T. P. Ho Chi Minh (Saigon), Vietnam is a busy city with a high number of K1 visas being processed by the US Consulate there. This page attempts to aid those who are filing K1 visas that will be processed there.
Since I'm starting this article, it will be based mostly on my experiences in going thru this process. I hope that others will add to this so it will be a benefit to everyone filing a K1 visa that will be processed in HCMC.
Having no idea originally of what to do, I googled K1 visas and found lots of links but most were not that helpful or had out dated material. Thru lots of time searching and finding Visa Journey, I have managed to be successful with my visa process as it is so far. As of February 27, 2008, my fiance passed her interview.
Here are the steps I followed and ones I discovered on the way. I am not a lawyer and this is not intented to be legal advice, this is only my opinion of what I think should be done and what I did in my case. This is for informational purposes only.
Step One. Fall in love with someone from Vietnam. When you and the one love you decide you want to be together forever, you will find there's a lot you should have done but probably didn't. Don't worry, everyone does that:
a. Do you want to petition for a K1 (fiance) visa
or K3 (spouse) visa. There are other places
to help you decide which is right for you. I'm
writing for K1 and some but not all will apply to
K3.
b. Before you start to fill out any forms, you need
to collect evidence. That is what the US Government
calls proof you have a real relationship. The kinds
of evidence you need are:
1. Communications between you, your loved one,
your family, their family, your friends,
their friends. This will be letters, cards,
phone logs, emails, IM chats (text and
voice). The purpose is to show the two of
you have a relationship that others know
and support. Most people only include the
communications between them and their loved
one. That is important but the Consulate
also looks to the wider support your
relationship has. In this case more is
better.
2. Have you bought presents for your fiance(e)? Do you
now or soon plan to support your fiance(e)? This
can also be support for the family or fiance(e)'s
children if any. If you haven't been keeping
records, start doing so now.
3. You need to have met your fiance(e) at least once
in the last two years. You should have or get
proof of your trip(s):
a. You should have credit card/bank
statements/cancelled checks/cash
receipts/reward points that show the dates
and amount paid for your trips. Also you need
to have your boarding passes and baggage
claim checks.
b. Your passport should have stamped visas
showing the dates of your trip. Also helpful
can be receipts (USPS money order, credit
card, etc) that show purchase of the visa
from the Vietnamese Consulate or Embassy. I
also kept my USPS Express mail receipt and
envelope.
c. Where did you stay? If you stayed with your
relatives or your fiance(e)'s family they may
have filed out the household temporary
residency book. Get photocopies of that.
If you stayed in a Hotel they should have
records for your stay they can supply you and
if you paid by credit card then you have
those records too.
d. What did you do on your trip to see your
fiance(e) the first time? If you haven't yet
visited then you can save yourself a lot of I
should have that.... If you travel anywhere
by taxi, bus, private car, get whatever
receipt you can to show that. I kept every
local bus ticket but didn't get any for our
trip to Vung Tau Beach. It wasn't a problem
but would have been better if it was
included. Go to the Zoo? Go out to dinner?
Get receipts..
e. Pictures. Get pictures that you can match
with receipts whenever possible. Be aware of
what you wear because you don't want all your
pictures taken in the same clothes. If you go
on more than one trip, try to take different
clothes on each trip. (I would recommend as
many trips as possible not just because it's
good for the interview, but also it's fun!)
You want pictures of you and your fiance(e)
doing things to together but you should also
include as many family members as possible
doing things together with you and your
fiance(e).
Step Two. Now you may think you have everything you need but you don't. Here's where you think like the USCIS and US Consulate in HCMC. You have to objectively look at your petition. What events or situations could be a problem or red flag? Is there a "red flag" that is definately going to stop your petition or deny your fiance(e) a visa? NO, if you are a spouse beater, criminal, terrorist, or have certain diseases, there are roadblocks that may stop you but the US can allow "reformed" and treatable persons to marry. However the odds of being sucessful are small if you fall into those categories. IF you are in any of these categories, I would suggest you get professional help with a good immigration lawyer and other professionals to help you with your case.
For the rest of of us, here is a checklist I've complied with what you should watch out for:
a. FOLLOW THE INSTRUCTIONS. While it seems simple enough,
most RFEs and blue slips are caused by this. You forget to
list your fiance(s)'s mother maiden name, or forget to
include required evidence like a photocopy of a birth certificate.
These will get you a RFE (USCIS)or blue slip (Interview).
b. Don't "fudge" or lie on your forms or statements. Yes, you
want to be with your fiance(e) but once the truth is known
by the USCIS or Consulate, you may not be able to fix the
problems it caused. For Example if you are Vietnamese
American and your Fiancee is Vietnamese and you are
distant relatives, don't try to hide it. Get the evidence
to show how distant you are. Get enough Birth certificates
to show how related you are. Write a statement explaining
how related you are. The Consulate will be looking for
links between you. If they supect you are related they
will ask you to show how related you are. It's better to
be prepared before hand. Whether you include it in your
I-129f as supporting evidence or just have it in hand for
the Interview is up to you and how you want to proceed
with your case.
c. How did you meet? There is one rule about this and it
concerns match makers. Otherwise the USCIS and Consulate
will look at how you met in context to others who have
met in a similar way. Here are a couple of examples:
1. If you met thru relatives, you will need to have
extra evidence to show why you were introduced this
way. Do you have an Aunt who thought the two of you
are pefect for each other? Or did the Aunt offer
you money to marry? The Consulate will want to
know. They have reason to believe the worst so you
have to prove otherwise. Get notorized statements
from those involved in your introduction. If at a
party are there pictures?
2. If you met online at a dating site or chat room,
you need to have evidence showing that. Your first
email from the dating site will be helpful but not
a red flag if you don't have it. In my case, we
didn't keep our emails from that time because we
hadn't yet decided we were in love. In my I-129f
statement about how we met, I included a sentence
that we lost our our emails when we deleted our
profiles from the dating site. In the Proof of On
Going Relationship Statement, I included the email
notice about receiving an email from my fiancee
from the dating site's email server as well as our
Yahoo emails about having stopped using the dating
site. At her interview, the CO asked her how we met
but didn't ask any questions about the dating site
or why we used it, etc. I suspect the lack of
questions was because they already knew the answers
and didn't care to quiz my fiancee about them
assumming she knew as well.
d. When did you meet in person? And just as important what
did you do? As mentioned earlier, you need evidence to
show exactly when you met what you did when you met.
Everyone's case is different so you have to think in terms
of context. For example if you are a Native Born US
Citizen and your fiance(e) is Vietnamese, you will be
treated differently than a Vietnamese Naturalized US
Citizen who has a Vietnamese fiance(e). While the ACLU and
others debate the right and wrong of these kinds of
things, I won't here. The opinion of most people who have
gone thru this process is the US Consulate does treat them
differently. DO you need to do things to make the
Consulate happy? NO. Do what you want to do, just have
evidence to show you did it. I don't think going to the
Saigon Zoo so you can list that in your evidence is good.
Going to the Saigon Zoo because it's a totally different
experience than any US zoo? Yes, I have been to Saigon Zoo
and it's a great unless you don't like watching the lions
and tigers eating small live animals. Just don't go to
their cages during feeding time if it bothers you to see
that. It's also a nice park to relax in too. I want to go
back when we have time as we didn't see everything the
time we went.
e. This is the most important step of the process if you have any possible "issues". It
is at this step you can present your case your way, showing the USCIS and later the
Consulate why your issues aren't a problem to granting approval at USCIS and a visa
at the Consulate. Also you can "fix" any problems before they are problems, here are
some examples of what I'm refering to:
1. If your fiance(e) doesn't speak English, now would be a good time to get your
fiance(e) enrolled in an English School. If there isn't on close to your
fiance(e), there are online/software/CD courses available (Fidelización clientes). Speaking English
isn't a requirement, however it appears that the better your finace(e) speaks
English, the easier the interview will be.
2. If your fiancee is pregnant, now is a good time to deal with it. If the baby
will be born before the interview (or when you guess the interview could be),
then you should include in your I-129f evidence to show that you are the
father and that you plan on bringing the baby to the US. File the proper
papers, etc. If the baby will be born after the interview, you should still
include the baby in your I-129f.
3. If you have income problems, it may be better to wait (yes, I know that's not
what you want to do.....)if showing a new job at a higher pay will help you
meet the poverty guidelines. Or if waiting to file a tax return or a tax
transcript (preferred by the Consulate) will meet the guidelines.
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NOTE: The above information does not address the specific requirements for any given case and is not a substitute for the advice of an attorney.