Please help me ASAP

[Tony1982 0]

Hi, I married with my wife in Dec. 2008. When I returned USA in Feb. 2009, I applied for K3, so I sent the I-130 first and when I got the NOA1, I sent the I-129F. Both I-130 and I-129F was approved at the same time but I changed my mind to pursue the CR1 visa instead of the K3. My wife was interviewed by US Consulate in Ho Chi Minh City but she was denied a visa and I have a chance to rebute that decision when the case is returned to the USCIS where the case was approved.

So my questions are

1) About the I-129F that was approved but my wife and I didn't do anything about it, can my wife go back to pursue a K3 visa? What are the chance that my wife will succeed?

2) About the I-130 that my wife had an interview but was denied a visa. What is the chance if I rebute the decision when the case is returned to the USCIS that approved it? On this one my wife had a blue slip and was told to bring the timeline sheet of our relationship a month after the initial interview. And when my wife brought the timeline sheet, she received another blue slip saying the case is officially cancelled and will be returned to the USCIS where the case is approved and I will have a chance to rebute. I want to know how to rebute the decision? What will I need to send to the USCIS?

3) I have a social worker that is helping me, he said that I can rebute the decision with the USCIS and filed a new I-130 petition at the same time, is this ok to do so? He said, yes I can do that but I am not so sure

4) If I don't rebute the decision within a year, will the USCIS send back to me the evidence I have sent them when I filed the I-130? In example, I have sent USCIS 6 pictures and envelopes with post office postmark?

Thank you very much for any help.

[Anh map 2,098]

The issues that caused the denial for the CR1 would be the same for the K3. So there is no reason to do that. You want to kep the petition in HCMC if at all possible.

What was the reason(s) given for the denial? Typically if the interview is not successful there is an opportunity to provide more evidence / information.

HCMC is not an easy consulate.

If you can, scan the letter that your wife received and post it in the Asia: East & Pacific regional forum. There are a lot of HCMC couples there that can offer specific advice.

[Dakine 26]

Hi, I married with my wife in Dec. 2008. When I returned USA in Feb. 2009, I applied for K3, so I sent the I-130 first and when I got the NOA1, I sent the I-129F. Both I-130 and I-129F was approved at the same time but I changed my mind to pursue the CR1 visa instead of the K3. My wife was interviewed by US Consulate in Ho Chi Minh City but she was denied a visa and I have a chance to rebute that decision when the case is returned to the USCIS where the case was approved.

So my questions are

1) About the I-129F that was approved but my wife and I didn't do anything about it, can my wife go back to pursue a K3 visa? What are the chance that my wife will succeed?

2) About the I-130 that my wife had an interview but was denied a visa. What is the chance if I rebute the decision when the case is returned to the USCIS that approved it? On this one my wife had a blue slip and was told to bring the timeline sheet of our relationship a month after the initial interview. And when my wife brought the timeline sheet, she received another blue slip saying the case is officially cancelled and will be returned to the USCIS where the case is approved and I will have a chance to rebute. I want to know how to rebute the decision? What will I need to send to the USCIS?

3) I have a social worker that is helping me, he said that I can rebute the decision with the USCIS and filed a new I-130 petition at the same time, is this ok to do so? He said, yes I can do that but I am not so sure

4) If I don't rebute the decision within a year, will the USCIS send back to me the evidence I have sent them when I filed the I-130? In example, I have sent USCIS 6 pictures and envelopes with post office postmark?

Thank you very much for any help.

When was she denied? Is the case still at the embassy?

Have you contacted an attorrney like Marc Ellis or your senators, congressmans immigration specialist?

Do you know specifically why you guys were denied?

Edited December 11, 2009 by Dakine

[Tony1982 0]

Hi, I married with my wife in Dec. 2008. When I returned USA in Feb. 2009, I applied for K3, so I sent the I-130 first and when I got the NOA1, I sent the I-129F. Both I-130 and I-129F was approved at the same time but I changed my mind to pursue the CR1 visa instead of the K3. My wife was interviewed by US Consulate in Ho Chi Minh City but she was denied a visa and I have a chance to rebute that decision when the case is returned to the USCIS where the case was approved.

So my questions are

1) About the I-129F that was approved but my wife and I didn't do anything about it, can my wife go back to pursue a K3 visa? What are the chance that my wife will succeed?

2) About the I-130 that my wife had an interview but was denied a visa. What is the chance if I rebute the decision when the case is returned to the USCIS that approved it? On this one my wife had a blue slip and was told to bring the timeline sheet of our relationship a month after the initial interview. And when my wife brought the timeline sheet, she received another blue slip saying the case is officially cancelled and will be returned to the USCIS where the case is approved and I will have a chance to rebute. I want to know how to rebute the decision? What will I need to send to the USCIS?

3) I have a social worker that is helping me, he said that I can rebute the decision with the USCIS and filed a new I-130 petition at the same time, is this ok to do so? He said, yes I can do that but I am not so sure

4) If I don't rebute the decision within a year, will the USCIS send back to me the evidence I have sent them when I filed the I-130? In example, I have sent USCIS 6 pictures and envelopes with post office postmark?

Thank you very much for any help.

When was she denied? Is the case still at the embassy?

Have you contacted an attorrney like Marc Ellis or your senators, congressmans immigration specialist?

Do you know specifically why you guys were denied?

On Oct. 27, 2009, she brought the timeline sheet and the blue slip and she received a second blue slip saying she was denied a visa. The reasons are

1)no engagement celebration, not like Vietnam's culture

2)my wife doesn't know about my localties

3)my wife can't explain how and in what way she get to chat with me on the day we first met online

It says that every reasonable person would think that we're fake couple with the purpose of getting in US.

No, the case is not at the Consulate but was mailed to USCIS that approved it

[Anh map 2,098]

Was she nervous in the interview?

What are the 6 photos and envelopes about? Is that the evidence of your relationship that you submitted?

[Tony1982 0]

Was she nervous in the interview?

What are the 6 photos and envelopes about? Is that the evidence of your relationship that you submitted?

No, she was not nervous, there was no translator but the interviewer spoke Vietnamese.

He must be misunderstood or heard it wrong. We first meet in person 11/25/2008 and married on 12/14/2008 but on the blue slip, it says my wife said that we first meet in person on 12/15/2008, and that we married within 10 days the day we meet in person. It is totally wrong. On our wedding DVD we married on 12/14/2008. My airplane tickets, I travelled to Vietnam on 11/25/2008, so the interviewer must have heard it wrong.

[Y's_habibitk 2]

If it was the opposite and she interviewed for the K3 and was denied, she could go back and interview for the CR1, but not the other way around. Once the CR1 interview has taken place the K3 is virtually dead at the consulate.

Im sorry and I wish you guys good luck on appeal or whatever route you decide to take