K3 visa denied please help!!

[SalishSea 18,225]

12 minutes ago, JohnHjohn said:

Its been 3 months since the denial letter sent home saying the case has been revoked and sent back to the US.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

As mentioned, the choices are either filing an appeal, and hope that USCIS remands the petition to HCMC, or refile with a new petition.  Both options will require additional evidence, and since you've said that your life is in the US and you're unwilling or unable to move to VN, it will be an uphill battle.  I concur with the recommendation to enlist the services of an immigration attorney who is familiar with your consulate.

 

Were there other red flags, besides what you've mentioned?  Like how you originally met?  How much in-person time have you had?  Does she have family members in the US?

[JohnHjohn 0]

12 hours ago, JeanneAdil said:

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

First of all, I would like to thank you very much for your taking your time to write it in details.

 

Our age differences,  im 35 years older.

We got married in Vietnam.

I've had 3 trips to see her.

She went to the interview and was sent home with a letter requesting more documentation. All we had and submitted were pictures of the wedding ceremony. Pictures on trips togther. Marriage certificate , and they asked us to provide the names our our children, and passport stamps each time I visit. After submitting the required documentation. 2 months later, they called us on the phone and asked us a few questions in Vietnamese which I might answered wrong due to the lack of my Vietnamese. 1 question was is your wife's daughter married? I said yes because I thought they were legally married which they are not.  Then they asked how did you guys meet. I said the airport and we went to stay at the hotel after because my Vietnamese is very limited.

So do you think answering those questions wrong caused the denial shortly after or was it because of something else?

Edited October 7, 2020 by JohnHjohn

[JohnHjohn 0]

6 minutes ago, Jorgedig said:

As mentioned, the choices are either filing an appeal, and hope that USCIS remands the petition to HCMC, or refile with a new petition.  Both options will require additional evidence, and since you've said that your life is in the US and you're unwilling or unable to move to VN, it will be an uphill battle.  I concur with the recommendation to enlist the services of an immigration attorney who is familiar with your consulate.

 

Were there other red flags, besides what you've mentioned?  Like how you originally met?  How much in-person time have you had?  Does she have family members in the US?

Our age differences,  im 35 years older.

We got married in Vietnam.

I've had 3 trips to see her.

She doesn't have any relatives in the US.

 

She went to the interview and was sent home with a letter requesting more documentation. All we had and submitted were pictures of the wedding ceremony. Pictures on trips togther. Marriage certificate , and they asked us to provide the names of our children, and passport stamps each time I visited. After submitting the required documentation. 2 months later, they called us on the phone and asked us a few questions in Vietnamese which I might answered wrong due to the lack of my Vietnamese. 1 question was is your wife's daughter married? I said yes because I thought they were legally married which they are not.  Then they asked how did you guys meet. I said the airport and we went to stay at the hotel after. I thought she asked me where did you guys go after my wife picked me up at the airport because my Vietnamese is very limited.

So do you think answering those questions wrong caused the denial shortly after or was it because of something else?

Edited October 7, 2020 by JohnHjohn

[payxibka 10,047]

Doing your part of the interview in vietnamese was an error on your part.  

Edited October 7, 2020 by payxibka

[SalishSea 18,225]

4 minutes ago, JohnHjohn said:

Our age differences,  im 35 years older.

We got married in Vietnam.

I've had 3 trips to see her.

She doesn't have any relatives in the US.

 

She went to the interview and was sent home with a letter requesting more documentation. All we had and submitted were pictures of the wedding ceremony. Pictures on trips togther. Marriage certificate , and they asked us to provide the names our our children, and passport stamps each time I visit. After submitting the required documentation. 2 months later, they called us on the phone and asked us a few questions in Vietnamese which I might answered wrong due to the lack of my Vietnamese. 1 question was is your wife's daughter married? I said yes because I thought they were legally married which they are not.  Then they asked how did you guys meet. I said the airport and we went to stay at the hotel after because my Vietnamese is very limited.

So do you think answering those questions wrong caused the denial shortly after or was it because of something else?

The denial was a result of the totality of the circumstances, and lack of bonafide marriage evidence.  The fact that they called you though is an indication that they already suspected marriage fraud, so I wouldn't focus too much on your answers or the language.

 

Are you ethnically Vietnamese by chance?  35 years is quite an age difference for any culture.  They may suspect she is looking for a green card marriage....      For how long were you in touch (I assume you met online?) before marrying?

Edited October 7, 2020 by Jorgedig

[pushbrk 13,176]

7 minutes ago, Jorgedig said:

As mentioned, the choices are either filing an appeal, and hope that USCIS remands the petition to HCMC, or refile with a new petition.  Both options will require additional evidence, and since you've said that your life is in the US and you're unwilling or unable to move to VN, it will be an uphill battle.  I concur with the recommendation to enlist the services of an immigration attorney who is familiar with your consulate.

 

Were there other red flags, besides what you've mentioned?  Like how you originally met?  How much in-person time have you had?  Does she have family members in the US?

"Appeal" is not correct at this stage.  In a few months the petitioner will receive from USCIS a Notice of Intent to Revoke, NOIR.  At that time, the petitioner can submit evidence to try to convince USCIS to reaffirm the petition approval.  If reaffirmed, there will be a second interview.  If not, then the petition approval will be revoked and the couple can decide whether to start again.

[JohnHjohn 0]

1 minute ago, Jorgedig said:

The denial was a result of the totality of the circumstances, and lack of bonafide marriage evidence.  The fact that they called you though is an indication that they already suspected marriage fraud, so I wouldn't focus too much on your answers or the language.

 

Are you ethnically Vietnamese by chance?  35 years is quite an age difference for any culture.  They may suspect she is looking for a green card marriage.....

I was borned in vietnam and came to the US when I was young.

 

What should I do now to overcome this? 

[payxibka 10,047]

3 minutes ago, Jorgedig said:

35 years is quite an age difference for any culture.  They may suspect she is looking for a green card marriage.....

Careful now, you are making sweeping generalizations and hitting a bit close to home

Edited October 7, 2020 by payxibka

[payxibka 10,047]

1 minute ago, JohnHjohn said:

I was borned in vietnam and came to the US when I was young.

 

What should I do now to overcome this? 

As has been mentioned several times.  Wait until you get a letter from the USCIS

[Boiler 46,276]

56 minutes ago, Jorgedig said:

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

This

[Just Paul 4,595]

4 minutes ago, JohnHjohn said:

I was borned in vietnam and came to the US when I was young.

 

What should I do now to overcome this? 

Well all you need to be is a US Citizen to file for a spousal visa.  The age gap and 3 trips is a red flag.  Did you have any financial commingling, tax returns, wills or solid evidence that this was a marriage entered into good faith and not so she would get a green card.  Doing your "interview" in a language you are not fluent in also shows you were very under prepared for the call.  

 

Find an attorney, visit her more, study and learn the process, get your stuff together and then respond to the NOIR.  It isn't going to be fast or cheap.  You blew your first try.

[JohnHjohn 0]

40 minutes ago, payxibka said:

As has been mentioned several times.  Wait until you get a letter from the USCIS

The letter NOIR from USCIS will state in details the reason for the denial and what i need to do? Also how long it usually takes to get that letter? Its been 3 months after the denial.

Edited October 7, 2020 by JohnHjohn

[pushbrk 13,176]

1 hour ago, JohnHjohn said:

The letter NOIR from USCIS will state in details the reason for the denial and what i need to do? Also how long it usually takes to get that letter? Its been 3 months after the denial.

It will give you more information about the reason for the denial, but not necessarily details.  "What to do" depends on what CAN be done.  What CAN be done depends on your actual circumstances.    

 

You need professional help.  Visajourney has a partner page for a reason.  https://www.visajourney.com/partners/

[JeanneAdil 6,698]

16 hours ago, JohnHjohn said:

The letter NOIR from USCIS will state in details the reason for the denial and what i need to do? Also how long it usually takes to get that letter? Its been 3 months after the denial.

Even in the best of times the NOIR/NOID took 6 months to come back to the USC

If you were raised in a Vietnamese family,  there was every reason for them to believe you could speak the language enough for an interview and if not,  you should have told the CO

and that letter will tell you to reply like you would do for a RFE or it requires an appeal

 

the age difference was an issue and can only be overcome by spending as much time as possible with her

they should not state age is a problem in a NOIR as they can not discriminate about age or religion or sex according to 1964 Title VI 

[JasonGG 280]

18 hours ago, JohnHjohn said:

First of all, I would like to thank you very much for your taking your time to write it in details.

 

Our age differences,  im 35 years older.

We got married in Vietnam.

I've had 3 trips to see her.

She went to the interview and was sent home with a letter requesting more documentation. All we had and submitted were pictures of the wedding ceremony. Pictures on trips togther. Marriage certificate , and they asked us to provide the names our our children, and passport stamps each time I visit. After submitting the required documentation. 2 months later, they called us on the phone and asked us a few questions in Vietnamese which I might answered wrong due to the lack of my Vietnamese. 1 question was is your wife's daughter married? I said yes because I thought they were legally married which they are not.  Then they asked how did you guys meet. I said the airport and we went to stay at the hotel after because my Vietnamese is very limited.

So do you think answering those questions wrong caused the denial shortly after or was it because of something else?

I think what happened is that by attempting to conduct your interview in Vietnamese you misspoke and made the interviewer suspicious.  Your English explanations are a bit confusing, so I think your Vietnamese responses were even more so.  For example, you say that in response to the question, "How did you meet?" you told the interviewer that you met at the airport and then went to a hotel together.  That is definitely NOT what a consulate officer wants to hear if they are questioning the credibility of your marriage.  Although you physically met each other at the airport, the consulate was asking, "How did you begin communicating with this woman?" If I understand your responses in this thread correctly, you should have replied that you met online, spoke every day for ## months by phone/facetime/email/text, and then arranged your physical meeting.  The Vietnamese consulate really likes a written timeline of the relationship.  It sounds like they were trying to construct one for you during the telephone interview (and compare it to your wife's interview) and you bungled the attempt badly due to trying to respond in a language you are not entirely comfortable with. 

 

The 35-year age difference is not necessarily a red flag depending on your ages, especially in Vietnam or other Asian countries.

 

As previously stated, you need to wait for that intent to deny letter arrives.  No one can really say how long that will take given how backlogged USCIS and the consulates are right now.  You can fight it with the help of an attorney or wait for the denial and apply again.  Study the Vietnam forum on this website.  There are many Vietnam-specific documents that can be added to your application.  Given your situation, you should begin preparing this information now for your attorney or to front load you next application.