Just Starting on K1

[pax 0]

While it may be ok to cover the bases and file a I-129F in case things so south with the B2, I do not believe that the OP should deny themselves of the visa. Based on their circumstances, I think they have an excellent shot at getting it and it is definitely the more appropriate visa for this case.

If they were to go through with the K visa, the OP and his fiancee need to be explicit about the fact that they have no intention of immigrating to the US at that time and are using it to be able to travel to the US for the purpose of marrying in the US and then returning to China.

I don't not know how the Immigrant Visa unit of the consulate in Guangzhou would take such an admission and whether or not they would approve or deny the visa since the intent of the K1 visa is to remain in the US. If it weren't, it would be processed by Immigrant Visa Units, it would be processed by non-immigrant visa units and the fianancial support and medical provisions wouldn't be required.

Regardless, for the proposed intent of the OP, the B2 visa is the visa that meets their intent. They should apply for it at their closest consulate (doesn't have to be Guangzhou), with the necessary evidence of their intention and the OP's significant ties to China, and let the chips fall where they may.

:thumbs:

[john_and_marlene 162]

That's assuming you have already submitted a valid 129F applicaton and gained approval which requires the USC to reside in the U.S.

Sec. 214.2(k) Spouses, Fiancees, and Fiances of United States Citizens.

To be classified as a fiance or fiancee as defined in section 101(a)(15)(K)(i) of the Act, an alien must be the beneficiary of an approved visa petition filed on Form I - 129F. The petition with supporting documents shall be filed by the petitioner with the director having administrative jurisdiction over the place where the petitioner is residing in the United States.

I just realized that I didn't say Sec. 214.2 of what

That's Title 8 Code of Federal Regulations

[Tig 0]

Wow, thanks everyone...looks like I'll try with the tourist visa, and see what happens. I guess what everyone is saying is that the K-1 visa should be used if my fiancee and I decides to live in US. And we do not intend to when we fly back to visit the family.

Does any one have information, if we get married in China...and what is the procedure to apply for a green card?

[meddykomp 0]

If you get married in China, you would file an I-130 to petition for your spouse to get a CR-1 or IR-1.

[*Robert* 2]

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.

Pax is right, in that if the USC can show he is NOT living in the U.S., and is working and living outside the U.S., it will be much easier to obtain a B2 visa for his fiancee.

For example, while living in the Marshall Islands, I was able to get B2 visa's for my ex-wife and her 3 children from Thailand. We needed them in order to travel through Guam or Hawaii. But they were still good to go to the mainland. My ex-wife got a two year B2, and the three girls got 5 year B2s. The CO at the Consulate in Chiang Mai had recommended this course of action over any other, and also said how important it was to show I didn't have ties to the U.S. and was not trying to "immigrate" my ex-wife and her children to the U.S.

It is way better to get the proper visa, and not commit any type of visa fraud. Being completely honest is always the best policy, and can avoid serious legal, and immigration, problems in the future.

[STL_HCMC 0]

Wow! That was a lot of reading - with a few sharp debates in the middle.

I apologize if I'm jumping in on anothers topic, but perhaps my situation could be an example for what you all are trying to explain. Or perhaps you might have some news to tell me about my situation.

I'm living/working in Ho Chi Minh City, Vietnam and have applied for a K-1 Visa. If/when the visa is granted we INTEND to move back to St. Louis and begin a new life. I still maintain a domicile (my parents home; my last residence before moving to Vietnam in 5/2005) in the United States (i.e. receive mail, do financial transactions through this address, vote, etc.).

I consider my living/working in Vietnam as temporary. Is the K-1 Visa the appropriate visa for our situation based on all of the information you all have shared and debated above?

Apologies in advance to Mr. Tig for jumping in on the tail end of your post! I just thought it was easier this way since everyone is gathered and shared on this post already.

STL_HCMC

[raphael7546 0]

see this is why this whole immigration thing is flawed. There should be a separate visa for people who want to get married stateside but not live there right away.

This is what we came up against when we had planned on getting married in the states but I wasn't planning to move there right away.

The Embassy told me just go as if your visiting and then get married ( The EMBASSY TOLD ME THIS)

So when I went to do this I was denied entry. I was told by the customs guy I needed a K-1 to marry.

Then I called the embassy back and they said I didn't need a K-1 that was people who were getting married in the USA and intending to live there.

The embassy even spoke to this custom guys supervisor and he said I could go thru without the K-1

But, when I got there, I got the same customs guy I had before and he was adamant that I needed a K-1 and refused to let me speak to his supervisor.

We ended up getting the K-1 and I had to move down here without my daughter ( this was the main reason I DIDN"T want to move right after I married. ) My daughter couldn't move here legally. So now I'm down here and separated from my little girl thanks to Immigrations B.S.

[pax 0]

Wow! That was a lot of reading - with a few sharp debates in the middle.

I apologize if I'm jumping in on anothers topic, but perhaps my situation could be an example for what you all are trying to explain. Or perhaps you might have some news to tell me about my situation.

I'm living/working in Ho Chi Minh City, Vietnam and have applied for a K-1 Visa. If/when the visa is granted we INTEND to move back to St. Louis and begin a new life. I still maintain a domicile (my parents home; my last residence before moving to Vietnam in 5/2005) in the United States (i.e. receive mail, do financial transactions through this address, vote, etc.).

I consider my living/working in Vietnam as temporary. Is the K-1 Visa the appropriate visa for our situation based on all of the information you all have shared and debated above?

Apologies in advance to Mr. Tig for jumping in on the tail end of your post! I just thought it was easier this way since everyone is gathered and shared on this post already.

STL_HCMC

Yes, I think so.

I'm glad that Tig found this thread again, btw! Hope everything is going well for you and your fiancee, Tig.

[zyggy 9]

Wow, thanks everyone...looks like I'll try with the tourist visa, and see what happens. I guess what everyone is saying is that the K-1 visa should be used if my fiancee and I decides to live in US. And we do not intend to when we fly back to visit the family.

Does any one have information, if we get married in China...and what is the procedure to apply for a green card?

Yes.. you can file an I-130 with your local US Consulate... Once the I-130 is approved, your spouse will be scheduled for an interview in Guangzhou for a CR-1 visa. This process is known on this site as DCF... There is a forum about it on this site...

Wow! That was a lot of reading - with a few sharp debates in the middle.

I apologize if I'm jumping in on anothers topic, but perhaps my situation could be an example for what you all are trying to explain. Or perhaps you might have some news to tell me about my situation.

I'm living/working in Ho Chi Minh City, Vietnam and have applied for a K-1 Visa. If/when the visa is granted we INTEND to move back to St. Louis and begin a new life. I still maintain a domicile (my parents home; my last residence before moving to Vietnam in 5/2005) in the United States (i.e. receive mail, do financial transactions through this address, vote, etc.).

I consider my living/working in Vietnam as temporary. Is the K-1 Visa the appropriate visa for our situation based on all of the information you all have shared and debated above?

Apologies in advance to Mr. Tig for jumping in on the tail end of your post! I just thought it was easier this way since everyone is gathered and shared on this post already.

STL_HCMC

A k1 is definitely feasible for your situation, but the better situation for you is probably to get married in Vietnam and file an I-130 at your local US Consulate in Vietnam (HCMC or Hanoi). Once the I-130 is approved, your spouse will be scheduled for an interview in HCMC. This is usually a much quicker method and the end result is a CR-1 visa whcih leads to permanent residency one the alien enter the US. A mush better visa than the K-1.

Edited March 13, 2006 by zyggy

[rosyanne 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.

If you plan to get the Visa for her before May through K1, you will be disappointed.

The fastest way will be you two get married there and fill in CR1 from direct consulate.

Hope this helps.

Anne

[MadisonBrown 0]

Hello to all,

I was reading with great interest all of your comments because I have the exact same situation. I am in France and plan to return here...in fact I was recently approved for medical reasons to stay here and I am awaiting goverment paperwork here in France. However I want to get married in the US, by one of my dearest friends. My fiance is french. When I looked at the DS-156K Nonimmigrant Fiancee visa application which is autorized under Section 222C of the Immigration and Nationality Act, I wondered if this is the way I should go. It. is used with the DS 156 which is required for the I-129

I noticed that the F1-129 is a requirement for the K3 visa and all the comments seems to say this is not the way to go for a fiance. It seems this is the form DS-156K Nonimmigrant Fiancee Visa Application is to be used with the Form DS-156 for a visa that is nonimmigrant and for a fiancee. I would like to know if I can use this with my I-129.

I am also perplexed by another matter...if the USCIS hasn't this idea in mind, why do they give in their instructions for the F1 to send the paperwork for processing to the service center of the area where you lived lastly in the US...stating that the F1 could also be used because of the citizenship. This indicating that one does not have to have residency in the US for the K1.

I was told that the US does not really embrace the concept that others do not want to live in the US and therefore everyone must be thoroughly approved if they are empowered with that possibility. I think that the political atmosphere there is such that regardless of technicalities, I need to do what the state wants in order for the state to feel secure. 9-11 changed the mentality and I am not sure if all the paperwork has as of yet been updated to reflect that change. It seems that the key is that the citizenship opens the possibility for immigration, so with that possibility is the requirement for qualifying for immigration.

I don't know, and I really need to know. I do not purposely lie and so I have no intention of misrepresenting anything to anyone. I just want to complete the correct government procedure. I didn't see any mention of this form in your correspondance. Yet, you all seem to be very well versed, ..Can anyone help?

[Tig 0]

This has been very informative...THANK YOU everyone.

So let's get things straight one more time...

K-1 - means getting married in the U.S. and also residing after

if people are planning to return to their aboard country (as me Shanghai, China)...I should not apply for this visa, cause I will run into problems.

Travel Visa - we can get this visa, and get married in the U.S. cause we have no intention to stay during this time. Need to show that we have strong ties to China, but heard that even if we might think we have shown this, we might get rejected.

B-1 - we can get married in China, and in the future apply for this Visa.

[meauxna 15]

I don't know, and I really need to know. I do not purposely lie and so I have no intention of misrepresenting anything to anyone. I just want to complete the correct government procedure. I didn't see any mention of this form in your correspondance. Yet, you all seem to be very well versed, ..Can anyone help?

You need to start your own thread--your situation is not really the same.

Please check your terminologies and repost and state what it is that YOU are trying to accomplish.

[meauxna 15]

This has been very informative...THANK YOU everyone.

So let's get things straight one more time...

K-1 - means getting married in the U.S. and also residing after

Correct. K-1 comes to the US, marries within 90 days, remains in the US and applies for Permanent Residence.

Travel Visa - we can get this visa, and get married in the U.S. cause we have no intention to stay during this time. Need to show that we have strong ties to China, but heard that even if we might think we have shown this, we might get rejected.

Correct. People do travel to the US to do this all the time; you want to emphasize your (USC) ties abroad.

B-1 - we can get married in China, and in the future apply for this Visa.

Incorrect. B visas are the "tourist" or "Travel" (as you called it above) visas. They are for coming to the US for a visit.

When you decide that you are ready to move to the US, regardless of where you married, you two can petition + apply in China for an Immigrant Visa (often called CR-1 or IR-1).