Wife Case Denied -- Pls help!!!

[caochi 0]

The US Consulate in Ho Chi Minh has denied my wife case and advised that it's on its way back to USCIS. The case was denied due to the following reasons:

1. Pictures shows we've only been together for 2-3 days --- Not true, we gaves them a lot of pictures with different places for my 3 trips to vietnam.

2. Letters without postal envelopes. --- I admited this. We were not prepared and over confident but we do have all the envelopes ready to proof.

3. Her lack of knowledges of my personal information. She did not know my boss name and the project I'm working on. --- Well, my mom has been married to my dad for 40 years and have idea what project he is working on.

4. We provide different married proposal dates --- Not true, the CO misread my timeline letter. My timeline letter clearly provided the same date as when my wife was providing them on her interview.

5. Phone bills not tracable --- What else do they want? I wrote the web url and id/password of the phone company where i obtainted the bill on the first page.

I took 4 trips to Vietnam

Trip 1: 4/07 Met her

Trip 2: 9/07 Visited her

Trip 3: 4/08 Married her

Trip 4: 4/09 Visit her -- received denial letter at the Consulate when came for status

MY QUESTION IS:

What should I do?

1. Should I file another petition? Seem faster but doesn't make sense because it's the same petition.

2. Should I wait for the letter from USCIS and file an appeal? I heard it takes 2-3 years for them to decide? Too long!!

3. Should I quit my job and move back to Vietnam to live with her while waiting for the decision? I'm having a great 10 years career with 1 company making over 100K but I can't imagine seeing her only for 3-4 weeks a year for the next 3 years (assuming I'm choosing option 2)

Please help??

Sorry to hear about your case. You cannot do any thing except waiting for returned case and appeal it and may be live in VN can heal yours

[San Mig Lite 0]

[tpi008 0]

My wife will has her interview coming up on May. It getting me worry what HCM consulate is looking for now? Your evidence is over qualifies than me. I can’t believe the reasons they denied you from 1-5. How the world is your wife will remember your boss name. My wife having a hard time memory all my siblings name. This is so dumb.

I am so sorry to hear that, all I do is to wish you good luck.

dang, a wave of new comers of members with cases of refusal.

this is just a little heads up for those of you who are soon to interview...

They will ask your wife how many rooms are in her husband's house in the STATES.

My wife didn't know and she guessed the wrong amount... 'DOH'!

I don't recall declairing how many rooms in my house. I really dislike the way they treat people.

[JimVaPhuong 4,863]

dang, a wave of new comers of members with cases of refusal.

this is just a little heads up for those of you who are soon to interview...

They will ask your wife how many rooms are in her husband's house in the STATES.

My wife didn't know and she guessed the wrong amount... 'DOH'!

I don't recall declairing how many rooms in my house. I really dislike the way they treat people.

It's actually quite easy to get information on your house. Just using the real estate comparables search on Yahoo I can find out what year your home was built, the size in square feet, the number of bedrooms and bathrooms, and year and price when it was last sold. In some states, I can even find out how much your property taxes are, and whether you've paid them yet. I can do this without logging in to any system or providing any personal information. It's all available in public databases.

I have been told that the consulate in HCM has investigators whose job it is to dig up information that USCIS did not have at the time the initial petition was submitted. I've even been told that the investigators might fabricate information if they can't find it in an effort to get the beneficiary to contradict themselves or their fiance(e). US immigration law doesn't give the consulates the authority to re-adjudicate the petition. Section 221(g) allows them to send a petition back to USCIS and recommend that USCIS revoke their prior approval under limited circumstances, one of which is if the consulate has information which USCIS did not have when the petition was originally approved, and the consulate believes the information might have resulted in a different decision from USCIS.

The bottom line here is that the consular officer didn't like the petition, and suspected fraud. They can't rubber stamp the petition and say "This one smells funny to me", so they have to come up with a reason to send it back under 221(g). Honestly, asking someone how many rooms are in a home which they know that person has never visited is not something any rational person would believe someone else would know. In the end, not knowing the number of rooms was not the reason they denied, but simply the reason they came up with to comply with 221(g). Something else about the petition or associated documents made them uneasy. And they reach these conclusions before the beneficiary ever walks up to the interview window. This is why you see people state so often that the ones who are approved often have short and simple interviews, while the ones who are denied are often grilled extensively. In the latter case, they're determined to deny, and are going to wear down the beneficiary until they get the grounds they need.

I've been told by at least two different attorneys that you have think like a consular officer when you prepare your documents. In other words, make sure your evidence is solid, and address any red flags in the initial petition so that the CO can't later use those red flags as a basis for denial by claiming USCIS wasn't aware of them. Frankly, this is pretty damn hard to do. None of us have ever been CO's, so how can we possibly know how they think? What's more, the amount of publicly available information on a person is staggering. I'm sure that with a little digging I could probably find publicly available information about myself that even I wasn't aware of. I think the net effect is that if they're determined to deny, then they'll dig up a reason to deny. The only thing you can do is continue fighting them until they give in.

BTW, I read in one of ME's articles that you should never just let a petition die once it's been sent back to USCIS. If the basis for returning it was suspected fraud, and if you fail to respond to the allegations, then the suspicion becomes an assumption of fact. After that, the beneficiary is barred from entering the US, and you'll need a waiver to petition again. At the very least, if you don't plan to go through the appeals process then respond to the allegations and withdraw the original petition before filing again.

As far as the way they treat people - you can thank the large number of fraudsters in Vietnam for making it much more difficult for those of us who are genuinely in love.

[NQT1976 1]

I RECOMMEND CALL THEM DAILY UNTIL THEY GIVE YOUR WIFE VISA. CALL THEM 10 TIMES A DAY. JUST DO THAT