Which visa to apply for?

[visagreenhorn 4]

I am currently in the southern California and my current fiance is in Beijing. I was working in Beijing, but needed to return here due to a death in my family. Anyway, the company my fiance works for has a branch located here in Silicon Valley, CA and she wants to relocate through her job. The problem is we want to get married as well. I know that I would have to petition for her to get a fiance visa and then she would come here and then we would get married. I also know that she would not be legal to work here in the US even if she did relocate through her company until she got her EAD and that takes some time. I guess she could try explaining this to her boss or she could just take a leave of absence? I am trying to figure out how she would be able to keep her job, but there is the time she has to wait for the EAD to be able to work legally. Would she be able to come here on a work visa through her company and then could we still get married when she got here or would she strictly have to come here on a fiance visa to marry? Also, I read that the IR1/CR1 visa would allow her to legally work as soon as she arrived in the US. So would it be better if say I went to China and married her and then later on she applied for that visa and once she gets it, come here and just set up the relocation process with her company so that when the gets the spousal visa, she can just keep her job and start working upon arrival? We are both not in a rush, but more interested in looking for the least stressful and easiest way through this. I would greatly appreciate any advice or suggestions.

P.S. Would a Chinese woman with one child wanting to marry a US citizen to work and live here often be denied a visa or green card? I know the relationship between the US and China isn't great. Also, how long on average does it take to get a green card for a Chinese immigrant?

[Penguin_ie 5,994]

You have two viable options:

- CR-1 spousal visa. Get married, then file, takes 10-12 months. She can work as soon as she gets here, and travel,and bring the child with her. As you spent time together in China, I think you have a good chance of getting approved if you go this route.

- Work visas: the L-1 (intra-company transfer) comes to mind, but I don't think that is dual intent, meaning she isn't supposed to come here on that with the intent to marry and stay. The other option is a H1B, which is dual intent, ie it is perfectly ok for her to come and marry and stay while on this work visa.

[kzielu 1,149]

L-1 is defnitely dual intent. This is what I had done - transferred to US on L-1B, got married, adjusted status.

[Penguin_ie 5,994]

L-1 is defnitely dual intent. This is what I had done - transferred to US on L-1B, got married, adjusted status.

There you go! That would be the fastest and (for you) cheapest option then.

[Operator 1,927]

P.S. Would a Chinese woman with one child wanting to marry a US citizen to work and live here often be denied a visa or green card? I know the relationship between the US and China isn't great. Also, how long on average does it take to get a green card for a Chinese immigrant?

OP, I have witnessed no prejudicial treatment of Chinese immigrants by the governing bodies. That is to say that I haven't seen Chinese looked at more closely than other nationalities relative to legal immigration. If you choose the CR-1 visa her green card would arrive shortly after she arrives in the US. Other visas have different processing times for adjustment of status but it's not based on nationality (this is my opinion).

Good luck and you have found a good source of information here.

[visagreenhorn 4]

I appreciate everyone's quick and very informative reply. So if she relocates to a branch here in the US through her company on an L-1 visa and we get married...we would immediately apply for permanent residency for her and this would be a green card right? Going this route...would it take a few years or more for her to get the green card?

Also, my fiance wants to get a US passport. I am assuming after she relocates here and we get married...she would be able to just apply for one after that? Or would she literally have to wait until after she obtains permanent residency status to get the US passport?

Lastly, upon obtaining permanent residency(green card) or a US passport, will she be able to keep her keep Chinese passport at same time? Also, will she have to give up her Chinese citizenship or will she have dual citizenship through the L-1 visa transfer through her company?

Sorry for all the questions. I appreciate everyones' help.

Edited March 1, 2013 by visagreenhorn

[SBB 74]

I appreciate everyone's quick and very informative reply. So if she relocates to a branch here in the US through her company on an L-1 visa and we get married...we would immediately apply for permanent residency for her and this would be a green card right? Going this route...would it take a few years or more for her to get the green card?

Also, my fiance wants to get a US passport. I am assuming after she relocates here and we get married...she would be able to just apply for one after that? Or would she literally have to wait until after she obtains permanent residency status to get the US passport?

Lastly, upon obtaining permanent residency(green card) or a US passport, will she be able to keep her keep Chinese passport at same time? Also, will she have to give up her Chinese citizenship or will she have dual citizenship through the L-1 visa transfer through her company?

Sorry for all the questions. I appreciate everyones' help.

She can't get a US passport until she becomes a US citizen, which she can't do until she's had her marriage based green card for three years. When she becomes a US citizen, she loses her Chinese citizenship. The People's Republic of China does not recognize dual citizenship and former Chinese nationals trying to enter China on their old Chinese passports can get into trouble if caught.

[visagreenhorn 4]

She can't get a US passport until she becomes a US citizen, which she can't do until she's had her marriage based green card for three years. When she becomes a US citizen, she loses her Chinese citizenship. The People's Republic of China does not recognize dual citizenship and former Chinese nationals trying to enter China on their old Chinese passports can get into trouble if caught.

So during this long waiting period for obtaining her US passport, would me and her be able to travel outside the US as tourists? It would seem strange that she would have to stay on US soil the entire time before obtaining her US passport? She wouldn't be able to use her Chinese passport after getting her green card because then it be invalid right? Would she at least be able to travel to China as a tourist with the proper tourist visa? She has family there and I am sure she will at least want to visit them sometime in the future.

[SBB 74]

So during this long waiting period for obtaining her US passport, would me and her be able to travel outside the US as tourists? It would seem strange that she would have to stay on US soil the entire time before obtaining her US passport? She wouldn't be able to use her Chinese passport after getting her green card because then it be invalid right? Would she at least be able to travel to China as a tourist with the proper tourist visa? She has family there and I am sure she will at least want to visit them sometime in the future.

She would travel abroad on her Chinese passport applying for various tourist visas where necessary.

[visagreenhorn 4]

She would travel abroad on her Chinese passport applying for various tourist visas where necessary.

So although she would lose her Chinese citizenship when she gets her green card, she would still be able to travel to China and anywhere else with her Chinese passport?

Also, would she be able to renew her Chinese passport if it is almost invalid anytime before she obtains her US passport or would she just be at a loss until she gets her US passport?

[Ippsy Pippsy 31]

A passport = citizenship. Green card = long term permanent resident.

You are mixing them up. As LPR she keeps her Chinese passport.

BTW her company might be thrilled to give unpaid leave if they don't have to pay for a visa.

[Penguin_ie 5,994]

So although she would lose her Chinese citizenship when she gets her green card, she would still be able to travel to China and anywhere else with her Chinese passport?

She only looses her Chinese citizenship if she takes US citizenship, which won't happen for about 4 years after she gets a greencard (she must wait 3 years to apply and then there is processing time). So for the time she is a greencard holder, she is also a Chinese citizen and passport holder. She can travel freely, but must spend the majority of any given year inside the USA, and must get a visa for any country a Chinese citizen requires a visa for (such as European countries, where you as a US citizen won;t need a visa).

There is no requirement for a greencard holder to become a US citizen, she can stay a greencard holder forever if she does not want to give up her Chinese citizenship.

[visagreenhorn 4]

She only looses her Chinese citizenship if she takes US citizenship, which won't happen for about 4 years after she gets a greencard (she must wait 3 years to apply and then there is processing time). So for the time she is a greencard holder, she is also a Chinese citizen and passport holder. She can travel freely, but must spend the majority of any given year inside the USA, and must get a visa for any country a Chinese citizen requires a visa for (such as European countries, where you as a US citizen won;t need a visa).

There is no requirement for a greencard holder to become a US citizen, she can stay a greencard holder forever if she does not want to give up her Chinese citizenship.

Oh that is great about her being able to just stay a greencard holder forever. Today she told me that the chances of her being able to relocate are near impossible. I guess the branch in the US has been laying off a ton of its employees. Her boss just told her this today. Since she has been working for the company for ten years, she is protected from being laid off or fired for life, but this only applies in China. If she were to relocate to the US branch, she could possibly be laid off or fired somewhere down the road. I don't think it is really the safest idea. I decided to go to marry her and live with here at least for a few years in China. I have already lived in multiple cities in China for more than two years and I have a good handle of the language and lifestyle there.

If we got married in China and stayed married for ten months, would be both be able to go to a US embassy located in Beijing and apply for the IR-1/CR-1 visa? I wouldn't have to fly back to the US just to petition for her right? It would be so much easier if I could petition for her in Beijing because I would most likely be working there. Then she would apply and then when she gets it, we could both go to the US together when we are ready to start a life there. I read that sometimes it can take up to five years until she would be able to gain citizenship in the US with this visa? On average, how long would it take? Maybe applying for the K-3 would be much faster? After we are married, would we both be able to petition and apply for the K-3 from a US embassy in Beijing as well?

[Penguin_ie 5,994]

Forget the K3, it is obsolete.

If you live legally in China for more than 6 months then yes, you can petition for her directly via the embassy; we call this DCF filing (Direct Consular Filing). Getting the visa the "normal" way, filing in the USA takes about a year; when filing via the embassy it is significantly faster. Once she has the visa, she must use it within 6 months, so don;t just file as soon as you can if you plan on staying there for several years.

Once she lives in the USA with her greencard, she can apply for US citizenship 3 years later, assuming she is still married to you, or 5 years later if you divorce. Citizenship has nothing to do with the visa she gets, it is purely based on when she gets a greencard.

[visagreenhorn 4]

Forget the K3, it is obsolete.

If you live legally in China for more than 6 months then yes, you can petition for her directly via the embassy; we call this DCF filing (Direct Consular Filing). Getting the visa the "normal" way, filing in the USA takes about a year; when filing via the embassy it is significantly faster. Once she has the visa, she must use it within 6 months, so don;t just file as soon as you can if you plan on staying there for several years.

Once she lives in the USA with her greencard, she can apply for US citizenship 3 years later, assuming she is still married to you, or 5 years later if you divorce. Citizenship has nothing to do with the visa she gets, it is purely based on when she gets a greencard.

About the DCF, I read this:

U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives.

US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864.

If I married my fiance in China, I would get a spousal visa, which still doesn't allow me to legally work in China. I would have to apply for yet another visa just to be able to work legally. Would I have to show proof that we are married with my spousal visa or do I need to actually show evidence of working legally there too? If this is the case, I want to maybe look into another visa route. When and why did the K-3 visa become obsolete? How about we apply for a K-1 while we are both in China before we get married? Could we possibly apply for the K-1 after marriage as well?