Jump to content
Sign in to follow this  
BinhJerome

To marry in Vietnam or Thialand

8 posts in this topic

Recommended Posts

Filed: Country: Vietnam
Timeline

While at the consulate today doing my affidavit of single status for the second time, I ran into a Co from the US here on vacation, actually a visit for his fiancee. i know there have been questions in the past if they could marry in a different country and then have the interview in Vietnam or if it would be in the country where you were married at, this is what I heard and was told. He will get married in Thailand, and then file for the CR1, the interview will be done at the HCMC consulate. Now I know people have been denied in HCMC for only meeting once, but this is exactly what the CO is doing, he is not planning any trips where he will be back in Vietnam, and this is his first trip meeting her. I think it will be interesting to see what happens with this case as it goes through HCMC, but if I was a betting man there will be no problems since he works at USCIS in the states, which is sad for all of us that have been denied and they use the one trip clause to say that was one of the reasons. I wish I would have caught his name and got his contact info, it would be nice to see how his case progresses, maybe he will join this site and let us know. Jerome

Edited by jeromebinh

小學教師 胡志明市,越南

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

Technically, if he works at USCIS in the US then he's not a CO. A CO is a consular officer, which is a foreign service officer that works for the Department of State. USCIS is the Department of Homeland Security.

Still, he is a government employee, and that might carry some weight with the CO's in HCMC... :whistle:

On the other hand, his fiancee might get raked over the coals because he thought that getting a visa approved in HCMC was as easy as getting a petition approved at USCIS. :blink:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam
Timeline

Technically, if he works at USCIS in the US then he's not a CO. A CO is a consular officer, which is a foreign service officer that works for the Department of State. USCIS is the Department of Homeland Security.

Still, he is a government employee, and that might carry some weight with the CO's in HCMC... whistling.gif

On the other hand, his fiancee might get raked over the coals because he thought that getting a visa approved in HCMC was as easy as getting a petition approved at USCIS. blink.gif

He said he was a "CO Interviewing officer" and he was perminatly stationed in Cali, that are the words out of his mouth, but anyway it gets spun he is either in for a rude awakening or in for an easy ride. They do have CO's in the US people have interviews to change status and for other situations, look at all the Mexicans that are there for work visa's, how many of them want to change their status to a CR1 or a K1? the need is there, and I am just going by what he said.


小學教師 胡志明市,越南

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

From what I've read the K3 went through the country where the marriage took place, CR1/IR1 in country of residence. Since the K3 is dead now, it's just an interesting historical fact.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

He said he was a "CO Interviewing officer" and he was perminatly stationed in Cali, that are the words out of his mouth, but anyway it gets spun he is either in for a rude awakening or in for an easy ride. They do have CO's in the US people have interviews to change status and for other situations, look at all the Mexicans that are there for work visa's, how many of them want to change their status to a CR1 or a K1? the need is there, and I am just going by what he said.

That's interesting. I've most often heard of USCIS interviewers referred to as "interviewing officers", or IO's. It just seems like a conflict to call them "consular officers" when they don't work at a consulate. Everything USCIS employees do in the US is completely under the jurisdiction of USCIS, meaning that they're not doing something that would normally be handled by a consulate, such as issuing visas. Yes, they do conduct interviews, but not for the same purpose that consulates conduct interviews.

Changing from a non-immigrant to an immigrant status while you're in the US is called adjusting status. CR1 and K1 are visas that define under what terms you entered the US. Someone who was in the US on a work visa and wanted to change to a CR1 or K1 would have to go back to their home country to interview at the consulate, get the visa, and re-enter the US. USCIS would still handle their end of the process, which is adjudicating the petition for the visa, and processing the adjustment of status.

Maybe he used the term "CO" because he thought you'd relate to it more easily, since you were at a US consulate at the time. Or, maybe "CO" means something else at USCIS that I haven't heard about.

From what I've read the K3 went through the country where the marriage took place, CR1/IR1 in country of residence. Since the K3 is dead now, it's just an interesting historical fact.

The first statement is correct - K3's have to interview in the country where the marriage took place.

As to the second statement, I've read this several times here on VJ, and I'm a little confused by it. I've seen the updated policy statements on the DoS website about K3's. It doesn't really say the K3 is "dead". It says that if NVC receives both the approved I-130 and I-129F, then the need for the I-129F ends, and the K3 will be administratively closed - the case will proceed as an IR1 or CR1. However, if they receive only the approved I-129F, then the case will proceed as a K3. Essentially, they're just saying that if both are approved then you no longer have the option of choosing which one to apply for at the consulate.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline

He said he was a "CO Interviewing officer" and he was perminatly stationed in Cali, that are the words out of his mouth, but anyway it gets spun he is either in for a rude awakening or in for an easy ride. They do have CO's in the US people have interviews to change status and for other situations, look at all the Mexicans that are there for work visa's, how many of them want to change their status to a CR1 or a K1? the need is there, and I am just going by what he said.

Ok, I just read your post in the AP thread. From what you describe there, it sounds like the guy you talked to was a foreign service officer at the Department of State, currently on assignment in the US, and not working for USCIS. That might explain the confusion.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...