Is it a bad idea to refile k-1

[JimVaPhuong 4,863]

Thanks for refreshing my memory and going over the details again. I remember this was happening to all that were sent back to CSC at least up to a couple years ago. The letter he got seems to were they are still doing it maybe. So he needs to get ready for the NOID when he does the visa again as he will have limited time to reply and rebut the notice. Failing to do so will be denial again automatically.

It could be worse than an automatic denial. The consular officer's accusations often include a P6C marker in the beneficiary's file. If the petitioner doesn't adequately respond to the NOID then the P6C marker can result in a finding of material misrepresentation against the beneficiary. When they show up for the CR1 interview they'll be told that they're guilty of fraud and therefore inadmissible, and they'll need an I-601 waiver. This is why they need to respond forcefully with a truckload of evidence if they receive a NOID.

Got engaged after only 3 weeks heah? Really? Go around any shopping mall and ask people around you. Then see the percentage of the total amount of people you survey "think" the relationship is genuine, especially when it's a really long distant one.

I hope you two learn from the past mistake. TAKE THE TIME

Edit to add:

To those who keep saying "It's love! But but but but I really do love her!", just revise the story a little bit and put your son/daughter in the picture. Imagine one day s/he goes home from attending college for only 3 weeks and tells you this "Dad, I really love Tiffany! I met her during a drinking binge and I wanna marry her now!"

The CO's accusations are not always accurate, and in some cases they are blatantly false. In this case, they mean that the petitioner and beneficiary became engaged three weeks after first meeting face to face. It ignores the fact that the petitioner and beneficiary may have had a long distance relationship for many months or years prior to the petitioner making their first trip to Vietnam. They could have racked up 100's of hours of webcam chat time by the time they actually meet in person.

Also, when the consular officer refers to "engagement" in this case, they are referring to a formal Dam Hoi, or engagement ceremony. These can take time to arrange. The consulate expects a couple to have a Dam Hoi following by a big party with guests numbering in the hundreds. This can only be done when the petitioner is in Vietnam, and a Dam Hoi that would meet the consulate's standards would need to be planned before the petitioner arrived. Old fashioned Vietnamese would consider it vulgar for a woman to "date" someone she wasn't formally engaged to, so many people just think it's natural to get the formal engagement out of the way so they can continue their relationship.

My avatar picture was taken at my Dam Hoi ceremony. My wife spent three months making the arrangements, and had my blue "Ao Dai" custom made for me before I arrived. We had our Dam Hoi on my third trip to Vietnam.

It's also a misapplication of the "local social customs and traditions" that the consulate claims to apply. Arranged marriages are still common in Vietnam, especially in the rural villages. There are many Vietnamese who don't actually meet their future spouse until the day of the engagement ceremony since the arrangements were made by their parents, so the consulate's claim that a long period of courtship prior to engagement is the social norm in Vietnam is very often not true.