Engagement was broken off!!

[tup14ongtu 0]

I'm not going to make this a long story!! My fiancee and I broke off are engagement it was just to much to overcome and time changed are views! I'm now in the Border Patrol Boot camp and have very little time to do anything!

When the Consulate said it was a scam and sent everything back to the U.S. this was a unbelievable blow to us both! Anyway I had heard that if she ever wanted to come over here in the future with her parents Etc!! She will need some sort of letter sent to the USCIS or the Consulate in Vietnam stating I'm withdrawing my support and the engagement was broken off ! I don't want to screw up her changes for future endeavors!!!

What I need to know what is the procedure on doing this?? Is it a form letter or just a letter sent to the Consulate??? Thanks

[JimVaPhuong 4,863]

I'm not going to make this a long story!! My fiancee and I broke off are engagement it was just to much to overcome and time changed are views! I'm now in the Border Patrol Boot camp and have very little time to do anything!

When the Consulate said it was a scam and sent everything back to the U.S. this was a unbelievable blow to us both! Anyway I had heard that if she ever wanted to come over here in the future with her parents Etc!! She will need some sort of letter sent to the USCIS or the Consulate in Vietnam stating I'm withdrawing my support and the engagement was broken off ! I don't want to screw up her changes for future endeavors!!!

What I need to know what is the procedure on doing this?? Is it a form letter or just a letter sent to the Consulate??? Thanks

Your "short story" indicates a very complex scenario, but unfortunately does not provide enough information to give much useful advice.

Your petition was sent back to the US because the "Consulate said it was a scam"? I presume your fiancee got a 221(g) notice, and the notice indicated that they felt the relationship was a sham, correct?

Ok, in that case, your petition was sent back to USCIS for evaluation and a final decision. What happened after that (if anything) may determine what the status is for your petition AND for your fiancee. Let's look at the possibilities.

USCIS sometimes disagrees with the decision made by the consulate, and they re-affirm the petition. In this case, the petition is NOT dead - it get's sent back to consulate for a second interview. USCIS will usually only make this decision if the petition didn't die of "old age" first - the original approval is good for 4 months unless extended (usually by request at the consulate). All your fiancee has to do is NOT show up for the return interview or submit any additional documents. The re-affirmed petition will die, and she'll be free to be sponsored by somebody else.

In some cases, USCIS makes NO decision at all, and without any contact from the petitioner (YOU) they will just let the petition expire. Again, no harm, no foul. Your fiancee can be sponsored by someone else.

However, in some cases USCIS will side with the consulate. In this event, they will send either a letter of intent to deny (they believe the original petition was valid, but they agree with the consulate's reasons for not issuing the visa), or they will send a letter of intent to revoke (they believe the original petition was fraudulent, and they intend to revoke their approval of it). If either of these letters were sent and you DID NOT respond to them, then your fiancee has some serious problems. The 221(g) notice is effectively an accusation of fraud from the consulate. If USCIS sends either a NOID or NOIR notice, then they are essentially agreeing with this assessment, and they're giving you a chance to refute it. If you do not respond, then the presumption of fraud becomes FACT. Your fiancee is entered into the USCIS database as a known fraud, and effectively banned from the US for life.

You need to find out what the status of your petition is. If it died a natural death, then no worries. If it's being returned to the consulate then your fiancee can simply ignore it - again, no worries. If a NOID or NOIR letter was sent, then you need to address it or your fiancee will be banned. Even if she is not banned, they are going to scrutinize any future petitions on her behalf because of the previous denial.