HCMC Interview roll call

[Ronnie&Hang 12]

There will be a new chief consular general for VN as of this summer...

I just read a VOA's interview today with the Ambassador Michalak that this new chief is Le Cong An. That is all I know for now...Hang in there, Happy Mother's Day everyone...

[ScottThuy 140]

I just read a VOA's interview today with the Ambassador Michalak that this new chief is Le Cong An. That is all I know for now...Hang in there, Happy Mother's Day everyone...

http://rfvn.com/?p=13924

[CoolHand2x2y2z 0]

My wife got her notice:

(CR1) June 15, 2010

[ScottThuy 140]

2010 Interviews at HCMC Consulate:

MEMBER NAME................INTERVIEW DATE.....RESULT............

JANUARY

JasonandHien (CR1)..................01-20-2010...Blue-Timeline-Resubmit 00-00-2010....APPROVED

VN10 (CR1)..............................01-21-2010...APPROVED

Josh_A(CR1).............................01-21-2010...Blue-Police Cert, Parental info, Timeline-Resubmit 03-05-2010...Blue-AP

Scottthuy (K1)...........................01-26-2010...Blue-Police Cert, ex's info, Timeline-Resubmit 02-23-2010...Blue-police cert resubmit 3-1-10...Blue-AP

Tony&Trish(K1)..........................01-27-2010...Blue- 2-24-2010 DENIED

FEBRUARY

VanNick (K1) .............................02-02-2010...APPROVED

Asian206 (CR1)..........................02-02-2010...Blue-Timeline-Resubmit 03-03-2010...APPROVED

Hantinh (K1)..............................02-02-2010...Blue-Timeline-Resubmit 03-03-2010...APPROVED

Kevin and Tuyen(CR1 reaffirm)....02-05-2010...Green-I-864, Passport Photos-Resubmit 03-05-2010...APPROVED

MARCH

Shy1akaanh (CR1).....................03-01-2010...APPROVED

Robert & Mai (K1 reaffirm)...........03-04-2010...Blue-...APPROVED

Steve & Chi (K1).........................03-15-2010...Blue - I-134/financial docs-Resubmit 04-13-2010 DENIED Only 1 visit and relationship too short

Vuster (CR1)..............................03-23-2010...APPROVED

APRIL

Jacob & Kieu (CR1).....................04-19-2010... ?

MAY

FeelingLucky (K1)........................05-12-2010 ...APPROVED

Dee & Tee (K1)...........................05-21-2010

Patrick & Ann (K1).......................05-26-2010

June

nqb_tomm (CR1).........................06-10-2010

2x2y2z (CR1)..............................06-15-2010

Greg_N_Lien (CR1)......................06-16-2010

KenN (CR1).................................06-16-2010

Edited May 13, 2010 by ScottThuy

[Kevin and 10]

Congrats Lucky!!

[ScottThuy 140]

One must wonder what information they are waiting for regarding cases in AP.....

9 FAM 42.71 PN1 TIMELY VISA ISSUANCE

(CT:VISA-801; 04-21-2006)

Section 237 of Public Law 106-113 and subsequent legislation directs the

Department to establish a policy under which immediate relative and

Fiancé(e) visas are processed within 30 days of receipt of necessary

information from the applicant and Department of Homeland Security (DHS).

Other family-based immigrant visas must be processed within 60 days of

receipt of all information.

http://www.state.gov/documents/organization/87903.pdf

Based on DoS policy they have a max of 30 days... from the date they get the "necessary information" but all they have to do is say they are waiting to get some information from DHS...

[BinhJerome 14]

One must wonder what information they are waiting for regarding cases in AP.....

9 FAM 42.71 PN1 TIMELY VISA ISSUANCE

(CT:VISA-801; 04-21-2006)

Section 237 of Public Law 106-113 and subsequent legislation directs the

Department to establish a policy under which immediate relative and

Fiancé(e) visas are processed within 30 days of receipt of necessary

information from the applicant and Department of Homeland Security (DHS).

Other family-based immigrant visas must be processed within 60 days of

receipt of all information.

http://www.state.gov...ation/87903.pdf

Based on DoS policy they have a max of 30 days... from the date they get the "necessary information" but all they have to do is say they are waiting to get some information from DHS...

Scott, how many times has someone brought something like this up? We all know that it is the famous merry –go-round. Their website says one thing and they do something else, look at the rebuttal's they say we will have the chance to do a rebuttal, and instead the case is closed out, then before you file you have to meet certain requirements, if you meet them they send you a NOID. They do what they want when they want to do it. They also word things for each individual purpose. I mean they say they issue a NOID based on a previous petition, that THEY let expire, not one that the rebuttal was unsuccessful, but one that THEY let expire not giving the beneficiary or the petitioner a chance to address. Here is another big example, people have been denied because they only made one trip, yet it clearly states in the website that you have to prove that you have met once in the previous 2 years, and there is even a clause about this if you can prove it would be a hardship on your family to do so, so I state again, what you have just brought up is one of the many seats on the visa merry-go-round and where it stops nobody knows! Jerome

BTW I think what they are refering to in this case is after your visa is approved they only have 30 days to get you the visa, not prior to any approval

Edited May 16, 2010 by jeromebinh

[ScottThuy 140]

it is not refering to after approval... you may need to read all of the associated reference material tounderstand what they mean... DoS does not want consulates leaving visa applicants waiting in limbo... unless thereis a background or DHS check going on and in that case it can take as long as they want...

[BinhJerome 14]

it is not refering to after approval... you may need to read all of the associated reference material tounderstand what they mean... DoS does not want consulates leaving visa applicants waiting in limbo... unless thereis a background or DHS check going on and in that case it can take as long as they want...

Scott, regardless if it is not after approval or not. People can poop in one hand and wish in another and see which one fills up first. Regardless of what DOS wants, it rarely happens. Look at your case; do you really think they are still investigating something? Look at our case, same scenario we were out much longer than 30 days after we submitted evidence, and the list goes on and on and on. In a perfect world (which this is defiantly not) every visa application would be done in 30 days or less once all documents were submitted. I am not sure how long it takes to do a background check in Vietnam, but I know firsthand that I was able to get them done on employees that worked for me in 24 to 48 hours stateside. I also know that it takes about 3 days on average for anyone here to request a police check for the work permit when they have been here for over 6 months, so to think they are still conducting checks is just ludicrous, unless they just set them in a area and 2 or 3 or even 4 months later they finally send them off for checks. I really doubt that is what happens since so many people get a senator involved like you and I did along with countless others, then to throw in all the personal inquiries and complaints that people file. But regardless of what you or I think we will never really know what they are doing, or what they are not doing, but I truly feel that your checks have been done long ago and it is just sitting somewhere waiting for the stamp of either approval or denial. With our case I was there 10 days prior to our denial requesting information in person, I talked with the interviewing CO and everything, he said they had not got to it yet, and then poof we got a denial. I know they were not doing any background checks for quite a while since my lawyer got all the evidence, and even the CO’s personal notes. They had not done anything with my case accept note when the evidence was submitted and then he put another note in it that I had show up at the consulate making an inquiry into the case. No background check on me, Binh, or my ex wife, his mind was made up at the interview and nothing I could have done or submitted would have changed his mind, and I do have the proof to back that up since I have our complete file. Now this is not to say that they are not doing checks on your case, after all each case is different, so there might be something going on with your case. But to try and complain about your case being past the 30 days and stating that it is not supposed to happen that way is the same as stating that some cases go past the 90 days since submitting extra evidence while in AP. Many people do get out prior to the 90 day time limit, I am not sure on your case, but ours beat it by just a few days, and Fred’s went way past it. I think Linda was within the 90 days and many others. Keep up the hope, but just because it says something on the website doesn’t mean they will have to follow it, and even if they don’t, it does not mean we can do anything about it. Just my take, but it might not be right, or maybe it is. Jerome

[ScottThuy 140]

Dee & Tee should know by now...unless they had to come back after lunch..

[ScottThuy 140]

VJ Members currently in AP/AR at HCMC:

• Frank And Duyen ___________10/20/2009 CR1 Timeline ..... 214 Days
• Terry1____________________11/00/2009 CR1 - proof of paternity ....approx 190 Days
  
• AnhBob___________________12/07/2009 CR1- proof of bonafide, timeline, info about ex, info about child... 166 Days
• RaymondV_________________12/00/2009 K1- timeline.....approx 150 Days
• Ronnie&Hang______________12/29/2009 K1- timeline, medical results from Cho Ray....144 Days
  
• James & Nicole_____________01/04/2010 K1- timeline, ex-wifes address, medical results from Cho Ray:awaiting TB treatment ....138 Days
  
• ScottThuy__________________03/01/2010 K1- timeline, ex-spouse address,police cert.......... 82 Days
  
• Josh_A___________________03/05/2010 CR1- timeline, Parent info, police cert......... 78 Days

VJ Members who made it out of AP & results:

• Lindal24 ________________7/8/2009 - 10/7/2009 - 91 days in AP - APPROVED
  CR1 Visa - First blue RFE: Proof of Bona fide Relationship & List of Relatives
• FrednDaoHoney__________1/17/2009 - 10/15/2009 - 271 days in AP - APPROVED
• JohnCali9 _______________8/6/2009 - 10/21/2009 - 76 days in AP - APPROVED
  K1 Visa - First blue RFE: Ex-wife's situation & Timeline
• MichaelAndKha___________8/15/2009 - 10/21/2009 - 67 days in AP - Denied
  K1 Visa - First blue RFE: Timeline
  Reasons for Denial: 1.Inconsistent photos, 2.No engagement ceremony, 3.Lack of marriage ceremony details
• Andy (not a VJ member)____8/17/2009 - 10/23/2009 - 67 days in AP - Denied
  K1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline
• Minh&Nhan (not a VJ member)__09/07/2009 - 10/23/2009 - 46 days in AP - APPROVED
• Huong and Phung _________9/8/2009 - 10/27/2009 - 49 days in AP - Denied
  CR1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline
• JeromeBinh______________8/20/2009 - 10/28/2009 - 69 days in AP - Denied
  K1 Visa - First blue RFE: Ex-wife's situation, Timeline & List of Relatives
  Reasons for Denial: 1.Inconsistent Photos, 2.Communiciation not credible, 3.One visit, 4.Small engagement, 5.Engagement shortly after meeting, 6.B has 3 relatives in US, but only listed 2; P lived close to B's relatives, 7.Lack of marriage ceremony details
• Ly Trinh _________________8/21/2009 - 10/28/2009 - 68 days in AP - Denied
  CR1 Visa - First blue RFE: Timeline
• Ituan __________________8/10/2009 - 09/15/2009 - 36 days in AP - Denied Additional interview granted for 11/11 2nd denial
  K1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline
• ToanTien________________8/20/2009 - 12/18/2009 120 days in AP APPROVED
  CR1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline-- co-sponsor... yes I said co-sponsor
• Vi&Art____________________8/5/2009 K1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline No results reported.
• Robert & Mai_______________03/04/10 - 3/30/2010 no docs required--26 days in AP APPROVED

Putting things into perspective.. I added the current duration of time in AP for those waiting... it is as of today 5/21

pending review for quite a long time especially in Franks case . We should see the cases starting to get processed in the next couple of months... if its an annual thing, we have about 70 more days before we hit the key month (August) before the end of fiscal Sept 30.....

[Huong and Phung 0]

214 days and counting? Hang in there Frank. Better to be there at the Embassy than back to the U.S. Good luck.

[Frank and Duyen 0]

214 days and counting? Hang in there Frank. Better to be there at the Embassy than back to the U.S. Good luck.

Thanks Huong. You're right, at least our petition is still there. I'll be back at the consulate soon to shake the tree a little harder this time.

I hope your rebuttal is quick and succesful, you've waited far longer than we have.

Frank

[ScottThuy 140]

I can only wonder if it is possible to politely ask/insist for and get to talk to a supervisor when at the window... it has been said that when one submits the paper at the first window, to note the request to talk to a supervisor on the paper as the paper becomes part of the case... I would expect a supervisor to try to provide the same copy paste type of responses, but it could be possible that they would potentially provide some insight or influence on the case...

The congressional liason tried to tell me yesterday that they could be sitting on cases waiting for the end of the fiscal to near so they could shift other visas from other visa categories as they are limited the numbers of visas in different categories and near the end of fiscal will shift visas around to use the extras from other categories... this made some sense, but we were already in the queue for a visa when we had our initial interview... it should not be that since we were not granted one then, we have to wait to see if there are any left over at the end of the year... quite an odd theory IMO.. but who knows what the consulate is doing....

I have great hopes that we will all get decisions in the next 70 to 90 days... I know it seems like so much more time to wait, but in the big picture of life, its only 10 to 13 weeks... if anyone gets a face to face with a supervisor,please ask if they clean house in August.. it can't hurt to ask can it?

[BinhJerome 14]

I can only wonder if it is possible to politely ask/insist for and get to talk to a supervisor when at the window... it has been said that when one submits the paper at the first window, to note the request to talk to a supervisor on the paper as the paper becomes part of the case... I would expect a supervisor to try to provide the same copy paste type of responses, but it could be possible that they would potentially provide some insight or influence on the case...

The congressional liason tried to tell me yesterday that they could be sitting on cases waiting for the end of the fiscal to near so they could shift other visas from other visa categories as they are limited the numbers of visas in different categories and near the end of fiscal will shift visas around to use the extras from other categories... this made some sense, but we were already in the queue for a visa when we had our initial interview... it should not be that since we were not granted one then, we have to wait to see if there are any left over at the end of the year... quite an odd theory IMO.. but who knows what the consulate is doing....

I have great hopes that we will all get decisions in the next 70 to 90 days... I know it seems like so much more time to wait, but in the big picture of life, its only 10 to 13 weeks... if anyone gets a face to face with a supervisor,please ask if they clean house in August.. it can't hurt to ask can it?

Scott, I talk with a CO from HCMC on a regular basis, and I turned him onto this site. He doesn’t post here, but he does enjoy reading everyone’s posts. He says they DO NOT clean house anytime of the year, and that it is funny to even think this way. There is also NO limit to any visa they can issue PERIOD. If they had one million K1 visa’s that looked good they could approve all one million. He does not know where your senator got his information, but it is wrong. He did say that when a file is in AP for a long time it is not usually a good thing depending on what the petitioner does while in AP. He has a file that he has been “sitting on” for 4 months, the people have only sent in 2 emails requesting information, to him this is a bad thing, and he wants to see lots of inquiries, but he also stressed that other CO’s feel differently, and feel they can be a nuisance. He did say that when they get put into AP and just sit is because there is a bad feeling on the case, or it could be a great case with a very bad interview. He also stressed that for him when he sits on a petition it is usually because he wants to deny, but that he is giving the people one last chance to change his mind, and most of his co workers feel the same way. I showed him the papers from my lawyer in regards to my case with the CO’s notes, and I guess he said that our CO still works there, but that after my inquiry he was suspended and just recently was allowed to start doing interviews again. Jerome

VJ Members currently in AP/AR at HCMC:

· Frank And Duyen ___________10/20/2009 CR1 Timeline ..... 214 Days

· Terry1____________________11/00/2009 CR1 - proof of paternity ....approx 190 Days

· AnhBob___________________12/07/2009 CR1- proof of bonafide, timeline, info about ex, info about child... 166 Days

· RaymondV_________________12/00/2009 K1- timeline.....approx 150 Days

· Ronnie&Hang______________12/29/2009 K1- timeline, medical results from Cho Ray....144 Days

· James & Nicole_____________01/04/2010 K1- timeline, ex-wifes address, medical results from Cho Ray:awaiting TB treatment ....138 Days

· ScottThuy__________________03/01/2010 K1- timeline, ex-spouse address,police cert.......... 82 Days

· Josh_A___________________03/05/2010 CR1- timeline, Parent info, police cert......... 78 Days

VJ Members who made it out of AP & results:

· Lindal24 ________________7/8/2009 - 10/7/2009 - 91 days in AP - APPROVED

CR1 Visa - First blue RFE: Proof of Bona fide Relationship & List of Relatives

· FrednDaoHoney__________1/17/2009 - 10/15/2009 - 271 days in AP - APPROVED

· JohnCali9 _______________8/6/2009 - 10/21/2009 - 76 days in AP - APPROVED

K1 Visa - First blue RFE: Ex-wife's situation & Timeline

· MichaelAndKha___________8/15/2009 - 10/21/2009 - 67 days in AP - Denied

K1 Visa - First blue RFE: Timeline

Reasons for Denial: 1.Inconsistent photos, 2.No engagement ceremony, 3.Lack of marriage ceremony details

· Andy (not a VJ member)____8/17/2009 - 10/23/2009 - 67 days in AP - Denied

K1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline

· Minh&Nhan (not a VJ member)__09/07/2009 - 10/23/2009 - 46 days in AP - APPROVED

· Huong and Phung _________9/8/2009 - 10/27/2009 - 49 days in AP - Denied

CR1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline

· JeromeBinh______________8/20/2009 - 10/28/2009 - 69 days in AP - Denied

K1 Visa - First blue RFE: Ex-wife's situation, Timeline & List of Relatives

Reasons for Denial: 1.Inconsistent Photos, 2.Communiciation not credible, 3.One visit, 4.Small engagement, 5.Engagement shortly after meeting, 6.B has 3 relatives in US, but only listed 2; P lived close to B's relatives, 7.Lack of marriage ceremony details

· Ly Trinh _________________8/21/2009 - 10/28/2009 - 68 days in AP - Denied

CR1 Visa - First blue RFE: Timeline

· Ituan __________________8/10/2009 - 09/15/2009 - 36 days in AP - Denied Additional interview granted for 11/11 2nd denial

K1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline

· ToanTien________________8/20/2009 - 12/18/2009 120 days in AP APPROVED

CR1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline-- co-sponsor... yes I said co-sponsor

· Vi&Art____________________8/5/2009 K1 Visa - First blue RFE: Proof of Bona fide Relationship & Timeline No results reported.

· Robert & Mai_______________03/04/10 - 3/30/2010 no docs required--26 days in AP APPROVED