This process seems fairly straight forward

[Rakkasan]

I have been reading the mountain of info on visa's etc. Am I understanding this correctly, that if I would like my SO to come here faster I should plan on getting married in the US and do so within 90 of her arrival by way of a K1 visa?

 

Now she must gather certain paperwork for an interview in order to get the fiance visa. What kind of paperwork and what is asked at this interview?

 

Is this interview with US officials?

 

What is required by the Chinese government? surely shemust need a visa or something in order to leave the PRC.

 

Next, she should apply for permanent resident status within 90 days after the marriage in the US?

 

Now that I have publicly displayed my ignorance of the process would someone set me straight step by step as to what really happens?

 

That being said how do Chinese parents handle their daughter coming to the US and getting married here, albeit a second time around?

 

Thanks in advance

The Rak

Edited December 9, 2005 by Rakkasan (see edit history)

[Trigg]

I have been reading the mountain of info on visa's etc.  Am I understanding this correctly, that if I would like my SO to come here faster I should plan on getting married in the US and do so within 90 of her arrival by way of a K1 visa?

 

Now she must gather certain paperwork for an interview in order to get the fiance visa.  What kind of paperwork and what is asked at this interview?

 

Is this interview with US officials?

 

What is required by the Chinese government?  surely shemust need a visa or something in order to leave the PRC.

 

Next, she should apply for permanent resident status within 90 days after the marriage in the US?

 

Now that I have publicly displayed my ignorance of the process would someone set me straight step by step as to what really happens?

 

That being said how do Chinese parents handle their duaghter coming to the US and getting married here, abeit a second time around?

 

Thanks in advance

The Rak

174539[/snapback]

I't's a bit more complicated than that. First you file papers in the US--THEN they send them to China and balh blah blah. Yes, K1 is usualy faster but faster isn't fast. Depending on where you live in the US--8 -14 months is typical--maybe a ten month average before she gets the k1.

 

Nope, chinese gov isn't a problem, they have people o' plenty and can afford to have a few move off!

[Guest ShaQuaNew]

Where the USCIS, DOS, and DHS are involved there are well-documented and straight-forward activities. Each time one of these well-documented activities is performed it is accompanied by a NEW variation of Murphy's Law.

 

Murphy's Law

 

[Guest ShaQuaNew]

...but seriously tho, you can go here....

 

http://www.visajourney.com/forums/index.php?pg=k1guide

 

and to the FAQ section on this site, which has a wealth of information relating to the K1 Visa process.

 

http://candleforlove.com/forums/index.php?showtopic=11293

 

see also this book....

 

Marriage and Fiance Visas

[frank1538]

On paper, the K-1 process is simple; in reality, it sucks. The process involves two governments and at least two US Departments. On the US side, there's USCIS where you file the I-129F. Processing at the Service Center will take anywhere from a month to 6+ months. For whatever reason, the paperwork shufflers are nit pickers, so it's possible to get an RFE (Request For Evidence) for the smallest thing such as providing non certified copies of documents when called for or forgetting to fill in a blank on the application, to sending in the wrong fee. At this level, there are also background checks performed on the petitioner (yet another agency)

 

Once the I-129F is approved, it's sent to another governmental agency, the Department of State's National Visa Center where more background checks are performed on the beneficiary. For whatever reason, the US can't get it's act together in checking Chinese names in an efficient manner, and with the use of many common surnames, it's possible for the beneficiary to be confused with someone else. Consequently, just the background check itself can take anywhere from 30 days to six months. What makes this phase difficult is that information is virtually non existent, so you as the petitioner, are at almost a complete loss when it comes to helping out with snags.

 

When NVC finishes, it sends the files to Guangzhou via DHL and another roadblock confronts you. DHL won't deliver the files to the consulate until the consulate provides the required paperwork, and trying to understand why files take 30 or more days to just reach the consulate's mailroom can be frustrating. Again, you have very little control. After the files are physically delivered to the consulate, they can sit for a month or longer just waiting to be uploaded into the computers.

 

At this point, the actual visa application process hasn't even started. Eventually, the consulate will send the Packet 3 (P3) to the visa applicant. Remember that I-129F you filed up to six months ago? You were supposed to put your fiancee's address on it in Chinese characters, and the consulate is supposed to use this address. Sometimes they do; sometimes the don't. As a result, P3s get lost, and it's very frustrating to track down the lost P3 or to get the consulate to send out a new P3. Does she have children? Take what's going on and double it for each kid.

 

Eventually, your fiancee will receive the P3 and hopefully with your assistance, will complete it and return it to the consulate. Maybe she makes a mistake; maybe she forgets to answer a question. Any number of things can happen that will slow that snail even further. At some point, the consulate will acknowledge receipt of the paperwork, but only if you press them on it. After even more waiting, the consulate will send out the P4, and the real fun begins, gathering the required documents and proof of relationship, completing the medical exams, paying the visa fees, etc., all in advance of the actual interview.

 

Ah, that interview. You've been waiting for about a year just to get her foot in the door of the consulate where one screw up can result in a "blue slip" or an outright denial (non appealable). Typically, interviews take about 3-5 minutes, and the Visa Officer (VO) has either already made his/her decision or has an idea which way to go, or throws a dart at the "yes-no" dartboard. No one really knows, but, after a year of waiting, it boils down to this short interview. If the VO's gut is churning, he/she might give her that dreaded "blue slip" - a kind of request for more information to prove some aspect related to the visa. It may be relationship related, it may be financial - any number of things. Usually, it's relationship related: "Prove you can communicate - give me a video tape (which format?) of you two talking." It may be some pissed off individual your fiancee met along the way who is trying to de-rail her visa with a letter (unknown to you or her) to the consulate claiming your relationship is fradulent. Even if the interview is sucessful, there is still the risk that the VO might change his/her mind, and when you go to pick up the visa, it's not there.

 

Starting to get the picture? Nothing is guaranteed until she arrives, not in the US, but in the US outside of the airport.

 

The Chinese government is also involved. She'll need a passport, birth records, police records, maybe divorce records, and maybe other documents. Portions of the country are a tad more money conscious than other parts, and getting some of these documents may require a little palm greasing. In some parts of the country, record keeping isn't the best, so some of the documents might not even be available. If she has children, the ex may also be involved if his consent is needed to allow the children to leave the country. Again money can have a greedy smell to it.

 

After a year or so of what will likely be one of the most frustrating years in your life, she'll arrive the the Point of Entry (POE) at some US airport. Her K-1 visa gives her the right to seek admission to the US, but it's the Immigration Officer (IO) at the POE that has the final say. Most visa holders make it through without a problem, but until she clears the POE, it ain't over.

 

Actually, it isn't over even after she clears the POE. Marriage, adjustment of status, work authorization, social security numbers, drivers licenses are all ahead of you - not to mention the significant cultural adjustments both of you will go through.

 

They're enough horror stories out there where smallest thing de-rails the process (or the relationship). The financial and emotional investment is significant, but the government doesn't really care about that. If it were only a matter of a few months from beginning to end, it might not be as much of a worry, but having to wait a year just to allow your fiancee to come to America adds so much pressure when that one omission or "bad hair day" can force you to start from scratch.

 

Is the process easy? On paper, yes. Is it frustrating? More than you'll ever know.

[LiandLarry]

EXCELLENT post Frank, you hit the nail right on the head.

As we hit our heads against the wall, repeat as needed.

 

Larry

[Guest ShaQuaNew]

EXCELLENT post Frank, you hit the nail right on the head.

As we hit our heads against the wall, repeat as needed.

 

Larry

174561[/snapback]

Agreed Larry,

 

Frank has captured many of the nuances that seem to plague the process!

 

Thanks Frank...

 

[shyaushu]

Well, that was certainly an informative and comprehensive littany of the process! I'm not that convinced ShaQuaNew's citation of "Murphy's Law" is so off the mark. There are so many ways things could go awry, and they probably will.

 

But, having just gone through this (albeit the CR-1 permutation) I can offer that my experience suggests in the final stage having a reasonable and humane VO means a great deal. And that part is just the luck of the draw, I suppose.

 

Zhenshu and I had few photos of the two of us, but she had a number of photos I had taken of people hauling carts, etc. and some rather nice photos of the countryside in Tibet. We had e-mails (on a floppy disk, with the last month's in hard copy), and absolutely no phone records.

 

All the VO seemed to be interested in were the photos of China and our "marriage ceremony" and some other personal stuff. My having visited three times also seemed to have some weight.

 

But an ill-intentioned VO could have easily skuttled it all by demanding proof of my Chinese language skills (which are not that great) or phone records. He didn't.

 

So, everything that was previously said is probably very true, and then there's the wild card at the end.

 

But is is all worth it!

[david_dawei]

frank, can I quote you on that ?

 

As for how the chinese parents handle their daugther coming to the US... I'd simply put it as: If she is happy, the parents are happy; or, make the daughter happy and you make the parents happy!

[Redsunset52]

I have been reading the mountain of info on visa's etc.  Am I understanding this correctly, that if I would like my SO to come here faster I should plan on getting married in the US and do so within 90 of her arrival by way of a K1 visa?

 

Now she must gather certain paperwork for an interview in order to get the fiance visa.  What kind of paperwork and what is asked at this interview?

 

Is this interview with US officials?

 

What is required by the Chinese government?  surely shemust need a visa or something in order to leave the PRC.

 

Next, she should apply for permanent resident status within 90 days after the marriage in the US?

 

Now that I have publicly displayed my ignorance of the process would someone set me straight step by step as to what really happens?

 

That being said how do Chinese parents handle their daughter coming to the US and getting married here, albeit a second time around?

 

Thanks in advance

The Rak

174539[/snapback]

Ha , ha , I remember that is what I said :"This process is relatively simple , what's the problem " Now much wiser......

 

Red

[shyaushu]

On paper, the K-1 process is simple; in reality, it sucks.  The process involves two governments and at least two US Departments.  On the US side, there's USCIS where you file the I-129F.  Processing at the Service Center will take anywhere from a month to 6+ months.  For whatever reason, the paperwork shufflers are nit pickers, so it's possible to get an RFE (Request For Evidence) for the smallest thing such as providing non certified copies of documents when called for or forgetting to fill in a blank on the application, to sending in the wrong fee.  At this level, there are also background checks performed on the petitioner (yet another agency)

 

Once the I-129F is approved, it's sent to another governmental agency, the Department of State's National Visa Center where more background checks are performed on the beneficiary.  For whatever reason, the US can't get it's act together in checking Chinese names in an efficient manner, and with the use of many common surnames, it's possible for the beneficiary to be confused with someone else.  Consequently, just the background check itself can take anywhere from 30 days to six months.  What makes this phase difficult is that information is virtually non existent, so you as the petitioner, are at almost a complete loss when it comes to helping out with snags.

 

When NVC finishes, it sends the files to Guangzhou via DHL and another roadblock confronts you.  DHL won't deliver the files to the consulate until the consulate provides the required paperwork, and trying to understand why files take 30 or more days to just reach the consulate's mailroom can be frustrating.  Again, you have very little control.  After the files are physically delivered to the consulate, they can sit for a month or longer just waiting to be uploaded into the computers.

 

At this point, the actual visa application process hasn't even started.  Eventually, the consulate will send the Packet 3 (P3) to the visa applicant.  Remember that I-129F you filed up to six months ago?  You were supposed to put your fiancee's address on it in Chinese characters, and the consulate is supposed to use this address.  Sometimes they do; sometimes the don't.  As a result, P3s get lost, and it's very frustrating to track down the lost P3 or to get the consulate to send out a new P3.  Does she have children?  Take what's going on and double it for each kid.

 

Eventually, your fiancee will receive the P3 and hopefully with your assistance, will complete it and return it to the consulate.  Maybe she makes a mistake; maybe she forgets to answer a question.  Any number of things can happen that will slow that snail even further.  At some point, the consulate will acknowledge receipt of the paperwork, but only if you press them on it.  After even more waiting, the consulate will send out the P4, and the real fun begins, gathering the required documents and proof of relationship, completing the medical exams, paying the visa fees, etc., all in advance of the actual interview.

 

Ah, that interview.  You've been waiting for about a year just to get her foot in the door of the consulate where one screw up can result in a "blue slip" or an outright denial (non appealable).  Typically, interviews take about 3-5 minutes, and the Visa Officer (VO) has either already made his/her decision or has an idea which way to go, or throws a dart at the "yes-no" dartboard.  No one really knows, but, after a year of waiting, it boils down to this short interview.  If the VO's gut is churning, he/she might give her that dreaded "blue slip" - a kind of request for more information to prove some aspect related to the visa.  It may be relationship related, it may be financial - any number of things.  Usually, it's relationship related:  "Prove you can communicate - give me a video tape (which format?) of you two talking."  It may be some pissed off individual your fiancee met along the way who is trying to de-rail her visa with a letter (unknown to you or her) to the consulate claiming your relationship is fradulent.  Even if the interview is sucessful, there is still the risk that the VO might change his/her mind, and when you go to pick up the visa, it's not there.

 

Starting to get the picture?  Nothing is guaranteed until she arrives, not in the US, but in the US outside of the airport.

 

The Chinese government is also involved.  She'll need a passport, birth records, police records, maybe divorce records, and maybe other documents.  Portions of the country are a tad more money conscious than other parts, and getting some of these documents may require a little palm greasing.  In some parts of the country, record keeping isn't the best, so some of the documents might not even be available.  If she has children, the ex may also be involved if his consent is needed to allow the children to leave the country.  Again money can have a greedy smell to it.

 

After a year or so of what will likely be one of the most frustrating years in your life, she'll arrive the the Point of Entry (POE) at some US airport.  Her K-1 visa gives her the right to seek admission to the US, but it's the Immigration Officer (IO) at the POE that has the final say.  Most visa holders make it through without a problem, but until she clears the POE, it ain't over.

 

Actually, it isn't over even after she clears the POE.  Marriage, adjustment of status, work authorization, social security numbers, drivers licenses are all ahead of you - not to mention the significant cultural adjustments both of you will go through.

 

They're enough horror stories out there where smallest thing de-rails the process (or the relationship).  The financial and emotional investment is significant, but the government doesn't really care about that.  If it were only a matter of a few months from beginning to end, it might not be as much of a worry, but having to wait a year just to allow your fiancee to come to America adds so much pressure when that one omission or "bad hair day" can force you to start from scratch.

 

Is the process easy?  On paper, yes.  Is it frustrating?  More than you'll ever know.

174556[/snapback]

I wonder if the potential point-of-entry problem also exists with the CR-1 visa? I would assume because it's a "permanent resident visa" entry would be (almost) guaranteed.

 

In other words, even though US officials will surely reserve the right to deny entry to anyone they decide they don't want here, cases where someone with a CR-1 visa is denied entry should probably be extremely rare.

 

Is that the case?

[Trigg]

On paper, the K-1 process is simple; in reality, it sucks.  The process involves two governments and at least two US Departments.  On the US side, there's USCIS where you file the I-129F.  Processing at the Service Center will take anywhere from a month to 6+ months.  For whatever reason, the paperwork shufflers are nit pickers, so it's possible to get an RFE (Request For Evidence) for the smallest thing such as providing non certified copies of documents when called for or forgetting to fill in a blank on the application, to sending in the wrong fee.  At this level, there are also background checks performed on the petitioner (yet another agency)

 

Once the I-129F is approved, it's sent to another governmental agency, the Department of State's National Visa Center where more background checks are performed on the beneficiary.  For whatever reason, the US can't get it's act together in checking Chinese names in an efficient manner, and with the use of many common surnames, it's possible for the beneficiary to be confused with someone else.  Consequently, just the background check itself can take anywhere from 30 days to six months.  What makes this phase difficult is that information is virtually non existent, so you as the petitioner, are at almost a complete loss when it comes to helping out with snags.

 

When NVC finishes, it sends the files to Guangzhou via DHL and another roadblock confronts you.  DHL won't deliver the files to the consulate until the consulate provides the required paperwork, and trying to understand why files take 30 or more days to just reach the consulate's mailroom can be frustrating.  Again, you have very little control.  After the files are physically delivered to the consulate, they can sit for a month or longer just waiting to be uploaded into the computers.

 

At this point, the actual visa application process hasn't even started.  Eventually, the consulate will send the Packet 3 (P3) to the visa applicant.  Remember that I-129F you filed up to six months ago?  You were supposed to put your fiancee's address on it in Chinese characters, and the consulate is supposed to use this address.  Sometimes they do; sometimes the don't.  As a result, P3s get lost, and it's very frustrating to track down the lost P3 or to get the consulate to send out a new P3.  Does she have children?  Take what's going on and double it for each kid.

 

Eventually, your fiancee will receive the P3 and hopefully with your assistance, will complete it and return it to the consulate.  Maybe she makes a mistake; maybe she forgets to answer a question.  Any number of things can happen that will slow that snail even further.  At some point, the consulate will acknowledge receipt of the paperwork, but only if you press them on it.  After even more waiting, the consulate will send out the P4, and the real fun begins, gathering the required documents and proof of relationship, completing the medical exams, paying the visa fees, etc., all in advance of the actual interview.

 

Ah, that interview.  You've been waiting for about a year just to get her foot in the door of the consulate where one screw up can result in a "blue slip" or an outright denial (non appealable).  Typically, interviews take about 3-5 minutes, and the Visa Officer (VO) has either already made his/her decision or has an idea which way to go, or throws a dart at the "yes-no" dartboard.  No one really knows, but, after a year of waiting, it boils down to this short interview.  If the VO's gut is churning, he/she might give her that dreaded "blue slip" - a kind of request for more information to prove some aspect related to the visa.  It may be relationship related, it may be financial - any number of things.  Usually, it's relationship related:  "Prove you can communicate - give me a video tape (which format?) of you two talking."  It may be some pissed off individual your fiancee met along the way who is trying to de-rail her visa with a letter (unknown to you or her) to the consulate claiming your relationship is fradulent.  Even if the interview is sucessful, there is still the risk that the VO might change his/her mind, and when you go to pick up the visa, it's not there.

 

Starting to get the picture?  Nothing is guaranteed until she arrives, not in the US, but in the US outside of the airport.

 

The Chinese government is also involved.  She'll need a passport, birth records, police records, maybe divorce records, and maybe other documents.  Portions of the country are a tad more money conscious than other parts, and getting some of these documents may require a little palm greasing.  In some parts of the country, record keeping isn't the best, so some of the documents might not even be available.  If she has children, the ex may also be involved if his consent is needed to allow the children to leave the country.  Again money can have a greedy smell to it.

 

After a year or so of what will likely be one of the most frustrating years in your life, she'll arrive the the Point of Entry (POE) at some US airport.  Her K-1 visa gives her the right to seek admission to the US, but it's the Immigration Officer (IO) at the POE that has the final say.  Most visa holders make it through without a problem, but until she clears the POE, it ain't over.

 

Actually, it isn't over even after she clears the POE.  Marriage, adjustment of status, work authorization, social security numbers, drivers licenses are all ahead of you - not to mention the significant cultural adjustments both of you will go through.

 

They're enough horror stories out there where smallest thing de-rails the process (or the relationship).  The financial and emotional investment is significant, but the government doesn't really care about that.  If it were only a matter of a few months from beginning to end, it might not be as much of a worry, but having to wait a year just to allow your fiancee to come to America adds so much pressure when that one omission or "bad hair day" can force you to start from scratch.

 

Is the process easy?  On paper, yes.  Is it frustrating?  More than you'll ever know.

174556[/snapback]

I wonder if the potential point-of-entry problem also exists with the CR-1 visa? I would assume because it's a "permanent resident visa" entry would be (almost) guaranteed.

 

In other words, even though US officials will surely reserve the right to deny entry to anyone they decide they don't want here, cases where someone with a CR-1 visa is denied entry should probably be extremely rare.

 

Is that the case?

174657[/snapback]

I surely wouldn't change from K1 to CR1 because of issues at POE. Frank's point is that the entire adventure if seeped in the uncertain. I know of no one who has been denied with a valid visa at the POE.

[philb]

Frank has missed it COMPLETELY:

 

He is way too positive....add time, patience, money, lonliness, travel, more time...

 

Oh, and did I mention adding time to Frank's scenario?

 

pull up a chair,

 

Phil

[obxtrainman]

Straight forward

 

 

 

 

By the way,

 

Frank, it isn't like you to "Sugar Coat" things

[johnxiaoying]

There is one short cut to the process that will take months off the Guangzhou process, get married in Hong Kong and the interview will be held in Hong Kong instead of Guangzhou.

 

Getting married in HK is more time consuming that getting married in China in that you file and then you wait a period of time, I believe almost three weeks, and then you can get married.

 

It's an option, if you and your SO have the time.

 

Good luck.