Marriage in China

[bulkfan]

I hope someone can help. Right now I am in China with my Fiancee. I am from America. We want to get married in China. Is anyone familiar with the process? Also If I file the I-130 form, what form do I use for her daughter? Can I file those forms at the same time? Thanks for any help on this matter.

[dnoblett]

1) Before the authorities in China will allow you to marry you need a certificate of marriageability "Single Cert", you can get this at a US Consulate in China. MORE: http://guangzhou.usembassy-china.org.cn/information_about_getting_married_in_china2.html

 

2) You will be filing TWO I-130s one for wife, one for child. And yes you file them together at same time. Including a fee for each petition.

 

MORE: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1 (Spouse) http://www.visajourney.com/content/childpet (Child)

 

NOTE: Marriage MUST take place BEFORE the child's 18th birthday! If child is 18 - 20 before your planned marriage, then do a K-1 K-2 visa instead and marry in the states, and hopefully adjust status before child turns 21.

[bulkfan]

Thank you for the information. The daughter turns 19 in October. I guess i will file a K-1.

[bulkfan]

If I understand correctly, I can't use the form I-130 for her daughter. I cannot find a "K-2" form anywhere. Is it called something else?

[dnoblett]

Thank you for the information. The daughter turns 19 in October. I guess i will file a K-1.

Yep, the K-1/K-2 process will cost you about $2000 more in fees, however, in this case it is the ONLY choice if you wish the child to immigrate with parent.

 

K-2 can adjust status and get a green-card based on the K-2 status, as long as AOS happens before 21st birthday.

 

CR-1/CR-2 Spousal is not an option because you the US citizen CANNOT file the I-130 for a child, if child is 18 or older at time of marriage. In this case mother would come to the USA, and once she has green-card she would file the I-130 for her child, and in this case the petition can take years before being processed into a visa for child.

 

You see you made a smart choice and researched this before marriage.

 

Welcome to Candle.

[dnoblett]

If I understand correctly, I can't use the form I-130 for her daughter. I cannot find a "K-2" form anywhere. Is it called something else?

You will file ONE I-129F for mother and indicate child will be immigrating too, the K-2 is automatically part of this petition.

 

NOTE: Unmarried children of your fianc¨¦(e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fianc¨¦(e) or spouse.

http://www.uscis.gov/files/form/i-129finstr.pdf

 

More for K-1: http://www.visajourney.com/content/k1guide

 

How many trips to China have you made? If once then I would try to make one more before filing the petition.

[bulkfan]

Sorry, I have another question. Since the daughter is over 18, can she file her own visa application? Could she receive her

green card this way? The reason I ask is because her family would like us to get married in China.

Edited September 23, 2010 by bulkfan (see edit history)

[bulkfan]

If I understand correctly, I can't use the form I-130 for her daughter. I cannot find a "K-2" form anywhere. Is it called something else?

You will file ONE I-129F for mother and indicate child will be immigrating too, the K-2 is automatically part of this petition.

 

NOTE: Unmarried children of your fianc¨¦(e) or spouse who are under 21 years of age and listed on this form will be eligible to apply to accompany your fianc¨¦(e) or spouse.

http://www.uscis.gov/files/form/i-129finstr.pdf

 

More for K-1: http://www.visajourney.com/content/k1guide

 

How many trips to China have you made? If once then I would try to make one more before filing the petition.

 

 

This is our first visit together. However i will be here untill February 15th 2011.

[dnoblett]

Sorry, I have another question. Since the daughter is over 18, can she file her own visa application? Could she receive her

green card this way? The reason I ask is because her family would like us to get married in China.

NOPE, she needs a sponsor file the petition for her, the only option is for her to be included on mother's K-1 petition.

 

As for time over there, If you will be spending a few months together, then more than likely that should be fine for relationship. If you can a second visit while petition is in process is recommended.

 

One option many do in this situation is an "Engagement Party", decked out like a full marriage, without the legal paperwork in China, then get legally married in the USA after entry on a K-1.

Edited September 23, 2010 by dnoblett (see edit history)

[david_dawei]

K-2 can adjust status and get a green-card based on the K-2 status, as long as AOS happens before 21st birthday.

Bulkfan, what is your home city? That usually drives the length of time for the AOS to process.

[Randy W]

K-2 can adjust status and get a green-card based on the K-2 status, as long as AOS happens before 21st birthday.

Bulkfan, what is your home city? That usually drives the length of time for the AOS to process.

 

 

They will expedite, if it looks like a potential age-out. Write on the envelope in big letters, "Potential age-out - please expedite"

[dnoblett]

You can mail the I-129F petition to USCIS from China ASAP, you do not need to return to the states to do this, and wait out the process there or until you return next Feb.

 

Okie2 did this.

 

Okie2 got hung up on the K-2 for child waiting for a DNA test requested by the consulate.

 

http://candleforlove.com/forums/index.php?app=core&module=search&do=user_activity&mid=28471

[david_dawei]

You can mail the I-129F petition to USCIS from China ASAP, you do not need to return to the states to do this, and wait out the process there or until you return next Feb.

That's actually true and a good point. The only drawback is that is not distinguishing the relationship if you mail it sooner than later; meaning, the longer you wait to mail the less you look like your rushing the relationship and visa filing.

[dnoblett]

You can mail the I-129F petition to USCIS from China ASAP, you do not need to return to the states to do this, and wait out the process there or until you return next Feb.

That's actually true and a good point. The only drawback is that is not distinguishing the relationship if you mail it sooner than later; meaning, the longer you wait to mail the less you look like your rushing the relationship and visa filing.

Yep, can be a little dicey, on a first visit, in my case I filed after first visit and had no problems. An in the OP's case yes is first visit, however the visit is until next February so this diminishes the bona fide relationship issue do to the length of the visit.

 

I would file the I-129F from there, with "Possible Age Out" noted, and hope GUZ does not pull the DNA trick like they did to OKIE2.

[bulkfan]

K-2 can adjust status and get a green-card based on the K-2 status, as long as AOS happens before 21st birthday.

Bulkfan, what is your home city? That usually drives the length of time for the AOS to process.

 

 

They will expedite, if it looks like a potential age-out. Write on the envelope in big letters, "Potential age-out - please expedite"

 

My home city is Portland, Oregon. I would like to file now, but I do not have all of my information with me.