Travel allowed during K1 filing wait period?

[BrentB1970 1]

Hello and thank you all for supporting such an amazing site!  I am so thrilled to find all this free information since the whole process can be so very expensive.  And apologies if my question is redundant and already answered.  Actually, I have two questions.

 

1. Is K1 the best route for us?  I am American living in the U.S. and my fiance is living in China.  We want to be together as quickly as possible, regardless of not being able to travel or work.  We were astounded that the absolute fastest we could hope for rejoining is 6 months from filing the K1 paperwork and likely even longer.  :((((  But, it appeared that the spousal visa option was even longer, so we are planning on the K1 process.  We do not care about a special formal wedding, just to be together as soon as possible.

 

2. Can my fiance travel to the U.S. during the K1 waiting period without delaying or impacting that time line?  We are really concerned about being rejected, as she has heard many stories of Chinese nationals being denied entry to the U.S.  We do not know if this is a recent phenomenon since the new administration took office, or just a reality of the immigration process.  I do know if the process keeps us apart for too long, we will pursue other options outside the ridiculous red tape of this system.  It is actually quite outrageous to us that two people of differing nationalities must go through such a ridiculous dog and pony show to be together legitimately and by the book.  Truly outlandish.

 

This site gives us the hope to move forward properly and maintain some optimism, taking comfort that others are feeling the same initial despair that we have now.  All we want is to be together and the earliest we can hope for that seems Fall 2018. 

 

Any help, advice or answers to these two questions is much appreciated.  As we go through the process, will be happy to post updates here.

 

Thanks everyone!  and Best of Luck to those already underway!!!

 

[Mollie09 1,543]

32 minutes ago, BrentB1970 said:

Hello and thank you all for supporting such an amazing site!  I am so thrilled to find all this free information since the whole process can be so very expensive.  And apologies if my question is redundant and already answered.  Actually, I have two questions.

 

1. Is K1 the best route for us?  I am American living in the U.S. and my fiance is living in China.  We want to be together as quickly as possible, regardless of not being able to travel or work.  We were astounded that the absolute fastest we could hope for rejoining is 6 months from filing the K1 paperwork and likely even longer.  :((((  But, it appeared that the spousal visa option was even longer, so we are planning on the K1 process.  We do not care about a special formal wedding, just to be together as soon as possible.

 

2. Can my fiance travel to the U.S. during the K1 waiting period without delaying or impacting that time line?  We are really concerned about being rejected, as she has heard many stories of Chinese nationals being denied entry to the U.S.  We do not know if this is a recent phenomenon since the new administration took office, or just a reality of the immigration process.  I do know if the process keeps us apart for too long, we will pursue other options outside the ridiculous red tape of this system.  It is actually quite outrageous to us that two people of differing nationalities must go through such a ridiculous dog and pony show to be together legitimately and by the book.  Truly outlandish.

 

This site gives us the hope to move forward properly and maintain some optimism, taking comfort that others are feeling the same initial despair that we have now.  All we want is to be together and the earliest we can hope for that seems Fall 2018. 

 

Any help, advice or answers to these two questions is much appreciated.  As we go through the process, will be happy to post updates here.

 

Thanks everyone!  and Best of Luck to those already underway!!!

 

 

1 - Yes, if all you care about is being together ASAP regardless of cost, employment, or travel outside the US.

2 - She can try. Does she already have a US visa? She has shown clear immigrant intent so they'll take that into heavy consideration.

[EandH0904 1,184]

1. K1 is slightly faster than cr1 yes, if you don't care about those things. It's also slightly more expensive if that's ok. The best way to have a successful k1 with no deterrence is to have substantial proof of a true relationship - preferably many visits and a lot of time together with family. Read and follow all instructions well so no RFE is obtained for something you overlooked. 

 

2. Yes she can visit. If s/he already has a valid visitor visa, that would be the best. Ultimately it's up to the agents to let the person through or not, make sure there are strong ties to China and NEVER lie. Don't say you're visiting a friend if it's a fiance, and don't attempt to marry and file AOS and stay, that intent is fraud and could come haunt you. 

 

We all want to be with our loved ones, yes, the process is sometimes difficult to understand but if it's a real relationship it will be in 1 year or 5 

 

 

[geowrian 22,338]

1) Yes, K-1 is the fastest. It seems you are aware of the disadvantages of a K-1 versus a CR-1 (AOS, cost, longer to get green card, can't work or travel abroad, etc.). It's taking more like 7-9 months now actually. It's 5+ months for the I-129F alone right now.

 

2) Yes, the beneficiary can travel to the US during the process. However, it may set a higher bar on showing that he/she will leave the US and not decide to stay once inside the US. This isn't anything new. If she already has a visa then it's unlikely to be turned around unless she is overstaying or worked illegally or something, but there is always a risk.

What other options? You mean living outside the US?

Sorry, but there's no dog and pony show here...it's to prevent abuse. Unfortunately, there's a lot of people that abuse the privilege to unite families in the US.

[EandH0904 1,184]

39 minutes ago, BrentB1970 said:

I do know if the process keeps us apart for too long, we will pursue other options outside the ridiculous red tape of this system.  It is actually quite outrageous to us that two people of differing nationalities must go through such a ridiculous dog and pony show to be together legitimately and by the book.  Truly 

 

Moving to a third country would create visa requirement for both of you. A year may seem like forever, but you're adults and can deal. 

 

At least you are able to visit each other, my husband would not be able to get a visitor because of where he was born, and rules are how they are for reasons - to protect you in the end. 

[BrentB1970 1]

Thank you all for the very fast replies, information, suggestions and support. 

 

No, Mollie09, she does not yet have a US visa.  Our biggest concern is anything that might delay the process, so it might be better if I visit her again in China, instead of her coming here.  I don't know?

 

EandH0904 - yes, we should be able to deal with a year, though we are only partially adults, lol.  I am 47 going on 15 and she is 30 and still very childlike...hence the big shock coming to grips with 6+ mos and now the reality of possibly a year.  At least I think I can visit there more easily than she might be able to visit here.

 

geowrian - yes, I understand better now and appreciate more that our desire to be together is tiny compared the bigger issues facing our country and safety.  Until now, I guess I just think in a more naive way that we are a world of people, not of nations...so, if two people really want want to be together and pose no risk to anyone, they should not have to wait so long for a process or privilege (which I do not agree it is, but let's agree to disagree on that point).  However, the safety part of my thinking seems wrong...we truly are a world of nations and apparently, lots of bad people keep trying to come here.  If things were much worse, or took much longer, I think I would simply immigrate to China, which seems to welcome foreigners for readily than the U.S.  My travel visa to China was granted in less than one week and is good for 10 years.  Though I would never be allowed Chinese citizenship, I guess the third country option is now on the table.  I hear Thailand is very affordable and more welcoming than most countries.

[geowrian 22,338]

20 minutes ago, BrentB1970 said:

No, Mollie09, she does not yet have a US visa.  Our biggest concern is anything that might delay the process, so it might be better if I visit her again in China, instead of her coming here.  I don't know?

Getting a tourist visa with a US fiance or a pending I-129F/I-130 is possible but honestly quite difficult. Sorry. But the only thing to lose in trying is the $160 fee...it won't hurt the K-1 process.

 

Quote

geowrian - yes, I understand better now and appreciate more that our desire to be together is tiny compared the bigger issues facing our country and safety.  Until now, I guess I just think in a more naive way that we are a world of people, not of nations...so, if two people really want want to be together and pose no risk to anyone, they should not have to wait so long for a process or privilege (which I do not agree it is, but let's agree to disagree on that point).  However, the safety part of my thinking seems wrong...we truly are a world of nations and apparently, lots of bad people keep trying to come here.  If things were much worse, or took much longer, I think I would simply immigrate to China, which seems to welcome foreigners for readily than the U.S.  My travel visa to China was granted in less than one week and is good for 10 years.  Though I would never be allowed Chinese citizenship, I guess the third country option is now on the table.  I hear Thailand is very affordable and more welcoming than most countries.

I understand what you're saying, and respect your opinion. I'm just saying that this is a legal process and being allowed to immigrate (or even enter) the US is considered a privilege under the law. Right or wrong, that's the way it is and is not likely to change anytime soon. My personal opinion on what "should' be the case doesn't really do anything to answer questions.

 

Part of the process is to determine if there is a risk involved - background checks, verifying you aren't being used for a green card, aren't likely to be harmed by your fiance (or vice versa), don't have contagious diseases, that they won't become a public charge in the US, etc. You'll be surprised with the variety of circumstances I've seen come out during the process to their spouse (past and even current marriages to others, known children that were never disclosed to the other member, criminal activities, etc.).

The lengthy process is annoying, though...it's an ebb and flow. Right now, it's taking 7-9 months for a K-1. Only 13 months ago it was taking ~30 days for the I-129F and 2-3 months from start to visa. Years before that, it was close to a year, and a spousal visa was taking multiple years.

 

A US tourist visa is usually issued as multi-use and valid for up to 10 years as well. Most US tourist visas take a matter of a week or 2 as well (plus a little more time to get the passport back). Tourist visas and visas issued for the purpose of immigrating are vastly different beasts.

Edit: I'm not familiar with China's visas, but I would just make sure that the visa permits a duration of x months/years. Being valid for 10 years doesn't mean you can stay for 10 years at a time. Two very different things.

Edited November 29, 2017 by geowrian

[BrentB1970 1]

Many thanks geowrian.  If only I had met my fiance 13 months ago.   Thank you for the many details and clarifications.  Let the process begin, for what it is.

 

My understanding of my Chinese visa is the duration it is valid is 10 years, but I am not able to stay more than 30 days per visit, or there will be significant fines.