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"No common language" -- advice?

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Filed: K-1 Visa Country: Vietnam
Timeline

My fiance had her interview yesterday. She said they asked her if she spoke English and she said "a little." The CO then asked her about 7 questions, but she could not understand the CO. She would understand the first few words and miss the end of the sentence. The CO would not let the translator in the room participate, and did not review any of our evidence, which included a year's worth of Skype chat logs and some email correspondence.

She was given a blue slip with the instructions:

"Please submit an original signed letter of explanation as to how Petitioner and Beneficiary communicate without a common language. Please provide any supporting documents and an English translation of the explanation and any documents submitted."

We talk via Skype for about an hour almost every day. I got in the habit of typing most of what I was talking about to clarify points, and she got in the habit of depending on the written text and using Google Translate to clear up details.

I have found her written English is reasonably decent, but her ability to understand the spoken word--particularly from anyone other than me--is poor. We have learned to work it out by using technology and learning mannerisms over time.

I have visited her 3 times, and we get on fine. Each time, we have relied on Google Translate less. However, I don't really know how much of what I say she is missing. She seems to pick up on "actionable" things when we are together. She has even been able to translate what her friends said to me on-the-fly on occasion. Her pronunciation, while not perfect, is much better than her uncle's--and he's been living here for many years.

So I have composed a letter explaining the fact that technology has allowed us to overcome some significant challenges, and we communicate often and both feel that we understand the other quite well. I have included Skype chat logs, emails, written correspondence, as well as a lot of backing data to show that I have gone to see her multiple times and that we have traveled around together. I had this notarized today, and will be shipping it over.

Before I send it off, does anyone have any words of advice? Should I--or shouldn't I--try calling to consulate tonight to see if I can better understand their concerns and how best to clear them up?

We practiced questions before the interview, but I think she got flustered and was just overwhelmed.

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Filed: Timeline

I'm not familiar with the Vietnamese consultate specifically, but you can try calling them and see if someone will speak to you.

With consulates like Vietnam, I think the ideal solution would have been to attend the interview with your fiance(e) to show that you have a bona fide relationship that "works."

All you can do is to write the letter and also point out the Skype logs and email correspondence. It might also be worth doing a search, on here and on Google, to see if anyone else has had a similar interview outcome and has successfully obtained a visa. If you can also provide evidence of her English language ability, e.g., certificates, enrollment in English classes, that might be helpful as secondary evidence.

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Filed: Citizen (pnd) Country: Mexico
Timeline

Maybe explain longer why the fact she doesnt speak english wont affect her living in the US. And just as a question, it really doesn't affect you both she cannot have a real conversation with you because it could be misunderstandings???

In my case is been difficult when we talk about something serious because things that in my language means something could be easily cause a misunderstand in my hubby's... and I luckily have a good english

I love you Charles forever!!

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That I'm aware of, language barriers are a huge red flag. You're lucky that you were given a chance to provide additional documentation and not downright denied though. They have to know that you guys communicate somehow because either they want you to speak her language or her to speak yours. Try to gather as much evidence as you can, I really hate it when the CO doesn't review the evidence. Was she given a second interview? Is it possible for you to attend the interview with her?

This does not constitute legal advice.

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Filed: K-1 Visa Country: Vietnam
Timeline

I don't think her limited English abilities will hamper her in the U.S. any more than it does the millions of other folks here who have limited command of the English language. Certainly, a better command of the language will be helpful, but that can also be acquired much more quickly by experiencing the language first-hand everyday. As it is, she gets to talk to me an hour or so each day, and the rest of her day is Vietnamese. She has taken English classes, but they do not seem to focus on oral comprehension at all.

As regards our relationship, we are both very patient with each other. I have found that the language barrier has been more of a reducer of potential arguments as opposed to inciting disagreements. We both make the assumption that there was a miscommunication and cut the other some slack: he/she probably just did not understand what exactly I was trying to say. This allows us to come at the issue with level heads and from another angle. In one year, we have only had one conversation that could be characterized in any way as a quarrel. It involved a lack of understanding regarding how tired I was when I visited and my body clock was off by 12 hours. She took a statement I made very personally when I didn't mean it in such a way. We put it behind us and went on. It's one of the things I absolutely adore about her: her ability to let little things go and not blow up into something big.

I do often wonder how much of what I say is really "getting through" as opposed to just getting a nod. I spoke with the husband of her cousin, who confirmed that he has experienced some of that even after marriage and after his wife has been here for a while.

All I can say is that we both understand it will take time. I'm quite certain in our ability to communicate important things.

I am taking a more active role now to discourage use of Google Translate and to not type so much of what I say--so that she has to practice listening more.

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Filed: K-1 Visa Country: Vietnam
Timeline

From their FAQ:

17. I am a petitioner. May I accompany the beneficiary to the Consulate for the interview?

If the petitioner is in Ho Chi Minh City at the time the beneficiary’s visa interview, the petitioner may accompany the beneficiary. However, please note that the interview is scheduled specifically to evaluate the beneficiary’s eligibility, and the petitioner may be asked to wait in the waiting area. The interviewing officer will speak to the petitioner only if he/she determines it is necessary for the assessment of the case.

So it would appear that if they will grant another interview after reviewing the documents I am providing, it might be possible to attend. But I will have to sit there and just be an observer unless asked to participate.

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Filed: Timeline

From their FAQ:

17. I am a petitioner. May I accompany the beneficiary to the Consulate for the interview?

If the petitioner is in Ho Chi Minh City at the time the beneficiary’s visa interview, the petitioner may accompany the beneficiary. However, please note that the interview is scheduled specifically to evaluate the beneficiary’s eligibility, and the petitioner may be asked to wait in the waiting area. The interviewing officer will speak to the petitioner only if he/she determines it is necessary for the assessment of the case.

So it would appear that if they will grant another interview after reviewing the documents I am providing, it might be possible to attend. But I will have to sit there and just be an observer unless asked to participate.

True. But the fact that you bought plane tickets and you are there in person (even if you're not present in the interview itself) is likely to be reassuring for your future spouse as well as the interviewing officer.

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Filed: K-1 Visa Country: Vietnam
Timeline

My original plan was to be there for the interview. However, things went so long at USCIS TSC that we decided it might not happen this year & I went to see her for the 3rd time and used up all but 1 of my remaining days off for the year. In hindsight, we should have opted for a later interview date (closer to December) and had more time to work on English & for me to see if I could work in some time off, even if I have to pay for it.

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Filed: Timeline

The consulate in Siagon will allow you to attend the interview. You may not be involved at all but it you can swing the trip, it can't hurt. Your fiance would appreciate it, I am sure.

I doubt they care whether her English ability (or lack thereof) will impact her life in the US. They are more concerned about fraud. I'm a bit surprised that three trips didn't convince them of the bona fide nature of the relationship, but they may think that if there is something going on you aren't part of whatever it might be.

Calling the consulate will do no good - you can try (if you can find the number) but I have never seen this work at that consulate. In any event, even if you did get through the materials you have created and your fiance's ability to convince the CO are more powerful than anything you might say over the phone.

I am surprised they didn't make the translator available. It suggests the CO had a concern prior to the interview, and was trying to make a point.

As an aside, a traditional Vietnamese women normally would not directly argue with you, even if there was not a language issue. Smiling is a way to get past situations that involve conflict. Things seem to change after marriage (at least in my experience) but I wouldn't draw any conclusions from your fiance's lack of verbal sparring. She has her thoughts...and they may not always align with yours...but you've got to work to figure it out.

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Filed: K-1 Visa Country: Vietnam
Timeline

Heh, I'm aware of the cultural difference. I can often tell when she disagrees or is upset with me because she is aloof. She has commented on my ability to "read her mind" meaning that I can usually tell her mood even when she is trying to hide it.

I have no idea what would have made for a concern prior to the interview. We are as straight-up as I can imagine anyone being.

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Filed: Timeline

Heh, I'm aware of the cultural difference. I can often tell when she disagrees or is upset with me because she is aloof. She has commented on my ability to "read her mind" meaning that I can usually tell her mood even when she is trying to hide it.

I have no idea what would have made for a concern prior to the interview. We are as straight-up as I can imagine anyone being.

I know all about the silent treatment!

No need to answer but think through how you met her, and whether that might raise questions. If she is very traditional, and, from a small town, it begs the question as to how you met (again, no need to answer and I am not casting any judgement). If you know her uncle here in the US and that is how you met her, it could raise a concern on their part about completing the family here via you.

I am sure you've thought this through but if she is very traditional and straight-up for a Vietnamese woman, it begs the question how she met a Westerner.

Then again, every CO is different and perhaps you drew a particularly suspicious (or bored...which I doubt) CO.

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Filed: K-1 Visa Country: Vietnam
Timeline

Well, I'll answer anyway. Maybe you can spot something that they are suspicious of.

She is from Saigon. I actually met her before I met her uncle. However, he was (part of) the conduit to introduce us.

I have a friend/co-worker, who has a friend, who married her cousin (a niece of the uncle on the other side). They noticed I was single and very traditional and quiet, into Asian culture (I am rudimentary-conversational in Japanese, though it is getting rusty) and got to talking. Out came the iPhone and the photos of her friend that they thought I'd be a good match with. They first wanted to introduce me to her friend (who is from a smaller town) but after one email exchange, we did not click. I thought everything was done and a few weeks later they emailed me a photo of Uyen & asked if I was interested in talking to her, because she doesn't seem to be finding the right guy in Vietnam. The subject came up at dinner at the uncle's house and they said "well, we know this great guy..." Maybe I can do what they did... I took a chance, thinking it would again lead nowhere.

We emailed at first, and then I tried an audio-only Skype call which was disastrous and almost made me give up. What kept me interested was when she said she would go to an English class if I would give it another try. I've had several people try to set me up before, and never had the other person show effort towards making something work. At this point, it was just pen-pals, but we started from the get-go laying out the idea that we were both looking for a spouse. We both would like children, and the clock is ticking so to speak.

So I was intrigued by her show of effort and decided to give it a go. From that point on, we used video & text with audio and it was much better. I saw her English improve and we found that we had a lot of the same interests. I told my Mom that I was going to fly over and meet her & that if we had a physical connection, I was already sure I would ask her to marry me. We did, I followed through, and went to her parents' house to ask permission--via Google Translate and Uyen--and I think a phone call with the uncle back in the states (who still had not met me, but had heard good things about me) & I was welcomed into the family.

I went back about 2.5 months later for a traditional engagement. We flew to Da Nang together and met her mother's side of the family. I've met some of her friends who now live in London when I was there last. They are already making plans to come visit us in the U.S. next summer if we get everything worked out.

Certainly, I got a lot of the question "how do you guys talk"? I usually say "slowly, in simple words, and with the help of modern technology and patience." And soon after, the person asking the question usually downloads the Google Translate app & goes "oh, wow!"

In my initial I-129F petition, I gave a lengthy explanation as to how we came to know each other (though I did not mention the other woman they first wanted to introduce me to) and how we learned to communicate despite the language barrier. (this was on the supplement question)

I'm pretty convinced that I'm the only person on planet earth who has bothered to read that letter.

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Filed: Country: Vietnam
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A letter of explanation and your Skype logs should be enough. This consulate will give a blue slip for more evidence even if you have it at the interview or try to slide in with the required documents. They just give it back at the interview. They make you submit the proof after the fact. It's a pain.

The best thing you can do at this consulate is attained the interview so they can see how you interact with each other. A real couple is pretty obvious.

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