Denied a k1 visa? Mothers have the same last nmes?

[quyenlv 0]

First they ask for my mother`s birth certificate, because our mothers have the same last name (this is very common in Viet Nam). This is the reason they think we are related and because my mother`s birth records was burned during the Viet Nam War so it take us a while for us to obtain a new copy form the local government in VN( my mother went to VN to get it for me).

* How do we prove to them that we are not related and we have a bona fide fiance’(e)/spousal relationship ?

I and my family do not have any friends or relatives from South VietNam. My family from the North VietNam and his family from South VietNam. He does not have any friends or relatives from the North Viet Nam either. He has an Uncle from Cali and an Aunt from Texas.

And before we can obtain it they give us this letter:

***********************************

They ask for my mother birth certificate in the First Green Letter

Second Green Letter:

IMMIGRANT VISA UNIT

U.S. CONSULATE GENERAL

HO CHI MINH CITY, VIETNAM

Case# HCM2005 539 046

Dear 7 K(uh Ji:Tran, Nhat Quoc

*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended.

* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionabie relationship. The following remarks apply in your case.

* Based on the information ascertained through the visa interview and through documentary materials, consular officers do not believe that there is a bona fide fiance’(e)/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that the relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.

They give us this letter after we give them my mother`s birth certificate:

IMMIGRANT VISA UNIT

U.S. CONSULATE GENERAL

HO CHI MINH CITY, VIETNAM

/ k/ Ji: TRAN, NHAT QUOC

CASE #: HCM2005539046

*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended:

* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case

*Consular officers apply a ‘reasonable person standard’ when evaluating the bona fides of claimed spousal and fiancé` relationships (9 FAM 42.43 N2.2(3)). In the present case, Petitioner and Beneficiary claim they met by chance in June 2003. Petitioner made two additional trips, in April 2004 and August 2005. Credible evidence of communication includes several sporadic monthly phone records from 2003-present. Despite Petitioner’s three trips to Vietnam, photographs do not indicate she spent more than three days in Beneficiary’s company. These facts as ascertained by consular officers would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the Immigrant Visa Chief and will be returned to USCIS for review and possible revocation upon his concurrence with the reviewing officer’s decision. When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)©(i) of the Act.

Please turn in the requested items with this form at window B between 1pm and 3pm Monday-Friday.

WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED

What should we do now? Please help!

Edited July 27, 2007 by quyenlv

[Cry_Tuff 0]

Not being cheeky or anything...but does anyone on your side and her's have a family tree done up? Or anything from family history that can prove you two are unrelated?

[Chica Yeyé 41]

WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED

What should we do now? Please help!

Move heaven and earth to find that birth certificate. Attach letter explaining situation. Consult immigration attorney. Pronto.

Good luck and sorry to hear about this.

L.

[quyenlv 0]

We gave them the birth certificate and we also we the AFFIDAVIT OF BIRTH from my oldest Aunt from my mother side plus letter explaining situation. But they ignore those.

[*julez* 124]

Well, if you read what they wrote, it does not appear that they were looking for a copy of your mother's birth certificate. What they asked for was more evidence of an ongoing relationship. They want more pics of the two of you together showing that you have spent a good amount of time in eachother's company, more phone records that indicate frequent communication, etc.

"Despite Petitioner’s three trips to Vietnam, photographs do not indicate she spent more than three days in Beneficiary’s company." Right in the letter pasted in above. Nothing ANYWHERE about your mom's birth cert, so no clue where you are getting that idea.

They believe that your relationship is a fraud, not that you are related. Let's be clear on that. So, what you need to do is provide them with more evidence that you do, in fact, have a bona fide relationship. Prove to them that you aren't just looking for a green card, cos at the moment that's what the consular officer believes.

Good luck.

[quyenlv 0]

No one on my side and his have a family tree done up. Now we have all the birth certificate show that we are not related at all. But they do not care.

[Boiler 46,252]

DNA test

[*julez* 124]

No one on my side and his have a family tree done up. Now we have all the birth certificate show that we are not related at all. But they do not care.

They don't care because that is not the issue at hand. Calmly reread the letters received and you will note that they are asking for more evidence of a real relationship. They have not once intimated that they think you are related. If you cannot comprehend what they are asking for, then I suggest you hire a good immigration attorney to help you through this next phase.

Edited July 27, 2007 by julezabelle

[quyenlv 0]

We have all the phone bills from 2004 to present, more than 1000 phone calls. We have 57 pictures to show them but they satisfy.

[quyenlv 0]

You think I should do DNA test? But they do not ask for it.

[*julez* 124]

We have all the phone bills from 2004 to present, more than 1000 phone calls. We have 57 pictures to show them but they satisfy.

Then you should find and hire an experienced immigration attorney to help you. Your case file will shortly be shipped baclk to NVC, which will make things more difficult. In addition to hiring an attorney, I suggest you pop over to the waiver forum to see if you can get better guidance there. There are many who have been able to overcome denaials that may be able to offer you more advice, so go here:

http://www.visajourney.com/forums/index.php?showforum=113

You think I should do DNA test? But they do not ask for it.

That would be a waste of time and money, since they haven't stated in either letter that they have denied you due to the belief that yoy are blood relatives.

[no name 1]

Second Green Letter:

IMMIGRANT VISA UNIT

U.S. CONSULATE GENERAL

HO CHI MINH CITY, VIETNAM

Case# HCM2005 539 046

Dear 7 K(uh Ji:Tran, Nhat Quoc

*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended.

* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionabie relationship. The following remarks apply in your case.

* Based on the information ascertained through the visa interview and through documentary materials, consular officers do not believe that there is a bona fide fiance'(e)/spousal relationship between Petitioner and Beneficiary. If you have any other evidence to present which would convince a reasonable person that the relationship exists for a reason other than immigration, please submit it. Please label and itemize all materials submitted.

They give us this letter after we give them my mother`s birth certificate:

IMMIGRANT VISA UNIT

U.S. CONSULATE GENERAL

HO CHI MINH CITY, VIETNAM

/ k/ Ji: TRAN, NHAT QUOC

CASE #: HCM2005539046

*The Consulate General is unable to issue a visa to you because you have been found ineligible under the following section(s) of the U.S. Immigration and Nationality Act, as amended:

* Section 221 (g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case

*Consular officers apply a 'reasonable person standard' when evaluating the bona fides of claimed spousal and fiancé` relationships (9 FAM 42.43 N2.2(3)). In the present case, Petitioner and Beneficiary claim they met by chance in June 2003. Petitioner made two additional trips, in April 2004 and August 2005. Credible evidence of communication includes several sporadic monthly phone records from 2003-present. Despite Petitioner's three trips to Vietnam, photographs do not indicate she spent more than three days in Beneficiary's company. These facts as ascertained by consular officers would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws. Therefore, pursuant to 9 FAM 41.81 N6.5, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be revoked. The case will next be reviewed by the Immigrant Visa Chief and will be returned to USCIS for review and possible revocation upon his concurrence with the reviewing officer's decision. When USCIS receives the returned petition, they will contact the petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, beneficiary will become ineligible for a visa under section 212(a)(6)©(i) of the Act.

Please turn in the requested items with this form at window B between 1pm and 3pm Monday-Friday.

WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED

What should we do now? Please help!

[Vietnam07 0]

You think I should do DNA test? But they do not ask for it.

DNA is not the big picture they are looking for. Reread the letter. They are stating that you didn't provided enough evidences of a relationship. You need to label them and gather more information on what they want....I am not a CO but it look like that's what they are saying.

[pushbrk 13,174]

You think I should do DNA test? But they do not ask for it.

DNA is not the big picture they are looking for. Reread the letter. They are stating that you didn't provided enough evidences of a relationship. You need to label them and gather more information on what they want....I am not a CO but it look like that's what they are saying.

Sometimes we really feel like we're beating our heads against the wall. There is nothing in the communication posted that indicates there is a suspicion the couple is related by blood.

The couple has presented insufficient evidence that their relationship is bona fide and ongoing enough to look to a reasonable person as if the two people are fiance and fiancee. They have told the couple why by indicating the evidence provide shows that the couple spent little time together even though the petitioner was in country on three separate occasions.

The petitioner should review posts and threads that suggest what kind of evidence should be submitted to prove the bona fides. If that evidence isn't available because the Consulate is right, then there will be no visa.

Focusing on DNA and destroyed birth certificates is a waste of time and effort. Neither has anything to do with this notice of intent to deny, unless it does. It is somewhat common to obscure the real reason for denial however. Perhaps they are being subjected to additional scrutiny because the have the same family name or because of something else known but unstated.

If there is more evidence of bona fides, then you may be able to submit it.

This should be your area of focus.

In the present case, Petitioner and Beneficiary claim they met by chance in June 2003. Petitioner made two additional trips, in April 2004 and August 2005. Credible evidence of communication includes several sporadic monthly phone records from 2003-present. Despite Petitioner’s three trips to Vietnam, photographs do not indicate she spent more than three days in Beneficiary’s company. These facts as ascertained by consular officers would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws.

Edited July 27, 2007 by pushbrk

[Caladan 19]

They don't think that you're related, from what you've posted. Or at least that wasn't the reason for denial. They think that your relationship is fraudulent, for the purpose of immigration only. From what you're saying, it sounds like they were worried that you were related before you had your mother's birth certificate, but then denied the visa on the lack of bona fides.

If they ask for your mother's birth certificate, make sure they get that. But it also looks, from the letter, like they think there's a fraudulent relationship. Check out the Vietnam forum for advice on evidence from people going through your *consulate.

edit: consulate, not closet. no idea how that happened.

Edited July 27, 2007 by Caladan