 Embassy of the United States in Ho Chi Minh, Vietnam The processing time, from the day our law office files your I-129F Petition with the USCIS, to the day the K1 Visa is issued by the US Embassy in Ho Chi Minh is approximately:5-9 Months
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| Law Offices of Michael S. Solomon exclusively practices K1 visa and Marriage-based immigration law. We are expert k1 visa attorneys and spousal visa attorneys with more than 10 years of experience and have assisted thousands of US citizens and foreign nationals with navigating complex immigration laws and successfully immigrating to the united states.
K1 Fiancee Visa processing times for China’s closest countries:
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Vietnam has no central recorded system. Many records have been lost through war and inconsistent record keeping, but larger cities may have old documents on file, and records from the north are generally available. Registrars will sometimes certify that certain documents were lost or destroyed. Records for Ho Chi Minh City (Saigon)-Cholon since 1953 are kept at the Central Registrar’s office of the Ministry of the Interior (Phong Ho Tich So Tu Phap) in Ho Chi Minh City (HCMC). Some pre-1954 records from Haiphong, former North Vietnam are now at the Central Court of Records in HCMC and are available for extracting. Fraudulent civil documents are common in Vietnam and it has been relatively easy to establish false identities both before and after 1975.
When primary documents are unavailable, secondary evidence regarding Vietnamese who fled their country beginning in April 1975 may be available from the individual and his or her refugee record. If the applicant received first asylum in Taiwan, cable AIT – Taipei; if in Thailand, cable the U.S.Embassy in Bangkok, Thailand and slug for ODP; if elsewhere in east or southeast Asia, cable the U.S.Embassy in Bangkok, Thailand and slug for RMA/ODP.
Extracts of Birth, Marriage, and Death Certificates
Residents: Requests for extracts of previously issued certificates are made at the registrar’s office where they were issued, and should include the document registration number, date and place of registration. Without this information, fees may be higher and it is less likely the document will be found.
Non-Residents: Only relatives resident in Vietnam may request extracts of documents for their overseas relatives. Documents cannot be requested through a Vietnamese diplomatic mission, nor can a request be sent to a local office from overseas.
Birth Certificates
Vietnamese law does not distinguish between children born out of wedlock and legitimate children. If the father recognizes the child either parent may file the birth certificate, which must be registered within 30 days at the People’s Committee of the village, ward or district capital where at least one parent is resident. Late registration is permitted with reason. A court must resolve claims or denials of paternity after a certificate has been issued. Legally, two U.S. citizens not resident in Vietnam may register the births of their children born there, but in practice local authorities have denied requests unless one parent is legally resident. Birth certificates after 1989 are white with green background designs and with the national emblem in red. Before 1989, each locality had its own format. Originals have one line listing registration date. Extracts list both registration and extract dates. Usually, however, no distinction is made between an extract and an official copy.
Marriage Certificates
Non-Vietnamese nationals married or divorced in Vietnam and now seeking a record of the marriage should write to: Justice Service (Phong Dich Vu Phap Ly So Tu Phap), Ho Chi Minh City. Request should include the list date and location of marriage. The Service will usually respond, but without friends or relatives to follow up, the process may be lengthy.
Common Law Marriages and Marriage of Relatives
Vietnamese law does not recognize common-law marriages. Authorities do issue certificates verifying cohabitation but these do not constitute legal marriages. Vietnamese law prohibits marriage between blood siblings, half siblings, first cousins or any two persons related closer than three degrees of separation. The legal age for marriage is 20 for men, 18 for women.
Divorce Certificates
Divorce records are maintained by the courts where they were issued.
Death Certificates
Families or responsible agencies (for foreigners, certain hospitals) must report deaths within 24 hours to the People’s Committee of the village, district capital or ward where the deceased resided. The People’s Committee can issue the death certificate, as can a hospital or the investigation police.
Documents Relating to Adoptions
Documents relating to adoptions in Vietnam, such as birth certificates, abandonment reports, relinquishment agreements, and investigative reports are generally issued by orphanage directors, local People’s Committees, Provincial Departments and the Department for International Adoptions (DIA). The facts asserted in these documents are not verified by the issuing officials. Attempts by U.S. officials to verify the accuracy of these documents have routinely uncovered evidence of fraudulent or inaccurate information. Therefore, all documents issued by the authorities listed above and any other documents containing information not verified by the issuing authority cannot be considered adequate evidence of the facts claimed and, at best, may be used in conjunction with primary and contemporaneous secondary evidence or must be must be independently verified by U.S. officials in Vietnam before they can be considered valid for immigration purposes.
Police and Prison Records
Available.
Residents: Requests for a “Justice Record Check” (Phieu Ly Lich Tu Phap) are made at the Department of Justice office in an individual’s district or official residence. The official residence is that registered in the “household registry” (Ho Khau) issued by the district police. There is a fee. The record check takes approximately three weeks to complete. The record check must be initiated in the district listed in the household registry as the citizen’s official residence.
Non-Residents: Vietnamese citizens living overseas may request the “Justice Record Check” through the Vietnamese Embassy in their current country of residence. They may also request the “Justice Record Check” in person at their last place of residence in Vietnam, as reflected in their household registry.
Foreigners: Foreigners who reside or resided in Vietnam should contact the Vietnamese Department of Immigration in the district in which they currently reside/formerly resided to request the “Justice Record Check.”
Military Records
Unavailable.
Household Registries
Every person residing in Vietnam must be listed on a household registry (Ho Khau), maintained by the Public Security Bureau.
Copies of old registries are sometimes available. Mention of a spouse or child in a registry does not prove legal marriage or blood relationship. Cohabitants and foster children can appear as spouses and children.
Passport and Other Travel Documents
The following are considered to meet the requirements of INA 101(a)(30).
- A Socialist Republic of Vietnam (SRV) passport (ho chieu, or giay ho chieu). SRV regulations effective November 26, 1997, abolished exit and entry permits in Vietnamese passports.
- A laissez-passer (giay thong hanh or giay xuat canh) permitting only exit from Vietnam.
Passports are generally valid for five years and are made of blue plastic-laminated paper with gilt print on the cover. Official passports are dark green, while diplomatic passports are maroon. The bearer’s photo is on an inside page, with a dry impression seal and sometimes a clear plastic laminate over the photo. The issuance page shows the name stamp and “stamp of office” of one of several issuing authorities.
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