Are they going to let me marry my Taiwanese girlfriend?

[kaffy 2]

You have to be married first before filing the I-130. You could always do your paper wedding in Taiwan, then have your actual wedding ceremony after you arrive in the States- this is what my husband and I did when we applied for his Aussie spousal visa last year (paper wedding in February, lodge visa application in March then actual wedding in July)

Not sure what the processing time for DCF in Taiwan is but for Australia it's 2-3 months and other countries that I've read about on Visajourney seem to be the same.

Just wondering, what is your visa status in Taiwan? Because the info I posted above says that those on student visas are ineligible for DCF

Edited July 30, 2008 by kaffy

[kaffy 2]

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.

Um.. I'm not sure. Might be a question for the AIT unless someone else here knows the answer.

If you do find out that you are eligible for DCF then it's a good idea to start preparing your documents now (tax return copies, police certificates, etc). The more organized you are the quicker the process will be.

[Todd-Leah 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:

It looks like that. But, always confirm with the consulate.:-)

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).

You can do a civil registration in Taiwan and church wedding in US, you need the marriage certificate to file DCF.

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.

Every country is different i.e. it takes 4-8 weeks in Malaysia, you need to find out from your consulate.

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.

We have spent more time apart than together in the last 3 years that we are married! We regretted we didn't do DCF before my husband left for US. Then again, it was not THE plan to move back to US yet when he left, circumstances changed.

Leah

Edited July 30, 2008 by Todd-Leah

[rmaguir 0]

Just wondering, what is your visa status in Taiwan? Because the info I posted above says that those on student visas are ineligible for DCF

Yeah, looks like we're posting at the same time. I've already mentioned it, but I'll say it again.

I'm a student now, but I'll be getting a work ARC soon, which means that by the time that I do the DCF, I'll have been in Taiwan for six months, but I'll have had an ARC for about three. Does that count?

[Todd-Leah 0]

Just wondering, what is your visa status in Taiwan? Because the info I posted above says that those on student visas are ineligible for DCF

Yeah, looks like we're posting at the same time. I've already mentioned it, but I'll say it again.

I'm a student now, but I'll be getting a work ARC soon, which means that by the time that I do the DCF, I'll have been in Taiwan for six months, but I'll have had an ARC for about three. Does that count?

Just curious, will you be able to get a work ARC right away? As I understand that work authorization in Taiwan may take a couple of months to process.

Leah

[rmaguir 0]

Just curious, will you be able to get a work ARC right away? As I understand that work authorization in Taiwan may take a couple of months to process.

Leah

If I remember correctly, it should take about a month. I start tomorrow, by getting the medical exam. That would mean that I'll have had my ARC for about 3 months when we start DCF.

[sheraz 0]

I know people like the DCF. If you simply get married today, fill out the I29 F and the g235 forms and mail those in, your looking at your spouse coming in on K3 visa by next march. If you DCF in november, your wife coming on CR1, your looking at may time frame

The difference btw K3 and CR1 will be that your spouse has to still adjust status in US with K3 but with CR1 she is already done with the process.

You dont really have to be in the US to file. You can file and then go back to Taiwan.

The process is not complicated

[kaffy 2]

Just wondering, what is your visa status in Taiwan? Because the info I posted above says that those on student visas are ineligible for DCF

Yeah, looks like we're posting at the same time. I've already mentioned it, but I'll say it again.

I'm a student now, but I'll be getting a work ARC soon, which means that by the time that I do the DCF, I'll have been in Taiwan for six months, but I'll have had an ARC for about three. Does that count?

I think you need to find out directly from the AIT whether they will accept this as residency. You don't want to wait until November, file and then realise that they won't accept it and you are back to square one.

If you DCF in november, your wife coming on CR1, your looking at may time frame

I don't think DCF takes as long as 6 months..

Edited July 30, 2008 by kaffy

[cmnb 0]

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.

i agree 100000%...do not do this...do not bring her in as a student or a visitor visa with the intension of getting married here and adjusting status....there are strict rules and provisions against this and is considered visa fraud....consequence #1: permanent denial of entry to the US. i am sure u dont want that headache in your life.

i think the best option for you is to file for K-1 visa. some people also have the civil wedding in a foreign country and then do the traditional wedding later on....which is ok as long as you can prove that u have an ongoing marital relationship and that you consumated ur marriage.

[rmaguir 0]

Just out of curiosity, is it simply an issue with Taiwan that I would have to return to the US to file I-129 papers? Is it possible for me to go to another "real" Embassy/Consulate (instead of the de facto one we have here) in the region to file the necessary papers for an I-129, instead of waiting for my time to get started on a DCF process? Or would that still take longer than waiting until the end of November to file?

[rmaguir 0]

Just out of curiosity, is it simply an issue with Taiwan that I would have to return to the US to file I-129 papers? Is it possible for me to go to another "real" Embassy/Consulate (instead of the de facto one we have here) in the region to file the necessary papers for an I-129, instead of waiting for my time to get started on a DCF process? Or would that still take longer than waiting until the end of November to file?

That's to say that I just saw that USCIS, if I understood correctly, has an office in Hong Kong, which would be a lot more convenient than heading back to South Carolina, pretty much the farthest possible place I could live in the US from where I am right now.

[Todd-Leah 0]

Just out of curiosity, is it simply an issue with Taiwan that I would have to return to the US to file I-129 papers? Is it possible for me to go to another "real" Embassy/Consulate (instead of the de facto one we have here) in the region to file the necessary papers for an I-129, instead of waiting for my time to get started on a DCF process? Or would that still take longer than waiting until the end of November to file?

You can file I-129F with USCIS service center from where you are, so long you maintain US domicile.

Or you can have the I-129F mail l to a family member, have her mail the package to the Chicago lockbox address.

Leah

[Todd-Leah 0]

These are the options you have:-

Unmarried

- you file I-129F petition with the USCIS service center, Vermont or California, depends on where's your residence in US.

- The I-129F petition results in a K1 visa for your fiancee to enter US with the intention to marry you within 3 months.

-She then has to adjust status to get work authorization and green card.

Married

- you can file I-130 petition with the ATI (if you qualify) which is DCF. That will get your wife a CR1 to enter US. She will receive the green card in the mail a few weeks after the visa being activated. She can apply SSN, driver license and can work immediately.

-if you do not qualify for DCF, you file I-130 with USCIS service center.

-you have a choice of filing I-129F after you receive the notice of action for I-130.

- Filing I-130 alone gets her on a CR1 path.

- Filing I-130 and I-129F gets her on a K3 path.

- K3 was started as a non immigrant visa for spouse who has a pending immigrant visa to shorten the separation period, but for many countries, K3 and CR1 do not vary much in time.

- With CR1, she gets green card, can work and SSN within a few weeks.

- With K3, need to file for work authorization and adjustment of status (AOS), she will get green card when AOS completed, which can take months. Choose K3 path carefully, it cost more, involve more paperwork and your spouse won't be able to start work immediately.

You do not need to be in the US to file any of this, but you need to maintain US domicile.

It's advisable to have a US address and a reliable person to receive correspondences from USCIS, so you can avoid delay and uncertainties of International mailing system.

Leah

[rmaguir 0]

Leah, I really appreciate you taking the time to write all of this out. I actually had to read it three or four times to grasp what it laid out.

I still have some questions, if you don't mind.

These are the options you have:-

Unmarried

- you file I-129F petition with the USCIS service center, Vermont or California, depends on where's your residence in US.

- The I-129F petition results in a K1 visa for your fiancee to enter US with the intention to marry you within 3 months.

-She then has to adjust status to get work authorization and green card.

So, for instance, if my parents' house is my permanent residence in the US, I can just mail all my stuff to Vermont, and they'll send all the resulting documents to my parents? Do you have any idea how long the above would take.

I should note here, that I talked to my parents today, and, contrary to what I mentioned before, they said that if we have to get married here first, then that's fine. They just want us to get back to the US as easily and quickly as possible.

Married

- you can file I-130 petition with the ATI (if you qualify) which is DCF. That will get your wife a CR1 to enter US. She will receive the green card in the mail a few weeks after the visa being activated. She can apply SSN, driver license and can work immediately.

You mention "a few weeks after the visa is activated." How long does it take for the visa to be activated?

-if you do not qualify for DCF, you file I-130 with USCIS service center.

-you have a choice of filing I-129F after you receive the notice of action for I-130.

- Filing I-130 alone gets her on a CR1 path.

- Filing I-130 and I-129F gets her on a K3 path.

- K3 was started as a non immigrant visa for spouse who has a pending immigrant visa to shorten the separation period, but for many countries, K3 and CR1 do not vary much in time.

- With CR1, she gets green card, can work and SSN within a few weeks.

- With K3, need to file for work authorization and adjustment of status (AOS), she will get green card when AOS completed, which can take months. Choose K3 path carefully, it cost more, involve more paperwork and your spouse won't be able to start work immediately.

You do not need to be in the US to file any of this, but you need to maintain US domicile.

It's advisable to have a US address and a reliable person to receive correspondences from USCIS, so you can avoid delay and uncertainties of International mailing system.

Leah

Leah (or anyone else), if you were me, which of the above paths would you take? Which one do you think would be best, taking both time and money into account? (putting just a little more weight on the "time" side)

I'm really looking for the fast way to get back and settled in the US, even if it costs a little more or if it means that my fiance can't work right away. If it costs an arm and a leg, though, we'll have to settle for a slower method.

[sheraz 0]

Leah, I really appreciate you taking the time to write all of this out. I actually had to read it three or four times to grasp what it laid out.

I still have some questions, if you don't mind.

These are the options you have:-

Unmarried

- you file I-129F petition with the USCIS service center, Vermont or California, depends on where's your residence in US.

- The I-129F petition results in a K1 visa for your fiancee to enter US with the intention to marry you within 3 months.

-She then has to adjust status to get work authorization and green card.

So, for instance, if my parents' house is my permanent residence in the US, I can just mail all my stuff to Vermont, and they'll send all the resulting documents to my parents? Do you have any idea how long the above would take.

I should note here, that I talked to my parents today, and, contrary to what I mentioned before, they said that if we have to get married here first, then that's fine. They just want us to get back to the US as easily and quickly as possible.

Married

- you can file I-130 petition with the ATI (if you qualify) which is DCF. That will get your wife a CR1 to enter US. She will receive the green card in the mail a few weeks after the visa being activated. She can apply SSN, driver license and can work immediately.

You mention "a few weeks after the visa is activated." How long does it take for the visa to be activated?

-if you do not qualify for DCF, you file I-130 with USCIS service center.

-you have a choice of filing I-129F after you receive the notice of action for I-130.

- Filing I-130 alone gets her on a CR1 path.

- Filing I-130 and I-129F gets her on a K3 path.

- K3 was started as a non immigrant visa for spouse who has a pending immigrant visa to shorten the separation period, but for many countries, K3 and CR1 do not vary much in time.

- With CR1, she gets green card, can work and SSN within a few weeks.

- With K3, need to file for work authorization and adjustment of status (AOS), she will get green card when AOS completed, which can take months. Choose K3 path carefully, it cost more, involve more paperwork and your spouse won't be able to start work immediately.

You do not need to be in the US to file any of this, but you need to maintain US domicile.

It's advisable to have a US address and a reliable person to receive correspondences from USCIS, so you can avoid delay and uncertainties of International mailing system.

Leah

Leah (or anyone else), if you were me, which of the above paths would you take? Which one do you think would be best, taking both time and money into account? (putting just a little more weight on the "time" side)

I'm really looking for the fast way to get back and settled in the US, even if it costs a little more or if it means that my fiance can't work right away. If it costs an arm and a leg, though, we'll have to settle for a slower method.

Your case is very simple. File for I130 with Vermont and then apply for K3. In my opinion it will be March before your spouse can come here. Time flies. Its already coming close to the end of the yr.

Even though with DCF you can apply in Nov, there is approval time, interview date time, affidavit of support etc. You may not gain a lot of time but what if you found out in Nov that you were ineligible.

If you are interested in marrying you GF, why even consider the fiance visa. Your with your fiance right now and K1 will not save you a lot of time.