2nd Notice of Action (NOA)

[JohnCAL 2]

I submitted my K1 visa application for my fiance today. I have a question about the approval process.

So there are two stages of approval? One at the CA/TX/VT Processing Centers which is the "2nd Notice of Action (NOA)" and then another level at the Embassies during the interview? Is this true? Of course, you can't get approved at the embassies if you didn't pass the approval at the CA/TX/VT Processing Centers. So what are the typical reasons an application get denied at the CA/TX/VT Processing Centers level vs. denial at the embassies?

Many thanks,

[captmaximus 11]

Look at the guides on this site... specifically the K1: http://www.visajourney.com/content/guides

Reasons why it could be denied: Lack of proof of bonafide relationship, petitioner is not free to marry, not meeting in person during the last 2 years, etc... Also note that before NOA2 you will get a NOA1 when USCIS receives your petition.

[JohnCAL 2]

Look at the guides on this site... specifically the K1: http://www.visajourney.com/content/guides

Reasons why it could be denied: Lack of proof of bonafide relationship, petitioner is not free to marry, not meeting in person during the last 2 years, etc... Also note that before NOA2 you will get a NOA1 when USCIS receives your petition.

I have met my fiance twice before submitting the application. In addition, I wrote in my affidavit that I will meet her again this December for the Engagement ceremony. My father will travel back with me. We will go through the ceremony with about 10 people from my family but only I and my father are from the US. Her family will have about 30 people. We will submit pictures of this ceremony. We will travel to Singapore and Phu Quoc Islands and I plan to take many pictures so she can take to the interview.

I lost my plane tickets. But I submitted copies of the Visas used to enter Vietnam with entry and exit stamps. I also submitted copies of hotel stay and pictures of us in two different cities in Vietnam with famous landmarks and also pictures of us on a Ha Long Bay cruise. I only submitted 40 pages of skype screenshots and 30 pages of emails. Do you think this is enough to prove a bonafide relationship?

Thanks,

Edited October 19, 2015 by JohnCAL

[captmaximus 11]

It sounds like you submitted plenty of evidence. You should be OK as long as you also submitted a signed "Intent to Marry" letters with wet signatures from each of you.

[TBoneTX 45,329]

Part of the confusion might be in relation to terminology.

To be precise, you've filed the I-129F petition (with USCIS).

Their letter about having received it is what we here call the NOA1.

Upon petition approval, USCIS sends what we here call the NOA2.

The petition then briefly goes to the NVC, which ships it to the appropriate consulate.

This is where the "K-1 visa application" is done.

The standards at the visa interview are FAR higher than for the petition at USCIS.

See the Vietnam regional forum for the country-specific details.

[MiNMiLove 33]

Should they make sure that the engagement ceremony does not in the least bit resemble a wedding ceremony? I am not sure how sensitive their embassy is on that. If they (the embassy/consulate) may try to say they got married and deny their visa. Just saying. Please correct me if I am wrong. Thank you.

[TBoneTX 45,329]

make sure that the engagement ceremony does not in the least bit resemble a wedding ceremony

This.

[JohnCAL 2]

TboneTX,

You said that the standard at the interview is tough. I heard that usually they have made their decision prior to the interview. Is this decision mafe at the embassy level?

At the time of interview, we would have met three times with pictures of the engagement party available. We will also travel to two cities after the engagement party so I hope that will prove a bonafide relationship. My biggest problem is that I sponsored a spouse to the US in 2002 and we were divorced in 2009. I then married a USC in 2012 and then divorced her this year. I only have a child with the second spouse. So you can see that my marriage history is complicated and with one prior sponsorship on record do I am nervous.

[zeta054 111]

looks like u front loaded your application and your in Cali. Look for a few weeks to get NOA1 and anywhere from a month to 6 months to NOA2 if you dont get any RFE's.

If you supplied enough evidence then NOA2 approval but that doesnt mean you can still be denied in VN embassy during the interview part

Edited October 20, 2015 by zeta054

[TBoneTX 45,329]

I heard that usually they have made their decision prior to the interview. Is this decision mafe at the embassy level?

Yes, embassy level. The consuls are supposed to start in "neutral mode" but will have an impression from having looked over the approved petition package. See the relevant Vietnam threads for more, and go atop any VJ page to click "Reviews: Embassy" for relevant stories and patterns.