Visa Refused (221g): HCMC Embassy

[GREEN/TRAN 0]

I've not been on VJ in a while, but here's our story. Fiance had her interview yesterday.

We had a rock solid app going in. Marc Ellis (EllisIsland) is representing us. Everything in order, organized, all financials, even had a job offer. Everything notarized, organized, etc.

As usual, first person at embassy my fiance dealt with is very rude. As soon as she handed the clerk our paperwork the clerk snapped back and said "Where's this? Why don't you have this? Didn't you read the letter?" OK folks. Here's the deal. I had everything, I mean EVERYTHING they asked for. I spent over 20 hours putting the documents together. I am totally ####### about details. Absolutely everything was in the precise order that they asked for according to Packet 4 instructions. My fiance had to tell the clerk three times that everything was there. The clerk finally realized that we did have everything and reluctantly shut up, only after taking apart my neatly organized application and shuffling stuff around, throwing stuff back at my fiance, ignoring my cover letter that explained the contents and our situation.

First interview was unfortunately with another Vietnamese. This person just asked routine questions "Where did you meet, how many times has he been here to visit, etc. etc.?" in Vietnamese language. Took notes, took the paperwork and asked my fiance to wait again.

Hours of waiting and then an interview with (finally) a U.S. citizen consular officer who was very nice. She was a woman, probably around 25, who didn't look at any travel receipts or correspondence. Asked the routine questions, including how we communicated. My fiance said many ways, including chat, email, etc. CO said show her those evidences. Asked about my visits. Since I lived and worked in Vietnam for long periods, there was confusion over my "visits" (which were actually for work as well as to see my fiance -- I met her in person in VN while working there and spent a total of 8 months together over the past year and a half). The CO was very polite, asked to see a few pictures (which included dam hoi ceremony which my mother flew over and attended), flipped through 40+ pages of correspondence (letters, email, phone records) but didn't scrutinize too carefully. Looked at job offer letter for my fiance (which was from my maternal aunt who owns a salon). Asked about my line of work (I'm PhD student in business, there was some discussion about that). Very candid conversation, a little joking, a little "girl talk." CO asked if my fiance was pregnant and my fiance said yes. CO asked how far along and my fiance told her six months. Asked if boy or girl. We have a little girl on the way. CO smiled, said congratuations about that and then handed her a blue slip (form 221g). Got up, went to lunch and my fiance had to leave.

The 221g does not have any reasons listed on it, although there are places for that. My fiance returned to the embassy after their lengthy lunch break and the Vietnamese girl at the window told her to come back after she had her baby and fill out paperwork for American citizenship for the child. They kept all documents except for correspondence (proof of relationship) and travel receipts, which they gave back to my fiance.

I'm stumped. No explanation on 221g leaves me nowhere but stumped. Marc, my attorney, will be back in Vietnam in a few weeks and we'll hopefully get things straightened out.

I guess I'm in "AR" (Administrative Review)?

I'm upset. Not so much over our 221g, but the lack of courtesy from people who are State Department employees. When I've called before, they are very rude, condescending, etc. Typical Vietnamese style (remember, I've lived and worked there) of someone in "power" dealing with someone who needs their help. This is not the level of customer service taxpayers should be getting.

Don't know if this story will help anyone. But by the way, the embassy does not consider co-sponsors according to my attorney and many others I've talked to recently. They do, however, look favorably on legitimate job offers (which they asked questions about in detail). I just had that as backup (including all relevant business tax returns, letterhead, bank officer letters, etc.). Although my salary is low as a doctoral student, I've got significant funds in the bank and am a designated principal in a long-term successful business (had all documentation for that, business license, bank letters, financial statements, cashflow, etc.). I don't think the financials were an issue.

We'll see. It's a mystery. My fiance is sitting on a bus right now for the 8 hour ride back home. I'll update when I can.

Best to everyone.

3AD

man im so sorry, this is crazy!what i have read on here so far about vietnam interviews it seem they have no method at all for giving somke one a pink or a blue it seems its random and maybe to only appear like they are doing some type job there i dont know ,hope everything works out we wil pray for you

GREEN/TRAN

[Zerovoltz 0]

Wow...back when I was going through this...we got rejected on the first interview for 2 reasons...1 was that I sent them a TAX TRANSCRIPT instead of a W-2. It even says CLEARLY on their own instructions that a W-2 OR a Tax Transcript would be fine. I called IRS and they said both were equally valid...I had even emailed HCMC consulate 2 MONTHS IN ADVANCE and asked them if a Tanscript was acceptable in place of a W-2 and they EMAILED ME BACK SAYING YES IN THEIR VERY OWN EMAIL and then when the interview came they cited the "Missing W-2" as reason number 1 for the rejection....so let this be yet another example of who you are dealing with here.

Reason number 2 was that they wanted me to send them a 5 minute video tape of me speaking vietnamese. ....I was quite honest about it, I sent them a tape of me speaking BAD vietnamese for 5 minutes and let them know that my wife could understand what it was even if the official watching the tape couldn't.

We ended up getting the visa about 3 months later....but it just makes you think that someone there WANTS YOU TO worry, be afraid, despair and suffer.

I think they are using a computer program to randomly determine who gets a visa called

S crew

H er

I nterview

T oday

Version 3.6

[b_weeks 6]

I know this is an old post, however I am going to revive it for the time being.

I am in a similar situation. My fiance is pregnant, however I knew she was pregnant before I filed the petition.

I also have the same lawyer in this case. However, because we were aware of the pregnancy, we were able to provide this information ahead of time in the peption when we filed.

We received NOA2 march 12th.

It is my understanding that the Consulate can NOT deny a petition for K1 visa based on information already approved by USCIS. If there was something in the peptition to deny, it would have been denied at the Service Center.

The only way she could be denied is if she somehow fails the interview, lies, fails the medical, but she can NOT be denied based on the premise she is pregnant, as it was stated in the petition, that she is pregnant.

We are aware that we will have to file CRBA with ACS at the consulate, but we didn't plan on her coming to the US until after the baby was born anyways.

[Tyrobe 1]

Bill, congrats on your recent approval at NVC. Look like you're on the fast track there, and I hope your case will be speedy the rest of the way. Even though I'm on CR-1, but I'll definitely follow your case until that PINK. Keep us posted.

It's interesting to note that HCMC claims to have the most K-1 visa cases in the world.

"Tòa lãnh sự Hoa Kỳ tại Sài Gòn cho biết họ phải giải quyết số lượng đơn xin chiếu khán diện hôn thê-hôn phu (K-1) nhiều nhất thế giới (so với các Tòa Tổng lãnh sự ở các nước khác) và các hồ sơ giả mạo là một vấn đề lớn."

"US Consulate at Saigon (Ho Chi Minh City) acknowledged that they have processed the most applications for fiance/fiancee (K-1) visa in world (compared to other US Embassy/Consulate in different countries) and fraud cases are the big issue."

On the other hand, HCMC is way understaffed.

"Tòa Tổng lãnh sự Hoa Kỳ tại Sài Gòn rất bận rộn, phải duyệt xét trung bình 55.000 đơn xin chiếu khán phi di dân và khoảng 35.000 đơn xin chiếu khán di dân mỗi năm. Ban thông tin liên lạc có 8 nhân viên thường phải trả lời khoảng 8.000 vấn đề cần hỏi, thắc mắc, khiếu nại mỗi tháng."

"US Consulate in Saigon (Ho Chi Minh City) is very busy, adjudicating on average 55,000 non-immigrant visa cases and approximately 35,000 immigrant visa cases each year. The customer service has 8 representatives to answer 8000 different questions, concerns and complaints each month."

Anyway, good luck to all of us going to HCMC post. I look forward to dealing with this post very soon. My translation from this source: Responsibility of US Consulate in Saigon 2008 (Part I).

[Niels Bohr 72]

CONGRATULATIONS!!!

Update: 3AD fiance received the VISA. Marc is a fine attorney. He spoke to the immigration Visa chief, and Marc got the pink slip for 3AD fiance!!!!

[chuckandkim 0]

I know this is an old post, however I am going to revive it for the time being.

I am in a similar situation. My fiance is pregnant, however I knew she was pregnant before I filed the petition.

I also have the same lawyer in this case. However, because we were aware of the pregnancy, we were able to provide this information ahead of time in the peption when we filed.

We received NOA2 march 12th.

It is my understanding that the Consulate can NOT deny a petition for K1 visa based on information already approved by USCIS. If there was something in the peptition to deny, it would have been denied at the Service Center.

The only way she could be denied is if she somehow fails the interview, lies, fails the medical, but she can NOT be denied based on the premise she is pregnant, as it was stated in the petition, that she is pregnant.

We are aware that we will have to file CRBA with ACS at the consulate, but we didn't plan on her coming to the US until after the baby was born anyways.

Create your own post! And yes, I was confused what the heck 3AD is doing here with this post

Nobody can be sure of anything HCMC will or will not do. Yes, they can deny/delay your petition/application for any reason within their rights. But also in the same breath, YOU will also reapply, require, reopen the case if you really really really love her and refile!

So, this goes both ways!

[Nutty 2]

Rude is typical of all Embassy staff, no matter what country they are from.

I would contact the Department of State: (202) 663-1225, press 1 and then press 0, to get a representative. Give them your case # and ask if it under Administrative Review. If they say, yes, then you should feel confident the interview was successful. Because the Embassy won't foward a case for AP until they clear the interview stage.