24. July 2009 by admin.

The following is a list of documents that should be brought to the interview:

- I-129F petition approved and forwarded to the US Consulate by USCIS.

- The Appointment Letter

- Four (4) visa photographs

- Fee receipt for the US$131 MRV fee payable at Citibank

- Identity card (CMND) (original and photocopy)

- Household registration book (original and photocopy)

- Passport valid for at least eight months past the date of visa issuance (original and photocopy for each applicant)

- Form DS-156 Nonimmigrant Visa Application (in duplicate)

- Form DS-156K Nonimmigrant Fiancé(e) Visa Application (one copy) 

- Form DS-230 Application for Immigrant Visa and Alien Registration, Part I (Biographic Data)

- A vaccination assessment from the Quarantine Service of Ho Chi Minh City

- A medical examination from a panel physician at Cho Ray Hospital or the International Organization for Migration.  The medical examination fee is US$75 for applicants age 15 and older and US$50 for applicants age 14 and younger.  

- Birth Certificate of all applicants (original and photocopy for each applicant)

- Birth Certificate of the petitioner (original and photocopy)

-  Divorce Decree or Death Certificate of previous spouse(s) of the petitioner and beneficiary (original and photocopy) (if applicable)

- Quit claim for all minor children giving the other parent’s permission for them to immigrate to the U.S. (if applicable)

- Police Certificate(s) issued within the past year by the Department of Justice office in your district of official residence as registered in your household registry (Ho Khau) for each applicant age 16 and over. 

- Foreign Police Certificate(s) for persons age 16 and over from any country in which you resided for more than six months. - Court and prison records (if applicable) - Military record (if applicable) - Original Affidavit of Support Form I-134 and the specified financial documents.  Form I-134 must be signed by the sponsor and notarized by a Notary Public no more than one year prior to the date of interview and include tax records for the past year and an official letter of employment (on company letterhead) signed within the past year or a valid business license.  Submit one photocopy of the I-134 form for each applicant in your family. 

- Proof of your relationship with the petitioner and any derivative family members

 For assistance, contact an experienced immigration attorney at www.myfianceevisa.com

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24. July 2009 by admin.

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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23. July 2009 by admin.

For U.S. citizens with fiancees in Vietnam, it’s often a difficult decision trying to decide whether to bring the fiancee to the U.S. on a fiancee visa or to travel to Vietnam and marry her there.

According to the U.S. Embassy in Vietnam, the answer is… It depends (sorry, I know that’s not that helpful). Here are the reasons to consider:

If you already got married, an IR-1 visa allows your spouse to immigrate to the U.S.  It is conditional for two years, after which your spouse is eligible to become a legal permanent resident (”Green Card” holder).
 
A K-1 is a nonimmigrant visa that allows you to bring your fiancée/fiancé to the United States to marry there.  Your fiancée/fiancé must marry you within 90 days of arrival in the United States or return to Vietnam.
 
Which one to choose depends on your personal preference of the petition.  If it is important to you to get married in Vietnam, you will need to apply for an IR-1 visa and/or K-3 visa AFTER you are married. 

However, if you would like to marry in the United States, there are advantages to a K-1 fiancée/fiancé visa such as:

- Generally shorter waiting period for K-1 than IR-1 (The total approximate processing time for K1 visa applicants, from the date the I-129 petition is filed with U.S. Citizenship and Immigration Services (USCIS) to the date the visa is issued at the Consulate is typically 9 to 12 months.  A spouse visa petition (I-130) will take approximately 3 months longer than a fiancée visa petition).

- Unmarried minor children may be included without a separate visa petition.

Visit www.myfianceevisa.com to discuss with an attorney your options.

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