Nick and Ran 's story and need help !

[Nick&Ran]

It's really exciting to find this website. We are new to this website and we

need some suggestions for our case here.

 

I came from China and went to school here in US where I have been for the

past 4 years. I met my fiance Nick in school. I am currently holding an F-1

VISA and he is an american citizen. Both of us will graduate in August and

we plan to go back to China to work in the late August at this point. While

I have a job lined up, he is still looking and will hopefully have a job

before we go to China in late August. He plans to come to China at the end

of August with or without a job, he feels it would be much easier to find a

job there while living there.

 

We are already engaged and plan to get married this year. We will come back

to America eventually after 1-2 years working in China. We are wondering

will it make difference if we get the marriage certificate here in US before

we leave or get it in China? Once we decide to come back to US, shall I

apply for K-3 VISA or DCF? How long does each take? What kinda of VISA does

my fiance need to go in China?

 

We are trying to plan the best course for our futures and careers and still

feel that going to Shanghai will be both fun while we're young and a big

boost to our careers, we just want to make sure that going there first won't

cause any problems for our future here in America.

 

 

Thanks for any response and we are looking forward to make more friends

here.

[warpedbored]

Welcome to CFL. You could get married and adjust status here but you most likely woudn't be able to leave the country and return until the process was completed. Likely around 6 months. You could still get married here and file the I-130 while you are in China. If you return to China and marry there then you will also need to file an I-130. If he has a Chinese visa that allows him to live and work in China then you could do a direct consular filing. This is usually the fastest option. If he is there on a tourist visa then you will have to file stateside which will take you 12--14 months. If his income isn't 125% of the federal poverty guidelines then you will need a co-sponsor. If you do have to file stateside you can also file an I-129F for a K-3 visa but if you are planning on living in China for 2 years I wouldn't bother. The CR-1 visa derived from the I-130 gives you better options.

[Joanne]

Welcome!

 

I think it is easier to get married in US and also, you will need one less document to translate and notarize later for the immigration filing. Since you will leave in August for Shanghai, you will not have enough time to adjust your status before you go. Then you will have to apply for your immigration visa (CR1/IR1) in China when you are ready to come back to the States. Whether or not DCF depends on what type of Chinese visa your SO will hold in future. Since you are planning ahead, it makes no difference.

 

Be aware that it is very likely that next time you visit US, you will have to use an immigrant visa. It is extremely difficult to get a visitor visa after you marry/are engaged to a USC.

 

It is a good idea to spend two years in China together. We did it (for over 7 years) and enjoyed our time there. However, while this experience by itself should not cause your future problems, it is probably not the most direct route to your future career success.

 

It is the best (paycheck-wise) that your SO find a job in US which will send him to China. If he hasn't find a job before going to Shanghai, he can apply for a tourist visa. Later change visa after he find a job (then possibly he has to go to HK to get the new visa. It all depends on the circumstances). I have heard of spousal visa and heard it is easy to get, but have no direct experience with it. If earning an income is not a major concern, he can attend school there. It would be fun for him to be a student and work part-time. IMO, his China experience will benefit him best if he learns/improves his Chinese. A part-time teaching job can provide enough to live comfortably in Shanghai if not wanting an extravagant lifestyle .

 

So much for now for you to start with. Good luck!

[change2marrow]

It's really exciting to find this website. We are new to this website and we

need some suggestions for our case here.

 

I came from China and went to school here in US where I have been for the

past 4 years. I met my fiance Nick in school. I am currently holding an F-1

VISA and he is an american citizen. Both of us will graduate in August and

we plan to go back to China to work in the late August at this point. While

I have a job lined up, he is still looking and will hopefully have a job

before we go to China in late August. He plans to come to China at the end

of August with or without a job, he feels it would be much easier to find a

job there while living there.

 

We are already engaged and plan to get married this year. We will come back

to America eventually after 1-2 years working in China. We are wondering

will it make difference if we get the marriage certificate here in US before

we leave or get it in China? Once we decide to come back to US, shall I

apply for K-3 VISA or DCF? How long does each take? What kinda of VISA does

my fiance need to go in China?

 

We are trying to plan the best course for our futures and careers and still

feel that going to Shanghai will be both fun while we're young and a big

boost to our careers, we just want to make sure that going there first won't

cause any problems for our future here in America.

 

 

Thanks for any response and we are looking forward to make more friends

here.

225512[/snapback]

I can try to help and answer a few of your questions, but things like "shall I apply for K-3 VISA or DCF? How long does each take?", can change between now and when your ready to immigrate to the US. But this is a great site to learn and ask questions.

 

As for what kinda of VISA your fiance needs to go to China, if he wants to work then he will need either a "Z" or "F" visa. For general travel, he will need a "L" visa. And if you are married, he can have a marriage visa which is good for 1 year for living purposes only. You can go to www.china-embassy.org for more updated info. I wrote this in a different post about the work visa.

The law has changed since then about coming over on a "L" visa and changing it to a "Z" work visa. You are no longer allowed to change the status of a travel visa into a work visa. Now, you have to have an invitation letter and form from the employer when applying for a visa to go to China.

So, if your fiance wants to work in China, he will need a letter of invitation and the proper forms that should be sent to him by his future employer when applying for a work visa. It also depends on what kind of job he wants too. It can be difficult to work with a foreign company, unless he has some kind of hard skill to offer. Sometimes foreign companies can work out the visa issue without much hassel. In that case it would be best to get in contact with a American or foreign company prior to going to China. If he just want to teach English, then that won't be hard to find.

 

Good luck and hope this helped you a little.

[frank1538]

F-1 visa related matters are a bit foreign to me but one option you might consider is marriage in the US, followed by a simultaneous filing of the I-130 and the I-485 to adjust your status to legal permanent. Whether this is a real and/or good option should be determined only after consultation with an experienced immigration lawyer, but I understand that it is possible.

 

Among the many issues that you will have to address are:

 

1. Must you be in valid F-1 status to file the I-130/I-485?

2. Does the F-1 status remain valid after filing?

3. Is your F-1 visa a multi entry visa?

4. Will you be able to travel after filing without advance parole?

5. How do your plans square with all of this?

 

You may be in a unique position vis-a-vis the CFL membership. You're already here legally. This might give you a real leg up on the process.

[Randy W]

What I've heard about F-1 visas is that you can stay one year after graduation. Most people spend the time to get a job at a company willing to sponsor the green card. I believe that the year would allow you to get married, and file the I-130 and I-485 like Frank suggests (AFTER consultation with an immigration attorney, like Frank suggests).

 

No - the people I know who had F-1's were not allowed to go home, except (pre-9/11) to get a re-entry permit for a trip to Mexico, and from there go home to China and re-enter through Mexico.

 

So the option here is to stay through AOS, either by marriage (I-130 and I-485), or by employment.

 

Good luck

[Nick&Ran]

What I've heard about F-1 visas is that you can stay one year after graduation. Most people spend the time to get a job at a company willing to sponsor the green card. I believe that the year would allow you to get married, and file the I-130 and I-485 like Frank suggests (AFTER consultation with an immigration attorney, like Frank suggests).

 

No - the people I know who had F-1's were not allowed to go home, except (pre-9/11) to get a re-entry permit for a trip to Mexico, and from there go home to China and re-enter through Mexico.

 

So the option here is to stay through AOS, either by marriage (I-130 and I-485), or by employment.

 

Good luck

225533[/snapback]

Thanks for all your response, we really appreciate that.