I really really need your advice... please help!

[brutrigem]

Hi, I'm a newbie and I really really need your advice because I am soooo confused right now about what kind of visa to apply for...

I'm a Chinese-American and a U.S. Citizen. I am currently working as a foreign teacher for a college in China (with a Z-visa/resident permit), all of this done so that I could be with my current fiance. We, of course, want to live together in U.S. What should we do? It seems like I have 3 options:

1) Get married here in China, and then I go back to U.S., get a job, apply for a K3 visa (immigration of spouse) which of course will take a good 2-3 years.

2) Go back to U.S., apply for a K1 visa, which seems like it will have a shorter wait time than option 1, but isn't for sure (?!)

3) Get married here in China, go through Direct Consulate Filing... which has the shortest wait time, but I don't know anyone who has went through this, let alone successfully (well cept for the posters in this forum)

 

I am really really considering option 3: DCF, but I really don't know the risks and chances involved? I mean, don't they have to look at my financial situation back in U.S.? Won't they veto us because I don't have a job back home, but am working full-time here in China, for what is definitely minimum pay compared to U.S. standards? And what about the fact that I'm Chinese-American, would that lower my chances?

 

I am so lost, please help me! Especially since my resident permit expires in July, and I don't know if I should stay another year or not... eeks! Thank you!!!

 

Meg

[brutrigem]

Hi, I'm a newbie and I really really need your advice because I am soooo confused right now about what kind of visa to apply for...

I'm a Chinese-American and a U.S. Citizen. I am currently working as a foreign teacher for a college in China (with a Z-visa/resident permit), all of this done so that I could be with my current fiance. We, of course, want to live together in U.S. What should we do? It seems like I have 3 options:

1) Get married here in China, and then I go back to U.S., get a job, apply for a K3 visa (immigration of spouse) which of course will take a good 2-3 years.

2) Go back to U.S., apply for a K1 visa, which seems like it will have a shorter wait time than option 1, but isn't for sure (?!)

3) Get married here in China, go through Direct Consulate Filing... which has the shortest wait time, but I don't know anyone who has went through this, let alone successfully (well cept for the posters in this forum)

 

I am really really considering option 3: DCF, but I really don't know the risks and chances involved? I mean, don't they have to look at my financial situation back in U.S.? Won't they veto us because I don't have a job back home, but am working full-time here in China, for what is definitely minimum pay compared to U.S. standards? And what about the fact that I'm Chinese-American, would that lower my chances?

 

I am so lost, please help me!    Especially since my resident permit expires in July, and I don't know if I should stay another year or not... eeks! Thank you!!!

 

Meg

197910[/snapback]

oh and more info about me: I was a full-time teacher in U.S. before I came to China so my Tax Return shows that I definitely made more than the poverty threshold of $16,000... and also right now I'm in Wuhan, Hubei, so that means I have to go to BJ for DCF, right?

[LeeFisher3]

The advantage of the DCF filing is the time it takes to complete, it also removes the wait on processing in the US, which can be lengthy.

 

You are a US Citizen and being a Chinese-American, who has lived and taught school in China should remove any question of how well you communicate. I can't see any downside to your situation here.

 

The time you would be apart waiting for processing is something you should seriously consider, it can be very difficult just waiting and being apart, especially after being together in China.

 

As your income has been low for US standards you might need to have a family member assist with the Affidavit of Support as a sponsor so that you can meet the requirements.

 

If I were in your position I would seriously consider marriage in China and the DCF filing. You could then make arrangements to return to the US in July and prepare for your spouse to arrive, by finding a job and place to live, while the process continues. If all goes well you could be together in the US before the end of the year.

 

The DCF has one very distinct advantage over the K-1 and K-3, your spouse would arrive and receive their green card within a few weeks, and be fully authorized to work upon arrival in the US and the removal of the conditional status of the green card 21 months later would be your only processing remaining.

[frank1538]

Welcome to CFL, where ignorance is bliss and knowledge can give you a heart attack.

 

Seems like you've got a pretty good handle on your options. I'll offer a few comments, and I'm sure others will correct me if I say something stupid.

 

1) Get married here in China, and then I go back to U.S., get a job, apply for a K3 visa (immigration of spouse) which of course will take a good 2-3 years.

This option also requires that you file the I-130 petition first. The theory behind the K-3 is that it's supposed to allow your spouse to come to the US while the I-130 is being processed. Sometimes, this is true; sometimes, the I-130 still processes more quickly. Personally, I think your 2-3 year estimate is overly conservative. I'd probably budget 10-15 months.

 

If memory serves me (lately CRS has been kicking in ), you can file both the I-129F for the K-3 and the I-130 for the immigrant visa from China. You don't have to be in the US to file these.

 

 

2) Go back to U.S., apply for a K1 visa, which seems like it will have a shorter wait time than option 1, but isn't for sure (?!)

Again, I don't think you need to be in the US to file the I-129F for the K-1 visa. I agree that the K-1 option is generally considered faster than the K-3 option but slower than the DCF option.

 

 

3) Get married here in China, go through Direct Consulate Filing... which has the shortest wait time, but I don't know anyone who has went through this, let alone successfully (well cept for the posters in this forum)

This is usually considered the fastest option, and the track record of CFL members going DCF is pretty impressive. Technically, a DCF filing is supposed to be "clearly approvable", whatever that means. If the consulate doesn't think the petition is clearly approvable, it can't deny the petition. Rather, it sends the petition to USCIS in the states for processing - kinda puts you back to square one. My sense is that this is a rarety, but the possibility still exists.

 

You note that you are currently residing in China on Z/resident visa that will expire in July. An interesting question comes up here and that is do you have to maintain your residency during the process or just at the time you file? I want to say as long as you are a resident at the time you file, you should be okay, but I don't know this for a fact. It would be nice to be able to file DCF and then return to the US to secure employment and otherwise substantiate your domicile in the US.

 

 

All of the options will require some sort of financial documentation. For most people who are living in China and going DCF, this usually requires a joint sponsor who makes above 125% of the US proverty levels. Usually it's not a problem. If you are filing for K-1 or K-3, take a look at the I-134 form. DCF will use the I-864 form. USCIS has some good info on joint sponsors related to the I-864.

 

One last point. While you are correct in that you file the I-130 for DCF with the consulate that has jurisdiction over the area where you reside, it will be processed through one of the most overworked/slowest consulates in the world - Guangzhou.

[warpedbored]

What Frank said. The fact you are Chinese American should have no bearing on the case. You are a US citizen period. DCF will be your fastest option and you will need to show sufficient assets or income regardless of the type of visa you apply for. I would assume that if you make 16K last year and have a job waiting for you stateside or if you have sufficient assets stateside ie home,stocks savings etc you will be fine there. If not you may need to get a co-sponsor such as parent or relative or friend. Again you would need this regardless of the visa type. All in all I would say DCF is your best option.

[HanLi]

no question about it.... DCF

 

good luck

[tall4anasian]

hello,

 

number 1 as you listed . Wouldnt take 2 to 3 years. I went that route, and it only took 1 year and 3 months.

[Mengxin]

Pick #3!!!

[Katrina]

Hi, I'm a DCF'er living in Liaoning province. It's really easy and the best way, in my opinion. If you would like to talk to someone who has done it you can PM me and I will give you my number.

[Randy W]

#3 !! #3 !!

 

Should you choose either door # 1 or door # 2, you will find a lifetime supply of cheetos!

[brutrigem]

Thank you guys so much for replying to my post! Your input was very helpful for me. However I do have a couple more questions regarding the DCF process:

1) Now it seems to me that I definitely need a joint sponsor, and that person would have to be my mother... however, her tax return from the 2005-2006 year showed her to have made only ~$10,000. Now that is definitely not enough for her to be a successful sponsor, right? Also, I believe our tax accountant have filed a joint tax return for my mother and I, I don't really know how that affects this...

 

The bottom line is: if you add up both of our incomes, it's def. more than the poverty line for a household of 2- $16,500... but would that be ok?!

 

2) I read on the visajourney.com site this part:

 

" If you have all of the documents for the petition + visa application ready at your first visit to the Consulate (to file the I-130) you may persuade the Immigrant Visa workers to accept the visa application early and start a provisional file for you."

 

Now has anyone here pursued this in their DCF process? If so, was it successful or helpful to the whole process?

 

Thanks again, you guys are so awesome, you've really helped to ease some of this stress I'm feeling about the visa process!

 

Meg

[frank1538]

A quick response without any checking.

 

Each joint sponsor much individually meet the income thresholds. You can't aggregate them.

 

Guangzhou won't set up a provisional file, but I'm not sure it would make a lot of difference with DCF since the application will already be there.

[Katrina]

I have now idea about setting up a provisional file, but something i noticed in the I-864 papers. If your mom carried you on her taxes for that tax year the two of you CAN add your incomes together.

 

From the I-864:

"When determining your income, you may include the income generated by individulas related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence."...Then it goes on to say they need to sign a contract between sponsor and household member, the I-864-A.

[frank1538]

I have now idea about setting up a provisional file, but something i noticed in the I-864 papers.  If your mom carried you on her taxes for that tax year the two of you CAN add your incomes together. 

 

From the I-864:

"When determining your income, you may include the income generated by individulas related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence."...Then it goes on to say they need to sign a contract between sponsor and household member, the I-864-A.

198259[/snapback]

Good point Katrina. Household members' income can be added to the joint sponsor's income...yet another form.

[warpedbored]

If you can't show income can you show assets? Does your mother own her home for instance? You said your mothers income was only 10K is that after deductions? Gross income is what matters.