K-1 vs CR-1?

[Returning Home 0]

My fiance (Chinese) and I (American) plan to move back to the US within a year. I've been living in China for the past 14 years, i.e. hard to establish domicile. We are wondering what the best approach is for him to get his permanent residency in the US and not have to be split up. My plan is to look for a job once we have his visa. Is this realistic? Which visa is better to apply for? Fiance visa then get married in the US? Or get married now and then apply for CR-1 visa? Any suggestions?

[Penguin_ie 5,997]

I would get married now and go for the CR-1. You will be able to file DCF (directly with the embassy) so it will be very fast, plus results in an immediate greencard upon entry so he can work, travel etc.

You will need to show intent to re-establish domicile in the USA, such as looking for a job, home etc. A vacation trip home may help, and meeting with some recruiters/ real estate agents etc. If you have kids, enroll them in school. The other issue you will face is the affiavit of support- ie show you will financially support your fiance/ husband in the USA. Unless you have significant assets, you will need a co-sponsor.

[Darnell 8,479]

i suggest:

1. get married in China

2. file the I-130 via DCF

3. when it's approved, the USCitizen goes back to the USA and re-establish domicile , getting a co-sponser and co-sponser I-864 paperwork,then

4. USCitizen returns to China, helps PRC Spouse file the DS-230 and the I-864 then

5. PRC Spouse has interview day in Guangzhou then

6. the two of you come home together.

That's the Cliff Notes Version, but works very well. The USCitizen Spouse MUST be able to show (rather, the PRC Spouse must to show this) US Domicile BY Interview Day.

[Operator 1,927]

Not that I can add much to the two pieces of advice you received above (they know what they are talking about)...

I'd get hitched in China and DCF for a CR-1.