Petitioning for K1 visa from China as resident

[TheanneAndRicardo 1]

Hi All,

My Fiance and I are planning to start a petition for a K1 visa soon. He is from Chile and I am a US citizen. He will be living in China and have temporary residence there for about a year starting in March 2012. I was informed that we can petition in China at the US embassy/consulate being that he will be a legal resident of that country. I was wondering if anyone has done this before and if there are any tips/advice? My main concern is that he will be living in a dorm and I am worried about the mailing of official documents, etc. Is it possible to buy a PO box in China to have the forms sent to? Generally speaking, how is the processing of K1 visas in China compared to other countries? Thanks so much for any advice!!

Theanne

[NigeriaorBust 4,087]

In country filing is only for spouses and only countries that have a USCIS post there.

[beejay 123]

In country filing is only for spouses and only countries that have a USCIS post there.

I don't think the OP is asking about DCF. Also it is worth mentioning that it is possible to file a k-1 while living abroad, it just creates complications with the affidavit of support, which can be overcome with the use of a co-sponsor in most circumstances.

But I believe the OP will be living in the US and it is her fiance who will be living in China when she files the K-1 petition. I think she is just new to the process and therefore mistakenly wrote that she will be sending the petition to China rather than to the lockbox in the US which will then be forwarded to her service center and eventually end up in China.

VJ K-1 flowchart

[TheanneAndRicardo 1]

I don't think the OP is asking about DCF. Also it is worth mentioning that it is possible to file a k-1 while living abroad, it just creates complications with the affidavit of support, which can be overcome with the use of a co-sponsor in most circumstances.

But I believe the OP will be living in the US and it is her fiance who will be living in China when she files the K-1 petition. I think she is just new to the process and therefore mistakenly wrote that she will be sending the petition to China rather than to the lockbox in the US which will then be forwarded to her service center and eventually end up in China.

VJ K-1 flowchart

Yes, pardon. I am new to this! I will be filing in the USA and my fiance will be living in China. I would just like to have his interview to take place in China. What type of complications with the affidavit of support could this create (or other complications for that matter if you know of any?) Sorry for the confusion! And thanks for the advice

[beejay 123]

Yes, pardon. I am new to this! I will be filing in the USA and my fiance will be living in China. I would just like to have his interview to take place in China. What type of complications with the affidavit of support could this create (or other complications for that matter if you know of any?) Sorry for the confusion! And thanks for the advice

Sorry, I didn't mean to confuse you but that part doesn't apply to you as you will be living in the U.S. when you file and your income will count towards your affidavit of support.

[LBeachey 44]

Well, Guangzhou (China Consulate that handles all K1/CR-1) can be a tough nut but other non-Chinese have successfully gone that path.

Some thoughts:

1. Is your fiance fluent in English? GUZ only does interviews in Chinese and English.

2. Generally, GUZ sends everything by EMS (equivalent of USPS Express in the US) which is pretty reliable. He doesn't have to use his dorm if he can find a friend. I don't see this as a huge issue.

3. How well can you document your relationship? Is there a reason why you want to do K-1 rather than get married and a CR-1? Frontload your petition with all evidence of your relationship, it helps when you get to GUZ.

4. Make sure he has all of his documents translated into English before he leaves Chile. This will be diificult in China.

5. He will likely need a police report from China, this is addressed on this forum.

6. Where in China is he going? Hopefully Beijing/Shanghai/Guangzhou - that will be easier.

[TheanneAndRicardo 1]

Well, Guangzhou (China Consulate that handles all K1/CR-1) can be a tough nut but other non-Chinese have successfully gone that path.

Some thoughts:

1. Is your fiance fluent in English? GUZ only does interviews in Chinese and English.

2. Generally, GUZ sends everything by EMS (equivalent of USPS Express in the US) which is pretty reliable. He doesn't have to use his dorm if he can find a friend. I don't see this as a huge issue.

3. How well can you document your relationship? Is there a reason why you want to do K-1 rather than get married and a CR-1? Frontload your petition with all evidence of your relationship, it helps when you get to GUZ.

4. Make sure he has all of his documents translated into English before he leaves Chile. This will be diificult in China.

5. He will likely need a police report from China, this is addressed on this forum.

6. Where in China is he going? Hopefully Beijing/Shanghai/Guangzhou - that will be easier.

thanks for such a complete answer!!

1) Yes he is fluent in English

2) Good to know. I was worried about the mail system in China

3) We have been together 5+ years and have pics, boarding passes, emails etc to prove it. We also lived together in Chile for two years and have a lease/bills with our names on them. We would like to do a K-1 because we want to get married in the US. He doesn't have much family and I do, so we would like to get married here to have all my family present and just fly over the few family members he has.

4) Sounds good. We were planning on doing this

5) I will look for that post. He will also need one from Chile I am assuming?

6) He will be living in Shenzhen. That isn't terribly far from Gaungzhou right?

What specifically makes Guangzhau so difficult?

Thanks again for such as complete answer!

Sorry, I didn't mean to confuse you but that part doesn't apply to you as you will be living in the U.S. when you file and your income will count towards your affidavit of support.

great thanks again!

[MalaysianGirl 26]

5) I will look for that post. He will also need one from Chile I am assuming? I believe so, yes.

6) He will be living in Shenzhen. That isn't terribly far from Gaungzhou right? Shenzhen is around the south of China; based on the map of China, Shenzhen isn't terribly far from Guangzhou.

What specifically makes Guangzhau so difficult? I imagine it is high fraud? Not sure. [Forgive me if I am wrong.]

[TheanneAndRicardo 1]

If high fraud is the reason I'm not too worried. We met in person while I was studying abroad and have been together 5+ years and have many ways to document our relationship (or does this not matter and I should still be worried?) Thanks!

[MalaysianGirl 26]

If high fraud is the reason I'm not too worried. We met in person while I was studying abroad and have been together 5+ years and have many ways to document our relationship (or does this not matter and I should still be worried?) Thanks!

I don't believe you have cause to be worried; I think that it isn't so much the bonafide-ness of your relationship when it comes to the Guangzhou consulate, but more of the consulate's strictness. But in general, if the couple is truly bonafide, they do not need to fear or worry, but to have faith and confidence that they will be approved.

[TheanneAndRicardo 1]

I don't believe you have cause to be worried; I think that it isn't so much the bonafide-ness of your relationship when it comes to the Guangzhou consulate, but more of the consulate's strictness. But in general, if the couple is truly bonafide, they do not need to fear or worry, but to have faith and confidence that they will be approved.

Great. Thanks so much for your help!

[LBeachey 44]

Other suggestions and thoughts

1. Yes, Guangzhou is a high-fraud consulate but the typical fraud they are looking for is Chinese women possibly defrauding American men (though to be fair this is not the only type of fraud going on).

2. Do you know what type of visa your fiance will be on in China. It is a student visa or residence permit? He may need to prove residence in China. Shenzhen is right next to Guangzhou but is also right on the border with Hong Kong. There is a separate Hong Kong consulate but you have to be resident of Hong Kong or Macau. Guangzhou may want to see evidence of Chinese Mainland residence. You might want to send an inquiry here: http://guangzhou.usembassy-china.org.cn/immigrant-visa-unit-question.html and explain your plan to see what they might require.

3. Make sure you write an EOR (Evolution of Relationship) Letter detailing the history of your relationship and explain why you want to get married in the US. Your case is certainly atypical for GUZ but many GUZ watchers think they can be tougher on K-1 than CR-1 and want to know why you didn't get married.

4. The other advantage to Shenzhen is there is a large foreign presence and so places like the Police Security Bureau when it comes to the police report will be easier to deal with. Yes, he needs one from Chile as well and it needs to be less than a year when he interviews.

5. When it comes to GUZ, it is better to be over prepared than under prepared. Don't take the bona-fideness of your relationship for granted, be a little paranoid and you should be fine. That is why you need to front-load all your evidence with the petition.

[TheanneAndRicardo 1]

Other suggestions and thoughts

1. Yes, Guangzhou is a high-fraud consulate but the typical fraud they are looking for is Chinese women possibly defrauding American men (though to be fair this is not the only type of fraud going on).

2. Do you know what type of visa your fiance will be on in China. It is a student visa or residence permit? He may need to prove residence in China. Shenzhen is right next to Guangzhou but is also right on the border with Hong Kong. There is a separate Hong Kong consulate but you have to be resident of Hong Kong or Macau. Guangzhou may want to see evidence of Chinese Mainland residence. You might want to send an inquiry here: http://guangzhou.usembassy-china.org.cn/immigrant-visa-unit-question.html and explain your plan to see what they might require.

3. Make sure you write an EOR (Evolution of Relationship) Letter detailing the history of your relationship and explain why you want to get married in the US. Your case is certainly atypical for GUZ but many GUZ watchers think they can be tougher on K-1 than CR-1 and want to know why you didn't get married.

4. The other advantage to Shenzhen is there is a large foreign presence and so places like the Police Security Bureau when it comes to the police report will be easier to deal with. Yes, he needs one from Chile as well and it needs to be less than a year when he interviews.

5. When it comes to GUZ, it is better to be over prepared than under prepared. Don't take the bona-fideness of your relationship for granted, be a little paranoid and you should be fine. That is why you need to front-load all your evidence with the petition.

Wow thanks so much for such detailed answers! I really do appreciate it.

1) I plan to go visit him in China while he is there, probably before we start in the application in a few months. Would that help as evidence if I have my boarding pass from that stay?

2) He will be on a student X visa. He will have to apply for a residency permit 30 day after entering the country, no? So this should give him residency in mainland China. Though he may visit Hong Kong, he won't be a resident there. I will check out the website thanks!

3) will do!

4)That's good to know. Will we have to have the criminal report translated from Chinese to English?

5) I think we have a lot of good evidence (ie boarding passes of trips we took together, him visiting me in the states, my chilean and student visas in my passport, my expired chilean national ID, pics to support all this) so I will make sure to include EVERYTHING possible!

If it weren't for the fact that it is very important to me that my family be at the wedding, we would probably just get married and apply for the CR-1. It is true, but does that sound like a valid reason for GUZ?

Thanks again for all your help!!!

[LBeachey 44]

Anything you need to have translated from Chinese to English. You need to have done at the China Notary. Once your fiance is in China, a Chinese friend can help.

See this entry : http://www.visajourney.com/forums/topic/228853-notarial-birth-certificate/page__p__3552037#entry3552037

I am not trying to scare you but these are the questions I have that may or may not be an issue at the interview. Like I said be paranoid, be prepared, and hopefully you get a quick five question interview and approval.

You say you have been together five years. Do you have a religious reason why you can not just go to City Hall/JP to get legally married? A separate religious ceremony or party can be held whenever you choose. How hard would it be to get married in Chile? Is he able to get a visa to the US? Could you get married while he was in the US, he exits the US and you pursue a CR-1. Just so you know, it would not be that difficult to get married in Hong Kong or mainland China when you go and visit him. Address this in the EOR statement

Also any previous marriages on either side? If so any overlap between that relationship and your relationship now? Or any previous immigration petitions?

[TheanneAndRicardo 1]

Anything you need to have translated from Chinese to English. You need to have done at the China Notary. Once your fiance is in China, a Chinese friend can help.

See this entry : http://www.visajourney.com/forums/topic/228853-notarial-birth-certificate/page__p__3552037#entry3552037

I am not trying to scare you but these are the questions I have that may or may not be an issue at the interview. Like I said be paranoid, be prepared, and hopefully you get a quick five question interview and approval.

You say you have been together five years. Do you have a religious reason why you can not just go to City Hall/JP to get legally married? A separate religious ceremony or party can be held whenever you choose. How hard would it be to get married in Chile? Is he able to get a visa to the US? Could you get married while he was in the US, he exits the US and you pursue a CR-1. Just so you know, it would not be that difficult to get married in Hong Kong or mainland China when you go and visit him. Address this in the EOR statement

Also any previous marriages on either side? If so any overlap between that relationship and your relationship now? Or any previous immigration petitions?

I think we can address all those questions. Can you let me know what you think of my answers (from the point of view of my fiance who will be interviewed):

We don't have specific religious reason to not get married in City Hall/JP. In fact, we will probably have a small ceremony in the USA before the actual wedding. But for my fiancee, it is very important to have her close family at the civil ceremony. She is her parents only child and very much wants them to be present. Due to health issues, it would be very difficult for her mother to travel out of the country for a civil ceremony elsewhere. My family in Chile is small and we plan to invite them for the official ceremony after the small ceremony. It would not be hard to marry in Chile, however as I mentioned it is very important to my fiancee to have her family present. I have been granted a tourist visa that is valid for multiple entries for ten years and have visited my fiancee twice on this visa with no problems. I don't want to get married in the USA without the appropriate K1 visa, so I wouldn't get married in the USA and then leave. If I am granted a K1 visa will be able to been with my then wife while we await the AOS, instead of having to leave her.

How does this sound? I will definitely put something like this in the EOR