P3 FAQ

A Candle for Love – K1/K3/CR1 VISA FAQ

CONTENTS:

1) Section 1 contains general comments about the visa options. Because there are many FAQs and Step by step guides available, this reference is kept to a minimum, but contains links for further reference.

2) Section 2 is intended to provide additional links for further reference

IMPORTANT NOTE:
These are compilations and consolidations from other peoples questions and answers posted on the Candleforlove.com web page and other pages. You should read this FAQ with that in mind, because things change faster than this FAQ.

If the question or answer is familiar to you, thank you for your contribution. In some cases, the original has been edited for this FAQ. These questions and answers are only related to the visa process for those petitions going through the US Consulate in Guangzhou. If you find something that does not seem correct, please email or post about it, that way this FAQ can be updated. Remember these questions and answers are based on other people’s opinions or experiences only.

WHERE TO GET FURTHER INFORMATION:

1) This FAQ will contain common and frequent questions but may not have some information you need. It is recommended that you look at the following CFL FAQs:

2) http://candleforlove.com/forums/index.php?showtopic=11293

a. CFL Visa FAQ

b. CFL DCF FAQ

c. CFL P3 FAQ

d. CFL P4 FAQ

e. CFL Interview FAQ

f. CFL Interview Questions FAQ

g. CFL AOS FAQ

3) CFL searchable database (www.candleforlove.com)

4) Visa Journey FAQ (http://www.visajourney.com/faq/k1faq.htm )

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K1 / K3 / CR1 Visa FAQ

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Section One: Questions related to K1/K2/K3/K4/CR1/CR2/IR1/DCF applications.
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Q.1.1What is a FAQ?
Q.1.2 K1?

Q.1.8 CR-1 and IR-1?

Q.1.9K3 and CR1: Submit both or just CR1?

Q.1.11 How about posts other than mainland China?

Q.1.12 Does it matter where we get married in China?

Q.1.13 What is a priority date?

Q.1.14 Where are the interviews held?

Q.1.15 What is the issue of ‘public charge’?

Q.1.16 What is the difference between the I-864 and I-134 affidavit of support forms?

Q.1.17 Is a Medical Exam required?

Q.1.18 Which Visa types require vaccinations?

Q.1.19 Adjustment of Status to Lawful Permanent Resident?

Q.1.20 Removing Conditions on Lawful Permanent Resident?

Q.1.21 Upgrading a Petition - If You Were an LPR and Now are an American Citizen?

Q.1.22 I have a travel visa. Can I go to the US and marry my SO and stay?

Q.1.23 What fees can be expected throughout the process?

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Section two: Links and Resources
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Q.2.1 What FAQ materials or regulations can I refer to?

Q.2.2 Where can I see sample forms?

Q.2.3 Where can I see processing center information?

Q.2.4 Where can I see timelines on the internet?

Q.2.5 Information on getting married in China?

Q.2.6 My SO is/was a member of the communist party. How do we deal with this issue?

Q.2.7 My SO has a child, where can I look for info?

Q.2.8 How do you recommend I search for information?

Q.2.9 Is there a Chinese website that my Chinese fiancée/husband/wife can visit?

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(30 May 2005)

Q.1.1 What is a FAQ?

A.1.1.1
FAQ is an acronym for Frequently Asked Questions.

A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help people who are new to the subject get a basic level of understanding by answering the questions that are frequently asked. It is considered common courtesy in the on line world to read the FAQ before posting your question as it may already have the answer you need, or it might help you to formulate your questions so that someone else can more easily help you when you ask them.

A.1.1.3
There are a lot of acronyms and abbreviations used on the CFL forum. Please read the CFL FAQ for the definitions of the commonly used ones.

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(Edited 1 Nov 2005) -- Visa Journey

The U.S. citizen petitions to the USCIS Service Center for fiancée visa approval, the approval is forwarded to the foreign U.S. consulate where the foreign fiancée
lives.

The foreign fiancée gathers certain paperwork, attends an interview, and (hopefully) gets the fiancée visa, travels to the U.S., marries in the U.S. and applies to adjust status during the first 90 days to permanent resident status.

Typically quicker than a spousal visa

Can work upon entry after getting social security card and an EAD. An EAD is applied for at the same time you file for AOS (after marriage). Typical wait times are 90 days to get the EAD).

May allow for a "get to know your fiancée better" period before marriage, since the visa is good for 90 days. If you pursue a spousal visa you MUST marry before you apply for a visa to enter the US.

Will need advance parole in order to travel outside the US, will have to file adjustment of status after entry.

If the relationship fails before the green card is received, there are no other options for adjustment and the K-1 spouse has to leave the US.

K-1 visa recipients are in valid status for only 90 days and may not extend their status. K-1 visa holders should marry and file adjustment of status within 90 days after entry into the US.

Only U.S. citizens can file for a fiancée visa.

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States.

K1 Overview and Flow Charts:

CFL overview of K1 process:

http://candleforlove.com/forums/index.php?showtopic=14500&view=findpost&p=174556

Visa Journey Step by Step guide for K1:

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1guide

Visa Journey Flow chart for K1:

http://www.visajourney.com/forums/index.php?autocom=custom&page=k1flow

001 Visa Flow chart for K1:

http://www.laogonglaopo.com/001files/K1_FlowChart_EN_Rels.htm

http://www.geocities.com/shayna61/fiancevisachecklist.html

How do I bring my fiancée to the US:

http://uscis.gov/graphics/howdoi/fiance.htm

How do I change my fiancée’s status to Lawful Permanent Resident

http://uscis.gov/graphics/howdoi/hdifiance.htm

Advanced Parole:

http://uscis.gov/graphics/howdoi/travdoc.htm

Emergency Travel:

http://uscis.gov/graphics/services/Emergency/index.htm

Advanced Parole FAQ:

http://www.hooyou.com/advanceparole/faq.html

Spouse and Fiance(e) of an American Citizen

http://travel.state.gov/visa/immigrants/types/types_1315.html

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(Edited 30 June 2005)

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

Child: Unmarried child under the age of 21 years. A child may be natural born, step or adopted. If the child is a stepchild, the marriage between the parent and the American citizen must have occurred when the child was under the age of 18. If the child is adopted, he/she must have been adopted with a full and final adoption when the child was under the age of 16, and the child must have lived with and been in the legal custody of the parent for at least two years. An orphan may qualify as a child if he/she has been adopted abroad by an American citizen or if the American citizen parent has filed an immediate-relative (IR) visa petition for him/her to go to the United States for adoption by the American citizen.

In certain visa cases a child continues to be classified as a child after he/she becomes 21, if the petition was filed for him/her when he/she was still under 21 years of age. For example, a IR-2 child of an American citizen remains a child after the age of 21 if a petition was filed for him/her on or after August 6, 2002, when he/she was still under 21 years old. The child must meet other requirements of a child as listed above.

Stepchild: A spouse’s child from a previous marriage or other relationship. In order for a stepchild to be able to immigrate as a “child,” the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age.

Son / Daughter:

An unmarried “son or daughter” is a person who was once a “child” but who is now 21 years of age or older. A “married son or daughter” is a person who has a recognized parent-child relationship, but who is also married, regardless of age.

Adopted Child:

An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years

An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen,

Adopted Sibling:

A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child

http://www.kamya.com/intro/k-2.html

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(Edited 3 June 2005) -- Visa Journey

The U.S. citizen marries the foreign fiance in the USA or in another country (could be home country), the foreign fiancée goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

As soon as the US citizen receives the notice of receipt from the service center for the I-130 petition, the US citizen files an I-129F petition to the Chicago center address for a K-3 visa. Chicago sends this to the Missouri Center, and after Missouri approves the petition, it is forwarded to the foreign US consulate.

The remainder of the K3 spouse petition is similar to a fiance visa process. The K-3 spouse files for adjustment of status after entering the US, however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa.)

If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident.

K3 visa holder can work upon entry after getting social security card and an EAD.

NO advance parole needed for travel outside the US. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa.

K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status.

After receiving the k3 visa, the spouse enters on the K3 and is allowed to work and to travel, and may file adjustment of status BEFORE the I-130 petition is
approved.

Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.

A.1.4.3 Minuses

K3 visa holder will have to file adjustment of status after entry or do consular processing of an I-130 in order to gain resident status.

May only adjust status based on marriage to original petitioner.

If the marriage fails before adjustment of status is complete, will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if the marriage fails.

EAD (work) card must be obtained via mail to Chicago INS office, and there will be some waiting time before one can work. The exact amount of time for work authorization is not known, but is thought to be a few months, possibly more.

K4 has to follow the K3 within 6 months if you file together.

Visa Journey Step by Step guide for K3:

http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide

Visa Flow chart for K3 from 001:

http://www.laogonglaopo.com/001files/K3_FlowChart_EN_Rels.htm

K3 Regulations:

http://www.immigrationlinks.com/news/news1125.htm

K3 Visa Implementation:

http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html

Federal Register:

http://www.nallaseth.com/documents/NewK1Rules.htm

Guide To V and K3 Processing:

http://travel.state.gov/visa/laws/telegrams/telegrams_1399.html

Spouse and Fiance(e) of an American Citizen

http://travel.state.gov/visa/immigrants/types/types_1315.html

How do I bring my spouse to live in the US?

http://uscis.gov/graphics/howdoi/spouselive.htm

New Family Visa Regulations Issued with the Aim of Speeding Up Processing of Overseas Spouses and Children of U.S. Citizens

http://www.usavisacounsel.com/art_30.htm

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(Edited 3 June 2005)

Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiancée, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child.

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition as long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

K4 has to follow the K3 within 6 months if you file together; 1 year if filing separately

See K2 definitions for child.

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(Edited 3 June 2005)

Q.1.6 CR-1?

The U.S. citizen marries the foreign fiance in the USA or in another country (could be home country), the foreign fiance goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes so long to approve and the K-3 is relatively fast. In some cases the I-130 is approved fast enough though that this option is better then a K-3 (or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can abandon the K-3 and pursue the IR-1 / CR-1 instead).

Both the CR-1 and K-3 go to NVC for processing. The K-3 and K-1 GENERALLY only spend a few weeks here. The CR-1 has additional "hands on" work to do (fee bills Agent of Choice I-864 & DS-230). The P3 information will come from NVC not Guangzhou.

Once "case is completed" at NVC it gets forwarded to GUZ. Then P-4 and interview are about the same process as the K visas

Some folks at VJ recently report having sped through NVC in 68 days after getting a case number using various shortcuts. Typically 3- 6 months is what this has taken most to get through the NVC approval cycle in the past.

A.1.6.3
A CR-1 Immigrant Visa has the added step of NVC approval after USCIS Service Center approval (DCF I-130's are slightly different) but before being sent to post. This step eliminates the need of Adjustment Of Status that the quote/unquote "NON IMMIGRANT" "K" visas do "after the fact".

1. After a few weeks of waiting for NVC to assign a new case # (GUZ type) we have to elect an Agent of Choice, on form DS-3032, (lawyer, petitioner, Beneficiary, etc.) where we want subsequent paperwork to be sent. (This must be signed by your wife and returned by her before the NVC will proceed.)

2. We then receive the Affidavit of Support and IV fee bills. (and freeze everything until your check clears the bank.)

3. After the payment of these fees to St. Louis is reconciled with NVC Portsmouth, NH they generate and mail the I-864 and later the DS-230 packages.

4. The DS-230 package contains a GUZ Special P-3 supplemental sheet. The NVC DS-230 package takes the place of a GUZ P-3. So that NO p-3 is sent out from GUZ for a CR-1, assuming your wife has named you agent of choice in the DS3032.

5. Both the forms have a bar coded case# sheet that must be returned- additionally the I-864 has a Tax Info release form that has to be signed and is bar coded. The DS-230 package will have a GUZ special P-3 Supplemental form in it that must have Chinese entries (can be downloaded in advance here at links and resources P-3/4) and ALSO a photocopy of the S/O's passport bio. page.

6. The I-864 goes for a review cycle and also the DS-230 upon receipt at NVC . There is also a final review of ALL required documentation whereupon NVC will report "case completion" and later forward it to the Consulate

5. From this point NVC ships the file to GUZ, clearance delays, log-in times, name checks GUZ, P-4 and the interview process are about the same as a K visa.

A CR1 visa holder can work upon entry (no restrictions).

This is an "immigrant" Visa and will as such allow the applicant to arrive in the US as a permanent resident.

They will not require an Advanced Parole document to leave the US for travel or require an EAD to work.

As of April 2005 many applicants have reported that IR1/CR1's are faster than the K-3 option. This may change at any time though.

"The interview can last for as littles as 10 minutes or up to an hour depending upon your specific case. You relative will take an oath under US law to tell the truth, and it is very important that your relative answer every question as truthfully as possible. In general, it is a good idea that your relative bring documentation to prove strong ties and a relationship with you, the petitioner. (i.e. phone bills, letters etc.) If the consulate officer approves your relative's immigrant visa application, your relative will be issued an immigrant visa that allows your relative to become a US permanent resident. Your relative will become a U.S permanent resident only when he/she enters the U.S at a port of entry, until this time, he/she only has an immigrant visa that is valid up to 6 months from the interview date. If your relative cannot immigrate to the U.S within the 6 month allotted time, then his/her immigrant visa will expire, and the I-130 process must start all over again. Also, if your relative is your wife or husband and you have been married for less then 2 years at the time of his/her arrival at a port of entry, then he/she will receive a temporary I-551 Stamp and then later a Green Card by mail good for only 2 years. Ninety days before the green card expires you will have to file an I-751 form to remove it's conditional status."

If she is CR1 she is finished and only waiting on a green card. She can come and go as she pleases. The issue is the country she is visiting. Canada for instance can be fussy if she doesn't have the green card yet. They may or may not accept the stamp in her passport. As I understand it though the green card for CR1 usually comes in about a month once they enter the US.

your wife is CR/IR-1, so she will become a legal permanent resident when she first enters the US. The IO should stamp her passport with an I-551 stamp which acts as a temporary green card until she receives the actual card a few weeks later. With either the stamp or the actual green card, she can return to the US without additional paperwork unless her length of stay outside the US is for longer than a year.

Visa Journey Guides

http://www.visajourney.com/forums/index.php?autocom=custom&page=guides

Visa Journey, NVC Flow Chart:

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

Visa Flow chart from 001:

http://www.laogonglaopo.com/001files/AmericaCR1_FlowChart_EN_Rels.htm

How do I bring my spouse to live in the US?

http://uscis.gov/graphics/howdoi/spouselive.htm

A Guide to K1 and IR-1/K3 Visa Procedure

http://www.cebu4luv.com/fw/

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(Edited 30 June 2005)

Q.1.7 CR-2?

A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.

If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now.

See K2 definitions for child.

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(Edited 31 May 2005)

Q.1.8 CR-1 and IR-1?

CR" stands for "Conditional Residency". IR stands for “Immediate Relative”.

If you are married less than two years, that would be a CR-1. You need to be married two years for an IR-1 status.

You file for a CR-1 by filing an I-130 form. " If you are a U.S. citizen and your marriage is less than 2 years old, your spouse will receive this kind of visa under the immigrant visa category. A CR-1 enjoys all the benefits as an LPR does, except, both you and your spouse will have to file a petition together to lift the conditional status 21 months after your spouse becomes a conditional resident (3 months before the conditional green card expires).

Please note that if your marriage is less than 2 years old, your spouse will receive a conditional green card which will be valid for 2 years. You and your spouse MUST file form I-751 (Petition to Remove the Conditions of Residence) jointly 90 days before your spouse's green card expires.

You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.

See first Q&A:

http://www.usvisahelp.com/answer%2012-1-05.html

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(Edited 23 Oct 2005)

Q.1.9 K3 and CR1: Submit both or just CR1?

As far as filing the I-129F now, the only drop dead date is the "priority date" for CR-1 visa issuance. A K-3 cannot be issued if an immigrant visa is immediately available, and availability is usually established by the priority date. So, if the I-130 has not yet been approved, I would think that the I-129F could be filed.

If the I-130 reaches the consulate first, the K-3 (I-129F) is usually cancelled, and the applicant finishes processing the CR/IR-1 immigrant visa. If the K-3 reaches the consulate first, the applicant usually has the option of cancelling the K-3 and waiting on I-130 or continuing with the K-3. If the K-3 is approved and the applicant enters the US on that visa, he/she will then have the option of adjusting his/her status to legal permanent resident while in the US or returning to the interviewing consulate to finish the CR/IR-1 processing. If the CR/IR-1 is approved, the applicant then re-enters the US as a legal permanent resident and no adjustment of status is necessary.

The CR1 will sit at the NVC for 3-4 months while you get all your paperwork sent in. The K visa's only stay at the NVC for 1 month. So if the time diff between your service center and Chi is significant enough, the K3 is still worth filing.

In my case and many other's the only purpose of the K3 is to get us a place in line for the interview several months quicker. While the CR1 finishes processing and is received at GZ. In my case I guesstimate the K3 helped xxxx to get an interview 5 months earlier then if just the CR1 was sent thru.

For people dealing with China, if you're married, I still would advise sending in the application for K3 ... because even though CR-1s are getting approved much faster than K3s at the USCIS service centers, the CR-1 takes much longer at the NVC stage. So the time savings is not as great as you would think. And then if you should have any problem or tie-up in the CR-1 case, such as an RFE, then the K3 case could surpass it. The K3 is like an insurance policy.

A K-3 at the MSC service center lately takes 7 months. CSC takes approx 1-2 months on the I-130. MANY of us here have seen our I-130 get approved at our service center spend 3-6 months at NVC and STILL beat the K-3 approval cycle at MSC. Also ALL I-129F/K-3 are filed at MSC- not your regional service center. – June 2005

A.1.9.5

I had two horses in the race (the I-129F and I-130). I took the one that finished first.

#2. Maybe waited out a K-3 as the applicants had a child and had not filed SEPERATE I-130's for them.

#3. Close race and the K-3 was a little faster but choose to go with the CR-1. No EAD, AOS, also LPR status much sooner- Some have found that their state will not consider you a resident for College tuition purposes unless a LPR or Citizen.

K1 (I129F): Visa applied for if you intend to marry. Applied for at your local service center
CR1 (I130): Visa applied for if you are married. Applied for at your local service center
K3 (I129F): If you are already married, you have the option of applying for this visa after you receive your application number for the received I130. This is a special form of the I129F and is applied for at the National Visa Center in Il.

If you are already married, there are several possible outcomes if you file for both the CR1/K3:

1) CR1 gets approved first, goes thru all the processing at NVC (at least 2-3 months) and arrives in GZ before the K3. Your wife/husband will have a CR1 interview, receive a temp green card as soon as they arrive in the US. No more interviews. You can apply for a SSN the first day they are here.

2) K3 gets approved first. K3/K1 only spend about 1 month at the NVC before they are sent overseas. Your wife/husband will have to have an AOS interview once they arrive in the US. I'm not sure when they will be able to work with this status. And despite all the conjecture here, I don't believe there's any difference between K3/K1/CR1 interviews. Consulate reps use the same measure to determine truthfulness of your relationship. I doubt very, very highly they look at a particular relationship and think, "Since this is a K1, I'll approve. If it was a CR1, I'd look on it differently".

3) CR1/K3 get approved roughly the same time. Since the K3 spends little time at the NVC, it will arrive at GZ much more quickly. If the CR1 gets sent to GZ before the K3 interview, then you've spent your money to file the K3 to get your honey here quicker. You will be filling out paperwork for both the CR1 and K3 at the same time. But, as in my case, filling out the P3 for the K3 will get you into the queue earlier for an interview. The times to get an interview are the same K1/K3/Cr1 once the paperwork is at GZ.

So basically it just comes down to a question of timing. And how cheap you are are. In my case, I think having the K3 arrive at GZ while I was working on CR1 paperwork at the NVC shaved about 4 months off my schedule for CR1 processing. The CR1 arrived at GZ about 1 1/2 weeks before the K3 interview was scheduled. GZ immediately called Fanny and notified her that her interview was being changed to a CR1 interview.

So we got the CR1 interview which makes for an easier time once your SO is in the US. And got the interview about 4 months quicker cause the K3 got us into the queue.

If you want to go the K-3 way, you can start by filing the I-130 for your wife but not necessarily for your stepchild. Of course, filing initially for both is the most expedient way of doing it because eventually you'll have to file the I-130 for the child anyways but it is not needed for an NIV.
The visa for the child would be the K-4, which is a derivative of the K-3, meaning the child will get the visa solely on the mother's K-3.
The K visas are nonimmigrant visas (NIVs).
Alternative to the K-3 and K-4 are the immigrant visas (IVs). IR/CR-1 and IR/CR-2. IR is Immediate Relative and CR is Conditional Resident. The 1 is for spouse and the 2 is for child.
In this case, the I-130 will need to be filed simultaneously for the mother and child because the immigrant visa has no derivative visa for a child.

I married in Beijing 9-14-05. She has a 5 yr old daughter. I would think that it is less hassle to get certified single in USA before you go and face "stone face" at the US Embassy in Beijing. If you do that BOTH of you will go through an interview and told that she won't sign it and then she does any way later.

Had to get 3 pictures made of the two of us together for the Chinese marriage registration along with my cert from embassy and our divorce papers and got the marriage registration. both of you will get one.

We then began filling out I-130 for both her and her daughter. Both need their name & address writen in Chinese. I would make copies of that or have her fill in a few of those second sheets for you to return with in th eUSA before you sign them.

Also the G-325A for her and myself. She needs sign every sheet of her's in English and Chinese. Again I would get several copies of this because you will need them again.

I-129F needs her address and name in Chinese too on page 2 and here is where you need the second set of G-325A.

I submitted both I-130 for her and her daughter, with my G325A and hers and all supporting documents translated certified, etc. We went ahead and paid for all certs rather than make copies. Cost is not that much. We got the marriage registration, and wife and daughter birth certificates made up and certified translation. Also cert translation of her divorce wich showed custody of her daughter.

When I got the receipts for both of them on CR-1 or I-130 I then submitted the !-29F and G-325s and I added supporting documents again with copies of the receipts. You are in CA which is where the TX I-130 winds up as well. It looks like a long wait in our areas for CR-1. So I did go the route of K-3/4 with the I129F which cannot be submitted until you get the CR-1 receipts.

As a spousal applicant:
1) you paid $190 for a I-130/CR1 petition to USCIS (NSC)
2) next you paid $170 for a I-129F/K3 petition to Missouri.

If you pursue the CR1 through NVC, you will get two fees from NVC:
1) I-864 / biometric = $70
2) Visa fee paid with DS-230 = $380

Then pay:
1) P3 translation fees
2) P4 medical exam / vaccination shots
3) pickup fee
4) Arrive in US with green card status. Wife can travel and work.

(I don't think you pay the interview biometric since you've paid it at NVC...)

If you pursue the K3:
1) P3 translations
2) P4 medical exam
3) Visa fee
4) Biometric fee
5) Pickup fee
6) Once in US: get vaccination shots, adjust status, civil surgeon fees... Wife can travel. Must have EAD to work (and get SSN, which she needs for a number of other things in turn).

[editor: see fee section at end for links to most up to date fee structure]

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(Edited 13 June 2005)

Q.1.10 DCF?

It's a street term for Direct Consular Filing. It is NOT an official term.

When a USC is a resident in a foreign country, they *may* be able to file the I-130 at the US embassy in the foreign country rather than sending it to the US for adjudication. Generally, a DCF filing gets approved and forwarded to GZ much faster than an I-130 filed through one of the service centers in the US.

[Editor: Please see the CFL FAQ DCF which is now a separate document, and which includes filing at posts other than mainland China (ie: Hong Kong, Sydney Australia), as well as issues regarding marrying in China.]

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(Edited 28 Oct 2005)

Q.1.11 Can a K1 Marrying in Hawaii?

Just some information to pass on, in case anyone plans to get married in Hawaii. My family is originally from Kauai, so we got married there.

You can legally change your middle and last names when you get married in Hawaii. The lady that interviewed us for the marriage license pointed it out to us several times. She said we could hyphenate Helen's last name, use Helen's maiden name as the middle name, make up any middle name we wanted to use from then on, etc. On the Marriage Certificate its written as "Declared Middle Name" and "Declared Last Name" for each person. Your names prior to the ceremony are also on the Marriage Certificate, along with parents. The person who performed the ceremony also pointed it out to us.

The only set back to getting married in Hawaii, is that you don't get an official Marriage Certificate for three to four months after the document is submitted to Hawaii Vital Records. If you need an emergency copy, then you have to request one. The emergency copy takes four weeks after the document is submitted. So make sure the person performing the ceremony submits the document immediately. Also when you apply for the license fill out the emergency copy request the same day, it only takes two minutes.

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(Edited 28 Oct 2005)

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(Edited 2 Aug 2005)

Q.1.13 What is a priority date?

Priority dates are meaningless for spouses of USC's. The ones most affected by the priority dates are immigrants of LPR's that fall into any one of the preference categories. My wife's NOA for AOS showed the same date in both the receipt date and the priority date fields on the I-797C. It had no bearing on anything that I'm aware of.

Not sure what the process is these days, but you will get a priority date on your P-3. That is the date a visa number was issued. There is no waiting list for K visas. By law, a number is always available for an approved application. Since the number is issued by the State department, it will be assigned either at NVC or GZ.

The priority date on our P3 letter, was the date of the arrival of my initial I-129f as shown on our NOA-1

My Priority date was put on my NOA-2 in Vermont on my I-130, before it was sent to NVC

Filing of I-129F after I-130 issue:

I had posted many times that I didn't think there was much significance to the priority date that several members asked about. This may have been in error. When I read Ty’s post, it dawned on me that there may be more significance to the priority date - maybe it's the drop dead date for filing for a K-3, since the priority date is the date that the immigrant visa is available thus making the K-3 application inapplicable on or after that date.

If I had to bet, I'd say that Adam got his K-3 petition in before his priority date.

editor: This significance of the last comment is that many are told by DOS that you cannot submit a I-129F/K3 if the I-130/CR1 has been approved… it appears that it may actually be that you can submit a I-129F up until the priority date is assigned to the I-130. Although it might be a very small window of time between the approval and the assignment (or maybe they are one and the same time).

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(Edited 22 July 2005)

Q.1.14 Where are the interviews held?

K-1:

K-1 is a K-1 is a K-1. If you are married - you can't be a K-1. End of story. A K-1 beneficiary will interview in the country of their legal residence - except the US. If living in China - it's GZ. If in Canada (on a student, work or landed immigrant status) it would Vancouver or Montreal. If Hong Kong, it would be HK.

CR-1/IR-1:
All married folks start with an I-130 petition that begets either a CR-1 or IR-1, depending on how long you've been married when the visa is issued. The I-130 is filed in your friendly service center -OR- if you qualify, at the nearest US consulate. Filing at a consulate is known loosely as DCF. The process is only different until the P-3 stage. Regardless of where you file, the interview is held in the same location as K-1s - country of residence, no matter where you actually got married. The exception to this is a Chinese citizen how was in the US and married a US citizen, the I-130 can be filed at the same time as I-485 to adjust status from whatever visa they are on to a permanent resident (and there are exceptions to this, too).

K-3:
K-3 option is a very odd animal for married folks only. It is filed through Chicago and is processed at the National Benefits Center in Missouri. It can not be filed any other way. There's no such thing as a DCF K-3. It does not exist. Although a DCFer could theoretically opt to file for a K-3, there's really no point in doing so since the DCF will virtually always beat a K-3 by many months. The petition is filed on an I-129F Fiancée Petition and sent to Chicago rather than the regional service center. Also, a copy of the NOA1 from the I-130 must be attached.

The odd thing about a K-3 is the interview location depends on where the marriage took place. If the marriage is in mainland China, the interview is in GZ. If it is in the US, it's the country of the Chinese person's residence other than the US. Some people marry in the US and then separate to finish up the visa process - otherwise, they would file the I-130 and I-485 concurrently. Here's the kicker - if the marriage is in HK, the K-3 interview will be in HK. Singapore, in Singapore, VN, VN. See the trend? There are exceptions to the where married rule, but that is the rule of thumb.

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(Edited 6 July 2005)

Q.1.15 What is the issue of ‘public charge’?

public charge issue is very complicated. i dont know how to explain it to you. the consular officer has the responsibility to prevent anybody who is likely to become a public charge from entering the u.s. they will consider the petitioner's income & employment status, the beneficiary's health problem, education background & work experience to decide whether the beneficiary will be a public charge when he enters the u.s.

9 FAM 40.41 Procedural Notes:

For the purpose of determining visa ineligibility under INA 212(a)(4), the term "public charge" means that an alien, after admission into the United States, is likely to become primarily dependent on the U.S. Government for subsistence.

I-864 Fact Sheet:

Every immigrant admitted to the United States must demonstrate to a Consular or Immigration Officer that he or she is not inadmissible on public charge grounds. One way to help demonstrate that an immigrant is not inadmissible is to have a person in the United States, a sponsor, sign an affidavit of support promising to provide support and assistance to the immigrant if necessary. Immigrants who have someone sign an affidavit of support for them are called sponsored immigrants.

9 FAM 41.81 Procedural Notes:

A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(15) like any other visa applicant. Evidence of support is usually requested by the consular officer. There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented. It is only necessary that the consular officer be able to conclude that the alien is not likely to become a public charge. It would not be unusual, therefore, for a healthy alien of working

age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.

9 FAM 41.81 Notes:

K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

The line for gross (total) income on IRS Forms 1040 (line 22 in 1996) and 1040A (line 14 in 1996) is used to determine income. The line for adjusted gross income is used for persons filing IRS Form 1040 EZ (line 4 in 1996).

From April each year, they'll ask for Income Tax Return of the last year.

Sponsors Household size - 125% of poverty line
2 - $16037
3 - $21112
4 - $24187
and so forth..... Hawaii and Alaska are more.

If you do not meet the 125% over poverty line, then you must have a joint sponsor to fill out an affidavit of support.

9 FAM 40.41 Notes:

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

Poverty Income Guideline:

http://foia.state.gov/masterdocs/09fam/0940041X1.pdf

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(Edited 4 July 2005)

Q.1.16 What is the difference between the I-864 and I-134 affidavit of support forms?

Note that neither an I-864 nor an I-134 is required for K# post interview; K3 applicants (and K1 after marriage) must present the I-864 when they adjust status in the United States. Posts should not routinely require an I-134, except in those cases where the consular officer deems it necessary to overcome any public charge considerations that might arise from documents presented or the interview.

Since fiancées are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to BCIS when they adjust status to conditional immigrant in the United States after they are married.

The 125 percent minimum income requirement, the need for the last three years income tax returns and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA.

This legally enforceable affidavit is a result of immigration reform legislation. Now that the foreign national spouse has indicated an intention to remain here permanently, the US wants to make sure the new immigrant does not become a burden on society.

The financial responsibility for this guarantee lies on those who sign the I-864 affidavit, and lasts until the sponsored immigrant becomes a naturalized US citizen or can be credited for 40 quarters of work. Whoever signs the affidavit must also inform the INS when they move, using form I-865, Sponsors Change of Address, after the immigrant gets approval of Adjustment of Status.

If you do not meet the guidelines for income level (125% of poverty level) you will need a joint sponsor who does meet the guidelines. The US Citizen’s spouse must submit an I-864, and the joint sponsor will also submit an I-864. If the joint sponsor is a member of your household, they will submit an I-864a "Contract between Sponsor and Household Member". Any joint sponsors must be domiciled in the United States, territories or possessions, and must be a Citizen or Permanent Resident.

It is worth nothing that some local INS offices will accept an incomplete affidavit of support with the initial AOS package, but will

require the completed affidavit at the AOS interview. The only way to know is to contact the local office and ask.

I-134 = K1, K2, K3, K4 at consulate interview, if requested

I-864 = CR1, CR1, IR1, IR2 at Adjustment of status through NVC

I-864 = K1, K2, K3, K4 at Adjustment of status in US.

It should be noted that the Guangzhou Consulate appears to request the I-134 often enough that it is wisest to always bring one, and be ready to hand over in case the beneficiary is asked for it. As well, a year of taxes and W2 is recommended, along with the employment letter, and bank letter if sufficient assets are to be considered. See CFL P3 FAQ for more information.

http://infodomain.com/general.htm

Affidavit of Support: I-134 & I-864

http://www.visajourney.com/forums/index.php?autocom=custom&page=support

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm

1-864 Check List:

http://travel.state.gov/visa/immigrants/info/info_1329.html

http://travel.state.gov/visa/immigrants/info/info_1328.html

DOS Rule on Affidavits of Support: Guidance on Reading and Evaluating I-864

http://www.americanlaw.com/affidavitrule2.html

INS Issues Affidavit of Support Instructions

http://www.immigrationlinks.com/news/news214.htm

How do I file an Affidavit of support for a relative?

http://uscis.gov/graphics/howdoi/affsupp.htm

Co-sponsor concern, How much scrutiny

http://candleforlove.com/forums/index.php?showtopic=19758

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(Edited 22 July 2005)

Q.1.17 Is a Medical Exam required ?

Since applicants for K visas are essentially intending immigrants, a complete medical examination is required in every case.

The regulations of the USPHS (see 42 CFR 34.3(b)) provide that neither a chest X-ray examination nor serologic testing for syphilis and HIV infection shall be required if the alien is under the age of 15. A tuberculin test may be required, however, where there is evidence of contact with a known case of tuberculosis or other reason to suspect infection with tuberculosis, and a

chest X-ray examination is required in the event of a positive reaction. A serologic test may be required where there is reason to suspect infection with syphilis or HIV.

US Public Health Service/Center for Disease Control (USPHS/CDC) has approved an exception to the chest X-ray requirement for pregnant women who are required to have a medical examination in connection with the issuance of a visa.

USPHS has designated the following as communicable diseases of public health significance:

(3) Granuloma inguinale;

(4) Human immunodeficiency virus (HIV) infection;

(5) Leprosy, infectious;

(6) Lymphogranuloma venereum;

(7) Syphilis, infectious stage; and

(8) Tuberculosis, active.

the physical examination is not to check communicable diseases only. i dont know why you have this idea but it is not the fact. it is a general physical exam, including skin, eyes, organs, blood pressure, brain, etc.

9 FAM 41.108 Notes:

http://foia.state.gov/masterdocs/09fam/0941108N.pdf

9 FAM 41.108 Procedural Notes:

http://foia.state.gov/masterdocs/09fam/0941108PN.pdf

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(Edited 30 June 2005)

Q.1.18 Which Visa types require vaccinations?

All applicants for immigrant visas are required to have the following vaccinations if appropriate for age, medical condition or medical history:

As a fiancée (K1 visa), you are not required to fulfill this requirement at the time of your medical examination for a fiancée visa. However, you may want to do so. These vaccinations are required when you adjust status.

She should be exempt from all of the childhood immunizations, as these are not indicated for an adult. The influenza is only given in wintertime. The Pneumococcal is only for people 65 or over. If she has a chickenpox scar on her arm, then that vaccine is not indicated. This only leaves MMR (Measles, Mumps and Rubella) and tetanus. Amy told the doc that she had the MMR shot as a child and as a result she only had to get a tetanus shot. She showed the doc her yellow vaccination book (which has no English in it) and the doc bought her story.

Another factor is if she is in childbearing years, as this will mean that several immunizations should not be given.

I was told that the necessary shots are tetanus, MMR, and a chicken pox vaccination if the patient has never had the chicken pox.

After passing the interview, we went to the Guangdong International Travel Clinic on Shamain Island. There she asked for and received the vaccinations required. They gave her an international vaccination card with the stamps of the vaccinations that she received in both english and chinese. It was a small yellow booklet.

[Editor: Please makes sure you get the International vaccination “yellow” book, and that the shots given are shown in english translation or abbreviation]

AOS vaccinations, instructions to civil surgeons
http://candleforlove.com/forums/index.php?showtopic=12980

Vaccination Requirements for Immigrant Visa Applicants and AOS Applicants

http://uscis.gov/graphics/generalvac.pdf

Frequently Asked Questions for Form I-693, Medical Examination of Aliens Seeking Adjustment of Status

http://uscis.gov/graphics/i-693faq.htm

Spouse and Fiancée of American Citizen

http://travel.state.gov/visa/immigrants/types/types_1315.html#10b (see vaccination requirements)

9 FAM 41.108 Notes:

http://foia.state.gov/masterdocs/09fam/0941108N.pdf

9 FAM 41.108 Procedural Notes:

http://foia.state.gov/masterdocs/09fam/0941108PN.pdf

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(Edited 30 June 2005)

Q.1.19 Adjustment of Status to Lawful Permanent Resident?

You are eligible to apply for adjustment to permanent resident status if you are already in the United States and You were a fiancée who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative—you start the visa process over). Your unmarried, minor children are also eligible for adjustment of status.

How can you adjust status when you have none? AOS for K- visas (IF I am correct) is to adjust status from a NON-immigrant to LPR status. As a CR/IR-1 you are still applying for an IMMIGRANT visa at NVC this time.

Who may apply to become a Lawful Permanent Resident

http://uscis.gov/graphics/howdoi/lpreligibility.htm

Becoming a Permanent Resident

http://uscis.gov/graphics/howdoi/LPRApplication.htm

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(Edited 30 June 2005)

Q.1.20 Removing Conditions on Lawful Permanent Resident?

A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident.

If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

How do I remove conditions on Permanent Residence based on marriage?

http://uscis.gov/graphics/howdoi/remcond.htm

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(Edited 30 June 2005)

Q.1.21 Upgrading a Petition - If You Were an LPR and Now are an American Citizen?

Suppose you filed a petition for your spouse when you were a lawful permanent resident (LPR). Now you are an U.S. citizen. You must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your citizenship to the National Visa Center (NVC). To prove that you are a U.S. citizen, you can send:

If you are now a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent's F2 petition. A child is not included in his/her parent's IR petition.

Upgrade a petition: If you naturalize (become an American citizen) you may ask the INS to change the petitions you filed for family members when you were a lawful permanent resident (LPR) from one category to another. This is called upgrading. For example, a petition for a spouse will be changed/upgraded from F2 to IR1. That is, the petition changes from a preference category with numerical limits to an immediate relative category without numerical limits. The applicant no longer has to wait for her/his priority date to be reached.

Upgrading a petition sometimes has consequences. A preference petition for a spouse permits derivative status for children. An immediate relative petition does not. You, the petitioner, would need to file separate petitions for each of your children.

Family First Preference: A category of family immigration (F1) for unmarried sons and daughters of American citizens, and their children.

Family Second Preference: A category of family immigration (F2) for spouses, children and unmarried sons and daughters of lawful permanent residents.

Family Third Preference: A category of family immigration (F3) for married sons and daughters of American citizens and their spouses and children. Before 1992 this was known as fourth preference (P-4).

Family Fourth Preference: A category of family immigration (F4) for brothers and sisters of American citizens and their spouses and children. The American citizen must be 21 years of age or older before he/she can file the petition. Before 1992 this was known as fifth preference (P-5).

http://travel.state.gov/visa/immigrants/types/types_1315.html#7b

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(Edited 6 Aug 2005)

Q.1.22 I have a travel visa. Can I go to the US and marry my SO and stay?

When you say travel visa, I'm assuming a tourist/visitor/work visa. It's all of question of intent when you enter the US. In other words, why are you coming the the US? To visit - ok. To work - ok. To get married - not ok.

Once you are here, things might change, but whether you will then be able to convince the USCIS that your original intent was not fraudulent will be up to you. Here is a link that talks about certain time frames and the presumptions that can occur if you try to adjust status from say a tourist to a permanent resident: http://www.kamya.com/download/0940063N.pdf Sometimes you will hear this referred to as the 30/60 day rule.

We have one member whose SO traveled to the US on a work visa and got married while she was here. She returned to China and is going through the process of obtaining a visa that corresponds to her current intent to be with her husband permanently

There's two steps to getting a green card. First, you have to get into the US legally and then have the appropriate paperwork filed to residency. Most of us need a K or CR visa to get our SO into the US. If someone had a tourist, business, student visa, applying for another type of visa isn't necessary to get here. I'm not talking about the different intended purposes of these visas, just stating the fact that any of them will likely gain admittance through a POE.

Once in the US, staying requires being married to a USC. There's a bit of spin on a CR visa holder who gets a green card issued upon entry. However, virtually any visa that gets you into the US works. A K-1 needs to get married in 90 days or leave, but tourist, business and students can stay as long as their visa is valid. They can overstay their visa indefintely as long as they don't leave the US; marry a USC and apply for their green card. Marriage to a USC forgives the overstay. The paperwork is an I-130 and I-485 filed at the same time.

The fly in the ointment is the intent on entry. If the intent is to stay in the US, one must enter on a type of visa that is appropriate for that purpose - K, CR/IR or HB. Entering on a tourist, business or student visa with the intent to marry and stay is illegal. However, if entry was with the intent consistent with the type of visa, but before leaving one decides they just can't bear to part, no harm/no foul - file the papers.

Determining intent is handled at the AOS interview. If the marriage took place a week after entry, one would likley assume it was the reason for coming here. Hence, the AOS would be denied. Or, something might come out in the interview that cast suspicion on the intent. It doesn't take too much imagination to come up with a few. Over the years I have seen many reports of marrying on tourist visas, or on the visa waiver program, with a successful AOS outcome. I have read of very, very few denials.

Be aware of a certain type of student visa that requires a return to the home country for at least 2 years after completing their studies. I don't recall seeing any instances of this being waived.

Again, there are two pieces:
1- getting into the US with the proper intent
2- marrying a USC and filing the paperwork

The law is quite specific in regards to coming here and marrying. If the intent of the visit was to get married and you come here on anything other than a K-1 visa then you are an illegal alien and can be deported and banned from the US. If the purpose of the visit is for business or tourist and you decide after you get here that you want to get married then the interviewing officer has considerable leeway in his or her decision. Very risky in my opinion. I did that with my ex wife and it worked out fine for us but that was 26 years ago and things are very different now. If you come here on a tourist visa and get married then return to China to wait out the visa process then that is perfectly fine and legal as long as you don't overstay your visa.

Depends on the (county) of the state he, she lives in. Best way is this. In the state you two want to be married, most have a website of their own, a .gov website if you will. Do a search or have him to find the .gov site for the county in the state u want to marry in. On that page look for a link to this. Register of Deeds.

Get him to go to the Register of Deeds in the county he lives in. Just ask what you need to marry someone from another country. It's real simple. Even though social security numbers are needed, if you don't have one there most of the time is a form you can fill out and have notarized. Send you the link to the county we got married in, that was in April this year. That’s all you need do. Look for Register of Deeds in the county of the state he lives in http://web.co.wake.nc.us/rdeeds/marriage/marriage.htm

Please use this site for an example. It's in North Carolina. Look for the (affidavit) in blue on this link.

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(Edited June 2008)

Q.1.23 What fees can be expected throughout the process?

Fees normally incurred by the Petitioner to USCIS and/or NVC, given in USD

I. Fiancee Visas: K1/K2

USCIS filing of petitions:

I-129F = $455 USD

II. Spousal Visas: CR1/CR2, K3/K4

a. USCIS filing of petitions:

I-130 = $355 USD, per petition (by requirement, you file for CR1/CR2)

b. Missouri Filing for K3/K4:

I-129F = $455 USD (optionally file 1 petition for K3/K4; include child on petition)

c. Filing at NVC for CR1/CR2:

I-864 = $70 USD , paid as Affidavit of Support / Biometric fee.

Immigrant visa: CR-1/IR-1 = $380 (3,154 RMB, per visa) , paid as DS-230 fee.

d. Direct Consular Filing (DCF):

i. File I-130 petition and fee to consulate

ii. See P3 and P4 below

iii. I-864 and immigrant Visa fees paid at interview.

Fees normally incurred by the Chinese beneficiary’s steps, given in RMB

P3:

Translating various documents: 500 - 3000 RMB

P4:

Exam= 800 RMB; expedited service=100 RMB.

K1-K4 Non-immigrant visa: is 810 RMB, per visa

Visa pickup=20 RMB.

Adjustment of Status: (K1 – K4)

I-485, Application to adjust status to permanent resident (required)

Biometric fee - $80 (over 14 y.o.)

Civil Surgeon fee - $50 - $200 (some CS require a physical, although this is not needed.)

Necessary Vaccination Shots - ?? ( Try to get in China since they are cheaper)

I-131, Application for Travel Document (optional)

Advanced Parole, AP – Free if filed with AOS; Filed separately = $305

I-765... Application for Employment Authorization (optional)

EAD – Free if filed with AOS; Filed separately = $340

Beginning March 8, 2005, IV applicants who have paid the current $335 IV application fee via National Visa Center, but not the new surcharge, must pay it (RMB 373.5 or $45) at post. IV applicants who haven't paid any application fee should pay a total amount of RMB 3,154 or $380, on the day of the interview. – Guangzhou Consulate Webpage

U.S. Citizenship and Immigration Services (USCIS) announced today in the Federal Register a revised fee structure for immigration benefits. The new fee structure becomes effective on October 26, 2005… See fee Schedule.

You will have to pay the visa fee for the children as well as for the mother when the time comes.

The children will need a physical, the same as the mother when the time comes. Medical fees vary.

Fees for Visa Services

http://www.travel.state.gov/visa/temp/types/types_1263.html

G-1055, Fee Schedule

http://uscis.gov/graphics/formsfee/forms/files/g-1055.pdf

Federal Register

http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-19226.htm

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General Visa Links

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Q.2.1 What FAQ materials or regulations can I refer to?

Q.2.2 Where can I see sample forms?

Q.2.3 Where can I see processing center information?

Q.2.4 Where can I see timelines on the internet?

Q.2.5 Information on getting married in China?

Q.2.6 My SO is/was a member of the communist party. How do we deal with this issue?

Q.2.7 My SO has a child, where can I look for info?

Q.2.8 How do you recommend I search for information?

Q.2.9 Is there a Chinese website that my Chinese fiancée/husband/wife can visit?

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The Answers.
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Section Two: Links and Resources

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(Edited 30 June 2005)

Q.2.1 What FAQ materials or regulations can I refer to?

Government Regulations, Statutes, FAQ:

Immigration and Nationality Act (INA):

http://www4.law.cornell.edu/uscode/
http://www4.law.cornell.edu/uscode/html/us...c_sup_01_8.html
http://www4.law.cornell.edu/uscode/html/us...01_8_10_12.html
http://www4.law.cornell.edu/uscode/html/us...0_12_20_II.html
http://www4.law.cornell.edu/uscode/html/us...0_II_30_II.html
http://www4.law.cornell.edu/uscode/html/us...84----000-.html

http://www.fourmilab.ch/uscode/8usc/8usc.html
http://www.fourmilab.ch/uscode/8usc/www/t8...II-II-1184.html

http://www.oalj.dol.gov/public/ina/refrnc/8_1184.htm

Foreign Affairs Manual (FAM):

http://foia.state.gov/REGS/fams.asp?level=2&id=10&fam=0

PART 205—REVOCATION OF APPROVAL OF PETITIONS

http://www.washingtonwatchdog.org/documents/cfr/title8/part205.html

Spouse and Fiance(e) of an American Citizen

http://travel.state.gov/visa/immigrants/ty...es_1315.html#3a

“How do I”, FAQ:

http://uscis.gov/graphics/faqs.htm

Glossary of Visa Terms:

http://travel.state.gov/visa/frvi/glossary/glossary_1363.html#a

The U.S. Consulate in Guangzhou

http://www.usembassy-china.org.cn/guangzhou/

Non-Government:

CFL Links and Resources:

http://www.candleforlove.com/forums/index.php?s=2cda9e8789b6c011d0960e3c27953f68&act=SF&f=7

Visa Journey FAQs, step by step, etc.:

http://www.visajourney.com/faq/k1faq.htm

NewsGroup FAQ:

http://www.jammed.com/usenet/faq/faq/us-visa-faq/k1-fiancee

http://www.kkeane.com/index.shtml

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(Edited 30 June 2005)

Q.2.2 Where can I see sample forms?

A.2.2.1 – Initial Application for K1/K3 & CR1

http://uscis.gov/graphics/formsfee/forms/index.htm

http://uscis.gov/graphics/fieldoffices/scnational/index.htm

DOS:

http://travel.state.gov/visa/frvi/forms/forms_1342.html

A.2.2.3 – Non-USCIS sites

VisaPro Fillable Forms:

http://www.visapro.com/INS-Forms-Download.asp

Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=downloads

Samples on Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=examples

CFL:

http://home.comcast.net/~donahso/index.htm

P3 documents online or PDF, Anyone got 'em?

http://www.candleforlove.com/forums/index.php?act=ST&f=1&t=4117

http://www.richsun.com/20020227.html

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(Edited 30 June 2005)

Q.2.3 Where can I see visa center info and processing center information?

Visa Centers:

VSC – Vermont Service Center (http://uscis.gov/graphics/fieldoffices/vermont/aboutus.htm )

TSC – Texas Service Center (http://uscis.gov/graphics/fieldoffices/texas/aboutus.htm )

CSC – California Service Center( http://uscis.gov/graphics/fieldoffices/california/aboutus.htm )

NSC – Nebraska Service Center (http://uscis.gov/graphics/fieldoffices/nebraska/aboutus.htm )

USCIS Processing Dates:

https://egov.immigration.gov/cris/jsps/ptimes.jsp?

Case Status:

https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=c1eLQowHf0bh

USCIS Service Centers:

http://uscis.gov/graphics/fieldoffices/scnational/index.htm

Processing times:

http://www.visajourney.com/forums/index.php?autocom=custom&page=times

http://members.aol.com/MDUdall/sctimes.htm

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(Edited 20 July 2005)

Q.2.4 Where can I see timelines on the internet?

Visa Journey

http://www.visajourney.com/timeline/

Marriage Based Visas

http://www.marriagebasedvisas.org/visa/k-1/index.php

K1K3

http://www.k1k3.com/list.php

http://www.davehollis.com/k1/list.php

A.2.4.2 – 001 website

K-# Timeline: http://001family.001.bank.cn/timeline/K3.asp
Waiting for P3 timeline: http://001family.001.bank.cn/timeline/P3.asp
Waiting for P4 timeline: http://001family.001.bank.cn/timeline/P4.asp
Interview Dates: http://001family.001.bank.cn/timeline/interviews.asp

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(Edited 30 June 2005)

Q.2.5 Information on getting married in China?

http://www.usembassy-china.org.cn/guangzhou/cons/marriedchina.html

http://www.usembassy-china.org.cn/us-citizen/mrginfo.html

http://www.kamya.com/intro/dcf.html#CH

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(Edited 30 June 2005)

Q.2.6 My SO is/was a member of the communist party. How do we deal with this issue?

CFL collection of threads on the topic:

http://www.candleforlove.com/forums/index.php?act=ST&f=7&t=10946&s=2cda9e8789b6c011d0960e3c27953f68

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(Edited 30 June 2005)

Q.2.7 My SO has a child, where can I look for info?

"Age out" cases involve the children of principal aliens or U.S. citizens. Sometimes, if these children turn 18 or 21 (depending on the type of benefit sought) before their case is processed, they will lose the benefit they are seeking. If your case falls within this category, please indicate on your application that it is an "Age Out" case.

Please note: The above statement may no longer apply to your individual case. On August 6, 2002, President Bush signed into law the Child Status Protection Act (CSPA). This law changes the "Age Out" rules in effect prior to signing of the CSPA which were previously defined under the Immigration and Nationality Act (INA). Under the new law, a child will be prevented from "aging out" due to service processing delays.

CSPA in regards to Step-children:

"Under INA Section 101, a step-child can only be considered a "child" for immigration purposes if the relationship was formed before the child reached the age of 18. Therefore, when the step relationship is formed after the age of 18, the U.S. step-parent may not be able to sponsor the step-child although he or she could still accompany the natural K-3 parent on a K-4 visa. A child caught in such a gap would presumably be sponsored by the natural parent when he or she becomes a permanent resident."

K-1; K-2 her son turns 18!, NVC hell pushes son into adulthood

http://candleforlove.com/forums/index.php?showtopic=13150

K-1/2 Visa app for fiancee & child, Proof of Guardianship???

http://candleforlove.com/forums/index.php?showtopic=13167

K1/K2 Brown Envelope

http://candleforlove.com/forums/index.php?showtopic=12786

How Do I Bring My Child, Son or Daughter to Live in the United States?

http://uscis.gov/graphics/howdoi/child.htm

Petitioning Procedures: Bringing a Child, Son or Daughter to Live in the United States

http://uscis.gov/graphics/howdoi/childproc.htm

How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?

http://uscis.gov/graphics/howdoi/agingout.htm

The Child Status Protection Act (CSPA):

http://uscis.gov/graphics/lawsregs/handbook/CSPA092002_pub.pdf

DOS Cable on CSPA:

http://www.shusterman.com/cspa-dos103.html

An Analysis Of The Child Status Protection Act - Updated

http://www.ilw.com/lawyers/articles/2002,1009-mehta.shtm

Visa Journey:

http://www.visajourney.com/forums/index.php?autocom=custom&page=child

CITIZENSHIP ISSUES:

"...Who is a Child for Purposes of CCA Benefits?

A foreign born person under age 18 who is the child of an U.S. citizen by birth or adoption qualifies for CCA benefits.
A child who is the "step-child" of an U.S. citizen does not qualify for CCA benefits unless he or she is legally adopted by the U.S. citizen parent. A step-child is the son or daughter of a U.S. citizen who marries a person who is not a U.S.. citizen before the child reaches age 18. Step-children and adopted children are treated differently for the CCA and other immigration purposes."

Once the biological parent becomes naturalized, the child automatically becomes a citizen provided the other conditions are satisfied (under 18, an LPR, etc).

Child Citizenship Act of 2000

http://travel.state.gov/family/adoption/info/info_457.html

Child Citizenship Act of 2000, A real benefit for K-2 & K-4's

http://candleforlove.com/forums/index.php?showtopic=16130

green card for child?

http://candleforlove.com/forums/index.php?showtopic=16079

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(Edited 7 July 2005)

Q.2.8 How do you recommend I search for information?

A.2.8.1 – Forums

Candle for Love (CFL): http://www.candleforlove.com – forum specific to petitions for Chinese beneficiaries, utilize the forums to ask questions, search the database, and see Links and Resources forum.

Visa Journey (VJ): http://www.visajourney.com – forum for petitions to all countries , includes step by step guides, FAQs, sample documents, and forums are separated by visa type and processing center, etc.

A.2.8.2 – Internet browser

Type in a search word into your browser search box (K1 visa, etc)

A.2.8.3 – Basic steps

1. Compare and understand the Visa differences - http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

2. Ask questions: If you are looking for a visa process through China, visit CFL; otherwise, visit VJ.

3. View the step by step guides, download forms and submit the application: http://www.visajourney.com/faq/k1faq.htm

4. Continue to understand the steps in the process so that both petitioner and beneficiary have realistic expectations.

5. For China, a fiancée visa can be anywhere from 9-13 months; a spousal visa can be anywhere from 11-15 months.

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(Edited 7 July 2005)

Q.2.9 Is there a Chinese website that my Chinese fiancée/husband/wife can visit?

See Chinese Language Forum on CFL: http://www.candleforlove.com

001:

001 website for Chinese citizens who are waiting to get a visa. (the green site)

http://usa.bbs.net/bbs/01/index.html

001 website for Chinese citizens who have gotten the visa and are now in the USA. (the blue site)

http://jessi99.bbs.net/bbs/01/index.html

FromChinaToUS - 从中国到美国论坛

http://www.wowpicture.com/fromchinatousa_bbs/

001 Timeline Links:

K-3 Timeline: http://001family.001.bank.cn/timeline/K3.asp
Waiting for P3 timeline: http://001family.001.bank.cn/timeline/P3.asp
Waiting for P4 timeline: http://001family.001.bank.cn/timeline/P4.asp
Interview Dates: http://001family.001.bank.cn/timeline/interviews.asp