IR1 Visa Vietnam


by Ben Hart

The forthcoming posting is meant to act as something of a primer regarding issues related to United States immigration from the country of Vietnam.

Each year, many American Citizens petition to bring a Vietnamese fiancee or spouse to the United States of America. There are different strategies which different individuals employ in order to bring a foreign loved one to the USA since there are multiple travel documents which can be used to that effect. For example, some Americans opt to bring their Vietnamese loved one to the USA on a K-1 fiance visa. This type of visa allows a foreign fiancee to enter the United States for the specific purpose of reuniting with their American counterpart and entering into a marriage. It ought to be noted that those entering the USA on a K-1 visa are required to get married and apply for adjustment of status within 90 days. For those unfamiliar with the adjustment of status process it is the procedure by which a non-immigrant changes from said status to that of lawful permanent resident. Depending upon the circumstances, permanent residence may be accorded unconditionally or with conditions attached.

For individuals who have already gotten married outside of the USA it should be noted that the K-1 visa is probably not the correct travel document to bring an alien loved one to the USA under such circumstances. That stated, different international jurisdictions have differing rules regarding the legalization and/or solemnization of marriage which either may or may not comport with American jurisprudence on marriage. Thus, it might be beneficial to contact a licensed American lawyer prior to making irrevocable decisions regarding marriage and U.S. immigration.

There are two different types of immigrant visas for the Vietnamese spouse of an American Citizen. The CR-1 visa accords conditional lawful permanent residence upon the bearer as of lawful admission to the United States. This conditionality may later be lifted upon the conclusion of two years continuous marriage and presence in the USA. Meanwhile, the IR-1 visa provides unconditional lawful permanent residence to the bearer upon lawful admission to the USA. A person will likely receive IR-1 status upon admission if the couple's marriage has lasted longer than 2 years at the time of application to enter the USA.

Matters pertaining to American immigration can be cumbersome and somewhat confusing. Therefore, some choose to consult or retain an attorney in order to assist with the overall process. Those seeking such services are prudent to ascertain the credentials of anyone claiming qualification in American jurisprudence as only a licensed American attorney is allowed to accept fees in connection to the practice of American immigration law.

About the Author

Benjamin W. Hart is a licensed American lawyer in Southeast Asia. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See furrther: http://integrity-legal.com/legal-blog/us-visa-immigration/american-citizen-sues-government-over-k-1-visa-denial/ or http://www.legal.net.vn

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