Need advice

[buluke 0]

Hello everyone, I have been reading this site for quite sometime and I am currently on my way home from China. the plan for us was to do a k1 visa ourselves and was already making list of what we will need when I hit a snag.

 

During conversations getting to know her during the first few months she had mentioned she was part of the communist party due to collecting fees at her work and her new boss requiring it. She has been a member now for 3 years. 

 

This whole process seems overwhelming but felt confident that we could do it together however after reading and doing a lot of research, it sounds like this could go wrong easily and require much more time. I have a few questions I hope you experts can help me with to feel a little calmer.

 

First off is could a lawyer actually be a better option for us to speed things up?

 

Since we are starting from the beginning, would a spouse visa be a better option from the beginning rather than praying for waiver etc?

I know there is tons of support here but since we are starting from scratch I would love some advice on where to start. This feels like a very large uphill battle already and I havnt even downloaded the first form yet.

 

Thanks in advance

 

 

[Dashinka 24,494]

First of all take a deep breath.  As to doing a K1 (fiancé) vs a CR1 (spouse) visa, that is a question often asked and there are many opinions.  The basic reality is that the initial steps for getting your loved one here is faster with a K1, but there are added processes (adjustment of status [AOS], employment authorization [EAD], and or advanced parole[AP]) that will have to be done after the marriage, but your spouse will be with you in the US while you are going through this.  With the CR1, it takes longer up front as the spouse essentially goes through the adjustment process before they come to the US, so they enter with the green card in hand and able to work immediately.  Again, situations differ, but for the most part it seems that people who use the K1 do it for the faster up-front adjudication of that type of visa.

 

As to being a member of the communist party, others may know the answer to this, unfortunately, I have no experience.

 

With respect to using a lawyer, again opinions differ.  It really depends on the lawyer, but they generally cannot speed up the process unless you are simply talking about the process of filling out the proper forms, but they sometimes they can impede the process if they make mistakes or give you bad advice.  Of course this is also true when someone is doing it themselves, so your mileage may vary.  My suggestion would be to take some time and read the guides, look at the sample forms, read the pinned threads in both the K1 and CR1 sections and determine for yourself if you can do this on your own, or if you need to pay for help (lawyers can be costly).  From my own experience with the K1, AOS, and now Removal of Conditions (ROC), which even CR1s have to do if they arrive with less than two years of marriage, it was pretty simple.  The forms make sense generally, and sites like this offer a lot of help and our process so far has resulted in only one Request for Evidence (RFE).  Don't take this as an endorsement for doing it yourself, that is a decision you have to make, but understand that the process is not that complicated.

 

Good Luck!

Edited February 1, 2017 by Bill & Katya

[Chris and ZhiJia 146]

In regards to the CCP Membership. It's not an outright denial, but could cause some processing delays at the Embassy. 

 

http://candleforlove.com/forums/topic/43921-ccp-membership-issues/

 

Please read the information in that post on the CFL forums, especially since your Fiancee is an active CCP member.

[bigdog 376]

My wife and I don't really know, I am sure it will cause extra hurdles.  We did a K1 and wished we should have gotten married and a spouse visa.  There is not much difference on the front side but you avoid ROC mess, more paperwork etc. on the back side.  A conversation with a reputable attorney might help, Another member Pushbark had been around for a while and might reply. Good Luck.

[Ryan H 3,812]

4 hours ago, bigdog said:

My wife and I don't really know, I am sure it will cause extra hurdles.  We did a K1 and wished we should have gotten married and a spouse visa.  There is not much difference on the front side but you avoid ROC mess, more paperwork etc. on the back side.  A conversation with a reputable attorney might help, Another member Pushbark had been around for a while and might reply. Good Luck.

 

You only "avoid the ROC mess" if you have been married for 2 years or more upon arrival into the US.

[bigdog 376]

Yep that was what I was trying to say, guess I was not specific enough..