New To the Process, Just got our i-797 (excited and still nervous)

[dn7309 0]

Ok I filed two petitions with USCIS to bring the two of them over the United States. I just got my i-797 last week. They made a typo on my birth date and address. I will call them to fix it while I am waiting for the next step. While I am still waiting I thought I ask around here on what to expect and what to do under my circumstances.

Here is a quick overview about myself and my situation

• I am 27 year old, my spouse is 37 (yes she is 10 years older than me)
  
• I am a US citizen and currently a pilot student in the United States Air Force
  
• Income wise I consider myself middle class so I am definitely above the 125% above the poverty level to support my spouse and step daughter. My spouse unfortunately is pretty poor making like 5-6 mil VND/month in a hair salon and her dead beat family is pretty much making her life harder than it to be (working 12 hrs/day to take care of her daughter and her family still steals from her)
  
• Been back and fourth to VN four times since 2007. No ticket stub but my passport stamps can validate my trips
  
• I known since I was young since she was literally the girl next door for as long as I can remember.
  
• I left VN when I was 6, came in 20 years later. Didn't see her. Went back to VN again in 2012 ran into her and we just "hook" up.
  
• We did not have a wedding in VN or plan to. I will want to have an Air Force Military style wedding she gets here.
  
• My mom is currently in VN and I can't stand my her. My mom doesn't approve our union because she rather match me up with some richer younger Vietnamese girl so I can give her a ticket to the US so my mom can cash in (typical fake VISA gig). I also hate my spouse's family because they're greedy and selfish A***Holes. This means we don't have a typical wedding or wedding photos.
  
• My mom still harasses my spouse in VN
  
• My mom in VN is threatening to sabotage the process by going to the ward or consulate and tell them my wedding is fake and I'm doing a fake VISA (which I am not, since my spouse have nothing of monetary value like money to offer me other than being with her). If she can't stop me from marrying my spouse, she figure she'll find another way to keep us apart.
  

Ok so my are my questions

• What can I expect to happen in a couple of months now that I received my i-797?
  
• Without the typical wedding pictures as proof, is that an automatic fail? We do not like to take pictures, but we got some intimate pictures and when I'm in the US we FaceBook message all the time
  
• Do I have to be at the consulate for the interview with my spouse? The way it looks like now, the Air Force doesn't let student take a break from training because if I miss any part of training I will have to start over therefore wasting the taxpayers money.
  
• And lastly, can my mom really sabotage us?
  

Edited June 16, 2014 by dn7309

[Anonymous885 44]

1) Your petition will forward to NVC to assign a case number and then it will forward to HCM Consulate.

HCM Consulate will send her a letter or what we called " package 3" which tells her to fill out DS-160 online and then send DS- 160 confirmation page, 2 passport size photo, photocopy of passport back to Consulate. I am not sure about her kid ( K-2 visa), but I will assume her kid will do the same as her. She has to pay the visa fee for her and her kid and then she can schedule the interview date online. However, she also needs to make an appointment for medical exam and get the vaccines done BEFORE interview date.

You need to fill out I-134 and get all the supports documents such as letter of employment, paychecks, the most recent tax transcript for 2013 (I would also include 2011, and 2012 if I have) on IRS website, and then send it to her.

2) You are supposed to not having wedding pictures because you are doing K-1( engagement) not CR-1 visa. It would be better to have engagement pictures but if you dont have it, then I dont think they will fail you for that. They might ask more proof about your relationship.

Even though you dont like to take pictures but then you have to take it anyway lol.

3) No, you dont have to be at interview date with her.

4) I dont think your mom will do that. However, she can file a complaint but she needs to have a proof of what she said.

I would not worry on your mom.

I want to mention something else about HCM Consulate because they are one of the difficult Consulate. In fact, your fiancee is older than you and have kid. You need to prove your relationship. Did you meet her the first time in 2012 and then file I-129F? Did you see her again after 2012?

Lastly, you need to call USCIS quickly to get fixed the date of birth, etc.

[dn7309 0]

Yea I've back to VN after 2012, 2013 is when we officially got married in VN court. But I want to be clear that she is already my wife since we did got married in court. It seem when I ask people, they seem to be confused whether I am married or not.

the military and USCIS recognized me as being married with the supported court documents, even from VN. I'm just worry about the consulate may not recognize it.

Edited June 16, 2014 by dn7309

[dn7309 0]

someone pointed out that I put K1 Visa on my profile. My apology for the confusion. I got clickly happy in the registration process to get it over with and didn't realize I have two more drop down to go. Changed to K3. Again sorry for the confusion.

[Anonymous885 44]

So you are not K-1 visa. Did you submit I-129 F or I-130 or both?

[nightingalejules 678]

If you are legally married and have a marriage certificate to prove it, you are married and the US government will accept it. I see, though, why people might be confused... In your first post, you did mention that she was your spouse, but then went on to talk about the 2 weddings you didn't have. If you emphasize that you didn't get married in VN and that you plan to get married in the US it makes sense that people might think you're not married.

Better to say that you got legally married in VN and that you plan to have another ceremony/party to celebrate your marriage when you reunite in the states. It might hurt your chances at your interview if you give the impression that you're not married.

[Anonymous885 44]

Good point Nightingalejules

The fact is that he was listed K-1 under his profile so that is more confusing. He has changed to K-3 now.

[dn7309 0]

Yea, I filed a i-130 and got a i-797 now

[Anonymous885 44]

If you only filed I-130 and you are married less than 2 years, then it is CR-1 not Ks visa.

[Pitaya 2,577]

Welcome to the forum.

[Simeon 25]

• What can I expect to happen in a couple of months now that I received my i-797?
• Without the typical wedding pictures as proof, is that an automatic fail? We do not like to take pictures, but we got some intimate pictures and when I'm in the US we FaceBook message all the time
• Do I have to be at the consulate for the interview with my spouse? The way it looks like now, the Air Force doesn't let student take a break from training because if I miss any part of training I will have to start over therefore wasting the taxpayers money.
• And lastly, can my mom really sabotage us?

Welcome to VJ! I would start reading through the copious amount of material on VJ. Such as processing times and CR-1 guides. Did you happen to do Direct Consular Filing (DCF)? Or did you file from the US? Not sure if your training is in VN or the US?

[dn7309 0]

Welcome to VJ! I would start reading through the copious amount of material on VJ. Such as processing times and CR-1 guides. Did you happen to do Direct Consular Filing (DCF)? Or did you file from the US? Not sure if your training is in VN or the US?

We got our marriage certificate in VN and I filed two i-130 petitions for my spouse and step daughter in the US. I just followed what the USCIS told me to do.

[bigdog 376]

Welcome.