K-1 success question

[quasar 1]

Hello. I have stumbled upon this site through all the research i have been doing.

I am a US citizen who has a fiance in China. We are in the process of a K-1 visa paperwork.

I co-sponsored her for a F2A visa last year. It was denied and said "need to wait for F2B visa class to become current" and "Child Status Act does not apply." She is 25 years old (I am 30).

I also find out that she was denied a CR2 visa in 2006 and a F1 visa in 2008.

My question is, will the 3 prior denials effect the outcome of the K-1.

I make enough money for both of us and she has money saved up to not work for years.

She is from China. We talk everyday. Met once for 3 weeks in China. And plan to meet every 2-3 months in countries we can get visas to (Cananda next).

[CowBoE 429]

Hello. I have stumbled upon this site through all the research i have been doing.

I am a US citizen who has a fiance in China. We are in the process of a K-1 visa paperwork.

I co-sponsored her for a F2A visa last year. It was denied and said "need to wait for F2B visa class to become current" and "Child Status Act does not apply." She is 25 years old (I am 30).

I also find out that she was denied a CR2 visa in 2006 and a F1 visa in 2008.

My question is, will the 3 prior denials effect the outcome of the K-1.

I make enough money for both of us and she has money saved up to not work for years.

She is from China. We talk everyday. Met once for 3 weeks in China. And plan to meet every 2-3 months in countries we can get visas to (Cananda next).

Why was she denied for CR2 and F1?

It seems F2A, CR2, and F1 visas are quite different from K1 or Spouse Visa.

If you have any concerns, I'm wondering if spouse visa would strengthen you case.

With fiancee visa, there is no guarantee of ensuing marriage,

but with spouse visa, you are already demonstrating that you are FULLY married

and would like to bring your wife to US.

I'm no immigration expert, but if I was in your shoes, I may opt for the spouse visa instead.

[quasar 1]

I will ask her about why she got denied.

I will look into CR1. As a US citizen and China citizen, are we able to marry in Canada?

[YouAndMeForever 1,022]

Hello. I have stumbled upon this site through all the research i have been doing.

I am a US citizen who has a fiance in China. We are in the process of a K-1 visa paperwork.

I co-sponsored her for a F2A visa last year. It was denied and said "need to wait for F2B visa class to become current" and "Child Status Act does not apply." She is 25 years old (I am 30).

I also find out that she was denied a CR2 visa in 2006 and a F1 visa in 2008.

My question is, will the 3 prior denials effect the outcome of the K-1.

I make enough money for both of us and she has money saved up to not work for years.

She is from China. We talk everyday. Met once for 3 weeks in China. And plan to meet every 2-3 months in countries we can get visas to (Cananda next).

I agree with DualityOneness. Go for the CR1.

Good luck

Edited February 26, 2015 by YouAndMeForever

[quasar 1]

Thanks for the input.

She said the CR2 denial in 06 was because they suspect her mom and husband were not legitimate.

The F1 denial was because they suspected she wanted to immigrate here and stay longer than allowed.

I have been researching marriage in Canada. As far as I know, you do not need to be a Canadian citizen to marry there so I think we can marry there.

But my other concern is, if we marry in Canada, will it look bad? Should I marry in China instead?

[TBoneTX 45,309]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing visa paths. ***

[Operator 1,927]

Thanks for the input.

She said the CR2 denial in 06 was because they suspect her mom and husband were not legitimate.

The F1 denial was because they suspected she wanted to immigrate here and stay longer than allowed.

I have been researching marriage in Canada. As far as I know, you do not need to be a Canadian citizen to marry there so I think we can marry there.

But my other concern is, if we marry in Canada, will it look bad? Should I marry in China instead?

Lots of foreign nationals used to go to Canada to get married because they recognized same sex marriages before other countries. You would have to apply for a marriage license before you arrive.

Personally, I would get married in China for two reasons. First it would not raise any questions during the interview and second, her family might appreciate it more.

[Darnell 8,478]

well, she now has a history of 'intent to immigrate' and this is going to raise flags at uscis and the IV Unit in Guangzou.

Since a CR-2 was chased after, there's a casefile complete with consular comments sitting in the national records center, and it'll get reviewed during any I-129F petition review.

Just keep in mind, that the rules for adjudication are not the same, CR-2 vs F1 vs F2a vs K-1 vs CR-1.

In some instances, failing in 1 or 2 categories doesn't hurt the K-1 or CR-1 - but since the Consular Ruling was 'attempting to immigrate' it may very well be that the next atttempt (ie, a K-1 or CR-1) may be viewed as 'yet another attempt to immigrate'

so

I strongly suggest you to engage an attorney, one particular attorney, goes by the name of Marc Ellis Google 'Marc Ellis Immigration' and you'll find his web site. Engage him. Pay his fees.

Nota.Bene.: I rarely recommend attorney usage here, or even a particular attorney, unless something is untoward. You, Sir, have an uncoming casefile that will be labelled 'untoward' by USCIS and the IV unit. You and her will need to generate more stuff for the I-129F Petition - Marc Ellis can guide you about it.

[CowBoE 429]

Thanks for the input.

She said the CR2 denial in 06 was because they suspect her mom and husband were not legitimate.

The F1 denial was because they suspected she wanted to immigrate here and stay longer than allowed.

I have been researching marriage in Canada. As far as I know, you do not need to be a Canadian citizen to marry there so I think we can marry there.

But my other concern is, if we marry in Canada, will it look bad? Should I marry in China instead?

With all the difficulty she's had with USCIS, I would definitely get married in China.

Besides, in most instances wedding in China is essentially all covered by the family/friend's gift money.

Based on all the circumstances, I think the spouse visa would be better for you.

Just build up lots of relationship evidence now.

[quasar 1]

Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

[leishi 11]

Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

your marriage in china is recognized here in the U.S.

You can have the wedding ceremony again here in the u.s if you want, but no point in getting another marriage certificate.

[quasar 1]

What about for insurance issue. At my work, if one gets married, they have 30 days to add them, if not we have to wait for the next enrollment period.

[leishi 11]

What about for insurance issue. At my work, if one gets married, they have 30 days to add them, if not we have to wait for the next enrollment period.

you can get married in china, and let your company know, have them add your wife to the insurance. You don't have to wait till you get back to the states to add your wife to your insurance.

[Darnell 8,478]

but you can wait, as 'recent immigration' - ie - a POE event, is a life-changing thing that the head of the insurance company allows. Sure, most insurance staffers are ignorant about it, but hey.

Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

Marc Ellis - I sense you not use the Google.

Are you on a handphone? turn it off, pull the battery, get on a PC.

[Operator 1,927]

Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

Marc Ellis has a 714 area code. You should really give him a try, he has loads of experience with this kind of case. You may only need 15 or 20 minutes on the phone to get the advice you need.

Get married in China and then again in the US, no problem at all....except for your savings account.