Can US Citizen living in Vietnam Sponsor Wife for CR-1?

[pfroehlich2004 0]

I am starting the process of petitioning for my wife, who is Vietnamese. (I am doing this only because the consulate has repeatedly refused to issue her a tourist visa, making it impossible for us to visit my family together.) I have been living in Vietnam since 2004 and have only visited the US twice during this time. For obvious reasons, I don't maintain a residence there.

I am a bit worried because according to the State Department website, "As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future."

Do I really have to give up my life in Vietnam and move back to the US before I can sponsor my wife to immigrate?

If anyone has experience with this type of situation, I would greatly appreciate your advice!

[Casprd 167]

You don't have to give up your life in Vietnam, but you do need to have a place to live lined up and at least a plan for life in the US if you are going DCF for an immigration visa for your wife. If you don't have these then the VO is going to look at your petition very skeptically. Is your intention to actually immigrate back to the US and live? or to use the IR-1 as a tourist visa for a long term visit? If the later then you are going to run in to trouble as that is another form of visa fraud. If you don't have things lined up in the US for a residence and means to support your wife here then chances are even an immigrant visa will be denied.

Bottom line is you have to decide what your intentions are and understand that the VO is very likely going to be able to discern your intentions when reviewing your case.

Welcome to our jacked up, dysfunctional, bipolar visa system. Given your established life in VN, there is no reason not to be granted a tourist visa for your wife since if you wanted to immigrate you are already married and could do that with an immigrant visa.

[pfroehlich2004 0]

I have no desire to live in the US and neither does my wife. We would simply like to be able to travel there together so we can visit my side of the family.

My wife is financially well-off, has travelled in Europe and Asia, and is married to a US Citizen who could sponsor her to immigrate at any time if that was her wish. Yet twice in 3 months, she has been told that the VO does not believe she will return to Vietnam.

So the consulate can refuse her a tourist visa on the grounds that she intends to remain in the US permanently and then turn around and refuse her an immigrant visa on the grounds that she doesn't intend to remain in the US? I am at my wits' end!

[confusedasheck 21]

OP,

I think you also have to prove that you have income from a US-based job when you make plans to go back. Somebody correct me if I'm wrong.

[skiptex 225]

hmm yea.. sounds like you have a little pickle there!

[luckytxn 2,264]

To do a direct consulate visa one needs to live in the U.S.?

[luckytxn 2,264]

I am starting the process of petitioning for my wife, who is Vietnamese. (I am doing this only because the consulate has repeatedly refused to issue her a tourist visa, making it impossible for us to visit my family together.) I have been living in Vietnam since 2004 and have only visited the US twice during this time. For obvious reasons, I don't maintain a residence there.

I am a bit worried because according to the State Department website, "As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future."

Do I really have to give up my life in Vietnam and move back to the US before I can sponsor my wife to immigrate?

If anyone has experience with this type of situation, I would greatly appreciate your advice!

Please read the guide here: http://www.visajourney.com/content/dcf

Most of us here have only done the fiancee or marriage visa and can only help little to do a DCF (direct consulate visa) From what I remember of it both can live overseas and file for a visa. Now we may be able to help you little on the DCF but most are very experienced on the forms itself. The best bet would be to go see an attorney by the name of Ellis that has an office in Ho Chin Minh city. He is about the best there is and if they say it can be done then it can be.

[Anh map 2,098]

I have no desire to live in the US and neither does my wife. We would simply like to be able to travel there together so we can visit my side of the family.

My wife is financially well-off, has travelled in Europe and Asia, and is married to a US Citizen who could sponsor her to immigrate at any time if that was her wish. Yet twice in 3 months, she has been told that the VO does not believe she will return to Vietnam.

So the consulate can refuse her a tourist visa on the grounds that she intends to remain in the US permanently and then turn around and refuse her an immigrant visa on the grounds that she doesn't intend to remain in the US? I am at my wits' end!

VN, as I am sure you are aware, is a high fraud country. Lots of Vietnamese have lied their way into the US. And any person applying for a visa from any country is assumed to have immigrant intent. So, your spouse must show very strong ties to VN in order to obtain a visa.

I'm going to be blunt here: get off your "I am an American" high horse and be sure that she can demonstrate VERY, VERY strong ties to VN in order to obtain a visitor visa. She has a US citizen spouse and that is a HUGE hurdle to overcome.

It may not seem fair, but it is the reality.

You may want to look through these FAQ's from the State Dept. website regarding the affidavit of support and establishing (for you) a US domicile >>>>> http://travel.state.gov/visa/immigrants/info/info_3183.html

[pfroehlich2004 0]

You don't have to give up your life in Vietnam, but you do need to have a place to live lined up and at least a plan for life in the US if you are going DCF for an immigration visa for your wife. If you don't have these then the VO is going to look at your petition very skeptically. Is your intention to actually immigrate back to the US and live? or to use the IR-1 as a tourist visa for a long term visit? If the later then you are going to run in to trouble as that is another form of visa fraud. If you don't have things lined up in the US for a residence and means to support your wife here then chances are even an immigrant visa will be denied.

Bottom line is you have to decide what your intentions are and understand that the VO is very likely going to be able to discern your intentions when reviewing your case.

Welcome to our jacked up, dysfunctional, bipolar visa system. Given your established life in VN, there is no reason not to be granted a tourist visa for your wife since if you wanted to immigrate you are already married and could do that with an immigrant visa.

Do you know exactly what statute we would be violating if we applied for the IR-1 without actually intending to live in the US? It might be helpful to have this information if we do end up re-applying for the tourist visa.

[pfroehlich2004 0]

Please read the guide here: http://www.visajourney.com/content/dcf

Most of us here have only done the fiancee or marriage visa and can only help little to do a DCF (direct consulate visa) From what I remember of it both can live overseas and file for a visa. Now we may be able to help you little on the DCF but most are very experienced on the forms itself. The best bet would be to go see an attorney by the name of Ellis that has an office in Ho Chin Minh city. He is about the best there is and if they say it can be done then it can be.

I don't think DCF is an option in Vietnam any more. The consulate's website states that as of August 15, 2011, they no longer accept I-130 petitions (neither does the embassy in Hanoi).

[Diem Kieu 2]

I don't think DCF is an option in Vietnam any more. The consulate's website states that as of August 15, 2011, they no longer accept I-130 petitions (neither does the embassy in Hanoi).

That's a good thing that the Us Consulate finally has decided to close the loophole by stopping the DCF process. For people who don't care to live and contribute (paying taxes) to the system, why should the US gov't care to provide any service to?

Sound fair to me.

Edited September 29, 2011 by Diem Kieu

[Diem Kieu 2]

BTW, just because she (your wife) has been refused Tourist visa doesn't mean she can't see her and/or your family members. Any of those people can buy airline ticket(s) and fly to VN to visit her. Since she doesn't care (since 2004 per your indication) to come to the US and work/pay taxes, I see no reason the US gov't and its people (taxpayers like me) should open our hands to welcome her.

In other words, if we feel like welcoming her, we may choose to do so. Just like the way she feels no obligation to come and contribute to the US system.

Sound fair and reasonable?

[skiptex 225]

Diem...

+1

[luckytxn 2,264]

I don't think DCF is an option in Vietnam any more. The consulate's website states that as of August 15, 2011, they no longer accept I-130 petitions (neither does the embassy in Hanoi).

You have to go through Thailand I believe now. The DCF is the only way to get a spouse visa when both live overseas.

[Glyn and Kathy 288]

That's a good thing that the Us Consulate finally has decided to close the loophole by stopping the DCF process. For people who don't care to live and contribute (paying taxes) to the system, why should the US gov't care to provide any service to?

Sound fair to me.

How is a US Citizen living elsewhere not contribute and pay taxes? I lived in England for several months and still voted, and because ALL US citizens no matter where they live HAVE to file their taxes...I still filed and paid. We used DCF and I don't see how it was a loophole...its a service and one still available in certain countries. We are moving back to the UK soon due to my father in law's health and since my husband never had the chance to file for citizenship....will be sure to use DCF again if it is still offered in the future.

OP, if you file for CR-1 your wife will be issued a 10 year green card if you have been married for more than 2 years. BUT, that greencard only stays active if you are a resident in the US. If she got it and only visited, then went back to Vietnam to live...she would be considered someone who has given up their residency.