ajr_ntknq

Albums vs. loose photos at the interview- does it matter?

We are at the very end of the process and are preparing for the interview (in Ho Chi Minh City). I came upon an instruction that advised taking photos out of albums and bringing loose photos only. This was on the consulate web site in a general catch-all immigration required documents page:
http://hochiminh.usconsulate.gov/iv/required/documents.html

We actually thought of bringing our wedding photo album before we even saw this but ruled that out immediately because of its size. However, my wife has a small bound book of photos that tells our story well that she wants to bring- it is about the size of my hand. Similarly I had also thought of assembling some photos on my computer and printing them out on my inkjet printer on simple printing paper. I don't see how either one of these options would be a problem for the consulate or the interviewer, but I am turning here to get a more informed view. If bringing a small book of photos the size of my hand is a deal breaker for the interview then I guess I can convince my wife that we need to print out loose photos!

Yes, I'm obsessing but this forum is great and always has the answers.

Thanks - Yes, we will prepare ourselves for potential complications, though I think it is fair to assume success (provided we bring the right documents and go through the motions in a calm and informed/informative manner) as she already achieved a tourist visa last year, we visited the U.S. for a month as a family, and returned. We have been married and living together for 4 years and have everything to prove it and have a son (CRBA, US passport/citizen). I don't think we're border-line.
But anything can happen, if I buy plane tickets I will pay extra to have them be changeable - or refundable, and I will make sure we have a housing plan if we need to stay on.
No doubt a failed interview will be a huge surprise and disappointment, but we could rally. There's nothing shaky about our case, but anything is possible.

And I will assume now that if successful, we will have to wait 4-10 business days to get the visa. Thanks again.

Hello all - I have a very simple procedural question I need clarified. I have looked at the posted timeline guide for IR1 cases like ours and found this sentence :"If the consulate officer approves your relative's immigrant visa application, your relative will be issued an immigrant visa that allows your relative to become a US permanent resident."

We have case-closed status at the NVC and just received our appointment at the consulate and so we are in our final planning stages to make the move to the States. I just want to clarify the above sentence. Will we receive the visa then and there at the consulate if approved? Or is it that they will hold her passport and affix the visa after a few days, a week, something like that and deliver it via courier or hold for our pick-up?

A minor point as we will not be going to the airport from the consulate in any case- but as we will have a lot to keep in mind and plan for I wish to know what to expect.

Wow- incredible information. Thanks everyone! Looks like we have about a 100 day wait from the NVC notice to the interview. Thanks again to Darnell and

Cheers!

..and I should really edit my timeline sometime soon

Hello everyone-

A few weeks ago we received notice that all documents have been accepted (IV and AOS) at the NVC and we should await the scheduling of the interview. The interview will take place in Ho Chi Minh City. My spouse and I live together here.

I have not been able to find any guidance on how long we should expect to wait: for them to schedule the interview and alert us, or how long it generally takes until the actual interview (expecting 2 weeks and 4 weeks respectively, but who knows, could be 3 weeks to hear, 1 year until interview).
Can anyone tell me where to look to get a better idea? There has to be something better than blind waiting.

Thanks

Thanks guys- I'm both pleased my reasoning seems correct and baffled as to what I did wrong the first time. I must have been overwhelmed and entered my son as an immigrant, thinking I could explain in the cover letter his status.

This time I will be sure to enter correctly as members above have advised: 1 immigrant, 1 dependent, 1 self. 3 member household.

I got check-listed on my I-864 for a few reasons. One of the items is to correct Part 3 - Total number of immigrants, and make sure my answers all match.

My situation is that I am sponsoring my wife, who is of course a foreign national. Our very young son (less than 2) is a US citizen already, has his passport and social security number, although he has never lived in the U.S., other than during a 1 month visit. We three all live together overseas.

By one definition, only my wife will be immigrating to the US when we three move there together, by another definition, my son will also be immigrating, and should be listed as an immigrant I am sponsoring. I would argue that only my wife is the immigrant for the purposes of this form, and my son is properly listed as a dependent on Part 5, household size. For example, as a citizen, he has a SS#, not an Alien Registration number, so how could I enter him as an immigrant in part 3? I would have to alter the form. Also, the household size question would count him twice if I entered him as an immigrant, which would be an obvious error.

The problem is, I neglected to make a copy of the I-864 that I sent in, so I'm not sure what I did wrong the first time. I just want to do it the 'correct' way so I don't get check-listed again. Anyone know the answer to this?

This is cut and paste what the checklist asked for:

I filed my affidavit of support in March, thinking I wouldn't need 2014 taxes, because they weren't due yet (I provided 2010-13). Also, living overseas, I get an automatic extension to June 15th, which didn't matter either. I got check-listed.

So I requested expedited returns from my tax firm, who obliged. The taxes are now filed but haven't appeared available as tax transcripts yet. I have no idea how long that process will take - they only just received my filing a few days ago (unable to efile due to overseas status - sent by mail as requiring a real signature).

In the meantime, can I print and send on the return that was provided to me by my firm? Will that suffice?

I do intend to call NVC on the phone about this but my current schedule and 12-hour difference from them makes such a call inconvenient and an achievement. Hoping for an answer or some feedback here in the meantime.

Thanks!

JRF- your reasoning is sound, however the NVC instructions say 'either/or' not 'both'. According to the instructions a Vietnamese document does not need to be translated into English (for cases in Vietnam). Everyone is advising to do it anyway and I concur.

Thanks everyone- because it seemed the right thing to do, and also since it was cheap and easy (about $7.50 per document), I had everything translated.

So one final whine: Why don't they just drop the language saying 'or in the official language of the country in which you are applying for a visa ' blah blah blah and just say EVERYTHING MUST BE TRANSLATED INTO ENGLISH. Why the fake-out? Oh well, we probably all have more important gripes to worry about. So that's that...

Thanks again for getting me over that bump.

I am about to send in supporting documents to the NVC for my wife's IV (immigrant visa) packet.

According to the official instructions : "All documents not written in English, or in the official language of the country in which you are applying for a visa, must be accompanied by certified translations. The translation must include a statement signed by the translator stating that the:

• Translation is accurate, and
• Translator is competent to translate."

So, since we are applying from Vietnam and will conduct the interview here in the Ho Chi Minh City consulate, according to the instructions, we don't need to translate items such as her birth certificate or our marriage license (which are in Vietnamese, "the official language of the country in which [we] are applying".
However, I may have read people recommending translation- after all I will be sending these documents initially to the U.S.
Anyone with any experience in this?

Thanks to both of you! Ryan E. - great sample letter in your thread, well done.

So, Joemelea - what you are saying makes sense. If I understand you, it is best to just stipulate how I meet the requirements rather than provide an actual narrative as to how it will play out.

Hi- I live overseas with my wife and our son. I am a U.S. citizen, my wife is a foreign national, and our son is a U.S. citizen via CRBA. He has his paper and passport. I am roughly 85% through the application process sponsoring my wife for a green card.

I have some questions about how to proceed - I am at the I-864 stage. I think I can solve the problems a few different ways but looking for the most convenient and presentable formula.

I have to show that I will establish a domicile, or that I am abroad temporarily. I have been living abroad for almost 5 years but have not cut my ties.

I own two houses back home (in the States) that I lease out. Both leases are coming up around the time we intend to arrive. I could claim either one as my intended residence. On the other hand, my stepfather has fallen ill and it's possible we might stay with my mother and him as they both might require help. In any case we will probably spend the first month with them to see how they are doing. Definitely going straight from the airport to their house, and one of my houses is about 2 miles away from their house. If we do choose to stay with them, how do I 'prove' that I have a domicile there. In fact my health insurance now is registered at their house and my agent address for NVC is also there.

I have also maintained bank accounts, voted (though not sure of how to have evidence of that), filed taxes, and, as mentioned, kept health insurance.

How do I present a straightforward plan out of these facts? Am I living abroad temporarily or I am reestablishing my domicile?

Alright - I've checked both your links and I'm convinced. Awesome information guys!

Thanks!

Thanks guys - this all makes perfect sense.

Just one question though - how can we be sure we are within limits? The recommendations you both made seem 100% legit to me but surely there must be a way to take too long and have your application cancelled. Ian mentioned once a year contact at minimum which sounds correct, but is there any official communication about this?

Thanks again.

Hi Luukee, sorry for the delayed response.

No problems at all!

When we got to customs I mistakenly followed what I thought the posted instructions were, and sent my wife to her visa line while I (and my baby) got in the citizen line. When I got to the customs official I told him my wife was here and he said that we should have stayed together as a family, she should have come with me. He asked me to just walk through the maze of post and rope stanchions and bring her back.

We just answered the questions about what our plans were (going to a wedding, visiting friends), he didn't seem suspicious. We had supporting documents but we didn't use them. Apparently there was nothing about our profile that attracted any extra interest. We were normal travelers with clear plans, proper luggage, proper paperwork, a healthy happy baby. Easy!

I think if you show up, can't speak any English, don't have any luggage, they might take you aside, find a translator, ask to call your family. That at least is a story I heard.

Well, that's all I know about POE - our example and that one story. Good luck!

Hi- I've put a lot of effort so far into this process, and so far have the NOA2, the approval for I-130 petition. The case has moved on from USCIS and is now in the hands of NVC.

Maybe I'm just feeling overwhelmed but it looks like we will be approved within 2 months, and then will have 6 more months before we HAVE to move back to the States.

Our overall plan hasn't changed, but just wondering now - what if I need more time? To wrap up things where we are living overseas, to prepare for everything to go well when we arrive in the States.

Sure, we're just going to have to bite the bullet at some point, but I want to be fully informed - is there a way to pause the process without going back to square one?

To restate and clarify- I am an American citizen married to a foreign national for 3 years living overseas together. I am not anticipating any trouble acquiring the green card but just want to know how big a window I have to actually move us back within the basic known procedures.

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

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.

Yes, POE is a whole 'nother ball of wax. I didn't mean to imply we would actually do 6 months in each place, but technically it is permissible, along with the vague notion that you are 'really' residing in the states and only visiting overseas.

Boiler, you say you did visit, but tried to get a B-2, without success. How did you visit? Or did I misunderstand?

We invested in a house on her family's property. The property is being split and deeded to her and her sibling. We have the means to return each year to visit for a month at a time at least. I think technically a green card holder who wishes to attain US citizenship only needs to be in the US 6 months out of the year for 5 years (30 months) so there is plenty of legitimate time we can expect to be able to spend in that house. We've used it tons already but haven't gotten 10k of use out of it yet

They allow unlimited applications, yes, but encourage people to recognize whether their situation has changed. I am assuming marriage (and the mingling of funds that implies), CRBA, and NOA1indicates a changed situation. And it's a bit of a roll of the dice. The testimony I linked to I found encouraging but inconclusive as the process is officially unaccountable.

Thanks for your reply Boiler.

Okay guys- this is the deal. I got that link from this pinned discussion:
http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

If you just look at the link, you can decipher that it is about visiting while CR 1 is pending. It's more than 6 pages long with mostly positive stories.

I neglected to link both threads the person I was in conversation with shared. Here is his conversation:

Hey Andrew

It looks like you got the same story I got. I attached two posts I had on my B2 experience. I filed the B2 application online at night and picked out an open appointment time for the next day. In the morning I paid the visa fee at Citibank on Nguyen Hue; there's a little US visa payment office around the right side of building. The people inside citibank will tell you where it is. Went to the interview that afternoon. The appointment time is meaning less. Just show up when the doors open. She'll walk inside and take a number. On the application I there is a comment spot and I wrote about our I-130 on file with it's current status and USCIS case number. At the end of it I put that I assisted with her application; I filled it out. The CO did say at the end if the wife had the CRBA with her and my passport they probably would have never asked me to come inside and just approve it.

http://www.visajourney.com/forums/topic/480932-ho-chi-minh-city-b2-interview/

http://www.visajourney.com/forums/topic/481261-ho-chi-minh-city-b2-visa-aproved/

So according to Visa Journey members with personal experience you can visit while I-130 is pending. The guys entire experience is what I'm hoping we'll have. Of course it's a positive outcome and the chances are high we will be disappointed. But nonetheless I was looking on this forum for correct information from experience.

You guys really think a married couple isn't expected to share expenses? And why do you think that? Sure, unmarried people have to pay their own way, but married people share expenses, that's one of the ways you prove you are actually married.

And I'm also puzzled that no one seems to think that investing in property shows intent to return.

So my 'interest in reality' is about hearing people's experiences. Some of the nay-sayer's here haven't identified their source of knowledge, that it happened to them. Just the assertion that filing for an immigrant visa means one cannot visit while that is pending. And yet there is a pinned thread right at the top of the immigrant visa forum here on this site that I gave up reading after 6 pages of people saying that they absolutely did visit while their immigrant visa was pending.

I'm not asking for anyone to affirm any rosy vision. I'm just looking for information that matches my situation that comes from actual personal experience or from principles that can be sourced to statements from authorities like USCIS, the consulate, or other valid sources. Please refrain from assertions and assumptions that may be incorrect.

Hi everyone.

What has changed is that my wife is married, and no longer fits the profile of a single woman seeking to come to the US. She's married, with a US citizen child and husband who has already invested in the proper family immigration route.
We have also invested nearly ten thousand dollars in a home in Vietnam that also shows close social ties, the bonds that having a child makes.
Why would we invest that kind of money months before leaving it all behind forever? And why would my wife give up her relationship with her family forever, and my child's relationship with his grandparents forever, if all she had to do was wait 6 months and then be permitted to go back and forth properly for the rest of her life?

Here is the account another member gave that gave me enough to actually try, an account from the same Consulate we are going through:
http://www.visajourney.com/forums/topic/481261-ho-chi-minh-city-b2-visa-aproved/

Again- my question is how to show I can pay for the trip? If no one can answer from experience I will give my wife a copy of my bank statement and proof of income plus a letter signed by me that I've got it covered.

Thanks for your frank reply, and I agree with you that perhaps this is the way it will go.
In answer to your question- the guest house is not something we can sell. I think it shows that we are invested in our relationship with my wife's parents, my child's grand-parents. We intend on using it on a yearly basis when we return for New Year's celebration (Tet) the single most important holiday in Vietnam. When our boy starts going to school we may shift that visit to coincide with his summer holidays. The grandparents have actually split their parcel of land and deeded some of it to my wife, but that is in progress so we don't have a finalized document yet. But we do have the guest-house documented.
I welcome further comments on this aspect of our case and on our prospects.
However, my specific question is- what is the format to pledge support for the travel that the B-2 visa would allow? I am the husband and have the means. I am not allowed to go into the interview unless they call me in ( and I will be standing by in the nearest coffee-shop). I am supposed to give some kind of affidavit.

Hi- I am a US citizen living overseas (Ho Chi Minh City) with my wife of almost 3 years and our son of almost 1 year. My wife is Vietnamese. We successfully filed the CRBA for our son and he has a US passport.
I have filed the petition for alien relative (spouse) form I-130 about 7 months ago and we received the NOA-1 (first notice of action) a few months ago so everything is on track there. I've read other posts that have cleared up whether we can ask for a B2 during this and the word is that not only is it fine, but maybe helpful, since it shows an investment in doing the right thing.
The are two big family functions that we want to attend- my cousin's wedding and an older relative's 80th birthday celebration, plus my wife really wants our son's 1st birthday to be in the ole' USA! It would mean a lot to her.
So on the plus side is the marriage, the CRBA, and the I-130.

The complications are as follows- before we were married but were fiancees, she was denied twice. But our situation has changed a lot so hopefully that's not a big deal.

The other issue to manage and present correctly is that my wife is a home-maker now with no income, and I am paying for everything. I need to know how to properly write an affidavit that I've got everything covered, so I'm asking the forum for help here.
The second issue related to that is that my income doesn't show on my taxes. My taxes are filed correctly but due to the way rental income on houses owned is reported, with depreciation figured in, there is no 'income' technically. And also, I get a lot of income from something that I could describe as a trust, that doesn't appear either on my taxes. I don't have a salary! This is a new situation we are enjoying. I am writing a novel now and will return to work when we move back to the States. I have a notarized document that explains the trust situation, and I can print out bank statements I suppose. If I can communicate our situation effectively and clearly, they will see we have more than enough to take care of ourselves for a 1 month trip or whatever else would be permitted.
Any help with this would be great.

We can further demonstrate our ties to Vietnam by showing that we have invested nearly 10k in a cabana guest-house on her parent's property where we spend considerable time enjoying the support her extended family gives happily in child care. I have prepared a small booklet with receipts of that.

We've filed the B-2 application and will pay the fee and she will go to the appointment probably early next week.

Any tips on how to present?

My fear is an interview where not much is asked, no papers are looked at. I at least want them to be ready in a format the consular official will find clear and acceptable.

Thanks for your help!