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

[jom 4]

Why not make another trip to vietnam, take pictures that you are with the beneficiary for more than 3 days then submit as additional proof

[Vietnam07 0]

Why not make another trip to vietnam, take pictures that you are with the beneficiary for more than 3 days then submit as additional proof

I agreed with that. I don't know how much time you spend with her within the passed 2 years but you need to show every little piece of evidences you have.EX. Tickets to Vietnam, Visa to Vietnam, Money withdrawal from the bank, Hotel receipts, Pictures and so on.

For Example in my case when I travel to Vietnam in April, I had all of what I mention to you and more. These items show I was there and I travel through Vietnam. I have a stack of Bank withdrawal slips. It showed that I was there over a long period of time. I also spend over 500$ on phone cards. Over 70 phone cards at 8$ each. I hope you see the picture. If you need help I heard there is a guy name Marc Ellis who's an attorney in Vietnam who may help you. Email Poppscc or Thai for more info.....Good luck

[pushbrk 13,174]

Why not make another trip to vietnam, take pictures that you are with the beneficiary for more than 3 days then submit as additional proof

I agreed with that. I don't know how much time you spend with her within the passed 2 years but you need to show every little piece of evidences you have.EX. Tickets to Vietnam, Visa to Vietnam, Money withdrawal from the bank, Hotel receipts, Pictures and so on.

For Example in my case when I travel to Vietnam in April, I had all of what I mention to you and more. These items show I was there and I travel through Vietnam. I have a stack of Bank withdrawal slips. It showed that I was there over a long period of time. I also spend over 500$ on phone cards. Over 70 phone cards at 8$ each. I hope you see the picture. If you need help I heard there is a guy name Marc Ellis who's an attorney in Vietnam who may help you. Email Poppscc or Thai for more info.....Good luck

Marc Ellis is good and he specializes in this kind of case in Vietnam. Generally an attorney is needed in order to keep a case in country after a notice of intent to deny.

[Cécy 44]

You should also check if you have any bank receipts from buying things in Vietnam. Like restaurant, visits, etc.

Search for more pictures

and have someone who knows both of you and saw you together make an affidavit stating so.

This is from the marriage guide under I-130, but it might help you to know what the person should put.

Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage);

Good luck.

[pushbrk 13,174]

You should also check if you have any bank receipts from buying things in Vietnam. Like restaurant, visits, etc.

Search for more pictures

and have someone who knows both of you and saw you together make an affidavit stating so.

This is from the marriage guide under I-130, but it might help you to know what the person should put.

Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage);

Good luck.

The affidavits might help and I certainly would include receipt that prove you were in country but the Consular officer is not questioning your presense in Vietnam. He/she is convinced you spent very little time with your fiance and that your relationship is not bona fide. You'll need to focus on the bona fides, not the proof of being in Vietnam.

[lisa.bang 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!

[lisa.bang 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!

Did you resolve this issue? My brother is experiencing the same situation...His fiancee is in Vietnam and we her fiancee has the same last name as my father instead of my mother...I am too having a hard time locating my parents' birth certificates. Not sure where to start. Plus, they have to prove a bona fide relationship to them...Please advise...

[luckytxn 2,265]

The op was last on in July of 2007 so doubt that they resolved their problem. They seemed to not be understanding what was actually needed to be done.

[luckytxn 2,265]

Lisa. We would need more info to help here. Did your brother get a letter of denial or is this a concern? Also maybe if you asked in the regional forum where the countried are located and find the one for Vietnam and ask more can help for your specific problems. Birth certificates have been asked in there before. Good luck and God bless.

[lisa.bang 0]

Lisa. We would need more info to help here. Did your brother get a letter of denial or is this a concern? Also maybe if you asked in the regional forum where the countried are located and find the one for Vietnam and ask more can help for your specific problems. Birth certificates have been asked in there before. Good luck and God bless.

Ho Chi Minh City wrote a denial letter to my brother's fiancee in Vietnam back in June 2008 and I guess my brother thought his immigration representative in California (the person he hired) was taking care of this...however, come to find out, the rep. dropped the ball, now I am just trying to see if I can locate my parents' birth certificate and more evidences to prove their bona fide relationship...and he was also missing a timeline of their relationship...

[luckytxn 2,265]

Lisa, hate to hear that. We hear often about the hiring of people dropping that ball. Even if one hires someone they still have to do most of the stuff themselves. I am wondering though why you are doing all the work that the brother is supposed to be doing. Was the petition returned to the U.S. or is it still at the consulate? What was the last thing you heard about the petition?

[luckytxn 2,265]

Also here is a link to the Vietnam forum section. There are many other VJ'ers there that are doing the same in VN. Maybe you can ask and someone there can help about the birth certificates.

http://www.visajourney.com/forums/index.php?showforum=90

[lisa.bang 0]

Also here is a link to the Vietnam forum section. There are many other VJ'ers there that are doing the same in VN. Maybe you can ask and someone there can help about the birth certificates.

http://www.visajourney.com/forums/index.php?showforum=90

The case is still at the consulate...We have until June 2009 before the case is cancel and we would have to complete another D156 Form and then introduce new evidence...My brother works a lot, and I do have the luxury of a flexible schedule...That's why I am helping him...I guess he really love this woman too...So right now...nothing has been done exempt we must provide the information the consulate are requesting before the expiration date. I will use the link to do more research. Plus I am a better researcher than my brother is. I was once a permanent resident card holder, I was not born here, however I did live here my entire life since my parents migrated here, I was just born in Hong Kong while they were traveling to the U.S. as a refugee...So I know a little more places to locate the information rather than him.

Thank you for all your help, but anymore assistance would be greatly appreciative.

[luckytxn 2,265]

Great to hear Lisa. The timeline is pretty easy just be sure it is notarized. Not too sure what bonafides y'all have now. What was submitted already? Of course they are going to ask about the continuing relationship. Has he been saving any and all phone records, emails, chats, etc?