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Huong and Phung

Waiting for a chance to Rebut.

By Huong and Phung in Vietnam

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Huong and Phung Collaborator

Huong and Phung   0

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam (no flag)
 Timeline
Posted (edited)

How long have it been since our petition got returned to USCIS? Well, since USCIS received our petition on January 7th 2010 and now is May 19th 2010. My congressman assistant is keeping an eye on our petition right now and she got an answer from USCIS that we will hear something after July 7th 2010. So I guess she also get an automatic response just like everyone else. They said the waiting time can be up to 6 months. Well, we're almost there and counting to July, it is 6 months. Suck that things turn out this way. I'm going to Vietnam in July for my brother in law's wedding. They are making this Journey so hard for both of us. We're doing great and with the help of Marc Ellis, hoping for a successful rebut.

Edited by Huong and Phung

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Kevin and Proficient

Kevin and   10

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

How long have it been since our petition got returned to USCIS? Well, since USCIS received our petition on January 7th 2010 and now is May 19th 2010. My congressman assistant is keeping an eye on our petition right now and she got an answer from USCIS that we will hear something after July 7th 2010. So I guess she also get an automatic response just like everyone else. They said the waiting time can be up to 6 months. Well, we're almost there and counting to July, it is 6 months. Suck that things turn out this way. I'm going to Vietnam in July for my brother in law's wedding. They are making this Journey so hard for both of us. We're doing great and with the help of Marc Ellis, hoping for a successful rebut.

Mine took forever, but it appears that they are processing them faster. Are you going to be in VN long? The USCIS only gave us 30 days to rebut after they sent us our NOID.

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

ScottThuy Mentor

ScottThuy   140

Posted
Filed: AOS (apr) Country: Vietnam
 Timeline
Posted

You may get it in the next month or two based on NQT's turnaround... have everything ready when it arrives...good.gif

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

BinhJerome Proficient

BinhJerome   14

Posted
Filed: Country: Vietnam
 Timeline
Posted

I would have your rebuttal ready, and have someone check your mail when you come to Vietnam. Let the person collecting your mail know to open anything from USCIS and if it is the chance for you to do a rebuttal have them mail out your packet. That in my opinion would be the best bet so that you do not have to worry about it while you are in VN. You can also get together an informal rebuttal and send it in early if you know where it currently is (meaning what center it is at) this would not affect it and it might help them by pushing them into a reaffirmed case instead of asking for a formal rebuttal. Either way I am sure you understand how important this is, but don’t forget how important it is for your brother in July as well, so to make it easier on all of you just be prepared for the rebuttal, have it all done and ready to be mailed off then have someone you trust will check your mail daily there to know when it needs or if it needs to be sent out. Good luck Jerome

小學教師 胡志明市，越南

Huong and Phung Collaborator

Huong and Phung   0

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam (no flag)
 Timeline
  • Author
Posted

I'm having Marc Ellis helping us with the rebut. What should I do then? We just provide him with all of our evidence. I haven't reach him lately by email. I guess I'll be calling him in the next few days to see how is our document is going.

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CoolHand2x2y2z Enthusiast

CoolHand2x2y2z   0

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

I'm having Marc Ellis helping us with the rebut. What should I do then? We just provide him with all of our evidence. I haven't reach him lately by email. I guess I'll be calling him in the next few days to see how is our document is going.

Do get a timeline together and get that ready for a notary. Provide lots of pictures, phone records, etc. Explain away at that blue or white form that you got from when they drop-kicked the case back to USCIS. And answer everything that they are holding against you to say that your case is not legitimate. Just throw everything you've got into the evidence!

As for the lawyer, well, that's your call. But do remember you only get thirty days after you get the notice. If he's far away in Vietnam or wherever, that might be a challenge (you have to mail that material to Vermont, not HCMC). And they say to INCLUDE the letter that they send in the evidence...

Good luck!

Wedding in Vietnam: 12/25/2005 (graduate school, below poverty line, couldn't apply)
[b]August 27, 2007[/b]: 1st I-130 packet sent w/incorrect $190 instead of new $355 fee (Mesquite, Texas).
October 6, 2007: 2nd I-130 packet with $355 fee (Mesquite, Texas).
January 10, 2008: NOA1 March 31, 2008: NOA2 (approved & sent to NVC)
April 14, 2008: NVC sent AOS Fee Bill (Affidavit of Support) $70.00 & DS-3032 form
Received.
April 15, 2008: Faxed wife the DS-3032 agent form to be mailed from Vietnam.
May 5, 2008: NVC sent request for Affidavit of Support form. May 19. 2008: received NVC's request for Affidavit of Support form.
May 20, 2008: Sent off I-864, Affidavit of Support May 30, 2008: Received IV Fee bill for $400 --money order & sent by Priority Mail.
June 10, 2008: I-864 approved. June 11, 2008: IV fee entered in system. June 16, 2008: DS-230 barcode issued
June 30, 2008: DS-230 mailed by expressed mail July 3, 2008: DS-230 package arrived at NVC & under review
July 11, 2008: Case completed at NVC.
Sept. 5th, 2008: INTERVIEW DATE at HCMC: White paper with writing.
March 26, 2009: Resubmit.
[b]DENIED. June 2009: case sent back & received at USCIS[/b]
August 2009: filed new I-130. Approved after first I-130 case sent to VN, again.
February 2010: USCIS contacted & asked for more evidence
March 2010: USCIS re-approved original case.
April 14, 2010: Consulate sends DS-230
June 15, 2010: Interview Date (Blue issued)
July 13, 2010 Placed on AP -yippee!
Sept. 13, 2010 Consulate home visit
[b]Nov. 5, 2010 Approval letter sent.[/b]
[b]Nov. 19, 2010 Visa picked up. Arrival: Nov. 24, 2010[/b]

BinhJerome Proficient

BinhJerome   14

Posted
Filed: Country: Vietnam
 Timeline
Posted

Do get a timeline together and get that ready for a notary. Provide lots of pictures, phone records, etc. Explain away at that blue or white form that you got from when they drop-kicked the case back to USCIS. And answer everything that they are holding against you to say that your case is not legitimate. Just throw everything you've got into the evidence!

As for the lawyer, well, that's your call. But do remember you only get thirty days after you get the notice. If he's far away in Vietnam or wherever, that might be a challenge (you have to mail that material to Vermont, not HCMC). And they say to INCLUDE the letter that they send in the evidence...

Good luck!

I agree with using Mark, it is a bit of a challange, so make sure it is done way early because as said earlier you will need the letter they send giving you the oppertunity to do the rebuttal. Just make sure that you can challange every single reason they gave for a denial, even if it seems pointless, or just plain stupid, and if you do not have documentation to prove it was wrong, then you need a statement explaining why you do not have proof. Good Luck, Jerome

小學教師 胡志明市，越南

 
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