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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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I am a US citizen who just married a Vietnamese citizen. I

Customer Question

Hello, I am a US citizen who just married a Vietnamese citizen. I would like to get a tourist visa for her so we can go back during Christmas for a month or so then return to Vietnam. I have read conflicting stories of some who say it is extremely difficult to get a tourist visa when you're married to a US citizen and others who have said its the exact opposite. Can you give me some guidance on what we should do? Is it possible to show that I would support her during our visit? And what would I need to do that?
JA: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Is there anything else the Immigration Lawyer should be aware of?
Customer: We filled out an application for a tourist visa before we were married but never made an appointment with the consulate. Will this affect us?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Expert James replied 6 months ago.
Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a conversation. I will ask you questions until I have the information I need, and then I will provide you with an answer. While it might take some time to get through this, we will get through it together.ANSWER: The issue really comes down to her ties to Vietnam. The consular officers are instructed to presume a person has immigrant intent with the United States, unless proven otherwise. So each applicant for a visitor visa is burdened with the task of proving that their intentions are to leave the US prior to their expiration of stay. When a person is married to a US citizen, that is a very strong tie to the US - probably the strongest. Moreover, technically a US visitor married to a US citizen can apply for adjustment of status to permanent resident, and the consular officials are keenly aware that many people come as visitors and do so, to get around the longer wait times associated with doing the marriage based immigration process te right way, from abroadSo while it is possible for her to get a visitor visa, it might be quite hard. Your collective goal is to show she has very strong ties to Vietnam, including that you live and work there. This helps to lessen the weight of risk that she'll use the visitor visa to get to the US and apply for a green card (since you don't actually live there).Incidentally, ties to her home country include dependent family members, a job, enrolled in school, ties to community, property, etc. There is no list of required things to show, so anything will be considered as part of a whole set of evidence.I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.And if you want to talk on the phone for 30 minutes, I can send you an offer for that.Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.A BONUS is also appreciated, if you feel I've earned it.And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.Thank you!
Expert:  Expert James replied 6 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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