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Filed: Country: Vietnam
Timeline
Posted

Hello,

I am a US citizen living and working in Vietnam. I recently married my Vietnamese wife in a ceremony although we have not processed any papers yet. Which marriage certificate should we get, Vietnamese or US?

We plan to move to the US in a few years after we have kids and I would like to know which is the best way to proceed for her visa.

Do we need the Vietnamese marriage certificate? Or a US marriage certificate will be enough? If so, is it a good idea to get married in the US and get the certificate there (in Vegas) on a vacation trip?

Also if someone could explain to me if I have to do a K3 or CR1 and what is the difference.

Thank you for your feedback.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Chances of her getting a tourist visa to the US are probably pretty slim. She would have to prove ties to VN. owns property, a job, ect.

K-3 was supposed to make it faster for a spouse to enter the US. First you would file for a CR1, once your NOA1 comes you would file K-3. Both petitions end up at the NVC at the same time. Now The K-3 is discarded in favor of the CR1. K-3 is basically obsolete now.

You can do a K-1 since you do not have a cert yet, but would have to marry and adjust status once in the US. If you go the CR1 route, there is paperwork needed from the US before you can legally marry a VN National in addition to filing your I-130 (CR1).

The CR1 is the best visa.

Good luck!

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

Filed: Country: Vietnam
Timeline
Posted

Chances of her getting a tourist visa to the US are probably pretty slim. She would have to prove ties to VN. owns property, a job, ect.

K-3 was supposed to make it faster for a spouse to enter the US. First you would file for a CR1, once your NOA1 comes you would file K-3. Both petitions end up at the NVC at the same time. Now The K-3 is discarded in favor of the CR1. K-3 is basically obsolete now.

You can do a K-1 since you do not have a cert yet, but would have to marry and adjust status once in the US. If you go the CR1 route, there is paperwork needed from the US before you can legally marry a VN National in addition to filing your I-130 (CR1).

The CR1 is the best visa.

Good luck!

Thanks Kevin. She owns property in Vietnam and has a job. And she already visited the US once on a tourist visa 2 years ago. So I don't think getting a tourist visa would be a problem.

What paperwork do I need from the US before legally marrying a VN national? Is it the single certificate? I think I can get that at the US consulate.

Can I marry in the US and get the US marriage certificate before filing the I-130?

Posted

Thanks Kevin. She owns property in Vietnam and has a job. And she already visited the US once on a tourist visa 2 years ago. So I don't think getting a tourist visa would be a problem.

What paperwork do I need from the US before legally marrying a VN national? Is it the single certificate? I think I can get that at the US consulate.

Can I marry in the US and get the US marriage certificate before filing the I-130?

First, you need to get CONG HAM DOC THAN (Single Status) to able to marry your wife from VN for CR1. A friend of mine would able to get SINGLE STATUS from VN for only $100. This is 4 years ago, so you need to double check with VN to make sure you would able to get it from VN, or get Single Status from US, and ask you family member to send back to VN for you.

Since, you are both decide to move back to US for couples years. It's better to file CR1 for less than 2 years marry, and IR1 is marry more than 2 years. You also would consider file DCF.

Good luck.

I-130 Journey

USCIS

06-15-2008 : Marriage

08-16-2008 : I-130 Sent

08-18-2008 : I-130 Received

08-22-2008 : I-130 NOA1

02-02-2009 : I-130 NOA2 Approved 164 days from NOA1

NVC

02-04-2009 : Visited my wife for 2 weeks. 02-22-2009 come back to US

02-11-2009 : Received package from NVC

02-23-2009 : AOS Paid $70 (Online)

02-23-2009 : DS-3032 sent (by email)

02-25-2009 : Payment Received from my bank (AOS)

03-04-2009 : NVC has received the Choice of Agent DS-3032 (Online)

03-04-2009 : IV Application Processing Fees $400 (Online)

03-05-2009 : Payment Received from my bank (IV APS)

03-07-2009 : DS-230, and I-864 Sent (by USPS)

03-12-2009 : USPS confirm arrived at NVC for DS-230, & I-864

03-13-2009 : NVC received DS-230, & I-864 (Case in progress)

03-20-2009 : NVC case completed in 1 week NVC completed 03-20-2009.

04-02-2009 : NVC Left to HCM city

04-22-2009 : Medical Passed

05-12-2009 : Received a package IV from HCM Consulate by email

05-18-2009 : My wife got Pink.. yeah..

05-26-2009 : Visa received

06-18-2009 : US Entry!!! Yeah, my wife finally here.

06-29-2009 : Received SSN from snail mail

07-20-2009 : Green card received by mail

09-15-2009 : Writting test from DVM.

11-03-2009 : Driving Test.

01-20-2010 : Working.

04-20-2011 : Submit I751

04-26-2011 : Received I-797 NOA with Receipt Number

05-11-2011 : Received ASC Appointment Notice

06-03-2011 : Biometrics Apts @ 11:00 AM

10-11-2011 : Submit more evidence.

Filed: Country: Vietnam
Timeline
Posted

First, you need to get CONG HAM DOC THAN (Single Status) to able to marry your wife from VN for CR1. A friend of mine would able to get SINGLE STATUS from VN for only $100. This is 4 years ago, so you need to double check with VN to make sure you would able to get it from VN, or get Single Status from US, and ask you family member to send back to VN for you.

Since, you are both decide to move back to US for couples years. It's better to file CR1 for less than 2 years marry, and IR1 is marry more than 2 years. You also would consider file DCF.

Good luck.

Thanks. When filing I-130 or DCF, which marriage certificate do I need to show? US or VN?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Thanks. When filing I-130 or DCF, which marriage certificate do I need to show? US or VN?

Either one would be fine.

CR-1 Visa

I-130 Sent : 2006-08-30

I-130 NOA1 : 2006-09-12

I-130 Approved : 2007-01-17

NVC Received : 2007-02-05

Consulate Received : 2007-06-09

Interview Date : 2007-08-16 Case sent back to USCIS

NOA case received by CSC: 2007-12-19

Receive NOIR: 2009-05-04

Sent Rebuttal: 2009-05-19

NOA rebuttal entered: 2009-06-05

Case sent back to NVC for processing: 2009-08-27

Consulate sends DS-230: 2009-11-23

Interview: 2010-02-05 result Green sheet for updated I864 and photos submit 2010-03-05

APPROVED visa pick up 2010-03-12

POE: 2010-04-20 =)

GC received: 2010-05-05

Processing

Estimates/Stats : Your I-130 was approved in 140 days.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

tpham33,

If you have already married your wife, I would file for the CR-1...you are in no hurry to bring her to the US because you're living there with her.

File your CR1 petition through USCIS and NVC. You will need the ORIGINAL married certificate from Vietnam, also one translated in Enlish and notarized.

Know that they will give you trouble when you file for the marriage certificate because you're already married. Coffee money should ease the process over with the Vietnam government.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

A US marriage certificate is available after you would marry in the US, which you haven't done yet. If you've already married in VN, then go ahead and get the paperwork done there.

Your thinking that her getting a tourist visa now may be a bit optimistic. Having a USC husband and applying for a tourist visa will be seen differently. She has more immigrant intent now being married to you. This is the HCMC consulate where the bar is typically higher.

When you folks decide that you want to relocate to the US then look at applying for the spousal visa. Things are changing with regard to the DCF. That will be going away for some Consulates/Embassies. So plan for enough time to obtain the visa before moving.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

A US marriage certificate is available after you would marry in the US, which you haven't done yet. If you've already married in VN, then go ahead and get the paperwork done there.

Your thinking that her getting a tourist visa now may be a bit optimistic. Having a USC husband and applying for a tourist visa will be seen differently. She has more immigrant intent now being married to you. This is the HCMC consulate where the bar is typically higher.

When you folks decide that you want to relocate to the US then look at applying for the spousal visa. Things are changing with regard to the DCF. That will be going away for some Consulates/Embassies. So plan for enough time to obtain the visa before moving.

Yes I agree get the Vietnamese marriage certificate, and there have been recent changes on the DCF front. First, the USCIS office at the HCMC consulate is now closed (see attachment) Second, when it closed the instructions were to apply through the USCIS office in Bangkok, but that has now changed to Chicago Lockbox. (http://www.visajourney.com/news/2011/05/22/uscis-centralizes-filing-of-form-i-130/) I think the same as Anh map, you already live in Vietnam with her for the foreseeable future so your calculus is different than most. The only thing keeping me from your path was I didn't have "green card" for Vietnam, only 5 year visa exemption.

Best of luck,

Chong map rat dep trai (haha its funny we have similar nicknames)

USCIS HCMC Closing.pdf

Filed: Country: Vietnam
Timeline
Posted

A US marriage certificate is available after you would marry in the US, which you haven't done yet. If you've already married in VN, then go ahead and get the paperwork done there.

Your thinking that her getting a tourist visa now may be a bit optimistic. Having a USC husband and applying for a tourist visa will be seen differently. She has more immigrant intent now being married to you. This is the HCMC consulate where the bar is typically higher.

When you folks decide that you want to relocate to the US then look at applying for the spousal visa. Things are changing with regard to the DCF. That will be going away for some Consulates/Embassies. So plan for enough time to obtain the visa before moving.

Is it really going to be harder for her to get a tourist visa?

We are married through ceremony but not on paper. I have not filed for the Vietnamese marriage certificate yet or adjusted my single status at the US consulate. And I have not filed for the CR-1/I-130 yet. I plan to do it after our US trip.

When she files for her tourist visa, she would mention that we are going as companions. Is that ok?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Is it really going to be harder for her to get a tourist visa?

We are married through ceremony but not on paper. I have not filed for the Vietnamese marriage certificate yet or adjusted my single status at the US consulate. And I have not filed for the CR-1/I-130 yet. I plan to do it after our US trip.

When she files for her tourist visa, she would mention that we are going as companions. Is that ok?

You addressed this to Anh map so he might respond differently, but I want to throw my two cents in. Let's say you can get the tourist visa with no problem. The plan is then to marry when she gets to the US? Tourist visas are only good for a short time, then she would have to return. If you then file your I-130 you are starting the process with timing problems and questionable intentions regarding the reasons for her tourist visa (You've already publicly declared alternate motives for the tourist visa here). Why do that? You already qualify to do it the other way and you get to be together during the process.

Why complicate it?

Filed: Country: Vietnam
Timeline
Posted

You addressed this to Anh map so he might respond differently, but I want to throw my two cents in. Let's say you can get the tourist visa with no problem. The plan is then to marry when she gets to the US? Tourist visas are only good for a short time, then she would have to return. If you then file your I-130 you are starting the process with timing problems and questionable intentions regarding the reasons for her tourist visa (You've already publicly declared alternate motives for the tourist visa here). Why do that? You already qualify to do it the other way and you get to be together during the process.

Why complicate it?

Point taken. So if I understand correctly, there is no need for the US marriage certificate and get married in the US. We'll get the Vietnamese marriage certificate and file the I-130 with that.

I was also told that since I don't plan to move to the US in another 4 years, I should not file the I-130 now because once approved she would have to move to the US within 1 year or so. After that, the visa expires and we would have redo the process. I should file the I-130 about 1 year prior to relocating to the US.

You addressed this to Anh map so he might respond differently, but I want to throw my two cents in. Let's say you can get the tourist visa with no problem. The plan is then to marry when she gets to the US? Tourist visas are only good for a short time, then she would have to return. If you then file your I-130 you are starting the process with timing problems and questionable intentions regarding the reasons for her tourist visa (You've already publicly declared alternate motives for the tourist visa here). Why do that? You already qualify to do it the other way and you get to be together during the process.

Why complicate it?

Point taken. So if I understand correctly, there is no need for the US marriage certificate and get married in the US. We'll get the Vietnamese marriage certificate and file the I-130 with that.

I was also told that since I don't plan to move to the US in another 4 years, I should not file the I-130 now because once approved she would have to move to the US within 1 year or so. After that, the visa expires and we would have redo the process. I should file the I-130 about 1 year prior to relocating to the US.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Point taken. So if I understand correctly, there is no need for the US marriage certificate and get married in the US. We'll get the Vietnamese marriage certificate and file the I-130 with that.

I was also told that since I don't plan to move to the US in another 4 years, I should not file the I-130 now because once approved she would have to move to the US within 1 year or so. After that, the visa expires and we would have redo the process. I should file the I-130 about 1 year prior to relocating to the US.

Point taken. So if I understand correctly, there is no need for the US marriage certificate and get married in the US. We'll get the Vietnamese marriage certificate and file the I-130 with that.

I was also told that since I don't plan to move to the US in another 4 years, I should not file the I-130 now because once approved she would have to move to the US within 1 year or so. After that, the visa expires and we would have redo the process. I should file the I-130 about 1 year prior to relocating to the US.

Yes, that is what I'm saying. Our process was identical to yours with the exception of a lack of VN "green card" for me so I could not file DCF in HCMC, but I lived in VN for one year after we married finishing my French bachelor's degree. I waited until my return late last year to file our I-130, and now her interview is scheduled for Aug 8. This recent separation has been hard on us but we can see the end now. You get to avoid the separation and be with her all the way until her interview. I envy your position and wish we could have done the same.

Best of luck to you, enjoy your time there. Are you fluent yet?

Richard

  • 5 months later...
Filed: Country: Vietnam
Timeline
Posted

Point taken. So if I understand correctly, there is no need for the US marriage certificate and get married in the US. We'll get the Vietnamese marriage certificate and file the I-130 with that.

I was also told that since I don't plan to move to the US in another 4 years, I should not file the I-130 now because once approved she would have to move to the US within 1 year or so. After that, the visa expires and we would have redo the process. I should file the I-130 about 1 year prior to relocating to the US.

So now we have obtained our Vietnamese marriage certificate and we are officially married through the Vietnamese authorities. Do we need to register our new married status with the US consulate?

We still plan to live in Vietnam for at least 4 more years, after we have kids, before eventually relocating to the US. My plan is to file for the I-130 not now but in a few years when we are ready to move.

But I still want to bring my wife to the US for vacation once a year.

This is where it gets confusing for me. Will it be harder for her to get a tourist visa now that she is married to a US citizen? Should she apply for a tourist visa as a spouse or as a single? We don't have a US marriage certificate so I am not sure how the US knows we are married.

Before we were officially married, she obtained US tourist visas easily twice at the HCMC consulate (in 2009 and 2011) because she has a good job and real estate in Vietnam.

Thank you for your feedback.

 
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