subject: K-1 Fiance Visas for Vietnamese Fiancees [print this page] K-1 Fiance Visas for Vietnamese Fiancees K-1 Fiance Visas for Vietnamese Fiancees
This piece is meant to shed light upon the K1 visa process for those intending to bring a Vietnamese loved one to the United States of America on a K-1 fiance visa.Regardless of a foreign fiance's country of origin, the K1 visa process almost invariably begins with the United States Citizenship and Immigration Service (USCIS). This office operates under the jurisdiction of the United States Department of Homeland Security (DHS). USCIS is responsible for adjudicating visa petitions and applications for immigration benefits. Some are under the erroneous belief that the USCIS phase of the US visa process is a "formality" in family based visa cases. This is actually not the case as USCIS officers make adjudications of visa petitions on an individual basis in an attempt to ensure that the petitioner and possible beneficiary meet the eligibility criteria set forth under the law. After the file's examination and adjudication, if the case receives approval, then it will be forwarded to the Department of State's National Visa Center (NVC).The National Visa Center is responsible for making sure that visa petitions received from USCIS are forwarded to the US Embassy or US Consulate with jurisdiction over the matter. The National Visa Center is also tasked with initiating security clearances prior to forwarding cases to the American Mission with jurisdiction over the proposed beneficiary.Upon arrival at a US Embassy or Consulate abroad, the Consular Processing phase of the K1 visa process can begin. In the case of Vietnam the Consular Processing phase is somewhat unique in that the vast majority of K1 visa applications are adjudicated at the US Consulate in Ho Chi Minh City (HCMC) rather than the United States Embassy in Hanoi. That said, the US Consulate in HCMC is a high volume post which means that they process a large number of visa applications each year. As a consequence, the process can be rather arduous particularly for those unaccustomed to participating in the American Immigration process. Some find that attorney assistance in the K1 visa process for a Vietnamese loved one can be beneficial as an attorney can provide insight into the law and also utilize methods for streamlining various aspects of the overall process.Should a Consular Officer approve a visa application, then the travel document is generally issued shortly after adjudication. However, if a Consular Officer refuses to issue a K1 visa, then this refusal may be remedied by providing further documentation. In some cases a Vietnamese fiance may be found legally inadmissible to the USA. In cases such as this, a remedy may be available in the form of either an I-601 waiver or an I-212 waiver.Those seeking attorney assistance with the K1 visa process for a Vietnamese fiance are well advised to check the credentials of anyone claiming expertise in American Immigration matters as only a licensed American attorney is entitled to practice US Immigration law and represent clients in American Immigration matters.
