Vietnam B-1 Tourist Visa Question

[LeThanhTon 14]

Hello, newbie question here. I was splitting my time between the US and Vietnam for the last 3-years (6 months Vietnam, 6 months US per year) until the COVID pandemic happened and now I am somewhat "stuck" in Vietnam. I've been dating a Vietnamese woman since March 2019, and got engaged later that year. We got married in Vietnam in June 2020 (that was a nightmare experience). The plan is to file a CR-1 and I-130 online but we all know that process will take a year. The fiance has never visited the US but by Vietnamese standards she's relatively well off (owns a coffee shop, ao dai dress brand, house in D-7 in HCMC, and a car0. I don't think she poses much of a flight risk on paper.

 

My question is should I apply for the CR-1 and B-1 visas at the same time? Or should we apply for the B-1 tourist visa first? Or vice-a-versa. Thoughts and advice are greatly appreciated. Thank you.

[Duke & Marie 1,389]

You’re never stuck, USC can return to the USA at any time, you just need to book a flight 

 

Do both, they go to different departments... but unlikely she’ll get a tourist visa being married to a USC (which she’ll have to disclose) making her high risk for AOS.. 

[aaron2020 11,651]

US Consulate HCMC isn't processing visitor visas right now.  

You should start the CR-1 spousal visa process right now.  It'll be 12-18 months before she can interview for an immigration visa.  When the consulate starts processing visitor visas again, she can apply then.  

[geowrian 22,337]

IMHO, normally applying for the tourist visa first would be preferable. Doing so after filing the I-130 might pose an additional question about intent.

That said, as noted above, they are not generally processing tourist visas right now and it's unknown when they will resume. At this point, I would say start the I-130 process now and try for the tourist visa later...the only thing you have to lose is the $160 application fee and any travel costs to get there and back.

Edited August 17, 2020 by geowrian

[LeThanhTon 14]

2 hours ago, Duke & Marie said:

You’re never stuck, USC can return to the USA at any time, you just need to book a flight 

 

Do both, they go to different departments... but unlikely she’ll get a tourist visa being married to a USC (which she’ll have to disclose) making her high risk for AOS.. 

True, there's been two monthly Vietnam Airlines flights from HAN-SFO, and SGN-IAD. The painful part is quarantining for up to 16 days when  returning to Vietnam. Although now you can pay to quarantine at a hotel.  

 

I always thought an AOS wasn't an option if you were already married, no? And thus easier to get a B-1/CR-1 versus a B-1/K-1? Cheers.

[LeThanhTon 14]

2 hours ago, aaron2020 said:

US Consulate HCMC isn't processing visitor visas right now.  

You should start the CR-1 spousal visa process right now.  It'll be 12-18 months before she can interview for an immigration visa.  When the consulate starts processing visitor visas again, she can apply then.  

The US Embassy in Hanoi is accepting non-immigrant visa interviews now (I have an appointment for the wife in early Sept), and my friend just successfully passed her CR-1 interview in HCMC. 

[geowrian 22,337]

3 minutes ago, LeThanhTon said:

I always thought an AOS wasn't an option if you were already married, no? And thus easier to get a B-1/CR-1 versus a B-1/K-1? Cheers.

It is illegal to use a B visa with the intent to stay in the US / file AOS. But once in the US on a B visa, it is legal to file for AOS, and preconceived intent is not a sole reason to deny it.

As such, there is a risk when considering to issue a visa that the applicant will use the visa to enter the US and then file for AOS. To help mitigate this before it happens, they often refuse the tourist visa out of caution.

[SusieQQQ 11,586]

9 minutes ago, LeThanhTon said:

The US Embassy in Hanoi is accepting non-immigrant visa interviews now (I have an appointment for the wife in early Sept), and my friend just successfully passed her CR-1 interview in HCMC. 

A B visa appointment? (CR/IR were the first visa interviews to restart a few weeks back so that’s not a surprise)

 

This is the latest website update on NIVs - so interesting if they are scheduling B visa appointments 
 

The U.S. Embassy in Hanoi and Consulate in HCMC are pleased to announce the resumption of visa processing for limited nonimmigrant visa categories, including student visas, beginning July 15. Applicants may apply in the following categories: F, M, certain J (alien physician, government visitor, international visitor, professor, research scholar, short-term scholar, specialist, secondary school student and college/university student), C1/D, E, I, O, and P. ....

...Interviews for all other visa categories, including B1/B2, remain suspended.

 

https://vn.usembassy.gov/partial-resumption-of-non-immigrant-visa-processing/

Edited August 17, 2020 by SusieQQQ

[WandY 430]

12 hours ago, geowrian said:

It is illegal to use a B visa with the intent to stay in the US / file AOS. But once in the US on a B visa, it is legal to file for AOS, and preconceived intent is not a sole reason to deny it.

As such, there is a risk when considering to issue a visa that the applicant will use the visa to enter the US and then file for AOS. To help mitigate this before it happens, they often refuse the tourist visa out of caution.

Good answer. Being familiar with Vietnam, I'll add a caution not to take even the slightest chance with visas/immigration in Vietnam - even if the intent is real, imagined, or may otherwise be misconstrued.