Our Visa and Marriage Discussion...

[clayton2103]

Wen Li's desire for our marriage in China has been easily accepted by myself. Our wedding will take place in her hometown of Nanning.

 

Wen Li's understanding of our option of a K-1 or K-3 visa is still pending. I have tried in numerous ways to explain to her of the difference between the two visa's. I have sent her all posted details on both also.

 

She hopes that we will go the K-3 route. She writes of having our wedding in China and saying good-bye to her family and friends as we depart for the US together just after the wedding.

 

I have tried to explain this is not possible with the K-3 visa process.

 

With all that I have studied and learned here on CFL, we cannot begin to file for a K-3 until the marriage is completed. Our marriage is, at this time, many months in the future and once married she will have to remain in China until this visa process is complete and she has a visa in hand. Only then will she be able to join with me here in our new home in the USA.

Correct?

 

Here are my thoughts to accomplish what she writes of and what we both now dream of:

 

My first visit with Wen Li will be in the last few days of December '06 in Nanning. If we find true love during this visit, as we now have found through our spoken and written words, we will discuss our future in a more personal setting.

When I return to the US after my first visit, I will begin the process and file for a K-1 visa.

 

I then plan to return to China in April or Early May '07. At this time we will have a proper and romantic engagement. My ring to her will be presented to her at this time.

 

During these months after the return from my first visit with her in China our paperwork will continue through the system.

 

With hopes of all going well, and yes, I do understand of all the pitfalls ahead during this process, I plan to join with her again in China once the visa is in her hands. I can only hope by years end in '07 or early '08 this process will be complete.

My schedule will be open and ready to leave for Nanning asap after she receives her visa.

Once visa is in hand, we finalize the plans by setting the date for a small family and friends wedding in Nanning with approx. 30 guests as she hopes.

 

I arrive in Nanning several days before the wedding. After the wedding ceremony we wish all well and depart for the US to complete the required wedding here in the US prior to the 90 deadline. This will be a simple registered marriage here at a local court house, being we will already have had the wedding we dream of in China.

 

 

I post this to see if my thoughts of giving Wen Li and myself the wedding we desire in China and beginning the process of obtaining a K-1 visa without the wait for the completed China wedding and then applying for a K-3 visa are correct and proper.

 

Are my thoughts in order, or completely out in left field?

 

Thanks for your opinions, ideas and/or guidance that you may provide.

[tonado]

If you planning to do a K1 process, you must get married in USA. However, you can do an engagement banquet in China.

[warpedbored]

Legal marriage in China consists of going to the marriage registry and signing some papers to get a little red book. Ceremonies are a private and personal thing. Many people here on CFL have had elaborate wedding ceremonies in China without being legally married. This way you can go the K-1 route and still satisfy her friends and family.

[Guest pushbrk]

Wen Li's desire for our marriage in China has been easily accepted by myself. Our wedding will take place in her hometown of Nanning.

 

Wen Li's understanding of our option of a K-1 or K-3 visa is still pending. I have tried in numerous ways to explain to her of the difference between the two visa's. I have sent her all posted details on both also.

 

She hopes that we will go the K-3 route. She writes of having our wedding in China and saying good-bye to her family and friends as we depart for the US together just after the wedding.

 

I have tried to explain this is not possible with the K-3 visa process.

 

With all that I have studied and learned here on CFL, we cannot begin to file for a K-3 until the marriage is completed. Our marriage is, at this time, many months in the future and once married she will have to remain in China until this visa process is complete and she has a visa in hand. Only then will she be able to join with me here in our new home in the USA.

Correct?

 

Here are my thoughts to accomplish what she writes of and what we both now dream of:

 

My first visit with Wen Li will be in the last few days of December '06 in Nanning. If we find true love during this visit, as we now have found through our spoken and written words, we will discuss our future in a more personal setting.

When I return to the US after my first visit, I will begin the process and file for a K-1 visa.

 

I then plan to return to China in April or Early May '07. At this time we will have a proper and romantic engagement. My ring to her will be presented to her at this time.

 

During these months after the return from my first visit with her in China our paperwork will continue through the system.

 

With hopes of all going well, and yes, I do understand of all the pitfalls ahead during this process, I plan to join with her again in China once the visa is in her hands. I can only hope by years end in '07 or early '08 this process will be complete.

My schedule will be open and ready to leave for Nanning asap after she receives her visa.

Once visa is in hand, we finalize the plans by setting the date for a small family and friends wedding in Nanning with approx. 30 guests as she hopes.

 

I arrive in Nanning several days before the wedding. After the wedding ceremony we wish all well and depart for the US to complete the required wedding here in the US prior to the 90 deadline. This will be a simple registered marriage here at a local court house, being we will already have had the wedding we dream of in China.

 

 

I post this to see if my thoughts of giving Wen Li and myself the wedding we desire in China and beginning the process of obtaining a K-1 visa without the wait for the completed China wedding and then applying for a K-3 visa are correct and proper.

 

Are my thoughts in order, or completely out in left field?

 

Thanks for your opinions, ideas and/or guidance that you may provide.

238065[/snapback]

You can have any ceremony you want and call it what you want. What you do NOT want to do is register a legal marriage in China.

[jim_julian]

Someone needs to say this plainly to Clayton ...

 

Clayton, you have it reversed.

 

- The K1 is the fiancee visa. She would come to the US as your fiancee and you have 90 days in which to get married.

 

- The K3 is the spouse visa. You would get married in China and then file for a K3 visa. When it is granted your wife can come to the US.

 

Recommend you consider doing what we did. Apply for K1, when the visa is in hand have a big wedding banquet, then say goodbye and head for the US, upon entry you have 90 days to get married in the US. In general, her Chinese friends and relatives will count the wedding banquet as the equivalent of a wedding.

 

Since you haven't met her in person as yet this K1 approach will give you 6-10 months or so to continue to get to know each other.

 

Good luck!

[frank1538]

Like Jim and many others, Jingwen and I had a ceremonial wedding in China while waiting for the K-1 to process. With the exception of our respective governments, everybody considered us married. To this day, we celebrate our ceremonial wedding as our anniversary.

 

The only caution I would interject if following the K-1 route is to make sure you don't register your Chinese wedding as a legal marriage. If I'm not mistaken, the K-1 rules require that the legally binding marriage take place after admission to the US.

[MikeandRong]

One important comment to make too. Take as many pictures as you want of the ceremony. But do not include them with the I-129F K1 fiance petition. The reason is that depending on how you are dressed, it may give the officer the impression you got married, even though you did not. You don't want a hassel, or having to try to explain if the officer should happen to think he is looking at wedding photos. This of course only applies to you if it is a K1 fiance petition. If you go the CR1/K3 spouse petition, then by all means include the wedding ceremony pictures, as well as the marriage license.

[scott1956]

Clayton it sounds to me as if you have a good solid plan. You can start the K1 process anytime you want as long as you aren't legally married. So you certainly can start it once you return from your first visit - sounds like sometime in early '07. Then you can return as many times as you like durring the process which hopefully will be completed by the end of 2007. As everyone as indicated just make sure not to register the marriage in China - you can have any kind of ceremony you like.

[clayton2103]

Someone needs to say this plainly to Clayton ...

 

Clayton, you have it reversed. 

 

- The K1 is the fiancee visa.  She would come to the US as your fiancee and you have 90 days in which to get married.

 

- The K3 is the spouse visa.  You would get married in China and then file for a K3 visa.  When it is granted your wife can come to the US.

 

Recommend you consider doing what we did.  Apply for K1, when the visa is in hand have a big wedding banquet, then say goodbye and head for the US, upon entry you have 90 days to get married in the US.  In general, her Chinese friends and relatives will count the wedding banquet as the equivalent of a wedding.

 

Since you haven't met her in person as yet this K1 approach will give you 6-10 months or so to continue to get to know each other.

 

Good luck!

238097[/snapback]

 

 

 

 

jim...thanks for your response. Granted my long, drawn-out post is a bit confusing, but with help I have received here, I am aware of the difference between both the K-1 and the K-3 visa.

 

Wen Li is wanting a wedding in China which I am so happy about myself, it was just a concern of mine that we could not file for a K-3 visa which she seems to prefer until the wedding is complete vs. beginning the K-1 process after my first visit in December.

 

I now have been enlightened that a marriage in China is as simple as filing and receiving a "red book." It is the marriage ceremony that I am sure she seeks. Which can be celebrated just prior to our departure from China to the US with the K-3 completed....if this is the type visa we apply for.

 

K-1 = Fiance Visa

K-3 = Spousal Visa

 

I understand.

 

This now gives me more info on which visa to choose. If she is set on K-3, we can still accomplish this goal of ours with only a small delay being the difference in time for approval of K-1 and K-3.

 

Our wedding ceremony will be wonderful especially knowing we will be able to leave China hand in hand to our new life together with either type of visa.

 

I apparently was confusing the marriage certificate from China with the wedding ceremony which we seek.

 

Sorry for my confusing post to begin with and I laugh knowing that my explanation is probably just as confusing. Lol.

Edited August 17, 2006 by clayton2103 (see edit history)

[Guest pushbrk]

Someone needs to say this plainly to Clayton ...

 

Clayton, you have it reversed. 

 

- The K1 is the fiancee visa.  She would come to the US as your fiancee and you have 90 days in which to get married.

 

- The K3 is the spouse visa.  You would get married in China and then file for a K3 visa.  When it is granted your wife can come to the US.

 

Recommend you consider doing what we did.  Apply for K1, when the visa is in hand have a big wedding banquet, then say goodbye and head for the US, upon entry you have 90 days to get married in the US.  In general, her Chinese friends and relatives will count the wedding banquet as the equivalent of a wedding.

 

Since you haven't met her in person as yet this K1 approach will give you 6-10 months or so to continue to get to know each other.

 

Good luck!

238097[/snapback]

 

 

 

 

jim...thanks for your response. Granted my long, drawn-out post is a bit confusing, but with help I have received here, I am aware of the difference between both the K-1 and the K-3 visa.

 

Wen Li is wanting a wedding in China which I am so happy about myself, it was just a concern of mine that we could not file for a K-3 visa which she seems to prefer until the wedding is complete vs. beginning the K-1 process after my first visit in December.

 

I now have been enlightened that a marriage in China is as simple as filing and receiving a "red book." It is the marriage ceremony that I am sure she seeks. Which can be celebrated just prior to our departure from China to the US with the K-3 completed....if this is the type visa we apply for.

 

K-1 = Fiance Visa

K-3 = Spousal Visa

 

I understand.

 

This now gives me more info on which visa to choose. If she is set on K-3, we can still accomplish this goal of ours with only a small delay being the difference in time for approval of K-1 and K-3.

 

Our wedding ceremony will be wonderful especially knowing we will be able to leave China hand in hand to our new life together with either type of visa.

 

I apparently was confusing the marriage certificate from China with the wedding ceremony which we seek.

 

Sorry for my confusing post to begin with and I laugh knowing that my explanation is probably just as confusing. Lol.

238174[/snapback]

Yes, your explanation actually confuses the matter. I thought I understood your first post in this thread.

 

Anyway, no the differrence in your time apart will not be only the difference in time to complete the K3 compared to the K1.

 

If you decide to actually "marry" in China. That means a legal marriage with the Red Book.

 

Here's a synopsis of timeline comparing your K1 option and going K3 based on your "visit" timeline.

 

K1

 

Dec 2006 meet in China and become engaged. Complete her part of I-129F and G325a including signatures.

 

Jan. 2007. File for K1 visa

 

Sept. 2007. She gets visa. Hold a not legal ceremony to celebrate your union. Come to USA together.

 

K3

 

Dec 2006 Meet her and decide to marry.

 

April 2007 Go to China and legally marry her

 

May 2007 File I-130 for CR1 (This must be done before filing for K3)

 

June 2007 File I-129F for K3 visa.

 

March 2008 Go to China and bring her home.

 

Choosing the K3 visa does not allow you to file until after you are married. Unless you plan to marry on the first trip, you will be lookint at a six month difference in your time apart. The variance between processing time of a K1 and K3 visa is within the margin of error. My "Wife" will arrive on a K3 visa exactly 9 months from the day we were married in China.

 

I'm not pushing the K3. I'm just telling you that the CR1 and K3 visas are your only choice if you plan to actually become legally married in China at any time.

 

The K1 visa allows you to begin the visa process immediately after your first visit but DOES NOT EVER allow for MARRIAGE in China. You must marry in the USA. Do do otherwise is Visa Fraud.

 

All that said, the K1 allows you to have any ceremony in China you wish, at any time, as long as it is not a legal marriage.

Edited August 17, 2006 by pushbrk (see edit history)

[clayton2103]

Someone needs to say this plainly to Clayton ...

 

Clayton, you have it reversed. 

 

- The K1 is the fiancee visa.  She would come to the US as your fiancee and you have 90 days in which to get married.

 

- The K3 is the spouse visa.  You would get married in China and then file for a K3 visa.  When it is granted your wife can come to the US.

 

Recommend you consider doing what we did.  Apply for K1, when the visa is in hand have a big wedding banquet, then say goodbye and head for the US, upon entry you have 90 days to get married in the US.  In general, her Chinese friends and relatives will count the wedding banquet as the equivalent of a wedding.

 

Since you haven't met her in person as yet this K1 approach will give you 6-10 months or so to continue to get to know each other.

 

Good luck!

238097[/snapback]

 

 

 

 

jim...thanks for your response. Granted my long, drawn-out post is a bit confusing, but with help I have received here, I am aware of the difference between both the K-1 and the K-3 visa.

 

Wen Li is wanting a wedding in China which I am so happy about myself, it was just a concern of mine that we could not file for a K-3 visa which she seems to prefer until the wedding is complete vs. beginning the K-1 process after my first visit in December.

 

I now have been enlightened that a marriage in China is as simple as filing and receiving a "red book." It is the marriage ceremony that I am sure she seeks. Which can be celebrated just prior to our departure from China to the US with the K-3 completed....if this is the type visa we apply for.

 

K-1 = Fiance Visa

K-3 = Spousal Visa

 

I understand.

 

This now gives me more info on which visa to choose. If she is set on K-3, we can still accomplish this goal of ours with only a small delay being the difference in time for approval of K-1 and K-3.

 

Our wedding ceremony will be wonderful especially knowing we will be able to leave China hand in hand to our new life together with either type of visa.

 

I apparently was confusing the marriage certificate from China with the wedding ceremony which we seek.

 

Sorry for my confusing post to begin with and I laugh knowing that my explanation is probably just as confusing. Lol.

238174[/snapback]

Yes, your explanation actually confuses the matter. I thought I understood your first post in this thread.

 

Anyway, no the differrence in your time apart will not be only the difference in time to complete the K3 compared to the K1.

 

If you decide to actually "marry" in China. That means a legal marriage with the Red Book.

 

Here's a synopsis of timeline comparing your K1 option and going K3 based on your "visit" timeline.

 

K1

 

Dec 2006 meet in China and become engaged. Complete her part of I-129F and G325a including signatures.

 

Jan. 2007. File for K1 visa

 

Sept. 2007. She gets visa. Hold a not legal ceremony to celebrate your union. Come to USA together.

 

K3

 

Dec 2006 Meet her and decide to marry.

 

April 2007 Go to China and legally marry her

 

May 2007 File I-130 for CR1 (This must be done before filing for K3)

 

June 2007 File I-130 for K3 visa.

 

March 2008 Go to China and bring her home.

 

Choosing the K3 visa does not allow you to file until after you are married. Unless you plan to marry on the first trip, you will be lookint at a six month difference in your time apart. The variance between processing time of a K1 and K3 visa is within the margin of error. My "Wife" will arrive on a K3 visa exactly 9 months from the day we were married in China.

 

I'm not pushing the K3. I'm just telling you that the CR1 and K3 visas are your only choice if you plan to actually become legally married in China at any time.

 

The K1 visa allows you to begin the visa process immediately after your first visit but DOES NOT EVER allow for MARRIAGE in China. You must marry in the USA. Do do otherwise is Visa Fraud.

 

All that said, the K1 allows you to have any ceremony in China you wish, at any time, as long as it is not a legal marriage.

238186[/snapback]

 

 

pushbrk,

 

Perfectly written and well understood. Thank you so much.

 

As you have written, is how I have perceived the difference between the choice of visas.

 

Your theoretical timeline is perfect and I will pass this on to Wen Li for her to view and perhaps understand a bit more clearly. Two thumbs up for putting in black and white for us.

 

I now assume (yet will be clarified) it is the wedding ceremony, or whatever we would like to call it, that she seeks with her family and friends just prior to our departure to the US with her K-1 visa in hand. To us, it will be our own wedding ceremony celebration.

[Cerberus]

Clayton2103,

 

Wen Li's understanding of our option of a K-1 or K-3 visa is still pending. I have tried in numerous ways to explain to her of the difference between the two visa's. I have sent her all posted details on both also.

 

She hopes that we will go the K-3 route. She writes of having our wedding in China and saying good-bye to her family and friends as we depart for the US together just after the wedding.

 

Clayton,

 

Just as a side point and understanding Wen Li's mind, have you ever thought that she wishes to give herself and her "guanxi" (face) in front of her family and friends? I went through the same explanations with my wife. Same logical reasoning, etc about times frames, speed of processing, etc, etc. All to no avail!

 

To make long story short, her family put "their proverbial foot down" about the fiancée (K1) crap! Her family and freinds are basically educators, from the upper middle to lower rich/class. Their basic premise was, that if you love our daughter, you would marry her now, in front of us and in her home country. You would marry her here and respect us and our customs/wishes.

 

I married in China, a very simple easy undertaking. The marriage part was harder! LOL! Why don’t you try and gently probe and ask about the slant that I have given to you? You might find out that is really what she wants.

 

After all she loves you. However, most Orientals want to keep their face in the front of their family and friends. Besides, what would it hurt you to marry in China? A little more time and give to your wife a lifetime of pleasent memories?

 

I did the civil and a religious marriage in China. On Christmas Day, my wife, family and her friends all celebrated the wedding day! To this day my wife has never forgotten it and still talks about it, with many pleasant reminiscences!

 

Hope it works for the best

 

Dave

[Yuanyang]

...

May 2007 File I-130 for CR1  (This must be done before filing for K3)

 

June 2007 File I-130 for K3 visa.

...

238186[/snapback]

Mike, I know you are the K3-King but I think you had a finger fart here.

 

Shouldn't that be:

June 2007 File I-129 for K3 visa. upon receipt of the NOA1 from the I-130 filing.

[Guest pushbrk]

...

May 2007 File I-130 for CR1  (This must be done before filing for K3)

 

June 2007 File I-130 for K3 visa.

...

238186[/snapback]

Mike, I know you are the K3-King but I think you had a finger fart here.

 

Shouldn't that be:

June 2007 File I-129 for K3 visa. upon receipt of the NOA1 from the I-130 filing.

238197[/snapback]

There are a lot of details I could have added but they were not necessary to make the point.

[david_dawei]

...

May 2007 File I-130 for CR1  (This must be done before filing for K3)

 

June 2007 File I-130 for K3 visa.

...

238186[/snapback]

Mike, I know you are the K3-King but I think you had a finger fart here.

 

Shouldn't that be:

June 2007 File I-129 for K3 visa. upon receipt of the NOA1 from the I-130 filing.

238197[/snapback]

I guess it's one finger fart following another ... I-129F