K1, File return to USCIS for possible revocation or denial

[US VN 0]

Friends,

This is 100% real. What I talked to my fiancee about if she can recall about what questions did they ask during the interview? She did not speak any English, she had to reply to translator during the interview session. Her responds is they ask about what is my boss name in which she told them she did not know. All other questions she answered them correctly, so I am so confuse at this time and try to figure out what will be the best way to address the issue which I do not know what will be the outcome.

TIA,

us_vn

[confusedasheck 21]

6) Beneficiary in unaware of the basic facts regarding Petitioner’s locality and-or hometown (features, characteristics,…). For example, Beneficiary was unable to provide any credible details about Petitioner’s hometown, not even the name.

How do you explain that she doesn't even know where you live? Is this an error by the consulate or is this actually true?

[Dan_P 5]

Friends,

This is 100% real. What I talked to my fiancee about if she can recall about what questions did they ask during the interview? She did not speak any English, she had to reply to translator during the interview session. Her responds is they ask about what is my boss name in which she told them she did not know. All other questions she answered them correctly, so I am so confuse at this time and try to figure out what will be the best way to address the issue which I do not know what will be the outcome.

TIA,

us_vn

You really need to talk to a lawyer as to how to build the case. If what you are saying is true, then either the translator and/or the CO was lying many times.

As a curiosity, do they record the interview? If they did, then you can use that as proof.

Edited July 3, 2011 by Dan_P

[ScottThuy 140]

Friends,

I finally have a scanned copy of the denial letter from US Consulate in VietNam to tell us what are the reasons to return the case to USCIS. Please give us advices!

TIA,

US-VN

1) Photographs submitted as evidence of the relationship indicate that Petition and Beneficiary have spent only one or two days together.

2) Beneficiary and-or Petitioner submitted no evident of any engagement celebration. This is contradict the cultural norms in which many members and friends, including those in the US are invited to engagement celebrations numbering in the hundreds of guests for families of even modest means. Together with other factor, this has been established as on the key elements of a sham relationship to evade US Immigration laws.

3) In contrast to Vietnamese social and cultural norms which mandate a lengthy and careful period on pre-nuptial arrangements, Petitioner and Beneficiary became engaged within two weeks on meeting in person.

4) Beneficiary is unaware of basic facts regarding the Petitioner's occupation, livelihood and-or worklife. For example, Beneficiary was unable to recall Petitioner's place of employment, then name of his direct supervisor or the name of any his coworkers.

5) Beneficiary is unaware of basic facts regarding Petitioner's personal history and-or significant life experiences. For example, Beneficiary was unaware hoe Petitioner went to the US, when he immigrated or when he naturalized.

6) Beneficiary in unaware of the basic facts regarding Petitioner's locality and-or hometown (features, characteristics,…). For example, Beneficiary was unable to provide any credible details about Petitioner's hometown, not even the name.

7) Beneficiary us unaware of the basic facts regarding Petitioner's previous marriage. For example, Beneficiary was unaware that Petitioner had previously been engaged and filed a K-1 petition for another woman just 1 year before Petitioner and Beneficiary met.

8) Beneficiary is unaware of the requirement to marry within 90 days of admission to the US. Therefore, it appears the Beneficiary does not have the intend to comply with the requirement of the visa category applied for or that the claim relationship is a sham (or both).

this was a straight up bad interview and her responses to the questions or lack of preperation has made it an uphill climb for you two.... you have a great deal to address... you need to find out exactly what her responses were to the questions that were asked... then you will better know how to address them in your rebut... the fact that you just filed a k1 a couple of years ago has a great impact on this one to start with.. but couple that with her not being prepared made it worse.. not much that can be done at this point other than to start getting your ducks in a row and prepare for it taking at least another year.... go through that list of items they had issue with and explain each one so that USCIS will understand...

[jac_chappin 24]

Wow! This is a tough situation given all of the evidence the CO cited for not being a real relationship. I suggest you get a good immigration attorney.

The accusation of the relationship being a sham is a serious accusation and could result in a lifetime ban if not addressed.

Good luck!

[ScottThuy 140]

This is similar to Jeromes case in many respects... Marc Ellis could be a good resource in this situation...