K1 Visa Rejected Due to Lack of Evidence of Relationship (Vietnam)

[daniel_and_lily 45]

After waiting since April due to covid, my fiance finally had her interview today and was rejected. We have met 5 times prior to covid and haven't been able to be together for over 1.5 years due to covid. The interviewer said they did not have time to look over the paperwork, and in the same breath told my fiance that she didn't bring enough evidence to support our case that we have a "bona fide relationship". It's very very unclear to me how we can provide more evidence supporting our relationship when the time wasn't taken to review the material that we brought in the first place. How can we have any chance to win on this?  They asked her if I was present (which clearly I was not) and it's not possible to go to Vietnam currently because they're still closed from covid. That seems like a really stupid question to even ask her since they've been closed since March 2020. 

[powerpuff 6,714]

~ Moved from K1 P&P to K1 Case Filing & Progress Reports ~

[SalishSea 17,857]

27 minutes ago, daniel_and_lily said:

After waiting since April due to covid, my fiance finally had her interview today and was rejected. We have met 5 times prior to covid and haven't been able to be together for over 1.5 years due to covid. The interviewer said they did not have time to look over the paperwork, and in the same breath told my fiance that she didn't bring enough evidence to support our case that we have a "bona fide relationship". It's very very unclear to me how we can provide more evidence supporting our relationship when the time wasn't taken to review the material that we brought in the first place. How can we have any chance to win on this?  They asked her if I was present (which clearly I was not) and it's not possible to go to Vietnam currently because they're still closed from covid. That seems like a really stupid question to even ask her since they've been closed since March 2020. 

They are not required to consider additional evidence brought to the interview.  That is why, for high fraud consulates, "front-loading" petitions is considered critical.

 

The inability to visit each other due to COVID is not something they would take into consideration.  They would say that you could have visited each other in a third country.

 

At this point, I would say you're better off just trying to marry in a third country and filing for a spousal visa.

 

I'll tag a senior VJ member who has a lot of firsthand knowledge about the HCMC consulate:  @aaron2020

 

Best of luck.

[Scandi 4,166]

36 minutes ago, daniel_and_lily said:

After waiting since April due to covid, my fiance finally had her interview today and was rejected. We have met 5 times prior to covid and haven't been able to be together for over 1.5 years due to covid. The interviewer said they did not have time to look over the paperwork, and in the same breath told my fiance that she didn't bring enough evidence to support our case that we have a "bona fide relationship". It's very very unclear to me how we can provide more evidence supporting our relationship when the time wasn't taken to review the material that we brought in the first place. How can we have any chance to win on this?  They asked her if I was present (which clearly I was not) and it's not possible to go to Vietnam currently because they're still closed from covid. That seems like a really stupid question to even ask her since they've been closed since March 2020. 

Most applications get "refused" after the interview since they need to go through administrative processing. Did they give back her passport or did they keep it? I assume a blue form means they're requesting more evidence, so your fiance should definitely send the embassy everything she has. The status will be "refused" until the embassy receives what they need to make a decision. 

[SalishSea 17,857]

13 minutes ago, Scandi said:

Most applications get "refused" after the interview since they need to go through administrative processing. Did they give back her passport or did they keep it? I assume a blue form means they're requesting more evidence, so your fiance should definitely send the embassy everything she has. The status will be "refused" until the embassy receives what they need to make a decision. 

From the OP, it sounds much more like a hard denial than an AP type of refusal....

[daniel_and_lily 45]

34 minutes ago, Jorgedig said:

From the OP, it sounds much more like a hard denial than an AP type of refusal....

The blue paper is a request for more evidence. It's not as dire as a hard denial but I saw the stacks and stacks of paper she put together for the interview. She was up until 4am every night for days putting this together. She is gutted. 

[Scandi 4,166]

2 minutes ago, daniel_and_lily said:

The blue paper is a request for more evidence. It's not as dire as a hard denial but I saw the stacks and stacks of paper she put together for the interview. She was up until 4am every night for days putting this together. She is gutted. 

Yeah it's normal for first time applicants to take something like this much harder than it actually is. I was like that too, then after a few immigration processes (K1, AOS, ROC etc) it makes you realize things aren't as bad as you first thought. 

 

They're asking for more evidence so you basically need to scramble and collect every little thing you can possibly think of and send it to them. That's all you can do at this point. Many applicants get an request for documents after the interview, it's perfectly normal (happened to me too). 

[daniel_and_lily 45]

3 hours ago, Scandi said:

They're asking for more evidence so you basically need to scramble and collect every little thing you can possibly think of and send it to them.

To me the really frustrating thing is them saying she didn't bring enough evidence when they didn't even look through what she brought.

Edited November 19, 2021 by daniel_and_lily

[Scandi 4,166]

5 minutes ago, daniel_and_lily said:

To me the really frustrating thing is them saying she didn't bring enough evidence when they didn't even look through what she brought.

Did they at least keep what she brought? If so, they may look at it later on, and maybe they do feel it's enough when they do. 

 

If they didn't keep it, send it in. Everything you can think of.

 

This is far from the first story on this forum regarding awkward or even horrible consulate officer experiences, from what I have seen of your post in this thread this particular situation wasn't that bad. Just give them what they asked for and things will likely be fine. 

[Mike E 11,739]

Did her evidence include recently (e.g. from the last week) signed and dated statements from each of you saying you intent to marry within 90 days of her entering the USA?

[SalishSea 17,857]

12 hours ago, daniel_and_lily said:

The blue paper is a request for more evidence. It's not as dire as a hard denial but I saw the stacks and stacks of paper she put together for the interview. She was up until 4am every night for days putting this together. She is gutted. 

So what evidence did they ask for?  If their issue is that you haven't seen each other in a year and a half, that will be difficult to overcome.

[Rocio0010 5,579]

Hi there! I don't have first hand experience with K1s, but I have been in this forum long enough to tell you that a RFE is not as bad as it looks. They are giving you another chance to prove that your relationship is a bona fide one. I understand that you're frustrated because they haven't looked at the evidence you prepared -that sucks! However, focus on what the RFE says and what you CAN produce. Take a deep breath, try to calm down, read the RFE over and over again and start brainstorming. Maybe you can even post the letter here (blur personal identifying info) and maybe we can give you suggestions!

[daniel_and_lily 45]

57 minutes ago, Jorgedig said:

So what evidence did they ask for?  If their issue is that you haven't seen each other in a year and a half, that will be difficult to overcome.

I think she said something like more pictures of us together or something. But I don't think that can have been all.

 

Turns out they also asked her for my divorce papers from my previous marriage (this came up after I posted this in discussion). This was listed as one of the items in Packet3k that she was supposed to bring, but did not. 

When I contacted their office via their form, they also linked me to https://www.ustraveldocs.com/vn/vn-iv-221ginfo.asp

 

It should be noted that one of the most frustrating aspect is their first come, first serve system for booking an appointment. It's near impossible to actually book an appointment. There's literally a bunch of women who sit refreshing their screen every few minutes ALL DAY in order to book an appointment. However, there's never a set schedule for when new appointment slots are available, it can be any time around the clock. We had been trying since April to be able to book this appointment.

 

28 minutes ago, ra0010 said:

Hi there! I don't have first hand experience with K1s, but I have been in this forum long enough to tell you that a RFE is not as bad as it looks. They are giving you another chance to prove that your relationship is a bona fide one. I understand that you're frustrated because they haven't looked at the evidence you prepared -that sucks! However, focus on what the RFE says and what you CAN produce. Take a deep breath, try to calm down, read the RFE over and over again and start brainstorming. Maybe you can even post the letter here (blur personal identifying info) and maybe we can give you suggestions!

 

Thank you. Attaching blue as you suggest.

Edited November 19, 2021 by daniel_and_lily
respond to quote

[Mike E 11,739]

Yes not having the original divorce certificate is dangerous.  We had it for the K-1 interview and were not asked for it.  We had it at the I-485 interview and were asked.  

[SalishSea 17,857]

Since the entire K-1 visa eligibility rests on both parties being legally able and willing to marry, certified copies of divorce decrees and updated statements of intent to marry should always be brought to visa interviews.