Failed!

[timntuyen 0]

As seems to be common Tuyen got a blue slip. It was asking for 10 year residence history from both of us and another, the third, timeline. I did not find Visajourney until after we had made some "mistakes", the big one being getting engaged on my first trip. We followed the advise of her family but I should have done more checking myself. The blame for our setbacks must fall with me, I know I should have dug a little deeper.

Tuyen went to turn in the requested info and before should could even give them the paperwork they handed her a failed slip. She had already been very ill for weeks and this was almost devastating for her.

Tuyen said she had no problems with the questions; how did we meet, when were we introduced, what did the birthday cards and xmas cards from my family say, do we have wedding plans, relatives in USA.

I am heading to VN in two weeks so we can spend so time together and talk about what we want to do next. Is doing an appeal an option or do we want to stop waiting for the US government to tell us when we can start having a "real relationship" and get married in VN next year so we can start working on having a family. We know that getting married and having kids does not help the immigration issues but I'm not getting any younger and we both want children.

[luckytxn 2,265]

So far I see no fail but a request for more info only. Why not before you get too far ahead and start talking about veering off away just do as they say and get them that info and go from there. Even if you were to give up and decide to marry and start the family you both will need to get this cleared up first but I see nothing overwhelming so far.

Since we know so little can we maybe get some info. How did the interview go? What kind of questions? Can you scan and post the blue slip for us? What gives you this feeling that you failed?

[ScottThuy 140]

So far I see no fail but a request for more info only. Why not before you get too far ahead and start talking about veering off away just do as they say and get them that info and go from there. Even if you were to give up and decide to marry and start the family you both will need to get this cleared up first but I see nothing overwhelming so far.

Since we know so little can we maybe get some info. How did the interview go? What kind of questions? Can you scan and post the blue slip for us? What gives you this feeling that you failed?

Curtis.. you missed the one line where he said she took the info requested in the blue and they gave her the denial.. He has two options..

1. submit a new petition.. K1 or CR! depending on if they marry..

2. Wait for the NOID. and fight the denial..

[luckytxn 2,265]

Curtis.. you missed the one line where he said she took the info requested in the blue and they gave her the denial.. He has two options..

1. submit a new petition.. K1 or CR! depending on if they marry..

2. Wait for the NOID. and fight the denial..

Apologize. Very sad.

[BinhJerome 14]

There are many options for you, but first and foremost you need to figure out the exact reasons they gave you the denial. If you do not confront them then you will most likely fail again. There are many reasons one could fail, maybe you thought the interview went well, and it really didnt, maybe you had a bad CO, maybe there was something that can be explained. It sounds like the interview did NOT go as good as your fiancee said since they did not even wait for the requested evidence, this basically meant they did not want to look at anything. So for this I really must ask what the denial said. This is the key before you start to do anything else.

Options are as some said, refile, a K1 or Cr1, The NOID (notice of intent to deny) will only happen if they choose to issue it if you refile again. First before you file anything you have to wait and see what the US side of things does. They might actually allow you to do a rebuttal, and if they do, you need to make sure you can disprove their reasons for denial. Then they might also reaffirm your case, and if this happens you have to wait for it to go back to Vietnam and do everything over again, the interview, possibly medical even since if they do reaffirm it then it will probably take well over 6 months to get back to HCMC for the interview. They might even let your petition expire then you are free to try for another K1 or a CR1, but first you must wait until this petition is actually finished, and this can take a few more months.

About the NOID, they might not issue a NOID, this is not set in stone, there are even a few that have resubmitted that have not recieved a NOID, and one that did get a NOID when they refiled, faught it and won, and just this week they got their visa. Another is waiting on an interview and is here now named Clay, this is their second go around and they did not get a NOID.

Basically, let us know what the reasons they denied you are, and make sure you can get proof that it was a bad judgement call ready because no matter what you do you WILL HAVE to address these issues when you file again no matter what type of visa it is for.

Good Luck

Jerome and Binh

Edited November 4, 2010 by jeromebinh

[wreath 4]

As seems to be common Tuyen got a blue slip. It was asking for 10 year residence history from both of us and another, the third, timeline. I did not find Visajourney until after we had made some "mistakes", the big one being getting engaged on my first trip. We followed the advise of her family but I should have done more checking myself. The blame for our setbacks must fall with me, I know I should have dug a little deeper.

Tuyen went to turn in the requested info and before should could even give them the paperwork they handed her a failed slip. She had already been very ill for weeks and this was almost devastating for her.

Tuyen said she had no problems with the questions; how did we meet, when were we introduced, what did the birthday cards and xmas cards from my family say, do we have wedding plans, relatives in USA.

I am heading to VN in two weeks so we can spend so time together and talk about what we want to do next. Is doing an appeal an option or do we want to stop waiting for the US government to tell us when we can start having a "real relationship" and get married in VN next year so we can start working on having a family. We know that getting married and having kids does not help the immigration issues but I'm not getting any younger and we both want children.

You would think they would know about vn people there and not think much about getting engaged on the first trip. I got married on my second trip because her family worried what the neghbers may be thinking or that there daughter may used and forgotten. My wife parents thought if we wanted to be together we should go ahead and get married . alot girls are used by foriegners there and the familys worry about that.

[JimVaPhuong 4,863]

You would think they would know about vn people there and not think much about getting engaged on the first trip. I got married on my second trip because her family worried what the neghbers may be thinking or that there daughter may used and forgotten. My wife parents thought if we wanted to be together we should go ahead and get married . alot girls are used by foriegners there and the familys worry about that.

My understanding is that happens mostly with Chinese and Koreans coming to Vietnam for a "wife", who essentially ends up becoming a house servant, and/or they are physically abused. I haven't heard of them being very suspicious of Americans in this regard.

It's funny, but each east Asian country has a de-facto pecking order that the they sort other Asian cultures into. They all start with their own culture at the top, and then sort the other Asian cultures in order, with some country/culture/race at the bottom. The Japanese consider Koreans to be at the bottom. The Chinese have "islanders" at the bottom. The Vietnamese have Chinese at the bottom.

I've seen first hand how new Vietnamese immigrants are reluctant to interact with some Koreans in the US, and very reluctant to interact with Chinese. I've heard them say that Chinese who visit Vietnam treat the VN people like they were subhuman.

[NODINK 0]

TimNTuyen: May I ask how many trip have you made so far to see your fiancee'?

The Consular always pull this card on people who engaged on the first trip.

Edited November 8, 2010 by NODINK

[timntuyen 0]

Tuyen is out in the sticks visiting one of her sisters so I will see exactly what the denial slip had to say tomorrow. Does the denials slip usually give specifics? I took two trips before the interview; first 2 weeks, second 3 weeks.

Another one of the flags is probably that we were introduced by her uncle but I did try to make it quite clear that we had been very good friends for many years. The fact that we had been friends for so long is the whole reason he wanted Tuyen and I to get together. He thought we would be a great match. Even though we grew up on different sides of the world with much different interests our moral compasses on most issues takes us down the same path. Tuyen's family was not so much worried I might take advantage, or what others might think, they just wanted us to start our lives together sooner rather than later. If I had found VJ earlier Tuyen and I could have had a small unofficial family engagement ceremony the first trip and save the "official" big party for second or third trip, in hindsight.

At least I get to see Tuyen again in two weeks.

[timntuyen 0]

Today I got a letter from Homeland Security telling me they have gotten my visa request back from HCMC and it is under review.

Tuyen update: When I was visiting Viet Nam in November I finally convinced Tuyen she needed to see a real doctor in HCMC. They ran a lot of tests and she made the 5 hour bus trip back and forth a couple of times but at least now we know. She was diagnosed with lymphoma and started chemo last week. She is probably looking at having at least 6 months of treatment so I will try to head back around May when thing will be getting pretty tough or tougher. I know I still have things I could be doing on my end for immigration but I still do not have any specifics on why she failed. They only said on the paperwork that they feel our relationship is not real, is that specific?

Sorry, just a little flustered and frustrated on several fronts.

tim

[JimVaPhuong 4,863]

Today I got a letter from Homeland Security telling me they have gotten my visa request back from HCMC and it is under review.

Tuyen update: When I was visiting Viet Nam in November I finally convinced Tuyen she needed to see a real doctor in HCMC. They ran a lot of tests and she made the 5 hour bus trip back and forth a couple of times but at least now we know. She was diagnosed with lymphoma and started chemo last week. She is probably looking at having at least 6 months of treatment so I will try to head back around May when thing will be getting pretty tough or tougher. I know I still have things I could be doing on my end for immigration but I still do not have any specifics on why she failed. They only said on the paperwork that they feel our relationship is not real, is that specific?

Sorry, just a little flustered and frustrated on several fronts.

tim

Tim, you'll get the details about the why they denied IF they choose to send a NOIR. They might just reaffirm the petition and send it back to the consulate for another interview, in which case you'll probably never know exactly what reasons the consular officer cited for returning the petition. You could always file an FOIA request, if you really want to know, but that could take a very long time.

I'm really sorry to hear about the cancer. I hope she's getting good care in VN. Good luck!

[Tuanv 2]

Your finance needs you right now more than ever. I am glad you are there for her.

[luckytxn 2,265]

Very sad to hear of the cancer. I will say a prayer for her and I do hope that she can beat this. God bless you both.