this message for those dealing with Vietnam and USA processes

Hi all,
I will be heading back to vietnam in July 7 2006 to see my soon to be wife. For the last week, I been talking to immigration lawyers about what I need to do when I am in vietnam - to start the process of bringing her over when i am back in the USA. Well, I have different answers from different vietnamese lawyers office in Los Angeles and Orange County area. Basically, they all agree that I need to get marry to her first in vietnam.

If anyone can help, my questions are:
1. My family told me that I should have a immigration lawyer to start the process because of all the corruption and false filing due to alot of fake marriage. They said the process of bringing someone over to the USA from Vietnam is very strict and difficult compare to other country, so it is best for me to hire a lawyer for the process.
Is this true? Do you suggest hiring a lawyer?
If you know any good vietnamese immigration lawyer office in Los Angeles or Orange County Area which you know are successful in bringing people over, please let me have their contact information.


2. If I plan to get marry in vietnam, what papers do i need to get from the USA to bring back for the Vietnamese government allow me to get marry in vietnam?

3. Also, what papers do my soon to be wife need in Vietnam to be allow to marry me in Vietnam?

If anyone have any further advise, please let me know. Thanks.

I'm going through the k-1 process, and I am finding out it can be really tough in Vietnam. But we are still doing it ourselves, because nobody says we need a lawyer to complete this. Personally I think lawyers will do anything to scare you into thinking you need them, when its really not necessary. Its really not complicated if you get all your things in a row and do it yourself, but it can be VERY stressful if you let it take you over.

If you want to get married in Vietnam I think you have to fill out some paperwork by the Vietnamese government besides doing the US K-3 process. It seems like a lot more hoops to jump through in my opinion. You even need the "ok" from a psychiatrist before they let you marry in Vietnam You should check out their embassy website to read the instructions for marrying a Vietnamese national:


http://www.vietnamembassy-usa.org/consular...y_a_vietnamese/

Hope this helps...

I didn't need a lawyer:

I used the USCIS.gov, state.gov, HCMC Consulate web site, Visajourney and feedback from locals in VN to do everything. All the forms are bi-lingual and they clearly state what you need to do, where you need to go and when it needs to be done.
Follow their instructions, fill out the forms 100% and provide them the required paperwork and you should be fine.

Now, if you have a previous problems with the law, an inconsistent relationship with your wife, don't possess important documents, don't meet the minimum financial requirements or maybe you filed a previous visa petition. You could be denied.

This is my personal experience and also based on personal conversations with Consulate Officers in the Irish bar on Le Thanh Ton street in District One. Actually, The HCMC consulate folks prefer to "pass" petitioners so they won't have to deal with them anymore.

I considered the same thing before pursuing my current path of doing a K-1 for fiancee, I-129F. In general, it will certainly take longer to marry her there first then apply to bring her back as a spouse. The K-1 Fiancee takes between 6-9 months, and the K-3 process takes about 12- 18 months or longer even.

There are additional requirements that the Vietnamese government requires you before they will issue a marriage certificate.

The K-1 process is simpler comparing to the K-3 and it seems that our consulate scrutinizes the K-3 couples more.

I don't believe you would need a lawyer for the K-1 fiancee process especially with the support of Visajourney.com members. There is plenty of combined experence and knowledge in this group to outweight any service a lawyer can bring you.

I hope this helps.

Tony

P.S. I also will be going to Saigon on July 8.

Another thing you have to worry about is the marriage certificate. You need to apply for it in VN, which your fiancee can do, but I think it takes like 3 months for them to process. Which means you have to plan wither your wedding or another trip to be there when they are ready for you both to sign it. You have to go there to sign it. We actually were going to go this route, but the time and money involved changed our minds.

Well, well, yet so many decent couples are left in the lurch with incomplete or no explanations for their delays. Lives left to twist in the wind. Looks like you got the "diplomatic" answer.

anh_tri70,

Give it a shot yourself. There is a whole crew of Vietnam VJ members here that would be more than happy to assist with any questions you have. Take a read through the detailed Vietnam posts already posted, and that should get you a firm grip on the process.

The K-1 or K-3 route is ultimately your decision to make, and depends on the personal preferences and wishes of you and your fiancee.

Best of luck to you both!

STL_HCMC

We didn't use a lawyer and we had no problems. Just follow the guides here on VJ and ask any questions here on this forum and you will be fine. k-1 appears to be quicker than K-3, and I think the most important is evidence of relationship prior to the application( it was for us, anyway). Took us about 10 mos total. Miss Hue is now adapting fine to the capitalist society(she has become quite the expert on consumerism, really) and sends our thanks and gratitude to everyone here for their help. She wants me to upload some pics (because she thinks I am dep trai boco), but all the ones we have are too large and I dont know how to make them smaller... oh well, you've been spared....
Good luck!

Welcome to VJ!

I highly recommend you to take the time and study your options. the FAQ's and Guides on this board/forums is good place to start. I do not advice against retaining any legal service or an attorney. Personally, after going through the K-1 Visa Journey which took Kim and I from start to finish at least 6 months until interview and approved, with the exception of the 3 months delay due to no false of ours or the consulate, just waiting for a Foreign Police Certificate from Japan to clear, total 9 months until Kim got here.

Most people will advice you to go the K-1 route over K-3. Just have to weight your options: K-1 without a doubt the most popular and quickest way to be with your fiance/lover within 12 months. The draw back: you will have to followup a lot more after she gets here in the US to obtain Green Card, Employment Authorization Document etc. BUT you'll be doing all that WITH her by your side. The best part is you will only have to deal with the Vietnamese Government, for maybe 1-2% of the process.

K-3: too much effort up front, waiting too long, being apart for a good bit of your relationship. But when she gets here in the US, she's done, no more AOS, will get her Green CARD right away!

So, read up on the guide! then decide if you want to try us out... I did everything myself even though I did retain a lawyer, who is excellent, at best $500, who filled out my applications, cross the T's and dot the I's for me. From that point on, I got all the helps and Q&A from this wonderful site. Kim and I just celebrated her one year in America last month.

Everything is possible...

Good luck.

I am not a vietnam consulate person...

but in general..

I've seen people here who used a lawyer and the LAWYER messed them up...just my point being: Lawyers aren't the answer to everything..

Things you might pay them 1000's for, you can do yourself...

just my opinion...but if a lawyer makes you feel more safe and secure...well it's your money.

Honestly if you take the time to READ the guides and the FAQ and these members dealing with Vietnam are some of the most helpful and supportive on the board....you'd probably be ok unless you haev some weird circumstances.

Clarification:

A K-3 visa does NOT confer Permanent Resident (Green Card) status right away. An Immigrant Visa (CR/IR) however, does.

It doesn't ???? OH BOY!!! I make mistake again???? Horrible Chuck

Thanks meauxna for pointing that out. so retrack: No K-3 will not give you GC right way. (Delete...delete)

<g>

Anh Tri --- Greetings to you and yours,

1. Chuck was making crystal clear as of what the pros and cons of K1 and K3 are. You could not have asked for better explaination than that. With K3, you will have to deal with the Vietnamese government alot. Wherever you go to get things done in VN, MONEY comes first. Especially when they see you need papers for immigration, they will suck you dry. With K1, probabaly the only thing you will have to deal with the VN govt. is the Police Certificate

2. I retained the service of an immigration laywer simply because I did not have time and did not want to deal with the paperworks. That's all. When our case was put on AR, there was nothing they could do to help.

Good luck to you both.

-----
Thank you for all those who response back with advises and suggestions. They are very helpful. I decided to use the K-1 process and not use a lawyer. I will go to vietnam to visit my finaces in july 7 06 and when i return to the US, i will finish preparing the paper work and send it in. Thank you again.

You can still go and have a very traditional wedding as long as it is not registered with the vn gov you are not legally married and you can still presue the K1 of course the engage ment ceramony is like a edding in the us anyway

Good Luck

Do what ever makes her happiest

Do whatever makes the most sense to both of you.