Ok, I will try to explain my reasoning for marrying in the USA vs. VN.听 The main reason was to make it easier for my wife and our kids in the future when I die.听 Here are the reasons:
1. I was not living in VN and we decided to live in the USA.听 Thus, I did not want to spend months and coffee money and jump through hoops to get married in VN.听 Then wait even longer for a visa.
2. Getting Married in the USA was so much easier and faster.听 Getting the K-1 was faster as well (6 months from date of application to getting the visa stamped in her passport).
3. We arrived in the USA and I went to the courthouse and got the marriage license.听 It took all of about 10 minutes $25. Made an appointment with Justice of the Peace, any day we wanted and voila, 10 minutes later, we were legally married in the USA.听 Yes, it was that easy.听 听We already had our engagement and marriage parties in VN with the family, friends etc. we just needed the legal marriage.
4. Getting a green card for a spouse living in the USA, in my opinion, is easier than if you reside outside the USA.听 The law states that if a green card holder does not reside in the USA, USCIS has the legal right to withdraw the green card.听 Not sure how often this occurs, but it is a risk that if your spouse is not living in the USA, the green card could be a challenge.
5. My wife has a social security card issued here in the USA and easy to obtain.听 Just go to the SS office and voila, she gets it.
6. Our children are born U.S. citizens and nothing has to be done.听 No embassy, no red tape, no dna test, etc.听 They have all the rights of a US citizen at birth and can travel around the world without many issues.听 Even the hospital takes care of the social security card and it arrives in the mail a few weeks after birth.
7. Our children will be fluent in English and VN.
8. Education, no need to explain
9. Retirement, this is one of the main reasons why I wanted to get married in the USA.听 I want my wife and kids to have a smooth transition after my death.听 I just imagined that if we lived in VN and I died in VN, without living in the USA etc., I could see my wife having a difficult time trying to get what she is entitled to in the USA, her living in VN and never living in the USA.听 My estate contains various assets from real estate, to stocks, mutual funds, retirement accounts, pensions, social security etc. as well as other family members that could challenge the distribution of my estate.
So think about it, a VN woman who has never lived in the USA, has no understanding of how to get what she is entitled to and has no U.S. records, except maybe a social security number.听 So where does she begin?听 I doubt the embassy is going to help, right?听 Let's take the easy one, social security.听 She is entitled to my SS, but she is going to have to talk to the people in Manila?听 听I have read the horror stories and I can imagine they are going to want the VN marriage license, translated etc.听 But if she has a U.S. marriage license, it is readily available online, in English and no questions and no doubt we are legally married.听 I am also taking a guess here, but if she has a U.S. marriage license and social security number, she might even be able to just apply online.
let's talk about Pensions.听 Now she is in VN and the company running the pension is a U.S. company.听 She needs to know who to contact, which I give her of course.听 But we were not married at the time my pension was awarded so the company does not know she exists.听 So she calls up and say she is my wife.听 Again, VN marriage license would probably have to be translated and apostilled etc.听 听But a U.S. marriage license, piece of cake and nobody is going to question its validity.听 However, one way that may avoid the red tape is designating her as the spouse and beneficiary before I die.听 IF she is still living in VN, how is she going to get paid?听 Of course setting up a U.S. bank account for her is the easy option and is done while living in the USA.
Stocks/Mutual Funds - pretty much the same as the pension comments above.听 However, we added her as a joint tenant and being in the USA, it was a piece of cake and took all of about 10 minutes.听 IF we never lived in the USA, not sure how long and difficult this process could have taken because the brokerage firm would not add her without a social security number.听 Granted, we could have setup a foreign account for her, but that would be her own separate account.
Retirement Assets IRA/401k etc. - similar to the comments above.听 Just imagine a VN woman calling from VN to the USA and requesting that she is entitled to these assets.听 Most likely the company is going to ask for a marriage license etc.听 However, one can make it easier for your spouse by designating her as a beneficiary, but I am sure the company is going to ask for proof if she is living in VN and no U.S. bank account etc.听
Real estate - this is probably the difficult one.听 How is she going to handle the sale or continuation of ownership of real estate assets in the USA from VN?听 Especially when all of the real estate was purchased and owned without her and prior to the marriage?听 At least while living here in the USA, she knows the properties, how they are managed, she knows the people that manages them and how to contact them.听 In addition, there are other interested parties that for sure are going to have their say in the distribution.听 I just could not imagine her being in VN and with no experience and knowledge about these assets.听
So for us, it was the right thing to do to get married in the USA for many reasons, but the main reason was to make sure that she would not have problems when i am no longer here.听 I wanted to make it easy as possible for her.听 In addition, she can keep the assets here in the USA and move back to VN without issue.听 One thing I have stressed to her, do not move any assets to VN and she agreed of course, she is a smart woman.
I hope these comments help explain my reasoning.听 I am not being overly cautious, just trying to make things easier for her and the kids.
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