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Vietnamese Wife wants to Visit US

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I'm a bit ahead of myself here but wondered what the group thought.  We will be married in Vietnam 4/28/19 (marriage will be registered with govt in March).  I live in Vietnam and work for my US-based company in Vietnam only returning to the US a couple of weeks every few months.  I also own a business in Vietnam with a Vietnamese partner.  We plan to stay in Vietnam for several years until I retire.  At that point we plan to spend 6 months in US in the summer and 6 months in Vietnam in the winter.  The problem is I don't want to file for a CR1 visa because we don't intend to immigrate to the US upon approval of the visa.  I don't want to go through the entire process, eventually get the green card for her and then end up losing it in a year or two due to not spending the majority of the time in the US.  Our intent will be to apply for that in a few years when we do plan to make the move.  So that leaves us with the tourist visa.  

 

She did apply for a tourist visa in June and, not surprisingly, was denied.  What I planned to do was to wait a year after marriage and apply again with the hope that I could explain that we really don't intend to immigrate to the US, otherwise we would have applied for the CR1 right away after marriage and that we really do plan to just visit my family and go back home to Vietnam.  What are your thoughts on a married couple (husband US citizen and wife Vietnamese) that own two houses in Vietnam, own my business in Vietnam and leaving behind her daughter with her parents in Vietnam just to visit in the US?  I know Vietnamese tourist visas are extremely difficult to get.  Is it worth the risk waiting a year and trying it?

 

 

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What is the risk of waiting a year?

 

Leaving children behind would not be a factor, many do that and forget to leave.

 

Your best case is for her to focus on your ties to Vietnam, might mean having to go the immigrant route and then surrender the GC.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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From what I heard, once you fail the the tourist visa, it’ll be another 4 years before you can be interviewed again, without special treatments. Your best bet, in my opinion is to just file for marriage. Just that you have to spend 7 months in the US instead? Or you can apply for tourist visa and go on vacation to nearby countries, just to show that you intend to come back. My aunt, she has to go to the philipines, now canada, and hopefully US next. She just couldn’t get a tourist visa to US first try. Hope this help


May 7, 2014 - I-130 sent to Chicago, IL Lockbox

May 12, 2014 - Case recieved at Chicago, IL.

May 13, 2014 - Case accepted. Received LIN#. Case forwarded to USCIS, Nebraska. i-797 hard copy received shortly after.

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3 minutes ago, Boiler said:

What is the risk of waiting a year?

Sounds like she already tried once and was denied. Maybe he's thinking to wait to add credence to their case?

 

1 minute ago, Jho369 said:

From what I heard, once you fail the the tourist visa, it’ll be another 4 years before you can be interviewed again, without special treatments.

Huh? I have never heard of anything like that....source please? It's not like there is some magic waiting period where chances will go up after 4 years. Everything is decided by what is presented at the time of application. What do you mean by "special treatments"? :wacko:


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

30-Mar-2020: N-400 early filing window opens! 🇺🇸

 

 

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12 minutes ago, millefleur said:

Sounds like she already tried once and was denied. Maybe he's thinking to wait to add credence to their case?

 

Huh? I have never heard of anything like that....source please? It's not like there is some magic waiting period where chances will go up after 4 years. Everything is decided by what is presented at the time of application. What do you mean by "special treatments"? :wacko:

My source is my Mom’s friend in VN. She failed the 2nd interview because they stayed longer than said. They didn’t break the rules, they just didn’t leave and stayed until their visa expired. They couldn’t interview again for another 4 years. But this was 5 years ago. And if you dontknow the special treatment, let’s just not talk about it :) 


May 7, 2014 - I-130 sent to Chicago, IL Lockbox

May 12, 2014 - Case recieved at Chicago, IL.

May 13, 2014 - Case accepted. Received LIN#. Case forwarded to USCIS, Nebraska. i-797 hard copy received shortly after.

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Sounds like a 5 year bar for overstaying by more than 6 months.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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**Moved from Vietnam regional subforum to Tourist visas; OP will get more relevant answers there**

 

5 minutes ago, Boiler said:

Sounds like a 5 year bar for overstaying by more than 6 months.

Yeah, a totally different scenario than what the OP was asking about.


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

30-Mar-2020: N-400 early filing window opens! 🇺🇸

 

 

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4 minutes ago, Boiler said:

Sounds like a 5 year bar for overstaying by more than 6 months.

They didn’t over stay their allowed time. They said they were going for only 2 months but stayed for the full 6. Like I said, they didn’t break the rules. But yhen again, that’s what i heard. What actually happened could be completely different. The end result was that whatever they did, they weren’t allowed to re interview for 4 years. I’m not saying that this is the case for everyone though but it will be extremely difficult to re apply for another one right away.


May 7, 2014 - I-130 sent to Chicago, IL Lockbox

May 12, 2014 - Case recieved at Chicago, IL.

May 13, 2014 - Case accepted. Received LIN#. Case forwarded to USCIS, Nebraska. i-797 hard copy received shortly after.

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3 minutes ago, aaron2020 said:

I guarantee you that your mom's friend broke the rules.  Time allowed in the US is not determined by the visa expiration.  Time allowed in the US is determined by the I-94.

Special treatment?  Or you not understanding that your mom's friend overstayed her I-94?  

See my response above.


May 7, 2014 - I-130 sent to Chicago, IL Lockbox

May 12, 2014 - Case recieved at Chicago, IL.

May 13, 2014 - Case accepted. Received LIN#. Case forwarded to USCIS, Nebraska. i-797 hard copy received shortly after.

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There is no provision to bar anyone applying to visit, pay your money and you get an interview.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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20 minutes ago, aaron2020 said:

People don't get bans for complying with the terms of their visas.

 

None of this is even relevant to the OP's problem.

 

You are essentially repeating rumors.  Bad rumors.  

 

This is correct.

 

**Moderator hat on**

 

***Second hand information about a situation that is not germane to the OP's circumstances is not to be belabored any further in this thread; once such post has already been removed.  Appropriate action will be taken if the direction I have given is not heeded.***


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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7 minutes ago, Ryan H said:

 

This is correct.

 

**Moderator hat on**

 

***Second hand information about a situation that is not germane to the OP's circumstances is not to be belabored any further in this thread; once such post has already been removed.  Appropriate action will be taken if the direction I have given is not heeded.***

People are still unfamiliar with communist unwrittened rules are beyond me. But according the the law, everyone in VN can just apply AND pass for a tourist visa to the US right? 


May 7, 2014 - I-130 sent to Chicago, IL Lockbox

May 12, 2014 - Case recieved at Chicago, IL.

May 13, 2014 - Case accepted. Received LIN#. Case forwarded to USCIS, Nebraska. i-797 hard copy received shortly after.

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