American wanting to marry chinese gf. What to do?

[chinacowboy 0]

Hello. Some background, I am American living and working in China. I desire to marry my chinese girlfriend preferably this year 2013. We are planning on staying in China for three years after we are married. She has a great job working for the canadian trade office here, which is a great job for a Chinese national. I am teaching in China and will continue to do so as she works here. But eventually after kids will want to move to the states. So what is the quickest and easiest method to get a marriage that is recognized in the states? She does not really want to marry in China because she is divorced and her hakou is still with her ex. The hakou is her residence permit. It would be akward to marry me in China but her residence is still with her ex. We have talked about trying to get married in Thailand. But I do not know if that will lead to more suspicion once we get ready to move to the states in several years. Will she receive a green card if she marries me in China or Thailand. If we get married in America is the K 1 visa or the spousal visa easier? Help us please as we have been together for over half a year and are in love and wanting to get married and start a family and future of our own!!

[bt1 42]

Once you are married, you cannot apply for a K1 (that is for unmarried people). You would apply for a spousal visa. It really doesn't matter where you get married: married is married.

[Xanax 349]

Hello. Some background, I am American living and working in China. I desire to marry my chinese girlfriend preferably this year 2013. We are planning on staying in China for three years after we are married. She has a great job working for the canadian trade office here, which is a great job for a Chinese national. I am teaching in China and will continue to do so as she works here. But eventually after kids will want to move to the states. So what is the quickest and easiest method to get a marriage that is recognized in the states? She does not really want to marry in China because she is divorced and her hakou is still with her ex. The hakou is her residence permit. It would be akward to marry me in China but her residence is still with her ex. We have talked about trying to get married in Thailand. But I do not know if that will lead to more suspicion once we get ready to move to the states in several years. 1) Will she receive a green card if she marries me in China or Thailand. 2) If we get married in America is the K 1 visa or the spousal visa easier? Help us please as we have been together for over half a year and are in love and wanting to get married and start a family and future of our own!!

Firstly, as you do not plan to immigrate for some time, these are things you won't need to worry about until around a year before you are looking to move, if you applied now any visa you had would expire or become voided before you relocated.

1) It does not matter where you get married, a destination wedding is fine.

2) Once married you cannot apply for a fiance(e) (k-1) visa only the CR-1/IR-1 spousal visa. The k-1 visa can only be used by 2 people who are unmarried , the beneficiary (your fiancee) would get her visa and then come to the US and marry you (witin 90 days of her USA entry date), then apply for AOS (adjustment of status) to a legal permanent resident. If you file the CR-1/IR-1 visa depending on the length of your marriage once your wife enters the USA she will receive either a 2 year conditional greencard or a 10 year greencard.

You will want to check if direct consular filing is available at your consulate also, that generally speeds up the process when you are ready to proceed.

[chinacowboy 0]

Thanks, but the bigger issue is her hakou or residence permit being under her ex husband's name. She would need that if we got married in Thailand correct? Does anyone know anything about the hakou?

[chinacowboy 0]

Can she get k 1 visa and marry me in the us and then the two of us return to the us to work?

[Xanax 349]

Can she get k 1 visa and marry me in the us and then the two of us return to the us to work?

She would get a K-1, come to the US, marry you within 90 days and then adjust status to an LPR (legal permanent resident) and then can start working, she can also apply for a work permit while waiting for her adjustment to go through but that generally takes about a month and the adjustment generally takes 1-3 so most people wait.

If you plan to marry in Thailand you would have to check their requirements, I have no idea about a hakou or what that entails.

[TBoneTX 45,330]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is weighing a visa path + options. ***

[newacct 688]

Once married you cannot apply for a fiance(e) (k-1) visa only the CR-1/IR-1 spousal visa.

Also K-3, right?

Edited February 7, 2013 by newacct

[Xanax 349]

Also K-3, right?

No K-3 is an obsolete visa.

[newacct 688]

No K-3 is an obsolete visa.

Oh cool. I just found another thread on VJ about the K-3 being obsolete.

But the VJ guides still talk about the K-3 as an alternative to CR-1/IR-1, so maybe those should be updated.

[WilliamAndre 1]

I wonder what is the cheapest, fastest, and easiest method given there is flexibility on whatever the circumstances.

[Xanax 349]

I wonder what is the cheapest, fastest, and easiest method given there is flexibility on whatever the circumstances.

They don't need a "quick option" as they plan to move years down the line. I personally would marry and then pursue the cr-1 or ir-1

[Darnell 8,478]

changing hukuo is actually easy.

how to do?

get the divorce document in hand, go to family registry office, get a new hukuo book.