Visa question for visiting US with my Vietnamese wife

I tried searching the forums for an answer but there are quite a few results when you include "visa" in the search.

I would like to take my wife, who is Vietnamese, to the US to visit for a few weeks. We also have 2 children who will both have their US passports by then also.

I have been told that she can get a non-immigrant visa but it will require us to show exceptional ties to Vietnam as we don't plan to live there.

But I have also heard that since we are married we would have to get an immigrant visa which is a much longer process.

Does anyone know exactly what the answer is? I'm planning a visit to the consulate in a month or 2 to get my new daughters certificate of birth abroad done and can ask them then but would like to know if anyone has any experience with this.

Thanks,
Don

You should call/visit the consulate asap and ask them directly. 

She should be able to get a tourist visa, though you should start the other paperwork anyways, even if you don't intend to go back to the US.  If she gets a green card, then you will never have to worry about this.

This site has a lot of good info and experiences:

visajourney.com/



The best advice I can give you is the following:

1. Visit this website: http://www.travel.state.gov/

2. Do NOT expect any of the process to be quick and easy.

Don,
   I don't have any direct experience w/ this as of late. Was married to a foreign gal before 9/11 and then it was a cake walk. However, I have a friend who is married to a Philapina and they have tried since 9/11 and still no luck. I know this does not help, but might provide some insight as to how the U.S. stated to become so anal about this subject. Good luck on the trip home.

Don,
   I don't have any direct experience w/ this as of late. Was married to a foreign gal before 9/11 and then it was a cake walk. However, I have a friend who is married to a Philapina and they have tried since 9/11 and still no luck. I know this does not help, but might provide some insight as to how the U.S. stated to become so anal about this subject. Good luck on the trip home.

Don,

I know this sounds crazy but your chances are slim to none. Having an American spouse is almost always an instant denial for a tourist visa to US. She would have to own a sizable business in order to get a visa. Your best bet would to apply for a green card. If you have been married longer than 3 years they are usually given the permanent green card as soon as they step off the plance and then she can go back and forth. One thing to remember with green card holders if they are out of the US longer than 1 yr but less than 2 it is upto the immigration officer whether they can reenter. Over 2 years green cards holders are in most situations denied entry to US.

After doing some more research and digging through the US Consulate site I have found that it is possible to do but have to show really strong ties to Vietnam.

VungTauDon wrote:

show really strong ties to Vietnam.


Yup, that is what those guys, over at the Consulate, look for:  business ownerships, real estate ownerships, official statuses...  Of course, the length of marriage and children help as well.

You already have the latest parts going for you.  Just research a little more about the others and get it right the first time.  Don't go in there and roll the dice, like so many folks, Don.  A denial will make things a lot harder for you guys later on.

As for the immigration part, you must think good and hard.  Once admitted to the US, until she becomes a naturalized US citizen, she can NOT leave the US for more than 6 months at a time.  And, for any day that she leaves the US, it will count against the mandatory 5 years of residency.

Many Vietnamese made this mistake and ended up having to sell their businesses here or returned their American green cards.

VungTauDon wrote:

After doing some more research and digging through the US Consulate site I have found that it is possible to do but have to show really strong ties to Vietnam.


VungTauDon,

I hate to play the devils advocate here but her status as the spouse of an American actually works against her. In theory it is possible but she would have to have extremely strong ties to the Vietnamese community. If she is under 40 that will also work against her. This is not to say you shouldn't try. Just have as much paperwork showing a strong connection to Vietnam as possible. Also when she interviews for a tourist Visa no one is allowed in the interview other than her.

Should you try the immigration route be aware of the hurdles that Wild_1 pointed out. Many a immigrant has found out the hard way.

We are saving to buy a house so we have 1.2 billion in savings in her name. And her cousin is the general director of the company she works for so we should have no problem getting a good letter of employment record. Her aging mom lives with us so that should be another "tie" to Vietnam.
I hope these things will be enough.

Don,
Based on my personal experience, all the info you've been given so far is good. Believe it or not, for just a simple visit to the US, it actually works AGAINST you that your wife is your wife, and not your girlfriend. Because of that, I'm worried about what kinds of problems I'll have the next time I need to get a visa for my wife. She has already been to the US 3 times with me, but all 3 times were as my girlfriend. The next time will be as my wife. I'm hoping her 3 previous visits on 2 separate tourist visas will carry some weight.

I can tell you for sure that the first visa is the hardest to get. When my wife (then my GF) went for the second one, it was a cakewalk. Whatever you do, don't lie about ANYTHING on the visa application. If you lie and get caught, it's game over - probably forever.

One thing you can do is go to the consulate yourself for a consultation. They have certain days and hours that US citizens can go in and ask questions about wife/GF visa applications, etc. It's not in the office where you go for your US passport business, etc. but over on the right-hand side where all the Vietnamese have to go for visa interviews. You talk to those same people and find out what your options are. Here is a link to the HCM US Consulate website:

http://hochiminh.usconsulate.gov/non-im … visas.html

Navigate around on there and you'll find a lot of info. I don't remember if you have to schedule an appointment for a consultation, or if you just go on the correct day and time. Regardless, be prepared to wait awhile in the "al fresco" waiting area. I found it quite interesting to see all the "characters" who came in with questions such as, "when ya'll gonna let my girlfriend have her visa?!?!" - "we been waitin' over six months, and I'm gettin' tired of the runaround..." Ummm... that approach won't be very effective...

Thanks for the info SG
My wife has already traveled to Amsterdam with me before and I think that will help us also, showing that she has traveled to a "western" country and not overstayed.

saigonmonkey said:"Whatever you do, don't lie about ANYTHING on the visa application. If you lie and get caught, it's game over - probably forever." If I may add watch out for the shyster lawyer that says he can get everything you need. The US consulate has a whole staff of investigators that's sole purpose in life is to check everything that you give them in writing and spoken words. Matter of fact I just saw on the website a few months ago where they were recruiting for 7 more investigators. Business must be booming.

Saigonmonkey wrote:

I'm hoping her 3 previous visits on 2 separate tourist visas will carry some weight.


Oh yeah, it will.  But, be sure she keeps her passport.

VungTauDon wrote:

My wife has already traveled to Amsterdam with me before and I think that will help us also, showing that she has traveled to a "western" country and not overstayed.


That will definitely help.  Of course, the more stamps from developed nations, the better...  But, like I had just reminded Saigonmonkey, make sure she holds on to the old passport, if she had to go renew it, prior to applying for US visas.

I had seen so many women surrendered their expired passports and had to resort to the sketchy photographs for proofs.

Wild_1 wrote:
Saigonmonkey wrote:

I'm hoping her 3 previous visits on 2 separate tourist visas will carry some weight.


But, be sure she keeps her passport, not allowing her immigration officers take it, like so many do.


Howie, if you're talking about expired passports, yes, everyone should keep those.

But, in this case, both of my wife's previous US visas are in her current, valid passport, which won't expire for another 7 years or so.

Don....
The initial application is the most important.... if you blow it, then you are doomed.