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BandQ

Officer took passport only to refuse under 221(g) later

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
18 hours ago, BandQ said:
  • This information is helpful as I was not aware that there was an internal post-review. My Fiancée and I have been following other example of cases specific to the embassy in HCMC. This location has a habit of handing out this same generic blue slip on most cases, then at the follow-up interview either approve or eventually return the petition to NVC/USCIS. When couples of all sorts of history and backgrounds are getting the same slip, it's hard to determine what is officers concern with their case specifically. This is extra difficult for us as we can't really gage what those concerns are with our experience at the interview since the interviewing officer didn't see a problem with us. He asked me the petitioner (P) and my fiancée (B) the following questions: She answered in english
    • (P) Where did you meet your fiancée?
    • (P) When was your first in person meeting?
    • (B) Where does you fiance work?
    • (B) What does he do for work?
    • (B) What year did you last meet? (She fumbled this a bit. She didn't hear the question well and thought we were still on the topic of work. She answered "9 years" as in how many years I worked at my employer and noticed the confusion. I clarified she was talking about how long I worked at my employer and compassionately reworded the question for her. The officer was satisfied with her new answer and my response to her confusion).
    • (B) Who cooks better (Me obviously. The officer saw her playful answer and my reaction and laughed).

The translator gave my fiancée back our original copies and explained to her that she will be getting her visa mailed back with her passport. When the officer congratulated us, I asked for clarification as to why he didn't see our evidence. He stated he was already motioning to approve.  

  • Some background information in regards to our first attempt. We applied to for a previous k1 where we got this same blus slip + additional info not asked for this time around, sent the required info where it eventually was sent to USCIS as "The Petitioner and Beneficiary have failed to establish they have a bona fide relationship." This was somewhat understanding as we deduced the issues to be:
    • I didn't attend the interview because of covid (At this embassy its a big hill to climb if the petitioner doesn't join.)
    • Language barriers (not with me as we can communicate with each other in her broken english, but with the officer) 
    • We only met twice at the time of petitioning. We had plans to visit again post petitioning but before NOA2, but those were canceled as covid had happened. 
    • We didn't have the customary ceremonial engagement party. This was going to occur during our canceled trip.
    • The amount of photos. She had about 12 of us together but the officer kept asking her for more photos at the time of the interview. 
    • She answered every question correctly but one. She didn't know exactly how much I made per hour when asked. She knew what my salary was, but didn't know the exact hourly pay. She only answered that she didn't know. I explained after that she is allowed to answer what she does know next time,

This time around we visited more, had our engagement party, made sure to take way more photos of ourselves and family, improved her english, and went over how she is allowed to answer questions when she doesn't know specifics. Also a major thing, Covid restrictions ended so yeah.

 

  • I have seen with previous posters that they were told specifics as to why the officer didn't believe in a bona-fide relationship in thier OF-194. example: Didn't have and engagement party. Short courting. Only met once. ect. I was extremely confused as to why there was no specifics both interviews and are getting a repeat of what occured last time despite doing significantly better and fixing our assumed red flags. 
  • In this case the root of the problem has not been identified. Getting the old generic letter despite addressing all of the previous issues means there is a perceived flaw from the officer that we have no clue what it could be. Rather than being adults and being transparent with what could be an easily fixable concern, they are playing games. I'm not going to let them do whatever they want to us in this game so thats why im looking to see if there is anyway to get more clarification before sending in the required documents.
  • I am aware this will not move forward until then, I'm just looking for insites.

I think you just need to send what they ask for and wait. Second K1 after the first K1 fail seem like a big mistake, but it was too late for now. If this 2nd K1 not go through, your only choice is getting married and file for CR1/IR1.

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  • 8 months later...
 
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