This is a sad sad day!!!!

[tway22 0]

tway22,

Of course, the laywer will tell you to switch to K3 and why? First of all, they will milk more money out of you. Secondly, they will not have to spend the time to file for an appeal and maybe going to immigration court later. This appeal process, believe me, no laywer wants to deal with. The Consulate denied your K1 the first time around, what makes you and your laywer think that they will approve your K3? What you are lacking is PROOF. You must either appeal or build a stronger case. Switching from one type of visa to another will only lengthen your seperation from your fiance. However, if you use that time wisely to build up your case, then it might work.

The choice is yours, either appeal or refile to K3. If I were you, I would fight back. For people who know me on this board, they know how hard I fought back and we prevailed in the end. During the time my case was in AR, I have heard all kind of suggestions from friends and "lawyers" such as refile to K3 or have a kid. Both of these suggestions were not what I had in mind back then. K3 means going back to square one. Having a child means DNA testing, additonal paperwork and a breand new can of worms.

If you still insist on filing for K3, then the answer is yes, you must have the "Certificate of Single Status" on your part. You can either do it yourself or ask them to do it for you. The forms and instruciton can be found on the Vietnamese General Consulate in San Francisico website.

If you are going to VN this time only to sign the paperwork for your marriage, then do this:

First, gather all the required documents, then submit to "So Tu Phap" for approval. I am sure you know how much "Uncle Ho" can do for you there. So, have your fiance let "Uncle Ho" do the talking. With the right amount of "talk", she can schedule an appoint for both you and her to come to So Tu Phap to sign the documents on Monday. You then fly Friday night, arrive in Saigon Sunday afternoon, spend some "quality time" with your fiance, go to So Tu Phap on Monday. Flight back on Tuesday and when you get back to the States, it is still Tuesday night. Get some sleep, go back to work Monday. That way, you will only loose two days. I have done it twice before. It's no fun but whatever it takes, my friend.

Go get them, tiger.

Thanks Kevin,

Well, it's not costing me any extra, they are filing everything free since I paid to get the K-1 paperwork done. It didn't cost me much to file the K-1 with them anyways, but this is before I knew about this forum. But since this is not costing me any extra I'll let them deal with the forms and such since they specialize in it. Only thing I have to pay for are the fees associated with filing for K-3. I actually got my boss to let me leave for 2 weeks. 1 with pay and the other without to get all this done. Since I'm going back...might as well make it worth while and spend some more quality time with my fiance. We'll probably have a small wedding ceremony just for the immediate family members. As for advices on having a kid and such....beleive I've heard them all but I don't want to have a kid and complicate matters. If I have a kid I want him/her to be born here in the US and watch them grow up.

[tway22 0]

Does anyone know if they actually return personal items we've submitted during the interview once they return our file back to USCIS? We have so many hand written letters and pictures we've submitted to them. We are going to need all those things back if we are pursue K-3. I've know alot of people who have been denied K-1 and went K-3 route and were successful. Circumstances were very similar to mine where they have only met their fiance for a very short period of time. I seem some folks on this forum fight the system and it's taking them longer to get the interview again for K-1. By the time we get our K-3 interview we will have much, much more evidence to prove our relationship. Thanks for all the advices in this forum. Everyone has been very helpful and I'll probably still need much more from everyone. Thanks.

[Kath 0]

hi tway

sorry to hear about your situation i hope you can resolve it quicker by doing the K3 journey..

below is a link to uscis ...its a form you can submit for retun of original documents..dont know how long it takes though...

RETURN OF ORGINAL DOCUMENTS FORM

good luck

kath

[David-Hien 11]

Dear tway22,

About the evidences, you can write a letter or draft a letter for your fiance and send to the Consulate to tell them your case number, date of interview, the situation they kept your evidences and ask them for return it. They cannot keep your evidences and it's unreasonable to keep your evidences forever. When you come back VN for the wedding, you can come to the Consulate to talk to the girls at reception window.

About the kid, sometime the kid can help to solve the problem, sometime it's not necessary. I used to see M.E help to stop my friend's case sending back to USCIS. The attorney can stop the process of sending back or not depends on their ability to contact to the person in charge and your luckiness.

Good luck on your new planning.

Hien

[tway22 0]

We couldn't stop it from being sent back to USCIS. We were told it's already on it's way back to the US. I am not actually going for K-3. I'm actually doing the I-130 way. I get confused between the two. I just hope this goes smoother and I think it will. They will see that our relationship had lots and lots of time to grow from the first time I filed until the time I get my interview for the I-130 way.

[martindart 0]

Does anyone know if they actually return personal items we've submitted during the interview once they return our file back to USCIS? We have so many hand written letters and pictures we've submitted to them. We are going to need all those things back if we are pursue K-3. I've know alot of people who have been denied K-1 and went K-3 route and were successful. Circumstances were very similar to mine where they have only met their fiance for a very short period of time. I seem some folks on this forum fight the system and it's taking them longer to get the interview again for K-1. By the time we get our K-3 interview we will have much, much more evidence to prove our relationship. Thanks for all the advices in this forum. Everyone has been very helpful and I'll probably still need much more from everyone. Thanks.

Hang in there Brother! You are not alone. Yes they will mail it all back to your love...

[dkalXuan 0]

Hang in there. dont give up the fight. consider calling your US Sen and US Congressman local office to help. ill keep a special thought for you

David and Xuan