US Immigration from Vietnam

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.

I just received a rejection notice for the I- 765 that I submitted together with my AOS package last month in July. It said the fee is incorrect and the form is outdated. Since USCIS cashed my check, and I still don't have a NOA letter for my I485 yet.
What do I need to include in my package when I refile the form ? or Do I have to wait until my I485 is processed in order for me to refile the form?

Thanks in advance for your help.

Hi guy,

I would like to bring this topic to our forum for advising as well as sharing info to everyone. Presently I have been filing I-130 for my parents which was submitted and received on Mar 9, 2020. Before I filed this form, I was acknowledged that I should be in the US. Logically I agree with that requirement because the government needs to ensure our residency to guarantee the sponsors' life in the US. Therefore, I havent been out of country since submitting I-130 till now. In fact, I have a business in Vietnam, but I cant do anything for it in person for this issue. I have been managing it remotely for all the time. I've shared my issue with my friend and she advised me that I can be out of the US during the time of filing as long as I still keep my residency permanently and a good finance for sponsoring. In case that my finance in the US is not enough to sponsor, I can ask help from any relatives/friend for joining. Moreover, since there is an interview noticed to my parents, I should flight back to the US if USCIS wants to reach out to me for investigating. At the present, my case is processing and IR-5 wont be removed the ban status till next year, so you can go back Vietnam and wait till my case is lifted up.

By that advice from my friend, is it true so that I can follow? if anyone knows it well, please share. Much appreciated to you guys!

I know I am late to the party. We were just told by the NVC we are documenteraly complete. So we were looking at the next step.

What is the deal with the ds-5540?

We have both been living in VN (i for 2 years, her for her whole life) is she supposed to fill it out by herself or with me? She has no tax history but i do. She just gave birth to our daughter (now officially a us citizen). She is not working. We did not plan on her working in the USA just me. Does she include my money in her assets? We have one joint account(in VN) and both of us still have a personal Account(mine in usa hers in VN) do we put all three? Does she list my tax returns?

also I have been working in VN and do not have health insurance or a USA job yet. I have some possibilities but because we don t have any appointment dates it is all speculation, the same with employers insurance or personal insurance.

so it will look like she will put diddly-squat on the form, is that going to be a problem despite, my well employed dad filled to be our joint sponsor?

thanks again for all the help i have received while working to get to this point.

Hi All.

I'm AOS from F-1 (cancelled interview since March 19). My combo card expires Feb 20, 2021, so my "180 days prior to expiration" is August 25, 2020, but I rather wait a week or so to submit the paperwork. That makes me fall in the "new edition" of the I-765, which starts on August 25. The new fee structure (so no more fee waiving for I-485 AOS applicant, category c9) starts on October 2nd.

Let me know if I got this right:

- Someone applies before August 25: Old I-765 edition. No worksheet (only for DACA?). No fee for renewal on c9

- Someone applies on or after August 25 and before October 2nd: New I-765 edition. No worksheet (only for DACA?). No fee for renewal on c9 still.

- Someone applies on or after October 2nd: New I-765 edition. No worksheet (only for DACA?). Gigantic fees out the wazoo for c9.