Ap time frames

[jimglot]

Many of you know we are now in kind of a sticky situation. I start my job in China on the 2nd week of Sept. Yafei and her son will fly to America on the 22 of this month. they will stay in our home there and i will come to China myself to start work. This lets us get in him in school at the start of the year, and allows us to keep our home there. We will marry the lastweek of this month and send in all the aos paperwork.

 

We will also file for AP. Looking at the posts, it looks like it will take about 2 to 3 months to get it. Does this sound about right? This frees her up to come visit while keeping our home there.

 

We have looked at many options and this one looks like the best for us.

 

Any thoughts, comment, advice ?

 

Regards From GZ,

 

Jim

[tywy_99]

What a case of "trading places."...It does sound like a sticky situation.

I remember reading in your other post. I think donahso had a good idea about abandoning the k1 and start again with a DCF. It's logical if you're going to work in China for over a year. AOS expenses would be as much as the CR1. And you all will be together for the whole time and not apart for 90 days waiting for AP, and wouldn't her son need an I-131 filed also?

 

Just a thought aka my 2 yuans:)

[jimglot]

So would this work. she flies to america on the K-1 and we get married, then, we both fly back to China and i file for the K-3. This way we are married and we are just changing the visa type.

 

Just trying to look at all my options.

 

The problem is i will be signing a 1-2 year contract to work here, but that doesnt mean i will be here that long. this is a test bed to see if it works for all parties. I have an out if im not happy with the job.

 

Regard from Guz,

 

Jim

Edited August 6, 2005 by jimglot (see edit history)

[david_dawei]

I would confirm through the consulate your marriage in US can then go through a DCF in CHina...

 

I also lean towards Don's idea personally... then just file about 7 months prior to when you want to go..

 

how is she feeling about it.. has she weighted the two idea?

[jimglot]

I would confirm through the consulate your marriage in US can then go through a DCF in CHina...

 

I also lean towards Don's idea personally... then just file about 7 months prior to when you want to go.. 

 

how is she feeling about it.. has she weighted the two idea?

144114[/snapback]

Hey Dave,

 

Yea were looking at all our options now. Funny, things took so long and now they go so fast. We dont have a lot of time for our decision, but we dont want to screw it up.. Gawd i got a headache

 

 

Regards from Gz

 

Jim

[tywy_99]

Dave made a good point; I don't know if a k1 can be mingled with DCF.

[jimglot]

This is turning into a lively topic.........

 

Of the options available, I don't think I'd pick the one that 'trades places' as Ty put it. Just doesn't make much sense to me that after the hassle of getting a visa for her to come to the US to be together that she would be left here alone and you in Shanghai alone. Kinda defeats the purpose. Let me try to work through some of this and raise the issues I see.

 

She has her K-1 and her kid's K-2. That lets them come to the US, she marry you, and you file AOS for both of them to get green cards. For that to work, she has to enter very soon. You will need to marry quickly and get the AOS paperwork sent in soon after. Then, she needs to stay put in the US without you, in a strange country around people she doesn't know util AP comes through. Remember, she will need to go for biometrics and all that crap, too. Then, after getting AP, what is the plan? She moves to Shanghai with you? Or, stay separated so the kid can stay in school?

 

Another option for her K-1/K-2 is to stay in China. When you go to Shanghai, she joins you there and you set up housekeeping. Wait to see if the job pans out or not. She has 6 months from the time her visa is issued to use it. You should know within 6 months if you're going to stay in China for much longer. If not, use the K-1/K-2 at that point and get to the US. You'll have 90 days to marry after entry. Then file AOS and live happily thereafter.

 

Like the two options above, one is to use the K-1/K-2 to come to the US and visit until you leave. Get married or not - doesn't really matter. She goes with you to Shanghai and you file DCF with Shanghai consulate. The K-visa is dead. You'll need to wait - or rather she will need to wait - until she gets her CR-1 and the kid a CR-2. Then you just need to get them to the US (I think 6 months from issue, but may only be three) and a green card is triggered on entry.

 

Forget filing I-130 and I-129F for K-3 in the states. You can do the I-130 and suffer all the stuff you are hearing about those poor folks when it gets to NVC. And it's much easier for them if they are in the US. Also, the only reason to file K-3 is 'beat' the time it takes for the I-130 to get through the guantlet. No point in hurrying if you are both living in China.

 

Guess I can't get past the 'now we're together so let's separate' thing. I realize from what you said that you might not want to stay in Shaghai the full year+ so that's an unknown variable. In that case, I'd personally opt for the 'meet me in Shanghai' option and not use her K-1 now. You should know in six months if you're going to stay on or not; if not, use it to come to the US. If you're going to stay on for the year+, forget the K-1; get married and file I-130s at the consulate. After all, just because you got the K-1 doesn't mean you have to use it. This option seems to have a lot of upside - the only down side is her not coming to the US until later.

 

You do have an interesting problem. Whatever you choose needs to be right for you. Good Luck.

144139[/snapback]

so funny, i was just coming on to say i think this is also the best option. We have 6 months to use the K-1, i will know by then if the job is going to be good for us or not. We are together and her son can remain in school. If in a few months we know we are going Cr-1 we will just use the K-1 to come home for Christmas.

 

I feel rushed, but i must remind myself we are not rushed, we have 6 months to decide the road we walk..

 

Thanks again guys

 

Regards fro GZ,

 

Jim

[david_dawei]

so funny, i was just coming on to say i think this is also the best option. We have 6 months to use the K-1, i will know by then if the job is going to be good for us or not. We are together and her son can remain in school. If in a few months we know we are going Cr-1 we will just use the K-1 to come home for Christmas.

 

I feel rushed, but i must remind myself we are not rushed, we have 6 months to decide the road we walk..

 

Thanks again guys

 

Regards fro GZ,

 

Jim

144157[/snapback]

sounds like a plan.. you've got a christmas pass if you want and your together throughout...

 

Happy endings come in many different ways...

Edited August 6, 2005 by DavidZixuan (see edit history)

[HanLi]

Hey Jim, actually many people would like to have your situation.... the ideal situation is that you are with your SO.... if it was me, regardless of the K-1, I would get married in China!!! File the DCF, and use the K-1 if you want to return for Christmas... no matter what, everyone here is rooting for you and your SO...... besides, if you wait until November to marry her in China, my wife and I would love to attend your ceremony....