Guidance on filing DCF in China vs. K-1 for someone currently in China

[Dongbei 22]

First of all, thanks in advance for your help. This forum has been a huge help already.

 

Now to explain my situation. I'm a U.S. citizen, studying in China for over 2 years and will be returning to America this July (2018). My student visa/residence permit is set to expire in June, but I'm planning on filing for an extension to July, which shouldn't be a problem since the semester won't even be over in June.

 

I'm trying to figure out the best way to bring my current girlfriend (future fiancee and eventually wife) to the U.S. with me as quickly as possible while spending as little time apart as possible.

 

The options I'm aware of are as follows. I've listed the "cons" to these choices below. Your help in sorting out the options and making a sound decision are hugely appreciated.

 

1. K-1 Fiancee Visa

Pro

• The process seems to be well established with a lot of information on here about how to go about it.

Con

• Huge wait time – 9-12 months from what I'm reading. Given the fact that we're not engaged yet, this would mean waiting long after I'm back in the States until her visa gets approved. I'm waiting on proposing mostly due to my family, who would freak out if I proposed this early in our relationship. I've told them I'm considering it and even this has them uneasy. I want to respect that.
• Difficulty filing outside of America – I can't write a check from my U.S. bank here. I would have to first fill out all the forms, send it to my family, have them write a check for me, then send it in to the processing center.

2. DCF

Pro

• Fast (from what I've read in the past, I'm not sure about current times)

Con

• The earliest we could get married is in July. This would be right on the edge of my student visa expiring. Note: my tourist visa was never stamped "void" like my old residence permits are. I'm not sure if that means it is still valid or if they just forgot to void it but it is still void in their system? This could impact some decision making as far as timeline goes.
• Would require going back to the States to process a work visa so I can come back for another year and then do the DCF process. This isn't a huge issue, but I know there are significant costs involved and I would have to have a teaching position secured for this to work. I'm thinking the time apart following this option would be significantly less, perhaps only a matter of weeks depending on how fast my work visa can be processed and if I can begin the paperwork from within China.
• Will have to get a co-sponsor for the I-864 unless I can base it on assets (I have more than 4 times the required annual income in liquid assets). I don't think this will be a huge obstacle.

 

I'm open to marrying either in the States or China. It's not a huge issue to me. I don't think either of us want to risk filing a K-1 then trying to have her come to the US on a tourist visa. The risk of getting rejected at the border is too high and the ticket prices are nothing to scoff at.

 

Are there are options I'm not aware of? Any feedback on the above? Your help is so greatly appreciated. Thank you!

[JFH 12,191]

*~*~*moved from "DCF" to "what visa do I need" as OP is still considering the options*~*~*

 

If you ask me, it's a no-brainer. Marriage first and then CR-1 visa either through DCF or the regular route. The K-1 visa has absolutely no advantage to you whatsoever. It is only really of any use to couples who live apart in separate countries and where the foreign fiancé cannot even visit the US because of a denied tourist visa (common situation for many in developing countries). 

 

You need to to stop focusing on processing times and look at the bigger picture beyond the processing phase. This is a decision that affects the rest of your lives, not just the next 12 months. With a K-1 visa your fiancé arrives in the country on an over-priced tourist visa that allows her to stay in the country and pay even more money to become a resident if she marries you within a timeframe determined by the government. During that transition she has no legal status. She cannot work or leave the country for many months. Depending on the state of residence she may not even be allowed to drive. Given that you will be a recent returner to the country can you afford to start out again with just one wage (assuming you find a job right away)? Can her sanity bear to be out of work for months? I know mine couldn't. How much damage to her career path would a gap of many months cause? 

 

I don't know what you mean by "we are not engaged yet". Engaged is not a legal or official status. If you've decided to get married, you're "engaged". You don't need a party, ring, Facebook status update, etc to be considered engaged. USCIS and the embassy are not all interested in how you proposed. Or if you even proposed. Many couples just reach a natural point in the relationship where they realize they want to spend the rest of their lives together. You could start the K-1 process today. 

 

With a CR-1 visa your wife will be a permanent resident from the second the stamp touches the page in her passport when she lands here at whichever airport she arrives at. As such, she can work, study, travel, drive, etc just the same as any other permanent resident. She has status. It's also quicker to citizenship if that is her desire. The CR-1 is also cheaper overall - remember this is a process that affects your lives for the next 3-5 years so you need to look at the whole picture. I was working less than 2 weeks after I arrived and it helped immensely with my adjusting to my new life, meeting people, finding my way about, having a routine, etc. And I'm from an English-speaking country and had visited over 40 times before I moved. I still had some struggles. 

 

You don't have to stay in China for the entire DCF process. You have to be resident at the time of filing but you can return home during the processing if your visa expires and you need to get a job here. So you might have to spend some time apart. Big deal. Almost all of us here have to spend months (and in some cases years) apart because we don't have the luxury of being able to live together in our home countries. It's not killed any of us yet and I can promise you that none of us loves our spouse any less than you two love each other. The longest my husband and I were apart was 8 months. We survived. And now we have the rest of our lives together and I can barely remember the 8-month separation. 

 

Liquid assets should be a acceptable for the I-864. You need 3 times the amount that you would need for income if you are using assets. So if the income requirement for your household size is, say $25,000, then you need $75,000 in assets. If they are not acceptable, or not enough, you can use a joint sponsor. 

 

Unless she already has a valid tourist visa it's unlikely that she will be granted a B-2 to visit you during the process if you have to return home. But that's the reality for thousands going through this. 

 

In short, I can't think of any reason why a couple already living together would even consider a K-1. Give your wife the gift of full status when she arrives. She will thank you for it. 

[RandyW 149]

On 2/1/2018 at 5:04 PM, Dongbei said:

First of all, thanks in advance for your help. This forum has been a huge help already.

 

Now to explain my situation. I'm a U.S. citizen, studying in China for over 2 years and will be returning to America this July (2018). My student visa/residence permit is set to expire in June, but I'm planning on filing for an extension to July, which shouldn't be a problem since the semester won't even be over in June.

 

I'm trying to figure out the best way to bring my current girlfriend (future fiancee and eventually wife) to the U.S. with me as quickly as possible while spending as little time apart as possible.

 

The options I'm aware of are as follows. I've listed the "cons" to these choices below. Your help in sorting out the options and making a sound decision are hugely appreciated.

 

1. K-1 Fiancee Visa

Pro

• The process seems to be well established with a lot of information on here about how to go about it.

Con

• Huge wait time – 9-12 months from what I'm reading. Given the fact that we're not engaged yet, this would mean waiting long after I'm back in the States until her visa gets approved. I'm waiting on proposing mostly due to my family, who would freak out if I proposed this early in our relationship. I've told them I'm considering it and even this has them uneasy. I want to respect that.
• Difficulty filing outside of America – I can't write a check from my U.S. bank here. I would have to first fill out all the forms, send it to my family, have them write a check for me, then send it in to the processing center.

2. DCF

Pro

• Fast (from what I've read in the past, I'm not sure about current times)

Con

• The earliest we could get married is in July. This would be right on the edge of my student visa expiring. Note: my tourist visa was never stamped "void" like my old residence permits are. I'm not sure if that means it is still valid or if they just forgot to void it but it is still void in their system? This could impact some decision making as far as timeline goes.
• Would require going back to the States to process a work visa so I can come back for another year and then do the DCF process. This isn't a huge issue, but I know there are significant costs involved and I would have to have a teaching position secured for this to work. I'm thinking the time apart following this option would be significantly less, perhaps only a matter of weeks depending on how fast my work visa can be processed and if I can begin the paperwork from within China.
• Will have to get a co-sponsor for the I-864 unless I can base it on assets (I have more than 4 times the required annual income in liquid assets). I don't think this will be a huge obstacle.

 

I'm open to marrying either in the States or China. It's not a huge issue to me. I don't think either of us want to risk filing a K-1 then trying to have her come to the US on a tourist visa. The risk of getting rejected at the border is too high and the ticket prices are nothing to scoff at.

 

Are there are options I'm not aware of? Any feedback on the above? Your help is so greatly appreciated. Thank you!

 

 

You can get married TODAY, and file the I-130 tomorrow. All that is required is that you RESIDE in the USCIS consular district (Beijing or Guangzhou), and that the Immigrations Officer accepts your place of residence evidence.

 

The "six month" residence requirement was dropped as of 2012.

 

Somebody is WAY over-thinking this - this makes no sense whatsoever:

 

Quote

Would require going back to the States to process a work visa so I can come back for another year and then do the DCF process. This isn't a huge issue, but I know there are significant costs involved and I would have to have a teaching position secured for this to work. I'm thinking the time apart following this option would be significantly less, perhaps only a matter of weeks depending on how fast my work visa can be processed and if I can begin the paperwork from within China.

 

There is no reason why ANY of your visas would be voided.

[Dongbei 22]

28 minutes ago, RandyW said:

All that is required is that you RESIDE in the USCIS consular district (Beijing or Guangzhou)

I'm under the jurisdiction of the consulate in Shenyang since I live in Jilin. Does that mean I can't do the DCF route at all? I'd have to move to BJ or GZ to do it?

 

Edit: I looked it up, I fall under the Beijing Field Office jurisdiction.

 

28 minutes ago, RandyW said:

There is no reason why ANY of your visas would be voided.

I think they normally void tourist visas when you switch over to another visa within China. This is what happened to a friend of mine, but mine never got stamped "void".

 

For a variety of reasons, we cannot get married until July (which is when my visa expires). That's why I'm considering getting a job and staying for another year before going back to the States.

 

Thanks for your help!

Edited February 3, 2018 by Dongbei

[RandyW 149]

22 minutes ago, Dongbei said:

I'm under the jurisdiction of the consulate in Shenyang since I live in Jilin. Does that mean I can't do the DCF route at all? I'd have to move to BJ or GZ to do it?

 

Edit: I looked it up, I fall under the Beijing Field Office jurisdiction.

 

I think they normally void tourist visas when you switch over to another visa within China. This is what happened to a friend of mine, but mine never got stamped "void".

 

For a variety of reasons, we cannot get married until July (which is when my visa expires). That's why I'm considering getting a job and staying for another year before going back to the States.

 

Thanks for your help!

 

There are only TWO USCIS Field Districts in China - you are in one or the other. Shenyang MAY be able to accept and forward your petition to the USCIS in Beijing.

 

See USCIS Information

 

No - I fully expect that your tourist visa is still valid, as was mine after a year of teaching on a residence permit and work permit. You can check with the PSB Entry and Exit Bureau if you want to make sure.

[Dongbei 22]

1 hour ago, RandyW said:

No - I fully expect that your tourist visa is still valid, as was mine after a year of teaching on a residence permit and work permit. You can check with the PSB Entry and Exit Bureau if you want to make sure.

Do you have any idea how to check this? I assume I have to physically go and ask?

[RandyW 149]

23 hours ago, Dongbei said:

Do you have any idea how to check this? I assume I have to physically go and ask?

 

 

You will need to contact the PSB Entry and Exit Bureau for your area.