US Consulate in Hochiminh sucks

[sweetiewynn 0]

I hate to call or write to the consulate but I did today and even knew what they were going to answer. Yes, they said: "your case is still pending". Since I got their letter said they didn't need more info from us and told us to wait it has been more than 7 months now. If they want to deny just tell us and we will do it all over again but it seems they want us to wait and finally break up then cancel it. It sucks and I don't know what to do now. On May 16 will be a year since I got the interview. Sometimes I just think I want to give up but how to do it and how we can live without each other. What should I do, guys?

[Matt_Stevens 5]

MOVE this over to the Asia thread, is first things first.

Second, is this the female half of this couple in Vietnam? Don't give up. But yes, they may just be holding onto your case hoping you give up. Apparently they do that A LOT in HCMC.

To the male half of this couple, try and visit her as soon as you can. Being away for too long can really kill a relationship.

Edited April 11, 2006 by Matt_Stevens

[Brian_bellingham 0]

It is because of incidents like this one (involving Vietnam) that places like Vietnam are so slow, it is too bad for the people who are legitimate who suffer because of it.

http://www.king5.com/localnews/stories/NW_...M.252bf61b.html

"Associated Press

TACOMA, Wash. - Two brothers, their two sisters and one sister's boyfriend have pleaded guilty in what federal investigators say was one of the largest immigration marriage scams in the Pacific Northwest.

The four siblings recruited at least 130 people in and around Portland, Ore., and neighboring Vancouver, Wash., to pose as spouses for Vietnamese nationals who paid $10,000 to $30,000 each to obtain nonimmigrant visas through the phony marriages, according to the U.S. attorney's office.

"What I found amazing was they could approach 130 Americans who agreed to go along with this," Assistant U.S. Attorney Douglas B. Whalley said Monday.

Many recruits were gambling dealers or held other low-paying jobs in cardrooms and casinos in Tacoma, Shoreline, a suburb north of Seattle, and La Center, north of Vancouver, investigators said.

Phuoc Huu Nguyen, also known as Steve Nugent, 42, and Loc Huu Nguyen, 38, both of Vancouver, pleaded guilty last Thursday to conspiracy to commit visa fraud and conspiracy to commit money laundering, crimes punishable by up to five and 20 years, respectively.

Their sisters, Monica Nguyen, 30 and Amanda Nguyen, 28, both of Lynnwood, pleaded guilty last month to the same charges.

Everett Ledbetter, 34, of Lynnwood, also a suburb north of Seattle, identified as the younger sister's boyfriend, pleaded guilty Friday to conspiracy to commit visa fraud.

Than Bui, 54, and Richard Earl Anderson, 36, both of the Seattle area, and Ryan Scott Daniels, 28, of Tacoma, also pleaded guilty last month to conspiracy to commit visa fraud.

Investigators are trying to find 40 to 45 immigrants who entered the United States illegally, and 20 to 30 U.S. citizens who were recruited into the scam may face visa fraud or other charges, officials said.

Last year federal agents broke up a similar scheme in Orange County, Calif., with indictments of more than 40 people.

Assistant U.S. Attorney Matthew Thomas said the Portland-area scam was organized by the Nguyen brothers and he plans to recommend a stiffer penalty for them when they are sentenced in late June.

The guilty pleas follow an investigation that began in May 2003 and was headed by Immigration and Customs Enforcement with assistance from other federal and state agencies.

Ledbetter and the Nguyen brothers offered mostly young adults in minimum-wage jobs $500 to $1,500 and a ticket to Vietnam to participate, accompanied them and covered most of their expenses, including hotel, bar and restaurant bills, investigators said.

"One recruit said it was like being a rock star for a couple of weeks," Thomas said.

Some recruits refused to participate after going to Vietnam and were threatened or intimidated by leaders of the scheme, government lawyers said in a statement without elaborating.

To make the phony marriages appear legitimate, U.S. recruits and Vietnamese nationals were told to pose for pictures in three sets of clothing in areas around Ho Chi Minh City and to write love letters that were shown to immigration officials.

Authorities said the probe began with a tip about Americans pretending to be married to Vietnamese immigrants, and investigators subsequently noticed dozens of requests from young Portland-area men and women for expedited passports to go to Vietnam.

In late 2004 government officials suspended requests for fiance visas for Vietnamese nationals as a precaution. The suspension was lifted the following April.

[Matt_Stevens 5]

Yet if these were Mexican illegals, they would NEVER be deported and will just end up with amnesty.

The system sucks. It's complete BS.

[dalegg 143]

"Associated Press

In late 2004 government officials suspended requests for fiance visas for Vietnamese nationals as a precaution. The suspension was lifted the following April.

How did I miss this? My wife's fiance visa was issued right smack in the middle of this suspension.

[Jasman0717 9]

Wow, sorry to hear this. Have you tried contacted your elected representative?

[Matt_Stevens 5]

They have and it hasn't helped them.

[sweetiewynn 0]

Ya, that was the female half of us posting and ya, she is feeling very sad right now. The reason is partially my fault because I thought it would be 6 months from when thye sent the letter saying our case requires "additional processing," and I thought the time for her to be here would have passed already so I got her all thinking it would be there by now and man... goddammit is all I can say right now. I feel so disgusted with the consulate and I feel like my government has really let me down and denied me my rights as a human to move about the freaking earth and have my freaking wife with me. #######? Why are people being punished like this and how freaking hard is it to look at our case? Other people are going through the entire process in the time it takes for us to get our "additional processing" (additional punishment) and it is really pissing me off right at the moment. Ya, I have contacted both my congressman and senator from my state on several occasions over several months and all they do is inquire and get the same threatening response saying that they will use all the laws possible to try to find a reason to disqualify us (they use other words, but the effect is the same.)

Edited April 12, 2006 by sweetiewynn

[Matt_Stevens 5]

Take them to court. Maybe this can be a test case. Write to Michelle Malkin and Bill O'Reilly about this. We are at a breaking point in regards to the HCMC situation where they are actively trying sabotage visas by forcing couples to be apart long enough for them to give up.

[sweetiewynn 0]

I've actually considered taking them to court and try to force them to do their jobs rather than try to dissuade people from getting married. There is a case which could be used as precedence where a guy had waited almost 8 years for his family to get their visas and join him in the states. They were having doubts about the guy's genuity and were trying to wear him down because he had presented some conflicting information in error. Anyway, the guy's family was in "additional processing" and had been there for 8 years and was able to successfully force the consulate to review his case.

Hmm... maybe I will try to find that case and ya, take them to court. This is ridiculous and makes me really mad because I feel like we are being unfairly victimized.

[Matt_Stevens 5]

I truly believe you two have every right to do that and in fact I believe you have a good case. You should try and contact the lawyer who represented the guy who was waiting 8 years. Also write to your local newspaper, call them, do what you can to get the press involved.

[Mike n Huong 1]

I have gone to your website and read your story, and it really does break my heart. You have been living with her for some time now, and if that is true evidence of a true relationship, then I don't know what is. I was just thinking the other day about the Consulate, and how they work there. I don't think that this is the way our government intended this consulate to work. I do understand that there is fraud there, but that happens at every consulate and embassy. Every Consulate and Embassy should be following the same rules. My lawyer told me that you just need to prove you have been together in the last two years, and evidence of a relationship, along with the support documents.

Something should be done to bring this to light. I don't know at what forum, but either a lawsuite, or to USCIS. It is our right to have a relationship with anyone we desire, and to bring her into this country. Isn't what they are doing some sort of being prejudice against Vietnamese coming to the US and getting married to a US citizen? Isn't this the same kind of stereotyping that police get in trouble for????? I could see if all the embassies followed the same guidelines that they do, but it just is not the case.

I really do wish you all the luck in getting that Visa. You both need to confort each other and don't let them get the best of you, because that is exactly what they are trying to do.

[wait4ever 0]

It is because of incidents like this one (involving Vietnam) that places like Vietnam are so slow, it is too bad for the people who are legitimate who suffer because of it.

http://www.king5.com/localnews/stories/NW_...M.252bf61b.html

"Associated Press

In late 2004 government officials suspended requests for fiance visas for Vietnamese nationals as a precaution. The suspension was lifted the following April.

This is a very interesting bit of information I have never see or heard of before. My fiancee's case never received any kind of review in 2004. It was stuck in the same situation as sweetiewynn is in now. I wonder if this is some kind of newly de-classified info that came out of the court case.

[dalegg 143]

MOVE this over to the Asia thread, is first things first.

Wrong Asia

[wait4ever 0]

I've actually considered taking them to court and try to force them to do their jobs rather than try to dissuade people from getting married. There is a case which could be used as precedence where a guy had waited almost 8 years for his family to get their visas and join him in the states. They were having doubts about the guy's genuity and were trying to wear him down because he had presented some conflicting information in error. Anyway, the guy's family was in "additional processing" and had been there for 8 years and was able to successfully force the consulate to review his case.

Hmm... maybe I will try to find that case and ya, take them to court. This is ridiculous and makes me really mad because I feel like we are being unfairly victimized.

I believe the case you are talking about involves a "writ of mandamus". Mandamus action compels an officer or employee of the US government to perform a duty owed to the plaintiff. It does not force a decision in favor of the plaintiff, but merely compels the officer to make some sort of decision. Often, the decision is to deny after such a court action. But, at least it's a decision. Mandamus action is pursued in the Federal District Court of the plaintiff.

There is a lot of good information avaliable on the web about this. If you go to Google and type in "writ of mandamus and visa cases" you will get a good list of sites to visit where you can read more.

In brief, there are certain procedures that you must exhaust before seeking a writ of mandamus. One lawyer suggests that a writ should be pursued after one year of no answer from the Consulate. The procedure involves documenting the case and contacting the particular department with notification that a mandamus is being pursued. Most cases never make it to court as the matter is often settled during the initial contact. Bringing a case against the government involves suing the Attorney General and he doesn't like being sued for a department/agency not responding to a case.

Of course all this requires a lawyer, so it will take some money if your case actually goes to court. However, if it's solved in the early stages it may be worth the money.