Two Foreigners in Vietnam

[emilybraaten 1]

Hey Everyone,

I'm new to Visa Journey so I apologize if I'm posting in the wrong spot.

I am American and my fiance is Nigerian...we happened to meet while we were both working Ho Chi Minh City, Vietnam. We have a 8 month old daughter together. Our K-1 petition has been approved by the USCIS and is now being processed at the NVC...so hopefully in the next few months an interview will be scheduled.

1. The US consulate wants us to have a Justice Record Check #2. We already went to get one a couple months ago, and the department of justice here gave us Justice Record Check #1. I did not know there were different types at that time. (From my research it looks like Justice Record Check #1 is for foreigners who lived temporarily in Vietnam, while #2 is for for locals?) Since my fiance is NOT Vietnamese, is having the Justice Record Check #1 sufficient, even though the consulate website specifies the other one is necessary?
2. How likely is it that the consulate here will deny my fiance an interview and make him go back to Nigeria? He has a residence card and has alway lived here legally.
3. My parents are cosponsoring him. I have a job here, but they don't give pay stubs, or W2, etc. Since I will be leaving the job soon I do not have the financial capabilities to sponsor him. (I know I still have to fill out the I-134) I know its up to consulate to decide if a cosponsor is accepted. Is it more likely they will since we are both foreigners and have a child together? Does it make a difference? Has anyone had or heard of a similar case?

Thanks for any feedback!

[Boiler 45,292]

What is his status in Vietnam, how long will it continue?

[Anonymous885 44]

It will take at least 3 more months to have interview from HCM Consulate. The justice record number will expire in 6 months, however the number 2 expires in 1year. I dont know if number 2 is for Vietnamese only or not. I would recommend to ask the number 2 because you have few more months before interviewing.

There is one vietnamese couple that does need cosponsor and his fiancee will interview this month. We will figure out if Consulate accepts it ( it depends on Consulate and we dont know the answer).

[emilybraaten 1]

Update: His application is at the consulate now, and it seems like the case will stay here. I asked them about the police check, they said if we have #1 the officer will decide on the day of the interview if it is acceptable or if we need to go get #2. Since it takes about a month to get one, I'll just have him go through the hassle of also getting Record Check #2, better safe than sorry.

[Anonymous885 44]

That is good idea because it will take you couple more months (2-3 months after package 3) to get interviewed. You have plenty time to order the record number 2. Good luck.