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Derek and Duyen

IR1 after tourist visa denial

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Filed: Country: Vietnam
Timeline

Tiger33, My wife and I are in a similar situation. I'm an american-born citizen, and she's a VN national. We now have a 4 month old son together and would like to visit my family in the US so they can meet my wife and baby. The problem is that she can't get a tourist visa (denied 3x now), so it seems like our only option is to get a IR1/CR1 spouse visa, then go to the US for a month, and then return to Vietnam to continue living our normal lives for the following couple years. Does anyone know if that plan will work?

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Filed: AOS (apr) Country: Vietnam
Timeline

Split from existing topic to get focused responses and not hijack the other topic...

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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

Tiger33, My wife and I are in a similar situation. I'm an american-born citizen, and she's a VN national. We now have a 4 month old son together and would like to visit my family in the US so they can meet my wife and baby. The problem is that she can't get a tourist visa (denied 3x now), so it seems like our only option is to get a IR1/CR1 spouse visa, then go to the US for a month, and then return to Vietnam to continue living our normal lives for the following couple years. Does anyone know if that plan will work?

Do you have marriage certificates and birth certificate for your son? Is your son a USC? Why did they denied her tourist visa? An IR-1 is an immigration visa. Not sure if she can go back to Vietnam to continue her normal life.

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Tiger33, My wife and I are in a similar situation. I'm an american-born citizen, and she's a VN national. We now have a 4 month old son together and would like to visit my family in the US so they can meet my wife and baby. The problem is that she can't get a tourist visa (denied 3x now), so it seems like our only option is to get a IR1/CR1 spouse visa, then go to the US for a month, and then return to Vietnam to continue living our normal lives for the following couple years. Does anyone know if that plan will work?

If you both married more than 2 years.. it's better for CR1.

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.

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Filed: K-1 Visa Country: Vietnam
Timeline

You should not use a visa for reasons other than what it was intended to be used for. In other words, do not use a CR1 visa to temporarily visit the US and then go back to VN. A tourist visa is appropriate for visiting purposes. A CR1 is to be used for people that want to permanently immigrate to the US. But since your tourist visa applications keep getting denied, I don't think this will work. You may have to accept the fact that you cannot bring your wife and son to the US for simple visitation purposes. Now if you wish to permanently live in the US that would be a different story and the CR1 visa would come into play. I don't think anybody here will tell you to use certain visas in an irresponsible way so rest assured you will get good advise here :)

Your situation is a bit tricky but I think they only way for your family to see your wife and son would be to try to have them fly to VN and meet them there. I know it will probably suck big time but that is the reality of your situation. But please do not try use the system to your advantage by bringing your wife and son to the US on a CR1 visa if you only want to visit and then go back to VN. Good luck and congrats on the birth of your son :)

K1 Visa Stage
Aug 23, 2010: I-129F NOA 1
Feb 07, 2011: I-129F NOA 2
May 23, 2011: Interview. Blue Slip
Jun 20, 2011: Submit Documents: 1) Timeline, 2) 10 year residency(me), 3) 10 year residency(Thu), 4) Letter explaining how/where we met. Second Blue Slip
Feb 03, 2012: U.S. Consulate Investigators call Thu's residence. Spoke to Thu and Thu's parents
Feb 27, 2012: Received email from the U.S. Consulate that our case is finished processing. Requested to submit updated Police & Medical papers.
Mar 06, 2012: Submitted updated Police & Medical papers.
Mar 21, 2012: Received K1 Visa
Apr 07, 2012: Point of Entry @ LAX

Adjustment of Status Stage
Apr 23, 2012: Got married!
Apr 30, 2012: Received Social Security Card
Jun 30, 2012: Applied for AOS
Sep 22, 2012: Received Employment Authorization Card...Still waiting for 2 yr GC

May 01, 2013: Received 2yr GC

Removal of Conditions Stage

Apr 18, 2015: Will apply for 10yr GC

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Filed: Country: Vietnam (no flag)
Timeline

You should not use a visa for reasons other than what it was intended to be used for. In other words, do not use a CR1 visa to temporarily visit the US and then go back to VN. A tourist visa is appropriate for visiting purposes. A CR1 is to be used for people that want to permanently immigrate to the US. But since your tourist visa applications keep getting denied, I don't think this will work. You may have to accept the fact that you cannot bring your wife and son to the US for simple visitation purposes. Now if you wish to permanently live in the US that would be a different story and the CR1 visa would come into play. I don't think anybody here will tell you to use certain visas in an irresponsible way so rest assured you will get good advise here :)

Your situation is a bit tricky but I think they only way for your family to see your wife and son would be to try to have them fly to VN and meet them there. I know it will probably suck big time but that is the reality of your situation. But please do not try use the system to your advantage by bringing your wife and son to the US on a CR1 visa if you only want to visit and then go back to VN. Good luck and congrats on the birth of your son :)

I was going to say the same exact thing, but what I wanted to say sounded too crude when I typed it out, so thanks for posting my point. IF all OP wants is for the family to see the baby, would it make more sense to have the family go to VN to see the wife? This is just pure speculation as I’m sure there are lot of other details we’re not getting.

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

Tiger33, My wife and I are in a similar situation. I'm an american-born citizen, and she's a VN national. We now have a 4 month old son together and would like to visit my family in the US so they can meet my wife and baby. The problem is that she can't get a tourist visa (denied 3x now), so it seems like our only option is to get a IR1/CR1 spouse visa, then go to the US for a month, and then return to Vietnam to continue living our normal lives for the following couple years. Does anyone know if that plan will work?

What ties do you have to VN? How many relatives does she have in the US? Those are the likely big issues.

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

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