have you ever before filed a petition for this or any other alien

[hieumin 2]

You have to answer YES, no way around it, and fill in the form, was this woman also from Vietnam? If so then he will more than likely have to explain what happened, or at least his new wife will have to explain for him since he will not be at the interview. He will need to prove that it was not immigration fraud, and if it was within 2 years he will have to file a waiver of the IMBRA filing act, if it was past 2 years no waiver is needed, just strong proof that the first and the current one is not fraudulent. The biggest hurddle is if they were both from Vietnam, and if the old marriage just ended, it might look like he is doing this for money. Just make sure his case is strong, and make sure he is prepared for the worst and long delays. Jerome

I think my brother can prove to CO that his past marriage is not a fraud. He self-filed for divorve 1 week before he received a notice from USCIS for removal ex-wife of green card condition. He divorced his ex-wife within 2 years of ROC. His ex-wife currenly use expired green card I believed.

[tanstaafl 1]

Has your case been approved? Has she got the pink sheet? What do you PLAN to do if she doesn't? Talk tough like above to the C/O? Remember one thing buddy, you're NOT the one who hands out the pink slip and the law in these instances is NOT clear black and white.

The C/O has 100% personal discretion to decide, based on feelings. You don't like and agree. But you can NOT force the C/O to prove anything. And they're not stupid to write " I don't like this relationship; therefore I failed it."

What do I plan to do? Right now I don't know yet but I'd let my lawyer deal with them.

[tanstaafl 1]

The bad part is that the CO does not need to 'prove' anything to deny a petition... they only need to say it looks like a duck to a reasonable person and its a duck... even though it may have fur... then you have to respond saying the CO is wrong and rebut the whole thing and go back through the process again...

Scott

I didn't have to go thru like the other PO but I'd be more than happy to prove the CO wrong about my case should that happen. I don't mind being accused of lying when I'm lying but I'm furious being accused of lying when I'm telling the truth.

[tanstaafl 1]

Dont pay DanQ no mind, but he is 100% correct, he just has a bad attitude at times, but at times it is needed to keep people grounded and aware of what can and does happen. Here is the funny, in my petition we were denied, and there is no court case, the CO lied and it was proven, I hired a lawyer and he got all the CO's notes that he had written, and it clearly showed that the CO lied on our reasons for denial, guess what the US government said and did. NOTHING, accept that they told us it would not be wise to file again because the same CO is still in HCMC and if we did refile again the same CO might get our case again, and with us filing a complaint there would be nothing to stop him from denying ti right out of the box. The sad fact I learned is that there is NO checks and balances, the CO's can and do run rampant in HCMC. The only thing that did come from my inquiry is that the CO was repremanded and for 6 months he was not allowed to do any interviews, but he is now doing interviews again. After what i did will he try it again? Who knows, do I have any court case? Maybe if I really pushed it I might be able to do a civil suit with the CO, but how do you go about having a civil suit filed for a person in a foreign country at an embassy? Do you think the government would allow such a suit since they would have to be short handed while he was in the US defending himself? What I did was spend $2500 on a lawyer that put HCMC on notice and it reaffirmed to all the CO's that there is nothing we can really do, but that if they do step too far out of line that they might get repremanded, but even with blaintant proof of his misconduct they did not even fire him. We did come away feeling better because we proved to the US and ourselves that he was a liar, but NOTHING else came from it

YES Jerome. You the man. I'm glad that you got the CO. The liar was actually him, not you. And when he's being caught a liar, his credibility is dinged. Hat off for you. If I had to, I'd go all the way, even let the media know about it, know about the dude. It's all about the principal here. If they didn't understand that, then they will.

About the DQ, of course I don't mind him. I could care less.

[tanstaafl 1]

Our lawyer did everything he could think of, the way the system works they are not allowed to approve a visa stateside, it MUST be approved overseas, so even though there was clear eveidence that the CO lied it would still have to go through HCMC, and since my petition was "Expired" by the time everything happened there was nothing that they could do, I was free to refile, and i am able to sue the CO, but with him being in Vietnam, it would be hard and all but impossible. Then he never said that it was a sham, only that it "Appeared" even though it was clear for his reasons on the denial he made false statements. False statements not under oath are not illegal. With the class action lawsuit that Brent is doing I actually have a better chance at having something done with that, and only IF it goes through, then I can try to sue the goverment but as we all know that usually never works. Basically everyone said I was Sh@t out of luck. BTW the ACLU will not touch the case because it is closer to a civil case since one SINGLE person had the dire affect on the case, and not actually the government.

Jerome

I kinda like the way you said. Interesting! Just wondering that if you can sue the CO once he's back to the country again?

[ScottThuy 140]

Scott

I didn't have to go thru like the other PO but I'd be more than happy to prove the CO wrong about my case should that happen. I don't mind being accused of lying when I'm lying but I'm furious being accused of lying when I'm telling the truth.

It wouldnt be so bad if there was a chance for you to hold the CO accountable and respond F2F.. but as Jim has said elsewhere in VJ.. it doesnt work like a lawsuit... its a buereaucratic paperwork exchange and it is very impersonal...

In this proccess we rarely find out the why's when things happen... and when we do find out after the fact there is usually nothing that can be done immediately... The CO has all of the discretion with the exception of the CG... One can say that the CO lied, but it doesn't really matter in the scheme of things as the CO can say what they want.. Its about what the CO thinks, plain and simple.. They are being paid for thier judgement.. The judgement that often is so wrong it hursts alot of people...

They looked at our relationship as being questionable and it really sucked for us... its difficult to not take the proccess personally, but its just a proccess and they are not being personal when they do what they do... They have a reason for whatever they do and its all about being ready for whatever may happen...