tthomas

Hi All,

I just want to let everyone know that it all worked out. The suggestion by Gary And Alla and others that agreed was what worked. We sent in a clear explanation letting them know what we did and why and they did not give us any more trouble about it. We were nervous that it might come up at the interview but it did not and the interview was very easy. I think part of that was becuause we were very well prepared and did not have any other red flags.

I would suggest people avoid doing what I did here but in the end it was alright.

Thanks everyone for the useful advise. Especially the calming advise.

Best Wishes,

Tim and Hiep

Hey Tim..for now go with Plan A like you proposed and provide all the docs to satisfy the RFE for USCIS. IMO..hopefully it should be fine.

At the Consulate stage, the 'wedding' photos should not be a significant issue. You will have an opportunity to address it at the interview if it ever comes up. I submitted a stack of wedding banquet photos to show both families participation. The CO went through it in front of me and included it in the file. We have no problem with that issue for our K1 case.

Don't stress out too much..One thing at the time, don't talk about jumping to CR1 just yet...even if it will work..good lucks!!!

Thanks for the encouragement. This is the plan that my fiance has suggested as well. She has seen many on the Vietnamese forums that have had wedding parties and submitted photos to the consulate. If we can get past the USCIS then she thinks it will not be a problem based on others' experiences. She also encouraged me to just respond to what they asked for and not mention any more.

Here is the current plan:

Respond to RFE with

-- letter explaining that the photo was of us in rented outfit for a hired photographer prior to the dam hoi, including the photo that caused the confusion

-- letter explaining why we cannot provide certificate of marriage and termination of marriage, along with certificates of single status from both our governments.

With the first letter I may also include a photo from the engagement party that she is wearing a white dress and explain that it is only a dam hoi ceremony.

Hopefully I will update the post in the future with good new or whatever the results are.

Tim T

The picture that I sent was a picture of my fiance in a wedding dress with my father that we took a few day before the engagement ceremony. I chose very poorly when I labeled it, "Sister Jackie, Hiep, me and father before wedding photos".

We were dressed like that because we hired a photographer to take photos so that we could have a wedding album and also a big picture outside the wedding party in the future. We took the pictures on that trip because we were in a very beautiful setting and also we would have had to rush them for the future occasion. We did indeed have a wedding party on our next trip but that was after we had already sent the packet in so the packet did not have any picture of the wedding party that had not happened yet.

I had no idea that having a wedding party would be a problem. Once we had an engagement party my fiance's family was very insistent that we have the wedding party as soon as possible. There were two dates that the astrologers (I'm not sure if that is the proper word) that were consulted by her aunt said would be good for the wedding. Her father asked asked to do it sooner than later because his health is failing. So we had a wedding party in February. Trouble aside it was a wonderful experience. It brought me much closer to her family.

I met with an immigration attorney. Here is the plan that was decided on:

-- We will each provide documentation from our governments that we are single.

-- To the request for a marriage certificate we will each reply to the specific request saying that we cannot provide the requested documentation because we are not married.

-- To the request for divorce or death certificates showing termination of prior marriage, we will each reply that we cannot provide this because we have never been married.

-- I will send an explanation along with the picture explaining that this picture is taken for a wedding photo shoot and are not of a wedding. And that the other pictures that look like a wedding are the engagement ceremony.

I think I am going to have to mention that we have had a wedding party and hope that they will let us continue. I do not want to risk any kind of deception by lack of disclosure and risk getting flagged as fraud.

I was thinking that if we got to the consulate in HCMC that that wedding party would not be a problem but from the latest comments I am suspecting that I am wrong about that. If we need to start over and file for a CR1 it would be better to start now than get all the way to the interview and then start over.

It can be a big deal if DoS confuses the Dam Hoi and Dam Cui.. Many here have had the same photo shoots done and we always recommend that you don't send wedding style photos as it tends to confuse the little mided CSR's that handle the paperwork. Best thing is to send in a affidavit that says you were not married before or yet and explain the photos... as a cultural thing that is commonly done prior to the actual wedding in VN.

Thank you for the advise. I may be in even deeper. We had a wedding party on my last visit. I am worried now that they may accuse us of fraud if I claim to not be married or try to hide it. I would like to try to continue on with the k1 for speed but I am not sure if it will risk plan B, getting married and getting a spousal visa.

I wonder when the Vietnam forum people will show up and insist that including/openly posting photos in wedding attire when applying for a K-1 is perfectly fine, even expected? (http://www.visajourney.com/forums/topic/354194-interview-proof-of-relationship/) Still seems like a potentially problematic idea to me, and this situation illustrates exactly why. Even if it *is* completely normal to have a universally accepted symbol of something (wedding dress = marriage) not necessarily mean what it symbolizes at all in a particular context (Vietnam), there's no way to ensure that everyone throughout this lengthy and multi-location process will understand that, so even if it is possible to overcome a problem like this, why would someone willingly risk the headache? Good luck getting this sorted out!

Would it be bad etiquette for me to re-post this on the Vietnam forum?

Darn, I did not know. It is important to have the engagement ceremony in Vietnamese then have a wedding party. I did not know that it mattered if you have a wedding. I thought it would only be a wedding with a certificate. I guess I messed this up pretty good.

Thanks for the replies.

Tim

Hi All,

Today I received an RFE notice in the mail. We are applying for a k-1 visa. My fiance is from Vietnam.

We had an engagement party and back in October. At that time we had pre-wedding photos taken so that we would have the big picture for the wedding party that we had on the last visit in February. We did not get legally married and planned to do that when we got to a court house here but had a wedding there for her family.

When I turned in our first I-129F package after our engagement party I included the photos of us in wedding outfits.

The RFE is requesting a “Marriage Certificate”. It is also request “Termination of Prior Marriage” proof from both of us.

I am not sure how to respond correctly. Neither of us has been married before. I gave and explanation with the I-129F form detailing each visit that explains that we had photos taken for a future wedding party. It is confusing because I did not apply for a spousal visa.

I have attached a pdf of the RFE.

Can anyone give me advise on how to proceed?

Tim

2-3 weeks to get an RFE in the mail.

Does anyone know if there is a way to find out the reason before it arrives in the mail?

Tim

Hi All,

I found out that we are getting and RFE a couple of days ago checking out status on the USCIS website. The last update on the case was 3-28. I am anxious to find out what is being requested..I wonder what I missed in our first packet. I tried to be very thorough.

I think waiting for the mail to arrive is the only way I can find out what needs to be addressed. Does anybody know about how long I should expect to wait to get it in the mail. I feel a little worried since I have not received it yet. I am thinking it would go out in the mail on the 29th so I think it should be here but I really don't know if it takes them time to send it out. I am in Washington state and it is being handled by the California service center.

Anybody else have any experience with this they can share with me?

Tim

I want to suggest that you try for a K-1 visa. See if you can take your time and do it as properly as possible. Trying to cut any corners or sending in forms incomplete or with mistakes will cause more time in delays than taking the time to try to get it right.

I think it may also be a good idea to try to get mentally prepared for the long process. I have been able to visit every 4 months since we started our relationship and I miss my finance very much. Skype helps a lot but since I turned in the first packet and am waiting for NOA2 it feels like time is standing still. It has only been about 2 months so I think I still have more waiting to do. On the last trip we had the engagement party and it was a wonderful experience. If it had been up to me I would have rushed more and had a small party to just try and get the visa but instead I decided try and instead consider what her family wanted. I want her Father and Mother to like me. The party was great and the food that her mother and sisters make is delicious. It was not the first time that I met her family but I now feel much closer to them and look forward to being more of a part of it. In few weeks we will have the wedding party when I visit again. I am rambling a little but my point is this is a long process and it may not go as fast or the way you plan it. Mine has not but I think in the end it is better that the way I wanted it.

So, I suggest that you try for a k-1 and hope that she can be in a year or so. If there are any reasons that you think she may be denied a visa (red flags) then I would try to address then right away and seek legal help if the advise on the forum cannot help.

I hand-wrote the year only and have no problem with NVC. My wife's father ID and Ho Khau has only year (1952) so I wrote "1952" on all the requested forms.

That makes me feel a lot better and less worried about it. I appreciate the help and sharing of your experience.

Later on at the interview, the bereficiary will have to submit her family registration book (Ho Khau). Just put in her Dad BD according to how it appears in the Ho Khau. You can further clarify it with an accompanied note, and you won't have any problem as long as you are consistent.

Thanks Ronnie and Hang, I will check with Hiep to see if they have a Ho Khau. She has mentioned that her father has identification but it only has the year on it. I am glad that you brought up the Ho Khau so that we will make sure and have it when we need it at the interview.

Thanks everyone for your responses. I think I am leaning toward Ryan H's suggestion of putting the year down and then attaching a statement that we do not know that exact date. I feel nervous about leaving it blank. My second choice would be to just pick a date but I don't like the idea very much. Neither her mother or her father have birth certificates so I hope that this does not end up getting asked for.

Tim

Hi All,

My fiance, the beneficiary, is filling out her G-325A form. Her father knows the year that he was born but he does not know the month or the day. We are wondering what the best way would be to address this on the part of the form that asks for his date of birth?

Tim

Thank you all for all of your help and suggestions on this. I appreciate all the responses. Even the ones that scare me a little. I did not realize that there is a Vietnam specific forum and I am currently reading that and finding it very helpful.

We are planning and engagement party in October at my fiance's parent's house. We are going to submit the I-129 after that and I am trying to get as much of it done as possible before hand.

Thanks all for the help.

Tim and Hiep

Ttomas -

I scoured all of the post on the Vietnam forum and ran into an interesting article that you should read before you file.

I actually found it yesterday. Had I came across it before I filed the k-1 visa, I would have done the cr1 instead.

My fiancee is currently waiting for her interview date in HCMC.

I also recommend that you read all of the k-1posts on the VN portal as it will help you.

I'll post link tonight.

Thanks Jac_chappin,

I am very curious to read what you post.

I am still finding my way around on here. Is te VN portal part of this web site? I will try to find it.

Thanks for your reply

Hi all,

My Fiance and I are just getting started on the K1 process. She is from Vietnam.

I have a couple of questions about the letter of intent to marry.

Question #1

In Vietnam her name is usually written family name first, middle name, then given name. This is the way it is on her identification. To decide if we should write it in the letter the same way as in Vietnam or if we should modify it to the normal USA convention of Given name, Middle, Family name.

Should we list it:

<Family name> <Middle name> <Given name>

or

<Given name> <Middle name> <Family Name>

question #2

What address should we put on it? I live in Washington State. Right now we have:

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

USCIS

Texas Service Center

Attn: I-129F

P.O.Box 660151

Dallas, TX 75266

Thanks in advance for your help.

Tim