I130 Advice Appreciated Thank you!

[musint 0]

Greetings!

I am a U.S. citizen, and I met my wife 4 years ago as I travel to China often times during my college years to work, and actually spent a year in China. We finally got married recently in the U.S. while she was here on a business VISA for work. She went back to China to finish up her work and classes. As I see a lot of people here that has experienced the process we are going through, I would like some advice on how to work towards the following goals. Thank you all so much.

Our Short Term goal is:

For my wife to join me in the U.S. after she finishes her masters classes and wraps up her work with an healthcare consulting firm in DECEMBER 2008. I know this is only 4 months away, is there a way I can apply for I130? K-3? or any VISA that will allow her to come to the U.S. by December? The I130 process seems like a tedious one, I am sort of concerned as I just read that I need to have LOTS of proofs of marriage. My wife and I are in our early twenties and have yet to have joint bank accounts. We have our marriage certificate, LOTS AND LOTS of pictures of us together during our previous vacations etc. What else do I need? Should I apply for the I130 now and also have her apply for a visitor visa that way she can at least be in the U.S. while we wait for I130 status? Should I pay to hire a lawyer? Will that speed up the process? Thank you guys so much for helping out! Really appreciate it.

Our long term goal is:

For her to be able to work in the U.S. This from my understanding is from the I130 status.

[payxibka 10,047]

At best, with any of the spousal visas you are looking at about one year. Hiring a lawyer could actually extend the time frame.

[Ling Ling 22]

Greetings!

I am a U.S. citizen, and I met my wife 4 years ago as I travel to China often times during my college years to work, and actually spent a year in China. We finally got married recently in the U.S. while she was here on a business VISA for work. She went back to China to finish up her work and classes. As I see a lot of people here that has experienced the process we are going through, I would like some advice on how to work towards the following goals. Thank you all so much.

Our Short Term goal is:

For my wife to join me in the U.S. after she finishes her masters classes and wraps up her work with an healthcare consulting firm in DECEMBER 2008. I know this is only 4 months away, is there a way I can apply for I130? K-3? or any VISA that will allow her to come to the U.S. by December? The I130 process seems like a tedious one, I am sort of concerned as I just read that I need to have LOTS of proofs of marriage. My wife and I are in our early twenties and have yet to have joint bank accounts. We have our marriage certificate, LOTS AND LOTS of pictures of us together during our previous vacations etc. What else do I need? Should I apply for the I130 now and also have her apply for a visitor visa that way she can at least be in the U.S. while we wait for I130 status? Should I pay to hire a lawyer? Will that speed up the process? Thank you guys so much for helping out! Really appreciate it.

Our long term goal is:

For her to be able to work in the U.S. This from my understanding is from the I130 status.

First, read the Guides and browse through the Wiki and look at processing times.

Second, remember that "Free advice is worth every penny you spend".

Seriously, you'll get a lot of good advice and experience here, but ultimately you have to make your own decisions.

The current state of visa approvals is very random. There are some that have been waiting since 2007, and I just heard of someone on here that filed on July 28th

and has been approved already. Right now it appears that it is VERY un-fairly going as Last In First Out, instead of First In First Out (in order).

Some would say you should hope that you get into CSC because they are approving faster.

Some would say you should hope that you get into VSC because they are due to ramp up.

The best advice I could give is to do your research, do your paperwork correctly, triple check it, and apply ASAP.

The sooner you have properly filled out applications in the system, the sooner you will get your Visa.

Lawyers are usually of little help unless you can't figure it out, or are too busy to figure it out.

You can try for a visitor's visa, but it could come back to haunt you if she's really immigrating on a visitor's visa.

Immigrating on a visitor's visa is considered fraud, and the burden to prove otherwise is on you.

I have good friends that accidentally went that route and it cost them 12 years and a boat-load of money to fix it.

The reality is, there's not much you can do except hurry up and wait.

But know that doing things the right way is the fastest in the long-run.

[payxibka 10,047]

in addition, China is notoriously one of the slowest consulates in processing times

[Penguin_ie 5,997]

You are not going to get her here for December this year on a spousal visa... you could try for a tourist visa if she has a lot of ties in China still.

[MsZ 6]

The thing is, she can't adjust status on a visitor's visa. So, you're going to have to file either a K-3 (I-130 & I-129F) or an CR-1 (I-130) and wait things out. You can still visit her. I'm kind of doubting she can visit in the US but you can always try.

Researching immigration prior to getting married would have been smarter. But since you married you've limited your options and extended the timeline for being together by quite a bit.

You're in good company though. A lot of us did the same thing even after researching our options!

[Penguin_ie 5,997]

The thing is, she can't adjust status on a visitor's visa. So, you're going to have to file either a K-3 (I-130 & I-129F) or an CR-1 (I-130) and wait things out. You can still visit her. I'm kind of doubting she can visit in the US but you can always try.

Oh totally, no adjusting status/ staying in the US if she comes on a tourist visa- that would be fraud and I certainly didn't mean to suggest that if my wording did! But the tourist visa, if obtainable, would allow for her to spend Christmas in the US and get to know the USC's family etc, and then return to the home country for filing of the visa (assuming they don't file beforehand).