UPDATE: 221g from HCMC Vietnam Consulate

[3AD 0]

3ad

Go ahead and call the ACS and let us know what their response is? Then ask them if you can re-apply for a marriage visa, If that would improve your eligiblity status given a newborn beneficiary? and then ask them what the requirements for a marriage visa are?

P

There is no connection between marriage and legitimacy of child, if that is in fact what they are concerned with. While they don't clearly state it, they probably are concerned about legitimacy and I think speculation from others on this thread, like Tony&AnhThu, is correct. Personally, it makes sense to me too. The problem is, they are not explicit in their reasoning and moreover, there is no guideline for their denial. Just like STL_HCMC's question about why they won't accept a DNA test. It's because they are venturing into a legal gray area and since they have no guideline for a fiance's pregnancy (or a spouse for that matter), concomitantly they do not have a policy for DNA testing. For the record, DNA testing is used for other State Department matters and there is a third party company that is authorized by the DoS to conduct DNA testing that satisfies their requirements in those situations (e.g. kidnapping, questions of paternity where a foreign parent does not want to own up to parenting the child, etc.).

I think I am now seeing your logic. You are suggesting that if we were married, that would some how improve our chances by making us seem more "legitimate." I'm here to tell you that the consulate in Vietnam does not consider marriage any more of a "legitimate relationship" than engagement. I'm not sure if you've been to Vietnam, but it's about as easy to set up a wedding and marriage as it is to buy a bowl of pho noodles on the street corner. Getting a marriage certificate for any two people is matter of anywhere from 300,000 to 10,000,000 Vietnam Dong (about US$20 - 600) paid to the right government clerk. Middlemen will arrange everything for you, right down the ceremony, pictures (with multiple changes of clothes to make it look like you were there longer), chat logs, fake emails, love letters, etc. And in the end, you are officially married and have a paper to prove it. The consulate officers know this. So they are essentially looking for proof of relationship, regardless of whether you have a marriage paper issued by the overtly corrupt Vietnamese government or not. To them, the process of scrutiny is the same. In our case, we would have had a visa with or without a marriage certificate. Again, as per answers to my inquiry by calling the consulate, there was no issue with the adjudication of our relationship evidence, financial support, etc.

I am aware of the requirements for a marriage visa. Anyone can get that information from DoS web sites. Sure, I can cancel the K1 and apply for a K3. That's about another year-and-a-half process. My little girl would be about 2 years old by then. It's essentially the exact same process as the K1, I'll just have a piece of paper from erstwhile Vietnamese authorities that says I'm married. That would have no bearing on the CO's belief in a legitimate relationship or, now it seems, their belief that my pregnant fiance's child is actually mine.

Telling people to ignore lawyers who have years of experience with that specific consulate and instead get their information free from the internet is lackadaisical advice I'm afraid -- perhaps even capricious.

[patricks 0]

3AD,

"I'm here to tell you......."

When I hear statements like this, I feel that you've got strong convictions as to how things should operate at the HCMC Consulate so I'll just be quiet on this one......I'm not offended; it's a public forum.

"Regardless of whether you have a marriage paper "

It worked for us!

"Marriage visa...That's about another year-and-a-half process"

Really?

"lLackadaisical advice............perhaps even capricious"

No, it's not arbitrary/implusive feedback; The USCIS doesn't recommend a lawyer and many other successful petitioners who have gone through HCMC, including myself, didn't use a lawyer.

"There was no issue with the adjudication (referring to your own case)"

Then, why did their blue letter response ask you to call the ASC office?

Patricks

[3AD 0]

"Regardless of whether you have a marriage paper "

It worked for us!

Congratulations. How old is your child? How far along was your wife during the interview?

"Marriage visa...That's about another year-and-a-half process"

Really?

Yes. I'm not sure about your situation, but it's not recommended to travel on a long international flight within a few months after giving birth. How old was your little one when your wife left Vietnam?

"lLackadaisical advice............perhaps even capricious"

No, it's not arbitrary/implusive feedback; The USCIS doesn't recommend a lawyer and many other successful petitioners who have gone through HCMC, including myself, didn't use a lawyer.

Can you point me to where a United States government entity explicitly does not recommend legal counsel for a citizen in dealing with immigration?

"There was no issue with the adjudication (referring to your own case)"

Then, why did their blue letter response ask you to call the ASC office?

It didn't. Again, you failed to read the original message carefully. It said that our child (?) is eligible for U.S. Citizenship.

Thanks for being so sensitive in my situation. Thanks to smart folks like you, this forum is a god-send for visa hopefuls, regardless of the complexities of their situation. I'm kicking myself now wondering why I hired a lawyer instead of coming on here and finding you.

I look forward to seeing evidence of your claims. I'll pass them along to my lawyer.

Take care,

3AD

[patricks 0]

"Thanks to smart folks like you, this forum is a god-send for visa hopefuls, regardless of the complexities of their situation. I'm kicking myself now wondering why I hired a lawyer instead of coming on here and finding you."

I have additional no comments

but

Good Luck, because you're REALLY going to need it.

"Thanks to smart folks like you, this forum is a god-send for visa hopefuls, regardless of the complexities of their situation. I'm kicking myself now wondering why I hired a lawyer instead of coming on here and finding you."

I have no additional comments

but

Good Luck, because you're REALLY going to need it.