of evidence I had at the time and was about 4 inches thick. I wanted to make sure the consulate saw everything before the interview. In May 2008 Thao got her pink slip. It appeared the CO was satisfied with the evidence because he only asked 7-8 simple questions.

Good Luck to all who have been denied. There is always hope.

[Brianandphuong 0]

Here is what Ellis had to say on the matter. Im just waiting this out to see what happens. Once I see the results I will go from there OK...

Hi. The consulate is incorrect. K-1 petitions won't be reviewed by USCIS as of 5/23/2008.

At least they're definitely not reviewed in the California Service Center. You should file again.

And you must rebut the consulate's conclusions about the case.

If the case is closed at the consulate - it's no longer there. The entire file would have been returned to USCIS.

Marriage & a CR-1 are options - but they are not silver bullets. Your case had some problems (either real or

perceived) at the consulate. You need to (a) learn what they are and (B) correct them for the next time around.

[Jack & Xuan 0]

Here is what Ellis had to say on the matter. Im just waiting this out to see what happens. Once I see the results I will go from there OK...

Hi. The consulate is incorrect. K-1 petitions won't be reviewed by USCIS as of 5/23/2008.

At least they're definitely not reviewed in the California Service Center. You should file again.

And you must rebut the consulate's conclusions about the case.

If the case is closed at the consulate - it's no longer there. The entire file would have been returned to USCIS.

Marriage & a CR-1 are options - but they are not silver bullets. Your case had some problems (either real or

perceived) at the consulate. You need to (a) learn what they are and (B) correct them for the next time around.

So how much help was the conversation?

[Brianandphuong 0]

That was his email reply Jack... Dont worry I will keep everyone updated as things progress