K1, File return to USCIS for possible revocation or denial

[US VN 0]

Dear friends,

After about nine month since we submit the additional paperwork to support our K1 visa, we have a email from US Consulate in HCM to tell us that they are in the process of returning our case back to USCIS for further review/denial--the body of the email as below. Can some one help us what we need to do next please!

"After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation or denial. The beneficiary’s case is now being prepared for return to the service center at which the petition was filed. The process for returning the case can take several months. Once this process is completed, we will inform and return all personal items submitted in support of the application to the beneficiary."

Thank you for your time!

US-VN

[polar1979 4]

Can you give us a background of your case, please. What happened at the interview? What caused this?

[jac_chappin 24]

I'm sorry to hear thar your fiancee was not approved.

Yes please give more detail about case. Where there any red flags? Not enough evidence? Was Interview a disaster?

[WeatherEmperor 21]

Dear friends,

After about nine month since we submit the additional paperwork to support our K1 visa, we have a email from US Consulate in HCM to tell us that they are in the process of returning our case back to USCIS for further review/denial--the body of the email as below. Can some one help us what we need to do next please!

"After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation or denial. The beneficiary’s case is now being prepared for return to the service center at which the petition was filed. The process for returning the case can take several months. Once this process is completed, we will inform and return all personal items submitted in support of the application to the beneficiary."

Thank you for your time!

US-VN

I remember reading some details on your case last year:

http://www.visajourney.com/forums/topic/271217-resubmit-additional-paper-work/

I am so sorry that your fiance did not get the K1 approved. I want to ask you some questions. At any time while your case was in AP, did investigators from the Consulate go to your fiance's residence to ask questions? Did they also call you or members of your family in the US for questions?

I think you should PM Scott or Jim to ask what to do next. They know this process well and have been giving me good advice

[US VN 0]

Friends,

The above quote is an reply email from US consulate in VN when I was inquiry the case status. Neither I nor my fiancee received anything from the Consulate nor USCIS. I sound like, the US Consulate in VN will return the case back to USCIS to make any further decision on the case.

Here is some info/history regarding the case which I was asking for help earlier:

http://www.visajourney.com/forums/topic/271217-resubmit-additional-paper-work/

We or our family/relatives did not receive any call from any one regarding the investigation of the case.

Since they only state the case will be returned to USCIS without any reason, I do not know what is causing the red flag on the case at this moment.

TIA for your inputs.

US-VN

[Anh map 2,098]

What you submitted after the interview was not seen a sufficient proof of a bona fide relationship. So you are at a crossroads. Continue the fiancee route (do it all over again) or go to VN and marry, then file a spousal visa petition. Either way you will have to supply proof of a legitimate relationship as all the contents of your current file will be available to the CO in HCMC.

Have you made any more visits to VN? Are you planning to go again?

[quann 26]

dear op,

seems like you're being intentionally vague and not following up on some very easy questions in this thread as well as the prior. if you want the help then give more details...if not hire a good lawyer. other members have volunteered alot more details on much easier straightforward cases.

Edited July 2, 2011 by quann

[luckytxn 2,264]

Dear friends,

After about nine month since we submit the additional paperwork to support our K1 visa, we have a email from US Consulate in HCM to tell us that they are in the process of returning our case back to USCIS for further review/denial--the body of the email as below. Can some one help us what we need to do next please!

"After a thorough review of the facts of this case, a consular officer has recommended that this petition be returned to the U.S. Citizenship and Immigration Service (USCIS) for their further review and possible revocation or denial. The beneficiary's case is now being prepared for return to the service center at which the petition was filed. The process for returning the case can take several months. Once this process is completed, we will inform and return all personal items submitted in support of the application to the beneficiary."

Thank you for your time!

US-VN

Hard to help anyone with so little detail to go by. The only advice is to wait till the USCIS receives the petition and you will then at one time only have a short time to respond to them a dispute. The dispute will result in the petition being reaffirmed or denied and/or allowed to die. Only when that petition is resolved can you do one of several things. You are now going to be very patient and wait for a process that can take many months to years to resolve.

Now you can give us more details and we can try to help more on what to expect and/or give you a more better understanding if you even have a chance. Others have had the short history before meeting and getting engaged on the first trip. Others also have had the blue and asked for all the same things and gotten a pink eventually. In fact the pink is the usual outcome and rarely is a denial. Now we do see that you tried to petition another and from what I read it seemed you were successful but after coming over she bailed after 2 months and returned back to VN. To me anyway this is the key to what they saw and denied this petition. Can we ask and get a answer on why she returned? How long after her giving up and returning did you find this new fiancee? How did you find this new fiancee? (Introduced by who?) How did the interview go and what was the line of questioning? Did you both at anytime during the investigation process after being in AP did any contact was made on you and/or her?

As you can see we can't help much unless you are more forthcoming. At the least you from here on out need to show a lot of patience as you both are in for a long tedious process.

[US VN 0]

Friends,

I finally have a scanned copy of the denial letter from US Consulate in VietNam to tell us what are the reasons to return the case to USCIS. Please give us advices!

TIA,

US-VN

1) Photographs submitted as evidence of the relationship indicate that Petition and Beneficiary have spent only one or two days together.

2) Beneficiary and-or Petitioner submitted no evident of any engagement celebration. This is contradict the cultural norms in which many members and friends, including those in the US are invited to engagement celebrations numbering in the hundreds of guests for families of even modest means. Together with other factor, this has been established as on the key elements of a sham relationship to evade US Immigration laws.

3) In contrast to Vietnamese social and cultural norms which mandate a lengthy and careful period on pre-nuptial arrangements, Petitioner and Beneficiary became engaged within two weeks on meeting in person.

4) Beneficiary is unaware of basic facts regarding the Petitioner’s occupation, livelihood and-or worklife. For example, Beneficiary was unable to recall Petitioner’s place of employment, then name of his direct supervisor or the name of any his coworkers.

5) Beneficiary is unaware of basic facts regarding Petitioner’s personal history and-or significant life experiences. For example, Beneficiary was unaware hoe Petitioner went to the US, when he immigrated or when he naturalized.

6) Beneficiary in unaware of the basic facts regarding Petitioner’s locality and-or hometown (features, characteristics,…). For example, Beneficiary was unable to provide any credible details about Petitioner’s hometown, not even the name.

7) Beneficiary us unaware of the basic facts regarding Petitioner’s previous marriage. For example, Beneficiary was unaware that Petitioner had previously been engaged and filed a K-1 petition for another woman just 1 year before Petitioner and Beneficiary met.

8) Beneficiary is unaware of the requirement to marry within 90 days of admission to the US. Therefore, it appears the Beneficiary does not have the intend to comply with the requirement of the visa category applied for or that the claim relationship is a sham (or both).

[long&kieu 1]

wow...did you guys have no evidence at all??

[Anh map 2,098]

It seems that you two were very unprepared for the K1 process. And that your fiancee knew very little about the basics of your life.

The interview must have been pretty bad if the fiancee did not know where you live, what you do for work, that you were previously engaged. Multiple red flags there. More than enough to get a straight denial.

[Moomin 292]

From reading your prior posts and then this one it seems as if they're trying to establish the real purpose of your relation since she didn't know some basic info, either you neglected to mention it or she forgot about it. Job, hometown, life before you met, life after getting to US etc. The embassy knows the difference between "I don't recall" and "no". Saying "no" to this being your second petition is a lie and they expected her to at least know that. "Unaware" suggests you haven't told her.

It's not a matter of re-filing or immediately jumping the gun with a spousal visa. You have to overcome those factors before getting anywhere near the embassy again. From what I understand, the embassy in Vietnam isn't going to be easy on you - I'll leave that to somebody with first hand experience.

Which consequence does this have besides a denial of the K1 when they suspect it's based on everything but a bona fide relationship?

[quann 26]

at this point i'm hoping it's a fake relationship. very sad if this was legit and your FIANCE knows absolutely nothing about you or even the fact you two are getting married within 90 days.

[Dan_P 5]

if what they said is true, that is a very solid case for denial. in this case, i'd strongly suggest you get a good lawyer, at this point, this is a very tough case to overcome

[luckytxn 2,264]

I am stunned.

I am even more stunned you expect help when we know nothing at all about you and this try for a visa. We even asked for details and still nothing.

Guess all anyone can say is good luck.