White Slip - Bad News

[DeeTee 0]

Hi guys,

I need your help!!!! I don't know what to do now. My fiance got a blue slip on the first interview on July 2 (we reschedule from May 21, 2010). They asked to submit the linetime (which my fiance had at the interview) and also tell more about the relationship of the petitioner and the introduced person (which his brother). They also requested the 10-year of my resident.

The submit day was on July 30, 2010. I flew to Vietnam on July 29, 2010 and still in Vietnam now. Anyways we went to resubmit the documents, the security didn't let me in. I waited outside for sooooo long. He was about the last person there. Finally he came out with a white slip saying our case is administratively closed.

My questions are:

1. Can we do anything while I am still in Vietnam? For example I am going straight to talk to the consular requesting them not to send our petition back to the USCIS (somehow I feel if might have more chance if the petition is still in the US Consular)

2. Is it gotta be worse once the petition is sending back USCIS (which is will be, that's what they said in the slip)

3. What is the process that I should do after the petition is sent back to USCIS?

4. You guys always mentioned about AP, what is an AP??

Thanks!

Edited August 3, 2010 by DeeTee

[ScottThuy 140]

Hi guys,

I need your help!!!! I don't know what to do now. My fiance got a blue slip on the first interview on July 2 (we reschedule from May 21, 2010). They asked to submit the linetime (which my fiance had at the interview) and also tell more about the relationship of the petitioner and the introduced person (which his brother). They also requested the 10-year of my resident.

The submit day was on July 30, 2010. I flew to Vietnam on July 29, 2010 and still in Vietnam now. Anyways we went to resubmit the documents, the security didn't let me in. I waited outside for sooooo long. He was about the last person there. Finally he came out with a white slip saying our case is administratively closed.

My questions are:

1. Can we do anything while I am still in Vietnam? For example I am going straight to talk to the consular requestiing them not to send our petition back to the USCIS (somehow I feel if might have more chance if the petition is still in the US Consular)

You can go to the consulate this afternoon and try to get a second interview... or you can try to get an attorney to assist in getting it kept in VN for a second look

2. Is it gotta be worse once the petition is sending back USCIS (which is will be, that's what they said in the slip)

Once it is sent back it will take a while to get the chance to rebut the decision, but you can refile tomorrow if you like.. you just need to know why they denied and address that in the new petition.

3. What is the process that I should do after the petition is sent back to USCIS?

option 1 wait to get the chance to rebut which may or may not happen.. CSC has been letting petitions expire and VSC has been letting people rebut... aside from those options.. there is refiling K1 and there is also the option of getting married in VN and filing CR1.

4. You guys always mentioned about AP, what is an AP??

AP is when they have given the second blue slip when you got the white because they dont feel comfortable issuing the visa and want time to investigate the relationship/case...

Thanks!

Why did they say it was denied or did they even say why?

Edited August 3, 2010 by ScottThuy

[JimVaPhuong 4,863]

The petition is probably sitting in a queue waiting for the visa section chief to sign off on it. After that, it's going back to USCIS. You have a small window of opportunity to keep it at the consulate, but you need to take action before the visa section chief signs off on it.

As Scott mentioned, you're not in AP. A final decision has been made in your case, and you've been denied.

Call Marc Ellis tomorrow. If you're still in HCMC then go see him, and bring your paperwork and the denial notice. He may not be able to keep your petition in Vietnam, but it's not likely you'll do any better on your own. Don't think about what to do when the petition is returned until you've exhausted all possibilities to keep the petition at the consulate.

http://www.marcellislaw.com/contact.html

[CoolHand2x2y2z 0]

I hate to tell you this but at this point there's not much you can do (until USCIS contacts you in about a year and asks for additional evidence). Those bastards at HCMC won't do a thing for you.

You can try to go in there and see if they will do anything. There's a one-hour time frame that you can go in and one of them will "talk" to you:

American citizen petitioners in HCMC: From 4:00 pm to 5:00 pm on Tuesdays and Wednesdays, a Consular Section staff member is available to answer questions concerning the status of immigrant visa applications. Petitioners may submit documents for cases not closed administratively by the Consulate and reviews will take place later. Applicants will not be re-interviewed and cases closed administratively by the Consulate will not be re-opened or reviewed during this time.

Note: This service is only available to U.S. citizen petitioners during the times mentioned above. U.S. citizens who wish to take advantage of this opportunity must bring their U.S. passport and the case information form to the Consulate and arrive between 3:45 pm and 4:15 pm on the days mentioned above and proceed to Window B in the Immigrant Visa waiting area.

http://hochiminh.usconsulate.gov/immigrant_visas.html

I'm very sorry. But, remember, if your love is strong, you can endure and will be fine.

[BinhJerome 14]

Going to Mark Ellis will cost you $100 for just talking with him, and he will simply tell you it is dead finished and nothing you can do, then tell you not to do a rebuttal as he did with me and my fiancée, and to wait until it gets sent back. It is a waste of time and money contacting him at this stage. At least this is my opinion based on what we did which is what Jim has told you to do. As far as what you can and cannot do is simple, if it has been closed going to the consulate will probably not do any good, or at least this is what I have heard. Once it is administratively closed they will not reopen it unless there is some luck or if you happen to talk to the right person at the right time which will probably not happen. What you should try to find out is WHY they denied you, and where the denial letter is, going to the consulate might resolve this, or it might just simply mean you waste time going there to get a typical canned response from someone that is rude or does not know what the heck is going on. What I would do is simple, go to the consulate (I know I said it would not do any good) try to talk to the CO, if you have your American passport then they will have to let you into the door, and then be forceful, do not let them pawn some clerk off on you, demand to talk to any supervisor, or anyone that can give you answers, be firm, but polite, if you ruffle the wrong feathers, there is NO hope for your case staying there. I really doubt going there will help, but if you are here, it is always worth a shot. In 3 months you don’t want to be in the USA wishing you HAD gone and argued at the consulate, this is why I said I would go there even if there is probably no chance of it actually helping. The only other options that you have are to wait for it to get sent back, prepare a rebuttal IF they give you the chance to submit it and then sit and wait, or try to file again, another option you can do is try to get married and eventually file a CR1 instead of another K1 visa, these are the only real options.

Going to the consulate will make you feel better if nothing happens with the trip, it could also make you leave with a bad taste in your mouth and a extremely pissed off mood because of how they jerk you around there, but…… it could help, I do not want to get your hopes up, but you actually could happen to talk to the right person at the right time and get something done, anything is possible remember this IS HCMC. Just my opinion on the matter, do what you want, and good luck with what you decide to do.

Jerome and Binh

[ScottThuy 140]

Having a US Passport will only get the USC into the consulate at the specific Tues/Wed times posted earlier... Been there done that and the man with the AK hanging from his shoulder walking up to me caused me to give up that argument at the gate with those security guards denying me entry...

I remember yelling at the guy with the cool hand luke sunglasses (as I called them back then) telling him he was nothing more than a glorified motorbike security guard... all yeilded nothing more than added attention and no access until the USC hours..

getting tinto the consulate on Wed afternoon is her best shot at getting something done...

[johncali9 6]

Hi friend

sorry to hear that, your case as same Lida24..,you no need the lawyer you must listen some one in here like Scott ,jomero,jimphuong to advice you

johncali9

[NQT1976 1]

The new chief consular officer in HCM is Vietnamese. He know all trick VNmese use to invade immigration law

from now on you guys will see very rare pink

[ScottThuy 140]

The new chief consular officer in HCM is Vietnamese. He know all trick VNmese use to invade immigration law

from now on you guys will see very rare pink

Is he there already? They said he would be there this summer but I had not read that he was there yet...

[cedwards001 18]

New Chief Consular Officer? Oh ####### just my luck. What could this mean? Could this new Chief find a way to stop issuing Pink slips all together? Sounds like the road to the Pink got even tougher from what I am reading here. Great.....

[ScottThuy 140]

New Chief Consular Officer? Oh ####### just my luck. What could this mean? Could this new Chief find a way to stop issuing Pink slips all together? Sounds like the road to the Pink got even tougher from what I am reading here. Great.....

Not likely.. DoS policy is not something that he can't modify... if anything they will tighten up and take a closer look at things, but it may also cause them to do things more professionally and get those AP files that have been sitting idle processed and visas issued..

[Frank and Duyen 0]

####### is fake commies? If you don't have any positive thing to write, don't write it.

[ScottThuy 140]

Lets not start up the whole Vn political thing again...

[DeeTee 0]

Thank you so much for all your help.

Yes I will try to go to the consulate and talk to the CO. However, what do you suggest once I come to the door, what should I tell them and what documents should I bring in with me?? And what questions should I ask??

The reasons stated in the white slip were:

* Not having an engagement ceremony

* Photographs showed only one or two of seeing each other (well I stayed with him the whole 3 weeks with him, just that we didn't take picture much, plus most of our pictures together I wore a hat, I felt appropriate to submit to them...)

* (My fiance did not understand the question that the CO asked about the law of this petition) So they assumed that he did not understand about getting marry within 90 days after his arrival in US

* The time we have seen each other only once seen June 2009 (not counting this time - don't know why, even though I copied the e-ticket gave to him to submit with the timeline and 10-year resident. So they said the time we know each other too short...

What you do guys think? Will I have to explained each of the reasons above to them?

Thanks to all!

[ScottThuy 140]

The reasons they cited are common... One visit, no dam hoi and a short relationship have been used a few times just this year for other VJ members... the reasons they cited do not disqualify him for the visa, they are what the CO is using as justification for thier decision that it is not a bonafide relationship... they likely did not even look at what he brought them the other day, so they may not realize you are there...

You can get into the consulate this afternoon... you only need your passport and this form to get in... You need to be ready to explain why you did not have a Dam Hoi, and if you have any additional evidence showing you were 'together' more than a couple of days..

Dont set your hopes too high for the interaction at the consulate.. they are bureaucrats and they dont care about you.. its just a job for them... there is still a slight chance so make the most of the chance that exists...