Archive for June, 2008

I am an American citizen and want to marry someone in Vietnam what do I need to do?

To marry someone in Vietnam, you have to prove that you are eligible to marry with the Embassy of Vietnam.  Documents needed include:

1) an application for marriage registration

2) affidavit of single status

3) certificate of no-marriage records issued by the state or county Vital Statistics Office

4) certificate of good mental health

5) biographical information sheet.

Please note that going to the doctor for a general check-up will not suffice for the certificate of good mental health, the information must be presented on a specific form.

If you have been in a previous marriage you must submit a copy of the divorce decree.

I met someone in Vietnam, how can I get that person over here?

If the person in Vietnam and is a finance, he or she will get a K-1 Visa.

The processing time for a K1 Visa will take anywhere from 3 to 6 months.  In order to get a visa, some of the things that are required include a document stating that the person is able to get married, a medical examination, evidence of a valid relationship, passport, birth certificates, divorce or death certificate of any other spouse.  Once the alien fiancée is in America he/she will have to get married with the sponsor within 90 days.

After the marriage, the alien spouse must apply to the USCIS to obtain a record for conditional permanent resident status.

I am a US Citizen, how can adopt a child in Vietnam?

The agreement required by Vietnamese law to authorize adoptions between the U.S. and Vietnam, expires on Sept. 1, 2008.  Since the processing time to complete an adoption in Vietnam is at least 5 to 6 months, an adoption process starting now may not be completed before the end of the current agreement.

In order for the child to be considered as “orphan” the child must have a written consent by father and/or mother of that child.  Exceptions to this rule is either parents are deceased, or the child has been abandoned or left at a medical establishment, or if the child’s parents have lost their civil act capacity.

Please note that there will be DNA testing for Vietnam adoption cases where the birth parents of the adopted child has been identified.

I am a permanent resident or a greencard holder, can I sponsor someone to visit under a visitor visa?

Yes.  Permanent residents and/or citizens can sponsor friends and family in Vietnam to come over to America.  Please note that visitor visas are for a short duration.  To obtain a visitor visa:

- a relationship must be establish between the person in Vietnam and America

- there must be enough financial proof that expenses of a visit can be provided for (this can either come from the Vietnam or American side)

- proof that there are reasons for the visitor to go back to Vietnam

Please also note that there are many different types of visas, it is best to consult an attorney for the best type of visa available for a “visitor”.