K-1 vs CR-1 visa in China

[cddraper7 0]

Hello,

I'm new to this forum and have several questions about obtaining a green card for my future spouse, and greatly appreciate any help.

I am a US citizen that has been residing in China for several years, returning to the US about once per year for a period of a few weeks each trip during that time. I work here in China. My future spouse is Chinese, and we have been dating now for one year, though we met back in 2012, but never thought about dating until last year.

We are very excited about the potential of marrying and moving back to the US as soon as possible and so I've been looking up requirements and procedures for the K-1 and CR-1 visas. I would like to apply for the K-1 if possible because it appears to be a faster path, but also am wanting to be cautious and not start the application just to be denied and then have to reapply later, etc.

Questions/Concerns:

1. My future spouse applied for a B visa for the US twice within a short time period and was denied both times, because she could not prove enough ties to China. She also put that she was single, and going for reasons other than visiting me, which the latter part is true, but we were dating at the time. Does this affect future applications for K-1 or CR-1?

2. I don't have enough income to meet the requirement for the K-1 application. Is it possible to have a co-sponsor? Or would this disqualify us for the K-1?

3. Is there a better chance of success for a K-1 or a CR-1, or are they the same? We would be applying in Guangzhou. Even if the time is longer for the CR-1, I would rather take a few extra months for a sure thing than risk being denied for a K-1 and having that hurt future chances.

4. Has anyone used attorneys for applications in China? Do you recommend this or just applying ourselves?

[TBoneTX 45,319]

Welcome to VJ. Because of the nature of your questions, your thread is moved from the Introducing Our Members forum to the What Visa Do I Need forum. Members who are also familiar with Guangzhou might also give you input.

Good luck!

[JFH 12,190]

Welcome. I don't have any experience with Guangzhou but I can give some general advice for now.

Previous tourist visa denials should not affect her immigration application. She was right to state she was "single" on those visa applications since "dating" is not a legal status. One is either single, married, widowed or divorced. She needs to be truthful about these denials when you apply for whichever visa you apply for.

Are you living together? If you are, your chances of success with either K-1 or CR-1 are very high as that is the greatest evidence that the relationship is genuine. Statistically CR-1 spouse visas have a higher approval rate across the world because the couples are married. Some areas of the world have very high rates of K-1 denials (particularly African countries) and people there are recommended to marry and apply for a CR-1 for a better chance of success but since you are living together and not in Africa that's not something to worry about. The only thing to be mindful of when filing s K-1 is make sure you don't have any form of ceremony, however traditional it might be in her culture. USCIS and the embassy will often view any form of ceremony as a marriage and reject a K-1 application. So no engagement ceremonies, commitment ceremonies, etc.

Ultimately the decision will be influenced by your own personal situation. A K-1 is the fastest way to get her feet on the ground in the USA but a CR-1 is the fastest (and cheapest) way for her to become a permanent resident and be able to work. If her being able to work is important to you or necessary for your financial situation then go for CR-1. If you just want to get her into the USA as quickly as possible and are happy that she don't be able to work for several months then a K-1 is a good choice.

[cddraper7 0]

Thank you for your reply.

The problem I mentioned with stating she was "single" wasn't so much on the application as in the actual interview, she did not state that she was visiting the US to see her boyfriend, which was not the main reason for the visit, but was a part of it.

And we do not live at the same address currently, but we do both have addresses in the same city, not sure if that helps or not?

And do you know anything about the I-134 affidavit of support, if my income is insufficient is a relative able to file a supporting one, or would this not be accepted for a K-1?

Thanks again

[JFH 12,190]

She may be asked about the visa applications and why she didn't mention you but I wouldn't worry about it too much. Was this in the early stages of your relationship? If she was planning to stay in a hotel there and do other things, travel to other cities that's one thing but if she was planning to stay at your home the whole time then that's something else. Being denied a tourist visa is not on the same scale as being removed or deported. Young single women all over the world struggle to get tourist visas for the USA. She's not alone.

We are doing a CR-1 which uses a different affidavit of support so I can't help with that, I'm afraid.

Regarding living in the same city, you need lots of evidence of being a genuine couple. Photos of the two of you together and with her family, travel reservations for the two of you to go somewhere together (have you taken a vacation somewhere?), do you have any legal documents together such as wills, power of attorney, life insurance where you are the beneficiary on each other's policy? Cards and mail addressed to the two of you as a couple? I even sent medical records that list my husband as my immediate relative and some notes from a hospital stay where the surgeon wrote "I have spoken with Mr X, the patient's husband...". Anything that proves to a complete stranger that you are a genuine couple and she isn't just with you to get a green card.

Edited August 7, 2016 by JFH