Vietnamese Wife wants to Visit US

[USS_Voyager 1,972]

I feel like this thread has devolved from the original topic. There are now commies, corruption, conspiracy theory, special treatments, ....

[Jho369 13]

2 minutes ago, USS_Voyager said:

I feel like this thread has devolved from the original topic. There are now commies, corruption, conspiracy theory, special treatments, ....

And useless comments of your feelings. 

[SusieQQQ 11,586]

2 hours 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.

 

 

 

I’m not understanding what is different? There have been a couple of instances of people reporting issues with staying longer than their interview indications yet still within the i94, definitely not all from Vietnam. This doesn’t say anything about a ban period before you can reapply. In any case, it’s still irrelevant to OP, to whom questionable hearsay about one totally different individual case is meaningless even if the country of origin is the same.

Edited March 1, 2019 by SusieQQQ

[Ate 180]

5 hours ago, Stein said:

we really do plan to just visit my family and go back home to Vietnam.  What are your thoughts on a married couple (husband US citizen and wife Vietnamese) that own two houses in Vietnam, own my business in Vietnam and leaving behind her daughter with her parents in Vietnam just to visit in the US?  I know Vietnamese tourist visas are extremely difficult to get.  Is it worth the risk waiting a year and trying it?

 

I agree that being married to you and you residing long-term and having business interests in Vietnam would increase the likelihood of your future wife getting a tourist visa.  During her interview, she needs to highlight to the CO your plan to continue residing in Vietnam as her compelling reason to not overstay in the US.  She needs to be able to talk about why CR1 is not the right visa for her current situation.

 

I don't think she needs to wait a year after your marriage to apply for a visa.  If your family is not able to attend your wedding in Vietnam, it would make sense for the two of you to want to visit soon after you get married.

 

Good luck and I hope you update us.

 

 

[TBoneTX 45,267]

Administrative action has been applied against a member's account because of persistent derailing of this thread and ignoring an in-thread Moderation warning.  Thankfully, the OP has probably received helpful information amidst the garbage.

 

TBoneTX

VJ Moderation

[nastra30 2,284]

10 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. But this was 5 years ago. And if you dontknow the special treatment, let’s just not talk about it  

They broke the rule for overstaying their visa. And that's actually quite a serious violation of the visa rules. Not only will they get a ban but also leads to other people from Vietnam suffering the consequences due to the perception of overstays.

[EM_Vandaveer 2,408]

2 hours ago, nastra30 said:

They broke the rule for overstaying their visa. And that's actually quite a serious violation of the visa rules. Not only will they get a ban but also leads to other people from Vietnam suffering the consequences due to the perception of overstays.

As was previously stated, they did NOT overstay their time period allowed by the I-94 (6 months in this case). They said to the CO at the interview that they were going to visit the US for 2 months. Then stayed for 6 months instead thereby losing credibility in the Consulate's eyes. No ban.

Edited March 1, 2019 by EM_Vandaveer

[SusieQQQ 11,586]

1 hour ago, EM_Vandaveer said:

As was previously stated, they did NOT overstay their time period allowed by the I-94 (6 months in this case). They said to the CO at the interview that they were going to visit the US for 2 months. Then stayed for 6 months instead thereby losing credibility in the Consulate's eyes. No ban.

Maybe, maybe not. The person reporting that story even said “But yhen again, that’s what i heard. What actually happened could be completely different.” There was no explanation for the supposed 4 year bar or “special circumstances”. Hearsay/broken telephone and not relevant to OP.

[Stein 276]

9 hours ago, Ate said:

 

I agree that being married to you and you residing long-term and having business interests in Vietnam would increase the likelihood of your future wife getting a tourist visa.  During her interview, she needs to highlight to the CO your plan to continue residing in Vietnam as her compelling reason to not overstay in the US.  She needs to be able to talk about why CR1 is not the right visa for her current situation.

 

I don't think she needs to wait a year after your marriage to apply for a visa.  If your family is not able to attend your wedding in Vietnam, it would make sense for the two of you to want to visit soon after you get married.

 

Good luck and I hope you update us.

 

 

Thanks for that.  I think we will just go this route.  I really don't want to "burn" the CR1 visa as we will want to apply for it in the future.

Edited March 1, 2019 by Stein

[USS_Voyager 1,972]

2 hours ago, EM_Vandaveer said:

As was previously stated, they did NOT overstay their time period allowed by the I-94 (6 months in this case). They said to the CO at the interview that they were going to visit the US for 2 months. Then stayed for 6 months instead thereby losing credibility in the Consulate's eyes. No ban.

 

I understand that. I just didn't know that are consequences for staying more than what stated in the interview. I always thought as long as the CBP allows the person to stay 6 months, there is no problem. What if there are changes in plans after the visa issued but before the person depart? Say for example, a person was just planning to stay in the US for 2 months visiting a relative in California, but after he got the visa, one of his buddies invite him to stay for another 2 months going deep sea fishing with him in Texas. What is the person supposed to do? Contact the Consulate to notify them and re-interview? That seems bizarre. More likely than not, that person would just tell the CBP the story and ask if CBP grants him another 2 months, and if CBP approves, he would think that there is no problem.

[Boiler 45,467]

1 hour ago, Stein said:

Thanks for that.  I think we will just go this route.  I really don't want to "burn" the CR1 visa as we will want to apply for it in the future.

Not sure what you mean by burning, there is no such thing

Edited March 1, 2019 by Boiler

[Boiler 45,467]

7 minutes ago, USS_Voyager said:

 

I understand that. I just didn't know that are consequences for staying more than what stated in the interview. I always thought as long as the CBP allows the person to stay 6 months, there is no problem. What if there are changes in plans after the visa issued but before the person depart? Say for example, a person was just planning to stay in the US for 2 months visiting a relative in California, but after he got the visa, one of his buddies invite him to stay for another 2 months going deep sea fishing with him in Texas. What is the person supposed to do? Contact the Consulate to notify them and re-interview? That seems bizarre. More likely than not, that person would just tell the CBP the story and ask if CBP grants him another 2 months, and if CBP approves, he would think that there is no problem.

 

Well if you apply fora visa to visit the US, 2 weeks at Disneyland and then go back the following years having spent 6 months in the US, would you not expect a Huh?

[EM_Vandaveer 2,408]

12 minutes ago, Boiler said:

Not sure what you mean by burning, there is no such thing

You can re-apply for a spousal visa when you are ready to move to the US permanently...

[cyclone27 710]

Stick to what you tell the CO or their will be repercussions. It’s not that hard to fathom why someone’s credibility will be doubted if you say one thing yet do another.

 

i would deny future visas too!!!!

[Stein 276]

1 hour ago, Boiler said:

Not sure what you mean by burning, there is no such thing

I meant if we went with the CR1 visa now, got it, got the green card but then didn't stay in the US enough in the first year or two that the US government considers the green card abandoned and they cancel it the possibility exists that when we applied again at a later date it might not be approved again.