Filing I-130 from Vietnam (need advice)

[KrisP 0]

Hoping someone can give us sound advice, seems like some very smart and experienced people on this board!

Here's some facts for my case:

- I'm US Citizen and have been living/working in Vietnam for over 5 years (have temporary residence card)

- Been in relationship for over 3 years

- Approved to get our Marriage license from Viet gov't next month (so officially we'll be husband/wife)

- Actual wedding (religious) wedding ceremony will take place end of 2012

- We would like to move to the US as soon as possible, therefore would like to process paperwork immediately (already have a home in the US to prove US domicile)

QUESTIONS:

1. Can I file for I-130 as soon as we have official marriage license paperwork from Viet gov't (or do we have to wait for the actual ceremony)?

2. We will have a joint bank account soon here in VN to show co-mingling, will this be enough for "evidence of bonafide marriage" or will we need 3rd party affidavits?

3. I've been living here so no airfare "proof" to show "visits" but my passport should evidence me living here. Our pictures together are not "time/dateline" stamped, will that pose a problem?

4. Any other suggestions that I should do or be aware of?

Thanks for any advice.

[Penguin_ie 5,993]

*** Moving from K1 fiance visa to Vietnam Regional for country specific answers ****

[ScottThuy 140]

After the government says you are married (date on the cert) you are married even if there is no ceremony.. so any time after that date... the more evidence of bonafide the better.. many pics, bank docs etc... any affidavit is just more evidence and IMO more is better when it comes to HCMC.

[Dan_P 5]

If you two are already engaged, you can do a k-1 now and file as a fiancee. You can then have the religious ceremony whenever you want, if it is allowed by the presider, which is something that you would want to ask early. This would be the quickest route to get her here, assuming that you have the qualifications.

[confusedasheck 21]

What about financial support? Will the OP be able to prove US based income after moving back to the USA?

[KrisP 0]

After the government says you are married (date on the cert) you are married even if there is no ceremony.. so any time after that date... the more evidence of bonafide the better.. many pics, bank docs etc... any affidavit is just more evidence and IMO more is better when it comes to HCMC.

Thanks for your advice! How many pics is sufficient evidence? They are not timestamped (never took pics thinking they would be needed for 'proof').

[KrisP 0]

If you two are already engaged, you can do a k-1 now and file as a fiancee. You can then have the religious ceremony whenever you want, if it is allowed by the presider, which is something that you would want to ask early. This would be the quickest route to get her here, assuming that you have the qualifications.

Thanks Dan_P...not considering the K1 since we want to get married here and do the I-130 so she can have Green card upon arrival in US and thus can begin to work right away. We don't need to go to US immediately so I'm ok w/ filing the I-130 but just don't want it dragging on for too long. We both have decent jobs here now and thus are ok to wait (just not too long). I've read on here that the I-130 can take between 6-12 months. Hoping it's less than 1 year.

[KrisP 0]

What about financial support? Will the OP be able to prove US based income after moving back to the USA?

Yes, I am part owner of a business in the US and thus have W2's and income tax docs to prove. I'm pretty sure that that income should qualify me at 125% of poverty line.

[ScottThuy 140]

Thanks for your advice! How many pics is sufficient evidence? They are not timestamped (never took pics thinking they would be needed for 'proof').

as many as you can find showing different clothes locations people etc...

[confusedasheck 21]

Does a time stamp even matter any more with digital pictures? Anybody can create a time stamp using Photoshop and stick it on the pictures.

[ScottThuy 140]

they know that at hcmc and actually have software that can check pixelation for photo manipulation.

[Dan_P 5]

Does a time stamp even matter any more with digital pictures? Anybody can create a time stamp using Photoshop and stick it on the pictures.

I have a lumix zs7, and that allows you to add the date stamp and a short description into the picture. Not so much to prove the date stamp, but it is convenient to do it on the camera and print it and having a description is good especially if you have lots of pictures. I prefer this over writing a small blurb under the picture.

[MonkunTN 0]

they know that at hcmc and actually have software that can check pixelation for photo manipulation.

Interesting. Would it be advisable to avoid submitting any pictures that have been enhanced by software even just for clarity sake?

I have a few pictures that I am planning to use in my I-130 submission that were too dark, so I used photo editing software to make them brighter. (The software I used has a One-step Photo Fix button; no actual content was added or removed.)

Thanks.

[ScottThuy 140]

if the shading was applied to the whole image it should be fine... If it clearly looks manipulated it could cause them to take a much deeper look at things.... One does not want the CO at HCMC taking a deeper look at things... that takes a long time.... many months after the interview.

[quann 26]

OP--seems like you know what you're doing. imo the time difference between k1 and cr1 is minimal. the process should take less than a year barring any setback.

Interesting. Would it be advisable to avoid submitting any pictures that have been enhanced by software even just for clarity sake?

I have a few pictures that I am planning to use in my I-130 submission that were too dark, so I used photo editing software to make them brighter. (The software I used has a One-step Photo Fix button; no actual content was added or removed.)

Thanks.

this should be fine. scott is probably talking about cutting a head here and inserting it there etc, brightness red-eye removal etc is a MUST for good photography!