Thuy's Interview @ HCMC

[BinhJerome 14]

It was a blue slip... not a green.. We still have a great deal of evidence because they would not accept it from her... no doubt about the fact that the decisision was made already... we have already been through AP at NVC and they even called me asking for my exwife.. a great deal of the interview dealt with questions about our ex's... all answers were correct but the CO clearly did not like the answers...

What realy surprises me is that they are asking for evidence that they already have... stuff that was frontloaded that they can't deny having.

There is no rebuttal in the process we are going through.. we have to provide the evidence again along with everything else we have that they have not asked for in the blue slip...

What gets me is that they refused to accept an affidavit from the former mayor of our town who has known me for 7 years and who has known Thuy for 3... in his role as the Vice President of the University that I teach for working with VVienam National University... his affidavit detailed his knowlledge of the both of us and also our relationship as we individually have discussed it with him all along and have dined together with him in HaNoi in early 2009 as a family with my son.

What was done is so out of line that there should be some sort of accountability associated with her(the CO) actions...

I have a great many friends in government that I don't like to ask for favors or talk to about the ####### that we are going through... Mr Fairfax will have to defend his officers actions if not to me, to a great many that can hold him accountable through thier positions in the government.

The reasonable people that I deal with every day clearly see that our relationship is real and are speechless today... an unreasonable CO should not be making the decision... Only an unreasonable person would inquire about sexual relations between unmarried adults in a country/culture that frowns on it...

Scott, I feel you, we had what they wanted when Binh got her first blue, heck, I got through to the supervisors here in USA and the reasons for our denial, the co had notes on that proved he straight up lied. point blank, when he said I made one trip, he noted himself that I was there on the 13th of October, he also noted we had a big engagement party, and in denial said it was small. If you want to scream out of line, and no accountability, get in line. The supervisor said and I quote "It appears for some reason they intentionally miss handled your case, and made false accusations about the evidence you submitted in the reasoning of the recommendation for denial, however with this proof, I am sad to say there is still nothing I can do for your case accept to reaffirm the petition" So there is nothing you can do, you can resubmit the evidence you say they did not look at and hope for the best. Maybe you will still get pink, as your case is now requesting more time and evidence, but the only good thing that comes from crying about what they did not do is that you get to vent. Good luck Jerome and Binh

[BinhJerome 14]

Thuy said the CO acted as if she could not understand her.in either language. Could be due to the northern VN dialect.. the translation didnt reflect what she had said... it was compared to Thuy saying a story and then the CO saying 1 or 2 words.... I imagined those old kung fu movies where a guys mouth moves forever and you only hear two words..

I think the Black female CO is one of the big guns.. the other being that korean woman.. if they are the one doing the interview, then it will likely get ugly and take a long time... When I am there in a few weeks I will go in ahead of time and talk to the Consulate General. not as much to complain, but to inquire why documents were ignored that were in the initial filing as well as why documenst were refused at the interview... I want the CO's to be able to prevent visa fraud... I have seen far too much of it here... I also don't want to see families put through the pain that I have seen so many go through and am starting to feel myself...

The issue is that we were both legally married when we met..that is likely what they have a problem with.. most of the questions focused on that topic. had they accepted the notarized timeline she had with her and tried to give them, they would totally understand the relationship between us and our former spouses. If there is a political issue regarding her family or the north regarding what happened 40 years ago someone needs to grow up.. with all of the horror stories that Thuys grandmother told her growing up, it is amazing that she would even consider going to eat with an american, let alone marry one... they put it behind them and don't blame me for the actions of others...

I can address the issue with documentation and submit the documents that they refused to acceppt yesterday... IMO that, along with being there, and wanting to resolve any issues and take my fiance back to the US with me shows alot.

You were both legally married when you met???? I am sure that is the main reason, and I really hate to say this, but that is a big problem, think of it like a CO, your wife is in jail, or you are married, while you are married you meet a woman overseas, she is also married, you BOTH engage in a relationship, and then you BOTH get divorced and file for a visa?? People that have loved ones in jail or prison all the time get divorced and marry a foreigner to make some extra cash, it is not even unheard when people are married and get this offer of cash, the only catch is they have to get a divorce and one has to marry someone for a while, people have been caught with two women living in the same house, the ex wife and the new wife. I do not know what i would have done in your situation, I am not accusing you of visa fraud by any means, but if this were my situation, I would have back dated meeting the woman just to be safe, but even in doing so, it would always seem strange that you both happened to get divorced around the same time that you met for the first time. Either way, good luck Scott, it sounds like you are going to need it. Jerome

[ScottThuy 140]

Scott, I feel you, we had what they wanted when Binh got her first blue, heck, I got through to the supervisors here in USA and the reasons for our denial, the co had notes on that proved he straight up lied. point blank, when he said I made one trip, he noted himself that I was there on the 13th of October, he also noted we had a big engagement party, and in denial said it was small. If you want to scream out of line, and no accountability, get in line. The supervisor said and I quote "It appears for some reason they intentionally miss handled your case, and made false accusations about the evidence you submitted in the reasoning of the recommendation for denial, however with this proof, I am sad to say there is still nothing I can do for your case accept to reaffirm the petition" So there is nothing you can do, you can resubmit the evidence you say they did not look at and hope for the best. Maybe you will still get pink, as your case is now requesting more time and evidence, but the only good thing that comes from crying about what they did not do is that you get to vent. Good luck Jerome and Binh

Thanks.. We have put that bad day behind us and are now prepared for the next phase.. I was amazed at the number of people that had the same type of interview and the number of people that get the exact same blue slip... IMO it was all set before she got there and they only grilled her to try to shake her up and find lies that did not exist... She did a great job and was not phased by thier tactics... Now that we have meet thier requests we are expecting a pink and if they give her a blue, I will be there for the USC hour just after her appt. to address the issue... if they want to talk to me at her appt, they will know I am sitting outside waiting for the chance...

A good portion of those that got the same blue, were approved at the next appt. when they provided what was requested... we are very optimistic... as they must show some proof to deny and there is none...

[BinhJerome 14]

It's not a loophole. It's the law. The consulate has very little leeway in denying a visa. They can't just pull a reason out of a hat. The authority to approve a visa petition lies with USCIS. The presumption in the law is that a beneficiary is eligible for a visa if USCIS approves the petition. This puts the burden on the consulate to find a reason under 8 CFR to classify the beneficiary as inadmissible.

The consulate certainly could deny a visa, citing a reason which was revealed in the initial petition. If USCIS is willing to admit that they screwed up, and never should have approved the petition with the cited reason having been revealed, then USCIS will issue a notice of intent to revoke. Otherwise, USCIS is simply going to reaffirm the petition.

Petitioner and beneficiary being married at the time they met each other is not cited anywhere in the INA, 8 CFR, or FAM as a class of inadmissibility. This very well might send up flares at the consulate, but they can't cite it as a reason to deny. If they could, then Scott's fiancee would have gotten a white sheet at the interview. Instead, they're digging for something they CAN use as a reason to deny, and which they believe will result in the petition approval being revoked. Since USCIS is not likely to admit that they were wrong, the consulate is hard pressed to come up with new evidence.

I wasn't implying that simply listing your red flags in the petition will guarantee an approval. If you did this without also providing a sufficient explanation for each red flag then you'd only be telling the consulate where to focus their investigation.

Jim, I know you are citing the laws of what they can and can not do, I was told by a supervisor on our side that it was clear they intentionally lied to give reasons for denial. POINT BLANK the CO can do ANYTHING they want with NO repercussions, the worst thing that can happen is what happened in our case, where someone here asked for notes, and the CO probably got a reprimand from it, but I have heard that same CO is still a CO so nothing happened and he was a PROVEN LIAR by HIS OWN notes on our case, not just what I am saying, this was proven by HIS OWN NOTES, the only reason they have to say is it appears to be a sham, and boom it is denied, as far as reaffirmation goes if they hold it for 2 months like they did ours, then guess what, your petition has expired, and it can NOT be reaffirmed, and they get off. They knew that I had senators, and even supervisors snooping into our case, they knew what was found out was 100% lies, so they held on to our case and sent out emails stating it had been sent back already, the evidence that the supervisor got was faxed from their office by a supervisor on their side. So you can quote all the laws you want, it is bull, we know it they know it, we are still forced to dance with the devil though.

[ScottThuy 140]

You were both legally married when you met???? I am sure that is the main reason, and I really hate to say this, but that is a big problem, think of it like a CO, your wife is in jail, or you are married, while you are married you meet a woman overseas, she is also married, you BOTH engage in a relationship, and then you BOTH get divorced and file for a visa?? People that have loved ones in jail or prison all the time get divorced and marry a foreigner to make some extra cash, it is not even unheard when people are married and get this offer of cash, the only catch is they have to get a divorce and one has to marry someone for a while, people have been caught with two women living in the same house, the ex wife and the new wife. I do not know what i would have done in your situation, I am not accusing you of visa fraud by any means, but if this were my situation, I would have back dated meeting the woman just to be safe, but even in doing so, it would always seem strange that you both happened to get divorced around the same time that you met for the first time. Either way, good luck Scott, it sounds like you are going to need it. Jerome

Jail? prison? My ex is an Atty... never been in jail we were on our way to divorce a year before I met Thuy... and Thuy was only married on paper.. never really married...

My first wife is a POS and she has legal problems.. but no effect on us.. The timeline explained the entire relationship, but they didn't take note of what was there..

It will all get straightened out in a few weeks..

[BinhJerome 14]

Thanks.. We have put that bad day behind us and are now prepared for the next phase.. I was amazed at the number of people that had the same type of interview and the number of people that get the exact same blue slip... IMO it was all set before she got there and they only grilled her to try to shake her up and find lies that did not exist... She did a great job and was not phased by thier tactics... Now that we have meet thier requests we are expecting a pink and if they give her a blue, I will be there for the USC hour just after her appt. to address the issue... if they want to talk to me at her appt, they will know I am sitting outside waiting for the chance...

A good portion of those that got the same blue, were approved at the next appt. when they provided what was requested... we are very optimistic... as they must show some proof to deny and there is none...

Good luck with it Scott, all you can do is sit and hope. I know when I went there 10 days before the denial, he would not even look at my passport or the evidence I had with me, just said it was still in AP. I think that if I had not gotten my senator involved or had the supervisors back here do some snooping, that they would have sent ours back sooner allowing it to get reaffirmed. I truly feel that we will get a denial no matter what we do, after all I shook the tree pretty hard and the CO never fell out, the only thing I hoped for was to show him he was being watched at least, and maybe he would not do the same again, but with your case, I see that was just a cake dream, and no matter what they feel they are untouchable, and as in your case, they not only feel like it but they act like it as well. Good luck on the resubmission, I think I might be able to finally move there in another two months, hoping maybe as early as March instead of my planned May move.

Jerome

Jail? prison? My ex is an Atty... never been in jail we were on our way to divorce a year before I met Thuy... and Thuy was only married on paper.. never really married...

My first wife is a POS and she has legal problems.. but no effect on us.. The timeline explained the entire relationship, but they didn't take note of what was there..

It will all get straightened out in a few weeks..

I was not saying that your wife was either, just stating what happens on a regular basis. I feel that any EX is just that an EX and should have nothing to do with any petition. I was just stating what happens, and as you said you will get it straightened out in a few weeks.