K-1 visa both fiance and i overseas

[anarchy8585 0]

Hi all,

I'm new here and just beginning to embark on my visa journey for my fiancee.

Quick question really appreciate if anyone can help:

I am a US citizen currently living and working overseas- have been together with my girlfriend for 3 years and decided we would like to marry and move back to the States to live. As both my fiancee and I are located overseas, is K-1visa the right way to go?

Many thanks!!!

[YecaCruz 379]

Hi!

The K visa would allow you to be with your fiancé stateside once she acquires it BUT costs more because after the marriage you have to adjust her visa status which is an additional $1000-some fee. It is also usually quicker than the spouse visa.

The spouse visa, on the other hand, is less expensive with your cash but expensive with your time. She won't be able to be in the states or with you (if you are living here) until she acquires it, which is taking people close to a year to get

.....anyone should correct me if I'm wrong. But this is what I understand from poking around the various threads

[anarchy8585 0]

Hi,

Thanks for the reply, i think definitely we would like to pick the process with the faster time, to minimise time away from each other.

If i can kindly ask another question:

Do i need to be in the living in the States to file a K-1 visa for my fiancee, as both of us are currently living overseas (that's how i met her)?

Or can i still be based overseas to start applying for K-1 visa, and relocate to the states together with her, once her visa is approved?

[YecaCruz 379]

You can be based overseas. You will need to have some kind of US address that USCIS will be able to send correspondence to whether it's parents, or a sibling, or a very good friend. They won't send stuff overseas

Edited January 5, 2016 by JGussiaas

[anarchy8585 0]

Many thanks for the reply Gush!

[YecaCruz 379]

Hey you're quite welcome! There are so many useful things on this website. I would suggest going to the China forum http://www.visajourney.com/forums/forum/94-china/ if you haven't done so already

There will be a lot of country-specific info

Good luck on your visa journey!

[Pitaya 2,577]

~Moved from K1 Visa Process to What Visa Do I Need Forum~

~Inquiry about family visas~

[Anh map 2,098]

FWIW, take a look at the entire process and then compare. K1 requires adjustment of status to become a legal permanent resident (green card holder) while a spouse visa does not. That means that your fiancee/new spouse cannot work, may not be able to enroll in some schools, cannot travel out of the country for several months. Plus there is a fee of $1000+ (Adjustment of Status) along with getting married within 90 days. Spouse visa (CR1/IR1) gives the spouse a green card upon entry, no additional filings or paperwork.

Why not marry now, file the spouse visa petition, and travel to the US together once she gets the visa?

[RandyW 149]

The FASTEST way is to get married in China, and file DCF with the USCIS OFFICE IN Beijing or Guangzhou. This can take as little as 2 to 4 months.

[anarchy8585 0]

Thanks All for your replies. There is so much info in these forums which I am beginning to read/ understand.

Hi RandyW: I am actually living in Hong Kong, while my fiancee is living in Shenzhen (only half an hour away). So not being a resident in China, will i be able to file a DCF in Guangzhou? I think i will also call the US consulate in Hong Kong to see if i can file a DCF in Hong Kong instead....

[Darnell 8,478]

she's not a resident, with papers, in Hong Kong? That interview will be in Guangzhou, instead.

If she was a legal resident in Hong Kong, then the IV Interview could be in Hong Kong.

remember - casefile movement from NVC into Guangzhou IV is troublesome and not fast. That's not the case for HKG IV.