Going back to China after fiance comes to U.S

[jamin55]

If my fiance comes to the U.S on a fiance visa ----

besides getting married in the U.S, could we then go back to China and have a chinese wedding over there? Or would that parol thing take along time and be a problem?

 

Also, does anyone know which is better/faster for getting my SO working in the U.S

Fiance visa or marrage visa--K1 or K3--Or are they about the same?

I'm here in China now and we are thinking about this.

 

Thanks alot gang for the help again!

benjamin

[LeeFisher3]

Both the K1/K3 visas would need to do the AOS process, the main differences between them are.

 

The K1 can get an SSN about 2 weeks after entry to the US, but needs AP travel back to the US.

 

The K3 is a multiple entry visa, you can not get the SSN until she is work authorized.

 

Both visa's require EAD to get work, the K1 is granted a 90 day EAD, but it is difficult to get work without a card.

 

As for one being better than the other it's really hard to say. Usually the K-1 processes faster than the k-3.

 

If you file for a wife it is possible that the CR1 paperwork will catch up with the K3 paperwork before the interview and if it does then once entering the US the green card arrives a few weeks later and you by pass the AOS process and have no paperwork for 1 year 9 months.

 

This should all be clear as mud about now.

[frank1538]

Lee laid it out pretty good. As far as returning to China for a ceremonial wedding, if she comes to the US on a K-1, you can file for advance parole at the same time you file to adjust her status from K-1 to legal permanent resident, but not before. I'm, going to guess it'll take about 2 months to receive the AP after you file, but your mileage may vary.

[jim_julian]

Why not have the cermonial wedding and party before you leave China? It's not a legal marriage, in the immigration sense, unless you apply to the Chinese government and get your red book.

 

Lao Po and I plan to have a big party in China ... link arms ... drink together. After all, in our minds, we have been married almost two years now. The party will cement things in front of family and friends. The legal marriage will take place in a government office and a church in California a few days later.

[Feathers268]

jim_julian has a very good idea. If ypu want to have the cerimony in China, do it befor leaving for the US unless for some reason you you will not be back over there at the time she gets the visa. If plans will be to come here first, after K1 you will need atleast a couple of months for the advanced parole before she can leave and come back. The K3 may take a little longer, bur she would be able to travel after arriving, but then, that would mean you already married in China.

[NY-Viking]

We took the approach Jim_Julian suggested; only we had the wedding ceremonies a little over a year apart. The Chinese ceremonial was in the summer of 2004, and the US legal one was in the US over a year later in October. We thought the K1 would process a little faster. Silly us. Anyway, it worked out fine. Still have some questions from friends/family what our real anniversary is. We go with the US date (since it was the "legal" date) and consider the Chinese one an "engagement ceremony". Everyone wins, really.

[yuehan123]

I did not do it this way and now wish we had put together a ceremony in China before we left. But, there had been a death in the family and I was told you must wait one year before holding any festive ceremonies.

 

I agree with the do it first, do it informal recommendations.

[jamin55]

Thank you all, I hope we can continue to stay in contact --freinds!.

Thank you CFL, we would not have made it without you!

I definatly echo this (above) remark.

[jamin55]

By the way----A question for any of you Chinese (female) spouses concerning the above topic:

Did your families have a problem with you not getting offically married

in China?

This seems to be an issue for us. It is as if her family (back in her home town, Jaing Xi Province) thinks I may just be playing a game with my SO if we are not offically married. And as such visiting her family as an unmarried couple will suposedly be uncomfortable.

Does this sound familiar to anyone?

So I feel a little pressure to get married over here so we can go visit her family and have the cerimony and everyone be happy. She really wants to see her family right now too. I do not like to feel any pressure about any of this so I really like and appriciate all of your ideas.

Maybe I have a little cold feet too. But I can only see it as a good thing to let a little more time pass when talking about marrage.

Thank you again----------Ben

[Luo_Bin_&_Jialu]

I threw so many stinkin' parties in China! I had engagement party, going home parties, coming to china parties, etc...I gave more speeches than I care to admit

 

At first, her family was dead set against marriage to a foreigner..now, I have become quite close with a most of her family, trading emails and phone calls on a regular basis--my constantly improving mandarin helps--and as far as everyone was concerned, once they all interrogated me and had background checks, got me good and drunk and tested me..they all were happy that she found someone who loved her spoiled a**!

 

Yes, they were quite wary of me for some time. Much the same way as my mom, sisters and grandmother were of me to her..

 

I make jokes about the parties, but there were some that I had to have in order to make my "face" with these people. The bottom line is I had to learn the family culture and do what was expected, and then let things be as they were. I am sure some families similar to my wife's, who are quite prominent, will have big problems with foreigners, but it all went well with the family in my case..

 

Good luck!