US Immigration from Vietnam

I am in the situation where my accountant is ready to file my taxes but if I file married filing separately she says it will take 4 - 6 months to be processed by the IRS since it has to be mailed in.

My questions:

(Note: I cannot get the tax transcripts due to being out of the country and not having a US phone number)

1. When submitting my tax filings to the NVC does it matter if it has been processed yet or does it just matter that I have filed them?

2. If I file as single now (and later amend the return) will that impact my wife's ability to get her visa?

3. Are there other things I am overlooking that I should consider?

4. What is the best course of action here?

Thank you!

Hello everyone, I have a question. So I am a US citizen and I am sponsoring my parents to the States. If I get divorce with my wife now will it effect the petitions? Thanks and hope everyone have a good day!

Hi all,

New member, first post here. Once travel restrictions are lifted and K1 interviews resume in Ho Chi Minh City, Vietnam, do you recommend I fly there to be with my Fiance for her interview? I've read mixed experiences and opinions on this. I understand that they may not even allow me to stand next to her for the interview, but maybe it helps our case if the CO knows that I'm physically present? I also read here about a couple that probably would have been denied if the USC did not "save" the interview.

Thanks!

Dear all,

I am a US citizen filing IR1 and IR2 for my wife and my son (I am not yet qualified for citizenship transfer for my son so I had to submit I-130).

I am currently living with my wife and son in Vietnam.

We are now at NVC (documentarily qualified). We received emails from NVC stating that NVC is now working with US Consulate in Ho Chi Minh City in Vietnam for interview appointments.

My wife is 5 month pregnant (a baby girl is coming).

I understand that pregnancy is not a ground for expedite reason.

But it would be extreme hardship for us when my wife and my son got there Immigration visas and no papers for the new born baby. We won t be able to leave for the US leaving the baby behind. We are so ready to move.

Would it still be a reason for extreme hardship ground to get expedite?

I have got some leads from others on VJ and I have kept digging.

I have done some research but the more I read, the more I got confused.

Folks, enlighten me PLEASE, once and for all! Thank you very much for your time and patience!

I am not English native, Please ignore my typos and grammar mistakes.

There are two scenarios:

1. My wife give birth before the interview/visa issuance:

Because I am a USC so my upcoming baby won t be derivative of the mother, so she won t be able to be added to her mother s case.

- I will have to file a separate I-130 for the new born baby, is it correct?

- And later on, my wife and my son get the interview appointments and then visas issued. Visas will be valid for 06 months. Is there any way we could bring the baby with us while I-130 is pending?

- While the baby s I-130 is pending, can we extend my wife and my son s IVs to wait for the baby? Or we just keep rescheduling the interview appointments whenever they come available?

2. My wife give birth after the visa issuance?

- My wife could give birth in the US. Everything s done perfectly.

- But amid COVID pandemic. While international travelling is very hard and strict.

- Can we just stay in Vietnam and my wife gives birth. And then we do next step according to 9 FAM 201.2-3 (1)(a). Does it apply to us?

- What if my wife flew to GUAM island (which is nearest Vietnam) to admit and become a LPR and then come back to Vietnam to give birth? Will 9 FAM 201.2-3(1)(b) apply?

Quote

9 FAM 201.2-3 IMMIGRANT TRAVEL WITHOUT A VISA

(CT:VISA-1083; 06-08-2020)

An unexpired immigrant visa (IV), reentry permit, or other valid entry document is required of an immigrant under INA 212(a)(7) except as indicated below.

(1) Waiver for Certain Alien Children Not Required to Obtain Visas:

(a) Child Born After the Issuance of Parent's Visa: A child born after the issuance of a visa to an accompanying parent who will arrive in the United States with the parent and apply for admission during the period of validity of the visa issued to the parent is not required to obtain an immigrant visa.

(b) Child Born to an LPR: A child born of a Lawful Permanent Resident alien mother during a temporary visit abroad is not required to obtain an immigrant visa if

(i) seeking admission within 2 years of birth; and

(ii) accompanied by either parent, who is applying for readmission upon first return after the birth of the child. The accompanying parent must be found admissible for the accompanying child to be eligible for admission without an immigrant visa.

Note: In either instance the parent must present the child's birth certificate.

(c) Requiring Reentry Document of Child s Parent: The provisions of 9 FAM 201.2-3 paragraph (3)(b) above apply only if the alien parent is in possession of a valid Form I-551, a valid reentry permit, refugee travel document (lawful permanent resident only), an SB-1 visa, or other appropriate documentation consistent with 8 CFR 211.1(a). With respect to 22 CFR 42.1(d), it is irrelevant whether the visa issued to the accompanying parent is an initial visa or a replacement visa.

(d) Evidence of Parent-Child Relationship: To facilitate the admission of children under the provisions of 9 FAM 201.2-3 paragraph (3)(a) and (b) above you should instruct parents to have with them documentary evidence of the parent-child relationship.

Short version: our baby was born after submitting all but the police report to the nvc.(she will get a usa passport by CRBA) The police report will come in a day or two for my wife. Do i and my joint sponsor both need to submit another i-864 to adjust household count? Or can i just write a note/addendum to send along with the package(we still earn too little and my joint sponsor earns well above the poverty level)

Long version: My wife was pregnant and we started the nvc submissions. I did the i-864 and my father submitted a joint sponsors i-864 which he has a very nice job and can easily clear the poverty level. We submitted everything except the police report for my wife. That was delayed. It is due to be given to her in a few days.

meanwhile our daughter was born abroad. We plan on taking her to get a passport with a CRBA in a month or so when they are up to traveling. Both are healthy but resting.

now when her police report comes in do we (my dad and i)need to submit another i-864? We can t recall or cancel the one we sent already, but we can still add, or can i just write a note to explain seeing how i still don t earn quite enough and my father still earns plenty so the end result is the same?

thanks everyone