Police clearance check required for K1 from previous residence in Vietnam?

[christmascowboy 46]

Between 2007-2010, I lived in Ho Chi Minh City, Vietnam.

 

According to the screenshot below from the reciprocity table on travel.state.gov, one might turn up to a K1 (nonimmigrant) visa interview without having obtained a police record. 

 

However sometimes K1 is treated as an immigrant visa, so can anyone advise with authority on whether I am exempt from gaining the police check, or whether not having one is actually necessary and likely to lead to delays and a 221g being issued?

 

 

[powerpuff 6,708]

It’s required for all K-1 applicants.

[christmascowboy 46]

5 minutes ago, powerpuff said:

It’s required for all K-1 applicants.

Thanks for your straightforward response. 

 

However, in this case I'll need a little more convincing/reassurance it is required at the visa interview stage.

 

"The applicant must present themselves to the National Center of Criminal Records (in Hanoi) or grant authority to someone to apply on his/her behalf." Neither of these options are feasible, so might it not be waived at K1 visa interview? Probably still required at the AOS stage once in the US?

 

 

[powerpuff 6,708]

A simple google search would demonstrate that it is a required document at the interview stage. Here’s what I found on official US government websites:

source: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#6

 

furthermore, it’s clearly indicated on the US embassy Vietnam website that it is required for immigrant visas and K-1s are included in that. K-1s are processed by the immigrant visa unit at every US consulate/embassy. 
https://vn.usembassy.gov/visas/immigrant-visas/required-documents/

It also states this “You are responsible for ensuring that all required documents are available at the time of the interview.  Please verify you have all required documents to prevent multiple trips to the Consulate.” 

 

to add, this is from travel.state.gov website where you click on K-1 visa category and scroll down to “police, prison, court records” tab:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/VietNam.html

 

A scenario where it could be waived (in my mind) is if an applicant is from a country where a civil war is/was taking place and it would be impossible to get it or if he/she is a refugee, political asylum seeker, etc. you get the gist.

Edited January 17, 2021 by powerpuff

[christmascowboy 46]

Okay thanks a lot! I appreciate you looking into this. It's what I expected, but needed a fresh pair of eyes to look at it.

 

It's the whole "nonimmigrant" visa thing which was giving me doubt. I think I was also mixing up the option to get any vaccinations required at the adjustment of status stage once actually in the country, and married.

[powerpuff 6,708]

7 minutes ago, christmascowboy said:

Okay thanks a lot! I appreciate you looking into this. It's what I expected, but needed a fresh pair of eyes to look at it.

 

It's the whole "nonimmigrant" visa thing which was giving me doubt. I think I was also mixing up the option to get any vaccinations required at the adjustment of status stage once actually in the country, and married.

Yeah I understand. I don’t even know why it’s a non-immigrant visa where it is pretty much not treated as such at any stage of the process 😄 btw I believe police certificates are not required at the AOS stage. 
 

about the vaccinations, I was also thinking to just get them in the US when I begin the AOS process. However, I changed my mind because apparently it is quite difficult to find a surgeon general that would just do the vaccinations. Most of the time they also make you redo your medical and, of course, you have to pay for that. Anyway, this is just an FYI tidbit and something to also consider. 

Edited January 17, 2021 by powerpuff

[Greenbaum 12,259]

2 hours ago, christmascowboy said:

Between 2007-2010, I lived in Ho Chi Minh City, Vietnam.

 

According to the screenshot below from the reciprocity table on travel.state.gov, one might turn up to a K1 (nonimmigrant) visa interview without having obtained a police record. 

 

However sometimes K1 is treated as an immigrant visa, so can anyone advise with authority on whether I am exempt from gaining the police check, or whether not having one is actually necessary and likely to lead to delays and a 221g being issued?

 

 

It's a required document if you have lived in that country from the age of 16 for more than 6 months. It is not dependent on your visa type but the fact that you lived there for that length of time. Follow what is outlined from the reciprocity table. 

[payxibka 10,045]

2 hours ago, powerpuff said:

Yeah I understand. I don’t even know why it’s a non-immigrant visa where it is pretty much not treated as such at any stage of the process 😄 btw I believe police certificates are not required at the AOS 

For it to be an immigrant visa requires a family relationship 

[Mike E 11,739]

I will offer a contrary experience.  
 

Based on the unequivocal remarks on visajourney, I sent my fiancée, Iris, on a grand tour of Myanmar and south East Asia to get police certificates of every place she had lived in for more than 6 months.  
 

$5000 or so later, all these beautiful police certificates were obtained.  Except for Yangon, getting  police certificates in Myanmar in places where you don’t live is all but impossible.  You have to know people who have influence with the police.  
 

Then of course there is the pleasure of getting a police certificate from Singapore.  Miraculously Iris had a document that listed her alien number and once she was in Singapore it was simple enough to get it.  
 

So having secured all these police certificates we notified the embassy that we were ready to schedule an interview.  
 

And here was their priceless $5000 response:

 

After reviewing your case, you are required to bring the following documents on your interview date.

 

Additional form

Visa fees ($265)

Two Photos (2 x2 inches with white background and without glasses)

Original and English notarized police Certificate from Nyaungshwe

Any relationship proof such as the photos with the petitioner

Original passport Original

English notarized birth cert (or )

Original and English notarized letter from health department

Original and English notarized copy of identity card

 

BTW do you see what else is missing from the above? I will award a gold star to person that catches it.  
 

Iris did bring all her police certificates and indeed they just took the one from her then city of residence, Nyaung Shwe.  
 

After Iris entered the USA, we mentioned this to her lawyer.  The lawyer said that K-1s are not required to have the same set of police certs as CR1s. 
 

My advice is to get police certificates that the embassy asks for and not what you think the embassy wants.  

[christmascowboy 46]

That’s good to know. I would expect the Japanese embassy would want everything. I want to get a jump on these certificates (I also need one from the UK, Japan, and from Costa Rica- but they should all be fairly straightforward). If I can get the Vietnam one done early, without being held to ransom from afar, I may as well. If it turns out I have to travel over there, or pay through the nose for the service, I’ll wait to confirm it’s actually on the embassy list of requirements.

 

Just to clarify- I’m not going to get the police check from my current country until the embassy contacts me- but since police checks are valid for 6 months to a year (or longer if you don’t reenter the country), I want to be in a position to apply for the others once I get NOA2.

[Orangesapples 1,954]

5 hours ago, Mike E said:

I will offer a contrary experience.  
 

Based on the unequivocal remarks on visajourney, I sent my fiancée, Iris, on a grand tour of Myanmar and south East Asia to get police certificates of every place she had lived in for more than 6 months.  
 

$5000 or so later, all these beautiful police certificates were obtained.  Except for Yangon, getting  police certificates in Myanmar in places where you don’t live is all but impossible.  You have to know people who have influence with the police.  
 

Then of course there is the pleasure of getting a police certificate from Singapore.  Miraculously Iris had a document that listed her alien number and once she was in Singapore it was simple enough to get it.  
 

So having secured all these police certificates we notified the embassy that we were ready to schedule an interview.  
 

And here was their priceless $5000 response:

 

After reviewing your case, you are required to bring the following documents on your interview date.

 

Additional form

Visa fees ($265)

Two Photos (2 x2 inches with white background and without glasses)

Original and English notarized police Certificate from Nyaungshwe

Any relationship proof such as the photos with the petitioner

Original passport Original

English notarized birth cert (or )

Original and English notarized letter from health department

Original and English notarized copy of identity card

 

BTW do you see what else is missing from the above? I will award a gold star to person that catches it.  
 

Iris did bring all her police certificates and indeed they just took the one from her then city of residence, Nyaung Shwe.  
 

After Iris entered the USA, we mentioned this to her lawyer.  The lawyer said that K-1s are not required to have the same set of police certs as CR1s. 
 

My advice is to get police certificates that the embassy asks for and not what you think the embassy wants.  

My experience was the contrary. The embassy definitely took the police certificate from a country I had lived in prior

[Purcari1984 25]

8 hours ago, Mike E said:

I will offer a contrary experience.  
 

Based on the unequivocal remarks on visajourney, I sent my fiancée, Iris, on a grand tour of Myanmar and south East Asia to get police certificates of every place she had lived in for more than 6 months.  
 

$5000 or so later, all these beautiful police certificates were obtained.  Except for Yangon, getting  police certificates in Myanmar in places where you don’t live is all but impossible.  You have to know people who have influence with the police.  
 

Then of course there is the pleasure of getting a police certificate from Singapore.  Miraculously Iris had a document that listed her alien number and once she was in Singapore it was simple enough to get it.  
 

So having secured all these police certificates we notified the embassy that we were ready to schedule an interview.  
 

And here was their priceless $5000 response:

 

After reviewing your case, you are required to bring the following documents on your interview date.

 

Additional form

Visa fees ($265)

Two Photos (2 x2 inches with white background and without glasses)

Original and English notarized police Certificate from Nyaungshwe

Any relationship proof such as the photos with the petitioner

Original passport Original

English notarized birth cert (or )

Original and English notarized letter from health department

Original and English notarized copy of identity card

 

BTW do you see what else is missing from the above? I will award a gold star to person that catches it.  
 

Iris did bring all her police certificates and indeed they just took the one from her then city of residence, Nyaung Shwe.  
 

After Iris entered the USA, we mentioned this to her lawyer.  The lawyer said that K-1s are not required to have the same set of police certs as CR1s. 
 

My advice is to get police certificates that the embassy asks for and not what you think the embassy wants.  

Are you missing the evidence of support?

 

I just went through this police report fiasco with my fiance......she lived in Beijing for 3 years while working for a Chinese carrier.  Her Police cetificates were required by the embassy and were checked during her K1 interview.  We were able to hire an agency in China to help us secure these documents in time;  I hope of the OP's sake that there are services in Vietnam that would be able to assist.

 

 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Diane and Chris 651]

8 hours ago, Orangesapples said:

My experience was the contrary. The embassy definitely took the police certificate from a country I had lived in prior

Same here. My husband is from Switzerland and attended school in Germany when he was 16. He had to get a police certificate from there as well.  Always be prepared.