July interview wave in US consulate HCMC

[poppscc 0]

I spoke to a lawyer and he said the wedding is fine as long as I dont address it as a wedding. I will get a second opinion tomorrow.

btw, my communications evidence is very solid. average of $200 spent on phone bills monthly, with invoices, detailed call logs, even bank statements showing when each card phone card/credit was purchased. Along with hundreds of emails, pages of skype phone logs, yahoo chat logs, ect. They only took one item, and that was my bank transactions with the phone purchases highlighted. I've done legal paperwork before and have experience with paperwork, they just didnt look at my stuff for whatever reason. I'm not worried about my evidence, I'm worried about the consulate not bothered to do their work.

I will provide additional plane tickets purchased in june, my son's custody papers, and recommendations from the church that we have taken marriage courses and have a future date for marriage.

[Vietnam07 0]

We all hope for best for you. Good luck...

I spoke to a lawyer and he said the wedding is fine as long as I dont address it as a wedding. I will get a second opinion tomorrow.

btw, my communications evidence is very solid. average of $200 spent on phone bills monthly, with invoices, detailed call logs, even bank statements showing when each card phone card/credit was purchased. Along with hundreds of emails, pages of skype phone logs, yahoo chat logs, ect. They only took one item, and that was my bank transactions with the phone purchases highlighted. I've done legal paperwork before and have experience with paperwork, they just didnt look at my stuff for whatever reason. I'm not worried about my evidence, I'm worried about the consulate not bothered to do their work.

I will provide additional plane tickets purchased in june, my son's custody papers, and recommendations from the church that we have taken marriage courses and have a future date for marriage.

[poppscc 0]

I have a little theory that might sound a little crazy:

I think the consulate is deliberately stalling in order to stiff me with the higher fees that go into effect at the end of the month.

[Anh map 2,098]

OK, here's my 2 cents....

It's not a "plan" to get more fees. You need to move past any conspiracy theories, they will only weigh you down and keep your thoughts away from THE BIG PICTURE. As many here have said, keep your focus on the big picture which is getting your girl here to the US.

Experience with legal documents is not the same as experience with this part of life. Get yourself in the mindset of the USCIS and specifically how things at the HCMC consulate work. You need to prove beyond any doubt that you two are legit. With the family ties (your aunt) that you disclosed (bravo btw) you must show even more that it is true between the two of you. The work they did was to form an opinion based on what you gave them, and how your fiance responded in the interview. A history of fraud through HCMC means there is a lot more work that needs to be done by those of us in the K-1 visa world.

In our case we needed to show evidence of my ex wife's residence and that I had nothing to do with her. That was our blue slip. And I do not have any children. I assume that your fiance was well versed in all the details of your ex and child. If she was unclear about that part of your life that could have been a huge red flag.

They really want to know that all ties to others are severed. None of my business, and not passing judgement, did I read correctly that you and your ex were never married? If so, a consular officer could see your situation as potential fraud. You helping a member of your aunt's extended family As best you can give them evidence that you and your son's mom have separate lives. And it has to be documented as there is no second interview. It's all paper now. An afidavit from your ex as to the state of your relationship could not hurt. Just blow them away with suporting documents that address their specific concerns.

I also agree about keeping the marriage talk (to the consualte) to a minimum. Why open the door to them possibly telling you to start over again on the K-3.

Best of luck!! You've tapped into a goldmine of information here on VJ. The folks here in this forum will see you through to a happy landing at a US POE.

[poppscc 0]

I never knew I had to do an affidavit for my ex, but I did make one up earlier today, now to find someone to sign it, or maybe do it myself, since my ex is travelling in vietnam for the next few weeks. Hopefully custody papers (suit, countersuit, and judgement) are convincing as well, since they do state her address and it is signed by the both of us and notarized

[chuckandkim 0]

Anh Map, you took my speech!!! The BIG PICTURE speech!!!!

Ok all joke aside, like Anh Map and Dale have spoken, POPSSCC you are in serious and dangerous situation. Reading your case, and taking a lot of assumption into account, I smell "something not right"!!!! (Hold, don't hate me, I'm trying to play the devil's advocate!!!!)

1. Thuy's uncle (her mom or dad's brother = BLOOD relative) married to your aunt (another blood relative) = RED FLAG

2. Big gap in your relationship from the initial meeting. So big that you had enough time to had a child with someone else. But now you two want to get married and bring her to America.

3. Don't really care if the first two items didn't pass the smell test. What the point of looking your phone bills and chat logs. Could be doctored up, easily!

4. Until he can show me his aunt's husband (the fiancé's uncle) didn't have anything to do with this deal, which I think he does (see 2. above), then I'll see what I can do.

5. You must work on your "story-telling" skill a bit more, more convincing and don't try to undermined or underestimate my ability to investigate your family's background, who married who, who married who to come to America before your case show up at HCMC. Remember this, I can have my Vietnamese agents go to your fiancé's local police and neighborhood and get some answers from the jealous neighbors who live next to her home. Who would and could tell me lies about you and her, which I might believe to be the truth and that's how your case get BLUE!!!

Done! Signed: HCMC Don't-wanna-be Consulate Officer

OK, that's what I think and it is not entirely true and could be totally wrong or insensitive to your feeling at this point, but forget all that feeling craps, just stay focus and overcome this hurtle. Key here: how to tell a convincing LOVE story which you and her should be able to tell it without taking too many breathes. About the "wedding", I don't think and never thought it's a problem! You can get married by a priest and by your church, you can even have a HUGE freaking wedding ceremony and reception afterward if you so choosing. And still didn't get the Marriage Certificate/License from the Vietnamese Officials, you two are still SINGLE and qualified for K-1. Remember, you're dealing with the LEGAL system here! Use it wisely!

Thanh and Vietnam07: big disagree with you two. Traditionally, the only way for a girl to leave her family to enter a marriage life would require her to have the "engagement" and "wedding" before she can leave her father's house. HCMC understands that more than you and I, this is nothing new to them where Vietnamese girls have a wedding ceremony/reception before she leaves her family/country to come to America with her US Citizen husband/future-husband. For two reasons: Time and Money.

1. Don't have time to have both engagement party and wedding when the only "wedding" the legal system in the US will recognize is the wedding/marriage that registered in America for K-1 Visa Holder.

2. Why spend money to have two events which mean the same thing to most Vietnamese in Vietnam, when it comes to Vietnamese girls who marry Viet-Kieu and USC. One is good enough and generally understood "it's also her wedding for the Vietnamese relatives who will not be able to attend the wedding in America"

You can argue "but people say don't talk about it", well, just stick with this "we have an engagement ceremony, and she likes to dress in her wedding dress, there is NO laws/rules on what the lucky girl must wear at this ceremony/party" The end!

Hope you see my point! Bottom line here is popsscc needs to get moving fast on gathering MORE support evidence to convince HCMC.

Good luck and be focus.

Edited July 13, 2007 by chuckandkim

[poppscc 0]

^^ your advice is much appreciated (no offense taken, I know how my case looks... not good). I know my case will be very difficult because when I went back to VN to get engaged, my cousin came back with me (evidence provided in case), and she has the same last name as my fiance

it was a blunder, but what's done is done. The basically pry'd my fiance and I told her to be honest if they get that info from her (we were prepared for the worst case scenario, which happened). We were ready to acknowledge that factor and she did, but we were unprepared about my ex-girlfriend, even though my fiance knows the situation like the back of her hand. I've been upfront about everything to my fiance, because after all, we're getting married

I've got Marc ellis' contact information and I'll keep updated. I know my case will be difficult to prove, and if not settled by the time I arrive, I will personally go to the consulate and demand for my case to be heard.

[chuckandkim 0]

Sound good to me!

[Vietnam07 0]

Your stories has a lot of red flags, I guess you can understand why they gave you the blue slip. THe US embasssy in Vietnam as I have heard stories that they can be very strict on relative taking relative. They do research a lot. I don't think it a money issue with them. I think at this point it is best you understand their laws and try to obey it and be sincere. Work on trying to get this issue resolve first before making plans on marry. You can get marry anytime anywhere. Fix the flat before you drive..

Good luck.

Anh Map, you took my speech!!! The BIG PICTURE speech!!!!

Ok all joke aside, like Anh Map and Dale have spoken, POPSSCC you are in serious and dangerous situation. Reading your case, and taking a lot of assumption into account, I smell "something not right"!!!! (Hold, don't hate me, I'm trying to play the devil's advocate!!!!)

1. Thuy's uncle (her mom or dad's brother = BLOOD relative) married to your aunt (another blood relative) = RED FLAG

2. Big gap in your relationship from the initial meeting. So big that you had enough time to had a child with someone else. But now you two want to get married and bring her to America.

3. Don't really care if the first two items didn't pass the smell test. What the point of looking your phone bills and chat logs. Could be doctored up, easily!

4. Until he can show me his aunt's husband (the fiancé's uncle) didn't have anything to do with this deal, which I think he does (see 2. above), then I'll see what I can do.

5. You must work on your "story-telling" skill a bit more, more convincing and don't try to undermined or underestimate my ability to investigate your family's background, who married who, who married who to come to America before your case show up at HCMC. Remember this, I can have my Vietnamese agents go to your fiancé's local police and neighborhood and get some answers from the jealous neighbors who live next to her home. Who would and could tell me lies about you and her, which I might believe to be the truth and that's how your case get BLUE!!!

Done! Signed: HCMC Don't-wanna-be Consulate Officer

OK, that's what I think and it is not entirely true and could be totally wrong or insensitive to your feeling at this point, but forget all that feeling craps, just stay focus and overcome this hurtle. Key here: how to tell a convincing LOVE story which you and her should be able to tell it without taking too many breathes. About the "wedding", I don't think and never thought it's a problem! You can get married by a priest and by your church, you can even have a HUGE freaking wedding ceremony and reception afterward if you so choosing. And still didn't get the Marriage Certificate/License from the Vietnamese Officials, you two are still SINGLE and qualified for K-1. Remember, you're dealing with the LEGAL system here! Use it wisely!

Thanh and Vietnam07: big disagree with you two. Traditionally, the only way for a girl to leave her family to enter a marriage life would require her to have the "engagement" and "wedding" before she can leave her father's house. HCMC understands that more than you and I, this is nothing new to them where Vietnamese girls have a wedding ceremony/reception before she leaves her family/country to come to America with her US Citizen husband/future-husband. For two reasons: Time and Money.

1. Don't have time to have both engagement party and wedding when the only "wedding" the legal system in the US will recognize is the wedding/marriage that registered in America for K-1 Visa Holder.

2. Why spend money to have two events which mean the same thing to most Vietnamese in Vietnam, when it comes to Vietnamese girls who marry Viet-Kieu and USC. One is good enough and generally understood "it's also her wedding for the Vietnamese relatives who will not be able to attend the wedding in America"

You can argue "but people say don't talk about it", well, just stick with this "we have an engagement ceremony, and she likes to dress in her wedding dress, there is NO laws/rules on what the lucky girl must wear at this ceremony/party" The end!

Hope you see my point! Bottom line here is popsscc needs to get moving fast on gathering MORE support evidence to convince HCMC.

Good luck and be focus.

[Vietnam07 0]

Mr.Chuckandkim you couldn't say it any better than that. Thumbs up for you...

Sound good to me!

[sealedkiss 1]

poppscc, having the same last name is common - it won't make or break your case. My mother and my SO's father have the same last name. It's written in black and white in all the forms. The USCIS adjudicator and the CO in HCMC must have seen it (as in, deliberately checked it). I still think your meetings are too few and too short. From there, so they can pick at anything to judge your relationship. What happened before 6 years ago does not count much (in fact we've heard cases where it may even count against you). So you had only one personal meeting for about 1+ week. And the engagement ceremony took place right at this time. The fact that your relatives are married doesn't help either.

Hence you need something else. So although "wedding" and "K1" are sensitive issues, I think in this case the OP needs more evidence to support his case. This is a fresh load of evidence to show, especially with many family members attending. Heck, if it was me, I would not care if they told me to start over with K3. I'm getting married, deal with it. K3 takes 8-9 months. And this time I have one more trip (with the company of family members), all the wedding stuff, and 8-9 more months worth of other evidence.

If I remember correctly, Kevin&Loan also had only one personal meeting before their interview. He anticipated it as problematic, and sure enough there was a lot of diligent fighting to bring her here.

[Anh map 2,098]

poppscc, don't fight the system, work it to the max.

Marching in there (if they let you in) and telling them that they are not treating you fairly would not be the first time. These CO's are hardened and have heard it all.

Listen to the wise advice ( that got me through the rough waters ) THINK BIG PICTURE. You know the holes in your case, now fill them in and get your gal over here!!!

[STL_HCMC 0]

"Think BIG picture" -- now this is true! There is some time trusted advice shared through this forum and many Vietnam VJ members that continue to stick around long after their pass through the halls of the US Consulate in HCMC. Best of luck to you both!

STL_HCMC

[Kevin&Loan 0]

Recently, we have seen a wave of blue sheets from Saigon. Unfortunately, these denials have 3 distinct characrteristics: length of the relationships, previous petitions and the relationship between family members of the petitioners and beneficiaries. Those who are denied based on these 3 red flags must realize that to win their battles, it takes times, money, and commitment. If you can't do it yourself, it is time to get a lawyer. Chuck&Kim have said over and over and over that you need to put yourself into the CO's shoes and convince them to beleive in you. So far, no one was able to do so. You guys are so focused phone bills, emails, chat logs, money receipts, number of trips made to VN and in the meantime, loose your sight on the big picture. Anyone can easlily fabricate these evidence. You know that and the COs know that. Only you can make your own case genuinely and convincingly. Please do not think that I am preaching to you. I only trying to share my perspective of the whole thing. When you are denied, I am sadden because I know how sad and desperate it was. I have been there, done that and frankly, I have been on these board along with many other old members long enough to spot your problems right on. If I could do it, I am sure the CO, who are professionaly trained to do their job, can smell something wrong the moment your fiance walks into that door.

So, if you guys need my support or advice, please do reply or PM me. I am here everyday

[GOSSIPSAIGON 0]

Here is why!!!

http://www.ocregister.com/ocregister/homep...cle_1762962.php