Confused if I am eligible to file for an I-130/K3 and other issues

[souvarine 0]

I'm an American and a Japanese citizen and my wife is a Chinese citizen. We met and married in Japan and lived there as a married couple for over two years. We recently moved to her hometown in China and now I am starting the lengthy and convoluted process of filing for an I-130 + K3 visa. However, I have run into a number of problems.

First of all, I was given the impression that there are different processes to file the I-130/K3 petition depending on whether you are petitioning from within or from outside the United States. I would like to confirm if this is true or if the process is the same despite the petitioner's location. My concerns regarding my legal area of residency stem from this uncertainty. According to the US Embassy in Beijing, I am unable to claim residency status in China as I do not have a student or work visa (or any visa on my US passport for that matter... I obtained a renewable 6 month family relation visa on my Japanese passport as I had applied for it while in Japan).

I am also unsure whether I can petition for these visas while outside of the US. According to the US Embassy, I am able to file them at the USCIS Offices in China as long as I possess a Work or Student visa, neither of which I have. I am guessing that only leaves me with sending the petition to the LockBox in Chicago and letting the USCIS take it from there.

Finally, my wife came across some information on a Chinese immigration-related forum stating that foreign marriage certificates require some type of official statement asserting the authenticity of the marriage certificate (and English translations for both documents). However, after reading various threads on this forum and other immigration help sites, it seems as if such a statement of authenticity can be replaced with items such as document showing joint-ownership of property or affidavits having personal knowledge of our relationship.

Has anyone ever had to present such a document in order to verify the validity of their marriage? I'd like to hear what kind of documents the members of this forum have used as evidence that bona fides your marriage.

It would be greatly helpful if anyone could share their experience with this extremely trying (gut-wrenchingly stressful) process. I know that this has turned into a monster of a first post and so I'd like to thank all of you who stuck with it to the very end. Thanks for your time everyone!

PS. Whatever happened to the introductory letter that is supposed to narrate you and your spouse's relationship? I talked to a lawyer while in Japan and was told that I would have to write one, but I can't seem to find it listed in any of the checklists on the forum. Any info on this is also appreciated!

[Desire019 0]

I'm an American and a Japanese citizen and my wife is a Chinese citizen. We met and married in Japan and lived there as a married couple for over two years. We recently moved to her hometown in China and now I am starting the lengthy and convoluted process of filing for an I-130 + K3 visa. However, I have run into a number of problems.

First of all, I was given the impression that there are different processes to file the I-130/K3 petition depending on whether you are petitioning from within or from outside the United States. I would like to confirm if this is true or if the process is the same despite the petitioner's location. My concerns regarding my legal area of residency stem from this uncertainty. According to the US Embassy in Beijing, I am unable to claim residency status in China as I do not have a student or work visa (or any visa on my US passport for that matter... I obtained a renewable 6 month family relation visa on my Japanese passport as I had applied for it while in Japan).

I am also unsure whether I can petition for these visas while outside of the US. According to the US Embassy, I am able to file them at the USCIS Offices in China as long as I possess a Work or Student visa, neither of which I have. I am guessing that only leaves me with sending the petition to the LockBox in Chicago and letting the USCIS take it from there.

Finally, my wife came across some information on a Chinese immigration-related forum stating that foreign marriage certificates require some type of official statement asserting the authenticity of the marriage certificate (and English translations for both documents). However, after reading various threads on this forum and other immigration help sites, it seems as if such a statement of authenticity can be replaced with items such as document showing joint-ownership of property or affidavits having personal knowledge of our relationship.

Has anyone ever had to present such a document in order to verify the validity of their marriage? I'd like to hear what kind of documents the members of this forum have used as evidence that bona fides your marriage.

It would be greatly helpful if anyone could share their experience with this extremely trying (gut-wrenchingly stressful) process. I know that this has turned into a monster of a first post and so I'd like to thank all of you who stuck with it to the very end. Thanks for your time everyone!

PS. Whatever happened to the introductory letter that is supposed to narrate you and your spouse's relationship? I talked to a lawyer while in Japan and was told that I would have to write one, but I can't seem to find it listed in any of the checklists on the forum. Any info on this is also appreciated!

If you got married in a foreign country and you (The citizen of the USA) have lifed there for over than 6 months do Direct Consular Filing (DCF) Its is the fastest way.

[Tom&Ling 0]

Hi souvarine,

I think you should post your question on http://www.candleforlove.com/

This forum deals specifically with China and the US Embassy in Guangzhou.

But if you do post there be sure to give them all your details.

Tom and Ling

Edited August 25, 2008 by Tom&Ling

[pushbrk 13,248]

I'm an American and a Japanese citizen and my wife is a Chinese citizen. We met and married in Japan and lived there as a married couple for over two years. We recently moved to her hometown in China and now I am starting the lengthy and convoluted process of filing for an I-130 + K3 visa. However, I have run into a number of problems.

First of all, I was given the impression that there are different processes to file the I-130/K3 petition depending on whether you are petitioning from within or from outside the United States. I would like to confirm if this is true or if the process is the same despite the petitioner's location. My concerns regarding my legal area of residency stem from this uncertainty. According to the US Embassy in Beijing, I am unable to claim residency status in China as I do not have a student or work visa (or any visa on my US passport for that matter... I obtained a renewable 6 month family relation visa on my Japanese passport as I had applied for it while in Japan).

I am also unsure whether I can petition for these visas while outside of the US. According to the US Embassy, I am able to file them at the USCIS Offices in China as long as I possess a Work or Student visa, neither of which I have. I am guessing that only leaves me with sending the petition to the LockBox in Chicago and letting the USCIS take it from there.

Finally, my wife came across some information on a Chinese immigration-related forum stating that foreign marriage certificates require some type of official statement asserting the authenticity of the marriage certificate (and English translations for both documents). However, after reading various threads on this forum and other immigration help sites, it seems as if such a statement of authenticity can be replaced with items such as document showing joint-ownership of property or affidavits having personal knowledge of our relationship.

Has anyone ever had to present such a document in order to verify the validity of their marriage? I'd like to hear what kind of documents the members of this forum have used as evidence that bona fides your marriage.

It would be greatly helpful if anyone could share their experience with this extremely trying (gut-wrenchingly stressful) process. I know that this has turned into a monster of a first post and so I'd like to thank all of you who stuck with it to the very end. Thanks for your time everyone!

PS. Whatever happened to the introductory letter that is supposed to narrate you and your spouse's relationship? I talked to a lawyer while in Japan and was told that I would have to write one, but I can't seem to find it listed in any of the checklists on the forum. Any info on this is also appreciated!

You've seen some accurate information from which you have drawn convoluted conclusions.

You cannot file DCF (Direct Consular Filing) from China for the reasons Beijing gave you. You would file through the lockbox in Chicago. I would advise skipping the K3 process and sticking with the IR1 visa process by filing only the I-130 petition. See the Guides here.

Here's the kicker. Even though you can mail it from China, you'll need a US address as the return address on the petition. That could be a parent, family member or good friend's address, who is willing to forward your mail to you. They should also inform their local post office you are authorized to receive mail at their address. It will be helpful if you maintained US bank accounts and driver licenses to show a US domicile.

The one remaining issue is that of sponsorship. You may use a co-sponsor or simply return to the US and get a job and re-establish US domicile.

[souvarine 0]

Thank you all for replying to this thread! I really appreciate all the helpful insight that has been provided.

Tom&Ling, I'll check out that site as well. Desire, I thought about DCF, but am unable to do so. Pushbrk, admittedly I've been given a lot of conflicting information when I asked the National Customer Service Center for the USCIS, the US Embassy in Beijing and the US Consulate in Osaka while I was still in Japan, and the previously mentioned Japanese lawyer.

You mentioned that I should avoid the K3 process, but according to the USCIS sites, the K3 could potentially quicken the entire procedure. Could you elaborate on your reasoning, please?

I had a feeling that I would have to use an American address for the petition. As for sponsorship, are you referring about the Affidavit of Support? As I've been working abroad for nearly 3 years now, I haven't been required to pay any US taxes, so would I be better off finding a co-sponsor in the States then?

[souvarine 0]

Addon: have any members who have petitioned on behalf of a Chinese spouse been asked to produce a notarized copy of your marriage certificate? I checked out the Immigration BBS that my wife found and it lists that I need my marriage certificate to be notarized (结婚公证书复印件). According to the I-130 guides in the forums, I only need a copy of my marriage certificate (presumably one that is not notarized). Could anyone clarify this for me please? Again, all help is greatly appreciated!

[pushbrk 13,248]

Thank you all for replying to this thread! I really appreciate all the helpful insight that has been provided.

Tom&Ling, I'll check out that site as well. Desire, I thought about DCF, but am unable to do so. Pushbrk, admittedly I've been given a lot of conflicting information when I asked the National Customer Service Center for the USCIS, the US Embassy in Beijing and the US Consulate in Osaka while I was still in Japan, and the previously mentioned Japanese lawyer.

You mentioned that I should avoid the K3 process, but according to the USCIS sites, the K3 could potentially quicken the entire procedure. Could you elaborate on your reasoning, please?

I had a feeling that I would have to use an American address for the petition. As for sponsorship, are you referring about the Affidavit of Support? As I've been working abroad for nearly 3 years now, I haven't been required to pay any US taxes, so would I be better off finding a co-sponsor in the States then?

There's lots of discussion on the board about IR1/CR1 vs K3. Read to your heart's content but in a nutshell while K3 may be two or three months longer in China, the K3 costs significantly more from filing to LPR status and requires months of waiting before your spouse can work or have a SSN. Since you aren't separated, I think you'll be happier with the IR1 visa that results in an immediate LPR status and 10 year green card.

Even though you were not required to pay taxes, you were required to file tax returns. You should get those filed, showing the (probably 100% excluded from tax liability) foreign income. You'll then need a co-sponsor.

Addon: have any members who have petitioned on behalf of a Chinese spouse been asked to produce a notarized copy of your marriage certificate? I checked out the Immigration BBS that my wife found and it lists that I need my marriage certificate to be notarized (结婚公è¯ä¹¦å¤å°ä»¶). According to the I-130 guides in the forums, I only need a copy of my marriage certificate (presumably one that is not notarized). Could anyone clarify this for me please? Again, all help is greatly appreciated!

If married in China, you would take your red book to the Gong Zheng Chu for "Notarial" translation. Otherwise, you'll need a certified translation of any non English language official documents included in your petition filing.

Edited August 26, 2008 by pushbrk

[MsZ 6]

The US taxes on WORLDWIDE income. They don't care where you make your money. They just want their cut.

Were you below the threshold for income?

[souvarine 0]

Thanks for the warning pushbrk, I think I'll stick with the IR1. Since we were married in Japan, I guess all I need is a certified translation of our Japanese marriage certificate. I better get to those tax returns... hopefully there's something that'll allow an expatriot to file them late. That's definately true Mz, but luckily I quality for foreign income exclusion (made less than 80k a year).

[pushbrk 13,248]

Thanks for the warning pushbrk, I think I'll stick with the IR1. Since we were married in Japan, I guess all I need is a certified translation of our Japanese marriage certificate. I better get to those tax returns... hopefully there's something that'll allow an expatriot to file them late. That's definately true Mz, but luckily I quality for foreign income exclusion (made less than 80k a year).

When you own nothing, there can be no penalty for filing late, expatriate or not. I think it's $80,000 of foreign income that is excludable from taxable income, so unless you made significantly more than that, you'll have no tax liability.