Advice Needed for B2

[decker 1]

B2? Yeah, my sister in law tried twice, my wifes parents tried once, I tried twice for my wife. Without the boring details of money, land, VP job, and travel/living abroad her family has giant ties and very compelling reasons to return to VN but were not allowed to present anything. Ever. No questions, no documents looked at, nothing but a denial letter with the ubiquitous 214b blurb. Call your congress guy? We went to two Senators on this and got the same form letter with the same 214b quote. Unless they are dripping money and are well known in HCM they are probably not getting anything but 214b. The Consulate is not even nice enough to tell you why. No. 214b, thats it. Go ahead and roll the dice, let me know how it turns out.

If you want to make this go, you will have to go there. VN is a cool place to visit and you should learn about her culture so enjoy that.

[Ban Hammer 13,626]

two posts removed. the op didn't ask for judgmental posts.

poster thread banned.

[ScottThuy 140]

two posts removed. the op didn't ask for judgmental posts.

poster thread banned.

Thanks

[Casprd 167]

ScottThuy, sounds like your situation is exactly the same as mine. Do you mind sharing with me the exact steps you took, how long it took and your success at getting the K1. In other words how long should the relationship be established before filing for the K1? As I mentioned earlier we have know each other for a little over 3 months now and I will be going to Vietnam in July and then meeting her in Thailand in August for her sisters wedding. After that we were thinking about applying for the B2 VISA but maybe not if you think it will hurt us in the long run as it will establish our relationship prior to my divorce. Let's saye my divorce is final in November, when is it advisable to start the K1 process? Should I start immediately since we've know each other for 8 or 9 months or should I wait a couple months, visit Vietnam and then start the K1 process? Would you mind sharing with me through personal e-mail, I need as much advice as possible. I'm not familiar with these boards so if there's a way to send me a personal message or something I'm more than happy to give you my e-mail address so we can chat, as I mentioned I need as much advice as possible and I'm a little overwhelmed and scared.

Be careful of starting the petition very quickly after your divorce is finalized. It may make perfect sense to the two of you to move forward, but that will be a big red flag for the CO. One of the classic immigration fraud schemes is for the USC to get divorced, marry the foreign woman, and then after she arrives and has the conditions removed they get divorced and the USC re-marries the first spouse. The CO doesn't know anything about you or what you have posted here so they will go based on past experience. One thing you can do regardless of how much time you wait is in addition to the EOR letter, write a similar letter concerning the circumstances and timing of your divorce. Very invasive in what should be personal information I know, but it may help answer any questions for the CO before they arise.

[san diego 407]

I had absolutely identical experience to what you are going through.

1) I highly advice to say the truth.

2) There is 99.999% chance that you will be denied visa. I would save the trouble and start K1 process once you are done with divorce.

3) Nothing will help. If you say the truth you will be denied the visa. If you lie you will jeopardize your future chances for K1.

[san diego 407]

Be careful of starting the petition very quickly after your divorce is finalized. It may make perfect sense to the two of you to move forward, but that will be a big red flag for the CO. One of the classic immigration fraud schemes is for the USC to get divorced, marry the foreign woman, and then after she arrives and has the conditions removed they get divorced and the USC re-marries the first spouse. The CO doesn't know anything about you or what you have posted here so they will go based on past experience. One thing you can do regardless of how much time you wait is in addition to the EOR letter, write a similar letter concerning the circumstances and timing of your divorce. Very invasive in what should be personal information I know, but it may help answer any questions for the CO before they arise.

I have to disagree. I sent my 129F package the next day after I received divorce decree. My package was ready and waiting only for the decree. Not a single problem: neither RFE or even a question. Interview took <1 min. I would not wait. I also had a lawyer on the case and she said that this is not a problem or a red flag. Usual red flags that I learned from my lawyer: age difference, if petitioner came to this country on K1(CR1) themselves and got divorced, law income of the petitioner (reason for a fraud), etc. Recent divorce is not one of them. Start immediately! The second you get decree! Get your package ready beforehand. I know a lot of people on this site would advice against it, but for K1 process I would hire a lawyer. The rest: AOS, etc I did myself. This part I did have a lawyer on.

Edited May 25, 2011 by san diego

[san diego 407]

The main problem is that a lot of people that apply for B2 abuse the system since they can adjust the status once married in US. This is why when our fiancees want to visit us to meet our families they get denied. So, you have to say the truth but you will get 100% denied. Save the money.

[ScottThuy 140]

I have to disagree. I sent my 129F package the next day after I received divorce decree. My package was ready and waiting only for the decree. Not a single problem: neither RFE or even a question. Interview took <1 min. I would not wait. I also had a lawyer on the case and she said that this is not a problem or a red flag. Usual red flags that I learned from my lawyer: age difference, if petitioner came to this country on K1(CR1) themselves and got divorced, law income of the petitioner (reason for a fraud), etc. Recent divorce is not one of them. Start immediately! The second you get decree! Get your package ready beforehand. I know a lot of people on this site would advice against it, but for K1 process I would hire a lawyer. The rest: AOS, etc I did myself. This part I did have a lawyer on.

You didnt deal with HCMC did you? I filed months after my divorce was final and went through hell as a result... not all consulates do things the same way... Recently divorced USC's are documented as having a tougher row to hoe when it comes to HCMC...... Casprd was spot on....

[A + M 29]

I applied for a B2 visa back in 2009. The visa was approved and issued the same day. It was valid for 5 years (multiple entries) .

[ScottThuy 140]

I applied for a B2 visa back in 2009. The visa was approved and issued the same day. It was valid for 5 years (multiple entries) .

From the HCMC consulate?

[A + M 29]

From the HCMC consulate?

No!

[ScottThuy 140]

No!

Happy for you but it has no bearing on the OP's question specific to HCMC...

[san diego 407]

What is HCMC?

[ScottThuy 140]

What is HCMC?

This topic is in the Vietnam regional forum.. HCMC is the abbreviation for the Consulate in Vietnam... The OP's post is Vietnam specific since they don't do things the same way that other countries do...

[luckytxn 2,265]

Listen to Caspard and Scott. The others are talking about outside HCMC and know little about the topic here. It is nice to try to help though but in the regionals it is best to only listen to others that have gone through the same regional. Now you can do the visa as soon as possible possible after the divorce is final but you will have a hard time and a possible long AP. Years ago there was a huge west coast fraud ring (two) exposed and having to do with the VN visas. The consulate got a lot of egg on their faces. A couple of them but could have been more were found to involve already married couples in the states divorcing and then one of them marrying a VN for a visa and then after being successful then divorcing and remarrying their former spouses. The consulate of course is a bureaucracy and the nature of bureaucracies are to be cumbersome and slow acting so they zero in on recently divorced who marry quickly a VN national and then ask for a visa.

To the ones outside of this region, thanks for trying to help but y'all are wrong here. Please in the future refrain from causing possible damage.