I'm new here and need help.

[topsy kretts 0]

Hi everyone,

First of all I want to introduce a bit about myself. I'm 25 from Saigon, Vietnam. Recently I just got engaged to my fiance, who is American from PA, USA. We didn't have a ceremony yet but plan to have one early next year. My fiance and I are thinking of filling Fiancee visa for me then we can get married in the US. We haven't filled any forms yet because we're not sure what we need to do. We've never been married before. Our criminal records are clean. He has a stable job and pays taxes. It seems everything is good for him and we should not have any problem on his side. But there's one thing that makes us really concerned. I had an ex fiance (I was engaged before too), who was also American. We were in love for 4 years and applied for fiancee visa. But things didn't work out so we broke up. My case was denied and I never got the visa. I was ok with that because I didn't want to go to the US and be with him anymore. Now I'm enaged again but to another man. He's many times better than my ex and makes me laugh always. We've been in love for over a year now. Recently he made a trip here and we traveled all over Vietnam. His family wants us to get married soon and rushes him to make the visa for me. It seems fiancee visa is the fastest way so we want to try that. But we wonder we would have any problem since I asked for the same kind of visa before? So that's our concern. Hope you can help us or give us any advice. Thank you very much.

[Dau Que 6]

Hi everyone,

First of all I want to introduce a bit about myself. I'm 25 from Saigon, Vietnam. Recently I just got engaged to my fiance, who is American from PA, USA. We didn't have a ceremony yet but plan to have one early next year. My fiance and I are thinking of filling Fiancee visa for me then we can get married in the US. We haven't filled any forms yet because we're not sure what we need to do. We've never been married before. Our criminal records are clean. He has a stable job and pays taxes. It seems everything is good for him and we should not have any problem on his side. But there's one thing that makes us really concerned. I had an ex fiance (I was engaged before too), who was also American. We were in love for 4 years and applied for fiancee visa. But things didn't work out so we broke up. My case was denied and I never got the visa. I was ok with that because I didn't want to go to the US and be with him anymore. Now I'm enaged again but to another man. He's many times better than my ex and makes me laugh always. We've been in love for over a year now. Recently he made a trip here and we traveled all over Vietnam. His family wants us to get married soon and rushes him to make the visa for me. It seems fiancee visa is the fastest way so we want to try that. But we wonder we would have any problem since I asked for the same kind of visa before? So that's our concern. Hope you can help us or give us any advice. Thank you very much.

Do you know how many times the CO have heard of such stories before? Probably too many times already. See the part of your post that I quote in bold. Be patient and don't rush! You don't have a "clean" record (marriage that is) with USCIS. Rushing the relationship now is a sure recipe for Blue slip. Read many other posts in the past detailing steps to a successful petition. In your case, a marriage in VN is the only choice. Do NOT opt for K-1 Visa. The chance of getting a Pink slip this time is close to 0%.

[JimVaPhuong 4,863]

At the consulate in HCMC, anything is possible (or impossible, depending on your perspective).

What happens with your new K1 visa application will depend a lot on what happened to the first K1 visa petition. You said you were denied. What reason was give for the denial, and was the petition sent back to USCIS? If it was sent back, what was the final decision by USCIS? This needs to be determined because it could dead-end your new visa application.

If the first visa was denied under INA 221(a)(6)(C ), then the consulate probably wrote something like "relationship is a sham for immigration purposes" on the denial slip. If this is what happened, then the consulate essentially accused you of fraud. What happens to the petition at USCIS then becomes crucial. If USCIS simply allowed the petition to expire without making any ruling on the fraud accusation, then that P6C marker is still in your record, and it's unresolved. According to a well known immigration attorney, this may be the worst scenario. The consulate may sit on your new K1 visa application waiting for USCIS to make a decision on the first one (i.e., to determine whether or not you are guilty of fraud). If USCIS never makes a ruling, then you could be waiting a very long time. There's a pinned thread in the K1 visa forum about this. Apparently, the USCIS California Service Center has a new way of handling these cases.

If USCIS agreed with the consulate, then they would have sent your ex-fiance a Notice Of Intent to Deny (NOID). If he didn't respond to the letter, or he responded with a rebuttal and USCIS rejected it, then the P6C marker becomes a finding of fact - your record would show you had committed visa fraud, and your new fiance would have to apply for a hardship waiver after your next K1 visa is denied. If USCIS reaffirmed the petition, either after receiving it from the consulate or after receiving a rebuttal to the NOID from your ex-fiance, then the P6C marker is removed from your record, and you don't need a waiver.

Assuming you get the above resolved, you can expect to be questioned about this at the consulate. You should be prepared to overwhelm them with evidence.

[lindal24 1]

How long ago did you file your last visa?

When you were denied, what was the reason for the denial? Did you dispute the decision?

[Bernie C 24]

As you may be aware the HCMC Consulate is a difficult one. You basically have two options, one would be to apply for K-1, the other would be to get married in Vietnam and apply for CR-1.

If you chose to do K-1, I would not expect you'd have to much difficulty getting the I-129 petition through. The I-129f asks if the petitioner has previously submitted any petitions. The answer would be no. However, if the petition was approved, when you (the beneficiary) fill out the applications for the visa you would have to disclose the previous application and that it was denied. This could be a red flag for HCMC.

The key would be to establish a very strong case and evidence of relationship for the interview stage. Since you mention you are looking at having a ceremony next year, you have time to accumulate and provide an evolution of your relationship. It would probably be beneficial to have multiple visits, which during one, you would have a traditional engagement ceremony.

Cannot stress enough to save all the documents you can, pictures, receipts, boarding passes, etc.. from each visit. Also beneficial to have pictures with family and friends too, nit just pictures of the two of you.

I dont know the details of your previous case, why it was denied, how long ago, etc... and cannot be sure how it may affect a new petition, only that it would likely be a red flag.

If you chose to go the CR-1 route and get married in Vietnam, you still need to disclose the same information and provide all the same proofs of relationship. Just the application process would be a bit different.

Unfortunately no one can gaurantee a method that will be successful. My best advice would be to front load the petition application with as much as possible and build a very strong case and proofs of ongoing relationship.

As far as his parents rushing him - well there is no rushing the process (as you may be well aware from the previous experience).

Our Best Wishes are with you.

[topsy kretts 0]

Thanks everyone a lot. My previous case was a mess. I don't think it came from me but my ex. When we applied he had never paid any taxes before. Also he had no stable job. We had to have a co-sponsor. He was married twice. I never knew where his ex's lived but the consulate wanted to know about them. I got a blue slip but submitted all the info and evidence later. I got another green slip saying that they had enough info and asked us to wait. We kept waiting and waiting. I think we waited for 3 years, but during that time things didn't work out between us. We broke up but never asked them to cancel the case. Last year USCIS sent us an email saying

"On June 22, 2009, the post office returned your document I129F, PETITION FOR FIANCE(E) as undeliverable. We will hold it for 180 days from June 22, 2009 to allow you time to contact us. If you do not contact us at 1-800-375-5283 within 180 days, this document will be destroyed and you will need to file a new application or application for replacement with fee..."

I don't know what he told them, or he never did. A months later they sent us another email

"On July 30, 2009, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from July 30, 2009, please call customer service at 1-800-375-5283 for further assistance...."

We stopped contacting each other long time ago so I have no idea why we got denied. Do you think I need to contact him to ask what happened? Seriously I don't wanna be in touch with him again since he hurt me a lot.

[topsy kretts 0]

Do you know how many times the CO have heard of such stories before? Probably too many times already. See the part of your post that I quote in bold. Be patient and don't rush! You don't have a "clean" record (marriage that is) with USCIS. Rushing the relationship now is a sure recipe for Blue slip. Read many other posts in the past detailing steps to a successful petition. In your case, a marriage in VN is the only choice. Do NOT opt for K-1 Visa. The chance of getting a Pink slip this time is close to 0%.

I know but we've known each other for over a year and just got engaged. Didn't have a ceremony but plan to have one early next year. His family and some friends wanna come too. If we didn't have to live so far away we wouldn't try to rush anything. Being apart is hard for us. That's why we thought of applying for k-1 visa but we're nervous.

[Dau Que 6]

Thanks everyone a lot. My previous case was a mess. I don't think it came from me but my ex. When we applied he had never paid any taxes before. Also he had no stable job. We had to have a co-sponsor. He was married twice. I never knew where his ex's lived but the consulate wanted to know about them. I got a blue slip but submitted all the info and evidence later. I got another green slip saying that they had enough info and asked us to wait. We kept waiting and waiting. I think we waited for 3 years, but during that time things didn't work out between us. We broke up but never asked them to cancel the case. Last year USCIS sent us an email saying

"On June 22, 2009, the post office returned your document I129F, PETITION FOR FIANCE(E) as undeliverable. We will hold it for 180 days from June 22, 2009 to allow you time to contact us. If you do not contact us at 1-800-375-5283 within 180 days, this document will be destroyed and you will need to file a new application or application for replacement with fee..."

I don't know what he told them, or he never did. A months later they sent us another email

"On July 30, 2009, we mailed you a denial decision notice for this case I129F PETITION FOR FIANCE(E). The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days from July 30, 2009, please call customer service at 1-800-375-5283 for further assistance...."

We stopped contacting each other long time ago so I have no idea why we got denied. Do you think I need to contact him to ask what happened? Seriously I don't wanna be in touch with him again since he hurt me a lot.

So you've been there, done that. If I were you, hire a good lawyer, one already named in this forum, this time. Remember, you have to put yourself in the CO's shoes and "try" to guess what he or she thinks about your case.

Right now, your case looks like this "Ok, this person tried before to get a Visa into the US via person ABC. Failed our screening the first time. Time to retry again, with a new person." They already get bored with the love stories. They only need a small excuse to deny your petition. In your case, it's a BIG one.

Bottom line, tell your USC S/O to spend $$$ hiring a good lawyer if he really cares to bring you to the States.

[topsy kretts 0]

So you've been there, done that. If I were you, hire a good lawyer, one already named in this forum, this time. Remember, you have to put yourself in the CO's shoes and "try" to guess what he or she thinks about your case.

Right now, your case looks like this "Ok, this person tried before to get a Visa into the US via person ABC. Failed our screening the first time. Time to retry again, with a new person." They already get bored with the love stories. They only need a small excuse to deny your petition. In your case, it's a BIG one.

Bottom line, tell your USC S/O to spend $$$ hiring a good lawyer if he really cares to bring you to the States.

Thank you. We are considering hiring a good lawyer but wanted to hear what people think about this first. My ex applied for k-1 visa in May 2004 till July 2009 we got denied. It was painful but thank God I never got the visa.

[hniHnitsuJ 8]

Thank you. We are considering hiring a good lawyer but wanted to hear what people think about this first. My ex applied for k-1 visa in May 2004 till July 2009 we got denied. It was painful but thank God I never got the visa.

To my understanding, your EX will needS to CLOSE your previous ACCOUNT before you to apply for a new one. A good friend of my in your situation, he needs to CLOSE his EX account before she could apply for another Visa or relationship. I might be WRONG.

I totally agreed with Que, you best-shoots will be CR1, not K1.

good luck.

[Anh map 2,098]

As you and your fiance evaluate your options (marry or not) be sure that you are documenting as much as you can about your relationship. As others have suggested, do a lot of reading here in the Vietnam regional forum (and perhaps the Asia:East & Pacific too) to learn what seems to be the common requests/expectation from the consulate in HCMC.

You may get some strong, blunt replies here on VJ. Do not take it as trying to discourage you. The fact is that HCMC is not an easy place to secure a fiancee or spouse visa. People here want to see couples have success and receive an approval. All cases and couples are different. If you and your fiance prepare well, then you will have a better chance to obtain the visa in a timely (but not so fast) manner.

Welcome to VJ. Welcome to the HCMC adventure.

[lindal24 1]

I know but we've known each other for over a year and just got engaged. Didn't have a ceremony but plan to have one early next year. His family and some friends wanna come too. If we didn't have to live so far away we wouldn't try to rush anything. Being apart is hard for us. That's why we thought of applying for k-1 visa but we're nervous.

I hope you don't take this the wrong way, but if you've been apart 20+ years already, what's another few more years??

I understand that it is hard to be apart, but you should take a step back to look at the big picture. The time apart should stregthen your relationship; and if it doesn't, you really need to reevaluate whether or not you want to spend the rest of your life with this person. I know you said that you've known each other for over a year and just got engaged, but what's the rush?

Now, if you feel that you want to get engaged, you should consider going the traditional route and having your big celebration whenever the time is right. If you're ready to marry, you should do that. You shouldn't do things to rush/delay the visa process because things end up working out regardless of whether or not you get a visa approval if you really care for one another.

You posted earlier that "His family wants us to get married soon and rushes him to make the visa for me." Those are two completely different things. Getting married and getting a visa are related, but what about your family in Vietnam? Don't you think that they would want to partake in your wedding celebrations??

And at this point, K-1 (fiancee) and CR-1 (spouse) visas are being processed in about the same amount of time. So you should definately not try to rush the process and risk getting denied.

There are alot of people who have been in or are going through the same process as you are. They too have spent more than their share of time apart, but it's the end result of being together that ultimately matters. Those who weren't approved visas made it work, and will most likely try for the visa again, but the secret in the whole process that you should know now is that patience is key.

As you decide what you will do, you should think about what I said, not as advice to discourage you, but to look at it from a bigger perspective. Either way, start collecting your evidence now because you may need it when you make your decision.

Welcome to VJ and goodluck!

[BinhJerome 14]

First off HCMC is a hard consulate to get anything done in. I would like to say you will be fine if you file for a K1 visa, but I cannot do that for you, because each case is different, it truly depends on the mood or attitude of the CO doing the interview, they have been known to be rude, ask inappropriate questions about sex in the relationship, and to all out lie. I would also like to say that the CR1 visa is cheaper and it is almost as fast as the K1 visa, not much difference, the problem is that you would have to be married, but there are solutions to this, there was a CO from the US here last week going to marry a Viet woman, he decided to go to a different country to get married, Thailand to be exact, so this might be an option for the both of you. While reading your post I thought it looked good that they were going to just let your visa application expire, but then it seems they changed their minds, what I would do is to call the number they listed, and find out why they denied you, hopefully your ex did not say bad things about you or that they found out things about you that would be hard to overcome, maybe it was all on his end, but since you were the one wanting to move to America it was probably focused more on you than on him, the good thing sounds like it was over 2 years ago that you filed. Maybe you can hire a lawyer, but remember that is not any guarantee, but they will make your application more professional looking, and every little bit can and should help. Just my take on things, good luck Jerome

[topsy kretts 0]

Thank you everyone. I really appreciate your opinions. I'm more nervous and worried now. But if I can't get the visa my fiance will come and live over here. I'm up to him, just as long as we're together I don't care about anything.

[BinhJerome 14]

Thank you everyone. I really appreciate your opinions. I'm more nervous and worried now. But if I can't get the visa my fiance will come and live over here. I'm up to him, just as long as we're together I don't care about anything.

No need to worry, just remember that in life there are things in the way, and sometimes you fall, it truly depends on how you get up from a fall, and the end is what matters, so as long as you have love it will all work out in the end. Binh and I were denied, the CO straight up lied, didnt like my past or something, so I willingly moved here and have not second guessed my decision one bit, as like you all that matters is that Binh and I are together. I am sure with god/buddha's help you will get through this one way or another and you two will be sharing many memories together. Good luck

Jerome and Binh