K1 question from China resident

[canrun 0]

Hello friends...have been living in China for four years and with a wonderful lady for three. We've decided to finally make it official. She wants to see the US and it's not easy to get a tourist visa, so we're gonna do the whole thing after the wedding on a k1 (hopefully!!!). Which leads me to my question..I'll go back the US this April to visit my folks. While there, is there anything from my fiancee that I need to being with me back to the US to start the paperwork? Anything I need to do while back home that is unique-rule wise- to China? I am so glad for this site, because I feel TOTALLY overwhelmed about where to even begin. We plan to stay in China for a few more years after, I just want her to have the chance to easily go back with me whenever we want to. Any help is appreciated...I know this is all is clear as mud! Ha. VERY nervous....THANKS!!

-Aaron

[arwensun1965 0]

Hi Aaron first of all Welcome to VJ, can I ask because I am not quite clear on it, do you intend to marry before you come to the USA or do you intend to marry once you and your fiancee enter the USA? I am asking because they are two different things (one is a K1 visa the other is a K3 visa). I do not know if you have to have anything special because it is China, if you are going for the K1 you only have to prove that you have met within the last two years. You need to look at the guides at the top of the main page, this will give you a clearer idea of what each visa requirements and what they mean to you personally.

Janice

[canrun 0]

Hi Aaron first of all Welcome to VJ, can I ask because I am not quite clear on it, do you intend to marry before you come to the USA or do you intend to marry once you and your fiancee enter the USA? I am asking because they are two different things (one is a K1 visa the other is a K3 visa). I do not know if you have to have anything special because it is China, if you are going for the K1 you only have to prove that you have met within the last two years. You need to look at the guides at the top of the main page, this will give you a clearer idea of what each visa requirements and what they mean to you personally.

Janice

Thanks for your reply, Janice! We plan to travel to the US on a K1 visa. I'll go back in April to start the paperwork (as I live and work in China). I saw on another site that I'll need a copy of her birth certificate for the initial paperwork-I 129,etc. So...just wondering if there's anything else of her's that I need to take back with me. I am still darn near clueless on all this...that's why I'm reading and asking for others' advice! Cheers!

-Aaron

[canrun 0]

I STILL wasn't clear...sorry...we will get married in AMERICA...not China. See...nervous!

[Keigwyn 1]

I-129F, hmmm although only about three months back that seems a long time ago and about a mountain of paperwork back!. I don't think you need her Birth certificate, I supplied a copy of my passport at this stage ( I am the foreigner!) and of course pictures of you both together and the completed G325A(?)

[arwensun1965 0]

ok now that I know which visa you are going for here is the deal lol No you do not need her birth certificate until the actual interview at the Embassy stage, Give USCIS a passport photo of yourself and your finacee, you BOTH also need to submit a G-325A biographic information form. You both need to write letters of intent .... both to say that you are free to marry and intend on doing so within 90 days of arriving in the USA. Then you need to find out which service centre you need to send the package too. There is a National Customer Service Centre number which is 1-800-375-5283 if there is a particular question then ring them. Hope this helps you a bit.

Janice

[canrun 0]

Janice said:

you BOTH also need to submit a G-325A biographic information form. You both need to write letters of intent .... both to say that you are free to marry and intend on doing so within 90 days of arriving in the USA.

Since we both live together in China, should I put my China address on the G-325A or my "OFFICIAL" U.S. address (Mom's house!) back in the US? More questions soon! Thanks for the help so far!

[arwensun1965 0]

Put your mom's address on the form

Janice

As for the questions I will try to answer them lol people are quite helpful in the forum.

[desert_fox 32]

Start filling out the paperwork now before you leave China. Photos, translations, and whatever else. Trying to get that stuff from her while you are in the US could be difficult.

[zyggy 9]

You may want to look at the sponsorship requirements to see if you are eligible to act as a sponsor. If not, you'll need to arrange to get a co-sponsor to fill out some sponsorship paperwork for you.

Edited February 10, 2006 by zyggy

[canrun 0]

One more naive question before I head to bed...should my fiancee's G-325A from be filled out in her native language (Chinese) or should it be in English? I ask because here is a quote from the VJ flow chart:

"Case received by Embassy from NVC

Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiance(e)."

If it's in English, how will the Consulate in China be able to contact her? Where is the contact information put to "track down" the foreigner once the package is sent to the Consulate. They have to send her the letter somehow...Hope this makes sense! Thanks, all!

-Aaron

[canrun 0]

I think I answered my own question just now...I read the I-129 again very carefully and it allows for foreign alphabets. Guess that's what the Consulate will use! Duh.

[canrun 0]

Since I answered my last stupid question...I'll try just ONE more then call it a night...since I've lived in China teaching English for the last five years and have no property in the US, how would I go about filing the I-134 form? I have a few stocks, but all bank accounts and salary are here in China. Here's the VJ quote about this situation:

"You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these asap after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134/I-864. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134."

Not sure what I'm to do since I live and work in China. How do I get these things notarized from over here?Any suggestions would be most appreciated!

-Aaron

[scy 0]

I think I answered my own question just now...I read the I-129 again very carefully and it allows for foreign alphabets. Guess that's what the Consulate will use! Duh.

There is one line on the I-129F that asks for the beneficiary's name in her native alphabet. All immigration forms must be filled out in English, the only exception is when the forms ask for native alphabet.

When the government sends mail to the beneficiary, they will use English.

Since I answered my last stupid question...I'll try just ONE more then call it a night...since I've lived in China teaching English for the last five years and have no property in the US, how would I go about filing the I-134 form? I have a few stocks, but all bank accounts and salary are here in China. Here's the VJ quote about this situation:

"You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these asap after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134/I-864. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134."

Not sure what I'm to do since I live and work in China. How do I get these things notarized from over here?Any suggestions would be most appreciated!

-Aaron

The K-1 visa was designed for peittioner who lives in the US or planning on living there permanently. I think in your situation, you should consider filing DCF for a CR-1/IR-1. I should also point out that if you do obtain a K-1, your future wife must stay in the US at a minimum of 3 months to obtain a travel document. After that she has to file for Adjustment of Status to make her immigration status permanent in the US. You said you plan to live in China for a couple more years. Should your future wife be absent from the US alot her adjustment of status will be difficult.

[zyggy 9]

I think I answered my own question just now...I read the I-129 again very carefully and it allows for foreign alphabets. Guess that's what the Consulate will use! Duh.

There is one line on the I-129F that asks for the beneficiary's name in her native alphabet. All immigration forms must be filled out in English, the only exception is when the forms ask for native alphabet.

When the government sends mail to the beneficiary, they will use English.

Since I answered my last stupid question...I'll try just ONE more then call it a night...since I've lived in China teaching English for the last five years and have no property in the US, how would I go about filing the I-134 form? I have a few stocks, but all bank accounts and salary are here in China. Here's the VJ quote about this situation:

"You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these asap after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134/I-864. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134."

Not sure what I'm to do since I live and work in China. How do I get these things notarized from over here?Any suggestions would be most appreciated!

-Aaron

The K-1 visa was designed for peittioner who lives in the US or planning on living there permanently. I think in your situation, you should consider filing DCF for a CR-1/IR-1. I should also point out that if you do obtain a K-1, your future wife must stay in the US at a minimum of 3 months to obtain a travel document. After that she has to file for Adjustment of Status to make her immigration status permanent in the US. You said you plan to live in China for a couple more years. Should your future wife be absent from the US alot her adjustment of status will be difficult.

Agreed... I think DCF would be the best choice in this instance. This would involve you getting married in China and filing the paperwork necessary to get the CR-1 visa in China, which will result in a GC at her entry to the US. A few questions...

1) Have you been filing US tax returns with the IRS. All US CItizens are required to report their worldwide income to the IRS.

2) What have you done to keep your domicile in the US. Do you still have a US Driver License, US Bank Accounts, etc. If you don't, you should take steps to reestablish your domicile during your next visit to the US.

3) Go to the DCF forum and ask some questions there. I believe that you'll have to file the I-130 in Guangzhou as this is the only consulate in China that has an Immigrant Visa unit. The CR1 visa interview will definitely be held there, but you may be able to file the I-130 at a more local consulate.

There is a link to the immigrant visa unit in Guangzhou

http://www.usembassy-china.org.cn/guangzhou/iv/iv.html

From this link it appears that you will file the I-130 at the consulate that has jurisdiction over your place of residence in China.

Edited February 10, 2006 by zyggy