CR-1, Oongoing Marital Union

[floridadave 195]

Short background. Last year I filed K-1 for my fiancee. As we were not ready at that time, I withdrew the petition and the case was "administratively closed" by USCIS "without prejudice." Next month I am headed to China to marry my fiancee. I intend to file the I-130 shortly after I return to the U.S. The longest she and I lived together will be 17 days. The wedding date is set, marriage dinner booked, etc.

2 questions:

1. Does Guangzhou consulate still handle all CR-1's?

2. The I-130 requires PROOF of a "FAMILY RELATIONSHIP" which can include: Any other relevant documentation to establish that there is AN ONGOING MARITAL UNION. Well....

We don't have any joint ownership in property yet, but I guess I can put her name on my condo title and send a copy of the title with the I-130. Will this help?

We don't have the other things either: NO joint tenancy lease, no docs showing co-mingling of financial resources, no common children.

This being said: How does one prove AN ONGOING MARITAL UNION when as she lives in China and I live in the U.S.? I thought about living in China, but too many serious health reasons require my U.S. doctors to regularly treat me.

I thought about using sworn and affirmed 3rd party affidavits having personal knowledge of the bona fides of the marital relationship. Not too hard to do. But what are "bona fides" for this purpose?

What we do have, or will have are:

Photos of us together

Soon, photos of us and other family members together

Boarding Pass copies,

Hotel receipts,

Wedding photos

Wedding dinner photos + receipts for the particulars.

Wedding ring receipt.

a genuine certified and translated Chinese marriage certificate.

Hundreds of emails, and a few snail mail letters

Chat records as we video chat almost daily now.

Screenshots of our chats that also show Official U.S. time in separate internet window

I think she's taking me to the Police to register my staying with her next month. Don't know if that would help.

But really, I marry her, then a month later file the I-130. Not much time to establish an ONGOING marital UNION. What Can I do? HELP!!!!!!!!!

[Not me 1]

Many guys have the same problem. Try going to this website http://candleforlove.com/forums/index.php?act=idx

Its called Candle for Love and it deals exclusively with US visa in China. You will find hundreds of guys on that forum who asked the exact same question, and all the answers they got.

Most of the marriages between a US citizen and a Chinese citizen seem to be long distance, and the embassy does give couples a hard time about this. Visa fraud is high with internet romances so they may be a bit picky. The way I see it you have three choices:

1. Move to China and get a work or student visa and wait six months and DCF in China (you would be finished in maybe 12 to 18 months)

2. Wait to file the I-130 so that you can establish a legitimate like money transfers, gifts, emails, letters, and trips to China and then file the I-130 (waiting time 18 to 24 months)

3. File the I-130 now and maybe get denied a year later, then again maybe you won't get denied. Its a little bit of a gamble, and there is no way to know for sure when you will me done. (waiting time 18 to ???? months)

If you can wait, and want to make sure, spend some time developing the marriage. If you can't wait any longer and want this done as soon as possible then move to China. But if you can't move to China, and you don't mind taking a chance then read this guy's thread and see how much evidence you can get and hope its enough. http://candleforlove.com/forums/index.php?showtopic=42725&st=0&p=568443entry568443

It shows you some of the things this guy included that may give you an idea. If you want my opinion from reading hundreds of reports from guys in the exact same position as you, I would wait to file the I-130. A married followed by a brief stay in China and then a I-130 is a red flag. I've seen dozens of wives denied visas because the husbands only spent less then a month or tow in person.

You do have a fourth option. Get your wife a travel visa. Its a little tricky and you may need to apply two or three times, but once your wife gets the travel visa she can easily renew it every year. One couple in Beijing has the wife living in the US for the past five years on a travel visa. Once your wife has the travel visa she can come and go as many times as she wants. Its not too hard to get one, but does take planning and patients. The nice thing is they don't revoke your wife's travel visa while you are filing her CR1 visa.

If you want to make your life simple and happier I would go for the travel visa.

[floridadave 195]

Many guys have the same problem. Try going to this website http://candleforlove...dex.php?act=idx

Its called Candle for Love and it deals exclusively with US visa in China. You will find hundreds of guys on that forum who asked the exact same question, and all the answers they got.

Most of the marriages between a US citizen and a Chinese citizen seem to be long distance, and the embassy does give couples a hard time about this. Visa fraud is high with internet romances so they may be a bit picky. The way I see it you have three choices:

1. Move to China and get a work or student visa and wait six months and DCF in China (you would be finished in maybe 12 to 18 months)

2. Wait to file the I-130 so that you can establish a legitimate like money transfers, gifts, emails, letters, and trips to China and then file the I-130 (waiting time 18 to 24 months)

3. File the I-130 now and maybe get denied a year later, then again maybe you won't get denied. Its a little bit of a gamble, and there is no way to know for sure when you will me done. (waiting time 18 to ???? months)

If you can wait, and want to make sure, spend some time developing the marriage. If you can't wait any longer and want this done as soon as possible then move to China. But if you can't move to China, and you don't mind taking a chance then read this guy's thread and see how much evidence you can get and hope its enough. http://candleforlove...43

It shows you some of the things this guy included that may give you an idea. If you want my opinion from reading hundreds of reports from guys in the exact same position as you, I would wait to file the I-130. A married followed by a brief stay in China and then a I-130 is a red flag. I've seen dozens of wives denied visas because the husbands only spent less then a month or tow in person.

You do have a fourth option. Get your wife a travel visa. Its a little tricky and you may need to apply two or three times, but once your wife gets the travel visa she can easily renew it every year. One couple in Beijing has the wife living in the US for the past five years on a travel visa. Once your wife has the travel visa she can come and go as many times as she wants. Its not too hard to get one, but does take planning and patients. The nice thing is they don't revoke your wife's travel visa while you are filing her CR1 visa.

If you want to make your life simple and happier I would go for the travel visa.

Thanks for the tip. I will look into CFL. I've been there before. Good information there. I would love to live in China for awhile. I've been there 3 times already and enjoy that country immensely. But I got too many health issues that require too many visits to my doctors. So I can't stay there for an extended period of time. I like the idea of her visiting here, but she keeps complaining that she can't get a visitor visa here. Don't know why. I've already done the money transfer and plan to continue to do it every couple of months.

Anybody else? Ideas?

[Not me 1]

Thanks for the tip. I will look into CFL. I've been there before. Good information there. I would love to live in China for awhile. I've been there 3 times already and enjoy that country immensely. But I got too many health issues that require too many visits to my doctors. So I can't stay there for an extended period of time. I like the idea of her visiting here, but she keeps complaining that she can't get a visitor visa here. Don't know why. I've already done the money transfer and plan to continue to do it every couple of months.

Anybody else? Ideas?

Its hard for girlfriends and fiances to get a travel visa. Its a whole other game when its wives. It takes a few times and she will need to have about 50,000 or 70,000RMB in the bank for the interview, but it is very doable. I was married for over a year and a half and lived in China, and they still refused my wife a travel visa. It took two tries for us. I know it seems a hassle but it is worth the trouble.

[floridadave 195]

Its hard for girlfriends and fiances to get a travel visa. Its a whole other game when its wives. It takes a few times and she will need to have about 50,000 or 70,000RMB in the bank for the interview, but it is very doable. I was married for over a year and a half and lived in China, and they still refused my wife a travel visa. It took two tries for us. I know it seems a hassle but it is worth the trouble.

I have always been a big fan of her visiting here, but she keeps telling me her "travel group" won't allow this for her to visit me. Anyway. No problem with the escrow money. So maybe then as a wife, she may have easier time to get the B2? Perhaps that is the better route. At least I can to there, get married and worry later.

It just seems the I-130 is designed for co-habiting couples only. I keep seeing this flash in front of my eyes over and over and over: Evidence of AN ONGOING MARITAL UNION. Geez, we live in 2 different countries, how to get an ongoing marital union if they don't let her in to stay with me? Classic catch-22. I haven't slept all night worrying about this. I going to bed.

Thanks

[mimikipa 0]

I sent copies of western union money transfers and receipts from the post office. I sent my hubby gifts during this time. I also sent just 10 pages of "examples" of our e-mails and chats. Otherwise, too much junk I think....

Also, copies of my phone card bills. also, wedding invitation, wedding pictures, and some of my travel pictures. I think this would have to be enough. try stuff like that. i'm hopeful that it's sufficient enough

[Darnell 8,479]

1. Yes. Not done elsewhere.

2. http://www.visajourney.com/forums/index.php?showtopic=218775&st=0&p=3324240&hl=Rusticentry3324240 File what you have, with the initial I-130 submission, then add more at NVC with the DS-230 stuff - see http://www.visajourney.com/forums/topic/267559-usa-is-now-arizona/page__view__findpost__p__4100571

Edited March 29, 2011 by Darnell

[floridadave 195]

So is there anyone out there that was successful doing I what I am going to do: spouses live in 2 different countries, get married over there, return to file I-130? And do it relatively painlessly?

[floridadave 195]

1. Yes. Not done elsewhere.

2. http://www.visajourn...c File what you have, with the initial I-130 submission, then add more at NVC with the DS-230 stuff - see http://www.visajourn...ost__p__4100571

Darnell, I have read all info from both of your links. I can do most items in your list. So am I correct to assume that you did yours the same way I am attempting to do mine, that is, she lived in Wuhan while you were here filing the I-130? And putting her name on utility bills even though she is over there? This is good?

I thought about the affidavits. Really, this I believe is my best shot. Would the following be sufficient? May I ask what did you use?

Affiant Name and Address

Affiant DOB

Affiant Place of Birth

I (affiant's name) am a close friend of ( wife's name). I attended her wedding party on _______ and actually viewed their marriage certificate noting she married (my full name) on _________/2011.

Maybe Include:

I have also visited them living together during Mr. ______'s stay in China.

Sincerely

Affiant Singnature

Notorized etc.

Thanks again.

[Darnell 8,479]

yup - file the I-130 after you return from China.

I travel back and forth to see her 4 to 5 times each year (my business is always remote, doesn't matter where I am)

and we weren't in such a hurry to file (big difference, I think) as we always were waiting for the IR-1 tag.

Concentrate on that evidence and the EOR for initial I-130 submittal - but remember - if you don't have it on the day of filing, surely you'll have MORE when yer ready to submit the DS-230...

don't get over analytical on some things, but focus and analyze on the bits that matter.

Hang in there !

[UrbanOptimist 0]

I have always been a big fan of her visiting here, but she keeps telling me her "travel group" won't allow this for her to visit me. Anyway. No problem with the escrow money. So maybe then as a wife, she may have easier time to get the B2? Perhaps that is the better route. At least I can to there, get married and worry later.

It just seems the I-130 is designed for co-habiting couples only. I keep seeing this flash in front of my eyes over and over and over: Evidence of AN ONGOING MARITAL UNION. Geez, we live in 2 different countries, how to get an ongoing marital union if they don't let her in to stay with me? Classic catch-22. I haven't slept all night worrying about this. I going to bed.

Thanks

So far for me, your narrative truly hits home with me and indeed I identify with every facet of your journey. This is partly why I love this forum and over the years, I have read (from afar) many people's stories and I have learned a great deal from them as a result. I have found that 99% of the postings here to be both inspirational and beneficial.

As for the other 1%? Let's just say that not every suggestion or tidbit of advice is applicable or feasible. Of course, hiring a lawyer and moving to our spouse's country helps our case! But is this really an option for ALL OF US? I mean really?

If you meet a multi-millionaire and you ask him how he acquired his riches and he says, "Well, I simply bought Bowflex stock in the mid-1990s when it was selling for 7 cents a share on the Toronto Exchange and I sold my stock when it peaked out at $45.00 a share (after several splits) on the New York Stock Exchange. Of course, this is a great story to hear but seriously, just how REALISTIC is it to just tell others to just DO THE SAME?

I hope that it not inappropriate to create a hypothetical (albeit valuable example to serve as a case study) scenario here to see what would be a reccommended course of action as there are elements that mirror our stories. Why use a hypotherical example? For the sake of privacy and to not be invasive of anyone's real privacy. In true stories that became movies (Raging Bull, Rudy, etc...) they always use dramatic license as it can help create a stronger case to serve as an example.

Who cares that t

I stopped myself right here. I began going on and on and in fact... YOUR POST RIGHT HERE, is the one that prompted me to write my hypothetical example that I just posted as some of the same reasons for visa denial might come up.

I wish you the very best. Believe me when I say, I identify with you!

[floridadave 195]

So far for me, your narrative truly hits home with me and indeed I identify with every facet of your journey. This is partly why I love this forum and over the years, I have read (from afar) many people's stories and I have learned a great deal from them as a result. I have found that 99% of the postings here to be both inspirational and beneficial.

As for the other 1%? Let's just say that not every suggestion or tidbit of advice is applicable or feasible. Of course, hiring a lawyer and moving to our spouse's country helps our case! But is this really an option for ALL OF US? I mean really?

If you meet a multi-millionaire and you ask him how he acquired his riches and he says, "Well, I simply bought Bowflex stock in the mid-1990s when it was selling for 7 cents a share on the Toronto Exchange and I sold my stock when it peaked out at $45.00 a share (after several splits) on the New York Stock Exchange. Of course, this is a great story to hear but seriously, just how REALISTIC is it to just tell others to just DO THE SAME?

I hope that it not inappropriate to create a hypothetical (albeit valuable example to serve as a case study) scenario here to see what would be a reccommended course of action as there are elements that mirror our stories. Why use a hypotherical example? For the sake of privacy and to not be invasive of anyone's real privacy. In true stories that became movies (Raging Bull, Rudy, etc...) they always use dramatic license as it can help create a stronger case to serve as an example.

Who cares that t

I stopped myself right here. I began going on and on and in fact... YOUR POST RIGHT HERE, is the one that prompted me to write my hypothetical example that I just posted as some of the same reasons for visa denial might come up.

I wish you the very best. Believe me when I say, I identify with you!

Thank you for your support. I am off to Beijing in a week, married soon after. FDR said, "So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance."

Not only speaking of the dire situation of our country at that time, but I deem rather appropriately prophetic considering the VO's at the GUZ IV.

I go to my fiancée shortly to marry her. I will have no fear. I just do what I gotta do. I read the story that you linked me to. Sad, yes. I also read the red flags there. Maybe I will have some luck as none of the 3 red flags will apply to me (thank God). After I file the I-130 but before the interview I will go back again. I must. If she is denied, and if I must live in China to succumb to my conditions shortly thereafter, then I will. At least I can be with her at the end.

Thanks again, and to you I also wish the best of luck and good forturne!

Edited April 2, 2011 by Still Hopeful

[Ryan H 3,840]

don't get over analytical on some things, but focus and analyze on the bits that matter.

The advice Darnell gives here about not getting over analytical on some things is very good.

[floridadave 195]

The advice Darnell gives here about not getting over analytical on some things is very good.

No more worries. I just do what I gotta do. I see your timeline/footnote. Congratulations and good luck to both of you in the future.

Edited April 3, 2011 by Still Hopeful

[pushbrk 13,267]

Short background. Last year I filed K-1 for my fiancee. As we were not ready at that time, I withdrew the petition and the case was "administratively closed" by USCIS "without prejudice." Next month I am headed to China to marry my fiancee. I intend to file the I-130 shortly after I return to the U.S. The longest she and I lived together will be 17 days. The wedding date is set, marriage dinner booked, etc.

2 questions:

1. Does Guangzhou consulate still handle all CR-1's?

2. The I-130 requires PROOF of a "FAMILY RELATIONSHIP" which can include: Any other relevant documentation to establish that there is AN ONGOING MARITAL UNION. Well....

We don't have any joint ownership in property yet, but I guess I can put her name on my condo title and send a copy of the title with the I-130. Will this help?

We don't have the other things either: NO joint tenancy lease, no docs showing co-mingling of financial resources, no common children.

This being said: How does one prove AN ONGOING MARITAL UNION when as she lives in China and I live in the U.S.? I thought about living in China, but too many serious health reasons require my U.S. doctors to regularly treat me.

I thought about using sworn and affirmed 3rd party affidavits having personal knowledge of the bona fides of the marital relationship. Not too hard to do. But what are "bona fides" for this purpose?

What we do have, or will have are:

Photos of us together

Soon, photos of us and other family members together

Boarding Pass copies,

Hotel receipts,

Wedding photos

Wedding dinner photos + receipts for the particulars.

Wedding ring receipt.

a genuine certified and translated Chinese marriage certificate.

Hundreds of emails, and a few snail mail letters

Chat records as we video chat almost daily now.

Screenshots of our chats that also show Official U.S. time in separate internet window

I think she's taking me to the Police to register my staying with her next month. Don't know if that would help.

But really, I marry her, then a month later file the I-130. Not much time to establish an ONGOING marital UNION. What Can I do? HELP!!!!!!!!!

What you have listed is just fine. No need to delay filing. When you go back and read those I-130 instructions again, consider anything you read following the words, "In addition to the required...." as simply, "NOT REQUIRED".

Concentrate, then on building the relationship and continue gathering evidence of communication and future visits, as all that will be needed at the Consulate stage, not with the petition.