luukee

Everyone has an opinion, and yours is as valid as anyone elses.
And while we're on the topic of opinions, I'll give my opinion on your opinion.
Mr. Nam can be a !@#$%. I think he fancies himself a proxy for a hard nosed CO involved in a Stokes interrogation. I sat next to my wife (she was my fiancee at the time) while he was throwing questions at her. When he got out of hand, I stopped him. I ended up arguing with him several times about his line of questioning. Of course, he could back up what he was saying with actual recent cases where the same questions were asked. My point was that if the interview degrades to the point where your fiancee or wife is being asked humiliating or degrading questions then the case is already lost - she is not going to be leaving that consulate with a visa any time soon.
I told my wife that SHE has control during the interview. They cannot keep her there against her will. If, at any time, she feels like the CO is out of line with their questions then she can refuse to answer. If the CO persists, she can walk away. There are plenty of other avenues that can be pursued. I told Mr. Nam, in no uncertain terms, that he would not ask embarrassing or humiliating questions.
Mr. Nam also made mistakes with our documents. A LOT of them. Given the amount of time you spend with him and his associates, the same thing would happen if F. Lee Bailey were your attorney. They don't know all of the details of your life, and they aren't going to learn them in a few short hours. You have to read each and every document they prepare, and make them correct any mistakes. This doesn't just apply to Mr. Nam and Marc Ellis, but to ANY attorney you hire for ANY reason.
That said, the documents were complete and well organized once I had them correct the mistakes. He knew how to organize them for presentation at the interview. He also had a good eye for selecting photos for evidence, and pointed out some things he thought were good or bad that I wouldn't have noticed. Overall, the interview prep sessions went well, aside from me occasionally interrupting as I mentioned above. My wife felt less nervous and better prepared, and that was the main objective.
I've had a fair amount of experience with lawyers for a variety of reasons (none of them criminal ). In my mind, what you hire an attorney for is primarily their experience. That's the one thing you can't acquire on your own without having been an attorney for an equal amount of time. You already have the knowledge of the facts about your case, and you can learn the applicable laws and the process. You and your attorney are like two halves of the same brain. When you work together you can be successful. If you leave it up to the attorney to do all of the work then you're probably going to fail.

This has almost become an advertisement for Marc Ellis. The fact is that there are many lawyers out there that can help out anycase, and just because you hire ANY of them this does not mean you will get a visa. Some people swear by them, but this is not accurate, as they had an lawyer, so what if they did not have him? The outcome might have still been an approval, or maybe not, no one knows for certain. So before you hire any lawyer, just make sure that you know there is still the possibility that your case can get denied with or without him. Also take note that the interview itself will be done by a CO and your loved one only, no lawyer can go with your loved one into the interview, the lawyer mainly will make sure that your case is put together professionally, and that you can have answers to any possibly identified redflags resolved prior to your interview, this is truly about all that any lawyer can do in a visa case. Jerome

The police report is good for one year from issue date. It tool my wife 4 weeks to receive the police report after she applied, it took almost 8 weeks before we had the interview. Good Luck

I forgot to mention we were married at the department of justice and we asked about the police report while we were there.

No, from the date we received the NOA 2, We immediately applied for the police report and which took 4 weeks, our interview was 8 weeks from the NOA 2

I lived with my wife in Ho Chi Minh City when I filled the I-130 In September 2013. The process took us 353 days with no request for additional information, all documents were sent either overnight UPS or paid online using the internet. VisaJourney enabled us to complete the process without the aid of an attorney. We did asked an attorney in HO Chi Minh City one question and she gave us the wrong answer. We asked if USCIS needed a consent letter from my step daughter's father and were advised yes. As it turned out we did not need the consent letter until we were interview at the consulate after the USCIS process. The interview was courteous, professional and our pictures (some 200) were asked for. After the interview it took three days to receive the passports with the visa delivered to our home. Entering the US through Chicago took about one hour in the immigration office where the passports were stamped. Green cards arrived two and one half weeks after that. The one thing I want to emphases is no matter how well you think you are prepared and patient you think you are you will have times when you will be tried. Just take a breath, regain, and move one.. Thanks to everyone that answer a question for us, posted an article or replied to a private message. Good Luck to everyone on the VisaJourney...

I really don't know if those do or not.

Try to remember it's 180 days, not 6 months. Feb, for instance, is shorter, and other months are longer. 180 days or whatever is stamped on her passport (sometimes they do not give you 180 days, but she should leave by that stamped date.)
You're welcome.

I have a 10-year (had lol) multiple entry visa. In 2013 I came for 2 weeks in April and then came back for 2.5 mths starting may. I then returned December 25th. I made sure that my total time for the year did not exceed 6 months. Not sure if 6 months is the total for the year but we tried to stay within that boundary.
We used to get physical 1-94 forms but since last year Fall it is all computerized and you no longer get those little white forms where you have to leave the stub when leaving the USA.Your entry and exits are all now fully computerized. And yes, it is a new entry/exit everytime.

It depends. The CBP will stamp her visa. But it's generally considered 180 days per 365. The 180 days doesn't just magically reset on New Years Day. Staying longer than 180 days will start to earn overstay and may trigger a ban of 3 years. (That means an expensive waiver and more time for immigration.) I highly suggest being very careful. Not to mention that long stays may not look good to the CBP and run a risk of denied entry. She should never lie about her intentions to the CBP. If her purpose of her visit is to spend time with you, she should say that.
But even a denied entry won't impact her immigration. Our esteemed Saylin was denied entry twice (she is Canadian) and there was no issue at her interview. CBP and USCIS don't share info unless the CBP starts looking deeply. Her passport isn't immediately flagged with immigrant intent.

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.

So- we got the B-2 visa!

Thanks buddy (no name 88/ newbie)- It was your original posts that gave me the confidence to go and try, and everything that you said worked for me - we had almost identical experiences. I want to share so that other people who read VJ will have the benefit of our experiences and not just the unfounded assertions of some of these posters.

In the end VJ was a good resource for me- because of you and some others as well but it is important for people who read this forum to understand that not everything you read here is correct. If somebody says something, ask yourself "Do they really know that what they say is true?" Beware of people who just assert things as if they were facts, without backing it up with either "this is what happened to me" or "it says this on official US web-pages" or some equally valid way to show that what they are saying is true.
If they can't back it up, then maybe it's true, maybe it's not - my advice at that point is to give it the same weight you would give idle gossip. This forum is more valuable than idle gossip, and should be, but you must sift through it carefully for this to be true for you.
Everyone who said that being married to an American was a strike against was dead wrong. They asked to see the marriage certificate (be sure to bring this if you are married), were satisfied with that and moved on.
My wife also showed the CRBA for our son. I think she just did this initially while telling her story. The consular official did ask "So you have an American husband and an American son, how can we be sure you will come back?" My wife answered that her son was half Vietnamese, and that Vietnam was also his homeland, so he HAS to come back.

They did ask a lot of financial questions. The fact that my wife owns a house - the house that I reported about above, seemed to count for a lot according to my wife. I had prepared a booklet with photos of the place, scanned receipts, and spreadsheets of the costs. She used it to tell her story and the official listened but did not examine it closely. Her parents have actually deeded her a part of the property (we built a small guest-house on their property for our use as we frequently stay there for long periods of time and plan to use it when we visit in the future) but the paperwork hasn't gone through yet. The consular official took her at her word.
They asked how will we pay for our trip? My wife showed them a document that verified my income. I understand that many people cannot afford to travel like this, and don't have the same resources. I only post so that my experience will be generally useful to others. They did not ask for IRS documents, bank statements or anything specific. They did ask for something and saw less than what we brought. The truth is, this is probably one of the most crucial parts of the interview. To be clear - my wife does not have a job - has no income at the moment other than what I can contribute to household funds. They went over this very clearly. And it was not a deal killer at all. They did not ask for any specific proof - they merely interviewed her, were satisfied with the story, and reviewed a few supporting documents (the house booklet shown through the glass and the income document under the glass). The people who have asserted that she needs to 'have enough money to travel by herself on her own money' do not know what they are talking about at all. Please ignore advice like this. When you are married you share expenses - this is actually a condition that proves that you are married. You do have to have enough money as a couple and you need an honest and understandable narrative as to how the trip will affect your work-life (and if you are currently not working - this is not necessarily a problem). My wife discussed both our CV's with the official, explained how we weren't working right now (I'm a stay-at-home dad and a writer) showed our income. Result - B-2 visa.
The consular official asked about our I-130 application and my wife showed him the NOA-1. Again - not a deal killer at all!!! If anything - it helped, though I can't say for sure. He remarked that if she did anything wrong with this trip it would ruin her chances forever. Again- you can travel as a tourist while awaiting proper immigration status. Don't believe anyone who tells you otherwise.

The consular official asked if she had ever been refused before. She said that she had. He asked why? She answered that she didn't know but maybe because she was only my girlfriend/fiancee at that point. He obviously knew the answers to these questions and was just asking to see if she was honest and comfortable discussing the issue.

My wife said that she would answer each question as if they were having a conversation, with confidence. Not like being questioned by the police. Answer one question with maybe three relevant facts, but stop there - be sensitive as to whether the interviewer is showing interest. She told her story but was also careful not to say too much. Do not look desperate - better yet, do not BE desperate. I love America but traveling there will not solve all your problems- it's not a ride on a unicorn. An old lady - maybe a guardian angel- actually told her something along these lines inside the consulate - "don't worry, if you don't get the visa, just stay here!" She said that helped. Also, she witnessed one woman pass and one woman fail and drew conclusions alluded to above - feel confident, comfortable, but don't chatter on (or be sullen).

Like the above poster this was in Ho Chi Minh City at the American Consulate on Le Duan Street. I waited at the Coffee Bean and Tea Leaf at Kumho Plaza with my phone ringer on. It took about an hour- apparently now there is a new policy of calling the numbers in order...

I will post a few more things below not directly related to the interview but possibly of interest to people in similar circumstances in Vietnam.

so thanks again xxxyyyzzz (previously no name 88)
A few other points - I do have the 5 year visa extension - identical to what viet kieu get - intended for family of Vietnamese. When you are married, you are family.
We did apply for the vietnamese passport first for our son, and then applied for the CRBA/ passport/ social security card from the consulate. Other folks- this is the way to do it if you are having a child by an American citizen and a Vietnamese citizen in Vietnam. Or else as xxxyyyzzz has explained, you will need a visa for your baby!

One detail - the local authorities (if not HCMC) may insist that your child's first given name be Vietnamese. If you want an American or any kind of name for your kid that isn't Vietnamese, here is a little trick you can play on them. Say your child's name is Jane Smith, or that's what you want it to be (you are Mr. or Mrs. Smith, US citizen). But you want the Vietnamese passport. You actually want a Vietnamese name as part of their full name, you just prefer it to be the middle name, say your spouse's family name as a middle name, which of course happens to be Nguyen. So your child's name will be Jane/John Nguyen Smith. The Vietnamese name can read: Smith John Nguyen. The American name is Smith, John Nguyen. Get it? (This post is only for folks who understand Vietnamese names...I guess) The American Consulate will play along and let you decide or even rearrange the name along the lines I am suggesting. They know the score. Anyway - that's the way we did it and it worked for us...

As for the Vietnamese driver's license - I hope you sorted that out. I took the driving test a few years ago and passed but they set my license to expire to match my US driver's license. I just renewed it this past week and they now set it to expire with your visa- and since I have the 5 year, that was good enough for me. If you take the test now I hear you actually get a life-time license. The whole thing has improved a lot actually. If you are still working on it I used an agent who arranged the forms and documents and sorted me out at the license department. His fee was $40- and it's a totally legit license. He speaks English well and is a cool guy. He also handles testing.
https://www.facebook.com/vnlicense

Do you have $165 and half a day to kill in district 1? Then make a try for the B2. The worse thing that can happen is she gets denied and you just wait for your CR1. A lot of people here don't have the financial means to travel back and forth with a family to visit US. Many people on VJ don't have enough income to meet the AOS for 125% poverty without additional sponsors and can't imagine how you could have those kinds of extravagant funds.
The State Department does understand your wife intends to immigrate BUT NOT NOW. She is married and her situation has changed. I think a lot of people hear that it's hard to get a B2 with an immigrant visa in this process so they never try. I saw statics on B1/B2 visas for last year in HCMC was around 70% approval but now I can't find those state department statistics. If her situation has changed I think your odds are good.
I was a regular on the forum but abandoned my account after being in threads like yours. VJ has it's uses but I don't have patience for the negativity or out right attacks of a lot of the posters. Seeing your tread I got back on the forum to provide my actual experience which is identical to your's. I attached the link to my old thread on this but the last few pages are gone now.
http://www.visajourney.com/forums/topic/480932-ho-chi-minh-city-b2-interview/
At the time my wife got a B2 visa we were married 8 months living in HCMC with an I-130 filed for the CR1 waiting on NOA-2. I already had the babies birth certificate, vietnam passport, CRBA and US passport. The only difference is my wife didn't have any previous denials. FYI you don't need a Vietnam passport for the baby but it makes life easy. To leave Vietnam with a baby only having a US passport you'll need to get a stamp from one of the immigration offices but don't know which. To come back to vietnam the baby can get a visa exemption from the office on Nguyen Trai good for 5 years and $20. So can you for that matter if you haven't done all this already.
I filled out the tourist visa application from the HCMC consulate web site and submitted it. People will tell you that no assistance can be given to help the applicant for a B2. Screw that stupid notion, it's your wife! I filled the form out because my wife is not good with computers and doesn't understand US forms. The online form asks if you were assisted in completing the form; I put my name and relationship. It also asks if you have an immigrant petition filed which I checked yes and in the explanation box I put we are currently waiting on a adjudication of our I-130 petition for CR-1 and put the USCIS case number. Reason for the visa I put that we recently had a new baby and want to visit my husbands family. I printed a copy of the application but that was not needed. I submitted the form and printed the confirmation page. I then scheduled the interview online and again printed the confirmation page.
I do remember one issue I had with the online application. You can attach a jpg passport photo to the online application but I didn't have one and it wouldn't let me complete the form when I clicked "don't have a photo" box. To get around this I uploaded a random jpg file that was denied as not the correct format of a passport photo and then it said to bring one to the interview and let me complete the form. They may have fixed that glitch.
Before the interview you have to pay the visa fee at citibank on Nguyen Hue. It's not the actual bank branch office inside the lobby. On the outside of the building on the Rex Hotel side there is a little citibank office that only does visa fee processing. If I remember correctly this receipt is the one needed to enter the embassy on the day of the interview. Review the B2 guide on the US HCMC consulate website.
Day of the interview. I sat across the street with the baby at the coffee bean and tea leaf as for this interview only the applicant can come inside. The wife went into the embassy carrying a small pouch with her passport, passport photos, birth certificate, housebook, government ID, marriage certificate, all the translations, CRBA, a copy of our joint bank statement and a letter I wrote explaining her reason wanting a B2. In the end they only wanted her passport as the B2 is based on her interview answers; the consulate web site for HCMC actually says not to bring tons of paper or even bank records for the B2.
She was in the embassy for an hour and the wife called me saying now outside and the consular officer wanted to see me. The consular officer gave her an invitation for me to come inside once he learned I was just outside. I go inside with the baby and go right to the window with the officer that had been interviewing her. He asks for my passport and what I do for a living. I say engineer in offshore oil and the response from the CO was "that explains a lot". Approved. They keep the passport and you have to fill out and EMS waybill and pay the shipping before leaving the consulate. A week later her passport was delivered at our HCMC address with a 1 year B1/B2 visa for multiple entry.
If I was not there to go into the embassy I not sure she would have been approved. I was there and she was approved so outside parties can indeed affect the outcome of a B2 visa interview. I would suggest your wife carry into the interview the documents I listed as it can't hurt and both you and your child's passports. The CO made a comment that if she had my passport in hand the first time I may not have had to come inside.
If you do get the visa when you fly to the US make sure you list your place of residence on the blue customs form using your Vietnam address; at first I used my US address out of habit and it caused a few minutes of delay at immigration; not a big deal CPB just asked me to cross out my US address and put our Vietnam address. It makes sense as she is visiting and you use her home country address until she gets the CR1.
If you got any other questions I'm in the same boat as you and a little further along in the process; currently I'm getting my Vietnam drivers license..........let the pain begin. Good Luck

For those interested I got my VN drivers license a few weeks back. I learned a lot of the info on the net about this is worthless; bad or misinformation.
I learned recently that my medical nor life insurance will cover my wife or myself if we get into a wreck while operating a vehicle in Vietnam without a license. My wife had been driving for years without one. I told the wife get one; she knew someone at the issuing authority in her home town and got issued a license in two weeks. I thought I'd get an international driving permit but Vietnam doesn't recognize them. But you can get your foreign license converted to a VN license. Companies in vietnam report being able to do this for $100; it's waste of money.
You don't need a license for 49cc or less motorcycles in Vietnam so if that suits you no issue but I had bigger so need to take the plunge.
If you have auto and motorcycle endorsements on your state issued license you don't need to take the road tests or do any medical checks. They convert like for like. I was told if I had a CDL they would convert that too.
To get the process started while I was back home I had motorcycle endorsement added to my state license after taking a required 2 day course. I went back to Vietnam and got my VN size passport photo, it's the same size required for the visa. Next went down to the District 1 peoples committee on Le Duan. They just redid this office which now has a touch screen queuing system for services. The peoples committee is a two step process-translation of DL and passport signature certification. You'll need to get your state drivers license photo copied and translated; you pick up the translation the next day and they gave me the address to the VN motor vehicle office. The first day you can also get your passport biometrics page photo copied and certified. All this took on the first day an hour and a half. The second day was 5 minutes to pick up the translation.
Elsewhere online it tells you to get your passport certified at the US embassy; this cost $50 and is not required at least not in HCMC. Also you can download the application form online for the VN license conversion. Don't bother, it's the wrong form, just fill it out when you get there.
Went to the motor vehicle office. Sorry I already forgot the address. I filled out the form and they took a photo of me then paid the fee 130,000dong. I applied for auto and the 175cc motor bike. The guy at the counter asked if I wanted the big bike license and I said no as I don't have one over 175cc. He said it's already on your US license are you sure. I got interested as I also read online you needed to take the road test, have a health check and be a member of a bike club but he said no you already have an unrestricted motorcycle license in the US so you can be issued one here and now. I didn't need this so I didn't get it. They gave me slip to pick it up in one week. One week later I picked it up. Looks just like a US style license in both English and Vietnamese and expires the same day as my 5 year visa exemption. The whole process was fairly easy for Vietnam. One key point is you should bring your Vietnamese speaking spouse or girlfriend with you.

Since yours is a K-1 visa petition, your case will go to NVC first, where they assign a case number (HCM 2014 XXX XXX), scan your case into their system, and forward it to the consulate in HCMC. The NVC does not collect any visa fees or schedule your interview appt like the other immigration cases (spousal visa, for example).
After the consulate receives your case, they will mail your fiancee Packet 3 (aka Instruction Package). The consulate actually receives the electronic file a day or 2 after NVC sends it, and the actual physical file follows a few days later, usually a week. They do not mail your fiancee Packet 3 until they have received the physical file. Packet 3 contains the letter that you will need to bring to the medical exam and vaccination in HCMC. It also contains instructions on what to do next. I am attaching a PDF document that you can review. This is the same document that the Packet 3 letter will instruct her to go to.
http://photos.state.gov/libraries/hochiminh/231771/PDFs/K-INSTRUCTION.pdf
When your fiancee receives the Packet 3, she should follow the instructions on the Packet 3 letter to mail back the required documents (DS-160, 2 visa photos, and a copy of her valid Vietnamese passport). To fill out the DS-160 form online, go to https://ceac.state.gov/genniv/. She will need to print out the Confirmation Page of DS-160 to submit with her documents to mail back to the consulate. It is the last page of the DS-160 form where she signs it electronically. The DS-160 confirmation number is also required for the next step.
Next, she will need to go to ustraveldocs.com site (link here: https://cgifederal.secure.force.com/SiteRegister?country=&language=) and create an online account. She will need her Vietnamese passport number and the DS-160 confirmation number from the previous step for this. After she has filled in all of the required information, she will need to print a deposit slip (from the same site) to take to any HSBC branch or local Post Office to pay for her Visa fee (which is $240 for each person). Within 24 hours after she pays the Visa fee, she will get an email saying that she is ready to book her interview appointment. If, for some reason, she doesn't receive this email, she can go to the ustraveldocs.com site to schedule the interview. After she books the interview appt, make sure she prints the Appointment Confirmation letter for the next step.
Next, she will schedule her medical exam and vaccinations in HCMC. She will need to bring the Appointment Confirmation letter, the Packet 3 letter, and a few other pieces of document (see Packet 3 instructions for the list) to the medical exam and vaccination. Make sure she schedules her medical exam well in advance so she'll have enough time to pick up the completed medical exam package before the interview. She will need this medical exam package for the interview.
One thing to keep in mind that, sometimes, the Packet 3 letter will never arrive, as it happened to our case. We waited and waited and after a month it is still no where to be found. Should that happen, you might want to fill out an inquiry on the consulate website and they will email you a copy of the Packet 3 letter. Your fiancee will need this letter for her medical exam and vaccinations. Here's the link to fill out an online inquiry with the consulate.
http://hochiminh.usconsulate.gov/contact/ivinquiries.html
We waited for 2 weeks and decided to inquire. The consulate emailed us a copy of the letter and my fiancee took it to her medical exam & vaccinations.
It is important to note that if you have any questions for the consulate, fill out the online inquiry and they will get back to you within 24 hours, usually by 6 AM your time in the U.S. In my case, it has usually been around 2:30 A.M. ET.
We have just gone through this so send me a PM if you want to discuss it in more details. Or just post your questions in this thread and I will try to help answer as much as I can.
Oh, almost forgot. Tell your fiancee to use EMS for mailing documents to the consulate. It costs very little (about $1 USD at most) and the consulate usually gets it the next day (depends on where she lives). My fiancee lives near central Vietnam and it takes a day for the consulate to get it. A list of EMS locations is attached below.
K-INSTRUCTION.pdf
EMS Drop-Off Locations.pdf

Yeah I was pretty shocked that they even had that option. pretty nice, I would've called if no other option, but their verification system online is very nice...

Contact the IRS and request transcripts for the past three years. I am not sure if you can do it online or not. you can use transcripts for your I-864 or a copy of your 1040 for the most recent year and transcripts for the two previous years.

Did you send a copy of a translated birth certificate with your I-130 package for your fiancée? That is required. For the interview your documents in Vietnamese for your fiancée do not need to be translated.
You now have time to relax before you get your approval from uscis... Use this time to gather your tax transcripts and be ready for your I-864. You can also gather the information your fiancée will need for her DS-260. I downloaded a PDF Ds-230 form and filled it out as it has most of the same information you will need for the online ds 260.
good luck

Any documents that not in Vietnamese or English will have to transfer into English . The CO are trained to understand all Vietnamese paper works. Beside that, you will not give her birth certificate directly for the CO who will interview you. You will ask to give for a Vietnamese person first . So there is no worry at all.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf
Translations. Any foreign language document must be accompanied by a full English translation that the translator has certified as complete and correct, and by the translator's certification that he or she is competent to translate the foreign language into English

She will get her police report at Department of Justice located at 141-143 Pasteur St., Ward 6, Dist.3, HCMC,. The cost is 300,000 Vnd. It will be translated and deliver by mail. It is good for one year. Don't apply until your I-130 has been approved by USCIS. It will take one month or more to received your Case number. As soon as you get the noa 2 you should apply for the police report. As for the Medical you will get it after NVC has completed your case.

Other- I-130

I have all my plane tickets, stubs, travel insurance etc, from 2011. I didn't use any of them as evidence with our I-130, just the visas in my passports, I think you'll be just fine with what you've mentioned!

Yes

Attestation statements need to accompany item, but they are not needed for every page. For example, if a certificate was two pages, only one attestation statement is needed.
There is no rule that I know of that says you can't do the translations yourself if you are fluent in the language. One notable exception that I was made aware of is USCIS is specifically requiring translations of Chinese documents be done by a Chinese Notary Office.
Also, it is not necessary to translate evidence items such as chats, emails, personal letters etc. If you want to do that, you can.