Are they going to let me marry my Taiwanese girlfriend?

[rmaguir 0]

I've been reading through the posts here, and asking questions on other forums, and I still really don't understand where to start.

My girlfriend and I met in France four years ago, and we've been together ever since. We've been living in Taiwan now for about two years. Next year, I intend to start grad school in the US, and we've decided to tie the knot. One of the main reasons we were waiting is because, even after having been together for three years, most of my family and friends hadn't even met my girlfriend. But, we recently spent four months in the US, and everybody adores her. Mission accomplished, on to phase two.

My first concern is this: MONEY. We have very little of it. We're both students, more or less, though we've had several different jobs over the last several years. Nothing that makes much money, compared to how much we spend on our studies at least. Is this going to be an issue? Say I only have $3000 in my bank account and no job (intentions to go to school) when I apply for whichever (see next question) visa I'm supposed to apply for. Are they going to tell me that I can't bring her to the US with me?

Which visa should I be applying for? OR Would it be easier if we got married in Taiwan first? This, I guess, is to say, should we be applying for a fiance visa or a spousal visa?

TAXES: I saw that some people mentioned I should file three years of tax returns. I've only filed taxes once. Is this going to be a problem?

How long should I expect this to take? We're planning on going back to the US, probably, around next May.

....what else?

Any other advise as two how we can get the ball rolling, feel free to fill me in. I'm totally in the dark. I know plenty of Americans here who've married Taiwanese, but they've stayed in Taiwan, so they haven't dealt with all this mess.

God. I hate applying for regular visas, but this is looking like it's going to be the mother of all frustrating application processes!

[Todd-Leah 0]

I've been reading through the posts here, and asking questions on other forums, and I still really don't understand where to start.

My girlfriend and I met in France four years ago, and we've been together ever since. We've been living in Taiwan now for about two years. Next year, I intend to start grad school in the US, and we've decided to tie the knot. One of the main reasons we were waiting is because, even after having been together for three years, most of my family and friends hadn't even met my girlfriend. But, we recently spent four months in the US, and everybody adores her. Mission accomplished, on to phase two.

My first concern is this: MONEY. We have very little of it. We're both students, more or less, though we've had several different jobs over the last several years. Nothing that makes much money, compared to how much we spend on our studies at least. Is this going to be an issue? Say I only have $3000 in my bank account and no job (intentions to go to school) when I apply for whichever (see next question) visa I'm supposed to apply for. Are they going to tell me that I can't bring her to the US with me?

Which visa should I be applying for? OR Would it be easier if we got married in Taiwan first? This, I guess, is to say, should we be applying for a fiance visa or a spousal visa?

TAXES: I saw that some people mentioned I should file three years of tax returns. I've only filed taxes once. Is this going to be a problem?

How long should I expect this to take? We're planning on going back to the US, probably, around next May.

....what else?

Any other advise as two how we can get the ball rolling, feel free to fill me in. I'm totally in the dark. I know plenty of Americans here who've married Taiwanese, but they've stayed in Taiwan, so they haven't dealt with all this mess.

God. I hate applying for regular visas, but this is looking like it's going to be the mother of all frustrating application processes!

First, what is your status in Taiwan? Working? Student? That determines whether you are qualified to file directly with the US consulate in Taiwan. (http://www.ait.org.tw/en/visa/iv/IV_info.asp)

You need to be married and filed CR1 if you want to do a direct consulate filing.

I would advise you to explore that option and avoid filing with USCIS service centers in the US at all cost . It will save you a lot of headache and heartache in the long run.

You can get a co-sponsor, financial requirement for the visa usually is not a big problem, you can get your parents or family members to be co-sponsors.

HTH

Leah

[pushbrk 13,076]

I've been reading through the posts here, and asking questions on other forums, and I still really don't understand where to start.

My girlfriend and I met in France four years ago, and we've been together ever since. We've been living in Taiwan now for about two years. Next year, I intend to start grad school in the US, and we've decided to tie the knot. One of the main reasons we were waiting is because, even after having been together for three years, most of my family and friends hadn't even met my girlfriend. But, we recently spent four months in the US, and everybody adores her. Mission accomplished, on to phase two.

My first concern is this: MONEY. We have very little of it. We're both students, more or less, though we've had several different jobs over the last several years. Nothing that makes much money, compared to how much we spend on our studies at least. Is this going to be an issue? Say I only have $3000 in my bank account and no job (intentions to go to school) when I apply for whichever (see next question) visa I'm supposed to apply for. Are they going to tell me that I can't bring her to the US with me?

Which visa should I be applying for? OR Would it be easier if we got married in Taiwan first? This, I guess, is to say, should we be applying for a fiance visa or a spousal visa?

TAXES: I saw that some people mentioned I should file three years of tax returns. I've only filed taxes once. Is this going to be a problem?

How long should I expect this to take? We're planning on going back to the US, probably, around next May.

....what else?

Any other advise as two how we can get the ball rolling, feel free to fill me in. I'm totally in the dark. I know plenty of Americans here who've married Taiwanese, but they've stayed in Taiwan, so they haven't dealt with all this mess.

God. I hate applying for regular visas, but this is looking like it's going to be the mother of all frustrating application processes!

First, what is your status in Taiwan? Working? Student? That determines whether you are qualified to file directly with the US consulate in Taiwan. (http://www.ait.org.tw/en/visa/iv/IV_info.asp)

You need to be married and filed CR1 if you want to do a direct consulate filing.

I would advise you to explore that option and avoid filing with USCIS service centers in the US at all cost . It will save you a lot of headache and heartache in the long run.

You can get a co-sponsor, financial requirement for the visa usually is not a big problem, you can get your parents or family members to be co-sponsors.

HTH

Leah

I agree. Co-sponsor solves the financial problem and is quite common for college students. Check out whether you qualify for a Direct Consular Filing. If you do or will soon, marrying soon and filing DCF will be your most reliable and efficient method.

You start by learning more through reading the guides and clarifying questions in the forums.

[rmaguir 0]

First, what is your status in Taiwan? Working? Student? That determines whether you are qualified to file directly with the US consulate in Taiwan. (http://www.ait.org.tw/en/visa/iv/IV_info.asp)

You need to be married and filed CR1 if you want to do a direct consulate filing.

I would advise you to explore that option and avoid filing with USCIS service centers in the US at all cost . It will save you a lot of headache and heartache in the long run.

You can get a co-sponsor, financial requirement for the visa usually is not a big problem, you can get your parents or family members to be co-sponsors.

HTH

Leah

Sorry for the late reply, things have been quite hectic for the last couple of days, as we're still searching for jobs.

Right now, I'm a student. I'll likely be getting my work ARC soon. If it's worth anything, I was in Taiwan for fifteen months before coming back in May after four months in the US. I don't know if that changes anything.

I'll look into the direct consulate filing. How long should we do that before going back to the US?

[rmaguir 0]

You start by learning more through reading the guides and clarifying questions in the forums.

I used my best forum etiquette, searching all of the guides and forums before posting this. The problem was that I just plain didn't understand what people were saying or where my situation fit with those of others.

[trinket 30]

I think thats common that you couldn't understand at first, we all go through the same, all the Acronyms, you can start looking through this link for acronyms and definations.

As per DCF, since you are trying to search for a work in Taiwan, so I assume you do have a residential visa there, or any other visa other than tourist visa.

You might want to email Taiwanis embassy and sort out your 4 months away from Taiwan question. Usually you have to be living in any given country for at least 6 months prior to filling DCF (direct consulate filing) in that specific country, but I know for sure in India that is 3 months, so its better to look through US consulate/embassy in Taiwan for the requirement.

[AandLKC 1]

If your are a U.S citizen and married a foreign National ... you can stay in the foreign country for 3-6 months and file for DCF ....( direct Consular Filing) ..the fastest way to bring your spouse to U.S.... i have a friend you got married in march and his spouse should be here soon ..... a co-sponsor can solve the financial issue in U.S .... being a student is a good thing .... man if i can get off form work for three months .. my wife will already be here

[pushbrk 13,076]

I think thats common that you couldn't understand at first, we all go through the same, all the Acronyms, you can start looking through this link for acronyms and definations.

As per DCF, since you are trying to search for a work in Taiwan, so I assume you do have a residential visa there, or any other visa other than tourist visa.

You might want to email Taiwanis embassy and sort out your 4 months away from Taiwan question. Usually you have to be living in any given country for at least 6 months prior to filling DCF (direct consulate filing) in that specific country, but I know for sure in India that is 3 months, so its better to look through US consulate/embassy in Taiwan for the requirement.

I was suggesting "start" as in from this moment forward and "more" as in more than now.

There is no "Taiwanis Embassy" (and if there were that wouldn't be the place to go) and no US Embassy in Taiwan. The equivalent in Taiwan is the "American Institute" but it provides Consular services. You'll want to check with them about DCF residency requirments. There may be an issue as a result of you leaving Taiwan and then returning but they'll be able to clear that up for you.

[rmaguir 0]

So, things have been changing here, and my girlfriend and I have decided to get married and go back to the states before Christmas.

....that's until I went to AIT today and learned that I am not, in fact, eligible for direct consular filing. She said that despite the fact that I've lived in Taiwan for over a year and a half over the last two years, the fact that I left and came back two months ago makes me ineligible for DCF. She said that up until recently, this would have been a problem, but, much to my elation, they've changed the policy and I can no longer use DCF.

So, I'm trying to figure out what my options are now.

My first question is this: do I absolutely have to return to the US to file with USCIS? Is it at all possible for my parents to file for me, explaining that I'm a student in Taiwan?

Finally, if that doesn't work, what would happen if she got a student or work visa before heading back to the US and we got married during the time that she's there? I'm sure the gov't doesn't let you get away with that very easily, but I'm wondering how strenuous the process becomes when done that way. Would she still have to leave and come back? I'm very hesitant about using this method, I'm just curious how bad the consequences are if we take this route.

The only thing I've found so far suggests that the aforementioned would be possible: http://answers.yahoo.com/question/index?qi...06104118AAaKIPH

If, in the end, we decide we absolutely must do this legitimately and I leave Taiwan in mid-November (when my studies are over here), how long would it be before she could be with me in the US? I've heard people saying to avoid USCIS at all costs, but I haven't seen exactly how long it takes.

[kaffy 2]

....that's until I went to AIT today and learned that I am not, in fact, eligible for direct consular filing. She said that despite the fact that I've lived in Taiwan for over a year and a half over the last two years, the fact that I left and came back two months ago makes me ineligible for DCF. She said that up until recently, this would have been a problem, but, much to my elation, they've changed the policy and I can no longer use DCF.

Did they say what the residency requirement for DCF is? If it's 6 months like it is in Sydney, you could always wait until November to file?

[Gemmie 142]

My first question is this: do I absolutely have to return to the US to file with USCIS? Is it at all possible for my parents to file for me, explaining that I'm a student in Taiwan?

I'm pretty sure that you have to be in the US at the time of filing. There are a lot of documents needed, plus you will need to sign forms and such.Your parents can't do that for you.

Finally, if that doesn't work, what would happen if she got a student or work visa before heading back to the US and we got married during the time that she's there?

This is considered fraud as you both intended to get married before she came to the US; you see, she's claiming to come over as a student but in reality, she would be a fiancee and being married, that's the fraud part.

I would say it would be best to return to the US for school and apply for the K1 visa. She can still come and visit you during the process if she has evidence of ties to her country. It does mean seperation and time, but it's the same boat as all of us.

Someone might know another way on here, though.

[Todd-Leah 0]

So, things have been changing here, and my girlfriend and I have decided to get married and go back to the states before Christmas.

....that's until I went to AIT today and learned that I am not, in fact, eligible for direct consular filing. She said that despite the fact that I've lived in Taiwan for over a year and a half over the last two years, the fact that I left and came back two months ago makes me ineligible for DCF. She said that up until recently, this would have been a problem, but, much to my elation, they've changed the policy and I can no longer use DCF.

So, I'm trying to figure out what my options are now.

My first question is this: do I absolutely have to return to the US to file with USCIS? Is it at all possible for my parents to file for me, explaining that I'm a student in Taiwan?

Finally, if that doesn't work, what would happen if she got a student or work visa before heading back to the US and we got married during the time that she's there? I'm sure the gov't doesn't let you get away with that very easily, but I'm wondering how strenuous the process becomes when done that way. Would she still have to leave and come back? I'm very hesitant about using this method, I'm just curious how bad the consequences are if we take this route.

The only thing I've found so far suggests that the aforementioned would be possible: http://answers.yahoo.com/question/index?qi...06104118AAaKIPH

If, in the end, we decide we absolutely must do this legitimately and I leave Taiwan in mid-November (when my studies are over here), how long would it be before she could be with me in the US? I've heard people saying to avoid USCIS at all costs, but I haven't seen exactly how long it takes.

You MAY qualify to file DCF by November/December if the residency requirement is 6 months. Again, you need to check with the consular office whether that will be possible.

You can fill up the paperwork and submit in person before you leave, you don't have to stay behind nor present for the subsequent process. Your wife can join you later. DCF is the fastest route, so the shortest separation for you and your wife. You can find out from the consular office roughly how long DCF in Taiwan will take.

Keep in mind, filing with USCIS service center is taking 9-12 months if you are lucky, if you are unlucky like some people here who have waited for years. So, if staying a month or two longer in Taiwan will qualify you for DCF is still worth it, IMHO.

Leah

[kaffy 2]

Just read this on the AIT's website:

To file an immediate relative immigrant visa petition at AIT, U.S. citizen petitioners must be able to demonstrate that they have permission to reside in Taiwan, and have been doing so continuously for at least six months before filing the petition. Individuals who are in Taiwan on a temporary status, such as tourists or students, would not be considered to meet the residency standard.

Which means you could wait until November to file the I-130 to do DCF depending on what your visa status in Taiwan is.

Edited July 30, 2008 by kaffy

[rmaguir 0]

As for the length of stay before I can use DCF, it is indeed six months.

So, if I arrived on May 29, I assume I can do DCF on November 29. Some questions:

Does this mean we have to be married before Nov. 29th, or can we also use DCF if we're going to actually say our vows in the US? (this is the plan, because her parents only care about the big family dinner, and my parents will likely want us to have the ceremony itself in the US).

Once we start the DCF process in November, how long will it take? I assume it won't be less than a month, allowing us to get home for Christmas.

Finally, I know I'm not going to get much sympathy on this forum if we have to spend time apart. I realize a lot of you have probably had to deal with it. Yet, we already spent a year on different continents, and I want to avoid that at all costs.

[rmaguir 0]

To file an immediate relative immigrant visa petition at AIT, U.S. citizen petitioners must be able to demonstrate that they have permission to reside in Taiwan, and have been doing so continuously for at least six months before filing the petition. Individuals who are in Taiwan on a temporary status, such as tourists or students, would not be considered to meet the residency standard.

Soooooo...wait. If I'm a student for three months, then I get a job for the next three months, does that count towards the six months? That whole mention of student status not being considered is confusing.