Application denied... Tourist Visa?

[andya 0]

My wife's visa was denied by the US consulate in Vietname after submitting the requested evidence (and waiting over a year). Can't she simply get a tourist visa in Vietnam to travel here

please advise,

-Andy

[Dakine 26]

My wife's visa was denied by the US consulate in Vietname after submitting the requested evidence (and waiting over a year). Can't she simply get a tourist visa in Vietnam to travel here

please advise,

-Andy

Unless she has EXCELLENT reasons she HAS to return home her chances are slim and none of getting a tourist visa. Especially since being denied a immigration visa.

[andya 0]

My wife's visa was denied by the US consulate in Vietname after submitting the requested evidence (and waiting over a year). Can't she simply get a tourist visa in Vietnam to travel here

please advise,

-Andy

Unless she has EXCELLENT reasons she HAS to return home her chances are slim and none of getting a tourist visa. Especially since being denied a immigration visa.

great news... this red tape is ludicrous

[BrianandMerne 3]

May I ask what the RFE was required of you both?

[andya 0]

May I ask what the RFE was required of you both?

yes the consulate requested a timeline of the relationship with supportive evidence

""PETITIONER: In a sworn, notarized statement, please provide a detailed chronology (timeline) of your relationship. please explain clearly when and how you first met, how you were introduced and when you began corresponding with each other, when you felt your relationship became serious, date and circumstances of marriage proposal..etc, please give as many details as possible"

after providing phone records, photos, email records, statements from friends/family, travel receipts etc they still weren't convinced...

[Anh map 2,098]

Did you give them a time with the information indicated along with the phone records, etc.?

Vietnamese citizens without substantial assets have a lot of trouble getting tourist visas. Historically there has been a lot of visa fraud at HCMC hence the higher standards for evidence.

You stated in your previous post that you were introduced by family in the US. This is a big red flag. Have you made multiple trips to VN? Did you have the Din Hon/Dam Hoi ceremony?

[JimVaPhuong 4,863]

The chances of her getting a tourist visa before applying for the spousal visa were slim. The chances now are zero. There's no way she's going to be able to convince the consulate that she doesn't intend to immigrate since she's already proven that she does.

The timeline is a very common requirement of the consulate in HCM. Almost everyone who doesn't provide it with the petition or at the interview will receive a blue slip asking for it. Many people who have received a blue slip for the timeline still manage to get a visa. It all depends on how you write the timeline. It has to be detailed, provide the information they ask for, address any red flags in your case, and not conflict with any of the evidence you provided. In addition, your wife has to be intimately familiar with the information on the timeline, and not say anything to contradict what is written there. They frequently pull interview questions from the information in the timeline.

It sounds like they thought your relationship was fraudulent, and your timeline didn't convince them otherwise.

Was your petition already returned to USCIS? What was the exact reason given on the 221(g) denial notice? If it's not too late, you may be able to get an attorney in HCM and stop your petition from going back to USCIS. This would give you one last chance to appeal the decision before they send it back. It's also possible that USCIS may reaffirm your petition and send it back to the consulate, but that may take months. Lately, USCIS has been getting fed up with the consulate readjudicating petitions.

If you had applied for a K1 then you'd have the option of nullifying the original petition by getting married and filing for a CR1. Unfortunately, you're already married, so you're going to have to ride this petition to the bitter end. If the denial is ultimately upheld by USCIS, you can try to file again. One thing you do NOT want to do is just wait out the decision. The 221(g) serves as an accusation of material misrepresentation; i.e., fraud. If you receive a notice of intent to deny/revoke from USCIS and do not respond to it then the accusation becomes a presumption of fact - your wife will be banned from the US for life. You must respond to any notice you get from USCIS.

It's time for a good immigration lawyer, in my opinion.

[Anh map 2,098]

Did you give them a time with the information indicated along with the phone records, etc.?

Vietnamese citizens without substantial assets have a lot of trouble getting tourist visas. Historically there has been a lot of visa fraud at HCMC hence the higher standards for evidence.

You stated in your previous post that you were introduced by family in the US. This is a big red flag. Have you made multiple trips to VN? Did you have the Din Hon/Dam Hoi ceremony?

Don't know why I was thinking K1 and Din Hon/Dam Hoi. Obviously you had a wedding with photos, etc.

If it was all one trip, that can be a problem. Was talking with some Viet friends this past weekend about their troubles with getting their wives visas. Regular visits to see the wife seem to help. Second marriages between Viet folks can also be problematic if the evidence of interaction is weak.