HCM Consulate 221(g) pt 2.. a little long

[visafrompa 9]

Previous thread was locked?  I never got a chance to add anything.... what the what?  I guess there is a new rule that every post must be a question???

 

Anyways:

 

Previous K1 (Chinese woman) petition was withdrawn.  Met new woman.  I am not a 'lets date for 5 years' kinda guy.  Two trips, third one cancelled due to covid.  Tickets were paid for and everything.. then Vn locked everything down.  Talked every day, had virtual birthday parties  etc and did everything we could to stay close.

 

Since I withdrew the previous K1 petition there is no assumption of fraud or any bad motives.  This is from USCIS and the FAM.   For the woman in Vietnam I applied for a waiver and it was approved (I-129F approval implies waiver approval.  The waiver is just a letter explaining why I withdrew previous petitions and a statement that I am legally able to enter into a marriage.)  This is all 100% above board, and should not have triggered any red flags.  How and why are people assuming that following the law, to the letter, is a 'red flag'?

 

Going over my consulate packet and what the 221(g) asked for, the every base was covered.   The only things that I could not account for in the 221(g) were the documents that the Consulate wanted that were never listed anywhere.  That being the 'current address' and 'current phone number' of my ex spouse, and where she was born.  The current address, phone number and PROOF of residency for fiancee's ex.  That's actually a lot easier as the Ho Kau (sp?) book must be kept up to date. 

 

Since my answers must be in the form of a question: 

 

Has anyone else in Vn or elsewhere had the Consulate ask for information that was never listed.  I get they can ask for anything, but my I-134 listed my assets, and I had to submit proof of bank balances.  Yet they ask me to prove who paid for a $700 plane ticket?  I think I have that in the couch cushions.

 

If anyone wants to see it, I can post a sanitized version of the 221(g). 

 

Since the follow up is in 10 days hopefully AP won't take to long.  I'm not mad.  Maybe my fiancee didn't do well during the interview.  I'll try and get some more information about what they asked so other Vn folks can go in much better prepared.

 

 

 

 

 

[JasonGG 280]

The additional information provided in your follow up posting - specifically about them asking for proof of  who paid for your plane ticket - coupled with questions about ex-wife/fiance's contact information makes it fairly clear that they suspect fraud.  Requesting proof of who paid for tickets is fairly common whenever they suspect fraud, especially after several high-profile Vietnamese marriage fraud rings were discovered in the U.S. in recent years.  The U.S. consulate in VIetnam is "famous" for requesting documentation that is not included in the instructions.  There are many documents - including some that you appear to have front loaded - that are often mentioned in these forums, including a letter listing ex-spouses' addresses and contact information.  None of these are in any instructions.

 

As far as the consulate is concerned, they don't care about the waiver you provided to the USCIS.  The USCIS operates on formal paperwork to approve petitions, but decisions at the consulate stage can be based more on hunches and instinct.  In your case, they see a Chinese ex-wife, a withdrawn Chinese k1 petition, followed very soon after by another  k1 in Vietnam.  As you saw from your previous post, other VJ members expressed surprise/concern about that, so I would imagine those feelings were shared by the consulate officers who are paid to be skeptical about even the most straight-forward petitions.

 

All you can do is prepare everything they ask for and then some.  Also bring lots of photos, reciepts, text messages, social media screenshots, and anything else you have to prove you have a bonafide relationship.  Most K1 petitions are ultimately approved, some just have more hoops to jump through than others. 

 

Good luck to you and your fiance - Jason

[carmel34 3,646]

One question from the other thread, not yet answered, is concerning your fiancée's past US visa applications/history.  You weren't there for her first interview, so it may be difficult to figure out what the interviewing officer was concerned about.  Maybe have another honest conversation with her about her previous attempts to immigrate to the US and details of the interview.   @JasonGG has given you some very good advice.  Good luck!

[visafrompa 9]

On 1/4/2021 at 8:21 AM, JasonGG said:

The additional information provided in your follow up posting - specifically about them asking for proof of  who paid for your plane ticket - coupled with questions about ex-wife/fiance's contact information makes it fairly clear that they suspect fraud.  Requesting proof of who paid for tickets is fairly common whenever they suspect fraud, especially after several high-profile Vietnamese marriage fraud rings were discovered in the U.S. in recent years.  The U.S. consulate in VIetnam is "famous" for requesting documentation that is not included in the instructions.  There are many documents - including some that you appear to have front loaded - that are often mentioned in these forums, including a letter listing ex-spouses' addresses and contact information.  None of these are in any instructions.

 

As far as the consulate is concerned, they don't care about the waiver you provided to the USCIS.  The USCIS operates on formal paperwork to approve petitions, but decisions at the consulate stage can be based more on hunches and instinct.  In your case, they see a Chinese ex-wife, a withdrawn Chinese k1 petition, followed very soon after by another  k1 in Vietnam.  As you saw from your previous post, other VJ members expressed surprise/concern about that, so I would imagine those feelings were shared by the consulate officers who are paid to be skeptical about even the most straight-forward petitions.

 

All you can do is prepare everything they ask for and then some.  Also bring lots of photos, reciepts, text messages, social media screenshots, and anything else you have to prove you have a bonafide relationship.  Most K1 petitions are ultimately approved, some just have more hoops to jump through than others. 

 

Good luck to you and your fiance - Jason

 

I think my fiancee must have blown the interview.  Reading the blue slip over and over, it reads like they think I am in Vietnam, or that I am not a Born in the USA citizen, or that I live there... or something.

 

I mean they asked for a signed statement of my current address.   What?  Why?  The I-134 I submitted listed my current address, and they had a copy of the I-129F and all THAT information.  PLUS I sent in bank statements.  This is what I don't get.  USICS had to vette my information on some level.  As did NVC.  Yet Consulate calls me out for  my address????

 

The other issues (cc statements for plane tickets) ok, that's reasonable. 

 

But asking for PROOF of the current address and phone number of my ex?  They had the final divorce decree papers in the packet.  Who keeps up with their ex after a divorce? 

[visafrompa 9]

On 1/4/2021 at 10:42 AM, carmel34 said:

One question from the other thread, not yet answered, is concerning your fiancée's past US visa applications/history.  You weren't there for her first interview, so it may be difficult to figure out what the interviewing officer was concerned about.  Maybe have another honest conversation with her about her previous attempts to immigrate to the US and details of the interview.   @JasonGG has given you some very good advice.  Good luck!

She has never left Vietnam.  None of her family has left Vietnam.   She didn't have a passport until 2019 when I told her to get one.

 

Did she have a previous K1 done in her name?  Of coursed I asked this wwaaayyy back and she said she never talked to a foreigner until she met me.  I'll assume that she means that she spoke to people online, but no one visited her. 

[visafrompa 9]

Well, as far as convincing the CO of a legit relationship,  more photos?  The photos we submitted were money shots.  With family, with friends, engagement party, travel.  I sent money, I paid for online English lessons... all that was ignored.  Will a copy of the train tickets to Phan Theit really be the key to it all?  Will the fact that I actually bought the plane tickets after seeing my I-134 and a list of my assets really turn the tide in my favor?  Well, I hope so.

 

I'm not mad.  Just confused.  The process is not really a process if its up to the whims of some rando in an uncomfortable office chair.

Edited January 6, 2021 by visafrompa

[JasonGG 280]

I think lots of photos (including you with her, her family, and her child), screenshots, chats, etc.  You mentioned English lessons . . . how is her English now?  They may want to see chat logs to make sure you are communicating and understanding each other.  If they suspect her English skills are not good, that may be another reason for them to suspect marriage fraud.  I copy and pasted every text message into a Word document, sanitized it to remove personal information and printed it out by month.  We had clear plastic folders with 1000s of pages.  We brought them just for show, knowing they would never want to look at them.  However, the image of a couple standing in front of them with that much paper and 100s of photos can be much more convincing if the CO suspects fraud.

 

Along with plane tickets and boarding passes, include receipts, hotel reservations, and any other scrap of paper that shows you were together.  Absolutely send her with copies of your train tickets.  She should be prepared to talk about your trip to Phan Thiet and any other place you've been.  They want paper, so give them more than you think they want.  When the interview is over, your fiance can enjoy shredding it all, like we did!

 

 

[visafrompa 9]

Chat are all translated before she send them... so what I get is in all English.  She does not have the ability to save them, edit them, etc.

 

Problem is that the hotels don't really have 'branded' receipts.  They just use a receipt pad most of the time.  And because of Covid, I was only able to get in two trips, third one was cancelled (but I will include it now, if for nothing more than increase the page count).  

 

We'll see how it goes. Fiancee literally has every photo we took and every scrap of paper from our trips.  

 

Since I can't even get to Vn to marry her and start an CR1/IR1, this will be the last chance.  She knows this.  That was not a fun conversation but I cannot wait another 18-24 months and gamble that it will work out. 

 

Que the 'your a bad person' and 'you really don't love her' choir.

[JasonGG 280]

Probably just making you jump through a few extra hoops.  Sometimes they make you produce copies of the things they already have sitting on their desks.  Best of luck to your fiance next week.  Let us know what happens. - Jason

[visafrompa 9]

Fiancee is in the consulate now.. hope to hear something back in an hour or two.

 

 

[visafrompa 9]

K1 and K2 approved.

 

Fiancee was not asked any questions.  They just read over the papers (over 70 pages) and said the passports will be mailed.

 

K1 CEAC status set to REFUSED

K1 CEAC status set to READY

 

But both had 'Case last updated' dates of 1/11/2021

 

Basically for my Vietnam brothers and sisters... do what the Packet 3 says, and be ready to get asked for things that were never asked for.

 

My NOA1 was back in Dec 2019 so it took 13 months from start to finish.

 

I'd like to stay, but the mods on this board make this place unbearable, so the rest of you are on your own.

 

Chào

 

 

Edited January 11, 2021 by visafrompa

[craig5977 58]

Congratulations for passing and good luck in the future.

Craig

[JasonGG 280]

Congratulations!  The task of finding a flight out of Vietnam may prove as difficult as the interview, but I am sure your fiance is very relieved.  Best of luck to all of you - Jason

[NgoJake 0]

On 1/11/2021 at 12:27 AM, visafrompa said:

K1 and K2 approved.

 

Fiancee was not asked any questions.  They just read over the papers (over 70 pages) and said the passports will be mailed.

 

K1 CEAC status set to REFUSED

K1 CEAC status set to READY

 

But both had 'Case last updated' dates of 1/11/2021

 

Basically for my Vietnam brothers and sisters... do what the Packet 3 says, and be ready to get asked for things that were never asked for.

 

My NOA1 was back in Dec 2019 so it took 13 months from start to finish.

 

I'd like to stay, but the mods on this board make this place unbearable, so the rest of you are on your own.

 

Chào

 

 

[NgoJake 0]

Did they give your fiance a reciept or a record that her visa was approved after her 221 (g) appointment? My fiance said after her 221(g) meeting they guy came out and congratulated her and took her passport and told her to wait for passport/visa to be mailed.