K1 or DCF filing? Please help!

[canrun]

Hello all...hope you can help me...

I am an English teacher who has lived in China for the past five years. I've dated a wonderful lady for the past four years and it's time to get married. I'm FINE with that...here's my dilemma...we are not sure if it will be better to get a K1 visa or a DCF visa. I hear from my friends here the advantages of both. Ideally, I THINK I would like to move back to the States in about two years, but I'm not SURE. I like my job here. I'd like my fiancee to see the US as soon as she can...she's waited long enough. So...in short...my question is, is it better to get the K1 and get married in the States or get the DCF, get married here in China and go from there, not exactly knowing what my residence plans will be during the next few years. Any help is much appreciated!

-Aaron

[Guest ShaQuaNew]

I don't know the details for getting a DCF in China, but there are a few on this site that do. Indeed, if you can DCF, and have that option available, it's my understanding that it's quicker and less painful than other alternatives. With that said, I think that most would agree that if time is the issue with getting your partner to the states, that K1 is second....

[C4Racer]

Hello all...hope you can help me...

I am an English teacher who has lived in China for the past five years. I've dated a wonderful lady for the past four years and it's time to get married. I'm FINE with that...here's my dilemma...we are not sure if it will be better to get a K1 visa or a DCF visa. I hear from my friends here the advantages of both. Ideally, I THINK I would like to move back to the States in about two years, but I'm not SURE. I like my job here. I'd like my fiancee to see the US as soon as she can...she's waited long enough. So...in short...my question is, is it better to get the K1 and get married in the States or get the DCF, get married here in China and go from there, not exactly knowing what my residence plans will be during the next few years. Any help is much appreciated!

-Aaron 

189828[/snapback]

Canrun, Welcome to CFL. Not sure I am the best to help, but I will give you my ideas.

 

I am not familiar with DCF in Guangzhou. I have heard it is harder than most embassies, but then all procedures seem to be scrutinized harder. That being said, I think it will depend more on your plans for the future.

 

K1 Fiancee visa is designed to bring her to the US quickly. It is also assumed the couple will be living in the US after and the Chinese National will file for AOS. If you decide to return to America soon and have her apply for AOS, then K1 Fiancee visa is the best way to go.

 

If you decide to stay in China another two years, there are other benefits to this senario. One, you can file DCF for IR1. This gets her a ten year green card and skips any conditions. Conditions will not apply because the whole test of conditions are that you remain married two years. If your marriage is already two years old, you go straight to the ten year green card. You wish to visit the US during this senario. I do not see it as a problem. The key is that the Chinese national needs to show they will return to China after the visiting period expires. All she has to do is prove you are returning to China to your job.

 

Good luck on your future.

Hope this helped.

Mike

Edited February 10, 2006 by C4Racer (see edit history)

[cosmiclobster]

Welcome to CFL!

Sorry that I'm no great authority on this either , but I would go with the DCF. I think you can get the DCF at any US consulate and you will avoid a ton of paperwork and the long drawn out process of the K1.

Also, C4 is right about the IR1. If you have been married for 2 years you can apply for the IR1 and "go directly to GO and collect the $200". By far the easiest process, she'll get the 10 year Green Card and you will both be free to come and go as you please.

What city do you teach in?

Good luck with your process!!

Edited February 10, 2006 by cosmiclobster (see edit history)

[Guest pushbrk]

Hello all...hope you can help me...

I am an English teacher who has lived in China for the past five years. I've dated a wonderful lady for the past four years and it's time to get married. I'm FINE with that...here's my dilemma...we are not sure if it will be better to get a K1 visa or a DCF visa. I hear from my friends here the advantages of both. Ideally, I THINK I would like to move back to the States in about two years, but I'm not SURE. I like my job here. I'd like my fiancee to see the US as soon as she can...she's waited long enough. So...in short...my question is, is it better to get the K1 and get married in the States or get the DCF, get married here in China and go from there, not exactly knowing what my residence plans will be during the next few years. Any help is much appreciated!

-Aaron 

189828[/snapback]

Canrun, Welcome to CFL. Not sure I am the best to help, but I will give you my ideas.

 

I am not familiar with DCF in Guangzhou. I have heard it is harder than most embassies, but then all procedures seem to be scrutinized harder. That being said, I think it will depend more on your plans for the future.

 

K1 Fiancee visa is designed to bring her to the US quickly. It is also assumed the couple will be living in the US after and the Chinese National will file for AOS. If you decide to return to America soon and have her apply for AOS, then K1 Fiancee visa is the best way to go.

 

If you decide to stay in China another two years, there are other benefits to this senario. One, you can file DCF for IR1. This gets her a ten year green card and skips any conditions. Conditions will not apply because the whole test of conditions are that you remain married two years. If your marriage is already two years old, you go straight to the ten year green card. You wish to visit the US during this senario. I do not see it as a problem. The key is that the Chinese national needs to show they will return to China after the visiting period expires. All she has to do is prove you are returning to China to your job.

 

Good luck on your future.

Hope this helped.

Mike

189837[/snapback]

You will want to check into the income requirements to obtain the visa. Often jobs in China do not meet the minimum income requirements in USD. Not a deal killer if you have a co-sponsor.

 

Not a lot of DCF filers here.

[david_dawei]

Welcome to CFL.

 

You can compare some visas in general here:

 

Visa Journey:

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

 

---

 

The main issues seems to be to determine when you want to return to the US and then work backwards at determining the timing of filing of either one that you choose...

 

Because the K1 would require a state-side filing, you'll have to deal with some mail exchange to the US.

 

I guess I see little reason to do K1 in what I hear from you.. The K1 is the fastest 'state-side' filing method, but comes with some overhead to do adjustment of status after you arrive in US and get married... then wait and wait for the greencard.

 

DCF is the fastest overall filing choice and you have a greencard to boot !

 

If you go DCF, you can get married in china... continue to work and decide on your future plans. When you guys decide on the timeframe to go to the US, then file DCF accordingly. Filing in GUZ can take six months or more. As others mention, if you are married and waited till a time of almost two years to return, then you get the 10 yr GC.

 

The main issue you'll encounter:

1) domicile - That primary residence is in the US... VO's do take domicile as a serious issue.. you'll need to prove strong ties to the US. You should start to build up a folder of evidence NOW for this.. bank accounts, and other items that show you update all your information there (like filing taxes), etc...

2) public charge - Mike points out that your income may not meet the requirements.... so you could need a 'joint-sponsor'... usually most DCFers do need this and usually use a family member. This is fairly common and not as big a hurdle as the first issue. Just get someone lined up.

 

There's a DCF FAQ you can review as well, and has info on getting married in China as well:

 

DCF & HK FAQ:

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

[frank1538]

Welcome to CFL. There are a number of members who went DCF who can share their direct experiences, but my take is that it's easier and faster then K visa processing since you essentially bypass the stateside filings with USCIS. A couple of points to consider.

 

As David points out, domicile can be a problem. Your domicile has to be in the US in order for you to be able to execute the I-864 affidavit of support (needed as part of the CR/IR-1 visa process) even if you don't currently make the US poverty level minimum (a joint sponsor can't even execute an affidavit of support if you can't). Having secured employment back is the US is a very good indicator that your Chinese residency was temporary and you always intended to return to the US. The I-864 will be needed if you go DCF but won't be needed if you go K. Rather, the I-134 is currently used. In all honesty, I don't know if the I-134 also requires a US domicile, but I suspect the requirements are less stringent.

 

Also, whether you go CR/IR-1 or K, remember that most visas have a 6 month validity which means that the visa must be used to gain entry into the US within 6 months of issuance. So, timing should be considered as well. It would be a real pain to go through the hassle of getting a visa just to have it expire before coming to the US.

[beijingjenny]

Frank says it well. DCF is definitely faster and much less painful, so if you are going to get married anyway, I would recommend going this way. Yes, you do need to consider the things mentioned. First of all, you need to get married FIRST and then you can file anytime. No, it is NOT harder at all, it is easier. And yes, a non-conditional green card would be great, but you would need to enter the country as Frank says within six months of getting the visa, but at least two years after being married.

 

So it all depends on when you plan to take her and how long the visa takes to get etc. For us, it was I think seven months altogether. And there is nothing you then need to do when you enter the US unless you need to remove conditions, as we will need to do in (yikes!) less than a year's time.

 

As for domicile, that can be sticky but has yet to be a serious problem for anyone I know who went this way if you have a good co-sponsor. In your case, if you are not planning to move back to the US for some time but just want to go there, that could make things more difficult, but there was someone else here whose wife got the visa even though he has a longish term job in China.

 

My two yuan - hope things work out for you.

[canrun]

Hey guys...thank you SO much for all your advice! Lots if friendly folks here. I am a TOTAL newbie to this process, so I'm gonna take this weekend to really read up on my options. I'm also gonna have a long talk with my fiancee about her wishes (though we've been together-in China-4 years and yes, I DO know her! Ha!). Here is my IDEAL goal...though it's flexible at this time:

I'd like to keep my job in China but be able to take my fiancee-wife-to the US for travel and just see what it's like for her after we're married. She's always wantedto go.How easy it is for a WIFE to get a tourist visa to the US after one is married? I hope my questions are clear...I'm not even sure what I'm asking at this point myself! Ha!

I also want to say, actually, when my father passed I was left a comfortable sum of money and have stocks,bank account, driver's license, etc. back home. I hope the Coonsulate would look at this favorable in the case of a DCF.

In short...I'd like to get married soon...in China is fine...then keep working here- but, have the opption to travel and ultimately live in the US any time we'd like to do so. Any more suggestions are MOST appreciated!

Thanks for your help everyone!

Sincerely...Aaron from sunny Zhuhai, Guangdong

[Stone]

Hey guys...thank you SO much for all your advice! Lots if friendly folks here. I am a TOTAL newbie to this process, so I'm gonna take this weekend to really read up on my options. I'm also gonna have a long talk with my fiancee about her wishes (though we've been together-in China-4 years and yes, I DO know her! Ha!). Here is my IDEAL goal...though it's flexible at this time:

I'd like to keep my job in China but be able to take my fiancee-wife-to the US for travel and just see what it's like for her after we're married. She's always wantedto go.How easy it is for a WIFE to get a tourist visa to the US after one is married? I hope my questions are clear...I'm not even sure what I'm asking at this point myself! Ha!

I also want to say, actually, when my father passed I was left a comfortable sum of money and have stocks,bank account, driver's license, etc. back home. I hope the Coonsulate would look at this favorable in the case of a DCF.

In short...I'd like to get married soon...in China is fine...then keep working here- but, have the opption to travel and ultimately live in the US any time we'd like to do so. Any more suggestions are MOST appreciated!

Thanks for your help everyone!

Sincerely...Aaron from sunny Zhuhai, Guangdong

190161[/snapback]

If you are interested in a tourist visa for your wife/fiancee, you might want to read the following:

 

http://candleforlove.com/forums/index.php?showtopic=15331

[Guest pushbrk]

Hey guys...thank you SO much for all your advice! Lots if friendly folks here. I am a TOTAL newbie to this process, so I'm gonna take this weekend to really read up on my options. I'm also gonna have a long talk with my fiancee about her wishes (though we've been together-in China-4 years and yes, I DO know her! Ha!). Here is my IDEAL goal...though it's flexible at this time:

I'd like to keep my job in China but be able to take my fiancee-wife-to the US for travel and just see what it's like for her after we're married. She's always wantedto go.How easy it is for a WIFE to get a tourist visa to the US after one is married? I hope my questions are clear...I'm not even sure what I'm asking at this point myself! Ha!

I also want to say, actually, when my father passed I was left a comfortable sum of money and have stocks,bank account, driver's license, etc. back home. I hope the Coonsulate would look at this favorable in the case of a DCF.

In short...I'd like to get married soon...in China is fine...then keep working here- but, have the opption to travel and ultimately live in the US any time we'd like to do so. Any more suggestions are MOST appreciated!

Thanks for your help everyone!

Sincerely...Aaron from sunny Zhuhai, Guangdong

190161[/snapback]

I'm not aware of any visa designed for a USC who is a Chinese resident to bring his Chinese fiance to the USA as a tourist. I think she would be treated like any other Chinese applicant for a tourist visa.

 

As your wife, she is likely to be treated differently if the US authorities could be convinced you have firm ties to China and will return with her. However, since it is your honest intention to eventually immigrate, I would expect the authorities would advise you as you have already been advised here. Marry in China and apply DCF for a CR1 visa at the appropriate time for her immigration. Yes, when that time comes your substantial personal assets in the USA will be an acceptable substitute for income.

 

You might wish to consider taking your Fiance to another Western Country where it is easier for her to obtain a Visa. Australia of New Zealand would be options to check into. At least she would see something similar.

 

I suspect than since you are already together, when you personally have decided it is time to get married, the marriage will take priority over visa and checking out the USA considerations.

Edited February 11, 2006 by pushbrk (see edit history)

[canrun]

Frank says it well. DCF is definitely faster and much less painful, so if you are going to get married anyway, I would recommend going this way. Yes, you do need to consider the things mentioned. First of all, you need to get married FIRST and then you can file anytime. No, it is NOT harder at all, it is easier. And yes, a non-conditional green card would be great, but you would need to enter the country as Frank says within six months of getting the visa, but at least two years after being married.

 

So it all depends on when you plan to take her and how long the visa takes to get etc. For us, it was I think seven months altogether. And there is nothing you then need to do when you enter the US unless you need to remove conditions, as we will need to do in (yikes!) less than a year's time.

 

 

189907[/snapback]

Thanks very much all for the comments. I am beginning to clearly see that a DCF will most likely be my best option. So, in that light I have a few more questions. I am quite confused about the last post quoted above. Let's say that I get married in May and soon after apply for the C-1 visa (or whatever is visa needed). I understand the wait may be a long time. Let's say...8 months to get all approved. It's now December. Does that mean that I then have to wait 15 more months (2 years total)before we can enter the US together-even for a visit? I'm sorry...just quite confused about the 6 months/2 years,etc. terminology people are using. Could you please clarify?

 

Question #2: About the I-864 Affadavit of support. Will all of these papers need to be notarized in the US AFTER we weceive the NO2 or can this all be accumulated ahead of time? I ask because I'm going back to the US next month the tie up some loose ends before the marriage. I'd like to lay AS MUCH groundwork as possible while back home and avoid a return trip if AT ALL possible. That means getting things notarized, etc. while I am Stateside.

 

Questin#3: (no more for today! Ha!) Is there ANYTHING else specifically I need to do when I'm back in the US in terms of filing? Any paperwork I need to bring FROM China to the US? Lastly, what specifically do I need to bring back with me FROM the US to China to start the DCF process?

 

I really really appreciate all the help! Any advice is MOST appreciated! If you're ever in Zhuhai...beer's on me! Cheers!

Aaron

[frank1538]

Thanks very much all for the comments. I am beginning to clearly see that a DCF will most likely be my best option. So, in that light I have a few more questions. I am quite confused about the last post quoted above. Let's say that I get married in May and soon after apply for the C-1 visa (or whatever is visa needed). I understand the wait may be a long time. Let's say...8 months to get all approved. It's now December. Does that mean that I then have to wait 15 more months (2 years total)before we can enter the US together-even for a visit? I'm sorry...just quite confused about the 6 months/2 years,etc. terminology people are using. Could you please clarify?

190398[/snapback]

I'll take a stab at the first question, but hopefully others with direct experience can help with the other two.

 

Let's say you get married in May and then file the I-130 directly with the consulate. At that point, your wife probably has "immigrant intent", that is, she intends to immigrate to the US. In order to be able to get a tourist visa to the US, an applicant has to overcome "immigrant intent". For most people, this is done by showing strong ties in the home country and otherwise documenting and proving that the applicant intends to return. I'm guessing that being able to do this will be difficult if not impossible if you have filed the I-130 indicating that you want your wife to immigrant to the US. Could she apply for a tourist visa before you file the I-130? I guess she could, but the chances of a single Chinese woman getting a tourist visa are very slim indeed. One possibilty might be for her to explore a tour group visit to the US where I suspect the chances of getting a tourist visa might be marginally better. If I were in your shoes, I'd probably be planning on her first trip to the US being on an immigrant visa (CR/IR-1) rather than on a tourist visa.

 

The six month rule refers to when you have to enter the US after getting this visa. Most visas have to be used to gain entry into the US within 6 months of issuance - use it within 6 months or lose it.

 

The two year rule refers to the type of immigrant visa the spouse will get. If the marriage is less than 2 years old, the visa will be a CR-1 (conditional resident). When she enters the US, she'll enter as a legal permanent resident, but her green card (which she'll eventually receive)will be good for only two years. It will require that you file an application to "remove the conditions" before the card expires. Think of it as the government's ways of making you prove that the marriage is bona fide. If the marriage is over 2 years old, she'll get an IR-1 visa. When she enters the US, she'll also enter as a legal permanent resident, but the green card she'll get will be good for 10 years rather than 2.

[beijingjenny]

What Frank said on 1

 

2 - The I-864 can be notarized at the embassy

 

3 - It depends what you will need to prove domicile, i.e. bank statements, proof of property ownership, job offers, whatever. In my case I just needed stuff from my parents for their co-sponsorship.

[david_dawei]

2. Re: collecting ahead of time

 

One issue of supplying the I-864 is that it ought be to up to date when the interview occurs... and seeing how the next few months are a calendar change for taxes, the most recent tax returns will be 2005 by the time of your interview, which your parents have probably not filled out yet. So, I would wait till later into your process, at P3 to have the financials notarized and sent to you.

 

3. If you marry in china, you can either gather items in the US for this or do it in china.. From all that I've ever seen on this, it seems to me that it's easier to do in china.. but read the docs and decide...