Which Visa to Apply For?

[tcgator 1]

Another thing for you to think about is the processing times for K-1, if that's the route you wish to take. Some people are waiting 6 months or more for the I-129 to be approved, and then there is the additional process of the Interview etc.

I really don't know about the B-2 or tourist visas, but I feel like if you get married and are living together and have proof of your life and strong ties to Vietnam, why wouldn't they give her the tourist visa? As long as you can prove both of your jobs and finances in Vietnam and that you have no intention of immigrating, I think this is your best bet.

I really don't think K-1 is your way to go because your intentions don't really apply to what a K-1 is. And as a side note, I was living in Korea when my husband and I first applied for K-1 and I used my parents permanent address as my domicile, but we obviously had every intention of immigrating to the US.

[madtownguy 164]

It looks like most these visa's are with an intent to move. The CR1 says you have to be living in the U.S. If you still file taxes, that may be good enough I'm not sure what their requirements are. I'm sure someone has done the same thing as you, eventually they will come forward and give the best advice. Unfortunately tourist visa is the easiest but highly unlikely with her country. I think I've heard of guys doing the CR1 thing in your situation, but I don't know how they would do the address part. We have friends that did CR1 in Philippines and they lived there, I don't think they had a house here at the time. My gut says CR1, maybe try that forum.

[madtownguy 164]

Another thing for you to think about is the processing times for K-1, if that's the route you wish to take. Some people are waiting 6 months or more for the I-129 to be approved, and then there is the additional process of the Interview etc.

I really don't know about the B-2 or tourist visas, but I feel like if you get married and are living together and have proof of your life and strong ties to Vietnam, why wouldn't they give her the tourist visa? As long as you can prove both of your jobs and finances in Vietnam and that you have no intention of immigrating, I think this is your best bet.

I really don't think K-1 is your way to go because your intentions don't really apply to what a K-1 is. And as a side note, I was living in Korea when my husband and I first applied for K-1 and I used my parents permanent address as my domicile, but we obviously had every intention of immigrating to the US.

Because his ties will always be stronger to the U.S. on paper. A tourist visa is incredibly hard to obtain in a lot of countries. I honestly don't know why they even make it an option if they deny so many.

[Boiler 43,418]

Have you been keeping up with your US Taxes?

I do not know the answer to this but are the Consulate OK with co sponsors and do you have one.

[RocketElephant 7]

As MadTownGuy stated, my relationship with her almost guarantees that she will never be granted a tourist visa. USCIS will see her as a potential immigrant and deny her B2, even though we have several options to immigrate if we wanted (so frustrating)!

I've looked at the CR1, and she would get a green card on arrival. If we did get the GC and then left to return to Vietnam, what would happen?

Lastly, I do in fact keep up with my taxes. I'm required by law to file, and I don't shirk my responsibility.

[Boiler 43,418]

So you have a co sponsor?

There is a form to abandon your Permanent Resu\idency status, a quick google will find it.

[madtownguy 164]

As MadTownGuy stated, my relationship with her almost guarantees that she will never be granted a tourist visa. USCIS will see her as a potential immigrant and deny her B2, even though we have several options to immigrate if we wanted (so frustrating)!

I've looked at the CR1, and she would get a green card on arrival. If we did get the GC and then left to return to Vietnam, what would happen?

Lastly, I do in fact keep up with my taxes. I'm required by law to file, and I don't shirk my responsibility.

She would either re-apply for the green card after 2 years or she wouldn't... There is no down side to the CR1, after 10 years she could apply for dual citizenship if she could prove she was living in the U.S. My buddy who did CR1 for his wife moved here for a couple years, now I think they're moving back to Philippines. If she gets a green card and lets it expire, in my opinion she could probably get a tourist visa after that point. They seem to give tourist visas out to people who have been to the U.S. and returned home, this is just my opinion but it may be an option if you didn't want to pay the $400 or more dollars to extend the green card. Once you're married for 3 years you can file for 10 year green card, but it doesn't sound like you want to wait that long after marriage.

[RocketElephant 7]

Without a doubt, I know my father would co sponsor or do anything for us to go visit. I told him today I wouldn't go back to the US without my fiancee.

So, you're saying we could get married here, file the CR1 (wait 12 - 14 months), go to the US, then cancel the permanent residency status? That might work. How would this affect her future chances of immigrating (say, in five or six years).

[RocketElephant 7]

She would either re-apply for the green card after 2 years or she wouldn't... There is no down side to the CR1, after 10 years she could apply for dual citizenship if she could prove she was living in the U.S. My buddy who did CR1 for his wife moved here for a couple years, now I think they're moving back to Philippines. If she gets a green card and lets it expire, in my opinion she could probably get a tourist visa after that point. They seem to give tourist visas out to people who have been to the U.S. and returned home, this is just my opinion but it may be an option if you didn't want to pay the $400 or more dollars to extend the green card. Once you're married for 3 years you can file for 10 year green card, but it doesn't sound like you want to wait that long after marriage.

Holy Cow!!! This sounds exactly what we're looking for!! I was told by a Consular Officer (to my face) in HCMC that she COULD NOT have a Green Card and reside in Vietnam. But, yeah, if we could have the Green Card, and live in Vietnam this would certainly be much more ideal than either the B2 or the K1 visa! If this is the case, this would be the best news I could have ever imagined. I'm going to go re-read the CR1 guide now, and see if there is something I missed.

Edited_____

Wait... if we cancel the Permanent Residency, does that also cancel her Green Card? Or, if she has the green card, are we free to come back to Vietnam for as long as we like?

Edited April 13, 2015 by RocketElephant

[TAB2TAB 52]

If the *primary* purpose of your visit to the US is to meet your family (i.e. more so than the ASU game and hometown visit, etc.), have you considered having your family visit the two of you in Vietnam? Then, when you are ready to move permanently to the US in 5 years, file the CR1. I'm not suggesting you give up scouring VJ for a way to arrange a temporary visit to the states, but if all else fails, you can have a plan B in your back pocket. Establish the married life you want in Vietnam, live together which creates stronger ties to Vietnam than you both have currently, then perhaps you have better chance of getting a B1 in a year or two so you can meet the rest of the extended family, see your hometown, and get in that football game.

[Romet 28]

Because his ties will always be stronger to the U.S. on paper. A tourist visa is incredibly hard to obtain in a lot of countries. I honestly don't know why they even make it an option if they deny so many.

MONEY..... it doesn't cost much to say DENIED... but they get a LOT of money to say it.

[RocketElephant 7]

If the *primary* purpose of your visit to the US is to meet your family (i.e. more so than the ASU game and hometown visit, etc.), have you considered having your family visit the two of you in Vietnam? Then, when you are ready to move permanently to the US in 5 years, file the CR1. I'm not suggesting you give up scouring VJ for a way to arrange a temporary visit to the states, but if all else fails, you can have a plan B in your back pocket. Establish the married life you want in Vietnam, live together which creates stronger ties to Vietnam than you both have currently, then perhaps you have better chance of getting a B1 in a year or two so you can meet the rest of the extended family, see your hometown, and get in that football game.

I answered the question previously, but frankly, I don't blame you for 'tl;dr'.

I have an old grandmother who would never be able to travel out here, not to mention my mother has three young children (my brother and sisters) and for all of them to fly here would be quite expensive (Not to mention, my mother is a super right-winger, and she only sees the world in two colors: 'Murica and Not-'Murica). The only way for my fiancee to meet most of my family is to go to the US. Although we both wish to reside here in Vietnam, it's important to me that they get to meet each other.

Although don't get me wrong, the football game would be SUPER important also. Football is almost as important to me as my family.

Edited April 13, 2015 by RocketElephant

[Cody and Daisy 373]

Holy Cow!!! This sounds exactly what we're looking for!! I was told by a Consular Officer (to my face) in HCMC that she COULD NOT have a Green Card and reside in Vietnam. But, yeah, if we could have the Green Card, and live in Vietnam this would certainly be much more ideal than either the B2 or the K1 visa! If this is the case, this would be the best news I could have ever imagined. I'm going to go re-read the CR1 guide now, and see if there is something I missed.

Edited_____

Wait... if we cancel the Permanent Residency, does that also cancel her Green Card? Or, if she has the green card, are we free to come back to Vietnam for as long as we like?

Thanks for the props! Never wanted you to feel like you couldn't file for a k1 but as you can see now, the downside of what you would have to prove.

And in this case here a green card is on the assumption you would live permantntly in the states.

You can only be out of the states for a certain amount of time and more than that you would have to file for a re entry permit to get back into the states.

I'm not sure at what point the green card would be cancelled.

But you deffinately wouldn't be allowed to keep a green card when the permanent residency wouldnt be in the states.

Uscis website-

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

Move to another country, intending to live there permanently.

Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:

The reason for your trip;

How long you intended to be absent from the United States;

Any other circumstances of your absence; and

Any events that may have prolonged your absence.

Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.

Fail to file income tax returns while living outside of the United States for any period.

Declare yourself a nonimmigrant on your U.S. tax returns.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence Edited April 13, 2015 by Cody and Daisy

[RocketElephant 7]

Cody and Daisy, thanks for your input. You were quite helpful. I certainly need more info about this route. Nothing can be certain yet, because I want to make sure we won't damage her long term chances of immigration.

How ironic this whole visa process is. We don't wish to immigrate, but they wouldn't give us a B2 because they're afraid she's an immigrant. The "non-immigrant" (LOL) visa does not work for us either. So, us non-immigrants have to file for the immigrant visa, then cancel the Permanent Residence! Bwahaha, if the system aint broke don't fix it, amirite?

[RocketElephant 7]

Sorry for the double post, I'm on my phone now, and I can't edit the post from this device.

If I read that correctly, if we cancel tye permanent residence status, we can file to have it reinstated again from Vietnam?

Are there any damaging effects to her long term immigration chances by cancelling the PR status?

Thanks again for everyone's help, I'm seriously feeling much less stress now, although I'm still a bit skeptical.