K1 Noid Evidence

[Tom Davis 0]

Thank you in advance to all who help.

I received my NOID after filing my 2nd petition for my fiance but I am unsure of what evidence I should return to the CSC. The reasons for the denial of the first petition are as follows:

The beneificary and the petitioner got engaged during the petitioners first visit to Vietnam. Additionally, the engagement occurred on the first day the petitioner and beneficiary met in person.

The beneficiary was unaware of what the petitioner did for a living.

The beneficiary did not know the city in which the petitioner lived at the time of the interview nor did she know how long he had lived there.

The beneficiary's account of how the petitioner met her conflicts with the petitioners account of the initial meeting. For example, the beneficiary claimed it was her aunt who introduced her to the petitioner. The beneficiary stated that her aunt is the petitioners neighbor. However, the petitioner claimed in a letter submitted to USCIS to have met the beneficiary by chance through a cline of three individuals which led up the initial contact(not though a neighbor claimed by the beneficiary). The third and final individua lwho initiated the conact between the petitioner and the beneficiary had the name of Jennifer. The relationship of Jennifer to the beneficiary was not established in the petitioner's letter

The petitioner and the beneficiary did not share a common language.

The before mentioned "Jennifer" happens to be my fiance's aunt, which I believe was clearly explained in my letter. My fiance had a hard time describing how close we lived together so she used the term neighbor. We live about 7 miles away from each other. Obviously there has been some confusion that needs to be cleared up.

What kinds of evidence can I show to help support my case?

[illnevergetthis 5]

Did the NOID have specific questions for you to answer? Did it ask for a specific type evidence?

I know when the USCIS wanted information from us, they asked very specific questions and we answered them. Some of it was in the letter form, but other stuff...they asked for specific documentation and we sent what they asked for.

As far as the two of you sharing a common language...Have either of you studied the others language. If you have you can send transcripts for this. If not, how did one of you learn the others language or how do you communicate. You will need to write a letter for this...unless you have transcripts.

I wish you the best of luck!

[Tom Davis 0]

The NOID did not specifically ask any questions or ask for any specific kinds of evidence. Only that I had the right to appeal and asking for supportive evidence.

As for the common language. We are both currently studying, myself Vietnamese, her English. Both of us our studying through Rosetta Stone so there are no transcripts. I assumed a letter would be the only solution.

[NigeriaorBust 4,087]

When they got things wrong Start by stating how the assumptions of the CO where in error and that the facts are as follows: yahyah yah

Where they see an issue give them an explaination

[JimVaPhuong 4,863]

This is CSC's new tactic. There's a pinned thread by Marc Ellis on the subject. The basis for the NOID are the reasons the consular officer used to deny the first visa application. Marc seems to think this this tactic is safer than an outright NOID on the first returned petition because the first petition is dead, therefore there shouldn't be a P6C "fraud" marker in the beneficiary's file. I'm not so sure about that, myself...

Respond forcefully. You must address every point made by the CO.

The "Dam Hoi" engagement ceremony is a big deal, and the CO knows that. Having an engagement ceremony on the day you first met your fiancee makes it look like you were going through a checklist of what is required in order to get a visa out of the consulate in Vietnam. In the CO's mind, there is no way her family could have been involved and approved of you and the engagement if they had never even met you. You need to show that you developed a strong relationship before your first trip to Vietnam. You need to explain that "Jennifer" is your fiancee's aunt, and that she represented your fiancee's family in Vietnam, and that she described you to her family so that they would approve of the relationship. A sworn affidavit (notarized) from "Jennifer" would be a big help here. You need to explain this in a way that makes it looks reasonable to USCIS, even if it doesn't look reasonable to a consular officer.

Her not being aware of what you do for a living makes it sound like your relationship was pretty shallow. Hopefully, there was a misunderstanding during the interview.

Not having a common language is a big red flag at any consulate. You can't slip past USCIS with this one. You need to prove that you and your fiancee can communicate, and that you did so extensively before you went to Vietnam for the formal engagement. Do you have emails, chat session transcripts, or anything else that proves you communicated with each other regularly?

Pile as much evidence of your relationship into your response as you possibly can. If you fail to convince USCIS to NOT deny your petition, then it could be years before your fiancee gets a visa, if ever.