How many others out there

[clayr1 3]

Reading all these posts on here I wonder what is really going on with USCIS and vietnam consulate. I have been getting run around Uscis for months. They say over the phone my case is under review but I got a letter 7 weeks ago saying adminstatively closed so which is it? I tend to believe what is in writing. None of my emails to consulate are reponded to. my case is 624 days old now, I have filed rebuttal and new K1 a month ago neither check has been cashed or letter of reciept. Anyone know what to do? I feel they are trying to wait me out so I'll give up. Is it normal that K1 visas can take years? In oct 2009 my fiance failed her interview and got the blue sheet on the sheet it states that "when uscis receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case." I have thus far goten no such opportunity. Anyone know what to do?

[ScottThuy 140]

In this case I would include a congressman,senator or attorney...

[BinhJerome 14]

If you have filed a new application without the first one actually being closed this could cause a problem, it might make even more delays than normal. The first thing that should be noted is that on your first denial, have you confronted all their reasons for denial? If they denied you once and you can not dispute those reasons this time around it is more than likely that you will get denied again. The most important fact is that you have not gotten any notice that your case is over with, no letter stating you have the option for a rebuttal, and no notice that your application has expired. When our application was denied we got the first letter stating we could have the chance to do a rebuttal and that our case was being sent back to america, then a few months later we got a new letter, stating that the application had expired, at that moment we had the option to refile, but we did not have an option for a rebuttal since the case was dead (expired). Remember this is not racing there are not any short cuts that allow you to skip steps to get a jump on things. I would start to email where you sent your check to, and call there as well, try to figure out what the hold up is, but remember the first time how long it took then, it will take as long the second time as well, did you request a waiver on the IMBRA act? Did you sign the check? Did you have the correct address? I know these sound like stupid questions but a simple mistake can cause months of delays. No K1 visa should take years to process, but if there was a rebuttal done, or serious problems with the case then it might happen, but as a norm it usually takes about 10 months from start to finish, this is if it gets denied and they let the case expire, but if they reaffirm or do a rebuttal this is when it might take years. I hope this has given you some insight, and I know you hate the words "WAIT" but at this point this is really the only thing you can do. Good Luck Jerome

[JimVaPhuong 4,863]

Reading all these posts on here I wonder what is really going on with USCIS and vietnam consulate. I have been getting run around Uscis for months. They say over the phone my case is under review but I got a letter 7 weeks ago saying adminstatively closed so which is it? I tend to believe what is in writing. None of my emails to consulate are reponded to. my case is 624 days old now, I have filed rebuttal and new K1 a month ago neither check has been cashed or letter of reciept. Anyone know what to do? I feel they are trying to wait me out so I'll give up. Is it normal that K1 visas can take years? In oct 2009 my fiance failed her interview and got the blue sheet on the sheet it states that "when uscis receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case." I have thus far goten no such opportunity. Anyone know what to do?

You've given us very little information, so far. It's really difficult to offer any useful advice without knowing the details.

How many petitions have you filed, in total? When was the first petition filed? You said this had been going on for over two years - did it take two years from the time you submitted the petition before she got an interview? If so, why? Was the interview in October, 2009, her FIRST K1 interview? Was the letter that said "administratively closed" from USCIS, or was it from the consulate? Was the new K1 petition sent AFTER you got the letter? Are you dealing with California or Vermont Service Center?

As far as the consulate is concerned, they are finished with you. They don't have your petition anymore, so there's no point in trying to communicate with them.

As Jerome has outlined, you can't file a rebuttal until there's something to rebut, and USCIS hasn't issued any notice of anything you could rebut yet. When USCIS sends you a notice of intent to revoke or deny your petition, THEN you will have something to rebut. You'll also have only 30 days to send your rebuttal.

[clayr1 3]

If you have filed a new application without the first one actually being closed this could cause a problem, it might make even more delays than normal. The first thing that should be noted is that on your first denial, have you confronted all their reasons for denial? If they denied you once and you can not dispute those reasons this time around it is more than likely that you will get denied again. The most important fact is that you have not gotten any notice that your case is over with, no letter stating you have the option for a rebuttal, and no notice that your application has expired. When our application was denied we got the first letter stating we could have the chance to do a rebuttal and that our case was being sent back to america, then a few months later we got a new letter, stating that the application had expired, at that moment we had the option to refile, but we did not have an option for a rebuttal since the case was dead (expired). Remember this is not racing there are not any short cuts that allow you to skip steps to get a jump on things. I would start to email where you sent your check to, and call there as well, try to figure out what the hold up is, but remember the first time how long it took then, it will take as long the second time as well, did you request a waiver on the IMBRA act? Did you sign the check? Did you have the correct address? I know these sound like stupid questions but a simple mistake can cause months of delays. No K1 visa should take years to process, but if there was a rebuttal done, or serious problems with the case then it might happen, but as a norm it usually takes about 10 months from start to finish, this is if it gets denied and they let the case expire, but if they reaffirm or do a rebuttal this is when it might take years. I hope this has given you some insight, and I know you hate the words "WAIT" but at this point this is really the only thing you can do. Good Luck Jerome

[clayr1 3]

Jerome, has your wife/fiance gotten here yet? I know your case is getting old. Recently I have wrote to congressman and senator. First K1 visa was filed aug 2008. Scott I got letter from USCIS in vermont saying administratively closed because original validity dates have passed, It also says no further action is required. I have not gotten NOID unless this is it. Yes consulate in saigon is done with me . I have not been sent any other letter offering me opportunity to rebut anything. My fiance has only gone to 1 interview oct 2009. Hope this answers things, my application was approved 1/5/09 so it took 10 months for first interview. I have now filed new K1 3/10 under advise from USCIS 18003755283

[ScottThuy 140]

Jerome, has your wife/fiance gotten here yet? I know your case is getting old. Recently I have wrote to congressman and senator. First K1 visa was filed aug 2008. Scott I got letter from USCIS in vermont saying administratively closed because original validity dates have passed, It also says no further action is required. I have not gotten NOID unless this is it. Yes consulate in saigon is done with me . I have not been sent any other letter offering me opportunity to rebut anything. My fiance has only gone to 1 interview oct 2009. Hope this answers things, my application was approved 1/5/09 so it took 10 months for first interview. I have now filed new K1 3/10 under advise from USCIS 18003755283

Things sound pretty good then.. the letter sounds like the closing of the previous case and they would do that before they accept the new one....you should seeprogress in the new case now including NOID which you will have to respond to ASAP.. they will likely tell you in the NOID what the problem was in the previous case... that will need to be addressed before they proceed with the new one........ load the new one up addressing everything...

[BinhJerome 14]

Our case is done and over with. I moved to Vietnam to be with Binh, and we decided not to try and refile. To much BS with what went on. The CO in our case said our relationship was a sham, and accused us of trying to commit visa fraud, while he was intentionally lying the entire time on our case. We had previously talked about retiring in Vietnam, so this just made our "retirement" that much sooner. In 2012 my family is having a reunion and we will try for a visitor visa so that she will be able to go there and meet my family, but that is about all we plan on doing with the US from now on. as Scott said it sounds good with your case, and that it is going to be able to move forward. I am not sure if you will get a NOID or not but if you do as I said before make sure you can prove that the reasons they denied you in the first case were bull sh#t reasons. Some people here feel that the NOID is a new tactic and are wanting to watch and see what and how this happens. I feel it is simply a way to try and fase out people being able to file over and over again, or maybe even get rid of the K1 visa as they seem to be phasing out the K3. With all the cases of visa fraud the world over I feel that maybe they would rather see some sort of commitment prior to a person asking for their loved one being able to come to the US, this is simply my opinion on the matter with no factual basis, so if you do get a NOID then you will have to try that much harder, each case is different, and some cases should easily be able to overcome a NOID while others it will not be so easy. Just be prepared for an uphill battle this time around, and dont loose hope. I would suggest that if this application also goes south for you to try doing it differently next time, either hire a lawyer, try for a CR1, or think about having her move to a different country for a time and try there. I know the last suggestion might seem odd, but if HCMC is in the mindset of high fraud, this might be a viable option for someone that chooses to avoid HCMC consulate all together. Good luck Jerome

[JimVaPhuong 4,863]

Jerome, has your wife/fiance gotten here yet? I know your case is getting old. Recently I have wrote to congressman and senator. First K1 visa was filed aug 2008. Scott I got letter from USCIS in vermont saying administratively closed because original validity dates have passed, It also says no further action is required. I have not gotten NOID unless this is it. Yes consulate in saigon is done with me . I have not been sent any other letter offering me opportunity to rebut anything. My fiance has only gone to 1 interview oct 2009. Hope this answers things, my application was approved 1/5/09 so it took 10 months for first interview. I have now filed new K1 3/10 under advise from USCIS 18003755283

Ok, so it's really more like 18 months, and it just took an unusually long time to get from approval of the petition to the interview (for whatever reason).

The letter you got from the Vermont Service Center is NOT a NOID. It's a somewhat standard response when USCIS doesn't want to waste any time deciding if the consulate's accusation is true or false, so they take the easy way out and just close the case because the petition's approval has expired.

The tactic that Scott mentioned is being used at the California Service Center. I haven't heard about it being at VSC yet, but it could be. Like he said, it involves them sending a NOID on the second petition, and the reasons they cite are the consulate's reasons for denying the visa on the first petition. This tactic is new, and we're still watching to see how these cases turn out. If this happens to you, then you'll be the first case at VSC that I've heard about where this tactic was used.

Just out of curiosity, did you send the second petition with any sort of delivery confirmation? It's very curious that they haven't cashed your check or sent any notice of receipt yet. Either something is still going on with the previous case (the new CSC tactic perhaps), or your petition got lost.

In any case, keep checking with them, and keep the heat on. If you do get a NOID then you absolutely must respond to it with a vigorous rebuttal. When the consulate denied your fiancee a visa, they were essentially accusing her of misrepresentation under section 212(6)(C ) of the Immigration and Nationalization Act (INA). In other words, they accused her of fraud. This accusation is still in her records at USCIS, and potentially hangs over any petition filed for her. Lawyers call it a "P6C marker". If USCIS decides to make a decision on this accusation, that's when you'll get a NOID. If you don't respond with a rebuttal, or if the rebuttal fails and they deny the petition approval, then the P6C marker becomes a "finding of fact"; i.e., she's guilty of immigration fraud. You may eventually get a petition approved for her in the future, but she'll be denied any sort of visa. You'll have to apply for a hardship waiver. It will take considerably less time and trouble if you respond to the NOID and stop them from denying the petition. You have a very limited amount of time to respond to the NOID, so gather your evidence and be prepared to put together a rebuttal quickly.

[Darnell 8,478]

you might want to check in with Marc Ellis, pay for an hour of consult, just to be certain you are 'on track'.

Google 'Marc Ellis Immigration' for his web site and contact info.

Marc comes highly recommended, for cases going to HCMC.

Good Luck !

[clayr1 3]

yes 2nd petition was sent certified and they recieved it. check not being cashed is a concern since they got it 4 weeks ago. Jerome, you live in Vietnam now? What do you do to earn a living? Are you there to stay?

[BinhJerome 14]

yes 2nd petition was sent certified and they recieved it. check not being cashed is a concern since they got it 4 weeks ago. Jerome, you live in Vietnam now? What do you do to earn a living? Are you there to stay?

Yes I am here to stay. Right now I tutor English to a few children. As soon as we get our marriage license signed (may 11th) I will then work on visa exemption, after I obtain my 5 year visa exemption I will start looking for work at one of the many learning centers around HCMC or maybe even teach in one of the many international schools that are also here in HCMC

[BinhJerome 14]

yes 2nd petition was sent certified and they recieved it. check not being cashed is a concern since they got it 4 weeks ago. Jerome, you live in Vietnam now? What do you do to earn a living? Are you there to stay?

Yes I am here to stay. Right now I tutor English to a few children. As soon as we get our marriage license signed (may 11th) I will then work on visa exemption, after I obtain my 5 year visa exemption I will start looking for work at one of the many learning centers around HCMC or maybe even teach in one of the many international schools that are also here in HCMC

[Teacher Mark 53]

Yes I am here to stay. Right now I tutor English to a few children. As soon as we get our marriage license signed (may 11th) I will then work on visa exemption, after I obtain my 5 year visa exemption I will start looking for work at one of the many learning centers around HCMC or maybe even teach in one of the many international schools that are also here in HCMC

Not without a work permit.

[BinhJerome 14]

Not without a work permit.

I am aware that I will still need a work permit. I already have all the required documents needed to obtain it. Also the schools will be the ones that will get the work permit as I am sure you already know. But my first concern is getting the 5 year visa. I actually go to work in June for one month then pending my performance they will give me a 2 year contract and get all the work permit paperwork done. Jerome

Edited April 25, 2010 by jeromebinh