Mr. 2000

Ok so my wife and I had the interview on 8/25. We both approached the window, the officer asked her to sit down and they asked me several questions. They then called my wife up and asked her the most of the same questions, probably to compare her answers to mine. She and I both answered similarly.

Finally they gave us a blue sheet and said they needed more information. The information they wanted from me was the address/birthdate/phone of my ex-wife from 10 years ago. They asked my wife to create a list of her relatives in the US including their address, birthdates and phone, along with a proof of address for each relative (i.e. copy of a utility bill, drivers' license, etc). They want both these documents notarized with a sworn statement.

So what did I find out?

First of all, the people who keep saying you must stand outside and wait while your wife/fiancee takes the interview alone are incorrect. They will let you (the petitioner) inside and you don't even have to ask. In fact you will be able to participate in the interview - whether or not that helps is debatable.

If they ask for notarized documents, they will charge you $50 to notarize documents there at the consulate. Friggin rip-off! They will not notarize documents for Vietnamese, only for US citizens. My wife will have to attempt to get her papers notarized at some vietnamese place in the city.

They love making you wait and wait and wait. We plan to submit the documents they requested earlier rather than on the September 22nd due date they gave us. HOPEFULLY they will review the documents and approve the visa, and wont give us any more trouble after that so we can return to the states.

One more thing, I did see a pink slip sitting on the desk while the officer was interviewing us but they gave us the blue one anyway - don't get your hopes up just because you see a pink paper there. You don't know what the officer will do.

6) --> Use "Print Screen" at the time you are chatting to take the picture, then paste to Microsoft Word and print out.

List some electrical newspaper to show the current date on window before taking picture.

Yeah but that could just as easily be photoshopped. I'm planning to just print a summary of what I have and just go with that. I doubt they will sift through hundreds of pages of chat logs...doing so would delay the process and make it take even longer than it already does.

Yes, I'll start a new topic. Posted a review this morning, updated my timeline, but status hasn't kicked loose yet. Must take a day or so.

PINK!!!

Good job and glad to hear of your success! Also, thank you for giving me my thread back.

My wife has her interview scheduled for this month and I have a few questions I'd like to ask. This is a CR1 type of application (I believe) since we got married in Vietnam last year:

1) I received the letter from the NVC about her interview in July but up to now she has not received any letter from the consulate. Is that normal?

2) I submitted a financial support form along with IRS transcripts as proof and asked another sponsor to help as well (also submitted the original IRS transcripts). Since we both submitted original IRS transcripts, is there any other financial documentation required? The letter says to bring the most recent tax return IF the NVC was not supplied with one originally...and IRS transcripts count as a tax return when it comes to proof of income as far as I know.

3) I submitted my original divorce decree to the NVC to show that my previous marriage was terminated, but on the last page where it shows "document status" it says F which means "not required" instead of O as I would expect, since I sent the original in. Should I be concerned?

4) I put together a timeline using the template on this site. The thing is that my wife and I met years ago but due to emotional baggage (from my last marriage) and then financial issues for both of us (long hours at work, not so much time to chat), we did not get serious and meet in person until 2010. Would it be better to start the timeline from the point that we were "seriously" pursuing a relationship, rather than starting from the actual first contact when we communicated mainly as friends?

5) Will they expect my wife to show some documentation about the whereabouts of my ex wife? My ex wife basically bailed and left me with all of her bills/maxed-out credit cards, and she did not tell me where she went...I just know she left the USA because one of the last things she charged was a plane ticket.

6) The sticky post here says to print out "everything" as far as what we talked about in chat and email, but we spent a lot of time using Skype video call, which has no printable history since we're talking and not typing. Do they just want to see that we actually communicated during the time periods we claim we knew each other...in which case printing a selective 'summary' would be enough?

7) Anything else I should know about to be fully prepared?

Thanks to anyone who takes the time to answer these for me! It is much appreciated.

I haven't encountered any major issues with my own visa process yet. I did hire an attorney to help us with it and so far I am at the stage where I had to submit additional documentation such as the biographic sheet and the affidavit of support. The only minor issue I had so far was them saying that the birth certificate and marriage certificate were not valid...but this was a screw-up on my attorney's end - she sent in copies instead of the certified documents I gave her.

What is AP? Addional Processing? What might cause that and how could I avoid it?

My wife told me that her uncle (an american vietnamese) married a vietnamese woman and they did the thing, got to the interview, passed the interview, BUT they were told they must wait an additional year before they receive their visa. I was under the impression that if we pass the interview in VN, my wife will get a visa within a couple weeks. Did Obama change something about the process? Is there an extra 1-year waiting period we must endure?

Small town living would be incredibly boring for anyone with a pulse. It's a place you go to die, not a place you go to live. Honestly I can't blame her for wanting to leave. Did you at least talk about moving somewhere better? If I had to live in VN to be with my wife, I would not want to live in a VN hick down somewhere between their only two major cities...but I could stand living in or near HCM city. It's a big difference. Most people, even other americans, want to LEAVE small towns and not try to go back to them.

Hmmm. Ok, first, this country is not a democracy. The founding fathers despised democracy. They equated it to mob rule which could only lead to anarchy. Our country is a democratic republic. It's a republic because it's ruled by a group of people with shared and distributed powers. It's democratic because that group of ruling people are elected by popular vote.

No, I don't think they did...actually...they did not at all. Maybe the Southern states had a problem with democracy but the North sure didn't. Publicly elected officials are what make this country a democracy...just about any US citizen can run for public office, even president - while it may be difficult for some people to gain traction the opportunity is there and it's not limited to a few families or "nobility". Not sure what your getting at here...

You think the notion that a more open admission policy would not lead to the country being overrun by migrants is naive. In spite of the current policies, which you view to be excessive and extreme, the US is home to more than 20% of the world's immigrant population. That's more than three times the number two country. It also has a larger percentage of immigrants with unlawful presence than any other country. So, even though the US has policies that you think are too restrictive, immigrants in large numbers STILL come to this country and STILL manage to overstay their authorized stay, and remain in the US illegally.

Are you really that dense? Why do you think they're here illegally? They entered illegally to bypass the excessive barriers that those who want to enter legally are faced with (still, with no good reason) and they stay here because they know if they leave they'll probably not get back in...it's the same idiotic mentality that was behind prohibition...and the resulting "black market" for alcohol which is now non-existent. Are people in a perpetual drunken stupor because alcoholic beverages can be bought just about anywhere? No...what a surprise.

If everyone who obtained a visitor's visa in HCMC actually returned when they were supposed to, the consulate wouldn't have to be so strict about issuing visitor visas. If everyone who obtained a fiancee or spousal visa in HCMC actually married for love and not for a green card, the consulate wouldn't have to be so strict about issuing fiancee and spousal visas.

LOL married for love? Dude, what the hell are you smoking? Marriage was NEVER about love. It was always about elevating status by merging two families together, so if anything, a VN girl marrying an American guy to get her out of the VN slums is EXACTLY what marriage was intended for. If you need a "contract" to bind you to someone you supposedly "love" then you are in fact not in love. As for the people who stay here after coming on a visitor visa - see above.

You think they stay in the US because it's difficult to get in? Balderdash! They stay in the US because they have a chance of earning enough money to support dozens of people back in Vietnam! They earn four times as much in 1 hour flipping burgers at McDonald's than they'd earn in a day in Vietnam.

How exactly is that a problem? If they're flipping burgers at McDonald's they're also paying taxes. What they do with their money is their business, and if they want to send it back to their family in VN then there is nothing wrong with that.

The justification for the policies is simple - Vietnam is near the top of the list of high fraud countries. Every time a Vietnamese immigration fraud ring is broken up in the US it only increases pressure on the consulate to stop the fraud. Accept that as a fact, and be prepared to deal with it, and you have a good chance of succeeding. However, if you think you're going to wage your war against US immigration policy at the consulate in HCMC then you're going to fail. You've chosen the wrong battlefield.

This is an entirely different topic. There is no justification for the policies and the fraud exists primarily because of the flawed US immigration policies. Where I come from - the USA - innocent until proven guilty AND this country was literally built on a population of diverse immigrants, mostly from Europe but also many from China and Mexico. If the US Embassy doesn't give me what I want then I'll do everything I can to make their lives hell until they do. Hopefully it will not come to that...but you can rest assured I'm one to lay down and let some bloated bureaucracy decide my personal future with baseless, misguided policies.

Just checked out "cheapair.com" and found a ticket for $1,400 and change, but it's still not going directly from USA to HCM City as I want. Are the VN Travel Agencies the best place to go to get direct US-VN flights?

Planning to go to Vietnam to meet my fiance and get married, staying there about a month. I've checked the prices for airfare on sites like Orbitz and Travelocity and the flights all require 2-3 connections and cost over $2,000, even if the flight is more than 2 weeks in the future. I heard that there are direct flights between the USA and HCM City, at least from San Diego to HCM, but I live on the east coast of the USA and I could not find any flights that go: Home -> San Diego | San Diego -> HCM City.

If I'm already going to be paying more than $2K for a ticket I'd like to minimize the layover times and not have to connect in multiple airports. I really want to go direct from the USA to HCM City and avoid having to layover in Hong Kong. Hoping some people can give me some tips on planning my trip to Vietnam. When I get there I will be staying with my girl and her family at their house. I was originally going to get a hotel but then I heard there is some weird law that says I cannot bring a VN national into my hotel room. Anyway, her family wants to meet me so it's all good. Just need help planning the actual flights.

Please enlighten me and the VJ's audience what part of the Bill of rights was/were violated? Should we chip in the $$$ the hire a berry-good attorney to file a class-action lawsuit against the US gov't now? Me first! I'll volunteer to be the first to donate $100!

I'm absolutely outraged! How dare they treat me as a good US citizen like dat? Don't make me mad and renounce my citizenship and stop paying taxes! This could be a devastating huge loss of revenue to the US gov't!

The US government is in place on the basis of "By the people, FOR the people". It's not there to serve its own interests or agenda...once it does, it's no longer a democracy. If you think that the current immigration policies of the US are "fine as they are" then you don't need to lift a finger and you can keep your $100. I'm still waiting for someone to show any compelling evidence to justify the current US-VN immigration policies. All the VN terrorists? No. All the VN wives coming here to go on welfare? No. All the VN people coming here to "steal our jobs"? No. Most VN nationals like their country and would return there to live if they knew they could enter and exit the USA without these ridiculous impediments. The notion that the USA would be overrun by migrants if we made our policies flexible and reasonable is a joke. Our excessive social programs that allow for too much abuse are not an issue with immigration - they are an issue of public policy.

To the OP, yes if you can do things before you get there it will save time, and any time counts, as for how soon after you submit all the paperwork you will get an interview set up it really depends on how busy they are and if you are willing to pass a few bucks to help things along. You can do everything accept for the mental test, so if show up in Vietnam on a Thursday night, and go to Chao Ray Friday morning, then to the Vietnamese department of Justice on Friday as well, you might get lucky and get an interview the next week, then at your interview if you once again try to speed things up you might be able to get the license ready to sign the following week, but what I would recommend for you to do is to have all your paperwork go through a person that charges to do this, If you have it all done, pay him $25 or $50 to just make sure you have what you need before you land minus of course the Chao Ray slip, this way as others have said you don’t have to go back and forth 2 or more times. This is my advice, but even with this advice if you show up and the person taking the papers has a wild hair up his butt then you could be delayed, or if your speed up money is to little or too much that could also hurt, but it could also help and you could be in and out. Just as anything I say it is for you to choose what to and not to use or do as you are the one sleeping with your actions or inactions. Good Luck Jerome and Binh

Let me see if I understood you correctly - for the documents I send to the VN embassy in the US, I can omit the "mental exam" document and just get that done when I am in VN? The website seems to imply that I need to send all of the documents listed, but it seems like most people end up having to take the mental exam in VN even if they do get a "pass" in the usa.

Anyway, got a few more Q's:

- They want a "notarized" copy of my passport. So should I just copy my passport, take that copy to a notary and sign it or are they expecting something else?

- In a previous post you said that I could speed things up if I pay...so I asked my girl about that and she said that they won't accept any money to make things go faster. So who exactly would I pay to speed things up? Or is it simply a matter of slipping a little extra cash and a wink along with the documents?

- My girl got an "application for marriage" document from the justice center in VN, filled out her side, and mailed it to me. I'm planning to submit that one instead of the bilingual PDF from the website. The forms are a little different, as the VN form wants pictures that are 3x4cm whereas the PDF asks for 2x2 inches. I stapled 3x4cm pictures onto it, and the website does not say it is required for me to notarize this form. Am I missing anything here?

One last thing that I have been discussing with my girl is hiring a lawyer to handle our I-130 petition once we get to that point. Is there a benefit to hiring a lawyer and paying the associated fees as opposed to going at it on our own...or should we hold off on a lawyer unless we run into problems, such as a denial at the interview? Are there any good lawyers who specialize in dealing with the US embassy in VN that will not cost me all of my limbs?

Ok, I am following the steps on this site to prepare the marriage application:

http://www.vietnamembassy.us/consular_services/marry_a_vietnamese/

I have questions that I'm trying to clarify:

1) By completing the steps on that website and sending my documents to the VN Embassy before going to VN, it is my understanding that it will shave off the time it takes the marriage to go through when I am actually in VN and the papers get submitted to the justice center - is that correct?

2) My girl is saying that it will take about 10 days to get an interview after we hand in the papers, but a poster here said that they got their interview the next day after they submitted their papers. Is there a typical time frame for getting an interview after submitting the papers in VN?

I'm trying to get an idea of how long I will have to stay in VN...after talking to my girl it's looking like I will be spending the better part of a month there. Not all bad, more time with the love of my life...but I cannot forgo my obligations in the states for too long.

I went downtown to the Clerk of Court, or something along those lines. They will run a check and print out all records of your marriages within the last 10 or so years. That is the Certificate of No-marriage. Make sure you have all your divorce paperwork as well, to prove you're no longer married. All that paperwork you download from the consulate website must be done in the US. I personally did all this last May, and I can probably hunt down the information if you need help.

Also, "further certification" means that you first need to get the papers notarized, then you need to bring them to your Secretary of State, who will certify that each notary is legitimate. Apparently the VN consulate can only certify people of the rank of Secretary of State.

Again, the power of attorney means nothing. The mental status exam they make you do in the US means nothing - it will not be accepted and they will require that you get examined at a hospital of their choosing.

Out of curiosity, where was your first wife from? It seems like this is your first time dealing with Vietnam, so I'm just curious to know how much easier it was for another country.

Yeah this part is really tripping me up, because I was married to my ex in a different city/county from where I currently reside AND divorced in a different county as well, and each county has their own Clerk of Court. I called the one for my current county and they have no records of any marriages since they only have marriage records for their own county - so there is nothing for them to print. So should I just tell them to do a "single search" for me for my current county, or should I have that done in the county where I was last married...or do I need to get some kind of documents from both? Honestly, I don't even know what to ask for or whether I need to get them from my current county or the one where the marriage took place.

Even if they ask me to do the mental exam again in VN, I believe I still need to do it here in order to send the document package to the VN embassy here in DC. I can't skip it, right?

My ex wife was from Japan, and the process to get a K1 visa went very smoothly from start to finish...of course, this was before 9/11 and before the US decided to strip away our rights in the name of "national security".

There is no "right" to any immigration benefit for either you or her. It is a privilege that must be earned.

As for making it difficult to immigrate, there are numerous reasons not the least of which is to protect US Citizens (including you).

If I marry a person, regardless of their nationality, then the US government should HAVE to allow us to live together. Fraud is going to happen no matter what and just like gun control, these ridiculous hoops do nothing to solve the problem since the people who have illegal intent will find a way and the people who marry legitimately are the only ones who really suffer for it. Did it occur to anyone that all the fraud is a result of unreasonable difficulty entering the USA, or not being able to return after you leave? If people could enter and leave with little restriction, and could do so LEGALLY, then why would anyone bother committing fraud? As for the girls who take advantage of men to escape VN or for money...well...that's really most women. Plenty of American women do the same thing, but you can get married in Vegas within a few mins. What happens between the man and the woman, whether the marriage is a sham or not, is really none of the government's business nor should they be meddling in peoples' personal affairs like that. If two consenting adults decided to get married for WHATEVER reason, as long as there is some document that shows they are legally married that should be the extent of it, along with reasonable criminal background checks and medical tests.

The way the process is now, it's flawed and highly unconstitutional. Since it is conducted by the US, and I am a US Citizen, there are solid grounds for taking action against these screwed up policies. It's just a matter of enough people being motivated to take a concerted effort.

BTW, is she a "Girl" or a "Woman"? You say to have this special connection but talk about her like an objectified child. My wife was never anything less than I am in words or deeds and I never referred to her as anything less than my Asawa, partner and soul-mate.

Perhaps I should further "objectify" my girl by advertising her in my sig as if she is a prize I won at the state fair...

Oh wait...I see you beat me to it.

I do not know where you got your information on power of attorney, but it is false, You MUST sign to pick it up because your signature goes into their registration book. I know this simply because I just had a friend that had to go back to the United States last week who just had his marriage interview, while there he already knew he had to go back sooner than planned, so he talked/begged/pleaded/and even eventually tried to bribe them because he knew he would not be able to come back for another 6 months yet they said "NO" I could not swear to him asking for a power of attorney, but if you cant bribe someone in VN then it is just not possible. It sounds like someone has been giving you bad advice or you are doing like I used to do and do internet searches and see a website that said .VN and thought it was current only to read at the bottom that it was last modified in 2002. Dont worry about it, dont rush it, there are services that can speed things up, take it from Linda, get your certifications done stateside, and all the US consulate paperwork done before you arrive, this means all you have to do is get the mental test, and you can pay extra to get the paperwork the same day within a few hours, then go turn it all in, this is what took the longest for us, I had to go to the US embassy, and then I had to wait for translations to be done usually 3 days, other than that it was waiting for the interview, and waiting to go in and sign the document. Besides if you own your own business, and this is really that important to hurry and get married, buy a plane ticket that allows you to change your return flight and stay as long as it takes, after all you are the boss.

I got that info from the VN Embassy website:

http://www.vietnamembassy.us/consular_services/marry_a_vietnamese/

Scroll down to III...but now looking at it closer I may have misunderstood its purpose. Maybe it is supposed to be filled out by my girl to give me power of attorney for her? I dunno...it's not worded very clearly.

I'm also confused as to how they want me to certify the documents listed on that page beyond getting them notarized...3) Certificate of No-marriage Records - I don't even know what would be appropriate. I do have my original divorce decree but that is all...and the decree is requested in addition to those 6.

From what you are saying the two big challenges ahead are: demonstrating a bona fide relationship and the I-864 affidavit of support. Proving a love relationship can be tough regardless of circumstances. All of us here (in the VN forum) have entered into a relationship with someone living in a country that has a very high fraud history. So like it or not, we all must carry the extra burden.

Also, it's been hotly debated if it is wise to frontload the petition with information. Here is the advice that I was given, and followed, when putting together my petition: The CO can only evaluate what is presented for review. Meaning that evidence that is part of the file sent to the consulate has an opportunity to be weighed prior to the interview. Papers passed under the glass partition by your SO are likely to be quickly scanned and set aside for further review if needed after the interview is complete. See the forum for LOTS of discussion of front loading.

A timeline of the relationship seems to be an unofficial requirement at HCMC these days. This timeline can be in outline or narrative form. Both have been submitted and accepted. Search the VN forum for extensive timeline discussion and examples.

This timeline helps to address the relationship bona fides. The couple has to demonstrate to the CO's satisfaction that the relationship is genuine. If you have past email, snail mail, chat logs, phone records that support your timeline those are good to submit. Not every single one, but a representative sample that demonstrates a developing relationship over time. More visits can be helpful. Many have been sucessful with one visit. It comes down to what you show the CO about the relationship.

Regarding the business account I would suggest that demonstrating personal assets would be a stronger case. It is up to the CO's discretion as to what is accepted. They want to see what is available to support the two of you. Relying on working capital may cause some concern for a CO. This I-864 FAQ may be helpful for you -->> http://travel.state.gov/visa/immigrants/info/info_3183.html

Yeah, we have a lot of emails, chat logs, paper letters, gifts and phone records to support the relationship actually existing.

Well I am a homeowner and my business account is also in my name as well, so to satisfy the concerns of either of us becoming a "public charge", I think that should be sufficient. I own my business and its income is essentially my income.

A few questions: Does my presence in VN during her interview have any affect on the outcome, or is it more like a moral support thing for her? Considering our particulars, what can she expect to be asked during the interview?

Don't get mad at the forum members because they're not telling you what you want to hear. The lawyers I talked to before starting the CR1 paperwork were informative, but not necessary. I researched A LOT, then asked a few questions for clarification. I also talked to a couple of incompetent lawyers as well. The forum as a whole have been MUCH more useful.

Get mad? Who's getting mad? I don't doubt that there is useful information on this forum but quite a few posters simply add the whole "doom and gloom" lecture rather than providing helpful insight. For example, I realize that there are some potential issues for me such as my previous marriage, my income documentation and my girl's recent attempt at a student visa in my state...so what should I do to address each of these so that they are not a problem for me later down the line?

Also, don't hate the country just because of its socioeconomic status or political affiliation. Just like in the US, there are good and bad people everywhere, regardless.

I don't have to like it the country of Vietnam to love a woman who happens to live there - it's not like she chose that place. Also I never said Vietnamese people are bad, but I do not agree with communism, socialism or any other form of totalitarian government. California is another place that I loathe, not because there is anything wrong with the land, I just dislike what it represents - in my view, California is the poster of all that's wrong with America but that is an entirely different topic.

Just know that the HCMC consulate owes you nothing; they've heard every "love story" in the book, and have been scammed by many people throughout the years. I'll venture to say that they're looking for ANY reason, anything suspicious. YOU will NOT be allowed at the interview, and it is unlikely you'll ever personally speak to anyone of importance.

Actually, being that the US Embassy is a US government institution, it does owe me a level of service and quality as describe in the laws related to my case. They do not have a right to trample MY rights as a US Citizen due to their misguided notions of fraud. There is action that people can take within the USA to compel the Embassy to do what it is supposed to do...also, in the USA any law on the books can be challenged in court if there is merit, and if you've been following the headlines, immigration is certainly a hot issue at this time.

The US really has no reason to make it difficult for people to legally enter the country. The process to get a US Visa for any country should be a matter of doing a criminal background check and possibly some kind of medical exam - that is all. The whole guilty until proven innocent thing is entirely unconstitutional, and therefore, something that can and should be challenged in federal court...again...that is another topic.

My point is if you are a US Citizen you never have to accept what is given to you. If you feel your rights have been violated or have not been fulfilled by the current system you do have a way to bring about change.

It would be really useful if we could compile a list of all the denial threads, especially the ones that include detailed information about the circumstances leading up to the denial (the "red flags"), and a copy of the denial letter or a transcript of it's contents. This would help a lot when new members come with a basic plan that involves meeting the minimum requirements and no more.

The consulate will apply Vietnamese traditions when evaluating your relationship, in spite of the fact you are not Viet Kieu. It is true that many modern Vietnamese don't follow these traditions themselves, and if they were interviewing at the US consulate in HCMC then they would also be shot down.

I think the general idea is to explain why you did something a certain way if it significantly differs from what is expected. My girl and I will have wedding pics along with her family to show, and her family is well aware of our plans to get married soon.

You have five years invested in this relationship. However, since you haven't met face-to-face yet you are still near the beginning of the consulates "timeline of relationship". This means you have the opportunity to craft that timeline in any way you wish to improve your chances of getting a visa. The Vietnam subforum here is relatively new, but take some time to read the threads here and learn from the experience of others. Also, look in the Asia: East and Pacific forum for some of the older Vietnam threads. You wouldn't make a rash uninformed decision with your business. Don't make one with your relationship.

I wouldn't be posting here if I was carelessly and blindly rushing into things...but by the same token I am not going to drag my feet for the sake of the embassy in VN.

VN is My-Mother-Land. I was wondering why are you marry a Vietnamese girl in the first place??? Just to reminder you. Your children (IF) will soon be 1/2 Vietnamese.

My girl and I share a special connection that I have not been able to find with any other woman, anywhere. We kinda met randomly and have had our ups and downs over the years but we could never part ways with each other. Now I feel we're both at a place in our lives where we can both get married and live a happy life together.

Now a lot of people have been telling me that I have "red flags" but nobody has really shared any good info on how I should go about addressing them.

- Previous Marriage:

I was married in 2000 via a K1 Visa, we did live together for the full duration of 5 years. My ex wife did follow all the procedures, etc. What about this is a red flag and what is a good way to address it in my application?

- Income:

Since my tax returns do not show enough income to meet the "poverty guidelines" I plan to include my business bank statement to show that my account has had more than enough money to exceed 125% of the guidline, even with the 3:1 ratio. Will that be enough to address that issue?

- Student Visa:

My girl applied for a student visa to attend a school in my state. Her last interview for that was 7.20.2010 so we plan to get married sometime after 8.20.2010 (30 days after). Is there anything else we should do to address this matter?

By the way, before I asked if it is possible for my girl to get the marriage certificate without me being present. The answer is YES, however I need to provide my girl with a "power of attorney" form. The form is only usable if the spouse (me) does not live in VN.

Fast forward a few months after the OP's SO receives the blue/white slip, he'll come back here and throws in this question "Anyone knows how long the AP waiting time is?"....and of course the usual whining "That US Consulate in Saigon totally sucks, blah blah"

You asked us what you should do, then you refuse to listen. I don't even bother wish you luck. What you need is good preparation and you're refusing to do it right now.

I have spoken with an attorney as did my girl, and both of them said that with a marriage visa the embassy cannot really decline it. Preparation is one thing but going overboard does not guarantee success nor does it really improve the chances of success. I welcome the advice anyone has to provide but I will follow it at my own discretion. You should know that everyone's case is unique and what worked/didn't work for one couple is not necessarily something that would work for us.

Edit to add: don't argue your love story with us. Do it with the CO. They're the one who make decision. I hope your arguing skill will supersede their skepticism. Lots of folks tried before you, unfortunately, they've failed. Words won't bring success with this particular Consulate. Your case has THREE red flags, previous attempt for Visa (and failed), previous marriage (involving marriage Visa, a double whammy), and insufficient income (huge red flag for marriage fraud)

You can bet I will be arguing that during the interview if there is any question. VN is not somewhere I want to go...really...I have no desire to go to any 3rd world country, nevermind a communist country...while many people may not share my sentiment it does show that I'm completely serious about this. The student visa is not related to this, and once 30 days have elapsed since the last interview it should be a non issue. If they ask, we will simply tell the truth. The previous marriage is NOT a red flag because I did marry the girl, she did become a US citizen and got her green card...and it was over 10 years ago, so it's not like I'm marrying foreign women left and right - and the lawyer I spoke to said the same thing, it's not bad that I did marry a girl on a K1 visa before since we both did it right. Insufficient income according to the tax return should not be an issue because I can easily show that I meet the requirements by submitting assets, even with the 3:1 ratio.

I do appreciate Jerome's post as he pointed out the things I should get before I go to VN, and that was very helpful. Is there a website with an up to date checklist that I can view, so that I can make sure I have all the necessary documents prepared before going over there?

It is possible to get your marriage certificate in 2 weeks--I did.

It's all about the timing...

Goodluck, sounds like you'll need alot of it!

Can you elaborate on what you mean by timing? Is that someway I can coordinate with my trip so that my girl and I can get that certificate before I return to the states?

From what i remebered from my process, both people have to be there to sign the paperwork. There was no mailing involved. We has to go to the So Tu Phap (or something like that) and apply, then 45 days later, come back and sign. This process may vary slightly from region to region though.

Oh man...if that's true then it really throws a wrench into my plans...I can't really afford to fly to VN like that, I mean it's already about $2K per trip when all is said and done...plus I hate flying and this is about the longest possible flight there is.

From my stand point, bank statements are just how much you have in your bank account. Were as tax returns declare your "official" income. They have noting to do with each other. They cannot be substitutions for each other. But to answer your question, tax returns are absolutely necessary. You can get a transcript of them from the IRS if you have lost your copies (free).

My tax returns would not show sufficient income after all deductions since I run a business. I've always used bank statements before to document my income when applying for loans and did not have any problems. From what I read on the form, they're asking if I have the money to support her and myself and I have to show that my funds exceed the national poverty level for 2 people (about $18K/yr), which I do...anyway I don't mind supplying a tax return but I don't want them saying that my income is too low because of the figures on the tax return.

FYI: In VN, after your marriage ceremony. you have to apply for the marriage certificate. That takes about 45-ish days to get done. So you might want to take that into consideration as well when you are planning your trips. Do you want to go there, get married, hang around for 45 days and them come back to the US? Or do you go to VN for a week, get married, return to the US, then fly back to VN for a week 45 days later?

I did the two trip method, because of work restrains.

Yeah I know about that. I'm just going to stay for 2 weeks and after we're married we'll apply for the marriage certificate. My girl can mail the certificate to me after she gets it as they will probably just mail it to her.

My girl and I met on the net in 2005 and got to know each other over time. We were close friends, but not really serious lovers until last year. We both realized that we really care a lot for each other and wanted to be together to see how things go. So this year, starting in March 2010, she decided to apply for a student visa at a school that is local to me. Our plan was that she goes to school, and at the same time we can get to know each other without being under the gun to get married. She did have two interviews for the student visa at the HCM City consulate. Both times they turned her down, with the most recent declination being this month. The first interview was in June.

After this we began talking and I went to see an immigration attorney to see if there are any other options. The attorney suggested that the best course of action is for us to pursue a marriage-based visa, either K1 or K3/I130. The attorney said that since my girl did not disclose that she knew me even though the school is in my state, that would prevent us from getting a K1 visa. At the very least, getting a K1 visa would be difficult because of her attempt with the student visa. Now I did marry a girl from Japan on a K1 visa 10 years ago. We were divorced 5 years ago, and she returned to Japan. The attorney told me that is a good thing, because it shows that I did meet all the requirements of the K1 process, including getting married and adjusting my wife's status.

So with all that being considered, and the timelines for K1 and K3 being essentially the same, is the K3 visa the best route for us? My plan is to visit her in Vietnam, spend about 2 weeks there and marrying her. Yes, I know, it's a big risk for me since I am marrying her before actually living with her, but having known her for so long and knowing how we both feel I do not feel uncomfortable taking this chance. After we marry, I would return to the states, file the I-130 petition and then return to Vietnam once more when we receive an interview date. Will my presence at the interview help her chances of getting approved? The attorney I spoke with strongly recommended that I go. Also, both she and her family are content with a low-key marriage with no big celebration, however I gather that would be a red flag when we file the I-130 application...so should we plan a "typical" wedding? Just looking for some advice on the best way to proceed, that gives my girl and me the best chance of being together in the shortest time possible.