Where to begin? Married 2 years + baby

[WellNowWhat 0]

Here's our situation.

My wife and I live in Vietnam. I am a U.S. citizen. She is Vietnamese. We have been married 2 years now and have a child together (the birth was registered with the embassy here in Vietnam) so the baby is a U.S. citizen also.

I have lived and worked outside the US for over 2 years now.

Being married over 2 years with a child, will the process be any easier?

Any help and where to begin or exemptions/benefits to being married 2 years and have a child?

The whole thing looks like a tree killing nightmare.

Thank you all for your help.

[landr 126]

Since you are married and living overseas, you might want to look into Direct Consular Filing:

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

The K-1 visa is a fiance(e) visa.

Edited November 22, 2014 by landr

[Mariana M. 18]

Well, welcome!

Here's the guide for your situation: http://www.visajourney.com/content/i130guide1

No, you don't get any benefits because of that.

The process isn't simple, but it normally isn't a killing nightmare. You will survive and be happy!

Good luck!

[lost_at_sea 995]

Being married over 2 years with a child, will the process be any easier?

Any help and where to begin or exemptions/benefits to being married 2 years and have a child?

Being married for 2+ years has the benefit that she'll get an IR-1 visa instead of a CR-1 visa, which means immediate 10 year GC (instead of conditional 2 year GC) upon US entry. Your child is good evidence of bonafide marriage. Other than that, it's not faster to get the petition approved nor the visa.

This is the guide you need to read and follow: http://www.visajourney.com/content/i130guide1

You may also find it useful to visit your local regional group: http://www.visajourney.com/forums/forum/136-vietnam/

As you also live in Vietnam, you'll need to look ahead to the I-864 form which you'll be filing. You'll need to show you have adequate funds/income in the USA to support your dependants (or a US-based co-sponsor to provide the financial aspect), as well as show you have a US domicile or have evidence that you'll be re-establishing one before your spouse emigrates.

Since you are married and living overseas, you might want to look into Direct Consular Filing:

http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

The K-1 visa is a fiance(e) visa.

This is useless advice.

There is no DCF in Vietnam.

They are already married, therefore they do not qualify for a K1.

[landr 126]

This is useless advice.

There is no DCF in Vietnam.

They are already married, therefore they do not qualify for a K1.

Noted. I did not know that there is no DCF in Vietnam.

However, you misread my line regarding the K-1. The OP posted in the K-1 forum (the wrong forum for him) and therefore my line was in reference to this.

No need to be rude.

[lost_at_sea 995]

Noted. I did not know that there is no DCF in Vietnam.

However, you misread my line regarding the K-1. The OP posted in the K-1 forum (the wrong forum for him) and therefore my line was in reference to this.

No need to be rude.

You read the tone as rude. I was merely perfunctory.

I didn't notice which forum it was in - I picked it up via the "new content" view. I flagged it to be moved to the correct location.

[Ontarkie 14,977]

~~Moved to IR1/CR1 from K1 Process and Procedures~~

[WellNowWhat 0]

Thanks everyone for the quick replies.

I'm confused on the income part.

I have lived and worked overseas (and filed taxes) for the past 2 years. I don't have a job in the US. Will I need to have a job and move back to america before I can get my wife a visa?

[lost_at_sea 995]

Will I need to have a job and move back to america before I can get my wife a visa?

No, not necessarily.

As you don't currently have US income, you'll need a co-sponsor to file an I-864 with you (someone who lives in the US, is an LPR or citizen, is over 18 and has sufficient funds to cover their own dependants + sponsored immigrants), or move ahead of your family and get a job that makes enough money.

Either way, you'll still file an I-864 as the primary sponsor, and for that, you need to have a US domicile or have evidence that you are re-establishing one (see below) which would mean you wouldn't necessarily have to move ahead of your family.

Have a read of the I-864 instruction PDF: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Copied from a post I made yesterday on a similar topic:

If you search for "domicile" on the forums, you'll find a lot of examples of what other people have used. Seeking employment, housing and schooling in the US are good steps, as well as getting your State ID/licence, voter regisration etc. in order.

You can read about domicile from the official source here: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html (about half way down, search for domicile). The specific bit that should be of interest to you:

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the United States with or after the sponsor.

Additionally, although from London which is not your consulate, this page offers good general advice: http://london.usembassy.gov/faq_i864_domicile.html Edited November 24, 2014 by lost_at_sea