Shouldn't K-1 be quicker?

[frank1538]

Welcome Aboard Xiaobu

 

If this thread doesn't confuse you I will be amazed.

164540[/snapback]

You got that right.

 

K-1 major steps: Meet in person, File the I-129F with the USCIS Service Center where you have your permanent residence in the US. Wait 10-15 months. Get visa.

 

CR-1 major steps. Get married. File the I-130 usually with the USCIS Service Center where you have your permanent residence in the United States (sometimes you can file with the Department of Homeland Security (DHS) overseas office with jurisdiction over your current foreign residence). Wait 10-15 months. Get visa.

 

K-3 major steps. Get married. File the I-130 (see CR-1). Wait for first NOA (Notice of Receipt). File I-129F (see K-1). Wait 10-15 months. Get visa.

 

DCF major steps. Establish residence in China (usually a resident visa is sufficient). Get married. File the I-130 with the consulate with jurisdiction where you now reside in China. Wait 6-12 months. Get visa.

 

Your actual mileage may vary.

[Guest ShaQuaNew]

You're getting feedback from those that have been watching this process for years. Be patient, and pick the process that works best for you and your partner.

 

Good luck and welcome to Candle

[xiaobu]

Welcome aboard, xiaobu! I'll try not to repeat too much of what has already been said here. It appears you want the fastest route to get your fiancee to the US. I think that's a goal we all share!

 

If you have not yet met your fiancee in person, you can't file the I-129f (petition) before you depart for China. One of the rules is that you have met in person, and you must provide evidence of that -- plane tickets, boarding passes, passport stamps, photographs of you together, etc.

 

Under "normal" circumstances, the K-1 visa process is faster than the K-3 visa process. However, there can be snags in both processes. My SO's K-1 visa took nearly 18 months due to one long delay. Had that delay not occurred, we'd probably have had the visa in a year or less.

 

You can always file your K-1 visa petition (I-129f) and all the supporting evidence from China if you have maintained a US mailing address, and if you have someone in the US who will forward your mail to you.

 

Overall, the K-1 route should be the fastest for you.

 

Don't forget an important point: No matter which visa route you take (K-1 or K-3) you must provide proof of a genuine relationship. Letters, phone records, photographs with your fiancee, her family, etc. If you're living in China for 4-5 months, it might be good to prove that you're living together (if you are).

 

One note on direct consular filing (DCF), should you decide to marry in China: I am not sure you will qualify for DCF while you are in China for those 4-5 months. I think you must be married for a minimum period of time. I think it is one year, but I don't have that information right in front of me at the moment.

 

Hang in there, ask questions, and good luck to you!

164791[/snapback]

Hi Zingaro and everyone else that has replied,

Thanks a lot! I'm just starting to learn more about the k# visa puzzle.

Here is some more information to help refine the issue:

We met while I was living in Shanghai for 1 1/2 years. I returned to the US this march (2005). We kept in close contact and then met in Thailand to travel and get to know each other more. We have plenty of pictures of us together in Shanghai and Thailand.

We don't want to get married until we've had some time to live together, about 4-5 months was the original plan.

 

As far as my work situation, I can get a full time job in Shanghai just like the last time I was there. My contract here in the US is up in December and them I'm headed for Shanghai.

I'm a software engineer, so US or China should not be a big problem.

 

jim_julian is correct. I have a permanent address in the US and will have a temporary address (my fiance's) in Shanghai.

 

Yes you are all correct, I am trying to figure out the fastest way for us to get back to the US. I want us to be together until she can come to the US.

 

Should I use a lawyer to help me through this? Is it worth it?

How much $ is a good deal?

I contacted a lawyer and he said the processing time was about 6 months, which sounded pretty short (I'd love to believe it though)

 

Castaway109 said

If you plan to live in China until she gets a visa...Direct Consular Filing is about half the time of usual filing from US.

Can I do a Direct Consular filing for a k-1 fiance visa? If so, this might be an option.

 

It sounds like the k-1 would be the fastest because I could apply now (instead of after getting married) and because the processing time is a little shorter.

 

Thanks again for the feedback. Seems like I've come to the right place

[Randy W]

The outlook on lawyers is about 50-50 around here - with about 50% swearing by their lawyer, the other 50% swearing at their lawyer. If you are inclined to do it yourself, it is not difficult at all.

 

9 to 12 months would be more realistic - 6 months might be a new record. The Guangzhou consulate has been speeding up lately, but there is not enough information yet to really see a trend. It could take longer with any security check.

 

I think that the DCF is a separate process from a K-1.

[Guest Gene]

The fact that the lawyer said 6 months for a K-1 or K-3 or CR-1 visa from China shows that they are talking out there ass and you should run from them as fast as you can

[LeeFisher3]

The DCF filing is if you are living in China and married. But with your situation you could easily file the K-1 now and wait it out in Chiana.

 

The disadvantage of the K-1 is the Adjustment of Status once she is in the US and you are married. This process can cause some irritation if you are inclined to travel.

 

With the DCF she would enter the US as a Legal Perminent Resident and the restrictions would not exist.

[tywy_99]

Should I use a lawyer to help me through this? Is it worth it?
How much $ is a good deal?

 

No lawyer required. Why waste your hard earned money on something you can do yourself? I mean, A lawyer couldn't do it any better and a lawyer won't make the process go any faster.

So save your money for the immigration fees and buy your sweetheart something nice.

 

-good luck

 

Hey look! I'm using CODE again!......

[Phil & Ningning]

The lawyer's quote of 6 months is crap. And it's also the truth. I used a (very expensive) lawyer who filed the I-129f petition and then did very little else. The approval of that petition came within six months, but then the real work begins in GZ, and "my" lawyer left us completely out in the cold. If not for the help of the CFL family, we would have been lost. Skip the lawyer and save the money.

 

One other thing worth considering in your desire to live together before marriage is the 90 day window allowed in the US on a K1. After spending several months together in China, it gives you up to 3 more months together before marriage in the US, which could be very beneficial to her adjustment.

 

Bottom line, IMHO:

File the I-129f immediately for a K1 and go be with your girl.

Edited November 1, 2005 by Phil & Ningning (see edit history)

[david_dawei]

I think your smart to want some time together prior to a marriage, but you sound like you would file for fiancee immediately... Not completely sure of your logic there, except it is probably the same small gamble many of us felt like we take; File quickly and be an optimist.

 

I would just say that if you want to completely respect her future, you might also wait a little bit to see that the fiancee visa is even what you want. Otherwise, if things don't work out you'll end up cancelling her petition and then she has that on her record...

 

I think you should definite spend time with her and you seem to be able to do that... You could consider to marry in china and go DCF, then this would help to make up time lost in a way...

 

good luck to you two !

[warpedbored]

You can't file a DCF unless you have the Chinese equivalent of a green card. If you were to transfer within your company to Shanghai for instance as you suggested you would probably qualify. In order to do a DCF though you must get married. You can't do a DCF on a fiancée visa. DCF will by far be the fastest option if you transfer to China and get married ASAP. I am assuming there won't be a problem with income. Many who live and work in China making a good living there can't qualify for 125% of the federal poverty guidelines thus requiring a co-sponsor.

Edited November 1, 2005 by warpedbored (see edit history)