Jump to content

9 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hi all,

 

First time poster, long time lurker.

 

I'm getting ready to submit a K-1 visa application for my fiance, who is Vietnamese. I'm not worried about meeting the relationship criteria. We've met multiple times in the last year and have ample evidence. Our relationship is genuine.

 

I proposed to her back in December, and we found out in January that she's pregnant. We are both so excited! We realize that the baby will be born in Vietnam, which is actually what we were planning on when we talked about having kids. We're timing things so our child can spend the first year there, and they will both come to the US in fall 2027. I know to file a consular report of birth abroad. I talked to a lawyer and all three of us will go in person to the Embassy in Hanoi. Not an issue.

 

What I am unsure of, however, is if I should submit translated ultrasound reports as part of the documentation for our application? I could see it having some bearing on proving our relationship is genuine, but I can also see it being extraneous. I would lean more towards send it now to avoid USCIS requesting further information down the line, but was hoping someone here might have some insight.

 

Thanks!

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)
51 minutes ago, sluchie88 said:

First time poster

Welcome, but you apparently posted in 2018:

https://www.visajourney.com/profile/302237-sluchie88/content/?type=forums_topic&change_section=1

51 minutes ago, sluchie88 said:

we found out in January that she's pregnant. We are both so excited!

Congratulations!

51 minutes ago, sluchie88 said:

if I should submit translated ultrasound reports as part of the documentation for our application

For your I-129F petition, more precisely (if you remain unmarried; if you marry, it's the I-130 petition -- superior in most ways).  The visa application comes later, after petition approval.

 

Include an ultrasound image (one) if you wish, but don't expect it to expedite your process:

https://www.visajourney.com/forums/topic/671721-no-pregnancy-is-not-grounds-to-expedite-your-process/

51 minutes ago, sluchie88 said:

having some bearing on proving our relationship is genuine

Time spent together in person is the chief factor in verifying a bona fide relationship.

51 minutes ago, sluchie88 said:

We're timing things so our child can spend the first year there, and they will both come to the US in fall 2027

Things might take longer than that.  Be 100% rock-solid sure that your fiancée/wife will be eligible to emigrate to the U.S. in terms of evidence, history, and circumstance.  Ho Chi Minh City (not Hanoi) is not a consulate to trifle with.  Do massive reading in the Vietnam regional forum here for requirements and standards.  Good luck to you!

Edited by TBoneTX

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(!).

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
Quote

Welcome, but you apparently posted in 2018

Ah, okay, my bad. I thought that was a different site I used before. My first wife and I did go through the I-130 process, but she sadly passed away in 2022.
 

Quote

Include an ultrasound image (one) if you wish, but don't expect it to expedite your process:

https://www.visajourney.com/forums/topic/671721-no-pregnancy-is-not-grounds-to-expedite-your-process/

Thank you. I had tried searching the forum to see about whether or not pregnancy should be part of proving the relationship, but all I really found were posts about whether it would expedite the process (answer: nope), or if it would impact paperwork or the actual processing of the petition (answer: nope).

I appreciate the response, @TBoneTX!

 

Quote

Ho Chi Minh City (not Hanoi) is not a consulate to trifle with.

I'll do some reading on the regional section, but everyone keeps saying she'll need to go to HCMC and not Hanoi. But everything I've read on the Hanoi consulate website says they can process her visa application there... Is there something I am missing?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)
22 minutes ago, sluchie88 said:

she sadly passed away in 2022

So sorry to hear.

22 minutes ago, sluchie88 said:

she'll need to go to HCMC

This.  HCMC is the only consulate that processes K-1 & CR-1 visa applications.

 

Edited to add:  Read reviews of HCMC, good and bad:

https://www.visajourney.com/reviews/index.php?cnty=Vietnam&cty=&dfilter=5

Edited by TBoneTX

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(!).

Posted

With all that time and child in the mix, why not get married and file for spousal visa? Superior to fiancée visa and she's LPR upon immigrant visa activation and can work straight away and her time to naturalization starts as soon as she enters the US. 

ROC 2009
Naturalization 2010

Filed: Citizen (apr) Country: Russia
Timeline
Posted

I agree with @milimelo, and to add since you are not entirely rushed, and you want the child to spend their first year or so in Vietnam, it would seem a spousal visa would be the better option.  Regardless, it is you and your fiancé's choice.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Tbh we went back and forth on the topic of k-1 vs cr-1 visas, but in the end we decided on a K-1 because the processing time is slightly faster in Vietnam, and we were limited on how long I was going to be there in spring 2026. From what we read, since she would be marrying a foreigner there would be paperwork and processing time on the Vietnam side for the marriage.

That, and when I talked to a lawyer a few months ago she said that Trump had blocked a few countries as no longer eligible for immigrant visa's. K-1 is technically not an immigrant visa, so it wouldn't be affected, is what the lawyer said. Vietnam was not on the list, but who knows if/when that could change with the orange man.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Ultrasound is irrelevant, by the time of the interview the child will be 1.

“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.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted
2 hours ago, sluchie88 said:

K-1 is technically not an immigrant visa, so it wouldn't be affected, is what the lawyer said.

I wouldn't bank on this.  It's technically non-immigrant, but the intent is understood.  

 

CR1 is cheaper in the long run, too, and your wife could have a traditional Vietnamese wedding spectacle, which looks like a lot of fun if I'm honest!  If you got married now and your wife plans to stay in Vietnam with your little one until babe is a year, you might end up in that achievable window of 2 years of marriage.  If you guys can wait to relocate until a day or 2 after your anniversary, she'll get that 10 year greencard.  Removing conditions is taking forever these days and I don't see it getting any better.  

 

Ultrasound is irrelevant.  

 

You may want to look into what challenges you might face with obtaining babe's birth certificate so you can file the CRBA and get babe's US passport, once s/he are born.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...