Not Married Yet, Live Apart, Both Overseas -- Please Advise

[JMYZ 0]

Dear VJ community,

I’ve been lurking for a while now and finally found the courage to post up here! Please help me check my logic. We very much appreciate your time!

Background:

• Me – petitioner – 27 years-old, male, US citizen
• Her – fiancée – 24 years-old, female, Chinese citizen
• Met in the US and have been in the relationship for 2.5 years, most of which was in the US.
  

Goals:

1. Be able to move to US without much hassle about 1 year from now. This needs a little more explanation:
   1. Build our careers overseas.
   2. Move back to US in about 1 year.
   3. Get married =D

Complications:

1. We do not live in US.
2. We may not live together outside of US (we do plan to live together once we are inside the US). She will be in Thailand and China. I will be in South East Asia.
3. Neither of us may be able to leave Asia for more than 1 week at a time.
4. We do not get paid expat salaries. We get enough to go by and will be working hard to get above the 1.25x poverty line.

Options (K1, CR1, DCF):

• K1 – is this an option? Considering she cannot leave Asia for more than 1 week, and the Advance Parole option, after we get married, takes around 3 months to get. Is there any way around this?
• CR1 – Get married in China, apply for CR1 through one of the offices in the US.
• DCF – Get married in China, apply DCF for CR1 through one of the field offices (there is one in Beijing and another one in Bangkok, according http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices)

Questions

Q1. Given that we will be overseas, is K1 still viable?

Q2. For DCF, I read that I will have to be resident of the country that the field office is in. If I want to apply DCF at Bangkok, I would have to be a resident in Thailand for 6 months. Is that true?

Q3. If I want to apply DCF at Bangkok, can I be a resident of one of the nearby countries, like Burma (Myanmar)?

Q4. To get married in China, do both people need to have their own “Chinese residence permit” or having it for just one person is enough? (http://shanghai.usembassy-china.org.cn/acs_faq.html#faq_marriage)

Q5. Are there other options that we have missed?

Q6. Do you have any specific pointers, hints, or tips for different options we do have?

Thank you so much!!!

-J

[Ryan H 3,819]

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum; OP is considering multiple paths.***

**Moderator hat off**

Answers to your questions:

1. Yes
2. True
3. No
4. Just one person; however, you will only be able to register for marriage at the marriage bureau that has jurisdiction where her hukou is located AND if the office has to be able to register the marriage where one of the parties is a foreigner (meaning, my wife and I had to register for marriage in the Provincial Capital).
5. No
6. Once you determine the path that is best for you, carefully study the instructions for the required forms as well as the applicable guide on VJ.

Edited January 19, 2014 by Ryan H

[Darnell 8,479]

sounds like seeking any status in the USA for her is useless.

I suggest not to pursue it, until and when, SHE is ready to live in the USA with YOU.

In the meantime? Shift a bit, get a job in her city, marry, and relax.

[JMYZ 0]

Additional questions:

Q7. Do you forsee any complications because we live in different countries abroad?

Q8. I read that once she gets her visa, she has 6 months to enter the United States. Is this still true?

***Moved from IR-1/CR-1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum; OP is considering multiple paths.***

**Moderator hat off**

Answers to your questions:

1. Yes
2. True
3. No
4. Just one person; however, you will only be able to register for marriage at the marriage bureau that has jurisdiction where her hukou is located AND if the office has to be able to register the marriage where one of the parties is a foreigner (meaning, my wife and I had to register for marriage in the Provincial Capital).
5. No
6. Once you determine the path that is best for you, carefully study the instructions for the required forms as well as the applicable guide on VJ.

Dear Ryan,

Thank you so much for the succinct answers, and also for moving this thread to the correct section.

sounds like seeking any status in the USA for her is useless.

I suggest not to pursue it, until and when, SHE is ready to live in the USA with YOU.

In the meantime? Shift a bit, get a job in her city, marry, and relax.

Dear Darnell,

I do not think this is "useless" at all. If we can tackle the CR1 as early as possible, it takes away waiting time from later. Another way to think of our situation is that we are ready to move together to US now, but we both know the process will take approximately 12 months so we have already made business commitments for these 12 months.

If you still think we should apply later, as in one year from now, please go into details on what the advantages are? I very much appreciate your input, Darnell.

Thank you!

[Darnell 8,479]

eh - boots on the ground, any ground, any country, is always what's important.

The ability to live together is a big deal, also.

As I read yer first post, I got the idea that you two are not ready to be settled down, together, boots on the same ground.

So, for now, my only advice is - study a timeline for both processes, K-1 and CR-1, then both of you study YOUR calendars and work contract expiration dates, then back fill a new calendar , going backwards, from visa issuance date to petition filing date,

and see which date on the calendar has the least time wasted, after work contracts expire.

That's it, that's all. Sure, it's some work, as you'll need to understand those timeticks and basic processes, but the merging of calendars gets all the boots on the ground.

[Ryan H 3,819]

Additional questions:

Q7. Do you forsee any complications because we live in different countries abroad?

Q8. I read that once she gets her visa, she has 6 months to enter the United States. Is this still true?

Additional answers:

• When the file reaches the consulate, time spent together in-person is one of the things that will be looked at. You will also need to fulfill the requirements of the Affidavit of Support (I-864).
• The validity of the visa will be less than or equal to 6 months. Validity of the visa is tied to the medical exam.

[DanishBill 15]

As usual - Darnell gives great advice!

[JMYZ 0]

Thank you both!! I very much appreciate your responses!