Need some advice, PLEASE!

[Rob & Rachel 24]

Sorry for the wall of text, but this is a crazy and complex situation, and I don’t think there is any shorter method of explaining it.

I applied for my K1 visa for my fiance back in october of last year... and then the long wait, and the delays.... The desperation started to set in....Looking for a way to be together sooner....

I thought, instead of her coming here, what if I could go there? It was a silly idea, it’s really hard to get a work permit for china, but I thought, “Why not? I can’t do anything else but wait.”

So I applied for one job, with the expectation that it was a long shot, most companies won’t do Z visas, and with my age, and skills, it didn’t seem likely. Then the first interview...Then the second... and now I’m expecting an offer...

And then then they started moving stuff along at the CSC... And an approval could come soon...

So, do I take the job, or not?

But Wait! There’s more:

This job is a great opportunity, career-wise. The pay doesn’t compare to the US, but It’s good for China. Plus it would give me the opportunity to live there, see another country, etc... an opportunity that would probably never come again. And I’d probably need to go soon...

Although we still want to come back to the US later, and get married in the US, so she can take my name.

We’ve spent hours discussing the options, and here’s what we’ve come up with:

1. Don’t take the job and wait (not the best option)

2. Take the job and do a CR-1 later, when we are ready to return:

- wait for the K1, use the visa to come to the US and get married, then return to china.

But if we do this, could it jeopardize the CR1 later?

Also, can the K1 be approved if I’m out of the country?

- Cancel the K1, and come on a tourist visa later to get married (this is kind of a pain in china)

The CR 1 option is attractive, because I could file it at the consulate, which would be a lot faster, and we could leave together, the only concern there would be establishing domicile if I’m there for a long time.

Really not sure what to do at this point... Too many things happening at once.

If there are any other ideas, I’m happy to hear those as well!

[canadian_wife 1,808]

Quick questions, why must you marry in the US? If you want to move to China, why not just marry in China instead?

Good luck

[Pitaya 2,577]

Quick questions, why must you marry in the US? If you want to move to China, why not just marry in China instead?

Good luck

[LucidSofia 59]

Quick questions, why must you marry in the US? If you want to move to China, why not just marry in China instead?

Good luck

My thoughts exactly. You are over complicating this sitation with your desire to get married in the U.S. You say "Although we still want to come back to the US later, and get married in the US, so she can take my name." .. I´m pretty sure she can take your name no matter where you get married. I don´t know how it works in china, maybe they don´t recognize the name change, but when you move to the U.S you can have her name changed there.

[Rob & Rachel 24]

Well, marriage in US is non-negotiable. and No, they don't do the name change there.

[bigdog 376]

:dance:Big party in China on the horizon?

[Rob & Rachel 24]

Big party in China on the horizon?

China, and the US Why have only one?

[Lynkali 163]

I'm not sure I understand your reasons for needing to be married in the USA, since your marriage in China will still be recognized in the USA later and you can do a name change at any time once you return to the USA. But ok, you say it's necessary to marry in the USA.

Then you CANNOT do this:

- wait for the K1, use the visa to come to the US and get married, then return to china.

But if we do this, could it jeopardize the CR1 later?

Also, can the K1 be approved if I’m out of the country?

Without abandoning the beneficiary's K1 status and AOS -- fiance needs to remain in the USA after marriage until at least the Advanced Parole comes through (3-4 months). In addition the fiance needs to maintain residency in the USA for the permanent green card down the road -- visits to China would be fine, but moving back for more than six months-a year throws the whole thing out the window.

I suppose you could marry in the USA after the K1, then leave entirely and drop the whole process abandoning any AOS at all -- and start ALL OVER AGAIN by filing a CR1 ... but that seems like needless wait and horrendous fees and paperwork when you can get married ANYWHERE YOU WANT.

Your K1 can be approved while you're VISITING out of the country, but not residing. You will need a US mailing address at the very least and ways to get any mail that is sent to you. Beyond that, once you're to the embassy stage, it doesn't matter where the US citizen is, the visa is given to the fiance in China.

Sorry if everyone here is telling you the same thing ... it's just that we can't understand the need for a USA wedding when it is far simpler to do it elsewhere.

[Rob & Rachel 24]

I'm not sure I understand your reasons for needing to be married in the USA, since your marriage in China will still be recognized in the USA later and you can do a name change at any time once you return to the USA. But ok, you say it's necessary to marry in the USA.

Then you CANNOT do this:

Without abandoning the beneficiary's K1 status and AOS -- fiance needs to remain in the USA after marriage until at least the Advanced Parole comes through (3-4 months). In addition the fiance needs to maintain residency in the USA for the permanent green card down the road -- visits to China would be fine, but moving back for more than six months-a year throws the whole thing out the window.

I suppose you could marry in the USA after the K1, then leave entirely and drop the whole process abandoning any AOS at all -- and start ALL OVER AGAIN by filing a CR1 ... but that seems like needless wait and horrendous fees and paperwork when you can get married ANYWHERE YOU WANT.

Your K1 can be approved while you're VISITING out of the country, but not residing. You will need a US mailing address at the very least and ways to get any mail that is sent to you. Beyond that, once you're to the embassy stage, it doesn't matter where the US citizen is, the visa is given to the fiance in China.

Sorry if everyone here is telling you the same thing ... it's just that we can't understand the need for a USA wedding when it is far simpler to do it elsewhere.

Thanks Lynkali,

I suppose I need to explain my reasoning more, as it's causing some confusion. First of all, if we went the route with the K1, we would only use it as far as going to the US, get married, and return to China, simply because it's easier than getting her a travel visa.

Also, the cost wouldn't be that much different than what we would already spend. A CR-1 is around ~$1000, and so is the AOS, so I'd have to spend the same money either way.

Lastly, marriage in the US is purely emotional reasons that go back to the beginning of the relationship. Not getting married in the US would be like asking the bride not to have a ring. If I'm willing to do the extra expense to have the wedding here, then there is a big reason why I want to do it that way.

So my questions are more about the best way to do it, given the possibilities I've outlined.

Thanks!

[Darnell 8,478]

Folk do come in on the K-1, get married,

then the couple move back to the other country,

live together for years,

then file for IR-1 visa when the USCitizen Spouse is ready to move back to USA.

Is done often, no big deal.

[Rob & Rachel 24]

Folk do come in on the K-1, get married,

then the couple move back to the other country,

live together for years,

then file for IR-1 visa when the USCitizen Spouse is ready to move back to USA.

Is done often, no big deal.

That's Really helpful to know!

Though, Can I complete the process if I'm already there before her interview?

Thanks!

Edited April 24, 2013 by Rob & Rachel

[Darnell 8,478]

what process? pardon - be specific ?

[Rob & Rachel 24]

what process? pardon - be specific ?

Well, assuming I get NOA2 fairly soon, I could already be in China and have a residence card. Could she still get approval at the K1 interview if I'm now residing in China?

Thanks!

Edited April 24, 2013 by Rob & Rachel

[Darnell 8,478]

there are many factors governing K-1 visa approval in Guangzhou.

One of them is the I-134.

I suggest you study that form, have a think about it.

[Rob & Rachel 24]

there are many factors governing K-1 visa approval in Guangzhou.

One of them is the I-134.

I suggest you study that form, have a think about it.

Yes, and that's where I'm concerned where I would no longer have domicile, since I would be in China by then. I wonder if explaining the situation to the consulate, would be enough.