How Can a Florida Resident Bring a Spouse to the US From Vietnam?

Attorney Answer

Congratulations on your marriage. If you are a U.S. citizen and your husband is currently living abroad, the path to bring him to the United States is called consular processing, and it starts with a petition you file here rather than anything he files in Vietnam.

The first step is filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services, to establish that you have a valid marriage to a foreign national spouse. This is a federal process governed by immigration law, so it works the same way no matter which state you call home, though Florida is simply where your case will likely be tied for USCIS purposes.

Once USCIS approves the I-130, the case moves to the National Visa Center, which will have you pay fees, submit civil documents such as your marriage certificate and your husband's birth certificate and passport, complete the online DS-260 immigrant visa application, and file Form I-864, Affidavit of Support, showing you can financially support him. Your husband will also need a medical exam from an approved panel physician in Vietnam. Once the file is complete, the National Visa Center schedules the immigrant visa interview — and plan for travel, because it will not be in Hanoi. The State Department processes immigrant visas for Vietnam only at the Immigrant Visa Unit of the U.S. Consulate General in Ho Chi Minh City, roughly 1,100 km south of you. Factor that trip into your timing, and check which panel physicians the Consulate General accepts, since the medical exam is arranged around that post rather than around where you live.

One more wrinkle since you are living in Vietnam: the sponsor who signs Form I-864 must live in the United States or show concrete plans to move back by the time your husband arrives. Be ready to show evidence such as a U.S. job, housing arrangements, or other steps you are taking to reestablish your home in the United States.

Because you have been married less than two years, if he is admitted to the United States before your second wedding anniversary, he will receive a two year conditional green card rather than a permanent one, under Immigration and Nationality Act section 216. You will both need to jointly file Form I-751 to remove those conditions in the 90 days before that conditional card expires.

Practical next steps 1. Gather your marriage certificate, both passports, and proof of your relationship history together. 2. File Form I-130 with USCIS as soon as you can, since this step alone often takes many months. 3. Respond quickly to any National Visa Center requests once the case transfers, since delays there slow everything down. 4. Keep evidence of your ongoing relationship, since you will need it again for the I-751 later.

Processing times vary and change over time, so track your case status directly through the USCIS and State Department websites.

This is general legal information, not legal advice. A local immigration attorney can review your specific situation and help you avoid delays.