Confused on which Visa Option! K1 - K3 – DCF

[Randy Petersen 0]

Hello,

My name is Randy; this is my first post on VisaJourney.com. I hope that I am not causing too much trouble by cross posting this to the different visa options. I just don’t know what to do, which visa I should apply?

First off, this is a neat site, it is good for people to read and help this procedure which seems can be very complex. Also if anyone would like to reply my post, please do so in the K-3 Spouse Visa Discussion, then we are all on the same page.

Okay here is the situation. I am a single man going to China to meet my girlfriend Lei. In the event I like her, I am planning to stay for a year and teach English and marry Lei. If I don’t like her, I may stay and seek other women. So assuming I love her, and want her to be my wife. I would like to marry her, soon. So when I do marry her lets say 30 days after I get there, then I will stay for a year and would like to go back to the states with her. All my friends say that I need to do a K-1 that a K-3 will take years. But according to the timelines it seems each method would take less then a year. But can I do the K-3 paperwork while living in China? Or is this something DCF would fall under? This is the timeline I would like to follow, obviously it’s not up to me, but this is perfect world.

Fly to China 6/16/06

Fall in love

Ask to marry 7/16/06

Get married 8/16/06

Start work

Start Visa paperwork

Leave China with my bride 9/1/07

Is it possible? Probably not, but what would be closest to it. You see once I decide to marry, I would rather not leave my wife, ha! Also if you’re curious we have been emailing and chatting for about 4 months know. She lives in Nanning, China.

Thanks again,

Randy

[ppboo 0]

Please check if Embassy in China accept direct I-130 petition (DCF)? verify how long you would need to stay in China in order to eligible for the DCF?

[Randy Petersen 0]

Please check if Embassy in China accept direct I-130 petition (DCF)? verify how long you would need to stay in China in order to eligible for the DCF?

Thanks for the response, according to this site...

http://www.visajourney.com/consulates/inde...a&cty=Guangzhou

Consulate offers Direct Consular Filing? Yes

And according to another site I found that this Guangzhou office serves Nanning.

I couldnt find an answer to how long you would need to stay, but still looking...

Thanks!

Randy

[Jaci 0]

Hi Randy

Welcome to VJ

I suggest you post in the DCF section, and have a look around there as well.

How To Learn If You Can Do Direct Consular Filing for a Spouse

1. Find the website for your Consulate here: http://usembassy.state.gov/ and browse their information for Immigrant Visas. In particular, look for what they have to say about filing the petition. You want information about filing it with the Consulate, not in the US.

Often, the language on the websites is vague. Keep in mind that “resident” may mean something different than what you expect and may at its least simply mean, “physically present”. No matter the case, if you are going to file directly, you must be physically in the country to do so.

1b. Your country may have a USCIS Field Office that accepts petitions directly. Find that information here: http://uscis.gov/graphics/fieldoffices/worldmap.htm .It may be that the Consulate will not take the I-130 because it goes to USCIS. The end result of a successful petition is the same: when approved, the immigrant spouse may start the Immigrant Visa application.

2. Confirm directly with the Consulate in question that they will offer this service to you.

If you are not a resident of the foreign country, this is a courtesy, a favor, a little something extra from them to you, the USC. The Consulates are not required to do it and their policies and rules change from time to time, often when a new Consul General is appointed in a country.

Always double check the Consulate’s current policy before making your plans!

By now you’ll know if you are filing your petition with the Consulate or the DHS/USCIS office abroad. The end result will make no difference to an approved petition but make sure you are sending your paperwork to the correct place. When you contact the Immigrant Visa Unit at your Consulate for instructions, they can confirm where you should submit your petition.

This process is done differently in every country in the world. There is no one way to explain it here that will cover everyone’s case, so be prepared to do your research.

When you find the contact info for the office you are using, and you want to check whether or not they will take you case, speak to the right department, usually known as the Immigrant Visa Unit and be very specific and precise with your question. An appropriate question might be:

“Will you allow me, a US Citizen not resident in your country, to file a petition I-130 for my husband/wife who is a citizen/resident of your country?”

If you have previously been a resident of that country or have a birth-family connection to that country, it is worth including this information, as it may influence the outcome. Do not use abbreviations or slang terminology when speaking with the Consular officials, be very plain and explanatory, yet to the point. Be sure that they understand what you are asking, and be sure that you understand their answer completely. “DCF/Direct Consular Filing” is a slang term. It is not recommended to say “DCF”, but to stick to an accurate description of what you want: to file the I-130 for your spouse at their office, even if you do not live in their country.

If the foreign spouse is a resident, but not citizen of the target filing country, be sure to ask the Immigrant Visa Unit if that will be an issue at all. In my case it was not, but note that the USC and the foreign spouse should be legally present/resident in the 3rd country.

If you are not yet married you can contact the Consulate prior to marriage to see if they have instructions in writing they can mail to you or to get more information about this process before you marry. It may be that they have a packet of information that they can mail to you now, before the marriage. In Australia, for instance, the Australian fiancé can call the Consulate and request this packet prior to the marriage and go ahead and have the medical exam and get the police record, and complete all of the forms. The USC fiancé can arrive in Australia, marry and file the petition and the visa application at the Consulate at Sydney in one visit.

Timelines around the world vary: my own family’s visa process was 33 days from I-130 to visa in hand, busier Consulates may take 3 or so months and some countries with higher fraud or security issues may take longer. No matter which way you slice it, it is still faster than filing the I-130 at a US Service Center and going through the lengthy NVC process.

Please note: DCF is faster than processing through a US Service Center, but it is not instantaneous. The immigrating spouse is still required to make a complete Immigrant Visa application, including the appropriate marriage/divorce documents, police certificates, military records and a medical. Instructions for these documents are disbursed to the foreign visa applicant in the form of a checklist. The sooner you collect these documents, the faster you can submit your application.

User Stories

It is well worth checking the experiences posted at http://www.kamya.com/interview and at the VisaJourney DCF Forum for tips related to your specific Consulate (don’t forget to search the VJ archives for stories before 2006). There are various lists around (one maintained by an attorney) that tell countries that will and will not do DCF for non-resident USCs. Please note that this list changes frequently and is not always correct even when up to date. It is, however, a starting point. Policies for some Consulates are well known—others less so. I encourage everyone to make their own call and find out for themselves if their Consulate is a ‘yes’ or ‘no go’ for non-resident DCF.

Countries where one should definitely consider non-resident DCF include Australia, Barbados, Cyprus, France, Greece, Japan, Malaysia, Netherlands, New Zealand, Norway, Sweden, Taiwan. These are all countries that are currently liberal to very liberal with their residency requirements for USCs.

Experience postings help everyone; check visajourney for others’ experiences, and post your own to benefit future filers. Thanks to everyone who is keeping this information up to date!

edited to add:

see http://www.visajourney.com/forums/index.ph...custom&page=dcf

Edited June 1, 2006 by Jaci

[Yodrak 7]

Randy,

If your plan is to marry before beginning the immigration process then obviously a K1 visa is not an option.

If it's not obvious, then begin your quest for information by reading the Guides and Visa FAQ here on VJ and the appropriate sections of 'How Do I - Frequently Asked Questions' on the USCIS web site.

Yodrak

Hello,

My name is Randy; this is my first post on VisaJourney.com. I hope that I am not causing too much trouble by cross posting this to the different visa options. I just don't know what to do, which visa I should apply?

First off, this is a neat site, it is good for people to read and help this procedure which seems can be very complex. Also if anyone would like to reply my post, please do so in the K-3 Spouse Visa Discussion, then we are all on the same page.

Okay here is the situation. I am a single man going to China to meet my girlfriend Lei. In the event I like her, I am planning to stay for a year and teach English and marry Lei. If I don't like her, I may stay and seek other women. So assuming I love her, and want her to be my wife. I would like to marry her, soon. So when I do marry her lets say 30 days after I get there, then I will stay for a year and would like to go back to the states with her. All my friends say that I need to do a K-1 that a K-3 will take years. But according to the timelines it seems each method would take less then a year. But can I do the K-3 paperwork while living in China? Or is this something DCF would fall under? This is the timeline I would like to follow, obviously it's not up to me, but this is perfect world.

Fly to China 6/16/06

Fall in love

Ask to marry 7/16/06

Get married 8/16/06

Start work

Start Visa paperwork

Leave China with my bride 9/1/07

Is it possible? Probably not, but what would be closest to it. You see once I decide to marry, I would rather not leave my wife, ha! Also if you're curious we have been emailing and chatting for about 4 months know. She lives in Nanning, China.

Thanks again,

Randy

[Randy Petersen 0]

Thanks Yodrak,

I should have mentioned that if K1 would have worked out I would not marry her on paper and just have a celebration of marraige. I just didnt know since I would be in China if I could file for a K1. I am finding out that no, K1 and K3 are not possible while staying in a foreign country. So know I will focus my attention on DCF.

Thanks for your input!

Randy

Randy,

If your plan is to marry before beginning the immigration process then obviously a K1 visa is not an option.

If it's not obvious, then begin your quest for information by reading the Guides and Visa FAQ here on VJ and the appropriate sections of 'How Do I - Frequently Asked Questions' on the USCIS web site.

Yodrak

Hello,

My name is Randy; this is my first post on VisaJourney.com. I hope that I am not causing too much trouble by cross posting this to the different visa options. I just don't know what to do, which visa I should apply?

First off, this is a neat site, it is good for people to read and help this procedure which seems can be very complex. Also if anyone would like to reply my post, please do so in the K-3 Spouse Visa Discussion, then we are all on the same page.

Okay here is the situation. I am a single man going to China to meet my girlfriend Lei. In the event I like her, I am planning to stay for a year and teach English and marry Lei. If I don't like her, I may stay and seek other women. So assuming I love her, and want her to be my wife. I would like to marry her, soon. So when I do marry her lets say 30 days after I get there, then I will stay for a year and would like to go back to the states with her. All my friends say that I need to do a K-1 that a K-3 will take years. But according to the timelines it seems each method would take less then a year. But can I do the K-3 paperwork while living in China? Or is this something DCF would fall under? This is the timeline I would like to follow, obviously it's not up to me, but this is perfect world.

Fly to China 6/16/06

Fall in love

Ask to marry 7/16/06

Get married 8/16/06

Start work

Start Visa paperwork

Leave China with my bride 9/1/07

Is it possible? Probably not, but what would be closest to it. You see once I decide to marry, I would rather not leave my wife, ha! Also if you're curious we have been emailing and chatting for about 4 months know. She lives in Nanning, China.

Thanks again,

Randy

[Yodrak 7]

Randy,

You are finding out wrong. Is this from the same friends who incorrectly advised you that a K3 will take years while a K1 will not?

Your I-129f petition must be submitted to a USCIS Service Center in the USA, that does not mean that you have to be in the USA at the time you submit.

Yodrak

Thanks Yodrak,

I should have mentioned that if K1 would have worked out I would not marry her on paper and just have a celebration of marraige. I just didnt know since I would be in China if I could file for a K1. I am finding out that no, K1 and K3 are not possible while staying in a foreign country. So know I will focus my attention on DCF.

Thanks for your input!

Randy