palmkeith Posted April 24, 2006 Report Share Posted April 24, 2006 hello,I am new to this group. I hope someone here has some information andcan help direct me a little.I have a girlfriend in China, who I am considering marrying in Chinawithin the next two months. I would like to know how long it would taketo get her here legally. She does not have a visa. She told me it wouldtake from 8 to 10 months for her to get the visa after we would bemarried. Now, I hear, it could actually take up to 2 years. I believe we would submit the K3 visa application, and wewould have to go to the US embassy in China and apply.I hope there is a way I can get her here sooner than that.If someone is familiar with the procedure, and mostly how to possiblyget her here sooner, that would be very nice.Would it possibly be better if we were to get married in the US? Much thanks.Keith Link to comment
Guest pushbrk Posted April 24, 2006 Report Share Posted April 24, 2006 (edited) hello,I am new to this group. I hope someone here has some information andcan help direct me a little.I have a girlfriend in China, who I am considering marrying in Chinawithin the next two months. I would like to know how long it would taketo get her here legally. She does not have a visa. She told me it wouldtake from 8 to 10 months for her to get the visa after we would bemarried. Now, I hear, it could actually take up to 2 years. I believe we would submit the K3 visa application, and wewould have to go to the US embassy in China and apply.I hope there is a way I can get her here sooner than that.If someone is familiar with the procedure, and mostly how to possiblyget her here sooner, that would be very nice.Would it possibly be better if we were to get married in the US? Much thanks.Keith209606[/snapback]Welcome to CFL. You've come to the right place. Your SO is correct when she estimates 8 to 10 months. That is the normal time frame for a K3 visa, as long as there are no hitches or only minor ones. It is also true that it could take two years. Conventional wisdom says that the K1 visa for a fiance can get her here 1 or 2 months quicker but there is no guarantee. I advise you to give serious consideration to personal and family issues as well as the time factor. You've got lots of research to do, priorities to set and preparation to make, so it's good you've come here BEFORE going to China. I'd start by reading the FAQ and everything else you see as interesting and then com back with specific questions. If you haven't already done so, start getting your own paperwork in order. You'll need certified copies of divorce decree(s) if applicable, certified copies of your birth certificate and, of course, a passport and a visa to enter China. Unless you are planning to stay in China for the duration of the visa process, you will actually be filing your petitions with a US service center of USCIS. Later the National Visa Center will forward your petition to Guangzhou to complete the final steps of the process. Edited April 24, 2006 by pushbrk (see edit history) Link to comment
nygatl15 Posted April 24, 2006 Report Share Posted April 24, 2006 (edited) hello,I am new to this group. I hope someone here has some information andcan help direct me a little.I have a girlfriend in China, who I am considering marrying in Chinawithin the next two months. I would like to know how long it would taketo get her here legally. She does not have a visa. She told me it wouldtake from 8 to 10 months for her to get the visa after we would bemarried. Now, I hear, it could actually take up to 2 years. I believe we would submit the K3 visa application, and wewould have to go to the US embassy in China and apply.I hope there is a way I can get her here sooner than that.If someone is familiar with the procedure, and mostly how to possiblyget her here sooner, that would be very nice.Would it possibly be better if we were to get married in the US? Much thanks.Keith209606[/snapback]Welcome to CFL. You've come to the right place. Your SO is correct when she estimates 8 to 10 months. That is the normal time frame for a K3 visa, as long as there are no hitches or only minor ones. It is also true that it could take two years. Conventional wisdom says that the K1 visa for a fiance can get her here 1 or 2 months quicker but there is no guarantee. I advise you to give serious consideration to personal and family issues as well as the time factor. You've got lots of research to do, priorities to set and preparation to make, so it's good you've come here BEFORE going to China. I'd start by reading the FAQ and everything else you see as interesting and then com back with specific questions. If you haven't already done so, start getting your own paperwork in order. You'll need certified copies of divorce decree(s) if applicable, certified copies of your birth certificate and, of course, a passport and a visa to enter China. Unless you are planning to stay in China for the duration of the visa process, you will actually be filing your petitions with a US service center of USCIS. Later the National Visa Center will forward your petition to Guangzhou to complete the final steps of the process.209610[/snapback]Welcome to CFL,I agree the K3 seems to be the fastest way to go, but it is also a little more costlier, which you will find out in your research. More costly because, you will have to file the I-130, before you can file for the K3. You can file the I-130 without the K3, but I beleive it takes more time... maybe 4 or 5 months extra or more, it is less costly just the same. I think this is the way I will go in a few months when I plan to marry in June, the I-130 that is....Below are some links to get you started. http://www.kamya.com/misc/links.html K1/K1+K2 Flow Charthttp://www.laogonglaopo.com/001files/China...art_EN_Rels.htm America CR1/CR2/IR1/IR2 Flow Charthttp://www.laogonglaopo.com/001files/Ameri...art_EN_Rels.htm DCF Visa Flow Chart http://www.laogonglaopo.com/001files/China...art_EN_Rels.htm K3/K3+K4 Flow Chart http://www.laogonglaopo.com/001files/K3_Fl...art_EN_Rels.htm Edited April 24, 2006 by nygatl15 (see edit history) Link to comment
tonado Posted April 24, 2006 Report Share Posted April 24, 2006 hello,I am new to this group. I hope someone here has some information andcan help direct me a little.I have a girlfriend in China, who I am considering marrying in Chinawithin the next two months. I would like to know how long it would taketo get her here legally. She does not have a visa. She told me it wouldtake from 8 to 10 months for her to get the visa after we would bemarried. Now, I hear, it could actually take up to 2 years. I believe we would submit the K3 visa application, and wewould have to go to the US embassy in China and apply.I hope there is a way I can get her here sooner than that.If someone is familiar with the procedure, and mostly how to possiblyget her here sooner, that would be very nice.Would it possibly be better if we were to get married in the US? Much thanks.Keith209606[/snapback]Welcome to CFL. You've come to the right place. Your SO is correct when she estimates 8 to 10 months. That is the normal time frame for a K3 visa, as long as there are no hitches or only minor ones. It is also true that it could take two years. Conventional wisdom says that the K1 visa for a fiance can get her here 1 or 2 months quicker but there is no guarantee. I advise you to give serious consideration to personal and family issues as well as the time factor. You've got lots of research to do, priorities to set and preparation to make, so it's good you've come here BEFORE going to China. I'd start by reading the FAQ and everything else you see as interesting and then com back with specific questions. If you haven't already done so, start getting your own paperwork in order. You'll need certified copies of divorce decree(s) if applicable, certified copies of your birth certificate and, of course, a passport and a visa to enter China. Unless you are planning to stay in China for the duration of the visa process, you will actually be filing your petitions with a US service center of USCIS. Later the National Visa Center will forward your petition to Guangzhou to complete the final steps of the process.209610[/snapback]Welcome to CFL,I agree the K3 seems to be the fastest way to go, but it is also a little more costlier, which you will find out in your research. More costly because, you will have to file the I-130, before you can file for the K3. You can file the I-130 without the K3, but I beleive it takes more time... maybe 4 or 5 months extra or more, it is less costly just the same. I think this is the way I will go in a few months when I plan to marry in June, the I-130 that is....Below are some links to get you started. http://www.kamya.com/misc/links.html K1/K1+K2 Flow Charthttp://www.laogonglaopo.com/001files/China...art_EN_Rels.htm America CR1/CR2/IR1/IR2 Flow Charthttp://www.laogonglaopo.com/001files/Ameri...art_EN_Rels.htm DCF Visa Flow Chart http://www.laogonglaopo.com/001files/China...art_EN_Rels.htm K3/K3+K4 Flow Chart http://www.laogonglaopo.com/001files/K3_Fl...art_EN_Rels.htm209613[/snapback]The links don't work. Link to comment
tonado Posted April 24, 2006 Report Share Posted April 24, 2006 (edited) http://candleforlove.com/FAQ/CFL_FAQ_Visas_Final1.htm http://www.visajourney.com/faq/k1faq.htm Edited April 24, 2006 by tonado (see edit history) Link to comment
shyaushu Posted April 24, 2006 Report Share Posted April 24, 2006 I believe our friend "pushbark" provided a pretty good synopsis. The order of priorities is probably best being: 1. Make certain marriage (in China or the US) is the best thing for the two of you. There's no sense rushing this thing if you're not certain. Either way, the visa stipulations are a significant change from the thing we are most used to, and spouses who have obtained a CR-1 visa and filed an Affadivit of Support become finiancially obligated to their spouse basically forever (if they stay in the US). Even divorce will not end that obligation, theoretically. 2. Settle in for something approaching a year, whatever path you chose. 3. Be patient, truthful and careful in completing forms. "Getting something off" the day you receive it may not be the best strategy, and completing it carefully, withour errors, will be much quicker in the long run. Good luck. Link to comment
Chad Posted April 24, 2006 Report Share Posted April 24, 2006 You have definately come to the right place. I wish I had found this site before my first trip to china. As was mentioned make sure which way you want to go. Fiance or CR-1 (marry in china) visa. I did the CR1, married jan of 05 and my wife's interview is next month, May 06. 17 months and I also filed for K3. My problem was the CR-1 went through so fast it caught the K3 and canceled it. Read the FAQ's and bring all the forms with you so you dont have to waste time mailing forms back and forth, like me! D'oh! I lost almost 2 months sending and waiting for forms to come back from my wife, which was all my fault. Link to comment
palmkeith Posted April 25, 2006 Author Report Share Posted April 25, 2006 You have definately come to the right place. I wish I had found this site before my first trip to china. As was mentioned make sure which way you want to go. Fiance or CR-1 (marry in china) visa. I did the CR1, married jan of 05 and my wife's interview is next month, May 06. 17 months and I also filed for K3. My problem was the CR-1 went through so fast it caught the K3 and canceled it. Read the FAQ's and bring all the forms with you so you dont have to waste time mailing forms back and forth, like me! D'oh! I lost almost 2 months sending and waiting for forms to come back from my wife, which was all my fault.209701[/snapback] Thank you, everyone, for your information!Sincerely, Keith Link to comment
SirLancelot Posted April 25, 2006 Report Share Posted April 25, 2006 Either way, the visa stipulations are a significant change from the thing we are most used to, and spouses who have obtained a CR-1 visa and filed an Affadivit of Support become finiancially obligated to their spouse basically forever (if they stay in the US). Even divorce will not end that obligation, theoretically.209653[/snapback]Hi, I do not believe this point is correct. I remember specifically reading that once your spouse becomes a US citizen that you are no longer responsible for that spouses financial support. Even if there's no divorce, she can get public benefits if you two are poor enough. No where does it say you're liable for her finances forever. When she becomes a US citizens, she's entitled to the full responsiblities and glories of being a US citizens and that includes welfare benefits. Link to comment
MikeandRong Posted April 25, 2006 Report Share Posted April 25, 2006 Overview The I-864 Affidavit of Support is a contract between a sponsor and the applicant that is required for some immigrant visas. In this contract the sponsor agrees to provide financial support for the applicant until he/she becomes an American citizen or can be credited with 40 quarters of work (usually ten years). The sponsor must show that he/she has income equal to or greater than 125 percent of the federal poverty guidelines for his/her household size. The legal basis for the I-864 Affidavit of Support is Section 213A of the Immigration and Nationality Act (INA). http://travel.state.gov/visa/immigrants/in...nfo_1328.html#1 Link to comment
david_dawei Posted April 25, 2006 Report Share Posted April 25, 2006 Duration of Financial Obligation Under the I-864 The obligation of the sponsor to a sponsored alien continues until the sponsored immigrant: 1) naturalizes;2) has worked or can be credited with 40 qualifying quarters of work;3) ceases to hold the status of an alien lawfully admitted for permanent residence and departs the United States; or,4) dies. As Don once said about this.. "there's no way to retract it", once filed and accepted.. one of the above conditions must be meet for the sponsorship to cease to exist... Link to comment
Guest pushbrk Posted April 25, 2006 Report Share Posted April 25, 2006 Either way, the visa stipulations are a significant change from the thing we are most used to, and spouses who have obtained a CR-1 visa and filed an Affadivit of Support become finiancially obligated to their spouse basically forever (if they stay in the US). Even divorce will not end that obligation, theoretically.209653[/snapback]Hi, I do not believe this point is correct. I remember specifically reading that once your spouse becomes a US citizen that you are no longer responsible for that spouses financial support. Even if there's no divorce, she can get public benefits if you two are poor enough. No where does it say you're liable for her finances forever. When she becomes a US citizens, she's entitled to the full responsiblities and glories of being a US citizens and that includes welfare benefits.209944[/snapback]You are correct. Once your spouse becomes a US Citizen (Naturalizes) your legal obligation under the I-864 is terminated. Link to comment
nygatl15 Posted April 26, 2006 Report Share Posted April 26, 2006 How long does it take to become a U.S. Citizen? Link to comment
LeeFisher3 Posted April 26, 2006 Report Share Posted April 26, 2006 How long does it take to become a U.S. Citizen?210000[/snapback]A spouse of a USC can apply for Naturalization 3 years from first receiving LPR status. You might want to check out the USCIS for the details, especially the substantial presence test. Link to comment
palmkeith Posted April 27, 2006 Author Report Share Posted April 27, 2006 Either way, the visa stipulations are a significant change from the thing we are most used to, and spouses who have obtained a CR-1 visa and filed an Affadivit of Support become finiancially obligated to their spouse basically forever (if they stay in the US). Even divorce will not end that obligation, theoretically.209653[/snapback]Hi, I do not believe this point is correct. I remember specifically reading that once your spouse becomes a US citizen that you are no longer responsible for that spouses financial support. Even if there's no divorce, she can get public benefits if you two are poor enough. No where does it say you're liable for her finances forever. When she becomes a US citizens, she's entitled to the full responsiblities and glories of being a US citizens and that includes welfare benefits.209944[/snapback]You are correct. Once your spouse becomes a US Citizen (Naturalizes) your legal obligation under the I-864 is terminated.209992[/snapback] Is it necessary to sign an affidavit of support if you apply for the fiance visa? If a couple breaks up before visa approval, is the AOS still binding? Link to comment
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