Fiance to spousal visa?

[hamlett22]

Hey All,

 

We applied for the finace visa, got down to the wire, had an interview scheduled and then we bagged it because we decided to stay in China another year. Then we got married in my wife's hometown in May.

 

So, since I paid and submitted all the paperwork, is there anyway GUZ can change my fiance visa app to a spousal app as long as I supply the extra info they need?

 

We are holding off going to the states until I get a good job. Any advice on how I can balance the logistics of 'finding' the job, and getting her the visa in a timely manner so she can come with me when its time to move?

 

Finally, we have a child on the way. Due date is Oct. 2nd. We've already decided to declare him as a U.S. citizen at GUZ after he's born.

 

Well, I am sure many couples have struggled to balance 1) job seeking, 2) moving and the 3) attainment of the spousal visa.

 

However advice would be appreciated.

 

Best,

 

Chad and Tong and soon... Matthew

[Guest Gene]

Welcome Aboard

 

That would be nice to be able convert a I-129 to a I-130 and then again if pigs could fly I am pretty sure your I-129 is useless.

 

I don't know. Did you do a DCF for the 129? Can you do a DCF for a 129?

 

Anyway you can do a DCF for an I-130. That will be the way to go. Most People here are in the states and filed here, but we do a have a few that have been through the DCF process and I am sure will help guide you through.

[david_dawei]

Here is the comment from Guangzhou webpage:

 

We decided to get married before my K-1 petition could be processed. What should I do?

 

If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with the CIS.

 

 

 

So, yes, the I-129F is useless and you have to file I-130 now...

 

 

I agree with Gene that filing directly to the consular is fastest approach for you...

[warpedbored]

Yup David is correct. You must start all over again and file an I-130. If you have resident status and the Chinese equivilant of a green card then you may file a direct consular filing. Otherwise you will have to file through the US and wait about a year.

[hamlett22]

Ahhhh thanks for the info. Guess we are starting over. Yippee.

[johns]

I skipped finding a job thing until I arrived back in US (now)and I was working in China. That would be a tall order for me to cancel all and start over again. I hope you have a working Z visa...

 

But if you are DCF it would make better sense.

 

but to each his own and good luck....