K1 question from China resident

[LibCampFireClub 635]

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

I think it a good idea if you post this same question at:

www.candleforlove.com

[zyggy 9]

I got this information from the Consulate in SHanghai...

Where can I get the necessary forms?

You can download the I-130 and G-325A forms from the Department of Homeland Security website. Alternatively, you may pick up these forms in person from the American Citizens Services (ACS) unit of the U.S. Consulate General in Shanghai.

The forms mention “petitioner" and “beneficiary" What is meant by these terms?

The petitioner is the American citizen who is petitioning for a foreign national to be allowed to enter the U.S. as a legal immigrant. The beneficiary is the foreign national who is seeking to immigrate to the U.S.

Where should I submit my Immigrant Visa petition?

If you reside in the United States, you should submit your application to the Department of Homeland Security office that has jurisdiction over where you live. If you reside in the Shanghai Consular District AND have a valid Chinese Foreigner’s Residence Permit visa you may submit your petition to the ACS Unit of the U.S. Consulate General in Shanghai. Our office will forward your application to the Department of Homeland Security office in Beijing.

What if I am applying for my spouse and their child?

A separate I-130 petition petition must be filed if the USC is also petitioning the stepchild (to be eligible for the petition, the child must be under 18 years when the USC married the petitioned spouse). Supporting documents include all those needed for the petition filed for the spouse, plus a Notarial Birth Certificate of the child. Filing fee is also $185.00.

How can I obtain an Immigrant Visa for my fiancée?

It is possible to apply for a “K" visa which would enable a fiancée to travel to the United States in order to get married to an American and reside in the U.S. However, such petitions MUST be filed with the nearest DHS in the U.S. This type of visa petition may not be adjudicated abroad. Please consult http://travel.state.gov/visa_services.html for more information.

How long does the process take?

From start to finish the Immigrant Visa process has many steps. After completing the forms and collecting the necessary documents, petitioners must file these with the DHS office in Beijing (or present these to the nearest U.S. Consulate for assistance in forwarding these to the DHS). If the DHS approves the petition, it is sent to the U.S. Consulate General in Guangzhou. At that time, the petitioner and beneficiary will be contacted in order to schedule a time for an personal interview. It is impossible to give a definite time frame, but recent experience suggests that applicants should plan for a wait of six to nine months.

Required Documents

See attached

check list

Fee: $185

Per Petition

http://www.usembassy-china.org.cn/shanghai...migrantVisa.htm

[canrun 0]

"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."

I think it may be a good idea to check out the DCF, as I cannot be 100% certain of my residence for the next couple of years. To answer your questions...

#1 Yes...always! Have all the records at home...

#2 DL....yes..Bank...yes...ok so far?

#3 I live 1 hour from GZ. Should be ok.

Here's the kicker...any idea how much longer I'll have to wait with a DCF than the K1? I'm hearing up to three years!

[ufkenmill 0]

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.

Just to clarify a couple of things:

1) You only need to report your income if you're making over a specific amount for your "household". If you're single and you make less than 8200$ you don't need to file or report anything to the IRS.

2) You only need to have a domicile when you file for AOS after your fiance enters.

And the K1 was created primarily for expats and military members living overseas, NOT just online/mail relationships.

[zyggy 9]

"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."

I think it may be a good idea to check out the DCF, as I cannot be 100% certain of my residence for the next couple of years. To answer your questions...

#1 Yes...always! Have all the records at home...

#2 DL....yes..Bank...yes...ok so far?

#3 I live 1 hour from GZ. Should be ok.

Here's the kicker...any idea how much longer I'll have to wait with a DCF than the K1? I'm hearing up to three years!

No.. it won't be nearly that long. The longest I've ever heard DCF take was up to a year in Juarez. I could be as little as 3 months and as long as 12.. However, 5 to 7 months is the norm about the same or slightly longer than a K1. However, the CR1 visa is a very powerful visa. If you do get the CR1, your spouse will be able to work immediately, can leave whenever she pleases and you will not have to deal with doing AOS when you get to the US.

Edited February 10, 2006 by zyggy

[meauxna 15]

I wouldn't say 3 years is common, but I would def. look into timelines specific to your Consulate, because the Chinese Consulates are taking a seriously long time lately.

Have you looked at the discussion at candleforlove ?

[canrun 0]

I wouldn't say 3 years is common, but I would def. look into timelines specific to your Consulate, because the Chinese Consulates are taking a seriously long time lately.

Have you looked at the discussion at candleforlove ?

I'm gonna chat with the folks at candleforlove. They seem to really know what's going on in China. Thanks all! I appreciate it!!

-Aaron