HCMC VN feedback needed

[ScottThuy 140]

Ok I brought this up before, but I want to be sure that I address it further if I can.

My SO was married on paper, but never lived with him and never actually went through with the marriage ceremony. He refused to divorce on paper and she was stuck.... She has lived with her mother since birth and never lived with him. After she signed marriage papers and before the wedding that never happened she became pregnant and later had a son... Ho Khau shows son after birth 2001 and all the way to present. When Son had to go to school they had to add fathers name to Ho Khau for some reason having to do with son enrolling in school. Even though the Ex never lived in the house his name was in the book from 2007 to 2009. She fought and got divorce (early 2009) and removed his name from Ho Khau when she learned it was an issue. It is a clear red flag if they see his name in the book and I am looking for some way to address it ahead of time if they bring it up... I can easily get affidavits from family that say he never lived there, but they obviously contradict the ho khau. The ex will never sign anything to help her in any way... what do you think? neighbors statements?

I think worst case scenario, they will blue slip us and have a cop come to ask around about it similar to as was discussed in a topic earlier today. In that case they will find he was never there and it wont be an issue after that.. I dont want blue.. pink only!!!!

[Anh map 2,098]

An affidavit from someone in the local government?

[ScottThuy 140]

An affidavit from someone in the local government?

Thanks, She lives out in the countryside so I am not sure if that will be possible.. I am having her ask the rest of the family for insight....

[Kevin&Loan 0]

Scott,

Best bet is to get the local police (Cong An Phuong) to certify the fact that they never lived together. That can be done for a price though. I am sure you know what I mean. Give them some Bac Ho and your problem is solved. Let me check into this and will get back to you but Iam sure this is how it is supposed to be done.

[ScottThuy 140]

Scott,

Best bet is to get the local police (Cong An Phuong) to certify the fact that they never lived together. That can be done for a price though. I am sure you know what I mean. Give them some Bac Ho and your problem is solved. Let me check into this and will get back to you but Iam sure this is how it is supposed to be done.

Thanks.. Thats always a possibility... I know her father could address it that way easily enough...

[luckytxn 2,264]

If she is legally divorced then I fail to see what the problem is. The embassy is going to know that any documents that are brought in could have been handled by coffee money. The Ho Khau is pretty damning and do you think the embassy is going to buy that she was married but wasn't? Also she got pregnant by him? Really not sure what to say except to address this more straight forwardly.

[ScottThuy 140]

If she is legally divorced then I fail to see what the problem is. The embassy is going to know that any documents that are brought in could have been handled by coffee money. The Ho Khau is pretty damning and do you think the embassy is going to buy that she was married but wasn't? Also she got pregnant by him? Really not sure what to say except to address this more straight forwardly.

Whether they buy it or not.. its the truth... and everyone in the villiage knows it... I did alot of checking to make sure what was said was the truth.. I didnt want to be one of those scammed... yes she got pregnant by him but it was not a consentual thing and the physical abuse that accompanied it was why the relationship ended at that point. papers were already signed but no wedding took place.. it aint the same there as it is here...

I dont want to hide anything from them, but its difficult to document the truth in this situation since for whatever reason he is in the ho khau

[lindal24 1]

wow...sounds like you have a really sticky situation from my pov and maybe the COs...you should definately explain the situation and have the xa or phuong provide an affidavit. It might be difficult to come around though since she has a child with him...

[ScottThuy 140]

wow...sounds like you have a really sticky situation from my pov and maybe the COs...you should definately explain the situation and have the xa or phuong provide an affidavit. It might be difficult to come around though since she has a child with him...

I think the fact that he is not in the ho khau from 2001 to 2007 is a good thing in some way... she is and her son is their entire lives and her son does not have his family name, never did..

[JimVaPhuong 4,863]

Ok I brought this up before, but I want to be sure that I address it further if I can.

My SO was married on paper, but never lived with him and never actually went through with the marriage ceremony. He refused to divorce on paper and she was stuck.... She has lived with her mother since birth and never lived with him. After she signed marriage papers and before the wedding that never happened she became pregnant and later had a son... Ho Khau shows son after birth 2001 and all the way to present. When Son had to go to school they had to add fathers name to Ho Khau for some reason having to do with son enrolling in school. Even though the Ex never lived in the house his name was in the book from 2007 to 2009. She fought and got divorce (early 2009) and removed his name from Ho Khau when she learned it was an issue. It is a clear red flag if they see his name in the book and I am looking for some way to address it ahead of time if they bring it up... I can easily get affidavits from family that say he never lived there, but they obviously contradict the ho khau. The ex will never sign anything to help her in any way... what do you think? neighbors statements?

I think worst case scenario, they will blue slip us and have a cop come to ask around about it similar to as was discussed in a topic earlier today. In that case they will find he was never there and it wont be an issue after that.. I dont want blue.. pink only!!!!

The ho khau isn't the main red flag here. The recent divorce is the real problem. You're planning to address this by saying the marriage never really existed except on paper. Well, there are two things that contradict that claim. First, they have a child together, so this wasn't just a paper marriage. Second, as you say, he was listed in the ho khau at the time of the divorce (I think you previously said a little after the time of the divorce). On paper, this fits the profile of a wife who divorces her husband temporarily in order to get a USC to bring her to the US, then divorce the USC and petitions for her ex-husband.

His refusal to cooperate is probably a good thing. The consulate will almost certainly want his current address and phone number. If they call him and he tells them to "F* Off" it will only help your case. A husband who was waiting for his wife to scam a USC and eventually bring him to the US would probably go out of his way to help her, so not being cooperative makes it look less like a scam.

I'm not sure if statements from friends and neighbors will help, but you could give it a shot.

Ok, I just talked to my buddy Phong (not Phuong...). He says there are no public records of changes made in the ho khau. This is unfortunate, because I was going to suggest seeing if there's a record of her ex-husband being registered in TWO ho khau's at the same time. From what Phong says, the ho khau is the ONLY document of record. I thought you mentioned before that her ex was living with his parents. I don't suppose there's any chance of getting their ho khau...

[ScottThuy 140]

Ok I brought this up before, but I want to be sure that I address it further if I can.

My SO was married on paper, but never lived with him and never actually went through with the marriage ceremony. He refused to divorce on paper and she was stuck.... She has lived with her mother since birth and never lived with him. After she signed marriage papers and before the wedding that never happened she became pregnant and later had a son... Ho Khau shows son after birth 2001 and all the way to present. When Son had to go to school they had to add fathers name to Ho Khau for some reason having to do with son enrolling in school. Even though the Ex never lived in the house his name was in the book from 2007 to 2009. She fought and got divorce (early 2009) and removed his name from Ho Khau when she learned it was an issue. It is a clear red flag if they see his name in the book and I am looking for some way to address it ahead of time if they bring it up... I can easily get affidavits from family that say he never lived there, but they obviously contradict the ho khau. The ex will never sign anything to help her in any way... what do you think? neighbors statements?

I think worst case scenario, they will blue slip us and have a cop come to ask around about it similar to as was discussed in a topic earlier today. In that case they will find he was never there and it wont be an issue after that.. I dont want blue.. pink only!!!!

The ho khau isn't the main red flag here. The recent divorce is the real problem. You're planning to address this by saying the marriage never really existed except on paper. Well, there are two things that contradict that claim. First, they have a child together, so this wasn't just a paper marriage. Second, as you say, he was listed in the ho khau at the time of the divorce (I think you previously said a little after the time of the divorce). On paper, this fits the profile of a wife who divorces her husband temporarily in order to get a USC to bring her to the US, then divorce the USC and petitions for her ex-husband.

His refusal to cooperate is probably a good thing. The consulate will almost certainly want his current address and phone number. If they call him and he tells them to "F* Off" it will only help your case. A husband who was waiting for his wife to scam a USC and eventually bring him to the US would probably go out of his way to help her, so not being cooperative makes it look less like a scam.

I'm not sure if statements from friends and neighbors will help, but you could give it a shot.

Ok, I just talked to my buddy Phong (not Phuong...). He says there are no public records of changes made in the ho khau. This is unfortunate, because I was going to suggest seeing if there's a record of her ex-husband being registered in TWO ho khau's at the same time. From what Phong says, the ho khau is the ONLY document of record. I thought you mentioned before that her ex was living with his parents. I don't suppose there's any chance of getting their ho khau...

couldnt get a hot ####### on a stick from him... and yes he would tell them to f off or better yet hang up on them.. the child does not contradict it.... like I said in the previous post that event ended the relationship... if it happened here in the US he would still be in jail... yup I didnt find out he was in the ho khau until after the divorce.. else he would have been out last year...

From what I understand he lives in another city moving as needed for his work in construction.. dont know if he is in anothe ho khau and could not prove it if he was...

[JimVaPhuong 4,863]

couldnt get a hot ####### on a stick from him... and yes he would tell them to f off or better yet hang up on them.. the child does not contradict it.... like I said in the previous post that event ended the relationship... if it happened here in the US he would still be in jail... yup I didnt find out he was in the ho khau until after the divorce.. else he would have been out last year...

From what I understand he lives in another city moving as needed for his work in construction.. dont know if he is in anothe ho khau and could not prove it if he was...

I meant that the child indicates the marriage wasn't just on paper, at least not at the time she got pregnant. I don't get why he would be in jail, but that's not important.

I'm really not sure how you can best address it. The scenario is not really all that uncommon. A lot of people have relationships that collapse early after the marriage, but don't get divorced for years. The CO is going to be suspicious of the timing of the divorce. This would be true even if the ex-husband's name wasn't in the ho khau. The fact that his name IS in the ho khau just makes it more difficult.

Have you read the divorce decree? What does it say about the marriage? Does it back up your version of the events?

[BinhJerome 14]

Scott,

It sounds like a all around bad situation. If there is any plus side is that you trust your fiancée and that with your job you make frequent trips as well. I would get signed papers from anyone you can, if they do not look at them you at least tried to confront the problem head on. You may or may not get blue, but at least you know what you thought was right by not trying to hide anything and also by getting as much documentation to back up your points.

Jerome

[luckytxn 2,264]

Wasn't trying to argue and apologize if it sounds that way Scott. I feel for you and will say a prayer. It will be tough road to go and am sure that it all can be worked out. At least you know the red flags and are being as proactive as possible to get them worked out. It sounds like you both are able to go the long distance needed for this visa so that is good. Good luck and God bless.

[vietazn 1]

Don't know if it is possible to explain that the marriage is only on paper, when you are trying to get a fiance visa. Because they will question whether your relationship and marriage is only going to be on paper too. Also heard that being in the countryside might make them question whether the child is in fact her child and not a relative. In any case, everywhere I've read, the marriage papers trumps any ceremony, so it is a fact that there is a marriage even if there is no ceremony. Even if common law exists in Vietnam, it probably doesn't work in reverse meaning not living together does not make the marriage non-existent.