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My Le

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Filed: K-1 Visa Country: Vietnam
Timeline
A little newer happening for our situation:

This morning I called in the consulate to check on the status of my wife’s visa. They phone call

That’s much clearer than the last time, when they didn’t mention at all about name blocking. Being self-explanatory, the term that says all like phone blocking or e-mail blocking. So nothing is needed to discuss further for the nature of the delay.

However, she added that the work would take a little bit long. A little bit long is how long? That’s the problem. I intended to ask her about this but she already hanged up as fast as usual. Even if I could, she may not be able to tell as last time she already said she could not.

No way they could figure out a time frame for such kind of work? Is this comprehensible? Where is the logic in here? Is that just because of the system? Or because of the lack of vision and dynamism from the bureaucrats at the consulate? Anyone has any ideas about this? How to resolve it for now? Is there any way to help expedite the processing? Am I overreacting? Please tell.

I have been petitioning harder and longer than usual, I have worked my butts off on petitioning twice, and now at the time when it already came out with good result, then I was told to wait for an additional and unpredictable “little bit long”. Is that just “very simple” and "nothing strange at all"? Is that fair? I'm a ###### or what?

Thanks.

recognized very fast our case, as soon as my case number was spelled out, then immediately I was told that the producing of my wife’s visa has been delayed because they had blocked her name when she was denied visa before for the K-1, the fiancéee petition. Now they need to unblock it so the visa for the petition just approved could be produced. That’s it. Nothing strange at all, it’s just that very simple, so told the lady answering my

Do you have any Attorney to help?? I was wondering if you has completed all the steps for the paperwork yet? I remember once, the Attorney of 3AD told me that if any one has been denied for the fiance/marriage visa application, the name of Vietnamese fiance will be blocked. If they want to re-apply, they must do a process to cancel the first petition to go to the 2nd petition. I'm not sure what exactly details, but you should re-check with the person (may be an experienced attorney) who knew clearly about the fiance/marriage visa process.

Hien

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Filed: K-1 Visa Country: Vietnam
Timeline

My Le,

Do you have any Attorney to help?? I was wondering if you has completed all the steps for the paperwork yet? I remember once, the Attorney of 3AD told me that if any one has been denied for the fiance/marriage visa application, the name of Vietnamese fiance will be blocked. If they want to re-apply, they must do a process to cancel the first petition to go to the 2nd petition. I'm not sure what exactly details, but you should re-check with the person (may be an experienced attorney) who knew clearly about the fiance/marriage visa process.

Hien

PS: I have to post again the content, sorry for mistake.

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My Le,

Do you have any Attorney to help?? I was wondering if you has completed all the steps for the paperwork yet? I remember once, the Attorney of 3AD told me that if any one has been denied for the fiance/marriage visa application, the name of Vietnamese fiance will be blocked. If they want to re-apply, they must do a process to cancel the first petition to go to the 2nd petition. I'm not sure what exactly details, but you should re-check with the person (may be an experienced attorney) who knew clearly about the fiance/marriage visa process.

Hien

PS: I have to post again the content, sorry for mistake.

I think petitioner like me has no right/authority at all in the process of the practice of removing of the name blocking because this kind of work, name blocking and unblocking, is an internal procedure between the DHS/DOS gentlemen. In the beginning when her name was blocked, on the petitioner side there had even been no awareness about it at all, let alone could do a thing on it. And even if someone on the petitioner side did, there has been little chance for him to do aything about it to improve the situation.

Therefore, there's no such paperwork all the way through to complete in my part. At no stage whatsoever in the procedure an outsider could step in. They (the DHS/DOS bureaucrats in the US), who have full authority on name blocking, are like parents who block a website they deemed not good to prevent their kids (DOS bureaucrats at consulates) to access to. Another scenario could be like this: by guidelines the kids have to shut off a website their parents told them that it is bad until it could be proved otherwise. Then somewhere in the game show of one or the other scenario, name blocking/unblocking is to be employed as a (technology) tool. Is this a very high-tech one? I don't know. And how hard is it? I don’t know.

We don't feel we get stuck at the time being but we don't want to be left lingered around in here aimlessly, so right now I need to find out at least a clue about the mechanism that governs the handle of the unblocking practice or anything about it that in case when I need to discuss it with them I could use to prove my point even though that may sound hopeless.

Anyone could help? Any (high-) tech guy around?

Thanks.

.

Edited by My Le
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Filed: K-1 Visa Country: Vietnam
Timeline

Hi My Le,

I have also heard that the petitioner must cancel, but I believe it was another person on VJ. It says here :

http://hochiminh.usconsulate.gov/faq3.html

How can I withdraw or cancel a petition that I filed?

Please send us an original, notarized letter of cancellation. We will stop processing the case and return the petition to the U.S. Citizenship and Immigration Services (USCIS).

Other countries ( Khazikstan ) require the notarized letter be sent to the embassy.

At any case recall you have a case # associated with your first petition, make sure your notarized letter references the first case number as the one to ne cancelled. Personally I think I would also include the letter that you do have an active case # ( what that is ) and you believe the first case # is blocking and again state the first to be cancelled. Just make it simple and clear.

It seems like you have nothing to lose if you try clearing the first one. Best Wishes !

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Hi My Le,

I have also heard that the petitioner must cancel, but I believe it was another person on VJ. It says here :

http://hochiminh.usconsulate.gov/faq3.html

How can I withdraw or cancel a petition that I filed?

Please send us an original, notarized letter of cancellation. We will stop processing the case and return the petition to the U.S. Citizenship and Immigration Services (USCIS).

Other countries ( Khazikstan ) require the notarized letter be sent to the embassy.

At any case recall you have a case # associated with your first petition, make sure your notarized letter references the first case number as the one to ne cancelled. Personally I think I would also include the letter that you do have an active case # ( what that is ) and you believe the first case # is blocking and again state the first to be cancelled. Just make it simple and clear.

It seems like you have nothing to lose if you try clearing the first one. Best Wishes !

What you and David-Hien said is for those who want to discontinue or cancel the petition in the middle of the course. One of the reasons he cancels could be that he wants to terminate the relationship or he still wants the relationship but do not want to sponsor anymore. Especially as in some cases, the cancellation is done so he/she could apply for another one, which means he changes his mind for another person.

Here, first they disapproved my K-1 (fiancée). So I have to reapply, but by a CR-1 (spousal) not the K-1 again, for the same person. And during the course of both times petitioning, K-1 and CR-1, I didn’t withdraw/cancel at all.

About records, I still have had all of them so far. But the unblocking procedure technically has nothing to do with it.

Then if I have to complete anything, the consulate already notified me about it.

Therefore, this is not the case for our situation.

Thanks.

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Filed: K-1 Visa Country: Vietnam
Timeline

At the time this was posted I did a number of internet searches including law forums. Why ? Because I figure a K-3 would be my next step if the K-1 fails.

What you said make sense from a people point of view. From a programmer's perspective, it can be thought of differently. The case number is just a number in a database that links to name(s) ( you and you fiances). I can easily envision a design by the state department that would require some action to clear the first transaction. The transaction causes the case numbers from both USCIS and the NVC to cease, not the person.

I dont think its a case of whose right or wrong or how it should be, but understanding how the system appears to work and then working with their system despite their system seeming backwards. Best Wishes Andrew

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At the time this was posted I did a number of internet searches including law forums. Why ? Because I figure a K-3 would be my next step if the K-1 fails.

What you said make sense from a people point of view. From a programmer's perspective, it can be thought of differently. The case number is just a number in a database that links to name(s) ( you and you fiances). I can easily envision a design by the state department that would require some action to clear the first transaction. The transaction causes the case numbers from both USCIS and the NVC to cease, not the person.

I dont think its a case of whose right or wrong or how it should be, but understanding how the system appears to work and then working with their system despite their system seeming backwards. Best Wishes Andrew

Now I know what you mean. However, truth be told, by what you just said I feel that I have just been enlightened a little bit in theory only, and how to make it possible into practice is still hard for me. If I try this direction, I need more hints, specifically as, for example, first how to approach the system...

Thank you very much for your patience.

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Filed: K-1 Visa Country: Vietnam
Timeline

My Le,

You should check with one experienced Attorney as I said, the exact word is to "waive" for the first case (K1), which has been denied (it means you got blue sheet, then you ignored that case and changed to another kind of visa - K3). One Attorney can understand and explain to you more than we explain to each other in this forum.

All the best wishes to you.

Hien

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My Le,

You should check with one experienced Attorney as I said, the exact word is to "waive" for the first case (K1), which has been denied (it means you got blue sheet, then you ignored that case and changed to another kind of visa - K3). One Attorney can understand and explain to you more than we explain to each other in this forum.

All the best wishes to you.

Hien

I will whenever I can.

"One Attorney can understand and explain to you more than we explain to each other in this forum." Who is he, btw?

Thanks.

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Finally:

About ½ hour ago, they just called my wife, informing her that her visa has already been ready for pick up. That’s very nice. Unbelievable!!!! I couldn’t imagine that fast. They must have some shortcuts anyway. :whistle::dance::thumbs::blink::D B)

They said we can stop by for the pick up right now as they’re being open. Unfortunately, we are at my wife’s hometown for right now, 4 to 5 hours riding motorbike away. We’ve moved here since the weekend before last weekend. So we’ll go tomorrow. Hurrah!!!! :luv:

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Filed: Timeline
Finally:

About ½ hour ago, they just called my wife, informing her that her visa has already been ready for pick up. That's very nice. Unbelievable!!!! I couldn't imagine that fast. They must have some shortcuts anyway. :whistle::dance::thumbs::blink::D B)

They said we can stop by for the pick up right now as they're being open. Unfortunately, we are at my wife's hometown for right now, 4 to 5 hours riding motorbike away. We've moved here since the weekend before last weekend. So we'll go tomorrow. Hurrah!!!! :luv:

I i would fly like an eagle to that damn city quick!!! I am very happy for you My Le.

2006-07-01 : I-129F Sent

2006-07-11 : I-129F NOA1

2006-09-18 : I-129F NOA2

2006-10-16 : NVC Left

2006-10-21 : Consulate Received

2006-11-10 : Packet 3 Received

2006-11-11 : Packet 3 Sent

2007-02-14 : Interview!!! OMFG!!!

The views I express here are of my opinion only.

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Finally:

About ½ hour ago, they just called my wife, informing her that her visa has already been ready for pick up.

Yes! :dance: :dance: Congratulations My Le! It has been such a long journey and difficult journey for you. I am so happy to see it finally turn out successful. :dance: :dance: :star: :star: :dance: :dance:

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