Hi there I have been dating my USC for nearly one year now, just got back from NYC yesterday and we've decided we want to spend the rest of our lives together. He wants me to be his wife and for me to join him over in the US. I have been doing a little reading and research on line and kind of understand the process. I have a few questions which are of concern though.

He has to fill in form I-129to start of the petition of the visa process, which seems straighforward, but he is in the process of a divorced and at the moment all papers have been signed by both parties and we need to wait for the judge to sign off on that (which has been scheduled for today) before doing anything but how soon can he remarry once he is divorced?

Another thing at the moment is my birth certificate. I was born in Vietnam butcame to the UK when I was only 2 years old, I am a UKC but I only have my neutralisation certificate and my UK passport, I dont have a birth certificate and as I was born in a little village in North Vietnam there is no records kept. Does anyone know what I can do and if this will hinder my chances of being with my USC.

Actually it's form I-129F, it's important to make sure you use I-129F, as the I-129 is for something else completely. By filing the I-129F, it will eventually lead to your K-1 fiance(e) visa.

Well, once his divorce is final, he can marry the next day. But he can't file the I-129F until the divorce is final, and then he can't marry you until you come to the USA on your K-1 visa. So he'll have about 6 to 8 months of being single before he marries you.

This could be a problem. He doesn't need your birth certificate to file the I-129F, but you will need it by the time you go for your K-1 visa interview. You will need to start trying to obtain your birth certificate from Vietnam, and you will need to carefully document every step you take, and every negative response you get from the agencies you use, to prove that it's impossible to obtain.

Rene

http://travel.state.gov/visa/immigra...l#certificates

Further to fatbrit's link please read the following:

http://travel.state.gov/visa/frvi/re....html?cid=3705
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.

Thank you for all your replies.

I am getting so worried now, I just called my mum and she said all documents in our little village were destroyed during the war. I have no relatives in Vietnam and I do not even speak the language all to well. My mums family have all moved to China so shes doesnt know anyone either. Does this mean I have to take an expensive trip down to Haiphong in order to prove that I tried my best to obtain my birth certificate. I have been reading and searching on line and the best thing I can think of is to actually go and get it.

Even if you went, you wouldn't be resident.

I'd try the affidavit route first.

Yes I still need a letter from the VN official stating they have no records and why and then I can get my mother to sign an affidavit confirming my birth details but how do I get in touch with the VN goverment they wont help my at the embassy. Should I just send an a letter in english to the Haiphong office ?

Send a recorded delivery letter in English and Vietnamese (your mother can translate) requesting the birth certificate. It doesn't matter if they don't even reply -- it shows you've made a good faith effort to locate the document.

Get your mother to do an affidavit concerning your birth, and any other members of the family who were present at the birth and still living. Attach translations if required.

Thank you fatbrit, I will do that now and send it tomorrow.

OK so my mum has managed to find my brothers birth cert so I am going to use that and get a distant friends relative to acquire my records in Vietnam.

I would also like to ask about the photo requirement, I was reading it had to be 2"x2" but all UK passport boths photos are slightly smaller, is that a problem?

Yes. Your photos for submission with a US visa need to be US standards. You can either take the photos yourself and size them the way they need to be, or use a service that does US passport-type photos.

Rene

http://www.picturelizard.co.uk

You can take your own photos and they turn them into UK or US style passport photos, it's brilliant!

Ooh, I'm glad I read this thread - I had no idea such a service existed to get US passport photos done! Thanks for the link! Hopefully it won't end up being a last minute dash in London before my interview now, hehe.

I bit pricey .. £9.99 for 4 photos. I think I will just go to snappy snap.

How much are they there?