NOID on 2nd K1 application

[Dang Lang Thang 0]

The current status is Notice of Intent to Deny.

There's much to say (after 2 years of frustration). Below is a summary of my situation/case.

Relationship Timeline

First meeting: November 2006

P(etitioner) and B(eneficiary) first met at Café 888 in Ho Chi Minh. I was patron. Phuong was a hostess. We chatted and exchanged phone numbers.

Early dates: November-December 2006

Long distant relationship: December 2006 - November 2007

Second return visit: November 2007 - December 2007

Proposal: November 18, 2007

Vacationing together: November 2007 - December 2007

Nha Trang for one week.

one week Malaysian-Singapore packaged tour. Christmas eve together in Singapore and Christmas day together in Ho Chi Minh city.

Maintaining our relationship: December 2007 – August 2008

We continued to stay in contact almost daily through emails, phone calls, internet chat/calling.

Third return visit: August 2008

I returned to Vietnam to visit for three weeks before starting my new job.

We visited several immigration attorneys and agencies to inquire and discussed about what to do for a visa petition. We also discussed our plans for a traditional Dinh Hon ceremony when I am able to save enough time-off from my new job.

Visa petition: November 19, 2008

I submitted the K1 fiance visa petition prior to Dinh Hon engagement ceremony. (I didn’t know any better.)

Visa denial from Interview: June 30, 2009

US Consulate (in HCMC) denies visa. Claims non-bona-fide relationship with purpose to evade immigration laws:

Reasons: No Dinh Hon engagement ceremony. Beneficiary did not know names of my company, my boss, my university, my friends, my locality. (80% of questions answered successfully during 1 hour interview.)

Notice of Decision (Expired) for K1 Petition: September 11, 2009

States that I am free to re-apply.

Visa petition #2: November 1, 2009

I reapplied with rebuttal information on questions and answers of first interview. I included correspondence appeal with HCM Chief and Senator. I explain that during the petition period, I will be re-visit and hold my Dinh Hon engagement ceremony.

Fourth return visit: October 2009 – December 2009

I returned to for six weeks.

On December 9, 2009 we had our traditional Dinh Hon ceremony with our two families.

We traveled and vacationed with tour packages to My Tho, Ben Tre, Vinh Long, Can Tho, Chau Doc, and Da Lat.

Submit Additional Evidence Exhibits: January 15, 2010

Unsolicited, I sent in my boarding pass, (Da Lat,My Tho, Ben Tre, Vinh Long, Can Tho, Chau Doc) vacation photos, Dam Hoi engagement ceremony photos, and this time-line. No receipt was provided. I wonder if they got the info to put into my file.

Received Notice of Intent to Deny: March 9, 2010

Recited the exact info of the review from the 1st interview stating non-bona-fide relationship with purpose to evade immigration laws. No comment / feedback was given for my rebuttal arguments or new evidence exhibits.

[Dang Lang Thang 0]

Today, I have retained Mr. Ellis as counselor.

[JimVaPhuong 4,863]

Marc started a thread in the K1 forum about this sort of thing. Maybe yours was the case he was referring to. According to Marc, this is a good thing. It takes away the opportunity for the consulate to sit on the second petition while waiting for a final judgment on the first petition, which never comes. It gives you an opportunity to formally respond to the accusations made by the CO. It also avoids the P6C marker (material misrepresentation) in the beneficiary's file if you win.

You have good counsel. Listen to him and follow his advice.

[Dang Lang Thang 0]

Marc started a thread in the K1 forum about this sort of thing. Maybe yours was the case he was referring to. According to Marc, this is a good thing. It takes away the opportunity for the consulate to sit on the second petition while waiting for a final judgment on the first petition, which never comes. It gives you an opportunity to formally respond to the accusations made by the CO. It also avoids the P6C marker (material misrepresentation) in the beneficiary's file if you win.

You have good counsel. Listen to him and follow his advice.

Hi Jim,

I have seen Marc's posting of the topic on a different site. I am a new case.

As you have commented in the other thread, I cannot see how this is a good thing. USCIS claims the first petition is expired/dead. I had proactively tried to submit a rebuttal, but USCIS claims expiration. I then included the rebuttal address in the second petition. Why make me (and others) paid $455 just the refer to expired info that they were not willing to review initially. The language from the notice indicates that they did not review my rebuttal and additional evidence. Why does USCIS give the green light to re-apply when they will stop it. Our understanding is that USCIS only needs to qualify base on a current active relationship (void of criminal history) to approve the petition. It is at the Consulate interviewing that scrutinizes the sincerity of the relationship.

As a note, I have performed the various supplemental actions aid my case:

Background: there is no adverse information. P(etitioner) is divorcee of 11 years. B(eneficiary) is single. No criminal record. I had requested my ChoicePoint info. It came up clean.

Rebuttal: immediately responded to Consulate after failed interview to keep case active in HCM.

immediately requested Senator's assistance after failed interview to keep case active in HCM. Senator's office response: Just wait for review.

pro-actively (unsolicited) submitted rebuttal twice to USCIS while file was being sent back. A USCIS CSR suggested I do this be early in process. First time, USCIS director sent it back saying file has not arrive. Second time, USCIS director sent it back saying file has expired.

requested Senator's assistance when USCIS notified case has expired. Senator's office response: Sorry, nothing we can do.

[Dang Lang Thang 0]

I also requested copies of the CO interviewing notes through FOIA.

Guess what? I was sent fours pages of emptiness - four blank pages.

I can't tell if it was error of omission or error of incompetency.

[ScottThuy 140]

I also requested copies of the CO interviewing notes through FOIA.

Guess what? I was sent fours pages of emptiness - four blank pages.

I can't tell if it was error of omission or error of incompetency.

How long did it take for FOIA info to get to you after you requested it?

[Dang Lang Thang 0]

How long did it take for FOIA info to get to you after you requested it?

I faintly remember that it took around 6 weeks.

[Dang Lang Thang 0]

I faintly remember that it took around 6 weeks.

I just checked my records. It took 8 weeks. Sent 09/20/09. Received response 11/23/09. Below is the response:

"You specifically requested a copy of the Interview notes from US Consulate on interview with Phuong ____ (Beneficiary) in case number HCM2009565082, INS receipt number WAC0903451011 regarding submitted I-129F, Petition for Alien Fiance(e), from the file.

We have completed the review of all documents responsive to your request and have identified four pages which are responsive to your request. We have referred four pages to the Department of State for their direct response to you. We were unable to locate the Interview notes from the US Consulate in the file.

The enclosed record consists of the best reproducible copies available."

They enclosed four blank pages with heading "Referred to: State Department".

[ScottThuy 140]

I just checked my records. It took 8 weeks. Sent 09/20/09. Received response 11/23/09. Below is the response:

"You specifically requested a copy of the Interview notes from US Consulate on interview with Phuong ____ (Beneficiary) in case number HCM###########, INS receipt number WAC******** regarding submitted I-129F, Petition for Alien Fiance(e), from the file.

We have completed the review of all documents responsive to your request and have identified four pages which are responsive to your request. We have referred four pages to the Department of State for their direct response to you. We were unable to locate the Interview notes from the US Consulate in the file.

The enclosed record consists of the best reproducible copies available."

They enclosed four blank pages with heading "Referred to: State Department".

notes on the back of the file folder must not apply to "notes" I have read that many request copies of the actual front and back of the case file itself to see any notes there...

[lindal24 1]

maybe you need to ask the correct question in your FOIA request. Instead of saying "notes to the interview" perhaps you should request "a copy of the working file in it's entirety."

Having dealt with FOIAs before, what you request is what you get, no more and probably even less...