I-134 Expats without american work history

[mrtaran]

Hi Guys (Girls). I read plenty of websites and this forum is great.

 

It looks like my scenario may be somewhat different than yours.

 

I am an American expat in Shanghai. I moved to China at 16 (7 years ago). I have a girlfriend and we want to get married, however this I-134 is freaking me out. It makes me feel that I need to have a history of working in America or earning an American standard salary. I feel this really too much pressure as I imagined I had some sort of personal freedom to marry who I want and when I want (over 18). Was I just pretending Americans had rights like that? I wouldnt know..

 

My GF and I are planning to marry and go to America to work for a year to pay for college, then go to college together before finding stable work in a career we are interested in. She has 2yrs experience as an international flight attendant, I have 7yrs overall work experience have done business in China in textile and also have experience in IT, we both have ability to find work in America before we get there, although our real plan is to work on a cruise ship the first year.. (maybe sounds strange but it seems to makes sense)

 

I read that I can get a co-sponsor to fix this problem? like my dad in america, but i would really prefer a way that doesnt involve begging family members for money/etc

 

Does anyone have a similar situation, especially regarding the I-134?

 

Are there any suggestions or comments for what I talked about?

 

thanks in advance for any responses!!

 

JC

Edited July 19, 2006 by mrtaran (see edit history)

[Randy W]

Has she looked into the possibility of getting a student visa?

[mrtaran]

Has she looked into the possibility of getting a student visa?

232084[/snapback]

we want to work in america before we study.. also student visas are pretty limited from what ive seen

[david_dawei]

I-864 (final rule):

http://candleforlove.com/forums/index.php?showtopic=19231

 

Excerpt below.. see full write-up:

 

- Domicile:

 

"The final rule does provide in section 213a.2?1)(ii) a single exception, under which a sponsor who is not domiciled in the United States (i.e., cannot show his or her residence abroad has been only temporary) may submit a Form I-864.

 

The sponsor may do so only if the sponsor establishes, by a preponderance of the evidence, that the sponsor will have established his or her domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

 

The intending immigrant will, however, be inadmissible as an alien likely to become a public charge if the sponsor has not actually become domiciled in the United States by the date of the decision on the intending immigrant's application for admission or adjustment of status.

 

Thus, the sponsor must arrive in the United States before, or at the same time as, the intending immigrant, and the sponsor must intend to establish his or her domicile in the United States."

Edited July 19, 2006 by DavidZixuan (see edit history)

[mrtaran]

I-864 (final rule):

http://candleforlove.com/forums/index.php?showtopic=19231

 

Excerpt below.. see full write-up:

 

- Domicile:

 

"The final rule does provide in section 213a.2?1)(ii) a single exception, under which a sponsor who is not domiciled in the United States (i.e., cannot show his or her residence abroad has been only temporary) may submit a Form I-864.

 

The sponsor may do so only if the sponsor establishes, by a preponderance of the evidence, that the sponsor will have established his or her domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status.

 

The intending immigrant will, however, be inadmissible as an alien likely to become a public charge if the sponsor has not actually become domiciled in the United States by the date of the decision on the intending immigrant's application for admission or adjustment of status.

 

Thus, the sponsor must arrive in the United States before, or at the same time as, the intending immigrant, and the sponsor must intend to establish his or her domicile in the United States."

232136[/snapback]

domicile is surprising also...

can i also use my co-sponsor's house (dad) as my abode in america?

 

is the k-1 interview the time at which they confirm both support and permanent residence resulting in approval/denial.. or earlier?

 

our plan to work together as waiters in a ship for a year before studying to pay for our expenses, etc... is this situation common for denial?

 

has anyone dealt with a similiar situation?... american with wife go back to work together or study together etc

Edited July 20, 2006 by mrtaran (see edit history)

[david_dawei]

I'm a little confused due to a mixture of "planning to marry and go to america" (sounds like you want to marry first, then go to US) vs mention of a K1 and the I-134 (which are for a fiancee visa).

 

Don mentioned filing in china; this assumes you get married in china and file there (instead of filing state-side)...

 

can you just state in chronological order what you want to do in terms when to marry vs when to go to US? How soon after did you want to work and is this for a US company?

 

To answer your question: All visa interviews are where they verify financials and docimile.

 

remember: petitioning for a alien [spouse or fiancee] to get a visa implies immigration intent to the US. You'll want to be careful if your plans are to truly be outside the country as part of the work or study.

 

In response to an earlier comment: Getting a joint sponsor does not mean you are begging anyone for money. They are not obligated to give you money. They are only obligated to ensure that the beneficiary does not become a "public charge" to the US government... You can have a sponsor and they never truly do anything for you; but the government wants assurances...

Edited July 20, 2006 by DavidZixuan (see edit history)

[mrtaran]

I'm a little confused due to a mixture of "planning to marry and go to america"  (sounds like you want to marry first, then go to US) vs mention of a K1 and the I-134  (which are for a fiancee visa).

 

Don mentioned filing in china; this assumes you get married in china and file there (instead of filing state-side)...

 

can you just state in chronological order what you want to do in terms when to marry vs when to go to US?    How soon after did you want to work and is this for a US company?

 

To answer your question:  All visa interviews are where they verify financials and docimile.

 

remember: petitioning for a alien [spouse or fiancee] to get a visa implies immigration intent to the US.  You'll want to be careful if your plans are to truly be outside the country as part of the work or study.

 

In response to an earlier comment:  Getting a joint sponsor does not mean you are begging anyone for money.  They are not obligated to give you money.  They are only obligated to ensure that the beneficiary does not become a "public charge" to the US government... You can have a sponsor and they never truly do anything for you; but the government wants assurances...

232175[/snapback]

Sorry I didnt write clearly. We would like to get the K1 Fiance Visa, to fly back to USA and marry. My GF read it takes 1yr for the k1 visa to finish and 2 yrs for the k3 visa to finish.

 

We are planning on finding/confirming cruise-liner jobs before flying there, and starting work somewhat immediately as it would be convenient living wise

 

anything else i can clarify about our plan? thanks!

 

Jordan

[david_dawei]

ok.. I think a little more will help some give some advice...

 

- To do K1, you must file state-side.. what's your dad's home state?

 

- one item not clear is your timeframe you want to work within... I'll use the job as the reference point: What is the best case and acceptable case for when to start working?

 

- Also; going back to don's comment: Any reason NOT to marry in china, file in china ? (must have work permit or residency I believe)

 

There are very strong reasons to consider this; One is time; it is fast (faster than K1); second, she would enter the country with permanent residency, can travel and work ;(as a K1, you must go through an 'adjustment of status' process and you'll need to be available to go to two appointments; also, as a K1, she'll need to get work authorization done)

Edited July 20, 2006 by DavidZixuan (see edit history)

[mrtaran]

ok..  I think a little more will help some give some advice...

 

- To do K1, you must file state-side.. what's your dad's home state?

 

- one item not clear is your timeframe you want to work within...  I'll use the job as the reference point: What is the best case and acceptable case for when to start working?

 

- Also;  going back to don's comment: Any reason NOT to marry in china, file in china ?    (must have work permit or residency I believe)

 

There are very strong reasons to consider this;  One is time; it is fast (faster than K1); second, she would enter the country with permanent residency, can travel and work ;(as a K1, you must go through an 'adjustment of status' process and you'll need to be available to go to two appointments; also, as a K1, she'll need to get work authorization done)

232191[/snapback]

Dad's home state

My dad's (and my previous) residency is in Pennsylvania.

 

Timeframe

maybe i really dont understand but i thought i mentioned we would confirm our jobs before entering USA...

acceptable time before getting a job, i would interpret as how long can we live without a job ever coming through.. i would approx about 3 months

 

 

K1 VS K3

From what my GF told me she read from the chinese BBS's, K1 takes 1yr to get and K3 gets 2 yrs to get. If you are saying that marrying in China and applying that way is faster, we would definitely choose that option.

 

thanks again!

Jordan

[Guest pushbrk]

ok..  I think a little more will help some give some advice...

 

- To do K1, you must file state-side.. what's your dad's home state?

 

- one item not clear is your timeframe you want to work within...  I'll use the job as the reference point: What is the best case and acceptable case for when to start working?

 

- Also;  going back to don's comment: Any reason NOT to marry in china, file in china ?    (must have work permit or residency I believe)

 

There are very strong reasons to consider this;  One is time; it is fast (faster than K1); second, she would enter the country with permanent residency, can travel and work ;(as a K1, you must go through an 'adjustment of status' process and you'll need to be available to go to two appointments; also, as a K1, she'll need to get work authorization done)

232191[/snapback]

Dad's home state

My dad's (and my previous) residency is in Pennsylvania.

 

Timeframe

maybe i really dont understand but i thought i mentioned we would confirm our jobs before entering USA...

acceptable time before getting a job, i would interpret as how long can we live without a job ever coming through.. i would approx about 3 months

 

 

K1 VS K3

From what my GF told me she read from the chinese BBS's, K1 takes 1yr to get and K3 gets 2 yrs to get. If you are saying that marrying in China and applying that way is faster, we would definitely choose that option.

 

thanks again!

Jordan

232195[/snapback]

How much longer do you plan to STAY in China?

[david_dawei]

- PA as your residency would put a state-side filing to Vermont Service Center (VSC), which happens to be the fastest of the four centers; you can expect a K1 to take about 7-9 months. (There are some new laws in effect--affecting K1 and K3--which have backlogged the centers, but hopefully my range will still apply). A CR1 could finish at VSC in 12-14 months; A K3 maybe 9-12...

 

- by timeframe I meant did you have a date you want to start working.. as a critical issue.. if it's flexible to the rest of the plans, then I can drop any idea of "backing into that date"...

 

- If you file for a fiancee, this is a K1. If you file for a spouse, this is considered a CR1. As an option, after filing the CR1, you can file for a K3 which allows the alien spouse to enter the US (in the case that the K3 finishes it's processing first.. often it does, but with the new laws, hard to know what slowdown will occur).

 

if you process as a CR1 (whether in the US or china) she has the benefits I mentioned.. As a K1 or K3, she must adjust status, and this is a bit of a pain to do... so you might seriously consider a CR1 option.

 

---

 

Marrying and filing in china:

 

See the document call DCF & HK FAQ:

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

 

DCF is non-official and short for "direct consulate filing"; means you are filing at abroad [at a consulate] for a CR1 visa.

 

You can read up in the doc on requirements to file, how to get married, sample timelines, what to expect at different stages, interview questions, etc... Some have finished in 6 months, others as long as 10 months. Not sure if you can hand deliver the petition to Beijing, but would be worth it if you want to expedite as much as possible.. it will go from any consulate to the Embassy in BJ and then down to Guangzhou for the interview (only she can attend the face-to-face; you have to wait outside for her)...

Edited July 20, 2006 by DavidZixuan (see edit history)

[mrtaran]

ok..  I think a little more will help some give some advice...

 

- To do K1, you must file state-side.. what's your dad's home state?

 

- one item not clear is your timeframe you want to work within...  I'll use the job as the reference point: What is the best case and acceptable case for when to start working?

 

- Also;  going back to don's comment: Any reason NOT to marry in china, file in china ?    (must have work permit or residency I believe)

 

There are very strong reasons to consider this;  One is time; it is fast (faster than K1); second, she would enter the country with permanent residency, can travel and work ;(as a K1, you must go through an 'adjustment of status' process and you'll need to be available to go to two appointments; also, as a K1, she'll need to get work authorization done)

232191[/snapback]

Dad's home state

My dad's (and my previous) residency is in Pennsylvania.

 

Timeframe

maybe i really dont understand but i thought i mentioned we would confirm our jobs before entering USA...

acceptable time before getting a job, i would interpret as how long can we live without a job ever coming through.. i would approx about 3 months

 

 

K1 VS K3

From what my GF told me she read from the chinese BBS's, K1 takes 1yr to get and K3 gets 2 yrs to get. If you are saying that marrying in China and applying that way is faster, we would definitely choose that option.

 

thanks again!

Jordan

232195[/snapback]

How much longer do you plan to STAY in China?

232196[/snapback]

How long will I stay in China?

I plan to stay in China as long we don't have a visa. We have the ability and the intention to go to America as soon as possible.

 

Prior to flying to America, we plan on confirming middle-level service jobs on a cruise ship which would cover our living expenses.

 

We plan to study in college together after atleast a year of work. College will take 4 years to get a masters (she has 2 years already), and i will get a BA with the 4 years... if we both study hard

 

did that answer your question or completely off the radar?

[Randy W]

K-1 is a single-entry visa - she would not be able to leave and re-enter (I'm thinking of the cruise ship here).

 

Back to the student visa idea - most of the Chinese people at work came here on student visas to go to graduate scholl. This (the student visa) might be easier if she has a bachelor's degree (although they are pre- 9-11 for the most part.

 

I think (get married in China) the DCF is your best option, if you can do it.

[ShanghaiFred]

I have a question about the I-134 as well. Unlike the I-864 which specifically mentions the words "joint sponsor" the I-134 does not. Why is this?

 

According to my understanding though it is possible to fill out one I-134 by the petitioner and one by the another sponsor (who would be co-sponsor), both with 3-years of federal income taxes. Does this sound right? Having a co-sponsor for I-134 is allowed, if the petitioner does not meet the minimum income requirements?

[mrtaran]

K-1 is a single-entry visa - she would not be able to leave and re-enter (I'm thinking of the cruise ship here).

 

Back to the student visa idea - most of the Chinese people at work came here on student visas to go to graduate scholl. This (the student visa) might be easier if she has a bachelor's degree (although they are pre- 9-11 for the most part.

 

I think (get married in China) the DCF is your best option, if you can do it.

232209[/snapback]

 

You make a good point about the K1, I wasnt aware its a single entry.. im guessing it doesnt immediatel get a permanent status?

 

Whats the general wait time difference for K1 and getting married in china (k3?). What troubles do you think i would have with it?

 

As far as I know, the documents the chinese government needs, are not difficult to get by my gf, and my certificate of ability to marry can be notarized in the embassy...

Edited July 20, 2006 by mrtaran (see edit history)