Jeff and Hanh

Thank you for responding, we are going to try and get it to the married name at the interview for the 10 year GC if not we will just wait until she is a citizen and change it.

When does my wife start getting to use my name, and how do we change it? When we filled out the paper work for the 2 year green card I thought it would have her new name on it but it didn't which caused some problems and we ended up switching her SS card and drivers license back to here given name. Now we are about to send the I-751 for a 10 year green card, its asking what her name is. Do I put her Married name we want to start using, or her given name that they seem to want to stick with? We would love her 10 year green card to have her married name.

Ok Thanks again

Thank you!!

Ok Thanks I guess another way of asking the other question about my not working is can you have a co sponsor for this portion?

Ok my wife got here 5 June, today we got married. But I got a few questions. If I'm right the next step is do the:

1) "Adjustment of Status"

2) "Employment Authorization Document" (so she can work)

3) And an "Advance Parole" ?

Is That right?

- how much will that cost?,

- and I see I have to do another Affidavit of support but I haven't worked much in the last few years because I was in Vietnam for over a year and since I've been back work has been slow. Been living off savings but now that's getting low too. We are thinking about moving to where there is more work. I never even filed income tax last year.

Will I need someone else to do the Affidavit Of support too, my sister will do one?

If I move who do I need to tell?

Any help will be appreciated.

Ok My sister got the NOA2 in the mail, so I updated my timeline!!!!!! Now do I need the original for the interveiw or will a scanned copy be ok. I am here in Vietnam so need to know if she needs to send me the original.

http://www.visajourney.com/content/k1flow

Thank You!!! I knew that chart was somewhere!!! LOL!!!

Ok my question is this I just got an e-mail saying:On April 19th 2013 we mailed you a notice that we approved this I129F Petition. Please Follow the instructions on the notice,From the USCIS. Well I am in Vietnam with my fiancee, not at home. Do I need to go home? what are the instructions?, my sister will get my mail but is this regestered mail where I have to sign for it, I thought after the NOA1 it would be safe to come here, that the next step was here in vietnam, in fact I thought the NOA2 would be sent to her not me.

Also how much longer is this process normally, sorry I had it kinda figured out but this delay at USCIS has thrown me, and I had almost just gave up, married here, sold my house and lived here. Both of our lives are kinda on hold because we don't know where we will be living, start a life here in vietnam or wait for USA, LOL!!!!

First, she is NEVER required to stay in the United States. She could leave anytime she wants to. The consequences are if she's got a green card and stays abroad for more than a year without a reentry permit then she'll lose her green card. If she gets a reentry permit then she can stay abroad no more than two years without losing her green card. If any immigration officer concludes at any time that her primary residence is not in the United States then she can lose her green card. She only needs to stay in the United States and maintain her primary residence here if she wants to keep her green card.

Being married to a US citizen will likely make it even harder for her to get a B2 visitors visa. Once she's admitted to the US, as the spouse of a US citizen she can skip the spousal visa process and just apply for a green card. It's legal to do this, but it's not legal to enter the US specifically with the intention of doing this. It's called preconceived intent, and it amounts to misuse of a non-immigrant visa. The consulate will strongly suspect this is what she plans to do, and it's their job to stop her. If she applies for a visitors visa they'll probably tell her to get a spousal visa instead.

Better plan on your family either coming to Vietnam to meet her, or going to a third country that she could get a visa more easily.

Hmm interesting, but thank you for your reply. Well my family isn't going to like that my mom is to old to be making that trip, and I wanted Hanh to at least be able to visit USA. I guess my family will have a member they might never get to meet, alot of friends and family will be disappointed. And you got me wondering about giving up my US citizenship, don't see any reason to pay taxes somewhere we can't go to and living here seems kinda nice really, but hate to do that because in a few years we might want to move to america. Think I might have to get some legal help to answer some questions.

What happens if we get approved for the fiancee visa, then just don't get married and we come back here before the 90 days, will that kill any chances for a spousal visa in a few years.

Hello its me again, I am trying to find the requirments for after we get married in the USA. Questions about her working, or can we leave USA and come back here to Vietnam.

I am here in vietnam now and we are thinking about a couple business deals here, we are just researching them now, but next week we are going to go look at a some property to build a business. With the economy in the USA the way it is, I'm thinking of investing here in vietnam, the problem is if I do that it makes more sense to get married here then do the fiancee visa thing. Because I think once we are married in the USA she needs to stay there, and since we would have a new business here we would need to be here not there. So I'm trying to figure out what to do, I'm thinking cancel the fiancee visa, get married here, then in a couple years maybe apply for a spouse visa. Question if we do that and get married here I would like her to come visit my family, would it be easier for her to get a visitation visa to the usa being married to me, and us having a business and stuff here.

Am I correct that after marrage with a fiancee visa she has to stay in USA and how long is that requirement if I am right? What about her working in USA. We origanally planned on starting a business there, but I think getting it started here would be easier, and maybe we can expand to USA in time, but we could reverse that.

significant other... They send Pkt to the So or beneficiary.. not to you. at this point they are dealing with her not so much you anymore.. You still have work to do though.

Oh ok cool so being over there won't hurt. I understand there is a chance I might have to cut my time over there short to come back and get more papers.

I am a usc and my mom is, I don't know what SO is?

should hear about pkt 3 in about a month or so.. more or less... depends on the BS going on at NVC right now.. they are actually adding an extra month to most cases so it may be 2 moths with NVC's BS...

Ok thank you my mom will watch my mail just in case but really want to go see my love.

Well got the NOA-1 in the mail not much info there but ok, thinking there will be some dead time now so I'm flying to vietnam in two weeks for awhile. After your NOA-1 how long before you heard anything again?

You can go in with her if you're a USC. Just bring your passport.

If you're serious about bringing her over here, you really need to do some research so you can navigate through all the paperworks.

Maybe I should've said IR-1. An I-130 is a petition you file with USCIS to apply for an IR-1 visa for your wife. Just like the I-129F you filed for the K-1.

I believe the K-3 allows your wife to come to the U.S. sooner while waiting for the IR-1 to be approve.

Research throughly, then decide what route you want to go. Don't file a petition and change path halfway through. That'll just create confusion for you, USCIS, and the consulate....

Your mom? Aren't you 47? LOL

Yes I'm 47 but I do have a mom LOL!!!

If your sister is willing to be the joint sponsor then you've overcome what appears to be the biggest hurdle. If you're able to go to VN and marry, then petition it should work out. Doing the K1 and using a joint sponsor is just too much of a ####### shoot at HCMC.

You could even be there with her through the interview as you've got a life established in the US and thus will satisfy the US domicile requirement.

Yes I plan on being there for her interveiw, don't think I can actually go in with her right? Hey just got my paper NOA-1 in the mail.So I will head over to vietnam here shortily for a little while.

Now we are going to try the K-1, and if that doesn't work we will try what I thought was the K-3 but it sounds like I might be wrong, don't know what this I-130 even is. Now you can't change paths halfway thru can you?

Ok my mom is here so might not be on as much but will check now and then.

ALMOST ALL of her family members already in the US???

No I said one of the things that makes her not worried about comming to america is her family is in vietnam, she does have a sister in Canada and one in france, the only family in the states is an aunt, which I don't know much about she doesn't talk much about her.

And I am fully functional, although I will admit building bridges and such kicks my butt sometime's since its usually heavy timber not 2x4's we use lol!!! Might have to find a less physically demanding job sometime, but to be honest I love the hard work outside.

Trust me, she wants to come to the U.S. Are you in your 20s by any chance?

I wish I was in my 20's LOL I'm 47. And I don't know I think she does in away but she also says her parents are getting older and all her family is there, well except for 2 sisters. She has a good job she loves too and is worried she can't do as well here in her field. She is a graphic designer, and does rather well. She said she always dreamed of visiting the USA but never really thought of moving here until she met me, and she does worry about the cost of living and stuff here.

I told her yes its expensive here but we also get paid well most of the time. Its kinda funny her name is H. Nguyen too, Hanh

No the problem is not money or tax returns, its the letter from employer. My fiancee told me to quit worrying, we will try with my pay stubs, tax returns ect. (I think I will get a letter from the Union) if we get denied we will get married in viatnam and I will live there until we can get the other visa. She said it doesn't matter to her where we live as long as its together.

As of now once I get the NOA-1 in the mail I'm going to go to vietnam for a month or so, I have only been there once for 3 weeks, then we met in thailand for 3 weeks, so a few more trips will be good anyways.

Good night everyone

Oh and my sister said she would sponser her if do have to go the K-3 route! So that takes some strain off us if we have to go that route.

cant you just use your 2011 returns? It may be cutting it close but just submit them, and if the tax season comes up before the interview, simply get a tax extension and provide the embassy with that for 2012. You can email it to her the day before the interview if you like, they dont have to be originals. Am I off on this guys? It seems to me in my "4 beers in state" that this is not even a problem. 9 months from now, (which is about the time frame for the k1) is May. What's wrong with the extension?

No the problem is not money or tax returns, its the letter from employer. My fiancee told me to quit worrying, we will try with my pay stubs, tax returns ect. (I think I will get a letter from the Union) if we get denied we will get married in viatnam and I will live there until we can get the other visa. She said it doesn't matter to her where we live as long as its together.

As of now once I get the NOA-1 in the mail I'm going to go to vietnam for a month or so, I have only been there once for 3 weeks, then we met in thailand for 3 weeks, so a few more trips will be good anyways.

Good night everyone

You seem awfully quick to throw in the towel. And working as an English teacher in a reasonable school is a lot more of a headache than you can imagine.

There are plenty of VJ members who are union members and qualify for sponsorship. But you have to be earning an income. Or have a chunk of cash/assets to replace the income shortfall.

Getting married there and moving to the US still requires an affidavit of support to obtain a visa.

If the goal is to live together in the US, then plan accordingly. Yes, you will be a part for some months. That's just part of the choices we make.

Actually that is what is so frustrating, like I said this year I have already made more then enough, same with last year, I just got back from working in afganistan July 15th. But my job here is never steady, and not with one company, its with one union but not one company. Actually on the document that asked about work history I put Pacific NW Carpenters Union Spokane WA, and then on a seperate paper listed the jobs I had through them. I could get a letter from the Union, that I have worked through them since 2001 with the exception of last year when I was in Afganistan.

I mean if they would look at my job history, and all that it isn't that difficult. There are slow time, especially up here in the winter, and there are times you work 60 or 70 hour a week.

And if we forget wages and go with assits I would be borderline.

Go to Vietnamese Embassy website. It's all there.

Ok thanks alot all you guys, sorry I'm a pain but I want to be with my fiancee.

A whole lot of patience, and the urge to hold back strangling the officials there for starters (seriously)

I got married this year in Vietnam in HCMC, so I'm speaking from experience. Your experience may be different in the rural provinces or Hanoi, but this how it went for us in HCMC

- Your first step is to book a wedding ceremony and announcement party and invite everybody she knows.

- You will need this paperwork packet filled out and authenticated by the Vietnamese Embassy in USA.

You can find all the forms here.

http://vietnamembassy-usa.org/basic-page/legalization-document-marriage-registration

I recommend you get a service to do the documents for you if you live in an area where there are a lot of Vietnamese and have access to one. The bureaucrats in Vietnam are picky about everything and having a service do it minimizes your risk.

I hired King Solomon Multi-Services agency to do it for me. However, when my fiancee went to the Justice department to ask if the forms were OK, she was told they used the wrong application form (even though the Vietnamese embassy approved it!) and I have to Fedex her a different signed form, which she filled out and then our application was accepted.

The tricky part is this mental health certificate. Even though I got one performed at KS, it was rejected. You basically have to get it at their hospital in Vietnam. It's good for three months. It's basically a scam to get money from you, but you must do it.

You will have to give the people at the Justice Department some coffee money. There is no way around this. They will not take your application without it. You either hire a Dich Vu or do it yourself. My wife tells me that she saw people yelling at their Dich Vu, because they failed to get the marriage certificate. So a Dich Vu is no guarantee of success. If you hire one, make sure he has a good track record.

After your application is accepted by the Justice Department, they automatically set a date for an interview. You must come to the interview in person.

At the interview, if you do not speak Vietnamese, you are required to have a translator. You do not have to hire someone who is in league with the justice department. Our translator was a friend. The interviewing officer understood English, but wanted it done in Vietnamese. I could tell the interviewer was comparing the English to the Vietnamese as I interviewed and our translator translated. The interviewer wrote everything down that we answered.

We were interviewed separately and then together.

Questions they asked:

- How we met

- What is my/her job

- How many times I visited her

- Why I want to marry her instead of an American and spend the money to come to Vietnam.

- Why I want to marry her instead of a Vietnamese in America

- What I like about her (what she likes about me)

- How we communicated (in what language)

- What percentage of the time can you understand each other

- If any of my family was coming to the wedding

They also called us in together and wanted a small demonstration of us speaking together in English

Evidence we were asked to submit:

- Authenticated copy of my passport (signature and picture page and the pages that contain entry and exit stamps

for Vietnam) from the People’s Committee (basically a copy with their stamp on it). We got this done before

the interview, as I was expecting it.

- Some photos from each calendar year of our relationship.

- E-mails from each calendar year of our relationship

- Phone call logs from each calendar year of our relationship

- The receipt /contract for our Le Thanh Hon showing the down payment or full payment depending on if your

wedding was before or after the interview (we showed the original and they kept a copy)

- A wedding invitation

Our interview was successful and they approved the application. We were told to come back within 7 days of a certain date to sign it (about 3 weeks after the interview). We came back, signed two certificates (they gave us two originals), and left happy that the ordeal was over. You must sign the marriage certificate in person.

You need between 20-25 days to have them process it. You must go to the interview and sign the certificate in person. You really need to plan this, if you don't you are going to fail miserably.

Ok thanks I copy and paste this to her, so she has an idea what we are in for. I knew it was going to be a pain either way but really thought the K-1 visa would be the best. Her family will be happy, my mom is totally bummed, shes afraid she won't see me any more, but she understands.

If you plan to marry her over there....you have to start the paper works in the U.S.

There are certains things you need to do before you go to Vietnam.....

First off I didn't mean the marrage won't happen it will, I meant the k-1 visa isn't going to happen. She can't answer questions about my job anyway since I don't have one. And lets face it being a union carpenter and working for different companies just doesn't seem to fit this mold, so I would have to find a new career which will start out low paying, although I think a minimum wage job would be enough to pass the 125% of poverity or close to it. And if I'm over there we will be together and won't care as much about how long this takes. She thinks she can get me a job teaching English over there, and she can keep her job as a graphic designer which she would have to give up until she gets that green card thing, if she moved here.

I already wrote her an e-mail telling her to look into different idea's, but I'm thinking I will head over and spend a month there and test the water, then come home either sale my house, then go get married and apply for the different visa that lets me have a co-sponser. I think I have 5 years before I lose my american citizenship, right?

Or find a different job here but its very frustrating to have to give up a $30 dollar hour job that is "off and on" for a $10 an hour steady job. I have already tried this because it bugged me to not be working full time, but I made less with the steady job then I did with the higher paying "off and on" job.

One way or the other we will be together just don't know which country LOL!!!

But what do I need to do here to get married over there?