This guide is for the US Citizen that is trying to fully understand (1) what are the marriage options and (2) the immigration options/processes. If you have a Vietnamese Spouse or Fiance, this Guide will cover the most common topics and questions.
First, what are the two Immigrant Visa Options:
Second, how to get married in Vietnam? The US Embassy gives the following guidance for marrying in Vietnam: https://vn.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/marriage/ However, a Virtual Marriage in Utah may also be a viable possibility (without the international plane tickets and months of planning): https://www.fickeymartinezlaw.com/immigration/virtual-utah-marriage-alternative-to-a-proxy-marriage-for-immigration-purposes/
Click here to see further guidance on the I-129F Fiance Petition relationship proof: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/i-129f-fiance-visa-how-to-prove-your-relationship-to-uscis/
Click here to see further guidance on the I-130 Spousal Petition relationship proof: https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage/
In a nutshell, the US Government needs to review the past 3 years of income, and confirm the past and current income is over the Federal Poverty Level Guideline (link to the guideline found here: https://www.uscis.gov/i-864p ). The Government will normally require:
Since everyone’s income situation may be different, the following links do a much deeper dive into needed financial documents:
The U.S. Consulate in Ho Chi Minh City provides this Checklist on items that must be provided: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/HCM-Ho-Chi-Minh-City.html
Immigrant visas to the United States are processed for citizens and residents of Vietnam at the U.S. Consulate in Ho Chi Minh City.
Instruction Link: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/HCM-Ho-Chi-Minh-City.html
More information can be found here: https://www.fickeymartinezlaw.com/immigration/vietnam-birth-certificate-guidance-for-us-immigration-purposes/
A “Justice Record Check #2” (Phieu Ly Lich Tu Phap So 2) must be made at the Department of Justice office located in the district where the applicant currently resides, or at the applicant’s official residence. The record check takes approximately 10 working days to complete. The applicant has to apply in person and cannot grant authority to someone else to apply on his/her behalf.
Applicant should be prepared to present two (2) sets of the following documents at the time of the request:
At USCIS, the Processing Time can be located at: https://egov.uscis.gov/processing-times/#mainContent
Up-to-date Immigrant Medical Instructions can be located here: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/HCM-Ho-Chi-Minh-City.html#med_exam_instructions
The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a Vietnam spouse to immigrate to the United States.
The process involves 2 Main Stages.
For a more detailed overview of this type of filing and what it entails please refer to the steps below:
Government Cost: $1200
Average Processing Time (2022 Estimate): 18-30 months (with the bulk of processing time spent in the I-130 Petition)
When the couple has been married for less than 2 years at time of interview, then a CR-1 Visa would be issued, conditioning the residence to a 2-year Green Card and requiring an I-751 thereafter. ( More information found here ) If the marriage is more than 2 years at the time of the interview, then an IR-1 Visa would be issued and a subsequent Green Card would be valid for 10 years.
First important note: The K1 Fiance Visa Process is generally 2x slower and 2x more costly than a CR-1/IR-1 Spousal Immigrant Visa.
The Fiancee Visa has 3 steps:
Step 1 of the process essentially recognizes the relationship and confirms eligibility. Step 2 tests the fiance on the relationship and re-confirms eligibility. Step 3 confirms the marriage after entry on the K1 Visa and verifies that the marriage is for love and to start a life together. Once confirmed by USCIS, the K-1 adjusts status to Lawful Permanent Resident (aka Green Card).
Below is a template our office has created to assist:
The processing times for the I-129F petition can be found here, just select the service center the filing is located at (which that info is generally found on the filing’s Receipt Notice): /immigration/how-do-i-check-uscis-processing-times/
The above link can assist in finding the current processing time, the difference is that you would select the local USCIS Field Office, versus a USCIS Service Center. The I-485 filing (based on marriage) generally requires an interview at a local field office.
If you require assistance with the Spousal or Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.
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