Difficulty with CR1

[James1223 1]

Hello, my partner and I are looking to start the process of immigration into the United States.

As a bit of a background, I (US Citizen) and my partner (China Citizen) have been in a relationship for about 4 years. We spent about 6 months together when he was studying abroad in America, and since then we have met in person around 3 times (Dec 2018, June 2019, Dec 2019), and we do have travel tickets, etc that can verify the times we met. We are also gay. We looked at our options, and it appears between the K1 and the CR1, most people recommend proceeding with the CR1 Visa. However, upon doing further research, my partner and I had some questions regarding the process.

 

Our biggest problem right now would be our inability to meet up with one another physically. Due to his work policies and China's current COVID regulations, he cannot easily exit the country. I thought about visiting him in China, but China has still not opened its borders for tourists, and (probably) will not in the foreseeable future due to its strict no-covid-policy. In addition, even if I were to visit him in China, our marriage could not be performed there. I know that we can technically get married in another country, but again, he cannot leave the country.

 

As a solution, my partner and I explored the Utah Zoom marriage, as it seems like this would be a convenient way for us to get married. However, I do understand that after the Utah marriage, we would have to consummate the marriage prior to submitting the I-130 by meeting up in person, which would again, be rather difficult. The last time we met was in December 2019 (essentially right before COVID), which I know would not qualify for consummation, but I was wondering if there have been exceptions to the consummate/meeting physically rule due to extenuating circumstances. If anyone has any other suggestions as well or believes that the Utah Zoom marriage is not recommended, I would be greatly appreciative to hear of them.

 

Second, my partner is technically a part of the CCP. He joined when he was in undergrad as it would help open doors for better job opportunities. Besides the annual fees (which I believe is handled by the company he is working in), he doesn't really do much else with the CCP. I know that members of the CCP face difficulty in immigrating to the United States, so I was wondering if anyone had any suggestions or experience with that. In addition, since I have heard that the Utah Zoom Marriage can be seen unfavorably by the immigration officers, I was worried that the combination of CCP membership + Zoom marriage would be largely detrimental to the success of our application.

 

Last question, would it be best for my partner and I to look for an immigration lawyer to help with our case, seeing as it might be more complicated, or would it be something we could take care of ourselves?

 

Thank you so much for the help, we greatly appreciate it!

Edited May 16, 2022 by James1223
added more information

[Pleasework89 47]

It all really depends on where you are financially...and how much patience and fortitude you have. A lawyer might be able to answer your questions and help guide you make an inform decision. 

 

But you also have to consider that you would be able to file a k1 visa now, but an i130 filing date is a big fat TBD...as in you don't know when. I checked online, and anyone can correct or agree with me but the k1 fiance visa is 10.5 months estimated processing time and a cr1 visa can vary from 5 to 14.5 months processing time. 

 

I am in China with my spouse. Taveling here doesn't seem like it will be possible for you, like you mentioned. Individual neighborhoods and buildings get put into lock down at a moments notice and you essentially can't go anywhere without a green code on your mobile health kit app.  

 

If you can't wait, k1 for fiance, that is my two cents. 

[Redro 4,612]

22 minutes ago, Pleasework89 said:

It all really depends on where you are financially...and how much patience and fortitude you have. A lawyer might be able to answer your questions and help guide you make an inform decision. 

 

But you also have to consider that you would be able to file a k1 visa now, but an i130 filing date is a big fat TBD...as in you don't know when. I checked online, and anyone can correct or agree with me but the k1 fiance visa is 10.5 months estimated processing time and a cr1 visa can vary from 5 to 14.5 months processing time. 

 

I am in China with my spouse. Taveling here doesn't seem like it will be possible for you, like you mentioned. Individual neighborhoods and buildings get put into lock down at a moments notice and you essentially can't go anywhere without a green code on your mobile health kit app.  

 

If you can't wait, k1 for fiance, that is my two cents. 

K1 visa is no longer an option for them. 

K1 needs to be filed within 2 years of them last meeting. 

• Evidence you met your fiancé(e) in-person within two years of you filing your Form I-129F. If you haven’t met within two years, submit evidence that meeting in-person would violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice or would be an extreme hardship on the petitioner.

OP and his partner need to meet once more to file either the K1 or the spousal. 

K1 because they last met more than 2 years ago.

Spousal because they need to meet after Utah wedding. 

Edited May 16, 2022 by ROK2USA

[Crazy Cat 42,320]

42 minutes ago, Pleasework89 said:

I checked online, and anyone can correct or agree with me but the k1 fiance visa is 10.5 months estimated processing time and a cr1 visa can vary from 5 to 14.5 months processing time. 

That is just the USCIS approval of the initial petitions.  Those times do not include NVC processing time or consulate backlogs.  I would add 6 months to each of those. 

[Crazy Cat 42,320]

1 hour ago, James1223 said:

I was wondering if there have been exceptions to the consummate/meeting physically rule due to extenuating circumstances. If anyone has any other suggestions as well or believes that the Utah Zoom marriage is not recommended, I would be greatly appreciative to hear of them.

I have seen no exceptions.  Since you have to meet again to file either, I would go the Utah online meeting route, meet again, then file the I-130 to start the spousal visa process.  

[Dashinka 24,800]

I agree, I would take the Utah Zoom route and look for a possible 3rd country to conduct a brief meeting to allow you to file the I130.  Not sure if a Chinese citizen can still travel to South Korea, but that may be an option.

 

As @ROK2USA pointed out, the K1 at this point would also require a physical meeting (last meeting in Dec 2019, so would have required an I129F filing by Dec 2021), so I would recommend the spousal visa route instead as it is a far more superior visa.

 

I am not sure if a lawyer can help you at this point given the situation.  The CCP membership will be interesting and may require legal help when you get to that stage, but I understand there are exceptions if the intending immigrant can show they joined involuntarily (see linked article below).

 

Good Luck!

 

https://workpermit.com/news/us-immigrant-visa-ban-chinese-communist-party-members-20201007

Edited May 16, 2022 by Dashinka

[Crazy Cat 42,320]

1 hour ago, Pleasework89 said:

It all really depends on where you are financially...and how much patience and fortitude you have. A lawyer might be able to answer your questions and help guide you make an inform decision. 

 

But you also have to consider that you would be able to file a k1 visa now, but an i130 filing date is a big fat TBD...as in you don't know when. I checked online, and anyone can correct or agree with me but the k1 fiance visa is 10.5 months estimated processing time and a cr1 visa can vary from 5 to 14.5 months processing time. 

 

I am in China with my spouse. Taveling here doesn't seem like it will be possible for you, like you mentioned. Individual neighborhoods and buildings get put into lock down at a moments notice and you essentially can't go anywhere without a green code on your mobile health kit app.  

 

If you can't wait, k1 for fiance, that is my two cents. 

They do not qualify to file a K-1 now due to the 2 year meeting requirement.  I don't think an attorney can answer anything more accurately than our great VJ members.  

[Crazy Cat 42,320]

2 hours ago, James1223 said:

In addition, since I have heard that the Utah Zoom Marriage can be seen unfavorably by the immigration officers, I was worried that the combination of CCP membership + Zoom marriage would be largely detrimental to the success of our application.

Where have you heard this?  That has not been the case for the members here.  A legal marriage is a legal marriage......

[Redro 4,612]

39 minutes ago, Crazy Cat said:

Where have you heard this?  That has not been the case for the members here.  A legal marriage is a legal marriage......

Maybe fear mongering lawyers who always state you can't possibly file for a spousal or K1 visa without paying a middle man. 

[Mike E 11,742]

1 hour ago, ROK2USA said:

Maybe fear mongering lawyers who always state you can't possibly file for a spousal or K1 visa without paying a middle man. 

FUD from lawyers and Reddit and a good number folks on VJ truth be told.  
 

USCIS and State have no legal way to not honor a Utah County marriage certificate.  In the end, physical time together after the marriage service is performed is what matters.  

[Boiler 46,121]

It probably makes more sense to conventionally marry, I only say that as anything shall we say unusual can potentially cause a hickup.

 

However in this case the OP issue is how and where and when to meet.

[carmel34 3,655]

Either way, a K-1 fiancé visa, or get married (Utah Zoom or in person) and go for a CR-1 spousal visa, requires that you meet in person at least once prior to filing an I-129F or an I-130 petition.  If he can't leave China and you can't go to him, you'll just have to wait a few more months and hope that the COVID-19 situation and related travel policies in China ease up a bit so that you can meet somewhere.  US citizens can enter China right now, but they have very strict COVID-19 testing/vaccination requirements and a 14-day quarantine policy, so that may not be practical for you if you can't take 3 weeks off work to make the trip.  You have not seen each other for nearly 2 and a half years, and have been able to keep up with a long-distance relationship during that time, so you should be able to hang on for a few more months until traveling to meet each other is easier.  Good luck!

[James1223 1]

Thank you everyone for the help! It seems like the best thing to do now is proceed with the spousal visa in some form and go from there. It is indeed our concern about how we can meet in person to either have the marriage or consummate the proxy marriage. We were both hoping that there may have been exceptions to the rule due to the current environment of COVID-19, but unfortunately, it seems not (saddening, but expected).

 

We were also worried as it seems like China has been trying to prevent its citizens from leaving the country at this point (stories of tearing up visas, etc) and thought that the situation may quickly get worse, which is why we were wondering if there were any ways to quickly (as best as possible) go through the process. 

 

Thank you everyone for the help though, I greatly appreciate everyone who read the thread!

[JeanneAdil 6,656]

Before filing for any petition ,  read what USCIS says about the CCP 

and at least consult an attorney (a good immigration attorney who really knows what is involved)

a consultation fee is a small fee compared to what u will be spending on travel ,  petition and a waiver plus all the time to go thru this process

 

https://www.uscis.gov/policy-manual/volume-8-part-f-chapter-3

 

u joined when a grad and to seek better job opportunities (a good lawyer might be able to stretch the Purpose of obtaining employment part or he may know of other options that qualify for a waiver / u are going to need that 

 

excepted noncitizens if their membership or affiliation “is or was involuntary, or is or was solely when under sixteen years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes.”^[15]