Another Blue for HCM - Figure

[Tommy Tran 0]

Hi VJ Family..

Just want to share info and also seeking support from VJ family.

My fiance went on to interviewed yesterday on 7/8/10...Here's what she tell me FYI for those will be going through this painful process in the future. After hours of waiting for your number to be call into a glass room where she'd stand and 2 CO in a glass room (1 Caucasian 1 Vietnamese "translator").. She was nervous (only natural if you're human), but handle very well in my humble opinion. Interview time was ~20 minutes.

Question 1. - How, when, and where you first met? Answer - Great - correct-o-mundo..

Question 2. - Your fiance occupational? where/what/how long? - Answer - Correct.

Question 3. - Your fiance education background? where? when graduate? - Answer Correct again.

Question 4. - Your fiance address? How long he lived there? - Answer Correct part A. Wrong part B (How long) (that's my fault, I thought I've cover this w/ her , but apparently I didn't..

Question 5. - Any relative in USA? where do they live? How far are they from your fiance? - Answer Correct on A & B.. Wrong in C she's doesn't know geographic distant minutes from city to city that well (i don't think big problem here)

Question 6. - Did you have engagement ceremony yet? Do you have marriage certificate yet? - Answer Correct & Correct

Question 7. - What type of petition did you fiance file? - Answer I-129F K-1 FIANCE.. YES..

Question 8. - Do you know what to do after entering USA? - Answer Correct - Civil marriage within 90 days.

Question 9. - Did you have any plans for wedding? honeymoon? If so, where? - Answer Yes.. Correct..

Question 10.- How many time did your fiance visit you? - Answer - 1 time.

Question 11.- Does your fiance live by himself or with anyone? - Answer - by himself.. Yes.

Question 12.- Does your fiance know your relative in USA before? - Answer - YES

Question 13.- Were they on the same plan traveling back to VN? - Answer - YES.

Question 14.- When/Where/and How did I propose? Did you accept right away? - Answer. Correct.

Question 15.- Who and When did your fiance came came to USA with? How?[/font] - Answer - Correct part A.. "I don't know" for part B. my fault again.. we never discuss this.

That was the last question before they handed her the BLUE letter w/ a NEW APPOINTMENT DATE FOR RESUBMISSION OF REQUESTED DOCUMENTS which is exactly 1 month after.

Reason for BLUE is SECTION 221 (g) - fail to present documents required.

*Petitioner: in a sworn, notarized statement, please provide a detail chronology (timeline) of your relationship.

*Petitioner: In a signed,sworn, motorized statement, please list your current residential address and telephone numbers, including all resident for past 10 years.

From what my fiance told me, they only gave a quick glance to any/all evidence you brought. Some were even omitted. Even my 2 page time line that I've sent her. 1 page is bullet style columns w/ date and place. 1 page is brief description of some significant date, signed, and notarized. Also just a glance.. which is why I'm at lost. Not sure what I gotta do now...

Please VJ family... I'm asking for your help me once again.

Attached - Blue letter and notarized time line... (don't know why I'm not permitted to upload file)

Thank you so much.

~Q.T.

[BurningFinger 5]

The best thing you can do at this point is to gather all the documents that are being requested on the Blue Slip. Submit those documents to the HCMC Consulate on the date requested on the slip. I see that they asked your fiance about your residential address. Somebody mentioned a while back that this "may" be a new tactic that the Consulate is using to issue Blue Slips. In any case, address everything that they ask for on the Blue Slip and wait and see what their response will be at that time.

[cedwards001 18]

The best thing you can do at this point is to gather all the documents that are being requested on the Blue Slip. Submit those documents to the HCMC Consulate on the date requested on the slip. I see that they asked your fiance about your residential address. Somebody mentioned a while back that this "may" be a new tactic that the Consulate is using to issue Blue Slips. In any case, address everything that they ask for on the Blue Slip and wait and see what their response will be at that time.

What baffles me about that is, why would the Consulate request the residential address for the petitioner on the blue sheet? That information was already provided on the I-129F AND the G-325A! It makes no sense to me. Maybe just maybe it was because the OP's fiance answered part of the address question incorrectly. But in any case it looks stupid for the Consulate to ask that on the blue unless they are finding something in the background check that contradicts information provided in the petition and/or interview. Tommy, did you check your LexisNexis report?

[JimVaPhuong 4,863]

What baffles me about that is, why would the Consulate request the residential address for the petitioner on the blue sheet? That information was already provided on the I-129F AND the G-325A! It makes no sense to me. Maybe just maybe it was because the OP's fiance answered part of the address question incorrectly. But in any case it looks stupid for the Consulate to ask that on the blue unless they are finding something in the background check that contradicts information provided in the petition and/or interview. Tommy, did you check your LexisNexis report?

That would be my guess, as well. They did a background check and they think they found something. Maybe they found some overlapping dates for people residing at the same address, and they think he might have lived with her relatives at one time. Man, if they ran a check like that on the name "Tran" in East San Jose the number of hits it got would probably crash their computer!

Tommy, you should probably make a new copy of your timeline with a notarized date after the date of the interview. You should also make the list of residences and phone numbers and have it notarized. If you ever used an address or received mail at an address where you did not live it would be a good idea to explain this. As CEdwards mentioned, get a copy of your Lexis Nexis report. They've obviously found something. If you can find out what it is, then you have a chance at explaining it.

BTW, "sworn statement" means it should contain something like "I swear and affirm that the above statements are true and correct, to the best of my knowledge".

It looks like your red flags are having made one trip, being acquainted with her relatives in the US, and whatever it is that triggered the request for the list of residences. If you can adequately diffuse these things in your response then you have a shot at getting approved without going through AP.

Good luck!

[ScottThuy 140]

Usually the residence info request has to do with previous relationship or that they question the validity of info provided previously... This could be because of a background check that came up with address info that contradicts what has been provided... this has happened several times to other VJ members... a utility bill in your name at a previous address, identity theft, a work address showing up as a living address, a large number of things could be the cause.. do a lexis nexis and a credit check to see what comes up for you.. you have a month to figure out what caused it...

They are looking close because of the quick relationship... be glad that it was not a denial as others with short relationships have received.

Get them everything they are asking for as best you can... for me the phone number thing would be impossible to get 100%...

[Tommy Tran 0]

Thank you everyone for respond and input.

The current address I'm residing now is 3 years. My fiance answer 8 years on the question of how long have I live there. I lived in different address for 3 years before that one, in live in college 4 year before that.

So that added up to my past 10 years, It was a mistake on my parts for not explaining that to her... She just try to answer that questions consistent w/ the number of years I've worked...

As far as the 1 trip and short lenght of time before engagement and knowing her sister before we met which I agreed could be a potential flags... The thing is that I knew her before we actually met thru families, both of our families are very closed..... But we never even thought about pursuing future until i actually came back. That's when we become serious... Even though I only know her for the 1 month of period I'm in VN, but I knew she's the one I've been searching for all my life...

I'll do what you guy suggested and re-write a thorough timelime w/ notarized.. and also list the address for last 10 years. However, this will be conflict w/ her answer to the questions? Would this be an issued/denial?

Would it help if I sent our engagement ceremonial invitiational cards attached to resubmitted paperwork showing our engagement ceremony is as planned?

I so mentally exhausted past couple days w/ the stress, I feel like I just want to fly back to VN and walk into consulate w/ her...

Thank You Everyone.

~Q.T.

[Tommy Tran 0]

oh.. BTW.. sorry.

I have no idea what's the lexus nexus report.. Can someone tell me what it is or how do i get it.. At this point, I'll do whatever that needed if it help increase our chances.. I'm just so drained w/ this whole journey / process...

Thanks

~Q.T.

[ScottThuy 140]

You can submit any evidence you want when she goes back in a month.. there are two percepptions on this..

1. the more the better

2. why is this guy giving us stuff we didnt ask for? lets look at the case again...

[CoolHand2x2y2z 0]

oh.. BTW.. sorry.

I have no idea what's the lexus nexus report.. Can someone tell me what it is or how do i get it.. At this point, I'll do whatever that needed if it help increase our chances.. I'm just so drained w/ this whole journey / process...

Thanks

~Q.T.

Hey, as an old timer on here, all I can say is I feel for you, Brother.

Call up Lexus to see if they G-men checked your background. Let me see if I can dig out the number... Nope, I may have tossed it. You'll have to google "lexus nexus report". Anyway, there's a number you can call and they can look up to see if your background has been pulled by the government. By law, they are required to tell you what they told the other party.

If they government didn't do a report on you Lexus will not tell you anything, so go and do a credit check on yourself. You can get a free report from each of the credit agencies each year. Here's the site: https://www.annualcreditreport.com/cra/index.jsp

Look on the credit reports to see all the information that's on there about you. It just maybe an address that you forgot or something. This is what immigration has access to as well.

Contact you congressman/woman and have them contact the consulate on your behalf. You have to do a little leg work with that, but that will get another voice on your side. And it's free.

Get some testimonials on your side and have them notarized their statement that your relationship is legit. Important people would help greatly.

Make sure you get all your ducks in line before your turn everything in.

I'm no spokesperson for a pink paper, so take what I say with a barrow of salt or two!

Good luck!

[michael7oanh 1]

They requested the same documents after my fiance's interview. I was in Vietnam visiting her at the time so we spent a few days putting together a more detailed time line and address history. Then we got them notarized at the consulate and crossed our fingers that everything would be OK. It turns out that when she showed up for the 2nd interview, they promptly gave her the denial letter after she had just given them the requested docs. It felt like this denial was a foregone conclusion and maybe the requested documents were simply a way of either stalling or verifying some excuses to use against us.

I hope your outcome is better than ours. If I could have done things differently after the 1st interview, I'd have tried to include any other supporting evidence or extra photos that we had available. Maybe the bulk of additional evidence would lead to a fairer review of the case but that's a stretch, I know.

I would have certainly gone to the consulate to talk to a CO directly during the Case consulting hours (I think it was Tues-Wednesdays 4-5pm). I had let my fiancee talk me out of doing that, but maybe showing up there might have swayed the final judgment. I don't know if that's a possible option for you if you're already out of the country.

Knowing my outcome, I might have angled for a postponement of the 2nd interview just to allow myself some extra time to plan another trip to Vietnam, collect more evidence, and talk to a CO directly about my case. It seems like once that denial is given, they wash their hands of the case and slowly pass it back to the States.

Good luck and hopefully you guys will be together soon.

[ScottThuy 140]

Going to the consulate on Tues or Wed afternoon as the USC will not get you to the CO.. only soneone to talk to who will not give you many answers if any.... getting to talk to the CO as a USC is almost impossible...

[Tommy Tran 0]

Hi Michael.

What happen to your case when it's denial?

I'm just preparing a mental thought of worst case scenerial and other step/option?

What did you do? Did you appeal? refile petition? or file different type such as CR-1?

Thanks

In our case, we had plenty of suports, documents, email, chat log, phone records,text, etc.. all they did was just a quick glance.. And the only thing that was weak for us is our timelime.. (in my opinion) but who know.. it's HCM consulate.. you gotta love them.

My fiance is really sad.. I tried to comfort her.. I've prepared and told her that worst case scenerio, I'll moved back to VN to live w/ her.. Imagine that, giving up my job/carreer/families/friends to come back to a communism poverty country that I once escape. ..

Maybe I can be a rice paddies farmer.. who knows....

~Q.T

[Dau Que 6]

Question 10.- How many time did your fiance visit you? - Answer - 1 time.

Put yourself in CO's position, and try really hard to convince yourself whether it's believable for a country with extremely high fraudulent marriage rate and someone pays only 1 trip before making the commitment. Sure, lots of folks in here will tell you "Oh it's OK to make one trip since it's never official a requirement".

Can they help you now when you're the one getting the blue?

I hope many others are reading this and will not try to gamble their love like this case.

[lambchop4life 6]

Put yourself in CO's position, and try really hard to convince yourself whether it's believable for a country with extremely high fraudulent marriage rate and someone pays only 1 trip before making the commitment. Sure, lots of folks in here will tell you "Oh it's OK to make one trip since it's never official a requirement".

Can they help you now when you're the one getting the blue?

I hope many others are reading this and will not try to gamble their love like this case.

you know you're the most controversial person here i know, but yet i really admire your brutal honesty.

[michael7oanh 1]

What happen to your case when it's denial?

After the denial, we were initially planning to get a marriage certificate in VN and file for the CR-1 since then we wouldn't need to wait for anything from Immigration Services. We had done an "unofficial" wedding ceremony already for her family in VN so the fiance visa was supposed to just be for the official wedding in the States. Oanh got nervous and didn't explain this very well in the interview so I'll have to practice more with her next time.

Anyway, I still flew back there again for us to have a honeymoon vacation together a couple months ago but now our plans are leaning towards refiling another K-1 petition later this year after we get the notice of denial. I figure that the notice should be coming in soon since it's been a little over 5 months from the 2nd interview and the case had finally returned back to USCIS in late April/early May.

During my last trip, I visited the consulate and the worker there told me that a new fiance visa petition would be reviewed fairly without an automatic rejection from having that first denial. Thus I'd need to address the issues raised in that denial letter, namely collecting more evidence of time together and having a clearer explanation of our wedding/honeymoon plans.

Our other red flags seemed to center around us rushing into the proposal and engagement ceremony on my first trip to VN, but I can't go back in time to change that particular issue. Getting a VN marriage certificate might solve a little of their suspicion of a sham relationship, but it will be awhile before I return there so we'll likely go with the option of refiling for the fiance visa. This time I'll include the new evidence of our time together and maybe some other shared commitments like a business venture we're hoping to get into soon.

I know this next petition will be another rough road but even in the worst case scenario of getting denied again, we both feel optimistic that we'll be together eventually. Gotta stay positive!

Going to the consulate on Tues or Wed afternoon as the USC will not get you to the CO.. only soneone to talk to who will not give you many answers if any.... getting to talk to the CO as a USC is almost impossible...

Ah, somehow I assumed those workers at the glass counters were also the ones that reviewed the cases. When I was originally planning to go in myself after getting the blue slip, my fiance told me this wild story of her friend whose husband had gone in to ask about their petition. He ended up talking to the CO assigned to his case, but then the CO basically started grilling him with questions about the wife's family and they ultimately had their case denied. Yeah, the story seemed far-fetched to me, but my fiance was so afraid of me going in there because of it that I caved in and left the matter alone after notarizing the requested docs.

Anyways, I finally did go to the case inquiry period on my last trip there and it's similar to how you described it in that they won't answer much. But it may still get noted in the records each time the USC comes in to officially inquire about his case as we have to fill out a form each time. That's got to count for something positive if each consulate visit is saved in the case file, especially if someone were to bring extra evidence with them to add to their file.