I-134 Expats without american work history

[ShanghaiFred]

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.

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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...

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Your wait time really depends on whether you meet the Direct Consular Filing requirements. Which depends on the type of visa that you have in China. You need to get on your nearest consulate's website and check out what their requirements are to accept the paperwork...they are really picky about meeting this requirement. I have been staying in China with my wife as well waiting during the visa process. I was unable to do DCF because I only have 6-month China visas, so the consulate would not file her visa application.

 

Bottome line is though, if you can meet their requirement, DCF is way faster. Not to mention since you are planning on staying in China, you don't have to keep sending paperwork back and forth between China and the US....let me tell you it is a huge hassle.

[david_dawei]

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?

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Yes, you can have a joint sponsor for the I-134; they fill one out as well... Only need to provide one year of taxes; but prepare three years if you think it ensure the financial picture (most of the time, they only ask to see one year if any).

[david_dawei]

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

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If you file in china, it's a CR1 (not K3)....

 

For gaining entry to the US, the DCF should still beat a k1 at VSC.. even if you had some sort of slow down with the DCF, once issued you don't adjust status at all.

 

A K1 must still do this. This can take up to a year in some areas... your not approved to work nor travel, etc.. must apply for all that...

 

K1 just doesn't make much sense from what I hear so far...

[mrtaran]

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

232213[/snapback]

If you file in china, it's a CR1 (not K3)....

 

For gaining entry to the US, the DCF should still beat a k1 at VSC.. even if you had some sort of slow down with the DCF, once issued you don't adjust status at all.

 

A K1 must still do this. This can take up to a year in some areas... your not approved to work nor travel, etc.. must apply for all that...

 

K1 just doesn't make much sense from what I hear so far...

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so the K1 doesnt let you go to to USA to marry

and once married, she is american with american rights (like the right to work on a boat with her laogong flipping burgers in the sea, hehe)?

 

is there a long process time or?

[Randy W]

To clarify some of the terminology - K1 is filed in the US to bring an alien fiance to this country. When the visa is used, she will have 90 days to get married in the US. A CR1 is filed (in the US or at a consulate or embassy abroad) for a wife. DCF (direct consular filing) is the term used when the CR1 is filed at the embassy or consulate. If a CR1 is filed in the states, you may also file a K3, which may be processed quicker. The DCF is almost always the quickest.

[Guest pushbrk]

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

232213[/snapback]

If you file in china, it's a CR1 (not K3)....

 

For gaining entry to the US, the DCF should still beat a k1 at VSC.. even if you had some sort of slow down with the DCF, once issued you don't adjust status at all.

 

A K1 must still do this. This can take up to a year in some areas... your not approved to work nor travel, etc.. must apply for all that...

 

K1 just doesn't make much sense from what I hear so far...

232218[/snapback]

so the K1 doesnt let you go to to USA to marry

and once married, she is american with american rights (like the right to work on a boat with her laogong flipping burgers in the sea, hehe)?

 

is there a long process time or?

232219[/snapback]

A person does not "become an American" by marriage to an American. They simply become the spouse of an American. Each "right" or set of "rights" has a corresponding "immigration" process associated with it.

 

The most efficient way to obtain the right to come to the USA and work, as your wife is for you to marry in China, file for a CR1 visa IN China (DCF) and then arrive here as a CR1 couple. In very short order, she will have a green card and all the work rights of a US permanent resident. She will, however, still travel on a Chinese Passport, so as a cruise ship passenger or employee, she will need to meet any travel requirements imposed by other countries for Chinese passport holders. Those requirements are often different than for US passport holders.

 

It will take a minimum of 3 years of US permanent residency for your wife to become a US Citizen. At that point she is no longer a Chinese Citizen. China does not recognize dual citizenship.

[warpedbored]

First thing you need to do is determine what type of visa you have to live in China. If you have a resident visa that allows you to legally live and work in China then you can file a DCF. This would be your best option if you want her to be able to work and travel in the US. If you don't have a visa that allows a DCF you will need to file a K-1 or an I-130 (if you marry in China) As David mentioned the I-130 will yield a CR-1 visa which also would automatically adjust her status upon entry to the US. You can file a K-3 in conjunction with the I-130 which would most likely speed up the process about 3 months but she would need to adjust status after entering the country. This could take a year or more but a K-3 is a multiple entry visa. She could get an EAD that would allow her to work in the meantime.

 

Second thing is unless you are making an extra ordinary income in China you probably won't qualify for the miniumum income requirements. Thus you will need a co-sponsor.

 

One thing you will need to check into as far as your plan to work a cruise ship is the visa requirements for the countries the ship goes to. There may be issues with a Chinese national being able to enter these countries. Check with the cruise line to find out.