My Fiancee Wants To Pursue Another Option

[notmuch88tosay 21]

Hello,

Let me try to explain this complex situation now...

My fiancee had some difficulties in her life regarding her family situation and so we had to use the 1 year extension.

The K1 Fiancee Visa that me and my fiancee have is going to expire in five days.

My fiancee says she still does not have a copy of her Birth Certificate or Chinese Passport (Getting her to do anything is like trying to get a Panda Bear to play the guitar).

There is no way she can get a copy of her birth certificate and Chinese Passport in five days. Her birth certificate is a long train ride away.

The Immigration Attorney I hired (Fire Breathing Dragon) which I recently fired, put fear into my Fiancee's mind by insisting that she had to pass an English test. My fiancee has been very worried about failing the Visa Interview as a result.

Because of this, I *think* my fiancee changed her mind about the K1 Visa awhile back and decided she wants to pursue a Marriage Visa instead (I could not leave my fiancee for another Chinese woman if she failed the K1 Visa Interview, if I was married to her; I would have to divorce her first). She has wanted a traditional Chinese Wedding Ceremony from the beginning.

We have been discussing our options and she appears to be leaning towards applying for a Marriage Visa.

Questions:

* If we are to abandon our K1 Fiancee Visa and pursue a Marriage Visa instead, do I have to do anything in regards to the K1 Fiancee Visa before applying for a Marriage Visa?

* And should I use the Web Form to nofiy the U.S. Consulate in China of our plans and provide an explanation?

* Any potential problems?

notmuch88tosay

[Harsh_77 718]

What you mean is your petition is going to expire in 5 days, not your K1 visa. Your fiancé does not have the K1 visa as of now.

The big and major problem that you have either way K1 or CR1 (Visa based on marriage) would need your fiancé to have a Passport, Birth Certificate and police clearance certificates etc.

So first thing first she needs a passport.

You really do not have to notify USCIS about change in plan, you can get married and let K1 run out once you are married you can file for CR1.

[notmuch88tosay 21]

What you mean is your petition is going to expire in 5 days, not your K1 visa. Your fiancé does not have the K1 visa as of now.

The big and major problem that you have either way K1 or CR1 (Visa based on marriage) would need your fiancé to have a Passport, Birth Certificate and police clearance certificates etc.

So first thing first she needs a passport.

You really do not have to notify USCIS about change in plan, you can get married and let K1 run out once you are married you can file for CR1.

Hi Harsh_77,

Thanks so much for your reply and for the info.

Yes, I do understand that my fiancee will definitely need to have her Passport, Birth Certificate and police certificates, etc.

She told me last night that she wants me to come to China to accompany her to get the copy of her Birth Certificate.

Glad to know I don't have to notify USCIS about the change in plan. But could not doing so help or hurt our new petition?

Thanks again,

notmuch88tosay

[QueenE 174]

Cant you apply for an extension? Have you received your noa2?

[Harsh_77 718]

Hi Harsh_77,

Thanks so much for your reply and for the info.

Yes, I do understand that my fiancee will definitely need to have her Passport, Birth Certificate and police certificates, etc.

She told me last night that she wants me to come to China to accompany her to get the copy of her Birth Certificate.

Glad to know I don't have to notify USCIS about the change in plan. But could not doing so help or hurt our new petition?

Thanks again,

notmuch88tosay

It does not help nor hurt your new petition..... the new petition follows its own routine with no repercussion.

She might get asked during interview what happen and why the K1 was not followed up, for which the simple answer is you guys just decided to get married while waiting for K1.

The main thing is it does not have any negative effect on your new petition.

[notmuch88tosay 21]

Cant you apply for an extension? Have you received your noa2?

Hi QueenE,

Thanks for your reply.

We have received our NOA2 awhile back.

We have already used the automatic 1 year extension granted for China applicants.

We could apply for another extension and I did bring that up with my Fiancee, but as I have been told and as I told her, there is no guarantee it would be granted.

And if my fiancee then was not able to get her birth certificate and Chinese Passport by the 2nd extension deadline, I don't know how that would affect our future visa applications.

notmuch88tosay

It does not help nor hurt your new petition..... the new petition follows its own routine with no repercussion.

She might get asked during interview what happen and why the K1 was not followed up, for which the simple answer is you guys just decided to get married while waiting for K1.

The main thing is it does not have any negative effect on your new petition.

Thanks so much for the info Harsh_77,

Sincerely appreciate it.

Take care,

notmuch88tosay

[Mogambi 96]

Well here are my thoughts.

First, it would be a shame to throw away all the work you've done now, only to have to start all over with a CR1 Marriage visa. I think if you get one more extension, you should consider it.

Second, while I understand that it might be a 'train ride away', if your fiancé isn't willing even to invest some of HER time into this process, might that mean something else? I mean, this is not an easy process, but if she's not even willing to get a birth certificate.... She's going to need that no matter WHAT visa route you attempt, so she's better off just DOING it. And also obviously getting her passport as well. While I'm sure there is paperwork and stuff in getting those, neither is THAT hard to get.

As far as I know, there is no english proficiency test for a K1 or CR1 visa. There might be for a Citizenship application down the line, I don't know. Certainly my fiancé in the Philippines had the choice to have her interview in English or Tagalog, so had she not spoken a word of English, she would have still gotten her visa (she took it in English though).

But if you decide to get married in China, there is no problem for having filed the I-129F. It's just wasted time and money. And you'll have to start all over, and will have a 6 to 9 month wait AFTER the wedding, so you're just looking at a long time.

But again, the bigger question might be why doesn't your fiancé seem willing to invest any time on her end to make this all happen?

[notmuch88tosay 21]

Well here are my thoughts.

First, it would be a shame to throw away all the work you've done now, only to have to start all over with a CR1 Marriage visa. I think if you get one more extension, you should consider it.

Second, while I understand that it might be a 'train ride away', if your fiancé isn't willing even to invest some of HER time into this process, might that mean something else? I mean, this is not an easy process, but if she's not even willing to get a birth certificate.... She's going to need that no matter WHAT visa route you attempt, so she's better off just DOING it. And also obviously getting her passport as well. While I'm sure there is paperwork and stuff in getting those, neither is THAT hard to get.

As far as I know, there is no english proficiency test for a K1 or CR1 visa. There might be for a Citizenship application down the line, I don't know. Certainly my fiancé in the Philippines had the choice to have her interview in English or Tagalog, so had she not spoken a word of English, she would have still gotten her visa (she took it in English though).

But if you decide to get married in China, there is no problem for having filed the I-129F. It's just wasted time and money. And you'll have to start all over, and will have a 6 to 9 month wait AFTER the wedding, so you're just looking at a long time.

But again, the bigger question might be why doesn't your fiancé seem willing to invest any time on her end to make this all happen?

Hi Mogambi,

Thanks for your insights.

My fiancee is willing to go for the long train ride to get her birth certificate at this time, but she prefers I come to China to go along with her.

I understand where she is coming from, a young lady traveling thousands of miles by herself, staying overnight in a strange city by herself and so on is not without risks. I have heard of kidnappings in some remote areas of China.

Regarding why my fiancee doesn't seem willing to invest any time on her end, first of all, she has just gone through a very difficult, very painful time regarding her family situation. She probably needed time to heal emotionally.

Second of all, for any woman to leave the only home she has ever known, the only Country she has ever lived in or visited, and to leave the only family she has ever had, to come to a strange new Country to be with a man she has only met once in person, is a huge step to take.

I have met both her parents and the rest of her family. They love her dearly. I am sure they are worried about her and have been trying to make sure she is not moving to a new Country to marry a psycopath.

Everyone around her probably has been putting doubts, concerns and fears into her mind.

This is not a Chinese doll I bought at a store that I am waiting to get through customs. This is a sensitive, delicate human being with a family and many people who love her.

Big decisions such as moving to another Country to marry someone you have only known for two years is not an easy thing for some Chinese women.

How does she know I won't get tired of her in two or three years and tell her I want a new Chinese wife?

How does she know I am the type of person I claim to be?

How does she know I am not just a really good actor?

It is not all about what the petitioner has to spend and go through, there is the woman also. She matters and her concerns, self-doubts, worries and fears need to be taken into consideration also.

Thanks again,

notmuch88tosay

[Darnell 8,478]

ah. a hukuo problem.

anyone listed in her hukuo book in that hukuo city can get a birth certificate for her.

Only she can get a passport, though.

IMO, it's absolutely worth it for her to stop working for two weeks, and go get the documents she needs,

and in the meantime, send off the OF-169 on Tuesday morning, to get INTO the scheduling queue.

Once she sends off the OF-169, she will have about 1 month, perhaps 6 weeks, to finish getting the rest of her documents.

That's my two cents. Yer so close to the finish line, why not to consider to cross it ? LATER, after you are are married in the USA, the two of you can get back to China for the Traditional Ceremony.

[notmuch88tosay 21]

ah. a hukuo problem.

anyone listed in her hukuo book in that hukuo city can get a birth certificate for her.

Only she can get a passport, though.

IMO, it's absolutely worth it for her to stop working for two weeks, and go get the documents she needs,

and in the meantime, send off the OF-169 on Tuesday morning, to get INTO the scheduling queue.

Once she sends off the OF-169, she will have about 1 month, perhaps 6 weeks, to finish getting the rest of her documents.

That's my two cents. Yer so close to the finish line, why not to consider to cross it ? LATER, after you are are married in the USA, the two of you can get back to China for the Traditional Ceremony.

Hi Darnell,

Thanks for the reply, great to hear from you.

I'll bring up this alternative to her when we chat tonight.

I have been trying to get my fiancee to get her birth certificate for the looooongest time. I could not get the Panda Bear to cooperate and play the guitar no matter what I said. I even offered to fly to China to go with her to help her get her birth certificate and other documents before. But she just made up excuses and kept delaying things. That's one of the reasons I am convinced she has changed her mind about going the K1 Visa route and instead wants to pursue the Marriage Visa route.

But you are right, we are very close to the finish line and believe me, I have been wanting and trying very hard to have her cross it with me over the months. It has not been easy for me. It's been a tough journey.

So if I understand you correctly, if she submits the OF-169 form, she will get into the scheduling queue and then will have 1 month to 6 weeks to get a copy of her Birth Certificate and Chinese Passport?

Please let me know if I understand correctly.

Thanks so much,

notmuch88tosay

[Darnell 8,478]

yup, that's what I'm saying.

[notmuch88tosay 21]

yup, that's what I'm saying.

Hi Darnell,

Wow, great!

I feel hopefull now, but not very optimistic.

My fiancee has been very uncooperative... until the past few days. She would not answer most of my questions or cries of panic and dispair about the K1 Visa in the last couple of months and when I kept trying to get a few pieces of remaining info for the OF-169, she said she was busy and could not get the info to me at the time.

Then when it was down to a week or so remaining, she started talking about the visa again and says she is willing to do what is needed.

Maybe because she thinks it's too late for the K1 Visa and that I have to go with the Marriage Visa now, not sure.

Wish me luck, this Panda requires a heck of alot of it... Clinging to my sanity in the hopes of keeping it for a little while longer.

Thanks again,

notmuch88tosay

[actob99 156]

Hi Mogambi,

Thanks for your insights.

My fiancee is willing to go for the long train ride to get her birth certificate at this time, but she prefers I come to China to go along with her.

I understand where she is coming from, a young lady traveling thousands of miles by herself, staying overnight in a strange city by herself and so on is not without risks. I have heard of kidnappings in some remote areas of China.

Regarding why my fiancee doesn't seem willing to invest

any time on her end, first of all, she has just gone through a very difficult, very painful time regarding her family situation. She probably needed time to heal emotionally.

Second of all, for any woman to leave the only home she has ever known, the only Country she has ever lived in or visited, and to leave the only family she has ever had, to

come to a strange new Country to be with a man she has only met once in person, is a huge step to take.

I have met both her parents and the rest of her family. They love her dearly. I am sure they are worried about her and have been trying to make sure she is not moving to a new Country to marry a psycopath.

Everyone around her probably has been putting doubts, concerns and fears into her mind.

This is not a Chinese doll I bought at a store that I am waiting to get through customs. This is a sensitive, delicate human being with a family and many people who love her.

Big decisions such as moving to another Country to marry

someone you have only known for two years is not an easy thing for some Chinese women.

How does she know I won't get tired of her in two or three years and tell her I want a new Chinese wife?

How does she know I am the type of person I claim to be

How does she know I am not just a really good actor?

It is not all about what the petitioner has to spend and go through, there is the woman also. She matters and her concerns, self-doubts, worries and fears need to be taken into consideration also.

Thanks again,

notmuch88tosay

Eveything you said is true and thats why relationships take time together pyhsically and mentally. So many people want to rush, meet online, fall in love and file for fiancee visa in a record breaking 3 months...

Kudo's to you and don't rush her, if its meant to be it will work out. I wouldn't want to go across china thousand's of miles by myself and I'm a world traveler..

[actob99 156]

Hi Darnell,

Wow, great!

I feel hopefull now, but not very optimistic.

My fiancee has been very uncooperative... until the past

few days. She would not answer most of my questions or cries of panic and dispair about the K1 Visa in the last couple of months and when I kept trying to get a few pieces of remaining info for the OF-169, she said she was busy and could not get the info to me at the time.

Then when it was down to a week or so remaining, she

started talking about the visa again and says she is willing to do what is needed.

Maybe because she thinks it's too late for the K1 Visa and that I have to go with the Marriage Visa now, not sure.

Wish me luck, this Panda requires a heck of alot of it... Clinging to my sanity in the hopes of keeping it for a little

while longer.

Thanks again,

notmuch88tosay

Have you tried telling her you will attend the interview with her to alleviate her concerns?

[notmuch88tosay 21]

Eveything you said is true and thats why relationships take time together pyhsically and mentally. So many people want to rush, meet online, fall in love and file for fiancee visa in a record breaking 3 months...

Kudo's to you and don't rush her, if its meant to be it will work out. I wouldn't want to go across china thousand's of miles by myself and I'm a world traveler..

Hi actob99,

Thanks so much for your reply and especially for your kind words.

I appreciate it and your support and encouragement very much.

Take care,

notmuch88tosay