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rcearley

Is "Certificate of Marriagability" needed with Form I-129F?

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Filed: Timeline

I'm helping an american friend and my sister in law in vietnam do their K1 fiance Petition. We just started the paperwork and my sister in law is trying to obtain a "Certificate of Marriagability" document in Vietnam. We were surpirsed that the immigration office in Vietnam said that the finace must do an interview to get this document. They scheduled the interview for 2 weeks out. Note that this isn't the same interview that determines your K1 approval , but rather an interview to determine if you can get your "certificate of marriagability"

I talked to an immigration person in Vietnam and they said that the "Certificate of Marriagability" isn't needed at this stage of the process. I talked to an immigration person here in the U.S. and they said that I needed to submit the "Certificate of Marriagability" doc with the I-129F form.

Which is correct? Do you need this certificate when sending in the I-129F?

My sister in law is concerned that if she doesn't pass the interview for getting this certificate, that she will not have another chance. Also, the immigration people in Vietnam are not very friendly in providing answers and like to give you the runaround. If the document isn't required at this stage, we will try to cancel the interview - since they may be wanting her to answer questions that one would only know, if they have been in a relationship for many months, where as, these two have only known each other for a short period of time.

Thanks.

Edited by rcearley
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Filed: AOS (pnd) Country: China
Timeline

Please see my I-129F Cover Letter, which itemizes everything I sent in and got approved.

I had to submit my final divorce decree (just a copy for now, but they are requesting

the original certified copy for K1 interview later at the embassy).

My fiancee in China never married, so we didn't send in any marriage record document,

and it was fine.

However, she will need to bring that to the interview at embassy later.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Filed: AOS (pnd) Country: Philippines
Timeline

we would think just interview

April 15, 2014 : I-129F Package Sent

April 19, 2014 : I-129F Package Delivery Confirmation via USPS

April 24, 2014 - NOA1 received via email/text

April 25, 2014 - Alien Registration Number changed

April 28, 2014 - NOA1 received in mail.

May 23, 2014 - RFE received in mail.

June 5, 2014 - Response to RFE Sent

June 11, 2014 - NOA2 Approval via website!!!

June 14, 2014 - NOA2 received in mail.

June 24, 2014 - NVC Case # via phone!

June 25, 2014 - NVC forwarded case to Embassy

June 26, 2014 - Embassy received case.

June 26, 2014 - NVC letter in mail.

August 4-5, 2014 - Medical

August 6, 2014 - CFO Seminar

August 13, 2014 - VIsa Interview (Expedited)

August 19, 2014 - VISA ready for pick up!

August 20, 2014 - Packet 3 Arrived

August 26, 2014 - POE!

August 26, 2014 - Notice to schedule an Interview...

October 23, 2014 - AOS/EAD Package Sent

October 30, 2014 - NOA1 via website

November 1, 2014 - NOA1 received in mail

November 6, 2014 - Biometrics Appointment Scheduled in mail

November 19, 2014 - Biometrics Appointment

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K1 Process to Vietnam Regional Forum~

~At this stage of the process, instructions/requirements are often country/embassy-specific~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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I do not believe the certificate is required for a K-1 Visa. However, in my case, to preempt any possible delays in getting the visa in a timely manner, I went ahead and asked my fiancee to obtain one. I do not know where your sister-in-law lives, but in Da Lat, all it took was a trip to the Uy Ban Nhan Dan where my fiancee lives. It took a week to get one and she got it without any issues (or bribe money paid). No interviews.

The immigration people that you spoke to apparently did not know everything. No certificate is required when sending in the I-129F. Like johnim said, if the petitioner had been married, then he/she would need to send a copy of the divorce decree (or death certificate) but nothing is required from the beneficiary side.

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rcearley

here is the link to general guidelines for what items are needed for K1-Fiance (I-129F) VISA application.

The application & required documents must be completed & collected + submitted by the petitioner (US citizen) to the regional processing center (california, texas or vermont). all of the items should be complete & as much as possible, more is always better.

http://www.visajourney.com/content/k1guide

Keep everything.

Make copies of everything.

"certificate of marriageability" is needed from both person, if they were applying for a formal marriage certificate to get married in VIETNAM.

K1 Visa

Service Center : Texas Service Center

I-129F ApplicationSent: 2014-01-02

I-129F status: 2014-01-08 Alien Registration Number was changed

I-129F NOA1: 2014-01-10

I-129F RFE(s): 2014-03-12 (additional evidence requested - to be married within 90 days)

RFE Reply(s): 2014-03-27 (sent evidence as requested)

RFE Reply(s): 2014-03-31 (RFE package received)

I-129F NOA2: 2014-04-03 = APPROVED (emailed & Text), letter send from TSC

I-129F NOA2: 2014-04-08 = received APPROVED letter

I-129F NOA2: 2014-04-09 = received email+text shipped approved case to DoS-NVC for visa processing

I-129F NVC: 2014-04-23 = "READY" status at NVC

I-129F USC-HCMC: 2014-05-27: Letter Received!!!! (aka: pkg #3)(sent by USC-HCMC on 2014-05-21)

I-129F DS-160: 2014-05-27: DS160 e-form completed/submitted & receipt - paid fee

I-129F K1 VISA: 2014-07-25: Interview appointment & VISA APPROVED!!!

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