Help I've fallen & i can't get up

[bobtrann 0]

Hi.

After 7 days in AP, my fiancee received her denial letter in the mail. The reasons were:

*Photos submitted show Petition & Beneficiary spent only 1 or 2 days together

*P & B became engage within 3 wks of meeting in person

*B is unaware of basic facts regarding P's children. B unable to recall childrens' names or ages

*in interview, B state the engagement party was 2-20-11 while P's notarized sworn statement, P stated

engagement party was on 1-20-10

Your case has been administratively closed. Cons officer apply a reasonable peron standard when eval bonafide claimed relationship. In the present case, the reviewing officer has decided that the petition should be returned

to USCIS w/recom that it be rvoked. The cse will next be reviewed by the Immigrant Visa Chief, upon concurrance of the

reviewing officer's decision, the case will be returned to USVIS for review & possible revocation. When USCIS reviews the returned petition, they will contact petitioner who will have an opportunity to rebut the consular findings concerning this case. IF USCIS revokes the petition, Beneficiary will become ineligible for visa under section

212a6c of the act.

Is there anything I can do now?

[Barbara J 115]

Hi.

After 7 days in AP, my fiancee received her denial letter in the mail. The reasons were:

*Photos submitted show Petition & Beneficiary spent only 1 or 2 days together

*P & B became engage within 3 wks of meeting in person

*B is unaware of basic facts regarding P's children. B unable to recall childrens' names or ages

*in interview, B state the engagement party was 2-20-11 while P's notarized sworn statement, P stated

engagement party was on 1-20-10

Your case has been administratively closed. Cons officer apply a reasonable peron standard when eval bonafide claimed relationship. In the present case, the reviewing officer has decided that the petition should be returned

to USCIS w/recom that it be rvoked. The cse will next be reviewed by the Immigrant Visa Chief, upon concurrance of the

reviewing officer's decision, the case will be returned to USVIS for review & possible revocation. When USCIS reviews the returned petition, they will contact petitioner who will have an opportunity to rebut the consular findings concerning this case. IF USCIS revokes the petition, Beneficiary will become ineligible for visa under section

212a6c of the act.

Is there anything I can do now?

Well I don't know what to say to you but sounds like you both don't know each other that well hey. USCIS can see right through this you will have to wait till you get a letter and see if you can appeal. You will have to have stronger proof of your relationship that's for sure. If this is all true that has been written then I don't like your chances.

[Penguin_ie 5,995]

***** Moving from AOS to Vietnam forum, as country specific help will be needed *****

I am sorry you got denied, OP. You are dealing with one of the most difficult US consulates, but on the other hand, did you really not know your fiance's kids' ages, or was there maybe a translation error/ missunderstanding? What about the date issue?

Edited April 15, 2011 by Penguin_ie

[JimVaPhuong 4,863]

Hi.

After 7 days in AP, my fiancee received her denial letter in the mail. The reasons were:

*Photos submitted show Petition & Beneficiary spent only 1 or 2 days together

*P & B became engage within 3 wks of meeting in person

*B is unaware of basic facts regarding P's children. B unable to recall childrens' names or ages

*in interview, B state the engagement party was 2-20-11 while P's notarized sworn statement, P stated

engagement party was on 1-20-10

Your case has been administratively closed. Cons officer apply a reasonable peron standard when eval bonafide claimed relationship. In the present case, the reviewing officer has decided that the petition should be returned

to USCIS w/recom that it be rvoked. The cse will next be reviewed by the Immigrant Visa Chief, upon concurrance of the

reviewing officer's decision, the case will be returned to USVIS for review & possible revocation. When USCIS reviews the returned petition, they will contact petitioner who will have an opportunity to rebut the consular findings concerning this case. IF USCIS revokes the petition, Beneficiary will become ineligible for visa under section

212a6c of the act.

Is there anything I can do now?

The reasons they gave are boilerplate for the consulate in HCMC. The real underlying reason is probably they believe the relationship is a sham. They pick out inconsistencies in the interview for reasons that USCIS would swallow when they return the petition.

The photos excuse is common in HCMC, and it's also arbitrary and completely unreasonable. The reason they cite is that the petitioner appears to be wearing the same clothes in many of the photos, therefore, they must not have spend very many days in Vietnam. The reality is that nobody brings their entire wardrobe with them when they travel abroad, so you could spend two or three months in Vietnam and still end up wearing the same clothes a lot. However, this reason is easy to cite if the petitioner has only made one or two trips to Vietnam.

Beneficiary doesn't know names or ages of petitioner's children - Is this really how it went down at the interview? Yikes! Your fiancee was not at all prepared for the interview. This information should have been drilled into her head. Names, ages, where they go to school, what position they play on the soccer team - everything!

What happened with the Dam Hoi date? Did she forget?

Were you in HCMC for the interview?

There's nothing you can do now except wait. There was a time when it was remotely possible to get the petition held at the consulate while you submit more evidence, but apparently this is never done anymore. Your petition will eventually make it back to USCIS. The CSC usually just sends you a notice that the petition was returned, the validity has expired, and you're free to file another petition. CSC has also been sending NOID's for the second petition, citing the consular officer's reasons for denying the visa. You can read up about this here:

http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

[Tuanv 2]

It looks pretty bad. Besides the wrong answers, you did get engaged after three weeks. All these things together make them feel like you are committing fraud. I think the best way for you do now is to wait for the K1 petition to expire and get married with your fiancee. I doubt another K1 would get a better result.

Edited April 15, 2011 by Tuanv

[patient2010 93]

[Việt Kiều 2]

Take the time to really know each other or else you might fall victim to a scam, like many have when blindly going into a relationship in Nam.

[Dau Que 6]

http://www.visajourney.com/forums/topic/302040-march-15-interview-result/

Why not posting in your original thread?

Anyway, you should have done this at the beginning of your journey: hiring a knowledgeable immigration attorney specialized in VN cases. Your particular case (divorce in the past and short period of acquaintance) warrants for such need.

DO you know what to do from now on?

Edited April 15, 2011 by Dau Que

[quann 26]

how could the engagement dates be off by more than a year? was something lost in the translation? even if you guys rushed through the engagement process you had 8 months to get all the answers and facts lined up...c'mon put a little effort into it.

[bobtrann 0]

***** Moving from AOS to Vietnam forum, as country specific help will be needed *****

I am sorry you got denied, OP. You are dealing with one of the most difficult US consulates, but on the other hand, did you really not know your fiance's kids' ages, or was there maybe a translation error/ missunderstanding? What about the date issue?

My fiancee really forgot their names and ages. Concerning the engagement party date...she got mixed up with lunar date and western date.

[Cardin 0]

It looks pretty bad. Besides the wrong answers, you did get engaged after three weeks. All these things together make them feel like you are committing fraud. I think the best way for you do now is to wait for the K1 petition to expire and get married with your fiancee. I doubt another K1 would get a better result.

now now. dont make it sound like its bad. I was engaged 2 weeks after arriving and married on the 3rd week. =). but stayed in vietnam 5 months .. =)

another k-1 wont make a different. best bet is get marry and travel a few more place in vietnam. It can get expensive though to gather these proof. =) thats one reason why I stay so long.

JimvaPhuong was right. I bought only 3 pairs of clothes with me to vietnam. I came across this forum while I was in vietnam so spent some money to buy clothes . =)

[bobtrann 0]

The reasons they gave are boilerplate for the consulate in HCMC. The real underlying reason is probably they believe the relationship is a sham. They pick out inconsistencies in the interview for reasons that USCIS would swallow when they return the petition.

The photos excuse is common in HCMC, and it's also arbitrary and completely unreasonable. The reason they cite is that the petitioner appears to be wearing the same clothes in many of the photos, therefore, they must not have spend very many days in Vietnam. The reality is that nobody brings their entire wardrobe with them when they travel abroad, so you could spend two or three months in Vietnam and still end up wearing the same clothes a lot. However, this reason is easy to cite if the petitioner has only made one or two trips to Vietnam.

Beneficiary doesn't know names or ages of petitioner's children - Is this really how it went down at the interview? Yikes! Your fiancee was not at all prepared for the interview. This information should have been drilled into her head. Names, ages, where they go to school, what position they play on the soccer team - everything!

What happened with the Dam Hoi date? Did she forget?

Were you in HCMC for the interview?

There's nothing you can do now except wait. There was a time when it was remotely possible to get the petition held at the consulate while you submit more evidence, but apparently this is never done anymore. Your petition will eventually make it back to USCIS. The CSC usually just sends you a notice that the petition was returned, the validity has expired, and you're free to file another petition. CSC has also been sending NOID's for the second petition, citing the consular officer's reasons for denying the visa. You can read up about this here:

http://www.visajourney.com/forums/topic/245030-k1-noids-at-california-service-center/

Yes this is how it went down at interview. Dam hoi date was probably mixed up by lunar date instead of western date. I was in HCMC but left a few days before the interview. Thanks for replying.

[Samoray 165]

My fiancee really forgot their names and ages. Concerning the engagement party date...she got mixed up with lunar date and western date.

Sorry about this but you have to wait for USCIS notice and see what next can you do

[bobtrann 0]

http://www.visajourney.com/forums/topic/302040-march-15-interview-result/

Why not posting in your original thread?

Anyway, you should have done this at the beginning of your journey: hiring a knowledgeable immigration attorney specialized in VN cases. Your particular case (divorce in the past and short period of acquaintance) warrants for such need.

DO you know what to do from now on?

Sorry, I didn't know I could post in original thread. Thanks for your reply.

[Pilar 1]

We are very sorry to hear abuout your denial.