B2 visa for wife- married to US citizen, US citizen infant, I-140 filed

[XXXYYYZZZ 20]

Do you have $165 and half a day to kill in district 1? Then make a try for the B2. The worse thing that can happen is she gets denied and you just wait for your CR1. A lot of people here don't have the financial means to travel back and forth with a family to visit US. Many people on VJ don't have enough income to meet the AOS for 125% poverty without additional sponsors and can't imagine how you could have those kinds of extravagant funds.

The State Department does understand your wife intends to immigrate BUT NOT NOW. She is married and her situation has changed. I think a lot of people hear that it's hard to get a B2 with an immigrant visa in this process so they never try. I saw statics on B1/B2 visas for last year in HCMC was around 70% approval but now I can't find those state department statistics. If her situation has changed I think your odds are good.

I was a regular on the forum but abandoned my account after being in threads like yours. VJ has it's uses but I don't have patience for the negativity or out right attacks of a lot of the posters. Seeing your tread I got back on the forum to provide my actual experience which is identical to your's. I attached the link to my old thread on this but the last few pages are gone now.

http://www.visajourney.com/forums/topic/480932-ho-chi-minh-city-b2-interview/

At the time my wife got a B2 visa we were married 8 months living in HCMC with an I-130 filed for the CR1 waiting on NOA-2. I already had the babies birth certificate, vietnam passport, CRBA and US passport. The only difference is my wife didn't have any previous denials. FYI you don't need a Vietnam passport for the baby but it makes life easy. To leave Vietnam with a baby only having a US passport you'll need to get a stamp from one of the immigration offices but don't know which. To come back to vietnam the baby can get a visa exemption from the office on Nguyen Trai good for 5 years and $20. So can you for that matter if you haven't done all this already.

I filled out the tourist visa application from the HCMC consulate web site and submitted it. People will tell you that no assistance can be given to help the applicant for a B2. Screw that stupid notion, it's your wife! I filled the form out because my wife is not good with computers and doesn't understand US forms. The online form asks if you were assisted in completing the form; I put my name and relationship. It also asks if you have an immigrant petition filed which I checked yes and in the explanation box I put we are currently waiting on a adjudication of our I-130 petition for CR-1 and put the USCIS case number. Reason for the visa I put that we recently had a new baby and want to visit my husbands family. I printed a copy of the application but that was not needed. I submitted the form and printed the confirmation page. I then scheduled the interview online and again printed the confirmation page.

I do remember one issue I had with the online application. You can attach a jpg passport photo to the online application but I didn't have one and it wouldn't let me complete the form when I clicked "don't have a photo" box. To get around this I uploaded a random jpg file that was denied as not the correct format of a passport photo and then it said to bring one to the interview and let me complete the form. They may have fixed that glitch.

Before the interview you have to pay the visa fee at citibank on Nguyen Hue. It's not the actual bank branch office inside the lobby. On the outside of the building on the Rex Hotel side there is a little citibank office that only does visa fee processing. If I remember correctly this receipt is the one needed to enter the embassy on the day of the interview. Review the B2 guide on the US HCMC consulate website.

Day of the interview. I sat across the street with the baby at the coffee bean and tea leaf as for this interview only the applicant can come inside. The wife went into the embassy carrying a small pouch with her passport, passport photos, birth certificate, housebook, government ID, marriage certificate, all the translations, CRBA, a copy of our joint bank statement and a letter I wrote explaining her reason wanting a B2. In the end they only wanted her passport as the B2 is based on her interview answers; the consulate web site for HCMC actually says not to bring tons of paper or even bank records for the B2.

She was in the embassy for an hour and the wife called me saying now outside and the consular officer wanted to see me. The consular officer gave her an invitation for me to come inside once he learned I was just outside. I go inside with the baby and go right to the window with the officer that had been interviewing her. He asks for my passport and what I do for a living. I say engineer in offshore oil and the response from the CO was "that explains a lot". Approved. They keep the passport and you have to fill out and EMS waybill and pay the shipping before leaving the consulate. A week later her passport was delivered at our HCMC address with a 1 year B1/B2 visa for multiple entry.

If I was not there to go into the embassy I not sure she would have been approved. I was there and she was approved so outside parties can indeed affect the outcome of a B2 visa interview. I would suggest your wife carry into the interview the documents I listed as it can't hurt and both you and your child's passports. The CO made a comment that if she had my passport in hand the first time I may not have had to come inside.

If you do get the visa when you fly to the US make sure you list your place of residence on the blue customs form using your Vietnam address; at first I used my US address out of habit and it caused a few minutes of delay at immigration; not a big deal CPB just asked me to cross out my US address and put our Vietnam address. It makes sense as she is visiting and you use her home country address until she gets the CR1.

If you got any other questions I'm in the same boat as you and a little further along in the process; currently I'm getting my Vietnam drivers license..........let the pain begin. Good Luck

[XXXYYYZZZ 20]

I didn't see that you already found my old posts. By the way I've traveled to the US with the family twice now and returned to Vietnam with no real issues; our good behavior can only help your case.

[ajr_ntknq 4]

So- we got the B-2 visa!

Thanks buddy (no name 88/ newbie)- It was your original posts that gave me the confidence to go and try, and everything that you said worked for me - we had almost identical experiences. I want to share so that other people who read VJ will have the benefit of our experiences and not just the unfounded assertions of some of these posters.

In the end VJ was a good resource for me- because of you and some others as well but it is important for people who read this forum to understand that not everything you read here is correct. If somebody says something, ask yourself "Do they really know that what they say is true?" Beware of people who just assert things as if they were facts, without backing it up with either "this is what happened to me" or "it says this on official US web-pages" or some equally valid way to show that what they are saying is true.
If they can't back it up, then maybe it's true, maybe it's not - my advice at that point is to give it the same weight you would give idle gossip. This forum is more valuable than idle gossip, and should be, but you must sift through it carefully for this to be true for you.
Everyone who said that being married to an American was a strike against was dead wrong. They asked to see the marriage certificate (be sure to bring this if you are married), were satisfied with that and moved on.

My wife also showed the CRBA for our son. I think she just did this initially while telling her story. The consular official did ask "So you have an American husband and an American son, how can we be sure you will come back?" My wife answered that her son was half Vietnamese, and that Vietnam was also his homeland, so he HAS to come back.

They did ask a lot of financial questions. The fact that my wife owns a house - the house that I reported about above, seemed to count for a lot according to my wife. I had prepared a booklet with photos of the place, scanned receipts, and spreadsheets of the costs. She used it to tell her story and the official listened but did not examine it closely. Her parents have actually deeded her a part of the property (we built a small guest-house on their property for our use as we frequently stay there for long periods of time and plan to use it when we visit in the future) but the paperwork hasn't gone through yet. The consular official took her at her word.

They asked how will we pay for our trip? My wife showed them a document that verified my income. I understand that many people cannot afford to travel like this, and don't have the same resources. I only post so that my experience will be generally useful to others. They did not ask for IRS documents, bank statements or anything specific. They did ask for something and saw less than what we brought. The truth is, this is probably one of the most crucial parts of the interview. To be clear - my wife does not have a job - has no income at the moment other than what I can contribute to household funds. They went over this very clearly. And it was not a deal killer at all. They did not ask for any specific proof - they merely interviewed her, were satisfied with the story, and reviewed a few supporting documents (the house booklet shown through the glass and the income document under the glass). The people who have asserted that she needs to 'have enough money to travel by herself on her own money' do not know what they are talking about at all. Please ignore advice like this. When you are married you share expenses - this is actually a condition that proves that you are married. You do have to have enough money as a couple and you need an honest and understandable narrative as to how the trip will affect your work-life (and if you are currently not working - this is not necessarily a problem). My wife discussed both our CV's with the official, explained how we weren't working right now (I'm a stay-at-home dad and a writer) showed our income. Result - B-2 visa.

The consular official asked about our I-130 application and my wife showed him the NOA-1. Again - not a deal killer at all!!! If anything - it helped, though I can't say for sure. He remarked that if she did anything wrong with this trip it would ruin her chances forever. Again- you can travel as a tourist while awaiting proper immigration status. Don't believe anyone who tells you otherwise.

The consular official asked if she had ever been refused before. She said that she had. He asked why? She answered that she didn't know but maybe because she was only my girlfriend/fiancee at that point. He obviously knew the answers to these questions and was just asking to see if she was honest and comfortable discussing the issue.

My wife said that she would answer each question as if they were having a conversation, with confidence. Not like being questioned by the police. Answer one question with maybe three relevant facts, but stop there - be sensitive as to whether the interviewer is showing interest. She told her story but was also careful not to say too much. Do not look desperate - better yet, do not BE desperate. I love America but traveling there will not solve all your problems- it's not a ride on a unicorn. An old lady - maybe a guardian angel- actually told her something along these lines inside the consulate - "don't worry, if you don't get the visa, just stay here!" She said that helped. Also, she witnessed one woman pass and one woman fail and drew conclusions alluded to above - feel confident, comfortable, but don't chatter on (or be sullen).

Like the above poster this was in Ho Chi Minh City at the American Consulate on Le Duan Street. I waited at the Coffee Bean and Tea Leaf at Kumho Plaza with my phone ringer on. It took about an hour- apparently now there is a new policy of calling the numbers in order...

I will post a few more things below not directly related to the interview but possibly of interest to people in similar circumstances in Vietnam.

Edited August 22, 2014 by ajr_ntknq

[ajr_ntknq 4]

so thanks again xxxyyyzzz (previously no name 88)

A few other points - I do have the 5 year visa extension - identical to what viet kieu get - intended for family of Vietnamese. When you are married, you are family.

We did apply for the vietnamese passport first for our son, and then applied for the CRBA/ passport/ social security card from the consulate. Other folks- this is the way to do it if you are having a child by an American citizen and a Vietnamese citizen in Vietnam. Or else as xxxyyyzzz has explained, you will need a visa for your baby!

One detail - the local authorities (if not HCMC) may insist that your child's first given name be Vietnamese. If you want an American or any kind of name for your kid that isn't Vietnamese, here is a little trick you can play on them. Say your child's name is Jane Smith, or that's what you want it to be (you are Mr. or Mrs. Smith, US citizen). But you want the Vietnamese passport. You actually want a Vietnamese name as part of their full name, you just prefer it to be the middle name, say your spouse's family name as a middle name, which of course happens to be Nguyen. So your child's name will be Jane/John Nguyen Smith. The Vietnamese name can read: Smith John Nguyen. The American name is Smith, John Nguyen. Get it? (This post is only for folks who understand Vietnamese names...I guess) The American Consulate will play along and let you decide or even rearrange the name along the lines I am suggesting. They know the score. Anyway - that's the way we did it and it worked for us...

As for the Vietnamese driver's license - I hope you sorted that out. I took the driving test a few years ago and passed but they set my license to expire to match my US driver's license. I just renewed it this past week and they now set it to expire with your visa- and since I have the 5 year, that was good enough for me. If you take the test now I hear you actually get a life-time license. The whole thing has improved a lot actually. If you are still working on it I used an agent who arranged the forms and documents and sorted me out at the license department. His fee was $40- and it's a totally legit license. He speaks English well and is a cool guy. He also handles testing.
https://www.facebook.com/vnlicense

[luukee 18]

arj_ntknq and xxxyyyzzz,

Thanks so much for sharing your experiences and advice. This is great info!

[luukee 18]

arj_ntknq and xxxyyyzzz,

I do have a question for you guys though, When you guys entered the U.S. did you guys have any problems at the POE (point of entry) ? I've read some posts where they will deny you base on certain conditions.

thanks

[ajr_ntknq 4]

Hi Luukee, sorry for the delayed response.

No problems at all!

When we got to customs I mistakenly followed what I thought the posted instructions were, and sent my wife to her visa line while I (and my baby) got in the citizen line. When I got to the customs official I told him my wife was here and he said that we should have stayed together as a family, she should have come with me. He asked me to just walk through the maze of post and rope stanchions and bring her back.

We just answered the questions about what our plans were (going to a wedding, visiting friends), he didn't seem suspicious. We had supporting documents but we didn't use them. Apparently there was nothing about our profile that attracted any extra interest. We were normal travelers with clear plans, proper luggage, proper paperwork, a healthy happy baby. Easy!

I think if you show up, can't speak any English, don't have any luggage, they might take you aside, find a translator, ask to call your family. That at least is a story I heard.

Well, that's all I know about POE - our example and that one story. Good luck!

[XXXYYYZZZ 20]

Good for you. I told you it would be easy. We're going back to the US for a visit in a couple of weeks.