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Kelvin Ly

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Posts posted by Kelvin Ly

  1. I agree with Sealedkiss. I called the consulate and the told me Packet 4 was sent out June 16. And my wife told me that she received Packet 4 on June 29, with the postal stamp of June 26. So it took only 3 days to go from HCM to Ben Tre (close to Vinh Long), which I think it should be. So the problem is at the consulate, because it took 10 days for the mail just get out of the consulate.

    For your case, it could be a lag at either consulate, or HCM post office, or at Vinh Long post office, or at all of them. In my experience, I never lost a mail, or have any longer-than-expected-wait for my mail sending/receiving to/from Vietnam.

  2. :dance:

    7/12/2007, confirmed via phone. My fiance has not received packet 4 physically, but has an interview date!

    Hi Pop!

    "Confirm via phone" means your wife told you over the phone or people at the Consulate told her over the phone? How did you get interview date without receiving Packet 4? Please be more specific!!!

    My time line is very close to yours, so I am very excited to hear this news from you. Of course, I am happy for you too :thumbs:

  3. Thanks to you all!

    She entered US in last March 07 and the immigration officer at POE stamped for 3 month validity for the stay. Her visa expiration is Jan 08 (from the US Consulate in Vietnam), so she can still re-visit the US later.

    She has a child still in Vietnam. If she stays here and they get married, he (my friend, the petitioner) will file a I-130 and AOS for her. And also he can file another I-130 for her child? How long it takes for the child to come here? Or she should just go back to Vietnam, and he files I-130 her and the child comes along? Please help, she stay in US will expire in 3 weeks!

  4. By the way, my wife went to Dich Vu Xuat Nhap Canh (147 Nguyen Kim, District 10, HCM City) to have them prepare the Packet 3 and she handed in herself at the Consulate within the same day. It costs only 200,000 Dong (15 USD). Other VJ have gone to the services nearby which costs 100 USD.

  5. You can see my timeline (signature) that my wife receive Packet 3 approximately 1.5 months after the NOA2 (petition approval). And I consider that was fairly quick compare to other people timeline.

    For your case, you got NOA2 on April 14, and then it takes about 2 weeks to go through NVC and on its way to Consulate in Vietnam. So the Consulate probably receive it around end of April or early May. Then using my timeline to estimate the time your fiance receiving Packet 3 would yield something like end of May or early June.

    So your fiance should expect Packet 3 anytime now. If you still don't receive by end of next week, you can email them (remember to mention your case number) to ask them about your case status. You or your fiance can call them too.

    Stay calm, use others' timeline to estimate yours. Good luck to you. :thumbs:

  6. I have a friend, a US citizen, who is getting married in the US to a Vietnamese who is currently a foreing student in the US; however, her student visa will expire soon. He wants she keeps being here with him without having to return to Vietnam whether her visa expires or not doesn't matter. My friend said he has had his lawyer take care of that, and his lawyer has said that that is legally doable. Which means that since she's already been here legally via student visa and married to a citizen, she doesn't have to return to Vietnam to wait for the normal processing. Meanwhile from what I've read somehere here, this forum, it is said that she has to come back to Vietnam when her visa expires and wait for the usual processing as anybody else. My question is whether this is true (not having to return to Vietnam even though her student visa expires)? Then if her student visa is still valid in the time (months/years) to come, could she be here permanenty (without having to return to Vietnam and wait) with more ease?

    Thanks.

    She can stay and adjust status legally. After they get married, they will file I-130 and I-485 together.

    Because her intention when entering US was not for immigration, then now she marries a US citizen with the immigration intention (to stay in the US). The USCIS could potentially see it as fraud. But from what I heard, as long as she's been here for couple of months (3 months maybe?), and going to school as planned, then later get married, she should be ok. Just DO NOT show any evidence that she had planned to marry a USC before entering the US with her student visa. E.g. do not open a bank account with him, her address and his address should not be the same right after she entered US.

    In summary, it's ok that she entered US with student visa, later on marry a USC to stay here. As long as she did not plan this, and she needs evidence to show for it. That's what I know. Others please clarify or correct me if i'm wrong.

  7. put her to work .

    when my fiancee comes here i will put her in a nail shop. working 12 hours/day will cure the homesickness.

    Thai,

    ehhehe, that what you thought heh? Have you hear a lot of horror stories about wife working in the Nail shop? hahah, if you have not then, give it a shot then you will see. How your life will be miserable? Nail Shop is the worst environment to have your love one work in there. There are so many noisy and low class people work there. All they do are 8 and talk on other people business.. If you want trouble, then try it. For me, I will not do that. I dont' want another BS from those crowd of people. Other thing is the health of your love one, cuz those Nail Chemical is not good for the SKin and Health.

    Home sickness will take time to cure it.

    Yeah, I hear ya . I think I should run some porn sites and have her updated them for me on a daily basic. that way she won't get bored at work and making some good money for the family in NAM . she's been taken care of her family since she was 11 years old. poor chick . I will call her up tonight and ask her to take some computer class. like programming or web designs etc .. tons of money to be made online .

    P.s maybe di buon ba'n is another option ....like buy the stuffs for cheap and sell them back for a higher price .

    To Thai

    I'm not sure if you're serious or joking. If you're serious, then I don't see how an 11-year-old girl can take care A family. What kinda work an 11-year-old girl could do, or how much money she could make to support a family? And if she's been busy "taking care" of her family, what about her school? Did she stop going to school in order "to work" to support the family? Then she can just go ahead and take "some computer class, like programming or web design"? Can anybody just go ahead making tons of money online by taking "some computer class" like programming or web design? I don't see that happening, my friend.

    How about "buon ban", buying stuff for cheap and sell them back for a higher price? I think EVERY single person on this planet unsderstand this "philosophy". At least, you too, know this basic concept in business. But HOW, is another complete different story.

    I read some of your post, you just make a fool out of yourself (both when you are seriously and joking).

    ======================

    To CK&Tydi

    I believe your "horror stories" about Vietnamese Nail Salon. I think some of them are true, maybe most of them. But again, as Vietnamese immigrants, we are the minority in this "hot pot" country, we are sometimes the victims of prejudice. Why making a stereotype among ourself? You can not say that all manicurist/pedicurist are low class. How do you define "low class"? You look down on those people who did not have a chance of education like you and have a good job like you? Then higher-class-people (compare to you) with better jobs and more money than you will look down you you, and so on. I don't care what you do, how much money you make, or what kinda job you do, as long as you process good morals, good principles, and values, you will be respected. If you drive a nice car, live in a beautiful big house, and you're a jackass, then sorry, you' belong with other jackass(es).

    For nail people, it's a hard job. You need to work hard to earn that good money. Because it's an easy-to-learn and quick-to-make-good-money job, many people have been rushing into this field. Sinnce there are many many people, there are many kinds of people. In such environments, you need to classify what is good to learn and what is bad to avoid. In other fields, it's the same thing.

    My point is don't prejudice certain group of people just because of what they do. Look at yourself first before judging other people.

  8. Thanks for all replies. They are ever informative.

    Of course, the girl (Vietnamese) entered US with the B1 visa without immigration intention or to get married. But now, she met my friend and wants to stay with him. This is the first time she entered US, and my USC friend, who is from Vietnam also, never go (back) to Vietnam in 17 years. Therefore, they never met before.

  9. My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

    No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

    My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?

  10. Hi guys,

    As promised, I was going to report on the how the service I was using is going so far. They did help my fiancee get her passport and help her get the appropriate vaccinations done but due to volume they are extremely slow on sending the Packet 3 into HCMC.

    My fiancee went to the attorney's office on March 12, 2007 to complete Packet 3 and they told her they would send it immediately. More than two months have passed but no word from the Consulate on the interview date.

    I called the Consulate today and was informed that they recieved Packet 3 on May 11th, which was a great dissappointment to me. I call the attorney and asked why it took so long for the packet to arrive. She said that the Consulate is backed uped so the petitions are taking longer to be entered in the system and process.

    It's frustrating and I just want to let you guys know of my experience so far. So far I am not pleased due to the delay, but hope that it gets better from here. At least now I know HCMC has the packet.

    I want to ask fellow VJ's to help me confirm the attorney's allegations. The folks who submitted there packets in after March 13th, have you recieved confirmation from HCMC that they recieved it? If so what dates.

    I'm so angry right now.....

    My wife spent $15 at Dich Vu Xuat Nhap Canh (147 Nguyen Kim Street, District 10, HCM) to have them prepare packet 3. Then she brought packet 3 to the Consulate and handed in herself. Do not let anybody else handing in your paper. It could get lost in the pile of others packet 3, or they could just drop it somewhere along the way to the Consulate :) Anything could happen, it is just safer to do it yourself so you know that it's 100% done.

    My wife handed in packet 3 on May 4. Hopefully we get packet 4 early July. Good luck to you.

  11. Hi Cha Gio

    I have similar time line with you and my wife already received package 3 on May 03. You should have your wife come to the Consulate and ask for the Package 3.

    My wife came to an attorney office and had them help filling the applications / making sure everything is correct and sufficient. It only costs 200K Dong (13 USD). They also consult my wife what to prepare for the interview.

    I think it's worth it. With less than 15 USD, you can buy some peace of mind. If you want the address of that attorney office, please PM me. I will ask my wife and answer you later.

    my fiance paid 100USD for a similar service :( . We did the package 3 together and when she turned it in, they rejected it, so she went to the closest service nearby and they charged her 100USD (1.6M dong or something). Oh well, not much I can do about that; she panicked, and didnt want to bother calling me.

    That sucks. The nearby services always jack up the price cuz they know you really need it. But anyway, you have package 3 turned in. That's most important thing.

    Here is the address of the Service that my wife went to: 47 Nguyen Kim, District 10, HCM City.

    My wife does not remember the name of the service nor its phone number. Once I got updated from her, I will you guys know.

    Correction!

    Dich Vu Xuat Canh Va Du Lich

    147 Nguyen Kim

    District 10, Ho Chi Minh City

    Phone: 0908350320

  12. Hi Cha Gio

    I have similar time line with you and my wife already received package 3 on May 03. You should have your wife come to the Consulate and ask for the Package 3.

    My wife came to an attorney office and had them help filling the applications / making sure everything is correct and sufficient. It only costs 200K Dong (13 USD). They also consult my wife what to prepare for the interview.

    I think it's worth it. With less than 15 USD, you can buy some peace of mind. If you want the address of that attorney office, please PM me. I will ask my wife and answer you later.

    my fiance paid 100USD for a similar service :( . We did the package 3 together and when she turned it in, they rejected it, so she went to the closest service nearby and they charged her 100USD (1.6M dong or something). Oh well, not much I can do about that; she panicked, and didnt want to bother calling me.

    That sucks. The nearby services always jack up the price cuz they know you really need it. But anyway, you have package 3 turned in. That's most important thing.

    Here is the address of the Service that my wife went to: 47 Nguyen Kim, District 10, HCM City.

    My wife does not remember the name of the service nor its phone number. Once I got updated from her, I will you guys know.

  13. Hi Cha Gio

    I have similar time line with you and my wife already received package 3 on May 03. You should have your wife come to the Consulate and ask for the Package 3.

    My wife came to an attorney office and had them help filling the applications / making sure everything is correct and sufficient. It only costs 200K Dong (13 USD). They also consult my wife what to prepare for the interview.

    I think it's worth it. With less than 15 USD, you can buy some peace of mind. If you want the address of that attorney office, please PM me. I will ask my wife and answer you later.

  14. Just don't forget to notorized your I-134. I sent the same things to my wife last week.

    I have a question though: I have not filed tax return for 2006 yet. I filed an extension because I am waiting for my daughter's Consulate Report of Birth Abroad application to get approved (so that I have her SSN). So I just sent along with the I-134 my pay stubs, letter of employment, my 2006 W-2s. Is that enuf? Do I need to send a letter explaining why I do not have 2006 tax return?

  15. Hi, Im new to this site. Ive lurked for a little while but now I have the sudden need for advice. A little background first- Ive filed for the K3 for my wife in peru in may2006. Right now Im waiting for the DS230 part 2 to be sent to me from the U.S. to peru where Ill be staying until we get the visa(atleast thats my plan). Ive done the 130,129,864, 230part1 Etc... Ok now with my tax question. Im filing my taxes for 2006 right now and I dont know what i should file as. Its obvious that i should be filing as married but I think I might have to file as single, because if i file as married I have to fill out 1040NR or 1040NREZ. The problem is those forms pertain to nonresident aliens. She had a job in the US in 2004 and 2005 but not in 2006 nor was there at all last year. I want to just file as single so I can E-File but I know this isnt wise. Ive only got a few weeks left to do this so I dont want to wait for sth in the mail to get to peru. Is there another form? Am I missing something? What did all of you do?

    What you should do is to file Form 4868, Application for Extension of Time to File U.S. Individual Tax Return, with the IRS by the April 15 deadline. This gives you 6 months (4 if you're out the country). Although you are not required to make a payment of the tax you estimate as due, Form 4868 does not extend the time to pay taxes. If you do not pay the amount due by the regular due date, you will owe interest. You may also be charged penalties.

    Anyway, you should to go IRS website and read more about filing the extension. After your wife comes to US and get her SSN and everthing, then you can file jointly and claim her as your independence. That way, you pay less tax. It's not cheating the IRS, because you obviously financially support your wife/fiance.

  16. Do you have any emails you could print off or airline tickets/boarding passes you could take with you to the interview?

    Do you have any pictures of you together during any visits?

    We have boarding passes and pictures of my 2 trips (last 2 years since we got married). We have couple of emails.

    We have visa stamps (to extend my stay to work in Vietnam from 2003-2005) when I met and married my wife.

  17. I sent out my I-129F in Feb 07 and expect approval anytime soon. I have questions regarding providing evidence of bonafide relationship at the consolate interview.

    Money transfer receipt - For the past 2 years, I send money to my wife though a small money transfer service with 2-3% fee and their receipts do not look very professional. Anybody can make up that piece of paper and write whatever. And it costs more (10%?) to send $ via Western Union (the receipt would be more legitimate). So I'm afraid that we can not provide this piece of evidence.

    Phone bills - We've been calling each other by phone cards. First of all, we do not install a home phone since everbody in my house has a cell phone. Secondly, phone cards are cheap. So we will not be able to provide phone bills.

    Letters - Since we talk couple of times a week over the phone, we don't write to each other. Exept we send birthday cards and stuff. We only have 1-2 letters over 2 years to provide the consulate.

    Without the above evidence, you guys would think we have a chance?

    Lastly, we have a VERY IMPORTANT evidence: our baby girl. I filed US Birth Abroad for my daughter, and they request a DNA test. I have the result by now and it's on its way to the Consulate in Ho Chi Minh city, Vietnam. The consulate officer told me (during the Birth Abroad process) that the DNA result would serve 2 purposes: get my daughter US birth certificate / passport / SSN, and later will be used as an evidence to evaluate my wife visa (K3).

    I would think that if we have a child together, it should be very clear that it's a bonafide relationship. But I do not know what the consulate officer think.

    With DNA result, I do not need to provide other evidence??? Or phone bills, letters, etc. are MUST HAVEs. You guys think that we'll be OK???

  18. Hi guys.

    I have decided that I will pursue both the I-130 and the K-3, with the hope that K-3 gets processed faster.

    As I was filing out the form... question 17 confused me.

    It asks - are you related to your fiance?

    I am suppose to say- YES and type in my husband........right. :help:

    "Related" here means "related by blood" as "is s/he your sister/cousin?"

    So I guess you put "NO" because you don't want to married someone who is related to you by blood (I assume) :)

  19. Thanks Rich

    That is a BIG clarification for me. She has to do AOS anyway to get Green Card, or opt to go back to abroad consulate to get CR-1 visa, then Green Card.

    I don't mind going thru AOS/EAD/SSN. But question is that how much time can I save by going thru K3? I understand that it can varies case by case for numerous reasons. But in general, at what point(s) in the processes of K3 and CR1, the time is shorter for K3?

    1. K3 gets approved (NOA2) because it is sent to Chicago center? How long usually it takes to get approved? How much longer for Cr-1?

    2. K3 is sent to NVC faster than CR-1? How long and how much longer for CR-1?

    3. K3 is sent to abroad consulate faster than CR-1? How long and how much longer for CR-1?

    4. K3 gets the priority for visa interview over CR-1?

    According to the US Consulate in Ho Chi Minh city, Vietnam, K1/K3 is 9-12 months and CR-1 is 3 months longer. That seems a little long compare to what I heard or read from other people here VJ (K1/K3 is 6 months on average). Or they just post that number just to be safe and cover their slackness?

    If it's only 3-month difference, I don't think it's worth to go thru K3. If it's like half year, then it's definitely worth it.

  20. When wife comes to US on K3 visa, and I-130 gets appoved later (before the 2-year expiration):

    1. She does not have to do the AOS anymore? Just apply for SSN and Work permit so she can work?

    2. The I-129F by then will be automatically cancelled?

    3. We then just pursue the CR-1 only?

    4. She does not need to travel back to the abroad consulate to have the CR-1 visa interview?

    If all answers to the above quesstions are YES, then I think K3 is worth it. It's just like CR-1, but your spouse can be with you earlier.

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