Top Ten Questions of Fiancée/Spousal Immigration Visa Information.
Congratulations of finally meeting that special Asian/Vietnamese woman and you both make each other feel so special that you?ve decided to tie the knot and start creating a new life together! What do you do now? Some Asian dating services and immigration discussion groups will tell you to simply file the paperwork with immigration and get the fiancée/spousal visa process going. Is it really that simple? Please read the following immigration questions and answers as prepared by the staff of True Vietnam Woman.
Call the Law offices of Mr. Alfonso Bascos at 1-773-404-8445 or email him at asblexis@aol.com
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Who is eligible to sponsor a fiancée?
Only US Citizens who are free to marry. That means your divorce must be final if you have been divorced.
Which is better K-1 fiancé or K-3 marriage visa?
It depends on where you live and what Citizenship & Immigration Service Center is processing your petition. Check http://www.ilw.com/immigrants/govttimes/ for CIS Service Center processing times.
The K-3 is supposed to be a shortcut for US citizens petitioning for spouses. In the past, US Citizen sponsors had to wait 1 -1 1/2 years to have an approved petition by a CIS Service Center. With the K-3 the wait has been cut to less than 6 months normally.
But neither the K-3 nor a K-1 are a green card. With a K-1 visa, you must marry within 90 days of her arrival in the US and then file for adjustment of status at the CIS District Office near you. She is officially out of status if you do not file within 90 days.
With the K-3 - you can wait up to 2 years or until the I-130 you originally filed with the Service Center is approved.
This is advantageous to people who are in a hurry to be with their beloved, but are not in a hurry to file adjustment of status applications at the CIS Service Center.
It is also an advantage if you want to give your wife a permanent green card rather than the conditional 2 year green card that is given to beneficiaries who have been married to their sponsor less than 2 years at the time of adjustment.
A spouse on a K-3 can enter & leave the US on that K-3 as long as it is valid. But she cannot begin to accrue time toward citizenship until she adjusts her status to permanent residence (green card).
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What about sponsoring her at the US Consulate in HCM City?
(1). Consulates do not process fiancé visas from scratch. They do not process K-3 visas from scratch. You must go through CIS for either a K-3 or a fiancée visa.
(2). Unless you live in Vietnam, the Consulate won't allow you to sponsor her on a DS-230 without first going through CIS in the States.
What about bringing my fiancé her on a tourist visa to see if she likes living here?
It is almost impossible for a single young person from any poor country like Vietnam to get a tourist visa to the US. If the fiancé is over 40, she has a better chance. But even then, the odds are not in her favor. To get any non-immigrant visa, (NIV), an applicant must prove he or she INTENDS TO RETURN to reside in the home country. That is nearly Impossible for poor people to prove. Sometimes the US Consulates will cut some slack with a single applicant if he or she is over 40 and has substantial ties to the home country, a good job, immediate family & a healthy bank balance for instance.
What about a student visa?
See my answer to #4. The same thing applies. Although if the fiancé already has a college degree, there is a higher possibility to pursue graduate studies in the US.
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I have declared bankruptcy or I may declare bankruptcy in the near future. Can I still sponsor a wife or a fiancée?
Yes. But your fiancé or spouse must prove to the consulate he or she will not become a "public charge", i.e., use any means-tested government financial assistance program. These include AFDC, Medicaid (non-emergency), or SSI. To overcome the public charge requirement, the sponsor must show ADJUSTED GROSS INCOME at 125% of the poverty line. (100% if you are military). This number changes every year and changes based on the number of dependents.
I don't make enough adjusted gross income to meet the 125% requirement. What can I do?
You can show assets at the value of $5 for every $1 you are lacking in adjusted gross income. Or you can obtain a joint sponsor willing to assume the affidavit of support obligations with you.
What evidence of adjusted gross income >125% of the poverty line must I provide?
3 years tax returns (1040's). 3 years W-2's (if you are not self-employed. Recent pay stubs, at least one within 30 days old. Letter of employment from employer on letterhead stationary, stating job, wage rate, and length of employment.
(If you are self-employed, letter of employment on your own letterhead and a bank statement in your company's name.)
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If my visa is approved by the CIS in the US, can the Consulate still deny my fiancée or spouse a visa?
Yes & No. A Consulate CANNOT revoke an approval by CIS. They can only send the approval back to CIS and recommend they deny it. But they must have substantial evidence to do so. Denials of approved visas by Consulates are by law required to be "extremely rare". And Consulates by law, are forbidden from "readjudicating approved petitions". But denials are not rare - and the HCM Consulate readjudicates petitions every day. But take heart --- if you present a solid case up front and are willing to assert your rights & stand your ground, the consulate will not deny you. They can only delay you. I personally know of cases where the CIS & HCM Consulate go back and forth for years. CIS approves the petition. The Consulate sends it back recommending approval be revoked and the CIS Service Center approves it a second time. The HCM Consulate sends it back a second time recommending approval be revoked.
There is a turf battle going on between the Department of State & the Citizenship & Immigration Service. You are paying for it with your tax dollars and you are caught in the middle. Even though a consulate can't revoke a CIS approval, it can stop your beloved from ever coming to the US. And it can and frequently does make your life a living Hell while you are waiting for their approval.
That is where your tax dollars are going - to the nice people at the US Consulate General in Ho Chi Minh City. In my experience, the people at CIS (formerly called INS), are pretty reasonable and are knowledgeable about the law. In my experience, the consulates are less reasonable and are less knowledgeable about the broad spectrum of immigration law. But the consulates have the most skilled interviewing officers. A CIS interview is a piece of cake compared to what they will put your beloved through at the US Consulate General in HCM City.
So it is wise to write a letter to your congressional representative or US Senator before you even start to deal with them.
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What evidence should I present to the Consulate?
Evidence that you & her are free to marry. (Mandatory).
Evidence of a Dam Cuoi or a Dam Hoi ceremony.(recommended).
If he or she have children - evidence that the other parent agrees to the children coming to the US.
Photos of you & your spouse/fiancée. Photos of you with your prospective in-laws & other family members.
Telephone records. I-864 or I-134 (*I submit both), w/evidence of ability to financially support your beneficiary. (See #8).
Evidence of your residence.Make sure you & your fiancé have the same understanding of how, where & when you first met. I have seen the HCM Consulate cause trouble over a discrepancy of 2 weeks.
If you are Vietnamese-American, your fiancée or spouse MUST know the names of your mother, father, where they were born, where they live now. It is unfortunate, but the HCM Consulate applies a different standard to Vietnamese-Americans than they do to native-born US citizens.
Evidence of your citizenship.
Her passport, birth certificate with translation and completed DS-230's.
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CONTACT INFORMATION:
If you have any questions for "TRUE VIETNAM WOMAN" that you would like to ask us about this feel FREE to contact us my email at truevnwoman@yahoo.com or by airmail and send to True Vietnam Woman, Attn: Wayne Myers, 1267 S. Pleasant Hill Gate, Waukegan, Illinois 60085, USA
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IMMIGRATION LAW:
U.S. IMMIGRATION VISA PROCEDURES
American Citizen-Foreign National Marriages
The Immigration and Nationality Act provides U.S. citizens with two options for facilitating the immigration of future spouses to the United States: the K-1 Fiancee Visa and the Alien-Spouse Immigrant Visa. In many cases, the processing time for a Fiancee Visa is shorter than that for an Alien Spouse. Fiancee Visa processing can take several months from the filing of the petition to the final adjudication of the visa. Total processing time for the Alien-Spouse visa can take 6-12 months depending on individual circumstances.
MARRIAGE IN THE UNITED STATES: FIANCEE VISA:
U.S. citizens may file an I-129F petition with Immigration & Naturalization Service (INS) for the issuance of a K-1 Fiancee Visa to an alien fiancee. A citizen exercising this option must remain unmarried until the arrival of the fiancee in the U.S., and the wedding must take place within three months of the fiancee's arrival. Also, the fiancee and the U.S. Citizen must have met personally at least once in the two years before the petition was filed. Please note that legal permanent residents may not file petitions for fiancee visas. They must marry abroad and then file an I-130 petition for the immigration of a new spouse.
MARRIAGE ABROAD: ALIEN-SPOUSE VISA:
If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse. This can be filed either with the Immigration and Naturalization Service (INS) in the United States, or, under certain circumstances, at U.S. Embassies or Consulates abroad. U.S. Embassies and Consulates have differing policies on approving I-130s and should be individually contacted about the availability of this service.
DOCUMENTARY REQUIREMENTS:
Documentary requirements for Fiancee Visa and Alien-Spouse Visa are similar. Documents needed from your fiancee or wife are:
Valid passport Birth certificate Divorce or death certificate of any previous spouse Police certificate from all places lived since age 16, Medical examination, Evidence of support, Evidence of valid relationship with the petitioner,Two photographs 1 and 1/2 inches square (37x37mm), showing full face, against a light background.
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ENTRY VISA RULES AND REGULATIONS:
Any foreigner or overseas Vietnamese wishing to visit Vietnam must fill out one 1 entry visa application form. Overseas Vietnamese born in Vietnam must enclose two 4cm by 6cm (2"x2") photographs; all other foreigners must enclose one photograph.
Enclose all forms and photographs with the passport and the visa fee.
The pictures should be of the head and shoulders only, taken without a hat. These pictures have to be no older than a year before the date of filing application.
The paper works must be sent to a Vietnamese diplomatic representative office (the embassies), or consulate general of the Socialist Republic of Vietnam, in the most convenient country.
The remaining form with photographs should be carried by the applicant and handed to the tourist agency on arrival at the first point of entry in Vietnam.
CUSTOMS RULES AND REGULATIONS:
All visitors to Vietnam should fill in declaration forms and show their luggage to Custom officials on request. Luggage, personal possessions and goods brought to Vietnam in amounts sufficient for personal use only, and not listed among noncommercial goods not to be imported, are exempt from tax.
Travelers' luggage as declared at Customs offices on arrival must be shown again at Customs when leaving Vietnam, except for articles which have been consumed or given as gifts.
Visitors to Vietnam can bring with them unlimited amounts of foreign currency, objects made of gold, silver, precious metals and gemstones or plated with silver or gold, but these must be declared in detail on their customs forms.
Foreign currency must be changed into Vietnamese dong for shopping. Travelers can change their money for Vietnamese dong (VND) at the banks, hotels and jewelry shops throughout the country.
Travelers can take with them unlimited amounts of souvenirs bought with receipts.
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PROCEDURES FOR MARRYING A VIETNAMESE NATIONAL:
The Embassy of the Socialist Republic of Vietnam in the United States of America has issued guidelines to the laws, regulations and procedures of registering marriage between a U.S. citizen and a Vietnamese national as follows:
Each applicant's dossier must consist of:
A photocopy of the applicant's birth certificate. In case the birth certificate is in languages other than English, proper translation into English must be submitted.
A photocopy of applicant's passport.
A letter by the local vital statistics office certifies that no marriage license or marriage certificate of the applicant is found within the state where the applicant is residing in. The search period must be started from the year when the applicant was 18-year-old up to date. In case the applicant was divorced, or the spouse has been deceased, this period must be started from the year when divorced or death occurred.
Affidavit of single status, notarized and authenticated by the Office of Authentication at the Department of State, where applicant is resided. A notarized and authenticated photocopy of the divorce decree with former spouse must be submitted if the applicant has been divorced. In case the former spouse is deceased, a certified photocopy of death certificate must be submitted.
A certificate of a medical organization or a doctor confirming that the person concerned is not mentally ill or infected with disease or HIV. Results of HIV and PRP test must be included, this document also must be duly notarized and authenticated by the Office of Authentication at the Department of State, where applicant is resided.
IMPORTANT NOTES:
All above mentioned papers should be sent to the Vietnam Embassy for notarization and legalization in consistent with Vietnamese regulations.
A service fee will be applied for the authentication and translation . This fee must be paid to the "Embassy of Vietnam" in forms of MONEY ORDER or CHECK; cash is not accepted. You can check with the Vietnam Embassy for the current fee schedule.
Five (5) working days (since the day of receipt of all required paper work) are required for legalization, translation, and certification.
The Embassy will return by mail the notarized and legalized dossier only at applicant's request with full address. If Federal Express return requested, the applicant's FedEx account or a prepaid label from FEDEX must be provided. AIRBORNE, UPS, DHL should be enclosed with PREPAID labels. Regular, Priority Mail or Express Mail envelopes must be appropriately self stamped and addressed.
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VIETNAM ENTRY AND VISA REQUIREMENTS:
U.S. passports are valid for travel in Vietnam. Although there are exceptions, usually visitor's visas are not renewed after one month's stay in Vietnam. Current entry requirements and other information related to Vietnam tourism, passports, customs, laws, and entry requirements may be obtained from the:
Vietnamese Embassy ( Socialist Republic of Vietnam )
1233 20th Street, Suite 400
NW, Washington, DC 20036
tel: 1.202.861.0694 or 1.202.861.2293
fax: 1.202.861.1297
further information on Vietnam can be obtained from:
Vietnamese Consulate General ( Socialist Republic of Veitnam )
1700 California Street 4th Floor
San Francisco, CA 94109
tel: 1.415.922.1577
OBTAINING A VIETNAMESE VISA FROM THE VIETNAMESE EMBASSY IN THE UNITED STATES OF AMERICA:
You can obtain a Vietnamese visa from any Vietnamese embassy. In the United States you can obtain a visa by contacting the Vietnamese embassy for a visa application form and current prices. To secure a visa, you will need two (2) copies of the visa application form, your current passport, two (2) passport size photos attached to the forms (one per form), and the visa fee-preferably in a money order or company check made payable to the "Embassy of Vietnam." Most important, you will need to include your Fedex return label with Fedex account number or self-addressed return envelope with postage paid. You can also use other overnight mail such as UPS, DHL, Airborne, or Express Mail. Visas can be applied for up to six months prior to the date of travel to Vietnam. The standard processing time is ten working days; however you can request a rush visa which takes four working days, but there will be an extra charge. A standard entry visa is good for thirty days.
For more information call:
Telephone: 1.202.861.2293 * Telephone:1.202.861.0694 * Fax: 1.202.861.0917, between 9:00 A.M. and !2:30 P.M., 2:00 P.M. and 5:00 P.M. EST, Monday through Friday .
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