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Bringing a Vietnamese citizen to the US on a Fiance visa

 
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loerzel



Joined: 30 Nov 2007
Posts: 21

PostPosted: Thu Feb 27, 2014 11:40 am    Post subject: Bringing a Vietnamese citizen to the US on a Fiance visa Reply with quote

Hello Everyone,

My fiancée was recently granted a United States K1-Visa. During the long application process it was surprisingly difficult to find help or advice from anyone with similar circumstances, (American citizen, living and teaching English in Vietnam for over three years, trying to bring a Vietnamese citizen to the US) so I wanted to throw a line out to those in a comparable situation. Feel free to PM me.
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Dream_Seller



Joined: 01 Feb 2014
Posts: 39
Location: United States

PostPosted: Thu Feb 27, 2014 5:10 pm    Post subject: Reply with quote

*More or less her travel will be restricted for 2 years UNTIL she gets a resident card (Green Card). DO NOT for any reason try to vacation outside the US until she has this magical card ..."Resident Card". Trust me...she will get deported if you don't. Happened to my father after celebrating his honeymoon across the border with his K1 Colombian wife. Congrats man just be smart and once you come to the U.S dont travel for 2 years.

_____


Here what happens after the interview and issuance of a K1:
She will have 6 months to enter the USA
You two must marry within 90 days of her arrival
She will have to go through the Adjustment of Status process (AOS) to obtain a green card
She will not be able to work right away; she will also have to apply for an Employment Authorization Document (EAD) while the AOS is pending
She can't leave the USA while AOS is pending unless she is granted Advanced Parole (AP)
EAD and AP are not issued "right away" but I think the time is not long (those familiar with EAD and AP can answer more accurately than me)

Here is what happens after the interview and issuance of a CR-1:
She will have 6 months to enter the USA
A green card will be issued when she arrives
She can work immediately

In both cases, when a green card is issued, it will be "conditional" which means it is valid for two years. Prior to the two years being up, you will file to have the conditions removed. Once conditions are removed, she will have a green card that will be valid for 10 years.
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mark_in_saigon



Joined: 20 Sep 2009
Posts: 792

PostPosted: Fri Feb 28, 2014 3:12 am    Post subject: Reply with quote

Did you find the site "Visa Journey"? That one should have just about everything you need.

On your other post, may I suggest that folks who want to discuss this do it by p.m. It will not last long as a topic, as it will create a lot of angst. I messaged the poster, and will be happy to copy anyone who has the interest, but think it is better to keep it low key and off the board itself.

Would just say anyone who really wants to know what happens in these cases, go to the Bangkok site that is well known, read the reader's submissions. If that does not clue you in, nothing will. Most are about Thailand, but you can search and find enough from VN as well.
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loerzel



Joined: 30 Nov 2007
Posts: 21

PostPosted: Fri Feb 28, 2014 5:49 am    Post subject: Reply with quote

Thanks Dream_Seller, that's about what I expected for the future.

Mark, I did check out Visa Journey, but most people posting there had a residence in their home country and were living there while petitioning for the K1-Visa. I couldn't find many examples of couples living abroad while applying.

To clarify, I'm finished with the process, and I'm now offering my humble advice to anyone who is in this situation.

On the topic of my other post, I think we have a misunderstanding, Mark. As much as I appreciate the condescending lecture/advice of your PM, I'm just curious to hear the stories of former esl teachers who have attempted to move back home after a long stretch abroad. I'll go ahead and clarify this on my original post as well.

As far as ruffling feathers, isn't displeasure and angst the foundation that Dave's is built on? Laughing Just kidding, I agree this is not the place for expressing marital discontent.
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GreatApe



Joined: 11 Apr 2012
Posts: 424
Location: South of Heaven and East of Nowhere

PostPosted: Sat Mar 01, 2014 11:54 pm    Post subject: Reply with quote

good information here.

--GA
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ExpatLuke



Joined: 11 Feb 2012
Posts: 408

PostPosted: Mon Mar 03, 2014 3:11 am    Post subject: Reply with quote

Why did you decide to get married in the US? Wouldn't it have been easier to get married here in Vietnam and then apply for a spouse visa? I've heard that's easier to get than the fiance one.
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loerzel



Joined: 30 Nov 2007
Posts: 21

PostPosted: Mon Mar 03, 2014 6:09 am    Post subject: Reply with quote

Would a CR-1 offer a better chance of an approval? I’ve read stories online going both ways, but I’ve never personally met anyone approved or denied, so I can’t say.

The spouse visa requires roughly the same amount of preparation and documentation as a K1. To go that route, you’re looking at about the same time frame for the application process on the U.S. end, plus an additional six months or so of self-inflicted Vietnamese bureaucracy while applying for the local marriage certificate.

A CR-1 definitely has the advantage of a green card on arrival and authorization to work immediately. For us, time was of the essence and dealing with Vietnamese officials quickly drains my life-force.
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