Just Starting on K1

[Tig 0]

Hi Folks...I'm new here. Just joined today, and I have so many questions, and the embassy is not being to friendly, and can only direct me to Guangzhou Immigration...but that's more difficult to get questions answered when they are thousands of miles away.

Pretty much, I'm filing for a Fiancee Visa (K1)...I'm using this to get my fiancee Grace to the US in May, so that we can get married in Los Angeles. We plan to come back to live in China for the next few years still. But want the K1 visa so that we can get her to come U.S. (for the first time).

We were going to apply for the tourist visa, but they said that was out of the question if they knew we were planning to get married.

I'm pretty much lost out here...I'm supposed to file to Los Angeles, and just worried cause we're both out here in China...and no guidance. I'm so worried about all these forms, and they seem to be not so clear, or it might be me as well.

I have both the G325A and I129F filled out...and should I be sending a whole package of evidence now or later? What should I include when filing? I see they only ask for 2 photos of each of us within 3 months, and also my Naturalization photocopy. Am I missing anything? I don't have time to waste and can't miss anything in the processing...

I also see people's timeline about NOA1, and Touch...what is all this?

Looking for help...thanks beforehand...Tig.

[Donal78 0]

Hi Folks...I'm new here. Just joined today, and I have so many questions, and the embassy is not being to friendly, and can only direct me to Guangzhou Immigration...but that's more difficult to get questions answered when they are thousands of miles away.

Pretty much, I'm filing for a Fiancee Visa (K1)...I'm using this to get my fiancee Grace to the US in May, so that we can get married in Los Angeles. We plan to come back to live in China for the next few years still. But want the K1 visa so that we can get her to come U.S. (for the first time).

We were going to apply for the tourist visa, but they said that was out of the question if they knew we were planning to get married.

I'm pretty much lost out here...I'm supposed to file to Los Angeles, and just worried cause we're both out here in China...and no guidance. I'm so worried about all these forms, and they seem to be not so clear, or it might be me as well.

I have both the G325A and I129F filled out...and should I be sending a whole package of evidence now or later? What should I include when filing? I see they only ask for 2 photos of each of us within 3 months, and also my Naturalization photocopy. Am I missing anything? I don't have time to waste and can't miss anything in the processing...

I also see people's timeline about NOA1, and Touch...what is all this?

Looking for help...thanks beforehand...Tig.

Dont stress, help is at hand. Just click on the FAQ section of this site.It will have most of the answers for you.

I dont know how the chinese consolate works but i would file with the american embassy in china first. There is a china section in one of the forums below. http://www.visajourney.com/forums/index.php?showforum=94 Best of luck.

I got my k1 visa and my fiance lives with me here in ireland. I cant see why you cant.

Edited February 23, 2006 by galwayman

[aussiewench 9]

The K-1 visa should not be used as simply a replacement for a visitors visa. The K-1 is for those with intentions to marry and adjust status to be a resident of the US. Are you also aware that she will be required to stay until she adjusts status and gets her AP (advanced parole to travel), which can take some time.

Lorelle

[Jasman0717 9]

Hi Folks...I'm new here. Just joined today, and I have so many questions, and the embassy is not being to friendly, and can only direct me to Guangzhou Immigration...but that's more difficult to get questions answered when they are thousands of miles away.

Pretty much, I'm filing for a Fiancee Visa (K1)...I'm using this to get my fiancee Grace to the US in May, so that we can get married in Los Angeles. We plan to come back to live in China for the next few years still. But want the K1 visa so that we can get her to come U.S. (for the first time).

We were going to apply for the tourist visa, but they said that was out of the question if they knew we were planning to get married.

I'm pretty much lost out here...I'm supposed to file to Los Angeles, and just worried cause we're both out here in China...and no guidance. I'm so worried about all these forms, and they seem to be not so clear, or it might be me as well.

I have both the G325A and I129F filled out...and should I be sending a whole package of evidence now or later? What should I include when filing? I see they only ask for 2 photos of each of us within 3 months, and also my Naturalization photocopy. Am I missing anything? I don't have time to waste and can't miss anything in the processing...

I also see people's timeline about NOA1, and Touch...what is all this?

Looking for help...thanks beforehand...Tig.

Dont stress, help is at hand. Just click on the FAQ section of this site.It will have most of the answers for you.

I dont know how the chinese consolate works but i would file with the american embassy in china first. There is a china section in one of the forums below. http://www.visajourney.com/forums/index.php?showforum=94 Best of luck.

I got my k1 visa and my fiance lives with me here in ireland. I cant see why you cant.

I agree

[Jaylen Brit 0]

NOA1 is just a notice of reciept of paperwork issued to the applicant by the service center - if you are in LA your service center will be California.

Touch means someone AT the center picked up and did 'something' to your paperwork and made a note of it.

K1 visas can take an average of 6 months to issue if they go thru without any problems - some take a lot longer - and a few take less.

You mention a time issue - you could always travel to China and marry THERE if time is such an issue, as you will also be living there also.

If you prefer to marry in the US, as aussiewench says, you will have to adjust status before your finacee will be allowed to leave the country - if you leave before AOS it will be seen as abandonment of adjustment and any re-entry will need another visa - a K3 spousal visa - when you eventually return to live in the USA.

Be aware that AOS MAY take up to a year to complete - again it may take longer - or be shorter.

Before you file for a K1 you really need to sort out your plans in full, taking all these things into account.

[pax 0]

The K-1 visa should not be used as simply a replacement for a visitors visa. The K-1 is for those with intentions to marry and adjust status to be a resident of the US. Are you also aware that she will be required to stay until she adjusts status and gets her AP (advanced parole to travel), which can take some time.

Lorelle

That's not entirely true. She's not required to do anything after she enters on the K-1 visa if she decides to go back to China once her 90 days are up.

I see what the OP is saying: chances are not good for a young, single Chinese woman with an American fiance to get a B-2 visa to come to the States. He and his fiancee wish to marry in the States and then return to China, which would be a perfectly valid reason to get a B-2 visa, should they pursue that. What is *supposed* to happen with the K-1 visa is that the K-1 holder enters, marries the USC, and applies to adjust status to LPR. That's clearly not the intention in this case. But my point is that nothing would happen if they didn't hang around and the Chinese now-wife didn't file for LPR. As long as she doesn't start accumulating unlawful presence (i.e. she leaves with her American husband to go back to China before her 90 days are up), she wouldn't have necessarily violated the terms of the visa.

That said, though, the K-1 visa really isn't the appropriate visa. It is intended for foreign citizens to enter, marry, and adjust status, not to bypass a tourist visa. A K-1 probably isn't going to be any easier to get in Guangzhou than a tourist visa, from what I've heard. My advice to the OP is to pursue the appropriate visa for your situation--in your case, the B-2 tourism visa--and when you do so, accompany your fiancee to the interview (if possible) and provide as much documentation as possible of your intentions to return to China together. Then, if you want to go back to the States later, you can pursue the CR-1/IR-1 visa.

Good luck.

Edited February 23, 2006 by pax

[desert_fox 32]

I would disagree also. There is no reason why you cant enter the US, and just leave within the 90 days. There is no law that sez that you have to adjust status before you can leave.

The K1 will be worthless for any future immigration benefit, and you have to apply for another visa if some day you decide to live in the US.

Doubt that you will get it by May though.

[pax 0]

Ouch...by May? I missed that one.

When I offer you "good luck" with getting the visa, whatever kind you're looking for, by May, I mean that sincerely. From what I hear, Guangzhou is backlogged 4-6 months.

[aussiewench 9]

I would disagree also. There is no reason why you cant enter the US, and just leave within the 90 days. There is no law that sez that you have to adjust status before you can leave.

True but its also not meant to be used to bypass a tourist visa as the OP clearly wishes to do.

[john_and_marlene 162]

Sometimes what we WANT to do just doable within the constraints of our personal desires, time constraints, and the rules of the USCIS. There is not always a valid path to meet our preferences. Sometimes you have to adjust to the reality of life. I would not recommend applying for any visa for purposes other than it's intended use. If you want to get married and live in China, then you don't need a U.S. visa to do that. If you don't intend to establish residence in the U.S. then the K visas are not appropriate. A Direct Consular Filing is appropriate in this case.

[pax 0]

One more thing: the OP should also be aware that misrepresenting your intentions to get a K-1 visa (e.g. telling the interviewing officer that your fiancee plans to adjust status in the States) will seriously jeopardize, if not completely ruin, any chance your fiancee might have at a future visa. If she gets a K-1 and returns to China with you, and there's enough evidence to suggest that that was the plan all along, a CO might feel later on that she misrepresented herself to get the K-1 visa, and your hopes for a CR-1/IR-1 in the future will next to nil.

I really think you ought to pursue the B-2. IMHO. Again, if you can accompany her and show strong intentions for you both to return to China (do you have a home there? a business? other relatives? etc. etc.), I would think her chances of getting the B-2 might actually be pretty good.

Sometimes what we WANT to do just doable within the constraints of our personal desires, time constraints, and the rules of the USCIS. There is not always a valid path to meet our preferences. Sometimes you have to adjust to the reality of life. I would not recommend applying for any visa for purposes other than it's intended use. If you want to get married and live in China, then you don't need a U.S. visa to do that. If you don't intend to establish residence in the U.S. then the K visas are not appropriate. A Direct Consular Filing is appropriate in this case.

The OP wants to marry in the States.

One more reason why the K-1 won't be appropriate...

http://www.visajourney.com/forums/index.php?showtopic=3287

A recent approval in China. 9 months from filing the petition to receipt of visa. How do you feel about a December wedding?

[desert_fox 32]

I still think that it is very appropriate to use a K1 to enter the US to get married and leave. You are not required anywhere that I remember to state of promise that you intend to live in the US. You do state that you understand that you are required to get married within 90 days, but nothing more.

Perhaps a B2 tourist would be more appropriate, but the chance of getting one are virtually nil, and hence the K1.

[pax 0]

Perhaps a B2 tourist would be more appropriate, but the chance of getting one are virtually nil, and hence the K1.

Again, I disagree. The OP has stated an intent to return to China. This leads me to believe that he himself, the USC, has significant ties to China; most likely a job/business or property. If these ties can be documented properly and he can intend the interview with his fiancee to clarify and strengthen their mutual intent to return to China, I see no reason why a B-2 visa would not be granted.

Besides, they are never ever ever going to see a K-1 visa by May.

[john_and_marlene 162]

The OP wants to marry in the States.

And I want my AOS without fees or wait. I'm not gonna get it just because I want it.

I still think that it is very appropriate to use a K1 to enter the US to get married and leave. You are not required anywhere that I remember to state of promise that you intend to live in the US. You do state that you understand that you are required to get married within 90 days, but nothing more.

Perhaps a B2 tourist would be more appropriate, but the chance of getting one are virtually nil, and hence the K1.

Isn't the intent of the K visas to rejoin couples in a shorter time? ... They are already joined.

[pax 0]

The OP wants to marry in the States.

And I want my AOS without fees or wait. I'm not gonna get it just because I want it.

Sheesh, that's a bit harsh. I thought the point of the thread was to suggest to the OP how he might accomplish the goal of having his wedding in the States.

The OP stated that he plans to marry his Chinese fiancee stateside. Granted, he's up against some challenges. That doesn't mean we shouldn't suggest to him honestly and completely the avenues available to him.