Spousal Visa to the USA

schleger wrote:

Yes, very helpful.
I am looking at the application form for “Issuance/Reissuance of a Visa Exemption Certificate”.
On page 2, half way down it says, “ for foreigners who are spouses, children of Vietnamese overseas or Vietnamese citizens”.  Stupid question but this part is for me to fill out, right?  I am the US citizen who just married a Vietnamese woman in VN. She is in VN. I have all the red stamped marriage certificates.
My question is: there are (6) boxes to check.
1. Certificate of marriage (got it!)
2. Birth Certificate (i have a photo copy)
3. A certificate of relationship with father, mother, children ( i dont understand this) . This must be optional, right?
4. Other docs required by Vietnamese law. (Again, is this optional?)
5&6 dont apply

Your help on which ones i need 1-4 is appreciated.

Oh, my I-130 form is in the mail today. I am here in the US and my wife is in VN. I do still have a one year multi entry business visa due to expire Dec.14 of this year.  I imagine i can still apply for a VEC and still have an active other visa.
Your advice is always appreciated . Thanks

Are you wanting to get a VEC and still have a seperate visa?

No i dont think i want or need both. What i am thinking, and this is where i need advice is,

I should probably get the VEC (which is good for many years and can give multiple entry to VN, right).

I guess i am not sure if i apply for a VEC now while i still have an active 1 yr business visa, will they issue me a VEC?

schleger wrote:

No i dont think i want or need both. What i am thinking, and this is where i need advice is,

I should probably get the VEC (which is good for many years and can give multiple entry to VN, right).

I guess i am not sure if i apply for a VEC now while i still have an active 1 yr business visa, will they issue me a VEC?

Are you going to apply for the VEC in VN or the USA?

I heard doing it here in US specifically thru the San Fransisco, CA office was efficient.
Why? Do you believe one country is better than another regarding VEC issuance

schleger wrote:

I heard doing it here in US specifically thru the San Fransisco, CA office was efficient.
Why? Do you believe one country is better than another regarding VEC issuance

No, just asking. Not sure what your plans were, not sure as to how long you intended to stay in VN. If you can do it there I would go down that path.

schleger wrote:

1. Certificate of marriage (got it!)
2. Birth Certificate (i have a photo copy)
3. A certificate of relationship with father, mother, children ( i dont understand this) . This must be optional, right?
4. Other docs required by Vietnamese law. (Again, is this optional?)
5&6 dont apply

Here exactly as printed on the SF Consulate site:

"d. One of documents proving relationship between wives/husbands/children and the Vietnamese residing abroad (a copy attached for competent authority to file)

– Certificate of Marriage
– Certificate of Birth
– A Certificate of relationship with farther, mother, children;
– Other valid documents as regulated by the Vietnamese Law.
– Decision of Adoption"

Notice that the site says "One of the documents." From looking at the website, it seems to me that the marriage certificate alone would be sufficient.  Remember that the Vietnamese marriage certificate lists both the ethnicity (Dân tộc) and nationality (Quốc tịch) of the parties.  It also has a record of either her passport number or ID number, depending on which she submitted. 

The phrase "the Vietnamese residing abroad" may be confusing but I expect that they mean that in your case your wife is the "the Vietnamese residing abroad" and they have adopted the US perspective.  Also note that "farther" is their spelling, not mine.  Nobody is perfect.   

As your current visa situation affords you some time,  why not just go with the marriage license, assuming you have an original BẢN SAO, and see what happens?  Just a reminder that the phrase "for competent authority to file" means they are keeping it.  If you are still unsure, call them and ask if the marriage license is enough.  You can also ask them if the  VEC voids the business visa.  If you submit your passport for a glued in VEC they may void the old visa anyway.  As I mentioned previously, the SF staff seems much more helpful than the Embassy staff in DC.

schleger wrote:

Thank you THIGV for the info. Things are starting to make more sense with your help (and multi trips to the embassy and hours of paperwork).

As for our 26Aug wedding, we sign the actual papers and my fiancee feels confident they will give us Ban Sao and Ban Chinh the same day.

Then back in the USA, i will contact the San Fransisco office to try for the 5 year VEC. ........but.....let’s say while i am waiting for the 5 year Visa, couldnt i still go to VN on my current business visa which is good til 14Dec.......or after the business visa expires on 14Dec couldnt i just get a 30 day tourist visa?

Seems like i have some options to return to VN rather quickly, right?

Also, thanks for the info on the need to have marriage certificate translated to English for her to apply to immigrate to the USA. That is our plan and i am going to hire a US attorney to do that..all indications are my soon-to-be wife wont be eligible to come to the US for over a year. Multiple sources say 12-14 months.

Last time I will say it.

THIGV is right in what he says.

But you should NOT get a US Immigration lawyer, unless you need a waiver for something.
I say this based on two yeas of reading outcomes on VisaJourney.

You will need a printer in Vietnam. I brought one on my of my trips, but should have brought more printer cartridges. They can be found in HCMC, but are more expensive than Amazon.

Email me if you have any questions.
Richard
Now living in USA with my Vietnamese wife and her son.

colinoscapee wrote:

No, just asking. Not sure what your plans were, not sure as to how long you intended to stay in VN. If you can do it there I would go down that path.

As you are an Australian, I assume that "there" means in the US.  As far as I can see the only disadvantage to getting the VEC from within the US is price, $70 vs. $20 and maybe the cost of mailing documents from Vietnam.  If you are in the US, or anywhere else, and choose to get the VEC in Vietnam, you will need to enter the country on some other visa which is a useless expense and likely more than the $50 difference in the price.

Now if one intends to stay in Vietnam permanently, to the extent that is possible, then the choice is between a VEC and TRC, and I believe you can only get a spousal TRC from within Vietnam.  However, that is another discussion.

Thank for all the valuable info!

My rationale is:

My I-130 is in the mail as of yesterday.  Now i am in that (12 to 15 month) waiting period. Me here in US / wife in VN. During this time i will make a month long visit or longer.

I know i could get a tourist visa and hop the border to renew, or i could get another 1 year multi entry business visa, but what i am keeping in mind is -what if they deny the Spouse Visa”.  It seems unlikely given that i have help from an attorney.......but......as mentioned by others, officials have flexibility in approving or denying a spouse visa. 
Should that happen, i will move to VN. Thats where the VEC comes in.  I would need the VEC to live in VN, right?

That is my only question. 

I forget THIGV do you live in US or in VN?

I think you are needlessly worrying and getting the cart before the horse.  I know the immigration situation is a little quirky (looking for a politically neutral word) right now but paradoxically that could be for the better as it focuses their attention to the southern border and away from places like Vietnam.  The possible down side could be that personnel may be pulled from reviewing applications from overseas and assigned to other tasks.

schleger wrote:

but what i am keeping in mind is -what if they deny the Spouse Visa”.  It seems unlikely given that i have help from an attorney.......but......as mentioned by others, officials have flexibility in approving or denying a spouse visa.

Again, stop worrying.  You are passing your ulcer to the rest of us.     All you can really do is submit the papers and wait, so you need to just accept that fact.  It is frustrating but you just have to accept it. Don't waste too much time in the lawyers office.  It will just jack up his billings.   

schleger wrote:

I would need the VEC to live in VN, right?

As I mentioned above, the TRC is actually a better solution for a longer residence but in your case the VEC is the better and only reasonable option.  Unlike other visas, it will allow you to go to Vietnam on short notice (just make a plane reservation and go) and for periods of up to 6 months at a time.

schleger wrote:

I forget THIGV do you live in US or in VN?

I am in Hawaii now but during the time up to my wife's immigration, we were living continuously in HCMC.  I did all the paperwork from there.

Yes, i will “chill” and just go with the flow.

Thanks, I’m sure i will have other questions, but much later!

Mtgmike, you mentioned viewing a video on the interview process. Was it helpful? Do you recall the link?
Thanks in advance.