Vietnamese Wife wants to Visit US

[Boiler 45,467]

2 minutes ago, Jho369 said:

People are still unfamiliar with communist unwritten rules are beyond me. But according the the law, everyone in VN can just apply AND pass for a tourist visa to the US right? 

Of course they can apply, being approved depends on the specifics of their case.

[Jho369 13]

4 minutes ago, Boiler said:

Of course they can apply, being approved depends on the specifics of their case.

 

[millefleur 5,046]

Now that we are back on topic, @Jho369 it will be very difficult for your wife to overcome immigrant intent with a USC spouse. The problem is she has to apply on her own, you are not able to support her application in any way. It is possible to bring documents explaining the situation but the CO is not obliged to look at these docs in order to make the decision. The only things required for the decision are the DS-160 and the interview.

 

What can your wife show that she has strong ties to her life with you in Vietnam? Does she have a job or anything she can mention to show that there is no intention to move to the US?

 

The plan to spend 6 months in the US and 6 months in Vietnam is extremely tricky. Even if your wife did get a B visa, her stay period will be decided at POE by the CBP officer, and there's no way you can guarantee that she will always be admitted for 6 month periods.

[USS_Voyager 1,972]

39 minutes ago, Jho369 said:

People are still unfamiliar with communist unwrittened rules are beyond me. 

Huh? I am Vietnamese, I had lived half my life under “communist rule” and I haven’t the foggiest idea what you’re talking about

 

42 minutes ago, Jho369 said:

But according the the law, everyone in VN can just apply AND pass for a tourist visa to the US right? 

 

No, only people who have strong ties to VN pass. I am a strong believer in “the system”. It’s not perfect but for the most part, it works, like how it’s supposed to.

 

 

[USS_Voyager 1,972]

6 minutes ago, millefleur said:

 

 

The plan to spend 6 months in the US and 6 months in Vietnam is extremely tricky. Even if your wife did get a B visa, her stay period will be decided at POE by the CBP officer, and there's no way you can guarantee that she will always be admitted for 6 month periods.

 

Also, US only issue visa of maximum duration 1 year for Vietnamese citizens due to reciprocity policy, so she has to get a new visa every year.

 

Look, I get what you’re planning to do (I fact, my wife and I might be doing the same thing when we’re retired but we’re both dual citizens US and VN), all we’re saying is, it’s not realistic for your situation right now.

 

 

[millefleur 5,046]

2 minutes ago, USS_Voyager said:

Also, US only issue visa of maximum duration 1 year for Vietnamese citizens due to reciprocity policy, so she has to get a new visa every year.

In that case, applying for a spousal immigrant visa almost makes more sense.

[EM_Vandaveer 2,408]

29 minutes ago, millefleur said:

In that case, applying for a spousal immigrant visa almost makes more sense.

Doing this, going to the US to visit then returning to VN & voluntarily giving up the GC may result in a tourist visa. Convoluted, expensive and not guaranteed but still an option.

[SusieQQQ 11,586]

Before applying for a green card just to give it up, I’d suggest at least taking evidence of all the factors showing that the husband has significant ties to Vietnam. Yes they may not look at it, but it’s the best shot the wife has at showing that her husband is not an incentive to stay in the US.

[USS_Voyager 1,972]

2 hours ago, Jho369 said:

My source is my Mom’s friend in VN. She failed the 2nd interview because they stayed longer than said. They didn’t break the rules, they just didn’t leave and stayed until their visa expired. They couldn’t interview again for another 4 years. 

Hmm actually there is validity to this. I found this (attached screenshot). Link, question #20 or so. I was surprised myself. I believe this might be just a local thing, not a universal policy for all Embassies and Consulates. Thoughts?

https://vn.usembassy.gov/visas/nonimmigrant-visas/frequently-asked-questions-nonimmigrant-visas/

This of course, is not really relevant to the situation of the OP.

2 hours ago, Boiler said:

There is no provision to bar anyone applying to visit, pay your money and you get interview 

 

1 hour ago, Ryan H said:

 

 

2 hours ago, aaron2020 said:

 

You are essentially repeating rumors.  Bad rumors.  

 

[Boiler 45,467]

That would be common to all Consulates.

[SalishSea 17,818]

2 hours ago, Jho369 said:

People are still unfamiliar with communist unwrittened rules are beyond me. But according the the law, everyone in VN can just apply AND pass for a tourist visa to the US right? 

So the American citizens working in the consulate in VN are corrupt commies?  I had no idea.

[Jho369 13]

17 minutes ago, Jorgedig said:

So the American citizens working in the consulate in VN are corrupt commies?  I had no idea.

Because that is what exactly what I said...you must think everyone works for the consulate are American😂😂😂

[SalishSea 17,818]

Just now, Jho369 said:

Because that is what exactly what I said...you must think everyone works for the consulate are American😂😂😂

No.....I KNOW they're not all American.  BUT, I also know they're not all corrupt commies.   

[Jho369 13]

Just now, Jorgedig said:

No.....I KNOW they're not all American.  BUT, I also know they're not all corrupt commies.   

You’re probably right. It’s not like they go around and say they are corrupted. But apparently thats what I said 🙄. They are ALL corrupted 🤦‍♀️

[geowrian 22,337]

1 hour ago, USS_Voyager said:

Hmm actually there is validity to this. I found this (attached screenshot). Link, question #20 or so. I was surprised myself. I believe this might be just a local thing, not a universal policy for all Embassies and Consulates. Thoughts?

https://vn.usembassy.gov/visas/nonimmigrant-visas/frequently-asked-questions-nonimmigrant-visas/

This of course, is not really relevant to the situation of the OP.

This is the case for every embassy & consulate. If they believe you are not using the tourist visa for the purpose stated, they may revoke the visa and/or deny future applications.

it's not a bar to reapply, though. It's just that they won't trust you, and credibility is the biggest factor in any subsequent NIV application.

There is no unwritten rule. There is no conspiracy. The COs and/or CBP just get suspicious of one's actual intent if one says they will be there for only a couple weeks/months then stay for much longer.

 

35 minutes ago, Jho369 said:

you must think everyone works for the consulate are American

The individuals responsible for making the decision to issue a visa or not are American.