K3 visa denied please help!!

[payxibka 10,047]

Just now, JohnHjohn said:

Whats his website?

Google is your friend..  marcellislaw.com

[SalishSea 18,225]

9 minutes ago, JohnHjohn said:

My life and future is in the US. I want to bring my wife here. I would love to know if anyone has been through the same situation like me with denial letter and then overcome it in the end.

I get that.  But her visa was denied because they do not believe that your marriage is legit.  To overcome this, you may have to make compromises in order to spend more time together in person.  Time spent together in person is critical.  No lawyer can wave a magic wand to get you a visa.  

 

It will not be cheap, or fast.

[PaulaCJohnny 713]

1 hour ago, JohnHjohn said:

Please help,

 

I filed k3 application to bring my wife from Vietnam to the US. My wife went to the interview at the embassy in Vietnam and was told to submit more documents. 2 months later,  they called my wife and I on the phone at the same time to do the interview. A week later my wife received  a denial letter saying they don't believe our relationship is real. I guess I answered one of the questions wrong because I misunderstood the question and I'm not that influenced in Vietnamese.  Now with a denial letter for k3, what should  I do now? Anyone been in my situation before? Please help me

 

 

Can you please tell us more about your case? Any red flags? When you filled?  Age gap? Etc. Maybe we can tell you if something was really wrong or

[Boiler 46,276]

Knowing nothing about your case it is really impossible fopr anyone to make a sensible comment. Usually there are fairly obvious reasons.

[Orangesapples 1,954]

As far as I know know, your petition will be sent to USCIS and they will send you notice of the intent to deny. Then you'll have to respond to that notice. There are several members on here who have dealt with this. I can't remember their names, hopefully someone will tag them. 

[Just Paul 4,595]

You, and with the help of your attorney, will need to respond quickly once the NOID is received from USCIS.  It would appear that you didn't spend sufficient time with her and didn't commingle your finances.  Spousal visas are normally pretty straight forward.  With you referencing a K3 it sounds like you didn't prepare very well.   

 

Worse case is that you will spend more time with your wife and refile once you have a better case.

[Crazy Cat 42,563]

9 hours ago, JohnHjohn said:

Am I running out of hopes? Is there any chances for us to get  the visa? What needs to be done?

The best, and only cure for doubt about a relationship is a LOT of time spent together.  An immigration attorney might be able to help you rebut this, but it will be costly and very time consuming.  It will likely be months before you even receive the letter with the details.  In the meantime, you should spend as much time together as possible.  Good luck.

Edited October 6, 2020 by Lucky Cat

[JeanneAdil 6,701]

Many of us have gone thru this

Under Normal times the petition after being sent back takes about 6 months before you receive a NOIR or NOID/  who knows now how long it will be before you get that

The NOIR/NOID will state the issues that came up for the CO to think the relationship was not bona fida

If you have proof otherwise ,  like proof of several visits together, for example, you will submit that proof to overcome the issue(s)

you must respond to each and every issue the CO has stated in his document with REAL proof that it is not the case

 

Is there a big age difference?

difference of religions?

have you had other visa requests?

Where did you marry?

Was the marriage documented?

Did you spend time after marriage to consummate the union?

How many trips to see her?

 

You do not need a lawyer at this point as you have no information to give one to respond to the NOIR/NOID / and there is nothing he/she can do till the NOIR/NOID comes

When you get that document , read it over and then , when seeing the CO issue(s),  you can either respond to try to overcome it and /or spend more time together and reapply (addressing these issues with the new application)

 

I overcame mine without a lawyer / actually  i had a lawyer for the application and he was the one who caused some problems so i did my own appeal and my husband is here and a citizen now

Good luck to you

Edited October 6, 2020 by JeanneAdil

[Liam2021 587]

Well, this will be a specific country thing( Vietnam). From my experience, few questions you need to answer:

1. How do you know each other?

2. How many time you visit your VN spouse?

3. Any wedding in VN?

4. Do you speak same language?

 

[JFH 12,191]

You need to fix what is broken before you do anything else, otherwise the result will not change. You need to take a good look at the situation from the eyes of a stranger. Why would someone think your relationship is not genuine? These are some common reasons for such denials:

 

- large age gap

- language difficulties where neither of you speaks the same language as the other, thus making communication very complicated 

- lack of quality time spent together/getting married on the first visit/getting married after a short online or long-distance relationship 

- getting married very quickly after the beneficiary’s divorce  

- the US citizen has previously brought other spouses into the country and then divorced them soon after their arrival

- the relationship was set-up by family members to gain immigration benefit

- the beneficiary has a history of various attempts at getting into the US and appears to be doing “whatever it takes” just to get here

- family and friends unaware of the relationship 

- unable to answer questions about the timeline of the relationship confidently 

- unable to answer questions about each other’s family and living arrangements with confidence (I saw a thread here once where a person was denied as they could not tell the interviewing officer the name of the state where the spouse lived, the name of the company they worked for and how many children they had - very strange for a person not to even know where their spouse even lives). 
 

This is not an exhaustive list. 

Each one of the above on their own may not necessarily be enough for a denial. But a combination of several of the above puts you on shaky ground. 

 

 

[carmel34 3,661]

12 hours ago, JohnHjohn said:

they don't believe our relationship is real.

Whether you file an appeal or a new I-130 petition, you will need to overcome this concern that your marriage is not bona fide, by spending more time together, in person, as many visits as you can make, for as long as possible, and document everything with passport stamps, hotel receipts, original boarding passes, and a few photos together.  Co-mingle finances more, as much as you can living in separate countries, with joint credit card statements, add your wife to your health insurance, dental insurance, vision insurance, make her the beneficiary on your life insurance, retirement accounts, bank account.  File your US tax return as married filing jointly with a W-7 for her.  Do a will, living will, and power of attorney.  Do all of the above and gather documentation to show what you have done, then submit all this evidence either to appeal the denial, or with a new I-130.  You can overcome the denial and eventually get a visa for her but it will take time, money, and lots of patience.  Good luck!

Edited October 6, 2020 by carmel34

[JasonGG 280]

What evidence of a bona fide relationship did you provide to begin with?  You may have been denied simply for not providing enough evidence when you filed.  For Vietnam, many people either front load and/or bring lots of paperwork to the interview to prove a bona fide relationship.  Since you mentioned that you both had telephone interviews, you didn't get the chance to provide additional evidence in person.  In hindsight, the content of the initial filing is even more important.

 

@payxibka mentioned Marc Ellis.  He is frequently mentioned for immigration issues in Vietnam and he has (or had) an office in Ho Chi Minh City.  I also heard he retired, but I think others continue working from at that office.  The website appears to have been last updated in 2010, but you can try the contact info at http://www.marcellislaw.com/contact.html.

 

 

Edited October 6, 2020 by JasonGG

[JohnHjohn 0]

4 hours ago, JasonGG said:

Thank you so much. My wife submitted wedding pictures and pictures we went places together a few time I was there. I did not have what you mentioned above.

My wife submitted additional documents after the interview. 2 months later, they called both of us on the phone and asked me 2 questions that I didn't answer right. The first question , was my wife's daughter married, i said yes, I didn't know she was not legally married. She claimed her bf as her husband. Second question was how did we meet? I answered that one wrong because I didn't understood the question due to my lack of Vietnamese. After that phone interview came a denial letter shortly after.

 

 

What evidence of a bona fide relationship did you provide to begin with?  You may have been denied simply for not providing enough evidence when you filed.  For Vietnam, many people either front load and/or bring lots of paperwork to the interview to prove a bona fide relationship.  Since you mentioned that you both had telephone interviews, you didn't get the chance to provide additional evidence in person.  In hindsight, the content of the initial filing is even more important.

 

@payxibka 

 

 

 

 

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Edited October 7, 2020 by JohnHjohn

[SalishSea 18,225]

34 minutes ago, JohnHjohn said:

 

 

 

 

You will need to spend more time together, and get to know each other better.  

[JohnHjohn 0]

25 minutes ago, Jorgedig said:

You will need to spend more time together, and get to know each other better.  

Its been 3 months since the denial letter sent home saying the case has been revoked and sent back to the US. What should I do now?