Vietnam - Fiance visa v. mariage

[Hamlet]

I am considering both of these options, fiance visa or marriage.  Does anyone know the times involved in getting a Vietnamese woman to the US with either of these?

My girlfriend already has a business visa, but I don't suppose that will mean anything when applying for a fiance visa or marriage.

Hamlet

[madmal]

... in response to Vietnam - Fiance visa v. mariage, posted by Hamlet on May 30, 2003

Friends of ours married in Vietnam in June 2001. We were there for the wedding. And filed the papers immediately in Saigon.
They had quite a long wait with no apparent progress.
She had her medical in January this year ( after 19 months)
and was granted her visa in March this year.
So 21 months all up.

The process basically ground to a halt after 9/11.

mal

[Jeff S]

... in response to Vietnam - Fiance visa v. mariage, posted by Hamlet on May 30, 2003

I married my wife overseas, filed with the US embassy there, then she came to the US and entered on her tourist visa. We then we went down and adjusted her status once she was here. Both visits (overseas embassy and local INS office) were  quick simple. Everything else was handled by mail. I remember at the time it was just about as difficult as registering your car at the DMV. That was 17 years ago though so it may be totally illegal today.

I agree with Ray, though, these times shouldn't be the "how do I get past this with the least amount of time and money" times, they ought to be the "we're courting, falling in-love and learning all about each other" times that should be savored and enjoyed. So what if you have to make an extra trip, and spend a few more months dating, holding hands, discovering each other's personality and, let's not forget, doing paperwork - there will be plenty of years ahead of togetherness - sometimes it'll seem like too much and you'll remember these days fondly.

- Jeff

[Ray]

... in response to I have no idea if this is still an optio..., posted by Jeff S on May 30, 2003

Hi Jeff,

Technically, if you enter the country under false pretenses, like if you use a business visa to enter when you intend to marry and not return, you would be committing visa fraud. Likewise, if you married overseas and then entered on a tourist or business visa, with the intent of staying, then you may be violating the terms of your visa.

Practically speaking, I don’t think the BCIS really gives a rat’s ass. Like your wife, many people have used that shortcut before and had no problems at all. But things have obviously changed since 9/11 and the BCIS is not as lenient as they used to be.

The main problem that I could foresee with your plan would be if she got a hard-nosed immigration inspector at the port of entry and he started asking a lot of questions. If he found out that she was married to a U.S. citizen and that she was technically an intending immigrant, she could be denied entry and sent home with her business or tourist visa cancelled. I would probably try it if I was in that situation, but I wouldn’t want to ask my wife to lie if she were questioned at the P.O E.

Now if she were waiting for a spousal visa and used her business visa to come over on “business” and stayed with her husband for a while, with the intention of returning home for her visa later, I don’t see anything wrong with that at all.

Also, if you are in the country legally, meet someone and decide to marry AFTER you are already here, then you are perfectly legal by applying for adjustment of status.

You’re right Jeff, the visa process used to be so simple and quick, but that was before they “streamlined” the process by adding the regional service centers and the NVC. I did a fiancée visa in 1972 and it was a snap. Bureaucracy sux!

Ray

[Jeff S]

... in response to Re: I have no idea if this is still an o..., posted by Ray on May 30, 2003

Right up there with:

The check's in the mail,
Sure the loan is assumable,
My Mercedes there - it's paid for,
Don't worry about it - it's just a cold sore
and I won't --- in your mouth.

- Jeff

[Ray]

... in response to Vietnam - Fiance visa v. mariage, posted by Hamlet on May 30, 2003

[This message has been edited by Ray]

No matter which way you do it, it will take a long time, cost a lot of money, and give you major headaches.

Depending on which state you live in, the overseas wedding with a K-3 spousal visa is “usually” faster than the K-1fiancee visa. I would figure a minimum of 4-6 months for K-3 processing. The fact that she has a business class visa should have little or no affect on the timing.

Instead of basing your decision on which will get her here faster, why not let her decide which type of wedding she really wants. Does she want a traditional Vietnamese wedding at home or a quickie marriage here with a J.O.P.? What can you afford? Women generally take their wedding day very seriously and should have the major decision making power on which type you do, IMHO.

Ray

[Bubba]

... in response to Re: Vietnam - Fiance visa v. mariage, posted by Ray on May 30, 2003

If she has a business Visa that allows her to come to the US, she could come here and then you get married.  Then file for change of status. INS doesn't like it much but if she's here leagally then you can get married. Normally this causes them to delay issuing an travel visa to allow her to return home for a visit for quit a while.

[Ray]

... in response to Something to consider, posted by Bubba on May 30, 2003

Yes, you could marry her while she was here on a business visa. If you apply for adjustment of status, they may or may not allow her to stay. Technically, they could require her to return home and make you file for a spousal visa.

It wasn't a big deal in the past, but they are definitely getting more strict in the last couple of years. The best way would be to apply for a fiancee visa if you plan to marry here.

Ray