To marry in Vietnam or Thialand

[BinhJerome 14]

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 April 5, 2010 by jeromebinh

[luckytxn 2,263]

I only went once and got a pink so it can be done.

[BinhJerome 14]

I only went once and got a pink so it can be done.

I know it can be done, and that is how it should be done, but it seems that most of the CO's in HCMC seem to think differently

[JimVaPhuong 4,863]

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...

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.

[BinhJerome 14]

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...

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.

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.

[Anh map 2,098]

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.

[JimVaPhuong 4,863]

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.

[JimVaPhuong 4,863]

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.