Marriage in VN and documents

Lambert82 wrote:

The  Vietnamese embassy in DC WILL NOT nor offer to translate my Decree from English to Viet.

This is a real problem.  In my case the embassy translated all of my marriage documents but I had to re-certify in HCMC one document for my work permit because they had not translated it.  It may be that they are simply inconsistent about which documents they translate and which they don't.      I would guess that employment at the embassy is a very plum job that requires connections more than it requires competence.

Lambert82 wrote:

I once tried calling into extension 122 of the VN embassy in DC and the man that answered said yes they do offer a translation service of $80 USD per document regardless how many pages it actually was.

I just asked my wife, who handles all the money when in VN, and she says that she doesn't remember exactly, but it should not be more than $10-$20 USD per document if done in HCMC.  I went that whole VN Embassy document route before moving to VN but with the benefit of hindsight, I would never do it again.  Maybe if you live within a few hours driving distance of the embassy or one of the consulates and could hand carry the documents, but otherwise No.

Lambert82 wrote:

I dont like bribing people because thats dishonest but if that is what it takes to grease the wheel a little, then it is what it is.

Your adjustment to Vietnam will be easier by lowering your western standards of morality over little things like paying someone 500,000d that will save you a week of time, for example. Same as paying extra for rush service at the post office.

When corruption is obscene, like when you wife is asked to pay $1000s to a manager to get a job, that's when it makes more sense to mount your horse and ride out of there.

ps Only took me a couple days to get divorce documents translated in Saigon.

Lambert82 wrote:

SteinNebraska, would it be ok if i private messaged you about this topic? Its been a very stressful last few weeks rounding up documents, sending them off and waiting.

No problem.  No expert, just went through it.

vndreamer wrote:

OP - just curious, are you planning to stay and live in VN or return to the USA?  If you plan to return to the USA, it is a lot easier just to get a K-1 and get legally married in the USA.

This.  Exactly this.  Different for me because I'm living here.

Lambert82 wrote:

I plan to return to the US.  I originally wanted to go the K1 route BUT all my relatives kept telling me that it has a very low chance of success. It's easier if we got married in Vietnam, have a child together and then comes over.

Each of us have different reasons, but if you really plan on returning to the USA, you might want to consider applying for the K-1.  First, you do not have to translate, all documents can be submitted in the original language, English and/or Vietnamese.  Second, you need to think about legal protections for your spouse and expected family as they relate to your USA assets, retirement accounts etc.  Getting married in the USA means you have a USA marriage certificate and that means your wife and family will have no problem getting what they deserve vs. getting married in VN and just imagine the red tape she will have to go through to prove she is entitled to your assets/retirement etc. in the future.  Third, have the kid in the USA and avoid the red tape in VN to get your kid a US passport/citizenship.  Fourth, getting legally married in the USA is so easy and can be done very quickly and no red tape.  Fifth, all of this can be done in the USA without coffee money and wasted time.  Sixth, you can still have a religious wedding in Vietnam and the get the K-1, just do not get legally married in VN.

But again, all depends on your reasons, but I would not get married in VN just because family assumes and tells you it might be easier to get a spousal visa vs a fiancee visa.  We had no problem getting the K-1 and I recently helped another friend, who only visited VN 3 times, and his fiancee got the K-1 on the first try without issue.  We met another couple here in the USA and the husband is 20+ years older than his VN wife who is divorced and has 2 kids in Saigon, but they live in the USA.  They told us he only visited her 1 time in VN, did not go to the interview and they got the K-1 on the first try as well.  No, he is not a rich guy with a lot of money.  He is your average joe in his 50's from the midwest. 

Just my opinion.  I wish you the best of luck.

SteinNebraska wrote:

One new note since it's relevant to this thread.  When I researched getting the mental health exams they had 3 day service and an expedited next day service.  Last week we got "one hour service" which was really 25-30 minutes.  The "doctor" did not ask me a single question.  We did pay 1,400,000 for this expedited service but worth it to me to not have to return to pick up the forms.

The mental health check is an absolute joke.

expat48 wrote:

I am going to HCMC where is this doctor for exam? Thanks

The peoples committee ,(UBND)that is doing your marriage license will tell you. They only accept it from certain places,you will need to ask them which one.

expat48 wrote:

I am going to HCMC where is this doctor for exam? Thanks

Nhiet Doi Hospital, 766 Vo Van Kiet, Phuong 1, Quan 5. Go upstairs and when you reach the top of the stairs go left and go down the hall.  Better yet have your better half ask for directions.

expat48 wrote:

I am getting married in VN then getting the spousal visa because she will get a green card upon arrivial  in the USA Also we will marry in Las Vegas

I hope you understand that all spouses who arrive through the spousal visa process (I-130) get a green card but there is a slight difference.  Those that have been married less than two years get a temporary green card which must be converted to permanent, together with a fee of $680 and another intrusive interview, on reaching the two year mark.  Those who have been married two years or more get a permanent card on arrival and have no contact with US immigration until they apply for citizenship or reach 10 years on the first card. 

Spouses who arrive with a K-1 get a temporary green card on marriage which, as with those who arrive in less than two years via I-130, is temporary and replaced after two years with permanent.  Same thing minus the time to wait for approval of the I-130 application process which is 9 months to a year.

Being married in Las Vegas may be nice if you like, but will not change your spouse's immigration status a bit.  If you were legally married in Vietnam, her application will be based on that marriage date and license.

expat48 wrote:

So I am on the fence with this. If I get a CR1 visa for her then she gets a green card when we arriale in the USA. But with a K1 then I need to apply for the green card after she is here and we are married. The only need for a green card is so she can travel back to Vietnam and then return to the US without having to get another visa

Travel is certainly not the only reason to have a green card.  Without a green card, she cannot have a social security number, she can't bank, she can't work, down the line she can't have the widow's share of your social security, and most importantly she can't legally reside in the country long term.  You speak as if a green card is optional. 

Again you speak as if the CR1 or IR1 visa is easy to obtain.  Believe me it is not.  The K-1 followed by marriage and the green card process within the US is arguably easier and does not involve personal separation.  Are you planning to live in Vietnam for two or more years after marriage and before her emigration?  You have made no statements to that effect.  If you marry in Vietnam and return to the US without her, you leave her alone for at least a year and at the mercy of the inquisitors at the consulate.

vndreamer wrote:

You don't need a green card to work in the USA.  My fiance arrived, we got married and filed the change of status and work permit request.  2 months after filing the paperwork she was issued a work permit and was legally permitted to work in the USA and no green card.  You don't have to wait for the greed card for her to work.  Second, you can get her a IRS taxpayer ID by filing Form W-7 and it does not require a green card.

What you say may be true but wasn't the work permit given because she has filed form I-485, pending receipt of the green card and social security number?  A work permit is available to those who have not filed I-485, but such permits expire in 90 days.  A work permit tied to a Form I-485 is good for one year.  The change of status that is requested by the Form I-485 is to a conditional permanent resident status.   Another change called removal of conditions (Form I-751) will be required in two years.  From the USCIS site:  "Conditional permanent residents must file a petition to remove conditions during the 90 days before the card expires.....A 2-Year card cannot be renewed. The conditions must be removed or you will lose your permanent resident status."

The W-7 will yield an ITIN which may be used in lieu of a SS# for things like opening bank accounts and filing taxes.  It can be used indefinitely by persons who need to be US taxpayers despite being non-citizens and even non-residents.  However upon receipt of the SS# the ITIN may still be on record but is not really needed.   My wife had an ITIN during our time in Vietnam so that we could file US taxes jointly as part of proving the bona fides of our marriage.  In our first filing from within the US, she had to use it as we could not file online because the IRS did not yet have an electronic record of her SS# despite the fact that she had the card in hand.  I guess that means the two can coexist.

Also the K-1 visa requires marriage within 90 days of arrival in the US and expires in 6 months.  This is why most immigration advice websites recommend marrying as soon as practical after arrival.  I suppose a couple could get married in the US, then move on to a third country or return to the spouse's country of origin but any work permit expires together with the K-1 in 6 months.   There may be the interim situation you describe but as a practical matter, the spouse must apply for change of status, as you apparently have, and hence a green card or leave the country.  Of course leaving the country would kind of defeat the purpose of all that effort.

Anthony64 wrote:

Wow...mine took all of about three weeks from purchase of forms (1.5 million VND) to the cost of a couple extra copies and then a bunch of flowers at the end for the young lady behind the window.  OH, yea, a conversation with the Head physician at a local medical center and 150,000 VND for the stamp on the form that said I was OK.  I don't know why all the headaches I hear from others. 
As to any mention about heading to the US...not a chance.  I have no address, no residence and I will not supply the information the State Department needs for such to apply.  Much easier and cheaper here in Vietnam.

Depends which official you have to deal with. In the major cities the officials are very money hungry.

I did mine in a huyen in my wifes provence, total cost 3 million vnd.

expat48 wrote:

We will marry in 2 weeks in Vietnam and then apply for a CR1 visa and go to the US and get married there also.

I know nothing about your personal finances, nor do I need to, but have you checked out the levels of income and/or assets required by the I-864 Affidavit of Support?  https://www.uscis.gov/i-864

expat48 wrote:

I have more than needed. I worked very hard for 55 years to get to where I am at.

Good to go!