Spouse visa / getting married in US on travel visa

[HRQX 4,145]

6 minutes ago, Annevilwill said:

Just there is info in internet that if once you applied for spouse/fiancé visa, you are not allowed to enter US on tourist visa and its a regulation. But you said tis is not true.

Many have visited the US while having pending spouse or fiance process:

 

9 minutes ago, Annevilwill said:

I should have no problems with getting an interview in Guangzhou, even if we get married in Russia, that is correct?

Yes, you are correct.

[Annevilwill 2]

2 minutes ago, HRQX said:

Many have visited the US while having pending spouse or fiance process:

 

Yes, you are correct.

thank you!

 

seems like we are not moving to US by 2022, considering all the issues with borders and time for getting visa, regardless its fiancée or spouse lol.

[Annevilwill 2]

Just now, Annevilwill said:

thank you!

 

seems like we are not moving to US by 2022, considering all the issues with borders and time for getting visa, regardless its fiancée or spouse lol.

btw is it true that person cannot enter US now if she is holding a valid fiancé visa? A person I know from China received it but she said now holders are not permitted to enter...😪

[pushbrk 13,043]

6 minutes ago, Annevilwill said:

btw is it true that person cannot enter US now if she is holding a valid fiancé visa? A person I know from China received it but she said now holders are not permitted to enter...😪

Travel restrictions are a mess right now.  Getting an interview in Guangzhou is not a problem.  You don't see anything saying a person in a US spouse visa process can't enter the US during the process, because there is no such prohibition.  Each entry is a judgment call.  When the time comes, get some current advice here how to prepare for a successful entry.  

[Annevilwill 2]

4 minutes ago, pushbrk said:

Travel restrictions are a mess right now.  Getting an interview in Guangzhou is not a problem.  You don't see anything saying a person in a US spouse visa process can't enter the US during the process, because there is no such prohibition.  Each entry is a judgment call.  When the time comes, get some current advice here how to prepare for a successful entry.  

Thank you:) will do so! this is very helpful forum!

[HRQX 4,145]

17 minutes ago, Annevilwill said:

btw is it true that person cannot enter US now if she is holding a valid fiancé visa? A person I know from China received it but she said now holders are not permitted to enter...😪

She cannot travel directly to the US. She would have to go to unrestricted country or area (e.g. Hong Kong, Macau, South Korea, Mexico, Japan, Turkey, Serbia, Croatia, Russia, etc.) for 14 days and then travel to the US:

 

 

The situation would most likely be very different when you get your visa.

Edited January 18, 2021 by HRQX

[Annevilwill 2]

3 minutes ago, HRQX said:

She cannot travel directly to the US. She would have to go to unrestricted country or area (e.g. Hong Kong, Macau, South Korea, Mexico, Japan, Turkey, Serbia, Croatia, Russia, etc.) for 14 days and then travel to the US:

 

 

The situation would most likely be very different when you do get your visa.

oh that's interesting, I shall tell her that! thanks!

[HRQX 4,145]

29 minutes ago, Annevilwill said:

oh that's interesting, I shall tell her that! thanks!

Also tell her that she would need proof of a negative COVID-19 test (done during the 3 calendar days preceding the flight's departure from the unrestricted country) or documentation of having recovered from COVID-19.

https://www.cdc.gov/quarantine/fr-proof-negative-test.html

https://www.cdc.gov/quarantine/pdf/global-airline-testing-order_2021-01-2_R3-signed-encrypted-p.pdf

 

 

I recommend to follow US news this week to see if Biden ends the mainland China proclamation and thus the travel to unrestricted country for 14 days path I mentioned in my previous post would no longer be necessary.

Edited January 18, 2021 by HRQX

[Coco8 1,042]

3 hours ago, Annevilwill said:

We wanted to move out China by middle of 2022

 

This timeline works for a marriage visa. I'm sure you can find a quick place to get married in China, Hong Kong, or a country nearby; then apply for the visa while you are living in China.

 

If you read the forum more, you'll see that everyone will recommend the CR1 visa over the Fiance visa. The CR1 (marriage) has a lot more advantages. 

 

 

[Penguin_ie 5,995]

**** Moving from Cr-1 spousal visa to What Visa Do I Need forum as op is not sure yet which visa path to take *******

[Orangesapples 1,954]

5 hours ago, Coco8 said:

 

This timeline works for a marriage visa. I'm sure you can find a quick place to get married in China, Hong Kong, or a country nearby; then apply for the visa while you are living in China.

 

If you read the forum more, you'll see that everyone will recommend the CR1 visa over the Fiance visa. The CR1 (marriage) has a lot more advantages. 

 

 

It looks like this is not an option for OP because they can't get married in China and they can't leave China and return. I came on a fiance visa and I normally advise against them but in this situation it seems like the best option. 

[Adventine 3,201]

Given that they can't get married in China and any attempt to leave mainland China now will mean a one-way trip for OP and fiancé, this does sound like one of those rare situations where a K1 visa is a better choice than a spousal.

[Coco8 1,042]

What if they get married via proxy in Montana, is it? I know it was said that it wasn't a good option in other cases, but I would think that this would be an exception and this couple has been living in China for a long time (and presumably together or in a relationship for a while) .

Edited January 18, 2021 by Coco8

[HRQX 4,145]

42 minutes ago, Coco8 said:

What if they get married via proxy in Montana, is it? I know it was said that it wasn't a good option in other cases,

Montana double proxy marriage is definitely accepted by USCIS. But I assume the US citizen in this case isn't a member of the US Armed Forces on active duty. Thus they are not eligible for such marriage. https://leg.mt.gov/bills/mca/title_0400/chapter_0010/part_0030/section_0010/0400-0010-0030-0010.html "One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202."

 

 

If you meant the Utah online marriage, then US immigration has started to crack down on that.

[Coco8 1,042]

8 minutes ago, HRQX said:

Montana double proxy marriage is definitely accepted by USCIS. But I assume the US citizen in this case isn't a member of the US Armed Forces on active duty. Thus they are not eligible for such marriage. https://leg.mt.gov/bills/mca/title_0400/chapter_0010/part_0030/section_0010/0400-0010-0030-0010.html "One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202."

 

 

If you meant the Utah online marriage, then US immigration has started to crack down on that.

Oh! Got it. I didn't know it was just for people in the Armed Forces.

 

Sorry, OP. It definitely sucks.