Vietnamese Marriage Cert. & i-130 application TIP

[Chris & Trinh 15]

Hi guys,

Just wanted to give a helpful tip to anyone who has a Vietnamese marriage certificate and is going to file a petition for an immigrant visa to the US for their spouse. This tip has come about because I just received an RFE on my i-130 application. The RFE is because the wedding date I put on the i-130 application does NOT match the wedding date on the Vietnamese Marriage Certificate.

My wife and I got married on November 28th, 2010. That is the date we had our ceremony, the date we recognize as our marriage day, and the date I put on the i-130. However, as you may or may not be aware it takes a long time to get the marriage certificate from the Vietnamese government. The date the marriage certificate was approved is January 8th, 2011 and that is the date they put on the certificate. I was not aware of this when I sent in the paper work to the US. We received an RFE to explain why there is a difference in the dates.

Now we have a hassle to prove and gather paper work. I called and talked with the USCIS officers 2 times to be clear what I have to send them. We must now get a certified letter from the Vietnamese gov. that the date on the marriage certificate is not our ceremony date but the actual approval date of the marriage certificate document. THEN, we must have documentation showing that our ceremony was really on November 28th. Just a headache to deal with but hopefully wont take too long to clear up and get our approval.

Just wanted to warn anyone else who may be going through the same process so they don't make the same mistake as we did.

[tomvan 2]

Hi All Vn Vjs,

The date on your Marriage Certificate is the official one, that is the one that you should put on your I-130. The date that you do your Wedding ceremony in the Church, in Temple, or Wedding Party at home or Restaurant does not count. In Vietnamese Marriage Certificate, there is a line saying that " This Marriage Certificate is Valid From the Date that We Recorded in the Marriage Book" or something like that. In Vietnamese: " Giay Chung Nhan Hon Nhan Nay co Gia Tri Ke Tu Ngay Duoc Ghi Vo So".

[JRF 117]

Agree - the ceremony is simply that - a ceremony. You are married on the day you sign the paperwork.

[Chris & Trinh 15]

I agree with both of you that the date on the marriage certificate is the legal date. I am not disputing that. However, the process for the marriage certificate is different in the United States, and I am sure in other countries as well, than Vietnam. In Vietnam the ceremony date and the marriage certificate date is different. In this U.S. the date on the marriage certificate is the same date as your ceremony date. That is the day you sign the paper.

I only write this to make sure no one else makes the same mistake who might be unaware that in Vietnam the dates are different where as in the US they are the same. That is where there could be some confusion. I didn't even look at the date on the marriage certificate since I assumed it would be the same as the ceremony date. That was my mistake.

[tomvan 2]

Hi Chris & Trinh,

There are a lot of things in Vietnam that different than in US and or other Countries. When you deal with the Vietnamese Communist, you got to be care full.

[Chris & Trinh 15]

Hi Chris & Trinh,

There are a lot of things in Vietnam that different than in US and or other Countries. When you deal with the Vietnamese Communist, you got to be care full.

Yes many things are different. That's what makes Vietnam what it is. I've lived here in HCMC for over 4 years now and still things surprise me everyday.

[TQD 6]

I surprise that how can you can live there in 4 years, I run away for long time ago

[haulinda 0]

Chris & Trinh,

You indicated that you have been living in Vietnam for the last 4 years and is in the process of filing an I-130. Are you waiting for all the paperwork to be done and then you and your wife will go to the US together. I ask because that is something I am trying to do and would like to know if you can do all the paperwork and stay in Vietnam with the spouse while doing it. I would like to stay here and wait with the spouse until everything is done and go together to the US if possible. Thank you in advance for your help.

[Chris & Trinh 15]

Chris & Trinh,

You indicated that you have been living in Vietnam for the last 4 years and is in the process of filing an I-130. Are you waiting for all the paperwork to be done and then you and your wife will go to the US together. I ask because that is something I am trying to do and would like to know if you can do all the paperwork and stay in Vietnam with the spouse while doing it. I would like to stay here and wait with the spouse until everything is done and go together to the US if possible. Thank you in advance for your help.

Hi haulinda....

Yes, we are at the first stage of the process, USCIS office waiting for our i-130 to be approved. We applied in February. I did/am doing all the paper work from Vietnam. In some cases the process is suppose to be a little faster if both are living together abroad. Not sure how often that is true or not. Anyway, let me know if you have an specific questions and I can try to answer or give some advice as our experience with the process.

[haulinda 0]

Chris & Trinh,

Thank you so much for your offer of help and advice. It is very appreciated. I was wondering if you guys are doing all the paperwork yourself or did you guys hire out to help. Another question is are you using a visa exemption to stay in country. I currently have a visa exemption, but has only extended it once. I am not sure how many times I will be able to extend it before I have to leave the country. Any help and advice is very appreciated. Thank you so much.

[Chris & Trinh 15]

Chris & Trinh,

Thank you so much for your offer of help and advice. It is very appreciated. I was wondering if you guys are doing all the paperwork yourself or did you guys hire out to help. Another question is are you using a visa exemption to stay in country. I currently have a visa exemption, but has only extended it once. I am not sure how many times I will be able to extend it before I have to leave the country. Any help and advice is very appreciated. Thank you so much.

We did not hire anyone to help us with the visa process. For my case I think it would be a waste of money. For those who might have an unusual case I could see maybe hiring someone. With normal cases I think all the information you need can be found here and all the support you need for any question is here as well.

Yes I am staying here on a visa exemption. It is a 5 year exemption. So no I have not extended it for another 5 years yet, Is that your question? You should not have to leave the country.

[haulinda 0]

Sorry, I meant it was the first time I received a stamp to stay beyond my first 90 days. I am afraid that there is a limited on how many times I will be able to get the new stamp before having to leave the country. Have you been able to stay continuously or did you have to go on "holiday" and come back? Thanks again.

[Chris & Trinh 15]

Sorry, I meant it was the first time I received a stamp to stay beyond my first 90 days. I am afraid that there is a limited on how many times I will be able to get the new stamp before having to leave the country. Have you been able to stay continuously or did you have to go on "holiday" and come back? Thanks again.

They told me as long as I am married I do not have to leave. I have got my continuously stamped without any problems and without leaving.

[haulinda 0]

Chris & Trinh,

I got my visa exemption before we got married and we hadn't received for Vietnamese Marriage Certificate yet. Do you think I will have a lot of problems staying since we don't have the marriage certificate yet? After we received the marriage certificate do you think I should reapply for a new visa exemption? Thank you again for your help.

[Chris & Trinh 15]

Chris & Trinh,

I got my visa exemption before we got married and we hadn't received for Vietnamese Marriage Certificate yet. Do you think I will have a lot of problems staying since we don't have the marriage certificate yet? After we received the marriage certificate do you think I should reapply for a new visa exemption? Thank you again for your help.

How did you get the visa exemption if you were not married?? This is the 5 year visa exemption correct??