What happen after white slip?

[Huong and Phung 0]

Hi everyone!

Most of you already know that as many as 10 of us in HCMC is on AP right now. We are praying for ourselves and for others for the good news. If all else fail and I'm just getting ready mentally for the worst, I want to know the next available steps to do. If one receive a white slip, what should one do?

I. Should at least try to keep the petition in HCMC.

II. Case send back and how long after so we can petition again?

III. Any other suggestions???

[Anh map 2,098]

Contact your congressperson and senators offices to see what they can find out. Get whatever pressure you can applied to your case. It certainly won't hurt anything.

[Kevin&Loan 0]

If you are denied. I do not think there is anything your Senators/Congressmen can do for you. They can do "something" only when you are still in AP/AR.

To answer your questions, here are what will happen and what you can do:

Once the Consulate informs you that your case is denied, they will return your case back to USCIS, meaning the Consulate will hand off the case. When USCIS recieves your returned petition, they will mail you a letter informing you of the Consulate's decision although you already know and also letting you know that you have 90 days to appeal the case. Now, this 90-day window is very important. By all means, you can't miss it. If you do, your petition will be closed for good and you will be back to square one. It is also important to note that USCIS sometimes close files even before the 90-day time window expires. At this point, you can either:

1. Chose to appeal. If you do, it is wise to engage professional help from a laywer if you can afford one since the process is somewhat complicated and time consuming. Most of the appeals are succesul anyway. USCIS will re-affirm their decision and send the case back for another round of intervew meaning you would have to start almost as far back as the beginning. Or

2. You can choose to get married and go the K3 route. 9 of out 10 immigration laywers that go on Viet TVs and radio stations here in Houston suggest this course of action. However, the decision is yours to make alone. Or

3. You can ignore the appeal and refile for another K1 but you better have much more substaintial evidience than the last time otherwise, you would certainly see another white slip.

With the exception of appealing, as soon as the case is sent back, you can start filling for another petition again.

Stay strong people !!!

Edited September 22, 2009 by Kevin&Loan

[Anh map 2,098]

OP is still in AP and they are already married.

Kevin is right that if it gets denied and sent back you would be well served to get a qualified immigration attorney involved for an appeal.

You just got back from trip #3 so I hope that demonstrates that your marriage / relationship is real.

[lindal24 1]

Hi everyone!

Most of you already know that as many as 10 of us in HCMC is on AP right now. We are praying for ourselves and for others for the good news. If all else fail and I'm just getting ready mentally for the worst, I want to know the next available steps to do. If one receive a white slip, what should one do?

I. Should at least try to keep the petition in HCMC.

II. Case send back and how long after so we can petition again?

III. Any other suggestions???

2. You can choose to get married and go the K3 route. 9 of out 10 immigration laywers that go on Viet TVs and radio stations here in Houston suggest this course of action. However, the decision is yours to make alone. Or

3. You can ignore the appeal and refile for another K1 but you better have much more substaintial evidience than the last time otherwise, you would certainly see another white slip.

Huong and Phung are already married so they wouldn't be able to do #2 or 3.

I. I don't know how you would try to keep the petition in HCMC, but that would be a start.

II. ??? Lets hope it doesn't get sent back...

III. Move to Vietnam...

[lindal24 1]

OP is still in AP and they are already married.

Kevin is right that if it gets denied and sent back you would be well served to get a qualified immigration attorney involved for an appeal.

You just got back from trip #3 so I hope that demonstrates that your marriage / relationship is real.

Was the last trip the OP's 3rd trip??

I'd have to disagree on getting a qualified immigration attorney b/c of the fact that my ex-boyfriend used one (for a work visa) and then ended up having to go back after almost 10 years b/c it expired!!! Maybe if it was a REALLY QUALIFIED immigration attorney...

[NQT1976 1]

I dont see white slip but I receive blue slip say case was "administrative closed", is it the white ? I think it is

[JimVaPhuong 4,863]

I dont see white slip but I receive blue slip say case was "administrative closed", is it the white ? I think it is

I read your post in the other thread. From what you say, your case is getting sent back to USCIS after a review by the chief consulate. It doesn't matter what color the paper is - your case was denied.

Hire a lawyer FAST. Do everything you can to keep your petition from being sent back to USCIS. If they send your petition back, you're going to be in for a long fight.

You're in the same boat that Huong and Phung will be in if they eventually get denied. You're already married, so you don't have the option a K1 petitioner would have of getting married and filing a new petition while you appeal the K1 with USCIS. You can't file another CR1/IR1 until the first one is resolved, and that could take a long time. You also can't tell USCIS that you want to abandon the first petition without appeal, thinking you'll be able to file another petition sooner. If you don't fight the first denial, USCIS will presume that any accusations made by the consulate are true. In all likelihood, the consulate is accusing your wife of material misrepresentation; i.e., lying about your relationship in order to get a visa. If USCIS presumes this to be true, your wife will be banned from the US. Your only hope to keep this from happening is to appeal.

[NQT1976 1]

I dont see white slip but I receive blue slip say case was "administrative closed", is it the white ? I think it is

I read your post in the other thread. From what you say, your case is getting sent back to USCIS after a review by the chief consulate. It doesn't matter what color the paper is - your case was denied.

Hire a lawyer FAST. Do everything you can to keep your petition from being sent back to USCIS. If they send your petition back, you're going to be in for a long fight.

You're in the same boat that Huong and Phung will be in if they eventually get denied. You're already married, so you don't have the option a K1 petitioner would have of getting married and filing a new petition while you appeal the K1 with USCIS. You can't file another CR1/IR1 until the first one is resolved, and that could take a long time. You also can't tell USCIS that you want to abandon the first petition without appeal, thinking you'll be able to file another petition sooner. If you don't fight the first denial, USCIS will presume that any accusations made by the consulate are true. In all likelihood, the consulate is accusing your wife of material misrepresentation; i.e., lying about your relationship in order to get a visa. If USCIS presumes this to be true, your wife will be banned from the US. Your only hope to keep this from happening is to appeal.

thanks, I know I have to appeal. But they did not send it back to USCIS yet.

I also write the consular a letter to request for reconsideration but not receive respond from them.

I asking my local lawyer but he prefer Marc Ellis. I send Marc Ellis an email already don't know if he can help

I also send email to my senator still waiting for respond.

I wish there is a fair court where I can talk and explain here in US, the consular in HCMC only look for logic many real couple ware under prepare and get denial.

[Huong and Phung 0]

If you are denied. I do not think there is anything your Senators/Congressmen can do for you. They can do "something" only when you are still in AP/AR.

To answer your questions, here are what will happen and what you can do:

Once the Consulate informs you that your case is denied, they will return your case back to USCIS, meaning the Consulate will hand off the case. When USCIS recieves your returned petition, they will mail you a letter informing you of the Consulate's decision although you already know and also letting you know that you have 90 days to appeal the case. Now, this 90-day window is very important. By all means, you can't miss it. If you do, your petition will be closed for good and you will be back to square one. It is also important to note that USCIS sometimes close files even before the 90-day time window expires. At this point, you can either:

1. Chose to appeal. If you do, it is wise to engage professional help from a laywer if you can afford one since the process is somewhat complicated and time consuming. Most of the appeals are succesul anyway. USCIS will re-affirm their decision and send the case back for another round of intervew meaning you would have to start almost as far back as the beginning. Or

2. You can choose to get married and go the K3 route. 9 of out 10 immigration laywers that go on Viet TVs and radio stations here in Houston suggest this course of action. However, the decision is yours to make alone. Or

3. You can ignore the appeal and refile for another K1 but you better have much more substaintial evidience than the last time otherwise, you would certainly see another white slip.

With the exception of appealing, as soon as the case is sent back, you can start filling for another petition again.

Stay strong people !!!

I'm a CR1 so all of the k petitions wouldn't apply to me. Thank you so much for your reply. It helps to get my mind straight a little and prepare for the worse.

OP is still in AP and they are already married.

Kevin is right that if it gets denied and sent back you would be well served to get a qualified immigration attorney involved for an appeal.

You just got back from trip #3 so I hope that demonstrates that your marriage / relationship is real.

Yeah, the last trip was my third trip. My parents are eager to meet their daughter in law so I might arrange something for this x-mass for them to go to Vietnam. This is just a thought because hopefully everything goes well and we all go to the U.S at the same time.

[Haonie 0]

This is my opinion...if my case send back to the USCIS, I will definitely have a baby before I come back to US and refile it. Having a baby is finally solution. My friends tried this way, and it worked. they are now in US and ready for second baby. You will get the pink soon, Huong. Wish you all the best.

[Huong and Phung 0]

This is my opinion...if my case send back to the USCIS, I will definitely have a baby before I come back to US and refile it. Having a baby is finally solution. My friends tried this way, and it worked. they are now in US and ready for second baby. You will get the pink soon, Huong. Wish you all the best.

I love to have a kid but I want to show her around town and different things that the U.S have to offer before having a kid. If she can't come to the U.S then I guess we will have to have a baby and petition again.

[JimVaPhuong 4,863]

This is my opinion...if my case send back to the USCIS, I will definitely have a baby before I come back to US and refile it. Having a baby is finally solution. My friends tried this way, and it worked. they are now in US and ready for second baby. You will get the pink soon, Huong. Wish you all the best.

I love to have a kid but I want to show her around town and different things that the U.S have to offer before having a kid. If she can't come to the U.S then I guess we will have to have a baby and petition again.

I wouldn't follow that advice unless you're ready to have a child now, and I certainly wouldn't base a decision on the anecdotal evidence of one person who said they had a baby and were approved. Did the CO tell them that they got the pink slip because they had a baby?

I've seen TOO MANY well meaning friends and family give advice to prospective visa applicants that turned out to be dead wrong. I still remember Phuong telling me about her friend who insisted we needed pictures of us sleeping together!

We've also seen cases where the couple had a baby, and were denied anyway. We've also seen TWO cases recently where the couple had a baby, but the USC was being scammed. The baby wasn't enough to stop the visa scammers, so why would it convince a CO?

Unless I see a consistent pattern of baby = pink slip, or I see a CO admit that a baby is the "clincher", I'm not going to believe this is true.

[Huong and Phung 0]

I've never thought about having a kid would make my wife being with me faster or anything. I just said that I can't wait to have a baby if the visa taking too long. hahahah If they don't grant us the visa then our next petition will include my baby and they would have to work twice as hard.

[lindal24 1]

I still remember Phuong telling me about her friend who insisted we needed pictures of us sleeping together!

I tried to convince my husband that this was what we needed to do but he wouldn't go for the idea... HAHA...