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Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

"This is my cellphone, this is my sim card, this is the records show Icarus calls me on this phone". They know better that one can't REALLY PROVE anything with PREPAID phones. Same with Internet CHAT LOGS and EMAIL. Do they ask people to have AOL or MSN or YAHOO! to swear that these chatlogs/emails are really from MSN/YAHOO/AOL mail servers? NOT!

They are just giving you a hard time to see if you want to play their little game. I can tell you one thing, you can't show them what you do not have! And do not have is a way to obtain "proof" of communications between the two devices (landlines and mobilephones) which is really out of your control! IF they turn around and say they deny your Visa because YOU can't show them your phone records, that would be a very very very bad reason which you can fight back!

People don't just conmmunicate via PHONES nowadays anymore....

VOIP

EMAIL

POSTMAIL

CHAT

PC-TO-POTS

SMS

So for the consulate to pint you down with their request for unobtainable phone records is not a good reason. Tell them: This is what I've got, and I swear my statement is TRUE. Take it or not, the truth won't change. I can not obtain and give you something I do not have nor can I get it from the phone company. If you find this is the ground to deny my fiance's visa, we will have to find another way to prove to you how real this relationship is to us.

The point is, don't get hung up on this ONE issue. You must be able to offer them more proof and other type of evidence to show them you two are the REAL MCCOY.

Good luck!

"You always get what you've always gotten if you always do what you always did."

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Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hey all-

another update for you... I returned to the embassy on August 15th with a letter requesting to speak with a CO in regards to my case and to see if I could pin down an estimated time for the review. At the window, the woman took my letter but told me that all interviews for August were cancelled and that no one is allowed to speak with the CO's. She then told me that they were backed up on over 3000 cases and to not expect a reply for at least a month. Every day since I have been phoning the embassy to see if our case has been approved (I have until the 28th before I return home to Cali) and each time I'm told its still under review. Then yesterday when I asked the woman on the phone how long until I should hear a reply or decision on my case and was told "at least a year" because of the , she says, 2000 cases pending review!!!!!!!!!!!!!!! Is this possible?? Can they really hold up my paperwork and our decision for THAT long?? As I said before, we did everything by the book and didn't forget anything in our evidences, and had tons of records, photos, and chat transcripts to show we're in a genuine relationship! I'm having a hard time accepting this answer and look for guidance among you all as to what I can do... Again, we are devastated by this and can't understand why some interviews are 5 minutes and a pink slip is given, yet anytime they chose to give a blue/green paper, it could be possibly months or years before a decision is made. I find the process a bit arbitrary and subjective, and still trying to understand why we were given a blue slip initially....

HELLLLP!

Our K1 Timeline

03.11 - 4.10.2005 - Met on vacation in Vietnam

10.25 - 11.19.2005 - Returned to Vietnam & got engaged 11.1.05

12.29.2005 - I-129F Sent

01.04.2006 - I-129F NOA1/Receipt and Case Number

03.23.2006 - NOA2

04.05.2006 - Rec'd @ NVC

04.07.2006 - Left for HCMC

04.08.2006 - e-file in HCMC

05.10.2006 - HCMC sends out packet 3

06.02.2006 - Rec'd packet 3

06.05.2006 - sent forms back to HCMC

07.17.2006 - called and got Interview date

07.20.2006 - Rec'd packet 4

08.10.2006 - ***INTERVIEW*** - Blue slip

08.11.2006 - Went to embassy with add'l evidence - Green Slip

03.23.2007 - both of us interviewed and ....PASSED

03.24.2007 - Picked up VISA!!!!!

04.11.2007 - Got Married!

07.18.2007 - Mailed AOS paperwork

08.28.2007 - RFE

09.18.2007 - Mailed back add'l paperwork

10.12.2007 - EAD card issued

11.14.2007 - notified by phone of Interview in 2 days!

11.16.2007 - INTERVIEW (RFE given for add'l evidences..again!)

12.06.2007 - Dropped off evidences at USCIS office

12.18.2007 - I485 Card Production Ordered

12.29.2007 - Card Rec'd!!!

11.19.2009 - I-751 filed for lifting conditions

11.20.2009 - Issued NOA

01.22.2010 - photo and fingerprints

02.03.2010 - lifting conditions APPROVED!!

02.09.2010 - card rec'd!!!!!!!!!!!!!!!!!!!!!!!!!!!

??????????? - All of our lives together to figure out the rest ;)

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

Incarus,

First thing in the morning, reading this news while drinking my coffee makes me wanna choke someone. 3000 cases? Who cares about those, you only care about yours, the one was approved and issued pink-slip within 5 mins of interviewing. So, to take these phone-opperator at the consulate and the embassy serious is something I find hard to believe. I will not listen to the information they gave you. Here is why: initial response she gave you was 3000 cases, the next time you called within a few days, she told you 2000. Either what she told you was "hear-say", or the Consulate just magically processes 1000 cases within a short period with the help from the toothfairry, or this girl was full-of-it. Remember, your case is approved and waiting to go through the routine process of "delaying for unknown reason" which is a well-known process for most HCMC VisaJer. You need to hold on and make sure your honey understand this is just a DELAY which will be lifted any day now. I can only tell you to check-in with your Congressman for "inquirery" on the case if you'd like. Sometimes, that helps speed up the process, sometimes makes no difference.

This is just a very typical behavior for HCMC. "HURRY-UP-AND-WAIT". Just to be clear for others who read Icarus' comment about "by the book". What book? :D there is no book on this process, there IS guideline which functions as "suggestion" to the Consulate Officer :) They will decide who get the Visa based on facts and "gut feelings". Icarus and others have prepared for and aware of the "facts" they may face, but the second part, "gut feelings" is not something in our control. Just hang in there, it sux so bad to wait and being apart like this Icarus, I know, been there done that. But, if you look at it this way, you are going to spend a life-time together, just a few weeks delay won't make it or break it for you. The wait-time is an invaluable thing to forge and strengthen your relationship through hardship and endurance. I hope you won't be discouraged by this inaction from the Consualte. Stay strong! You did it, you got the Visa Approval, just need to wait for the Visa in the passport.

Try to understand and figure out the routine/partern of the Consulate's approval method is almost certain to dry one crazy! :) I still don't get it most of the time why people get approved superfast and others, just as real/geniune relationship like yours have to wait.

We hear your rant and we feel your pain... Keep up the pressure with the consulate. BTW, it is absolutely horse-####### that the consulte office won't speak with anyone. I'm wondering how come you didn't ask her "WHY NOT?" Vietnamese people don't ask too many "Why" questions, and they don't like to answer them either :) So, I suggest you to call back or personally go to the Consulate, and come up with a bunch of WHY questions:

Why there is a delay?

Why there is a delay on your case particularly?

Why is your case difference than others?

Why your case is approved already and still not get the Visa?

When is the earliest you can get it? Why not?

What is the ETA? Can you put it in writing? Why not?

What can the consulate do to speed up the process for my case alone? Why not?

Why don't I feel the need to care/know about the other 3000 cases that backed up behind, I only care for my case which was approved. Why didn't we get the visa already?

Why doesn't the consulate inform the petitioner about the delay?

Why can't the consulate give a reason why there is a delay?

Can this information about 3000 back-log be verified? Why not?

What is the hold up? here in HCMC or USCIS? Can you find out more information? Why not?

I can go on and on with this until they are sick of me and can't answer those questions any more... THEN, hopefully they will send me to a CO.

FIGHT TO THE BONE :thumbs:

good luck and we are supporting you two....

chuck and kim

"You always get what you've always gotten if you always do what you always did."

Filed: Timeline
Posted

I am not sure of what your financial status is, but getting a lawyer seems about right at this point. My lawyer use to be a judge in California, and has years of experience in immigration law. I am almost certain I read a law about this ####### where they cannot just tell you "AR" or some stuff like that. They must give you a reason.

I can almost feel how dark the feeling is you are feeling. If they were to do that to me? My lawyer would certainly be in attack mode.

Take care.

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

Hi Chuck,

If I remember correctly, I don't think they're case is already approved and pink. I think Icarus' fiancee was given a blue silp during the interview, and then Icarus was given a green slip when he went back to the US Consulate for further explanation.

STL_HCMC

...Remember, your case is approved and waiting to go through the routine process of "delaying for unknown reason" which is a well-known process for most HCMC VisaJer.

...Stay strong! You did it, you got the Visa Approval, just need to wait for the Visa in the passport.

Why your case is approved already and still not get the Visa?

I only care for my case which was approved. Why didn't we get the visa already?

K1 Timeline

12/27/2005...I-129F Sent (Nebraska Service Center)

07/19/2006...Visa Approved

AOS Timeline

01/23/2007...AOS Sent

03/08/2007...AOS Approved

Removing Conditions

01/12/2009...I-751 Sent

06/10/2009...I-751 Approved

Naturalization

03/27/2010...N-400 Sent

11/21/2011...Approval

12/09/2011...Oath Ceremony

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

STLHCMC,

My fault... You're right... Icarus didn't get approved... Just ignore what i said previously

"You always get what you've always gotten if you always do what you always did."

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Thanks again all, yes, Our visa hasn't been approved yet, just still under 'review'. I've contacted the embassy daily and usually get someone very nice who'll tell me there is no timeframe available in these cases. And I'm pretty sure I haven't spoken to the '1-year' woman again, as I'd recognize her voice. Chuck, you are absolutely right that in that I should pose the 'why' question, and I did, only to be answered with 'I'm sorry, but that is all I can say.' I'm returning tomorrow in the hopes that I'll be able to speak with a consulate officer as I only have a few days left here in HCMC before heading home...alone. Despite the delay and the wait, we are having a fantastic time, I am very lucky to have found someone as understanding as my sweetheart, and each day our love and excitement to begin our lives together grows. Instead of discussing the 'what happened' angle, we are spending countless hours laughing and sharing our hopes and dreams with each other, solidifying the bond we created over a year ago. When I return I'll post up the letters I've submitted to the embassy to give you all an idea and to provide a template to others in the same position.

Thanks to you all!

Staying strong in Vietnam,

Greg

Our K1 Timeline

03.11 - 4.10.2005 - Met on vacation in Vietnam

10.25 - 11.19.2005 - Returned to Vietnam & got engaged 11.1.05

12.29.2005 - I-129F Sent

01.04.2006 - I-129F NOA1/Receipt and Case Number

03.23.2006 - NOA2

04.05.2006 - Rec'd @ NVC

04.07.2006 - Left for HCMC

04.08.2006 - e-file in HCMC

05.10.2006 - HCMC sends out packet 3

06.02.2006 - Rec'd packet 3

06.05.2006 - sent forms back to HCMC

07.17.2006 - called and got Interview date

07.20.2006 - Rec'd packet 4

08.10.2006 - ***INTERVIEW*** - Blue slip

08.11.2006 - Went to embassy with add'l evidence - Green Slip

03.23.2007 - both of us interviewed and ....PASSED

03.24.2007 - Picked up VISA!!!!!

04.11.2007 - Got Married!

07.18.2007 - Mailed AOS paperwork

08.28.2007 - RFE

09.18.2007 - Mailed back add'l paperwork

10.12.2007 - EAD card issued

11.14.2007 - notified by phone of Interview in 2 days!

11.16.2007 - INTERVIEW (RFE given for add'l evidences..again!)

12.06.2007 - Dropped off evidences at USCIS office

12.18.2007 - I485 Card Production Ordered

12.29.2007 - Card Rec'd!!!

11.19.2009 - I-751 filed for lifting conditions

11.20.2009 - Issued NOA

01.22.2010 - photo and fingerprints

02.03.2010 - lifting conditions APPROVED!!

02.09.2010 - card rec'd!!!!!!!!!!!!!!!!!!!!!!!!!!!

??????????? - All of our lives together to figure out the rest ;)

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

That's an attitude we want to see from Icarus!!! YOU ROCK! You can only do one thing that worth your while here in VN: Create memmories with your honey! :) You will need them and she needs them too for days to come... Take Pictures, Video tapes your time with her... I mean it... you will find yourself watching those video clips very often... I did! :crying::crying:

Also remember, this is just a "DELAY" and it's not your fault!

Good day in Saigon,

Chuck and Kim

"You always get what you've always gotten if you always do what you always did."

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

Hi Icarus,

Excellent stimulation for strength. I wish you both the best of luck and a speedy resolution.

STL_HCMC

Instead of discussing the 'what happened' angle, we are spending countless hours laughing and sharing our hopes and dreams with each other, solidifying the bond we created over a year ago.

K1 Timeline

12/27/2005...I-129F Sent (Nebraska Service Center)

07/19/2006...Visa Approved

AOS Timeline

01/23/2007...AOS Sent

03/08/2007...AOS Approved

Removing Conditions

01/12/2009...I-751 Sent

06/10/2009...I-751 Approved

Naturalization

03/27/2010...N-400 Sent

11/21/2011...Approval

12/09/2011...Oath Ceremony

Posted

Icarus,

It's great to hear that you are spending quality time with your SO. Keep building a positive relationship and enjoy your time together.

A month sounds about right for review of new documents (recently). The Consulate always has a backlog of cases, although I don't know how many is normal. Obviously they have not cancelled all interviews as they just issued Mike's fiancee an August 28 interview to make up for their previous blunder.

They can put off cases for a year or more. They did that to our case for all of 2004. I hope times have changed. Keep asking for information. If you don't hear anything in 30 days, it's time to contact your Congressman or Senator's office, which ever one will assist you. Their inquiries go directly to the US officers themselves, and must be answered in three days. I found the quality of answer coming through my Congressman to be superior to the answers I got when I tried contacting the Consulate directly.

When ever I would ask the Consulate about our case I would get the response " your casefile is pending review". I always bought that line, thinking that a review was just around the corner. Of course, every case not approved is a case "pending review". Well, that's a little white lie they tell. Your case could be in a stack on a conoff's desk, or it could be collecting dust in case file storage. You won't know from Adam if it's going to get reviewed. Don't delay, be the sqeeky wheel! :yes:

 
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