Filing for K-1 Visa while living together abroad

[Questionsamany 0]

I just wanted to say I love this site, people like you are invaluable in helping us navigate the world of USA visas.

I am applying for a K-1 visa for my fiance, but I am having second thoughts about doing so. It seems to me a fiance visa is meant for someone who is living in the US to petition for someone from abroad to come to USA for marriage. I however, do not currently live in the USA. I am living with my fiance in China.

The reason I chose the fiance visa route (as opposed to the marriage visa) is the lower processing time. My Chinese visa expires in June 2015 and when I leave China my fiance will have no place to live. We are hoping that we can get the visa and go to the United States together. I don't have income in USA so my parents will have to provide proof of support. I know that.

Have I chosen the wrong visa type? Will her application be rejected on the basis of us not getting married in China first? When/if I file this, do I use my USA address or the Chinese address?

Thank you in advance.

[Penguin_ie 5,996]

While most K1s are for a US citizen living in the US and a foreign fiance, there are some cases like yours where both live abroad. In many ways, that can help you as it is easier to prove a bonafide relationship. That being said, some countries do not accept co=sponsors for the K1, just the spousal visa, so check for country specifci answers in our regional forum for that.

You do want to file asap if you haven't done so yet, you are cutting it close for a June 2015 departure.

[Darnell 8,479]

another option would be DCF - Direct Consular Filing.

Caveats:

1. must marry

2. must have 6 months in country prior to filing

3. most DCF-folk have USA-earned-income problems, needing a co-sponser / joint sponser for the I-864.

so if you want her to jump with you on your jump date - suggest you look hard at CR-1 visa, filing I-130 petition via DCF into USCIS office in Beijing or Guangzhou. IMO - it's a better deal for her - as she has instant status in the USA after arrival. A K-1 visa holder has to do other stuff to secure this status.

[Questionsamany 0]

While most K1s are for a US citizen living in the US and a foreign fiance, there are some cases like yours where both live abroad. In many ways, that can help you as it is easier to prove a bonafide relationship. That being said, some countries do not accept co=sponsors for the K1, just the spousal visa, so check for country specifci answers in our regional forum for that.

You do want to file asap if you haven't done so yet, you are cutting it close for a June 2015 departure.

Thanks, yes we are cutting it close. It's just very complicated and takes time to assemble the documents. Thanks for the tip. I will need to check if they accept a sponsor. Unfortunately finding that kind of information is difficult. I will keep looking.

[Questionsamany 0]

another option would be DCF - Direct Consular Filing.

Caveats:

1. must marry

2. must have 6 months in country prior to filing

3. most DCF-folk have USA-earned-income problems, needing a co-sponser / joint sponser for the I-864.

so if you want her to jump with you on your jump date - suggest you look hard at CR-1 visa, filing I-130 petition via DCF into USCIS office in Beijing or Guangzhou. IMO - it's a better deal for her - as she has instant status in the USA after arrival. A K-1 visa holder has to do other stuff to secure this status.

Oh wow. Thanks a bunch. You wouldn't happen to know if the Guangzhou consulate does DCF?

[Darnell 8,479]

Yes, I'd know.

Guangzhou and BeiJing compounds has a USCIS office inside of it. you have a choice,

file DCF the I-130, to either Beijing or Guangzhou - but that choice depends on your location.

[Questionsamany 0]

Yes, I'd know.

Guangzhou and BeiJing compounds has a USCIS office inside of it. you have a choice,

file DCF the I-130, to either Beijing or Guangzhou - but that choice depends on your location.

I have been researching this since you mentioned it and on Google you seem to be the best resource on this topic. Cheers to you.

What are the requirements? I tried contacting the Guangzhou consulate but they require a case number (I don't yet have one) to ask questions. I understand I need 6 months residency, but do those 6 months need to be continuous (I was in USA for the summer). In total I have been in China for 2.5 years. Any other requirements for direct file?

[Pitaya 2,577]

Oh wow. Thanks a bunch. You wouldn't happen to know if the Guangzhou consulate does DCF?

Welcome to the forum.

Check out this VJ forum for general DCF information: http://www.visajourney.com/forums/topic/304-direct-consular-filing-explained/

Check out this link about US Consulate Guangzhou DCF: http://guangzhou.usembassy-china.org.cn/i-130-petition-for-alien-relative.htm

(Found through a Google search. Google can also be your friend. )

Good luck on your immigration journey.

[Darnell 8,479]

1. marry

2. have 6 months o residence prior to filing . the 6 months not focus on marriage date, but residency duration/span.

and that's it. that's for the I-130. for the visa application, need to show monies on the I-864.. usa domicile or proof of re-establishing usa domicile.

google? me? ya - I rock and stuff - but I've been at this a while.

as to your time out of china - sorta depends - if you were out of china due to vacation, for example, then maybe time out of country not count. as to your 2.5 years of continuous residency in China, prior - maybe that will be the trick for you ?

note it'll take 3 to 4 months from submittal to interview date. if sooner, burn some joss. adjust your actions/calendar appropriately.

[RandyW 149]

I have been researching this since you mentioned it and on Google you seem to be the best resource on this topic. Cheers to you.

What are the requirements? I tried contacting the Guangzhou consulate but they require a case number (I don't yet have one) to ask questions. I understand I need 6 months residency, but do those 6 months need to be continuous (I was in USA for the summer). In total I have been in China for 2.5 years. Any other requirements for direct file?

The six month requirement was dropped from both the Guangzhou and the Beijing USCIS web sites back in Dec., 2011.

http://candleforlove.com/forums/topic/47182-use-dcf-or-not/?p=616252

Direct Consular Filing of I-130 - http://guangzhou.use...n-relative.html

Direct Consular Filing is informally referred to as DCF, although neither the Dept. of State nor the USCIS uses this notation.

Prior to Dec., 2011, the wording on their site was

Please note that you need to be a permanent resident in South China (Guangdong, Guangxi, Fujian or Hainan province) in order to file at our office. That is to say that you need to have a Permanent Resident Booklet issued by the Chinese Public Security Bureau Exit Entry Administration and an Employment Certificate and already residing in China for at least six months.

After Dec., 2011 - their website says

U.S. Citizens who legally reside in the local area, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

No mention is made of the six month requirement - just that you "legally reside" in the "local area".

If your Chinese residence falls under the jurisdiction of a different consulate USCIS office, please check with them for their specific requirements. The Beijing embassy has indicated that they will accept any "long- term official authorization permitting you to live in China", and does not require an actual residence permit.

[raven52 233]

I have never understood how any member here can recommend CR-1, I-130.,.,.,over a K-1 ..,.,.,has always been a huge difference of opinion for me.

I """ALWAYS"" see one of the reasons.,.,.,.of "all the things you have to do after coming on a K-1".,.,.,.,this is total load of #######.,.,.,as the so called "stuff" you have to do.,.,.,.amounts to nothing.,.,.,.,we were married 6-22-13.,.,.wife had AP/EAD in less than 60 days.,.,..,SS card, and GC as of Jan. 2 2014. No hassles.,.,.,no problems.,.,.no interview, no cival surgeon.,.,.,..,""What"" is the "all the stuff"..,..,.,.,.,that is needed???

It is simple, K-1 if CSC could be 2-3 months, TSC 5-6 months.,.,.,.,.,then the """stuff""" I mentioned.

I-130 can be 12 to 16 months.,.,.some are 9 months.,.,..but this visa is always double or triple the I-130 time!

[KayDeeCee 4,896]

I have never understood how any member here can recommend CR-1, I-130.,.,.,over a K-1 ..,.,.,has always been a huge difference of opinion for me.

I """ALWAYS"" see one of the reasons.,.,.,.of "all the things you have to do after coming on a K-1".,.,.,.,this is total load of #######.,.,.,as the so called "stuff" you have to do.,.,.,.amounts to nothing.,.,.,.,we were married 6-22-13.,.,.wife had AP/EAD in less than 60 days.,.,..,SS card, and GC as of Jan. 2 2014. No hassles.,.,.,no problems.,.,.no interview, no cival surgeon.,.,.,..,""What"" is the "all the stuff"..,..,.,.,.,that is needed???

It is simple, K-1 if CSC could be 2-3 months, TSC 5-6 months.,.,.,.,.,then the """stuff""" I mentioned.

I-130 can be 12 to 16 months.,.,.some are 9 months.,.,..but this visa is always double or triple the I-130 time!

DCF only takes a few months. It is faster than a K-1 even. It will allow the spouse to enter the US and become a permanent resident upon entry. They do not have to file for AOS and spend another $1070 or possibly extras for a civil surgeon as not everyone can file for AOS without seeing one.

Another reason to choose a spousal visa over the K-1, even if not doing DCF, is that some consulates will not accept a co-sponsor for a K-1 with the I-134, but when married and using the I-864, a joint sponsor can be used.

Your experience with the K-1 visa and AOS does not equal the experience of every other person filing the K-1 and AOS.

[Questionsamany 0]

DCF only takes a few months. It is faster than a K-1 even. It will allow the spouse to enter the US and become a permanent resident upon entry. They do not have to file for AOS and spend another $1070 or possibly extras for a civil surgeon as not everyone can file for AOS without seeing one.

Another reason to choose a spousal visa over the K-1, even if not doing DCF, is that some consulates will not accept a co-sponsor for a K-1 with the I-134, but when married and using the I-864, a joint sponsor can be used.

Your experience with the K-1 visa and AOS does not equal the experience of every other person filing the K-1 and AOS.

It seems the CR-1 through direct file is potential way to go. I contacted the Guangzhou consulate today, but they are unhelpful. When I mention the CR-1 visa to the operator she didn't have any idea what I was talking about and bouncing me between recordings. I want to email them to ask them questions but I need a case number to send it....I don't have a case number yet obviously....

On their recording they did say that in some cases one could direct file...but it didn't specify....

I need to confirm the true nature of direct filing (not sure how to do that). I also need to know if they accept a co-sponsor for the financial requirements.

[Darnell 8,479]

next time, talk with USCIS office in Guangzhou.

you not want to review their web page instructions? you need to talk to a human? ok.

http://guangzhou.usembassy-china.org.cn/cis.html

or

http://guangzhou.usembassy-china.org.cn/uscis---location-and-contact-information.html

[Darnell 8,479]

I have never understood how any member here can recommend CR-1, I-130.,.,.,over a K-1 ..,.,.,has always been a huge difference of opinion for me.

I """ALWAYS"" see one of the reasons.,.,.,.of "all the things you have to do after coming on a K-1".,.,.,.,this is total load of #######.,.,.,as the so called "stuff" you have to do.,.,.,.amounts to nothing.,.,.,.,we were married 6-22-13.,.,.wife had AP/EAD in less than 60 days.,.,..,SS card, and GC as of Jan. 2 2014. No hassles.,.,.,no problems.,.,.no interview, no cival surgeon.,.,.,..,""What"" is the "all the stuff"..,..,.,.,.,that is needed???

It is simple, K-1 if CSC could be 2-3 months, TSC 5-6 months.,.,.,.,.,then the """stuff""" I mentioned.

I-130 can be 12 to 16 months.,.,.some are 9 months.,.,..but this visa is always double or triple the I-130 time!

not for DCF, sorry.