Help!!! Fiancee Visa refused today!!!

[Noah]

My fiancee's visa was refused today at the office in Ho CHi Minh. I gave them EVERYTHING I had. All my tax records for the past 5 years. all my financial records. 100s of chat sessions, 1 year of emails, phone bills, letters, cards, engagement photos.... I mean everything...  there is nothing left to give them... she said she answered all the questions correctly... they said we don't have enough proof of our relationship before our engagement but .. what the hell??? We had at least 100 photos from before we were engaged... At the time we were dating I had no idea I was supposed to document my relationship.. that seems more fake to me....anyway after we got engaged I saved everything, and she brought all with her to the interview. there must have been a stack of about 1000 papers. ... not enough?... so pathetic... Now I'll have to use all my vacation time from work to go over there... lost wages..lost time for our honeymoon...I hate the govt...We were planning our wedding for next month, so now it's screwed also. I never thought we could be refused with all the stuff we had to show...
What can I do now? I already paid the Robert Mullins agency...

Please help!!! They didn't give her any information as to what we can do next....

[Ray]

Sorry to hear the bad news Noah.

They should have given her a denial form with a specific reason for denial. If it’s a Section 221(g) denial, you may be able to provide further documentation. Have her fax it or e-mail it to you right away.

All of the consular posts seem to be tightening up on the fiancée visas. There are hundreds of reasons why her visa application might have been denied. Apparently, the interviewing officer didn’t like something he saw. Probably the best thing you can do now is contact the Immigrant Visa Branch at the consulate and see if you can speak directly with the consular officer who conducted the interview. Perhaps you can clear up whatever his doubts were.

After you have spoken with the person who did the interview, if you feel that they are not treating you fairly you should contact your congressman’s office and ask for their help. But you have to move fast while your fiancée petition is still under the consulate's jurisdiction. The consulate can reverse their decision if they wish to.

If all else fails, you can go over there and marry her and then petition her as your spouse.

Good luck!

Ray

[utopiacowboy]

Ray's advice is impeccable as usual.

[Noah]

Well, I called the ho chi minh office the past two nights, but they absolutely refuse to let me talk to the person who interviewed my fiancee. I can't even get a straight answer as to what I have to do next. The blue paper they gave her has NO information at all as to what we are supposed to give. It just says we need to supply more "evidence".  I can't do that because I gave them everything already...

I have called and written letters to every politician I could think of today, but I'm not sure if I'll have any luck with that. I'm really stuck now and don't know what else to do.

[Ray]

Noah,

Did that blue paper they gave her have “221(g)” on it? If so then the visa wasn’t denied outright, but they want some more evidence or documentation. Did they explain at all to your fiancée what she needed to provide?

Can you refresh us a little on your situation? It sounds like you corresponded for some time and then got engaged about a year ago(?). And they said they needed more documentation of your relationship going all the way back to when and how you met. Is that correct?

Do you know what kinds of questions they asked her and how she responded? Sometimes if she doesn’t know a lot of details about your personal life or past history, they see a red flag. There are some other things that can trigger a red flag with the consular officers if they suspect any kind of possible fraud. Here’s Gary Bala’s list of profile factors that they look for. These don’t necessarily get you a denial, but can cause them to dig deeper and be more suspicious:

Visa Fraud Profile Factors
-Wide difference in age between the partners
-Lack of a common language
-Wide differences in socio-economic, cultural, or religious backgrounds
-Initial contact via Internet or E-mail
-Use of a marriage agency
-A short time span during which the partners have known each other
-Only a brief time shared together
-A previous "immigration-procured" spouse or fiancée by the petitioner
-4 or more divorces by one or both partners
-Past arrest record or criminal history involving fraud or serious offense
-Sloppy presentation and dress at interview
-Missed, inaccurate, or inconsistent answers to basic questions

One thing you could do is write a letter detailing how you met and how your relationship began and progressed. Just make certain that it matches her story she gave at the interview. Also, a letter form a family member of yours who can attest to the validity of your relationship may help. You said you had wedding plans for next month? Do you have any receipts, invitations, or paperwork related to the wedding ceremony or reception party?

Besides the phone calls, did you try sending a FAX or e-mail to the consulate? FAXes seem to work well with government agencies. If you come up with more evidence, you may want to FAX it to the consulate and also send copies to your lady to submit by hand.

-----
Information Unit
General Information
The Information Unit of the Consular Section handles all public inquiries regarding both immigrant and nonimmigrant visa information.
For answers to frequently asked questions, go to the nonimmigrant visa FAQ or the immigrant visa FAQ pages.
All inquiries should include the applicant's full name, date of birth, mailing address, telephone number, petitioner's name, and HCM or ODP case number, if any. Once we receive your inquiry, please allow 4 to 5 working days for a response.
E-mail Address:
hcmcinfo@state.gov
Telephone Number:
84-8  822-9433, ext. 4636
The Information Unit receives phone calls from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 4:45 p.m., Monday through Friday, except Thursday, from 2:00 p.m. to 5:00 p.m.

Fax Number:
84-8  824-5572
Street Address:
U.S. Consulate General
Consular Section Information Unit
4 Le Duan, District 1
Ho Chi Minh City, Vietnam
Our Information Booth located at 4 Le Duan Street is open from 8:00 to 11:00 a.m. and 1:00 to 3:00 p.m. Monday through Friday, except Friday, from 10:00 am to 11:00 am. Applicants may come to the Information Booth to request information and forms or ask questions about the visa process. Due to the high volume of cases handled by our Consular Section, consular officers are not available to speak with individual petitioners in person. If you have case-specific questions, you may e-mail, mail, or fax your inquiry to the Information Unit.
Mailing Address for letters sent via the U.S. Postal Service only:
U.S. Consulate General
Consular Section Information Unit
PSC 461 Box 500
FPO, AP 96521-0002

The U.S. Consulate General is closed on Vietnamese and American holidays.
-----

Ray

[Noah]

thanks for all the info.  Our letter does have 221 on it.  I wrote a very long letter today stating why I don't have more "evidence" of our relationship. My fiancee knew more about my family and myself then I did, so there was certainly no problem with that. She even knew my step parents birthdays, brother's home addresses and more..

A few of the "red flags' do apply with us, but I thought I had more than enough documentation to show. Also i paid a Vietnamese visa agency to help with all paperwork. I did meet her on the net, but not from a marraige agency. It was a website about vietnam because I had always wanted to travel there. The relationship kind of evolved into something more by chance.

 The main problem with documentation was I had a full time travel job with a tech company, and had no home address for more than 5 years. I lived out of hotel rooms and corporate apartments, used a company laptop for chat and email, and never had any record of phone bills, letters or anything until I took a permanent position with another company, and bought a house. Everything after that time was carefully documented.  


We don't have anything for the wedding made yet because everything was depending on the interview...  Everyone was waiting to see what would happen. I definitely can get my family to write letters in support, since she has been in constant contact with them also.

[Ray]

Well Noah, it sounds like you did everything right with the documentation as far as you could under the circumstances.

Your fiancée’s being in contact with your family is definitely a plus in determining a valid relationship. If she had some letters or cards from your family members to present at her interview, that should have been a big help. They seem to like the posted letters in original envelopes with postmark dates, but I know e-mails and online chats have replaced most of that in recent years. Maybe the evidence she submitted was solid but the interviewing officer just had a bad hunch or something…who knows? Perhaps it was some small thing in her mannerisms or nervousness or something(?). Maybe the fact that she used an agency rubbed them the wrong way. Maybe her just being persistent and going back with a little more documentation will convince them that your relationship is genuine.

I would dig around and see if you can find anything more that you can submit for evidence for the early part of your relationship. Plane ticket stubs, boarding passes, hotel receipts, letters between you and her family or between her and your family, birthday cards, anything. If you sent her any money, did you keep receipts for funds transfers?

Did she “clean up” the documentation before submitting it? I think they like to see mushy love letters more than just proof of communication. Remember that the interviewing officer is likely conducting those visa interviews with the “assumption” that the relationship could be a sham just to get her a visa to the U.S. I think sometimes they can be overly paranoid.

How many trips did you make to visit with her? More than one?

Ray

[Noah]

I only made one trip over there again after I left Asia. I had been working there before. The only reason I haven't gone back since is because we kept thinking her interview was coming soon, and she would be able to come here.

I contacted my congressman's office and they were very helpful. I had to send them a handwritten letter requesting they look into the matter. The congressman's assistant said all they can really do is inquire why she was refused, but hopefully that will help to show them we are legit. I do have all the paperwork you mentioned.. receipts, cards. letters, plane tickets, hotel, everything.  She brought all that stuff to the interview but she said they didnt' look at any of it. She told me they only asked her a few basic questions about how we met and how long did we know each other before engagement, things like that.  

She tried to show them more, but she said they didn't want to look. They just told her she needed to read what was written on that silly blue paper.  The paper itself is a complete joke. It says on one line,  "please do not submit anything to the consulate until you have ALL the following items".... then there is nothing listed. Another line reads "please turn the requested items in at the window.. and there is nothing listed there also. It would be pretty funny if our lives weren't being held hostage by it.
 
I also sent a very long letter to the consulate explaining everything as you suggested. Thanks for all your help. Hopefully things will get better soon.

[Ray]

They wouldn’t look at any of her evidence? That’s really weird.

I guess if she follows the instructions on the “blue paper”, she can just go back there with all of her evidence they didn’t see the first time and submit it at the window. Maybe another officer without an attitude will review her case next time. It may be worth a try.

Those congressional inquiries usually at least get their attention and they should feel compelled to reply. Hope things work out …

From their Web site:

Please bring to your interview any evidence to substantiate your relationship with the petitioner, such as letters, telephone bills, e-mails, photographs, etc. During the visa interview, it is the applicant's responsibility to provide evidence of a bona fide relationship with the petitioner. The consular officer will use the interview as well as the information submitted to make a decision.

Section 221(g) of the U.S. Immigration and Nationality Act states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient. If, for any reason, the applicant is not eligible for a visa at the time of the interview, the applicant will receive an explanation in writing and a request for the specific documents still required, if any.

Applicants refused under Section 221(g) who are specifically requested to submit more documents may submit the additional information either via registered mail or in person at the Consulate between 1:00 p.m. and 3:00 p.m. Monday through Friday, except holidays. The applicant should include the blue or green refusal sheet asking for additional information.

[Keith]

I vote for Ray to be in charge of all immigration matters.  I am always amazed at how much you know, Ray!

[benjaminz_1]

Could this be pinned. There is a lot of good advice.

[Noah]

The advice was GREAT! I wrote a 2 page letter and within a few mintues of reading it, they approved her! Good luck to everybody else in that situation. It was nerve-racking!!!

[LatinIntro]

At the Colombian embassy a very similar situation is presenting itself. When showing up for a fiance visa interview, several ladies are not being allowed to present their "evidence of relationship". They are being denied even before studying the documentation, and are receiving the same slip without any specific instructions as of what to do next. I think it is definitely necessary for men to join their fiancee at the interview.. and raise hell when they try to deny the visa.