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- 25. January 2011: This Blog Has Moved!
- 10. January 2011: Filing Mistakes: Filing the K-1 petition at the Wrong Location
- 4. January 2011: State Dept. issues Redesigned Report of Birth Abroad
- 1. January 2011: USCIS Online Tracking System Lacking
- 1. January 2011: Getting Original Documents Returned
- 29. November 2010: Applying to Remove Conditional Status
- 29. November 2010: Obtaining a Fee Waiver for Certain Immigration Benefits
- 29. November 2010: I-129f Filing Fees Changed Nov 23, 2010
- 8. November 2010: Immigration Options for Victims of Domestic Abuse
- 8. November 2010: The Legal Rights of Victims of Domestic Violence
K-1 Fiance Visa Vietnam: Processing at Ho Chi Minh
The following description addresses K-1 fiancee visa processing at the U.S. embassy in Ho Chi Minh City, Vietnam:
The K visa (K-1 or K-3) is technically a nonimmigrant visa but the requirements are very similar to those for an immigrant visa for an immediate relative. The Immigrant Visa unit processes all K-1 and K-3 visa applications. Both the fiancé(e) of a United States citizen (K-1) and the fiancé(e)’s children under age 21 (K-2) or the spouse of a United States citizen (K-3) and the spouse’s children under age 21 (K-4) may benefit from an I-129F petition.
All approved petitions are forwarded to the National Visa Center (NVC) for processing before being sent to the U.S. embassy in Vietnam. After the embassy receives the petition, officers will complete administrative processing and send the applicant an Instruction Package approximately two months after receiving the petition. Once the applicant informs us that he or she is ready for a visa interview, the embassy schedules a visa interview date for approximately three months later and sends the applicant an Appointment Package.
The Vietnamese fiance(e) must bring to the interview any evidence to substantiate his/her relationship with the petitioner, such as letters, telephone bills, e-mails, photographs, etc. During the visa interview, it is the applicant’s responsibility to provide evidence of a bona fide relationship with the petitioner. The consular officer will use the interview as well as the information submitted to make a decision.
Section 221(g) of the U.S. Immigration and Nationality Act states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient. If, for any reason, the applicant is not eligible for a visa at the time of the interview, the applicant will receive an explanation in writing and a request for the specific documents still required, if any.
Applicants refused under Section 221(g) who are specifically requested to submit more documents may submit the additional information either via registered mail or in person at the Consulate between 1:00 p.m. and 3:00 p.m. Monday through Friday, except holidays. The applicant should include the blue or green refusal sheet asking for additional information.
Although a K visa petition is valid for a period of four months, a consular officer can revalidate the petition provided the officer concludes that the American citizen sponsor and the applicant remain legally free to marry and that they continue to intend to marry each other within three months of the alien’s admission into the U.S.
If the visa is approved, the applicant can usually pick up the visa on the next business day at 4:00 p.m. The visa is normally valid for six (6) months.
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For legal assistance in bringing over your Vietnamese fiance(e), visit www.myfianceevisa.com
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