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Duyen & Mike

Show us the Way and We shall follow...

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Posted (edited)

Greetings to all... Happy New Year! Thank You in advance for any and all advice you can lend. This is out first question on our first immigration website, so please excuse the ignorance. Hopefully by this time next year I will be well versed, enough to have the information we need to bring my future wife home to America with me. The first question I would like to ask is what type of Visa will we need to apply for exactly? It's quite confusing and overwhelming , the wide variety of visas. The plan is to go to Vietnam in less than one year to teach English and I plan to stay there for some months to get to know, personally the girl I have been talking to online and Video for almost one year. I know that there are so many factors and "if's" that may derail my plans but I'm not one to give up. If we get along as well in person as we have virtually, we will get married relatively soon. So, after we are married, what would be the best way (if there is such a thing) to proceed? Also, she speaks fairly good English but she wanted to ask if there was a version of all the requirements (documents, etc) in Vietnamese? Maybe someone can post the link here and I can share it with her... Thanks again for any help and whatever advise will be greatly appreciated! (on a side note, I do intend to complete my profile after I gain some knowledge about the type of Visa we need, where my local office is, etc.)

Edited by Duyen & Mike

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If you plan to marry and live abroad first, then a CR-1/IR-1 (spousal) visa is the only (family-based) option. ETA: ~12-16 months from filing to interview.

https://www.visajourney.com/content/i130guide1

 

Option 2 is to start a K-1 (fiance) visa then marry in the US. ETA: ~9-12 months

https://www.visajourney.com/content/k1guide

 

The spousal path is highly preferred in most cases. I'm sure somebody will come along with a more complete list, but the K-1 visa has a lot of drawbacks (cost, they can't work or travel abroad for several months, etc.).

If there are no 18-20 year old children involved, the only advantage of the K-1 is being a couple months faster. You also must meet in person at least once within the past 2 years from filing, so it sounds like you can't even start filing much beforehand.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thread is moved from the CR-1 Process forum to "What Visa Do I Need?"


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Posted (edited)

Thank You geowrian and TBoneTX for your attention in the matter... 2 more questions. (I move fast but that's the point right?). As long as I am completely forth coming on all documents, will a felony conviction absolutely disqualify us or end up being denied? (No Domestic violence, Drugs or Sex changes). And I was planing to hire an attorney to make sure everything is done properly, to not delay the process. I've heard that although everything can be done to save money, this is the best way to go. True? As always, thank You so much for visiting our Topic Question thread!

Edited by Duyen & Mike

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11 minutes ago, Duyen & Mike said:

Thank You geowrian and TBoneTX for your attention in the matter... 2 more questions. (I move fast but that's the point right?). As long as I am completely forth coming on all documents, will a felony conviction absolutely disqualify us or end up being denied? (No Domestic violence, Drugs or Sex changes). And I was planing to hire an attorney to make sure everything is done properly, to not delay the process. I've heard that although everything can be done to save money, this is the best way to go. True? As always, thank You so much for visiting our Topic Question thread!

Attorney or not attorney is a personal choice.  Attorneys cannot make it go faster and many experiences here where relying on an attorney who made mistakes and caused delays.  The first step of the process is to choose your path.  Next step is your petition which the USC prepares and is on English forms.  When it is time to prepare the Visa application way, way, way off in the future, if you look at the checklist for Vietnam on the HCMC website I am sure they have instructions in local language


YMMV

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Posted (edited)

I’ll just add that as long as the crime is not AWA-related, it shouldn’t be an issue so long as the beneficiary is aware of the details in case they ask. For a K-1, documention must be provided at the time of filing. For a CR-1, it is not required but if it becomes a concern in the background check they can still request documentation.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 hours ago, aaron2020 said:

You mentioned talking online and video for almost one year.  Have you met face to face?

A careful read of the initial post indicates that it has not happened 


YMMV

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Yes, Hello everyone, Thank You payxibka, understood about the lawyers, that is to be anticipated and if that's the path we choose I will try to get a legitimate referral and screen them accordingly... Thank You goewrian! That's good to know and I will be sure to disclose whatever they request at the time of filing and have the other necessary documents ready in case they want them. Thank you aaron2020 for your interest in our journey, as well as payxibka, and again, no we have not met yet and I realize things will be very different once I am in Vietnam. I might add that we did not meet on a dating site. (Just to say that our meeting was natural, as if to meet through a mutual friend and not under any questionable ulterior motives on either part). I had been friends with her niece (3 years younger than her and best friends) for over a year as well and had loved her from afar until I got the nerve to write to Duyen eventually and we have been doing very well ever since. There is an age difference but I'm confident that will not be a determining factor in our particular case. Thank You again to everyone. I hope to hear more from all of our esteemed members moving forward. Any and all advice will be greatly appreciated and followed.

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It appears that her niece was instrumental in bringing the two of you together. That might be an issue. The age difference can be problematic, too. It was during our K-1 interview in Saigon. Vietnam is a tough country for obtaining visas b/c there is a lot of fraud. I prefer the K-1, but others prefer the CR-1. The felony might be an issue, depending on what you did, parole issues, etc. Nothing is easy with obtaining a visa in Vietnam. But if you do it correctly, it is obtainable. You don't need a lawyer. In fact, it seems that lawyers delay things quite often. You can message me if you want. I have a lot of experience in Vietnam and the legal side of things - glad to help. Don't expect much from your teaching job - most are somewhat shady and there isn't a lot of real teaching. I can shed light on that, too. Good luck!

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