My petiton for spouse visa got deny/refuse help

[NQT1976 1]

Can you post the blue sheet? (with sensitive info block out)

well, I guess her husband got pink sheet(due to the poor CO), then Mr Le Thanh An make a final review and decide that the fake marriage.

it is very tough to pass another interview .

[NiNi123 0]

Do you know what was asked?

Can you list the questions and answers given?

photographs submitted as evidence of the relationship indicate that petitioner and beneficiary have spent only one or two days together .

It does not appear that the claimed relationship is continuous and on-going .for example ,petitioner has not returned to visit benneficiary since their wedding ceremony in december 2009

In contrast to vietnamese social and cultural norms which mandate a lengthy and careful period of pre-nuptial arrangements ,petitioner and beneficiary beceme engaged after beneficiary proposed three days before.

beneficiary's chronology of the claimed relationship is not credible .for example ,beneficiary did not know what year he met the petitioner.

beneficiary is una ware of basic facts regarding petitione's interests,hobbies and-or pastimes .for example,beneficiary could only state that petitioner enjoys cutting her grass or cleaning her house .

beneficiary is una ware of basic facts regarding petitioner's locality and-or hometown <features,characteristics,etc.>.for example ,beneficiary could not describe the city where petitioner resides .

petitioner's and bebeficiary's chronologies of the claimed relationship contradict each other on one or more key points .for example ,beneficiary stated he and petitioner started dating in 2009 .however in a notarized statement,petitioner started she started seriously dating beneficiary since 2007.

[pushbrk 12,999]

photographs submitted as evidence of the relationship indicate that petitioner and beneficiary have spent only one or two days together .

It does not appear that the claimed relationship is continuous and on-going .for example ,petitioner has not returned to visit benneficiary since their wedding ceremony in december 2009

In contrast to vietnamese social and cultural norms which mandate a lengthy and careful period of pre-nuptial arrangements ,petitioner and beneficiary beceme engaged after beneficiary proposed three days before.

beneficiary's chronology of the claimed relationship is not credible .for example ,beneficiary did not know what year he met the petitioner.

beneficiary is una ware of basic facts regarding petitione's interests,hobbies and-or pastimes .for example,beneficiary could only state that petitioner enjoys cutting her grass or cleaning her house .

beneficiary is una ware of basic facts regarding petitioner's locality and-or hometown <features,characteristics,etc.>.for example ,beneficiary could not describe the city where petitioner resides .

petitioner's and bebeficiary's chronologies of the claimed relationship contradict each other on one or more key points .for example ,beneficiary stated he and petitioner started dating in 2009 .however in a notarized statement,petitioner started she started seriously dating beneficiary since 2007.

Well, you could practice your rebuttal here but all of the above reasons for denial sound compelling and even more so because there are so many separate issues mentioned. I'll amend my "just wait" to, contact Mark Ellis for a consultation and if he thinks he can help you and you can afford it, retain his services to handle your case going forward. The last item mentioned is pretty serious though and each of the others are typical reasons for denial.

http://www.marcellislaw.com Marc Specializes in such cases and has primary offices in HCMC Vietnam. See some of his comments posted at VJ here. http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/ I thinks somebody already posted a link to one of his published articles. I don't see how you're going to be successful without his services and perhaps not even then.

[utst10 0]

I only try to judge people by what they post or say.

In your case, it's looks very suspicous with the information you provided.

How long have you two known each other? To get engage after 3 days is not normal for most people.

When did you two met? For me, I still remember clearly when I met my wife. She remembers too.

Cleaning the house and cutting grass are not a normal past times that most people enjoy.

He doesn't even know where you live? My wife even ask me to describe my city to her.

AND THIS IS THE KILLER, HE CLAIMS HE STARTED DATING YOU IN 2009 WHEN YOU SWORN A SERIOUS RELATIONSHIP IN 2007.

I can understand one or two months off, but two years????

[NiNi123 0]

This is All misinterpreted by the interpreter. He meant 2009 we are seriously step to marriage. Also I have seizure disorder I don't drive no friends most of the time I stay home the only thing i so is clean and gardening and tv. This is true. We have dated since 2007 to 2009. . My husband said interpreter mistake transelate. In theis case how to appeal what evidence to use. Thanks

[NiNi123 0]

And we have ongoing relationship since 2007 to to date by phone eveyday chat and phone. Also I was I. Ahurry to marry coz I have to go back to the u.s so everything. Is in a rush. The engage and wedding ceremony is just a traditional respect. Our parent have know each others a long time and the marriage talk have been verbally agreed between them ways before the wedding. They should have take a look at the evidence more. How I can proof them? Thanks

[Anh map 2,098]

Did your husband correct the translator when the wrong year was mentioned? Did he explain your condition and why you stayed close to home? Did your husband bring photos of all your different times together to the interview? If it wasn't demonstrated, explained, or corrected how would the interviewing officer know this information? They can only base their decision on what is presented.

Look at the totality of what you presented and address the weak spots along with consulting an immigration attorney familiar with HCMC. This is going to take some work.

Best of luck. Welcome to VJ.

[clayr 35]

You will get a letter from USCIS stating due to the "validity date" has passed the case is closed and you will start over from the begining. Whe you recieved the letter from USCIS it had a date on it and they will purposefully wait for that to pass. Right now all you can do is wait for that letter saying your case is closed then start over, heavily front load this time.

[pushbrk 12,999]

You will get a letter from USCIS stating due to the "validity date" has passed the case is closed and you will start over from the begining. Whe you recieved the letter from USCIS it had a date on it and they will purposefully wait for that to pass. Right now all you can do is wait for that letter saying your case is closed then start over, heavily front load this time.

The above is incorrect. Yes, that's what often happens in a K1 fiancee visa case but NEVER in a spouse case because the I-130 approval has no expiration.

[pushbrk 12,999]

And we have ongoing relationship since 2007 to to date by phone eveyday chat and phone. Also I was I. Ahurry to marry coz I have to go back to the u.s so everything. Is in a rush. The engage and wedding ceremony is just a traditional respect. Our parent have know each others a long time and the marriage talk have been verbally agreed between them ways before the wedding. They should have take a look at the evidence more. How I can proof them? Thanks

I strongly advise you to contact Marc Ellis. You're going to need professional help. Your condition AND the fact your families have a long relationship actually counts against you. Regardless of what the truth actually is, there were contradictions and red flags all over your case.

[luckytxn 2,264]

This is one of the very few times I would suggest to get with Marc Ellis and just start over from scratch. Pretty much everything that I have read here so far is a huge red flag to deny you a visa. In fact the only one thing I saw that was done right was that yo at the least went the one time to meet in the last two years. You have a lot of work to do now and need to address the concerns for the denial when the letter comes from USCIS.

[JimVaPhuong 4,863]

This is All misinterpreted by the interpreter. He meant 2009 we are seriously step to marriage. Also I have seizure disorder I don't drive no friends most of the time I stay home the only thing i so is clean and gardening and tv. This is true. We have dated since 2007 to 2009. . My husband said interpreter mistake transelate. In theis case how to appeal what evidence to use. Thanks

I'm presuming from your statements that you only made one relatively brief trip to Vietnam, correct?

To the consular officers in HCMC, the hallmark of a fraudulent relationship is when it looks as if the petitioner and beneficiary did only the bare minimum essential things in order to get a visa. Unfortunately, this is how your case looks to them. You can't blame everything on a bad interpreter. Some of the circumstances they based their denial on are facts. You only made one trip to VN. The CO expects two or three trips per year. This is your husband, after all. You should be willing to move heaven and earth in order to spend some time with him. You had an engagement ceremony a few days after the proposal. A Dam Hoi is usually planned months in advance.

The stuff about the photos showing only two or three days visit - this is a common reason they cite for denying, and it's easy for them to justify. You only made one trip, so all of your photos together show you wearing whatever clothing you brought on that trip. You could have stayed three months and the photos would have still shown you wearing the same clothes. The CO's know that you spent more than a few days in VN. You couldn't have gotten married in only two or three days. The paperwork alone takes a couple of weeks. But the fact that you only made one trip gave them the evidence they needed to claim this.

The rest of the reasons pretty much add up to them claiming your husband knows very little about you, allowing them to conclude the relationship is a sham. Maybe some of the mistakes can be attributed to bad translation. Maybe he was nervous. Maybe he actually answered the question correctly and the CO lied about it (at least one VJ member has proof this happened to them). It doesn't matter. These aren't the things that caused them to be suspicious of your relationship, or that ultimately resulted in your denial. The fact that you went from internet buddies to husband and wife in a matter of days - that's what caused your denial.

The fact that your marriage was arranged by your parents does not help you. In fact, it makes it look like the marriage was arranged solely to help your husband immigrate. There are lots of people who have been scrutinized or even denied just because they were introduced by a family member.

USCIS is going to get your petition back in a few months, and they're going to readjudicate it. If they decide the CO makes a good case (which is likely) then they're going to send you a Notice Of Intent to Revoke (NOIR). You're going to be given a very short amount of time to respond to this notice. You need to respond vigorously, rebutting every reason the CO cited for denying the visa, and providing evidence or a detailed explanation to back up every point. If you succeed, then USCIS will reaffirm the petition and send it back to the consulate for another interview. If you fail, then things become very difficult moving forward.

There's also a possibility that USCIS will disagree with the CO's findings, and simply reaffirm the petition approval. In that case, they'll send you a notice that they've reaffirmed the petition and are sending it back to the consulate.

I agree with pushbrk - hire Marc Ellis. You may have only one clear chance to save your petition. You can't afford to mess this up.

This process is going to take some time - perhaps as much as a couple of years. You should probably plan on making regular trips to visit your husband in the meantime. Those extra trips will help a lot if you manage to get another interview.

[pushbrk 12,999]

I'm presuming from your statements that you only made one relatively brief trip to Vietnam, correct?

To the consular officers in HCMC, the hallmark of a fraudulent relationship is when it looks as if the petitioner and beneficiary did only the bare minimum essential things in order to get a visa. Unfortunately, this is how your case looks to them. You can't blame everything on a bad interpreter. Some of the circumstances they based their denial on are facts. You only made one trip to VN. The CO expects two or three trips per year. This is your husband, after all. You should be willing to move heaven and earth in order to spend some time with him. You had an engagement ceremony a few days after the proposal. A Dam Hoi is usually planned months in advance.

<snip>

I agree with pushbrk - hire Marc Ellis. You may have only one clear chance to save your petition. You can't afford to mess this up.

This process is going to take some time - perhaps as much as a couple of years. You should probably plan on making regular trips to visit your husband in the meantime. Those extra trips will help a lot if you manage to get another interview.

Based on the information provided, I would expect the Consular officer came to the following conclusions. These are not my personal conclusions and may well not represent the truth. It's what I think the Consular officer concluded.

Because the petitioner has a seizure disorder and is either a burden on the family or unable to care for her elderly parents, (or for any other potential reason) the two families with a long term relationship, arranged to exchange their sponsorship of the foreigner through marriage to the US Citizen daughter.

Changing the Consular officer's mind or even getting USCIS to reaffirm the petition is going to require compelling evidence presented in an overwhelmingly compelling manner, that the above conclusion is incorrect. This is something you're going to need a skilled attorney familiar with the specific consulate to manage in your behalf. Marc Ellis is one person who can do this, the only person with whom I have any familiarity. It will be expensive, probably as expensive as two or three trips to Vietnam would have been. In addition, you'll need to make at least a couple more trips to Vietnam anyway. So, unless you have the commitment and resources to do all this, your chances of living together as husband and wife in the USA are slim and none, IMO.

[luckytxn 2,264]

Based on the information provided, I would expect the Consular officer came to the following conclusions. These are not my personal conclusions and may well not represent the truth. It's what I think the Consular officer concluded.

Because the petitioner has a seizure disorder and is either a burden on the family or unable to care for her elderly parents, (or for any other potential reason) the two families with a long term relationship, arranged to exchange their sponsorship of the foreigner through marriage to the US Citizen daughter.

Changing the Consular officer's mind or even getting USCIS to reaffirm the petition is going to require compelling evidence presented in an overwhelmingly compelling manner, that the above conclusion is incorrect. This is something you're going to need a skilled attorney familiar with the specific consulate to manage in your behalf. Marc Ellis is one person who can do this, the only person with whom I have any familiarity. It will be expensive, probably as expensive as two or three trips to Vietnam would have been. In addition, you'll need to make at least a couple more trips to Vietnam anyway. So, unless you have the commitment and resources to do all this, your chances of living together as husband and wife in the USA are slim and none, IMO.

I think this is stretching and not even helping. From what she has said it is plain that pretty much everything has been done wrong in regards to what this consulate expects to give a visa. You have no idea except your own personal opinion that the seizure disorder had anything at all in the scheme of things here and so bringing it up is a red herring and better left unsaid. We pretty much like to go by what facts are shown and not go off on wild goose chases and make up ####### in this sub forum. Going by the facts shown means we can give the best advice possible that we know of from our experiences at this consulate. Maybe in your sub forum you usually post at it is done differently.

What we have seen here from what she has posted so far is that everything was went about the wrong way here. Just what she has posted has shown the probable reasons for the denial. We have actually seen these mistakes before and the denial and with out an attorney an eventually successful conclusion was reached at this very consulate but I suggest that this may need a Marc Ellis as they need help and guidance to be shown what needs to be done. From here on out they need to be gathering a lot of proof of relationship and anything to rebut what was the reason for the denial. They will get one chance at a rebuttal. Then after the rebuttal is another step they will need to do and we need to see from there what is needed.

[BellaRose 7]

We just finished our re-affirmetion process. It took DHS a year to respond to us with a rebuttal and another 7 months to get another interview. What I would do now is start collecting bonafides of your marriage because that is not case specific. You will have to prove that your marriage is real....birth certificate of children, joint bank accounts, passport stamps of visits to see your spouse, phone records, emails, money transfers, letters from family members about your relationship, pictures....etc. Basically any information that links you to your spouse.

Like it was said before they only give you 30 days to respond to their action to deny. Having all of these documents in your possesion will save you much needed time to aquire the documents to prove your "specific reasons for denial" wrong. Neither my husband nor I was given reasons why our visa was denied...but DHS gave me a three page denial letter of everything that was wrong with our case. (it was ALOT). So just because the immigration officer says it was only a denial due to non-bonfide relations or fraudulent marriage....be prepared for a long list. (The bonafides always help)

Good Luck