Theersink

I would wait until a couple weeks before the interview, here is why. Medical is good for 6 months, my wife was hit with sputum and just cleared last week and now has only 3 months left on the medical. So if you do it say a month or more before the interview and IF you get hit with sputum testing you will have less time for visa expiration. Clock starts from date of FIRST day of SLEC. Depending on the finding she MAY have to go back for a final xray and/or vaccinations as well. My wife did not as her IGRA was positive and xray neg so the sputum was just for assurance. Then after you have the timeframe that it takes to get the medical to embassy, process and then get it back. So as you can see with the 6 month windows and sputum everything becomes tighter. Then you run into less than 8 weeks for an international flight and the prices start to get bad, they are already bad until about sept. Thankfully my wife's status just hit Issued yesterday so Monday it should be ready. So my opinion is wait and do the medical a couple of weeks or the week before the interview, just in case you get the sputum testing. It will give you more time at the end of things and not have to rush to beat the visa date.

Congratulations! We just finished our process and are waiting on the last 5 days of sputum cultures. Now that your 130 is approved you'll be getting an email from NVC. As soon as that is received you can work on that. The DS-260 is long and I recommend having a copy of your 130 handy and fill it out together. NVC process is fairly straightforward. DS-260, financial affidavit, ect. Just follow instructions and watch for emails. The good part is you are spousal so the checking for appointments part is not required. Once you are DC'd NVC will set the interview for you and send you an email. Once you get the interview email you can schedule medical and the VAC biometric. We had no scheduling issues with either of those. As I said we are awaiting sputum and it is a real possibility. My wife said there were more people at SLEC for that than actual exams. Even so it is not something to be overly worried about and it appears they have streamlined this as well. My wife was still allowed to do the interview and was given vaccines so probably the Drs anticipated a negative test. She was told she would not have to return for another xray or followup as has been the case in the past. At the interview my daughter was cleared for the visa and wife was given a 221g for medical but verbally approved otherwise. Wife said it was 2 part but easy questions. First was with a filipino and the second part was with an American. Due to an accident on the freeway she was 45min late and still allowed to interview. She said they are very cordial at the embassy and talked to her like sitting in a coffeehouse with a friend. That part is probably luck of the draw though and my wife is a people person and tends to have that effect with people. Haha. That's where we sit now. Hope this helps. Feel free to post or message me with any concerns or questions. You're in the home stretch now.

Everything on the checklist is required unless it doesn't apply to you such as prev marriage ect. Use the checklist. When we filed I went by the website and had to submit additional documents later. You will need the CENOMAR (Certificate of No Marriage Record) for the USCIS anyway so have your spouse get one and submit it as well. Citizenship item 5 is only required if your spouse is currently in the US, otherwise the passport should show current address within the Philippines. The cover letter does not require notarization but the other 4 ROM forms do, ALL 4 NEED WET SIGNATURES/notarized, don't just sign/notarize 1 and make 3 copies. I would email the embassy and ask if it is ok for only 1 notarized signature (yours) for the ROM form, technically in country it requires both parties but I was told by the person who processed ours to just get the 4 notarized and that would be fine. Saved a lot of shipping back and forth for signatures. Make sure the Utah certificate is Apostilled or it will be refused. Quirk is the return envelope, you cannot get a priority mailer "prepaid" from USPS as they have to be weighed prior. I had to go to the post office and explain I needed something prepaid with a tracking number and the literally stuck stamps on the priority envelope to make it "prepaid". Evidently the labels can't be printed without being weighed first. The SF consulate is known for being a bit wishy washy with requirements so be prepared for a call or email asking for something else as it seems to shift according to the person actually processing it.

I am curious if they are asking for the same if the couple is already married. Most of these I have seen asking for FBI background checks have been K1 applicants. Have we had any recent CR1/IR1 attend CFO that have been asked for the same?

Congrats! My wife and step-daughter just had their interview 2 days ago. We were DQ for IR/CR Sept 9th. Step-daughter was approved, wife has 221g for sputum testing outcome. You are in the home stretch now. Lots to do.

At this point they are it is a waste of time and money. Yes they would get a filing receipt but the beneficiary would likely already have the visa before they could ever register it. They are not hiding anything from the government, CFO knows this and the purpose of CFO is not that anyway. It is basically an informational agency. Their marriage certificate and other items should convince the CFO. A CR1/IR1 is significantly stronger than the K1, I think those get more scrutiny. They could certainly follow the instructions to file the ROM but even then just that process can be time consuming. When we filed ours I had to jump through a few hoops because the officer in San Francisco was either not well informed or decided they were having a bad day. However, with Manila embassy about 3.5 months behind and waiting approx 30 days for DQ the OP could possibly get the registration before the visa BUT it would be a moot point as all the NVC documents have maiden name (assuming wife here) and the only benefit of actually getting the ROM is to change the last name on the passport and other official docs prior to the interview. Doing that after NVC stage is ill advised and would likely cause problems hence why I said the should just forego the ROM at this point.

If you are already at the NVC stage just forget the ROM, it takes about 4 to 6 months anyway to process. CFO will likely give you a hard time but ultimately they have to let her go. They can just make you jump through hoops. As far as US implications her greencard will have her maiden name so you'll have an extra cost to have it transferred to her married which I would advise before getting a US passport or when you do the removal of conditions.

It says right there in the reciprocity schedule it is unavailable and not required for consular processing. Print that and take it with you.

I would say that is feasible but again I would not wait until the last few weeks of the visa expiration. Expiration also depends on medical expiration. I'm not sure how long the medical is good for for VIetnam but if medical expires so does the visa. Just be vigilant and prepared to move your timeline if something comes up.

Leave nothing to chance, I sent via courier my Original Certified Divorce Decree with the seal and ink certification on it so she has it. I didn't want to take the chance of them rejecting a printed copy from an email since it does say Original.

I just want to mention that if you aren't planning on moving right away you will want to hold off on submitting everything to NVC and getting DQ (Documentary Qualified). Once you do that they will schedule your interview and you are kind of at a point of no return. A visa issued is only good for so long, IIRC it is the date of the medical exam expiration. So Vietnam embassy is about 3 months to schedule after DQ, roughly 2 month notice on the interview. So IF you were DQ in OCT you would likely get the visa in about 4-6 months. You do not want to try and enter with only a day or two left on the VIsa expiration. I would not DQ at NVC until you are 100% ready to move. You do not want your medical and visa expiring. That opens up a whole lot of trouble and stress. You can delay at NVC indefinitely as long as you contact them once a year. Again, just some more info in case you were not aware.

Current income doesn't matter then unless the petitioner is continuing employment with the same company they currently work for. Doesn't matter if they intend to find something in the same field of work. For immigration purposes the petitioner's income is $0. Unless a job is secured through a US based company prior to the interview you will need a joint sponsor showing 125% of poverty level. You will not be able to use semantics of continuing field of work but not the same company on the consulate officer. They will want to see income earned when you arrive in the US, not what you have now. So basically your choices are either have a joint sponsor or the petitioner can come to the US before the beneficiary, secure a job and use that income for the AOS.

It is most likely due to the sponsor not being domiciled in the US. You can't use your current income from a non US job or any job if you have no domicile in the US. In addition to the Job requirement the sponsor will have to show intent of domicile at time of interview. You stated it will likely be a year before you are ready, I would start planning these things out now. Even with a joint sponsor I think you have to show intent to domicile. See this page for the FAQ on I-864. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22 Hopefully user pushbrk will pop in and give us his seemingly unending wisdom on the subject. When he does pay attention.

NVC Case Creation and Review times Here: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html If you are DQ (Documentarily Qualified) you can see here the current month they are scheduling/sending cases for interviews based on Embassy: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Currently the Philippines Embassy wait time is about 3 months after you are DQed.

I see that you said you have already filed. Be prepared to delay this at NVC stage. As I said above you will need to get all of this in order BEFORE proceeding with your VIsa case or you could find yourself in a situation that is not ideal.

There are other things to consider here. Just because you win full custody does not automatically mean that the child can immigrate. I would do a lot of research on Vietnam custody laws. Many countries have provisions that will grant custody but will not allow the child to immigrate to another country. You need a lawyer that has experience explicitly in this situation. As far as I can tell VIetnam is Best Interest of the Child country and that can be a long, messy and expensive fight that ultimately may not end up in your favor. https://www.usa.gov/travel-documents-children has a little information on children traveling internationally. having a valid passport and visa is only part of what is required. I would wait until the custody is decided and these details worked out before even filing anything.

My wife just changed her name on her passport. She wasn't asked about CFO. Submitted ROM and that was it. My wife said it was painless.

I have been twice in 2 years about 16 days each and rented a car both times. Driving there is not for everyone, it depends on your own ability. I have driven a semi and a cab here in the US at different times in the past. I can say that the rumors and such about people who will purposely try to involve you in an accident are i think personally a myth and fear mongering. Yes there are aggressive drivers but not outright mean or devious. Police are very nice and understanding too. Never had issues with them. Hardest part of driving there is parking or if you are going to be out in the rural provinces as the roads out there and maps to get around can be iffy. As far as hiring a driver be careful with that as well. Most rental agencies can get you a driver but if you go out of the local area you will pay for their room and meals every day. In addition, generally you are paying for x amount of hours per day during certain times of the day, anything outside this will be extra. I personally did not want to pay 35000 pesos for the car and another 20 to 25k for the driver and be limited in where and when I could use them without having to keep track of "extra" costs. Those in my opinion are what gets you, the unmentioned extra charges after the fact. If you do hire a driver ensure ALL the terms are specified prior to commitment so you don't end up surprised by the extras.

They must really be in chaos over there in SF with the new administration. Ours took 6 months, submitted Feb of last year and Jenny was able to get the ROM and change her name on her passport ect back in Oct of 2024. We never had to ask for transmittal details. At first PSA could not find the info but I had given the stamped documents to her with the receipt of payment I received back from SF consulate and PSA was able to sort it out. Suggestion is to have her go in to the office rather than by phone or online. The PSA lady told her that usually PSA just has to call the consulate and can get the details or the ROM. Seems to be a bit better experience in person.

That is what i was thinking as well. Thank you.

Due to a signature issue, my step daughter's NOA1 was approx 2 months behind my wifes. Hers was sent to NVC about a week ago (rec March 17th 2024), the other is still awaiting NOA2 (rec May 2nd 2024). Should I wait for my step daughter's case to catch up to my wife's before proceeding with NVC steps? Can I call or email them after NVC receives both and have them processed at the same time or are we going to have to deal with the 2 month gap until completion? Any guidance on this situation would be greatly appreciated.

This is true but OP has not specified if or when a visit is planned. There are alot of holes in the information as others have stated. The means to do something often outweighs the ability. This ultimately was the point I was trying to make. It will cost the OP likely a substantial sum of money in addition to the 130 filing. My impression was it sound almost like OP was rushing for a solution quickly. My point was that is not going to happen and needs to be planned, especially with OPs situation. Good point. I would agree. I withdraw my previous recommendation of waiting on asylum.

All of this is moot if the OP has not or cannot physically visit after the marriage. The 130 can't even be filed without solid evidence of relationship and there is the requirement of consummation. At a minimum OP would need at least one visit after the marriage. Being as the OP's wife is from a banned country I seriously doubt they would get an approval without proof of substantial time spent together. The visits could possibly come during the waiting period for processing but most here would not recommend that as it risks denial of the 130 or an RFE that would slow everything down. OP this is not a process you can "shoot from the hip" on, it requires a lot of planning and patience. You do not want to rush anything or it will be a painful process for both of you. My recommendation would be to wait and see if the UK Asylum claim works out and then file. You could get married via online and then use the time for the asylum claim to visit and build evidence of the relationship. Her living in the UK would likely make it easier for that as well. After you have a minimum of 2 visits of at least 2 weeks and solid evidence file the 130. Good luck to you sir.

You need to check the reciprocity list. It will tell you how to get them for each country if it is available. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Asset seems to draw more scrutiny lately, be prepared to show ample liquid assets. Current income is king, they don't care how long you worked before so currently you either need to show ample assets and be prepared for some haggling, (it seems some have had issues recently with asset only) or current employment showing adequate income. Wording here is key, you must show 3x the difference between income and requirements. So if you make 16k a year you have to show assets of at least 30k, 10k shortfall x3. However, visa issuance is at the sole discretion of the consular officer. I would advise to show much more than the 3x so it becomes harder to question it. The public charge issue is a big one for the current administration. You mentioned selling your house in the US (You cannot use this as an asset until it is sold), if this is your only residence then it will bring up another issue of domicile. You will need to show where you plan to live in the US once the visa is approved.