Marriage in China - K3/K4 or CR-1

[scott1956]

Going to Zhanjiang to marry fiance 1/16/06 and would like to get immigration paperwork started for soon to be lao po and step daughter. I was planning on a the K3 process, filing a single I-130 (for wife) and I-129F (for wife and her 4 year old daughter) but lately I have been noticing that the I-130 is approved before the I-129F and apparently the K3 process is abandoned by GUZ if they receive CR-1 first? And this is leading to children being left in China until a separate I-130 can be filed for them and then go through the whole process.

 

Please Advise if it would be better to file a I-130 for both wife and step child and then file a single I-129F or maybe not even file the I-129F. Any and all suggestions and/or advise will be greatly appreciated:D

[dustyone]

What I did was file the I-130 and the I-129f When my wife and I married. It give's you a little lead if one slows down you can go with the other. If you do Just the I-130 be sure to file for both the wife and kids at the same time. Saves problems later trying to match them up so they both come at the came time.

 

patrick

[tywy_99]

Scott,

 

If you decide on the CR1 then it would be wise to file the I-130 for the child at the same time you file the I-130 for your wife. The child will need it to obtain the CR2 visa.

The alternative is to file the I-130 for your wife and the subsequent I-129F for the K3 visa. This way you have the option in delaying filing the I-130 for the child because the child will get the K4 visa when the mother gets the K3.

It all depends on how you want to approach it.

 

-good luck

[david_dawei]

Clearly the CR1 vs K3 is flip flopping constantly in terms of which one gets to the consulate first... In a best case, I assume you'd like the CR1 to prevail. In which case, you probably best off by submitting a I-130 for the child as well. Then if you decide to do the I-129F, make sure she is listed on the mother's form... Then both cases are already completely covered.

 

Be sure to visit this site (Visa Journey) for their step by step so you can ensure you have all paperwork...

 

Example: I would bring the G-325a for your fiancee since she needs to sign it. Maybe have her do two sets since you'll need one for each petition... also get some passport photos of her, etc... Neither of these items appear necessary for the child...

 

VJ Step by Step

http://www.visajourney.com/forums/index.ph...om&page=k3guide

Edited February 22, 2006 by DavidZixuan (see edit history)

[frank1538]

Welcome aboard Scott. I'm with the majority here. I'd probably file the I-130 for both, assuming the step daughter is under 18 when you get married, then file the I-129F for the K-3 and K-4.

 

I always wondered what would happen if someone only filed one I-130 for the spouse and not the child but filed for the K-3/K-4 for both. The worst case scenario might be having the CR-1 move faster and get to the consulate before the K-3/K-4 gets there. Would you then have to drop the CR-1 for the spouse? If the spouse went CR-1, there might be not derivative K-4 for the child, so I'm guessing you might have to cancel the CR-1 and continue waiting for the K-3/K-4 or file a fresh I-130 for the child and start the wait all over again.

 

Incidentally, my wife is from Zhanjiang and keeps in touch with many of her friends there. Who knows, it might be a small world.

[tywy_99]

I always wondered what would happen if someone only filed one I-130 for the spouse and not the child but filed for the K-3/K-4 for both.

170235[/snapback]

My wife and stepdaughter came over on the K3/4 November 2003. I didn't file the I-130 for my stepdaughter until February 2004.

I then filed the I-485 August 2004 after I-130 approval.

She has the AOS appointment on December 1, 2005.

 

 

As David was saying the step-daughter's I-130 petition does NOT need G-325's or photos but I *BELIEVE* that you *MAY* need to send in a copy of her birthcert or passport that shows a link to her mother

 

On my stepdaughter's I-130, I sent a copy of her BC and a copy of her passport and K4 visa.

I also sent a copy of the marriage license along with the divorce certificates for both my wife and I.

I didn't send a G-325A or any photographs.

[david_dawei]

Just to make sure this is clear...

 

For filing the I-130 petition for a stepparent-stepchild relationship to start the process (as opposed to filing a I-130 later in US for a K4 for adjustment of status), "you have to prove there is some relationship between you and your relative".

 

The I-130 instructions say to include the marriage certificate to show that the marriage occurred prior to the child's 18th birthday... but doesn't seem to state the birth certificate is needed (?). Although for the section on filing for [your biological] child, it does ask for a birth certificate...

 

When I collected info on children for the FAQ, the K2 and K4 seem to not need a birth certificate (maybe due to the derivative status)... but never could figure out if it is required for the CR2...

 

---

 

Can some CR1s state if they know for fact it is required ? Did any CR1s get a CR2 approved without supplying it at the petition stage ?

 

I am fairly certain that at the P4 interview stage an 'accompanying child' needs to provide the birth certificate and passport, regardless of visa type...

[SheLikesME?]

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.

Edited November 20, 2005 by SheLikesME (see edit history)

[bubbafred10]

Please Advise if it would be better to file a I-130 for both wife and step child and then file a single I-129F or maybe not even file the I-129F.  Any and all suggestions and/or advise will be greatly appreciated:D

170125[/snapback]

You should file I-130 for SO and the child. One petition for each one. You have to file I-130 for each one anyway. Then file I-129F petition (for K3 and K4 visas) as soon as you received NOA1 for SO's I-130. The California Service Center is currently super slow in processing I-130's.

 

I-129F is now processed faster than the I-130's.

[HanLi]

CR-1 seems the best route, will a few days make a difference by filing another application? seems redundant, but works for many, go though all the responses, make the choice that you are comfortable with.......

and good luck!!

[scott1956]

CR-1 seems the best route, will a few days make a difference by filing another application?  seems redundant, but works for many, go though all the responses, make the choice that you are comfortable with.......

and good luck!!

170302[/snapback]

Great help from so many & so quickly - Thanks to all of you . I think I will file I-130's for both SO & step daughter and also file the single I-129F. I would love to get the CR1 & CR2 and avoid the AOS - EAD hassle but I will settle for whatever gets them here the soonest.

 

When I am there in January 2006 to get married I would like to get the SO & daughter birth certificates, SO's divorce decree and our marriage certificate certified or notorized and certified english translations, but I am unfamiliar with this process - could somebody please give details - do I need each copy notorized/certified and have the english translation certified or can I just make copies?

[scott1956]

Welcome aboard Scott.  I'm with the majority here.  I'd probably file the I-130 for both, assuming the step daughter is under 18 when you get married, then file the I-129F for the K-3 and K-4.

 

I always wondered what would happen if someone only filed one I-130 for the spouse and not the child but filed for the K-3/K-4 for both.  The worst case scenario might be having the CR-1 move faster and get to the consulate before the K-3/K-4 gets there.  Would you then have to drop the CR-1 for the spouse?  If the spouse went CR-1, there might be not derivative K-4 for the child, so I'm guessing you might have to cancel the CR-1 and continue waiting for the K-3/K-4 or file a fresh I-130 for the child and start the wait all over again.

 

Incidentally, my wife is from Zhanjiang and keeps in touch with many of her friends there.  Who knows, it might be a small world.

170235[/snapback]

I know my SO has several friends from ZJ that have immigrated to the US or are in the process. In fact she has one friend who just immigrated to Birmingham, AL in October - her name is Ling. One big happy family here in the US

[SheLikesME?]

CR-1 seems the best route, will a few days make a difference by filing another application?  seems redundant, but works for many, go though all the responses, make the choice that you are comfortable with.......

and good luck!!

170302[/snapback]

Great help from so many & so quickly - Thanks to all of you . I think I will file I-130's for both SO & step daughter and also file the single I-129F. I would love to get the CR1 & CR2 and avoid the AOS - EAD hassle but I will settle for whatever gets them here the soonest.

 

When I am there in January 2006 to get married I would like to get the SO & daughter birth certificates, SO's divorce decree and our marriage certificate certified or notorized and certified english translations, but I am unfamiliar with this process - could somebody please give details - do I need each copy notorized/certified and have the english translation certified or can I just make copies?

170358[/snapback]

My wife took care of getting all her documents translated and 3-4 sets of each with the embossed seal etc. Yes each one had something there that it was translated by a certified translator. They are all several pages long. Maybe they are notorized as well. My wife is big on notorizing everything to make for sure. They all came in sort of a bound folder. I think just ask your SO. It did not seem hard for my wife to do this at all. It was all her motivation. I have an extra set of originals here in the USA incase I need to use them for something. Later one of her daughters school teachers translated the divorce decree of hers. But our Chinese marriage registration and the two birth certs were done at the same place.

 

Now I have heard that there is not necissarily birth records in China? The document she had made up looks like it is based on the divorce record or some other way, I'm not sure. But I will try to remember to ask her.

 

I sent in the I-29F promptly once I saw the delay in CA office. Goes to Chicago so I figured a little of a short cut, and hoped fo the best. I guess K-1/2 is the fastest and was our original plan, but we both feel better about being married. Talk about a marriage penalty, this one really takes the cake, hahaha.

[tywy_99]

CR-1 seems the best route, will a few days make a difference by filing another application?  seems redundant, but works for many, go though all the responses, make the choice that you are comfortable with.......

and good luck!!

170302[/snapback]

Great help from so many & so quickly - Thanks to all of you . I think I will file I-130's for both SO & step daughter and also file the single I-129F. I would love to get the CR1 & CR2 and avoid the AOS - EAD hassle but I will settle for whatever gets them here the soonest.

 

When I am there in January 2006 to get married I would like to get the SO & daughter birth certificates, SO's divorce decree and our marriage certificate certified or notorized and certified english translations, but I am unfamiliar with this process - could somebody please give details - do I need each copy notorized/certified and have the english translation certified or can I just make copies?

170358[/snapback]

Your wife should know of a notorial office in her area.

The documents (Translations) need to be 4 pages, (not 2) each and you should get at least 4 copies of each i.e., birth cert., marriage cert. and divorce cert./decree.

 

 

http://candleforlove.com/forums/index.php?...indpost&p=38921

[SheLikesME?]

Another woman in China I used to write is now married to an American, and she said you don't need a brith cert for the wife, just the child. Hmm. Also I think above it said you don't need a pic of the child.

 

Well we got a brith cert for both, and we sent in the passport photos of all 3 of us. Also I got new birth certs for myself out of Dallas but the embossing is shallow and the whole thing looks cheap and flaky. So I color copied my passport to send in, incase they don't like my birth cert. There may be some debate here in CFL about too much proof, or evidence being submitted, but I don't know. I just followed my instincts.