Please help!!!Denied I130 sent back to the USCIS

[Clinton W 0]

Hi everyone,

I am trying to bring my wife from Vietnam.

In 2005 I filed a K1 Case for my wife and it was denied.

In 2008 I refiled for CR1 and it got send back to the USCIS. They denied it because a few ridiculous reasons.

It is current at the Service Center for review.

I talked to couple office including lawyers and they told me different things.

Some told me that I can refile another CR1 case.

The others told me that I have to wait until the USCIS send me the information and then I will have to rebuttal. The only time I can refile is after everything is done with the previous case.

Please help. I am desperately need advice. It has been 4 years I have been trying. This is very unfair.

[queuedup 1]

Hi everyone,

I am trying to bring my wife from Vietnam.

In 2005 I filed a K1 Case for my wife and it was denied.

In 2008 I refiled for CR1 and it got send back to the USCIS. They denied it because a few ridiculous reasons.

It is current at the Service Center for review.

I talked to couple office including lawyers and they told me different things.

Some told me that I can refile another CR1 case.

The others told me that I have to wait until the USCIS send me the information and then I will have to rebuttal. The only time I can refile is after everything is done with the previous case.

Please help. I am desperately need advice. It has been 4 years I have been trying. This is very unfair.

Please post the reasons you were denied, then people can help.

[Minya's wife 25]

Hi everyone,

I am trying to bring my wife from Vietnam.

In 2005 I filed a K1 Case for my wife and it was denied.

Why was the K-1 denied? Did you make sure that initial I-129F was cancelled w/ USCIS before you filed the IR-1?

In 2008 I refiled for CR1 and it got send back to the USCIS. They denied it because a few ridiculous reasons.

What ridiculous reasons?

It is current at the Service Center for review.

I talked to couple office including lawyers and they told me different things.

Some told me that I can refile another CR1 case.

The others told me that I have to wait until the USCIS send me the information and then I will have to rebuttal. The only time I can refile is after everything is done with the previous case.

Please help. I am desperately need advice. It has been 4 years I have been trying. This is very unfair.

You cannot just re-file. The CR visa was denied at the consulate and sent back to USCIS. You will have to wait to 'finish' the precious petition, before you can file a new one.

[No-Where-Man 147]

Hi everyone,

I am trying to bring my wife from Vietnam.

In 2005 I filed a K1 Case for my wife and it was denied.

In 2008 I refiled for CR1 and it got send back to the USCIS. They denied it because a few ridiculous reasons.

It is current at the Service Center for review.

I talked to couple office including lawyers and they told me different things.

Some told me that I can refile another CR1 case.

The others told me that I have to wait until the USCIS send me the information and then I will have to rebuttal. The only time I can refile is after everything is done with the previous case.

Please help. I am desperately need advice. It has been 4 years I have been trying. This is very unfair.

whats the reasons they stated for the denial they sent u the first time or the second if u got it ?!

[Clinton W 0]

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Beneficiary is unaware of basic facts of Petitioner’s occupational background. For example, Beneficiary was unaware who Petitioner’s employer is and how long Petitioner has been at his current occupation. Beneficiary’s account of Petitioner’s work history did not match Petitioner’s work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

Beneficiary is unaware of basic facts of Petitioner’s locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner’s sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner’s sister’s husband. Beneficiary then claimed Petitioner’s sister’s husband was a college classmate of Beneficiary’s friend. Beneficiary does not know what school Petitioner’s sister’s husband and Beneficiary’s friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner’s claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner’s signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

[Beth/ Paris Heart 2]

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Beneficiary is unaware of basic facts of Petitioner’s occupational background. For example, Beneficiary was unaware who Petitioner’s employer is and how long Petitioner has been at his current occupation. Beneficiary’s account of Petitioner’s work history did not match Petitioner’s work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

Beneficiary is unaware of basic facts of Petitioner’s locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner’s sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner’s sister’s husband. Beneficiary then claimed Petitioner’s sister’s husband was a college classmate of Beneficiary’s friend. Beneficiary does not know what school Petitioner’s sister’s husband and Beneficiary’s friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner’s claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner’s signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

WOW!!! Im so sorry, I suggest you contact a immigration attorney, PM me, I wil give you a name and email of one, and he has a a office in Vietnam!!!

[No-Where-Man 147]

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Beneficiary is unaware of basic facts of Petitioner’s occupational background. For example, Beneficiary was unaware who Petitioner’s employer is and how long Petitioner has been at his current occupation. Beneficiary’s account of Petitioner’s work history did not match Petitioner’s work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

Beneficiary is unaware of basic facts of Petitioner’s locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner’s sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner’s sister’s husband. Beneficiary then claimed Petitioner’s sister’s husband was a college classmate of Beneficiary’s friend. Beneficiary does not know what school Petitioner’s sister’s husband and Beneficiary’s friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner’s claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner’s signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

WOW!!! Im so sorry, I suggest you contact a immigration attorney, PM me, I wil give you a name and email of one, and he has a a office in Vietnam!!!

its really clear that they build their decision depending on the beneficiary answers on the interview made at the embassy

K1 denied for these reasons u mentioned above that mostly happened on the interview (K1 is a waste of time)

i gues they return back the CR as they found a lack of informations again ...

im in agreement with Paris that you need a lawyer ..tht will make it simple isA ..and learn from mistakes ..keep reading

Good Luck

[Minya's wife 25]

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

How many days have you and your wife spent together? Did you include sample photos from all the time you physically spent together? Look at the photos....are there only 3-4 changes of clothing in the photos? Do they have date stamps?

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Did you take care to address this fact? It sounds like long courtship and pre-nuptial arrangements are the cultural norm in Vietnam...you did something outside the norm. This should have been addressed before or during the interview by your wire. That while you know what the cultural norm is, you did it differently because of 'love at first sight' or whatever the case may be.

Beneficiary is unaware of basic facts of Petitioner's occupational background. For example, Beneficiary was unaware who Petitioner's employer is and how long Petitioner has been at his current occupation. Beneficiary's account of Petitioner's work history did not match Petitioner's work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

This is important...why would your wife not know basic facts, like what the company name is, how long you've been working there, and what your employment history is? The presumption is that your wife should know these things. The fact that your wife does not speak english should not matter as she was (I presume) given a choice to interview in her native language....so the language barrier would not be a problem.

Beneficiary is unaware of basic facts of Petitioner's locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

This goes to the same fact...it sounds like the interviewer was not satisfied that your wife knew enough about you as is usually the case if one is truly married.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner's sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner's sister's husband. Beneficiary then claimed Petitioner's sister's husband was a college classmate of Beneficiary's friend. Beneficiary does not know what school Petitioner's sister's husband and Beneficiary's friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner's claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner's signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

Is there that much of a difference between the two signatures? If so, this will also need to be explained, just as you've done here.

This is a lot of detail, and unfortunately it just looks like your application was ill-prepared and that your wife was just not able to answer questions requiring basic facts about you. She may have been unfomfortable, nervous....whatever, but unfortunately she was not prepared. The visa was denied due to the fact that they suspect your marriage is fraudulent. You will definitely have to get an attorney, preferably one that is familiar with the consulate in Ho Chi Minh City. With a ruling such as this one, a re-filed petition will undoubtedly face the same scrutinies as the previous one, and you'll have to make sure you address all their points to have any success.

[YuAndDan 153]

You will need to appeal the decision on the CR-1 case, IT WILL come back to bite you if you attempt to to file another petition.

In the case of a denied K-1, since in many cases with "Slow" consulates, if the consulate denied the K-1 after the I-129F NOA2 expiration and the reason for denial was "NON BONAFIDE" relationship, USCIS tends to simply consider the case expired and cancels it. If MISREPRESENTATION is noted on the denied K-1, then this is a different matter.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

The consulate in Vietnam can be just as harsh as the one in Guangzhou China.

Moving this to: Waivers (I-601 and I-212) and Administrative Processes (221g)

Edited March 20, 2009 by YuAndDan

[Craneman 2]

Three years and she does not know what city you live in?

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Beneficiary is unaware of basic facts of Petitioner’s occupational background. For example, Beneficiary was unaware who Petitioner’s employer is and how long Petitioner has been at his current occupation. Beneficiary’s account of Petitioner’s work history did not match Petitioner’s work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

Beneficiary is unaware of basic facts of Petitioner’s locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner’s sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner’s sister’s husband. Beneficiary then claimed Petitioner’s sister’s husband was a college classmate of Beneficiary’s friend. Beneficiary does not know what school Petitioner’s sister’s husband and Beneficiary’s friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner’s claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner’s signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

[Clinton W 0]

Thank you for all your help. It looked like that I will have to follw up the old case and should not try to refile.

It is make me mad because it take me more than 4 years. If it is not a real relationship why someone would waste their time and keep trying. Also they did not give me a chance to explain my situation. I was there the interview. As soon as they denied, I came back the next days with my letter they told me sent it back to the USCIS already.

Can you please explain more on Waivers (I-601 and I-212) and Administrative Processes (221g)?

[Clinton W 0]

You didn't read what I said. They didn't even ask about what city. She answered all the questions correct. They only asked about what State and about my change of address.

Three years and she does not know what city you live in?

Photographs submitted as evidence of the relationship indicate that Petitioner and Beneficiary have spent only three or four days together.

I submitted a lot of photos and in different places and different times. I'm not sure why they are coming to this conclusion.

In contrast to Vietnamese social and culture norms which mandate lengthy and careful period of pre-nuptial arrangements, Petitioner and Beneficiary became engaged before they ever met in person.

I met my wife two weeks and we decided to get married. It is love at first sight. It is not always the case. That is why I so mad.

Beneficiary is unaware of basic facts of Petitioner’s occupational background. For example, Beneficiary was unaware who Petitioner’s employer is and how long Petitioner has been at his current occupation. Beneficiary’s account of Petitioner’s work history did not match Petitioner’s work history listed on the visa petition.

I only told her about what I do and what my company does. She doesn't speak english.

Beneficiary is unaware of basic facts of Petitioner’s locality. Beneficiary does not know what city Petitioner currently resides in.

They didn't even ask about what city.

Beneficiary initially stated that Beneficiary and Petitioner were introduced through Petitioner’s sister husband who was from the same village as Beneficiary. However, Beneficiary was unable to answer when Beneficiary first met Petitioner’s sister’s husband. Beneficiary then claimed Petitioner’s sister’s husband was a college classmate of Beneficiary’s friend. Beneficiary does not know what school Petitioner’s sister’s husband and Beneficiary’s friend supposedly attended together.

It is confusing and my wife did not explain clearly but we can clarify.

The petitioner’s claimed signature on correspondence between Petitioner and Beneficiary does not match Petitioner’s signature on notarized documents.

I signed my first name instead of my fullname because it is informal.

[morocco4ever 63]

You will need to appeal the decision on the CR-1 case, IT WILL come back to bite you if you attempt to to file another petition.

Actually he isn't at the appeal stage yet. First you need to find out the status of the K-1. I am assuming that you never received a NOIR (Notice of Intent to Revoke). Did you receive anything at all for the Service Center that initially approved the I-129f? At one time, around 2005, they would send these out, but then they started to expire them. At that point it would be okay to file another one, but not until you knew for sure that it actually was expired.

Now that you have a CR1 that has been denied you are in a different boat. They do not expire, but the adjudication of these returned petitions are very time consuming. So I hope you are mentally prepared for this. Your first step would be to get in contact with either your congressman or senator. They can keep in contact with the consulate and the USCIS, and they can get to the bottom of what happened to the K-3.

So what kind of questions were asked at the CR1 interview? I am a little foggy as to the entire thing, and perhaps I missed something as I was reading. But I have to admit, if I was a CO and she didn't know some of this basic stuff then I would be suspicious as well. Don't get me wrong, I am not saying your relationship isn't bonifide, but rather it was not presented well enough to be convincing. And I will let you in on something, the fact that you were introduced by relatives is something they look for in fraud.

There is a thread that we have over in the MENA forum that might be of some assistance. It is a bit lengthy, but it is filled with invaluable advice on what to expect and how to proceed. Study it well, and feel free to ask questions. There are many of us that have been through a denial, me included. There are many of us that have overcome it. It isn't impossible, but I won't lie to you, it is time consuming, scary, and extremely draining. This is not for the weak.

Here is the link:

http://www.visajourney.com/forums/index.php?showtopic=3896

[Minya's wife 25]

Thank you for all your help. It looked like that I will have to follw up the old case and should not try to refile.

It is make me mad because it take me more than 4 years. If it is not a real relationship why someone would waste their time and keep trying. Also they did not give me a chance to explain my situation. I was there the interview. As soon as they denied, I came back the next days with my letter they told me sent it back to the USCIS already.

Can you please explain more on Waivers (I-601 and I-212) and Administrative Processes (221g)?

When was your interview? The best method of successfully responding to such a situation as yours is to ACT QUICKLY.

Waivers are items which you fill out if instructed by the CO, and because your case was denied at th4e inteview, you are not eligible for any waiver. Administrative Process, also happens after an interview, and it usually results in a temporary denial, in which the visa applicant is asked to submit further evidence after which the case is reviewed again and a decision made. Again, you are not in this situation.

Bottom line, you need a lawyer, a good one that has successfully dealt with revoked I-130 petitions, waivers, and preferably one that has had dealings with the consulate in HCMC. It really seems that you do not fully understand this process, and would benefit from legal advice.

[Dakine 26]

If the petition has been returned to USCIS it's a bit late to get a lawyer in Vietnam. Senators or congressman are the only ones who can help. But they can only find out why for sure the petition was denied. They can't get the decision reversed.

Been there, done it.

From what I've seen here to me it looks like the embassy had good reason for denial. Been there, done that one also. I didn't have my act together with my first K1 and USEM was correct in denying us. Second time was a different story. I hit them with both barrells firing!

The beneficiary not speaking English is a tough one to overcome also. How can she adjust and enjoy living in the US? I'm sure COs take that into consideration also.

Yeah not a reason to deny but it's still there.

Edited March 21, 2009 by Haole