Hong Kong Marriage vs Mainland China Marriage

[Randy W]

It may be - remember, though, that you're starting over and re-filing the forms. Make sure there won't be any complications from withdrawing the old.

 

One thing guaranteed is that you would be married this year.

 

I hope it works for you.

[SirLancelot]

My question now is why everyone doesn't do this wire-around? It seems so simple.

 

Lee, the main reason is that most Chinese women won't find it so easy to get access to HK. Being a resident of ShenZhen or GuangZhou makes it easier to obtain a permit to visit HK but it's not that easy for many others. If the Chinese SO can get into HK, then going the K-3 route via HK is indeed a smart choice.

 

The only other consideration is that with a K3, your SO comes into the US as a wife. With a K1 she comes in as a fiancee. I know--and even advocate--that a K1 visa should not be used as a visiting visa to see if the pair should marry, that it should be used as an immigration visa to actually marry. But the fact of the matter is that on a K1 visa, the couple still has a chance to not marry if they really don't match or shouldn't marry. But on a K3, the couple is already married and would need to get a divorce if it doesn't work out. That's something to keep in mind.

 

I do NOT advocate people use the K1 visa as a visitor visa.

[rogerinca]

My question now is why everyone doesn't do this wire-around? It seems so simple.

 

Lee, the main reason is that most Chinese women won't find it so easy to get access to HK. Being a resident of ShenZhen or GuangZhou makes it easier to obtain a permit to visit HK but it's not that easy for many others. If the Chinese SO can get into HK, then going the K-3 route via HK is indeed a smart choice.

 

The only other consideration is that with a K3, your SO comes into the US as a wife. With a K1 she comes in as a fiancee. I know--and even advocate--that a K1 visa should not be used as a visiting visa to see if the pair should marry, that it should be used as an immigration visa to actually marry. But the fact of the matter is that on a K1 visa, the couple still has a chance to not marry if they really don't match or shouldn't marry. But on a K3, the couple is already married and would need to get a divorce if it doesn't work out. That's something to keep in mind.

 

I do NOT advocate people use the K1 visa as a visitor visa.

 

 

Yes, right-on Lance.

 

Also, for those who might me be interested¡­..for our trip to Hong Kong Disneyland in late July, my wife, who is a Guangzhou resident, had to obtain the HK Passport/Permit (Blue Book) as well as the one-trip visas for her and our daughter. The cost was 120 RMB for the combined Passport book and the one-trip HK visa. Thereafter, it is only the lesser cost of the visa.

 

They cannot use their PRC passport book for these entries. They must purchase the Blue HK book. The USC, can use his/her passport book and it will be stamped in and out, without the need for a HK visa. They just stamped on the same page as my PRC tourist visa, within my USA passport.

 

It will take several days (over a week) for Lao Po to accomplish, as after initial filing, it goes to the police station for approval/issuance electronically to the local visa/passport office. Then the books are mailed via express mail to the recipient. They will need the usual passport photos too.

[SirLancelot]

Actually I think you're right about it being a no-brainer now. In the past, even just a couple of years ago, it was more--sometimes much more--difficult for Mainland people to visit HK. So not many went this route. But it is getting easier and easier for Mainland residents to visit HK now a days. So it's a very attractive option and perhaps should be highlighted more often on CFL.

 

But future petitioners should realize that it's ONLY for K-3 filings. A K-1 is not possible via HK unless their SOs actually legally lived or worked in HK.

 

Good luck Lee. I think for your particular situation, it may indeed be the best route to marry in HK and file through HK. Please keep in mind that the petitioning via USCIS will be the same processing time. It's only the processing at the US Consulate in HK which will be sped up significantly.

 

Roger, if you had a chance to do it over, would you have gotten married in HK with your wife?

 

My question now is why everyone doesn't do this wire-around? It seems so simple.

 

Lee, the main reason is that most Chinese women won't find it so easy to get access to HK. Being a resident of ShenZhen or GuangZhou makes it easier to obtain a permit to visit HK but it's not that easy for many others. If the Chinese SO can get into HK, then going the K-3 route via HK is indeed a smart choice.

 

The only other consideration is that with a K3, your SO comes into the US as a wife. With a K1 she comes in as a fiancee. I know--and even advocate--that a K1 visa should not be used as a visiting visa to see if the pair should marry, that it should be used as an immigration visa to actually marry. But the fact of the matter is that on a K1 visa, the couple still has a chance to not marry if they really don't match or shouldn't marry. But on a K3, the couple is already married and would need to get a divorce if it doesn't work out. That's something to keep in mind.

 

I do NOT advocate people use the K1 visa as a visitor visa.

 

Thanks Lance. While I respect the opinion of each couple regarding which choice to make, Ping and I have looked at the K1 exactly as you look at it. We made our decision to get married before we filed our petition. We are not looking for a trial period before we get married.

 

We chose the K1 option only because it looked like it would be a faster way to get her here. Had we known about this Hong Kong option we would have opted for it from the beginning, and she might already be here by now.

 

We don't mind the idea of waiting once we are married and she is here. It is this interminable waiting before she is here and we can be married that is bothering us now.

 

Ping went to Hong Kong with me from Guangzhou earlier this year. We have already planned a family vacation in Hong Kong for next month when I am in Guangzhou. We might have to scramble to get all the paperwork ready, but marriage in Hong Kong sure seems like a viable option now.

Edited August 18, 2007 by SirLancelot (see edit history)

[rogerinca]

Roger, if you had a chance to do it over, would you have gotten married in HK with your wife?

[/b]

 

Hmmm, interesting question Lance¡­..

 

Maybe ?? However, since my Lao Po is a Guangzhou girl, and her large family and her friends are all right there in GZ, it was very important for them to be at our civil ceremony at the Govt. Office in downtown GZ.

 

The transportation logistics and expense of them all going to HK, would have made it impractical for our situation and her feelings. Again, the interview would then require another trip to HK.

 

Therefore, in our situation, and with my wife living and working in the area so long and all of her family and friends in the GZ area, I am comfortable that we made the right decision. For others, in other far out regions of China, and who do not have such easy access to GZ, then maybe HK is the right choice for them ??

 

And now, with only about five to six more months to go, it¡¯s ok !!

[chilton747]

My question now is why everyone doesn't do this wire-around? It seems so simple.

 

Lee, the main reason is that most Chinese women won't find it so easy to get access to HK. Being a resident of ShenZhen or GuangZhou makes it easier to obtain a permit to visit HK but it's not that easy for many others. If the Chinese SO can get into HK, then going the K-3 route via HK is indeed a smart choice.

 

The only other consideration is that with a K3, your SO comes into the US as a wife. With a K1 she comes in as a fiancee. I know--and even advocate--that a K1 visa should not be used as a visiting visa to see if the pair should marry, that it should be used as an immigration visa to actually marry. But the fact of the matter is that on a K1 visa, the couple still has a chance to not marry if they really don't match or shouldn't marry. But on a K3, the couple is already married and would need to get a divorce if it doesn't work out. That's something to keep in mind.

 

I do NOT advocate people use the K1 visa as a visitor visa.

 

 

Yes, right-on Lance.

 

Also, for those who might me be interested¡­..for our trip to Hong Kong Disneyland in late July, my wife, who is a Guangzhou resident, had to obtain the HK Passport/Permit (Blue Book) as well as the one-trip visas for her and our daughter. The cost was 120 RMB for the combined Passport book and the one-trip HK visa. Thereafter, it is only the lesser cost of the visa.

 

They cannot use their PRC passport book for these entries. They must purchase the Blue HK book. The USC, can use his/her passport book and it will be stamped in and out, without the need for a HK visa. They just stamped on the same page as my PRC tourist visa, within my USA passport.

 

It will take several days (over a week) for Lao Po to accomplish, as after initial filing, it goes to the police station for approval/issuance electronically to the local visa/passport office. Then the books are mailed via express mail to the recipient. They will need the usual passport photos too.

 

 

Roger, now I am even more impressed with Ping. She told me none of these things. She just took care of it and was with me on the bus to Hong Kong as though she went there every day. I am glad you enlightened me on this so I can praise and thank her for her ability to anticipate and take care of things.

Ping knows what she is doing.

[david_dawei]

 

According the the U.S. Department of State website, a K-3 Visa application for the foreign spouse of a USC when the marriage occurred outside the U.S. MUST be filed and the visa MUST be issued in the country where the marriage took place. The same website says that after the visa process has been completed, and the visa is issued, the spouse can travel to the U.S. to wait for the processing of the immigrant visa case.

 

What I haven't verified yet is how long it would likely take to obtain the visa. I also don't know what the final sentence in the preceding paragraph means.

 

If the visa application would be processed significantly faster through Hong Kong, and then Ping could come to the U.S. while her immigrant visa case is being processed, would this save us a lot of time?

 

 

 

For a K-3, you would first have to file a CR-1 (I-130), the immigrant visa referred to. If the I-130 is approved (after the K-3 is used), she would have to go back to Guangzhou for an interview there. This would result in a greencard.

 

The K-3 may be filed as soon as you receive the I-797 for the CR-1 I-130. K-3 processing in Hong Kong can be as short as 2 months. So she could conceivably be here by the end of the year.

 

She could then either wait for the immigrant visa processing, or file the I-485 to adjust status here.

 

The time savings is in the consular processing - 2 months vs 4 or 5 months at GUZ.

 

Randy, Unless I am missing something, this seems like a no brainer for us, then. Since her home is in Guangzhou, a return trip for the interview in GZ would not be a problem.

 

She would be ecstatic if she could be here before the end of the year. OK, so would I.

 

My question now is why everyone doesn't do this wire-around? It seems so simple.

How much wire does it take to 'wire-around'?

 

What your missing here is an analysis of putting the two timelines side by side, current one and future one... I did a quick look and I'll go out on a limb and say that not only would she not be here by the end of the year, but I honestly think your K1 wil finish before a re-filed K3 at this point.

 

You can adjust the dates as you see they would be adjusted, but your current timelime is as:

May 2007-K1 Filed (already a three months head start)

Sept 2007 - K1 approval and sent to NVC and sent on to GUZ

Feb-Mar 2007 - K1 interview

 

If you re-file K3, I cannot see you getting married and back here to file the I-130 (required first) until Sept. 30 at the fastest:

Sept 2007 - file I-130

Oct 2007 - I-130 approved; I-129F filed

Jan 2007 - I-129F approved (avg=110 days) and sent to NVC and sent on to HK

Apri 2007 - HK Interview

 

The only date you can change is the filing one.. everything after that will just follow the normal process.. and my HK timeline shown is "no problems encountered"...

 

Would it make for an exciting time to shift gears, get married, etc.. you bet... she would be floating on cloud 9.

 

Would she care if it really didn't work out in the end; didn't get to US any faster? No... that fact that you "do" something and try it is most important here.

 

What about AOS/EAD (SSN and work)?

On a K1, she'll have an easier time to get her SSN and slightly better chance of working in first month if that was a driving desire.

 

K3 cannot get a SSN or work at all until they have EAD. YOu can probably file the AOS/EAD faster since you only need to get the civil surgeon signoff done.

 

Is it worthwhile? If it hinges on getting her here to the US faster, I tend to doubt it... The fastest HK process I've seen is 4 months and the longest 10 months...the average is 5-6.

 

If she wants to get married and wants to try it, then why not.

 

Now counselor.. you do the math... did I say welcome back to CFL

[david_dawei]

She is just as pragmatic as I am and she would never take the risk after seeing your analysis.

I often compare much of chinese thinking to the saying of "a bird in the hand is worth two in the bush".. very pragmatic...

[SinoTexas]

Dunno TL. I'm sure that if you stay the current path, Ji anf I could attend a wedding in the Bluebonnets!. Texas wildflowers and a Chinese spouse, nice combination.

 

I think if I knew what I knew back then, I might have done the Hong Kong K-3, but my timelibe went fairly fast, so I can't complain. It's just that we do the AOS stuff later, but together.

 

As aye,

 

Jim

Edited August 19, 2007 by SinoTexas (see edit history)

[rogerinca]

Dunno TL. I'm sure that if you stay the current path, Ji anf I could attend a wedding in the Bluebonnets!. Texas wildflowers and a Chinese spouse, nice combination.

 

I think if I knew what I knew back then, I might have done the Hong Kong K-3, but my timelibe went fairly fast, so I can't complain. It's just that we do the AOS stuff later, but together.

 

As aye,

 

Jim

 

 

Jim, you paint such a beautiful picture with just a very few words¡­¡­..

 

¡°A wedding in the Bluebonnets¡­.Texas Wildflowers and a Chinese Spouse¡±

 

Wow, when are you going to write that book !!!??

[Urkidding]

Dunno TL. I'm sure that if you stay the current path, Ji anf I could attend a wedding in the Bluebonnets!. Texas wildflowers and a Chinese spouse, nice combination.

 

I think if I knew what I knew back then, I might have done the Hong Kong K-3, but my timelibe went fairly fast, so I can't complain. It's just that we do the AOS stuff later, but together.

 

As aye,

 

Jim

 

 

 

Jim, looks like the Texas wedding is on. David Z put things in perspective for me, and the Hong Kong option doesn't seem to make sense because of the passage of time since we filed our K-1 petition.

 

I got the ring bearer...

[Urkidding]

Dunno TL. I'm sure that if you stay the current path, Ji anf I could attend a wedding in the Bluebonnets!. Texas wildflowers and a Chinese spouse, nice combination.

 

I think if I knew what I knew back then, I might have done the Hong Kong K-3, but my timelibe went fairly fast, so I can't complain. It's just that we do the AOS stuff later, but together.

 

As aye,

 

Jim

 

 

 

Jim, looks like the Texas wedding is on. David Z put things in perspective for me, and the Hong Kong option doesn't seem to make sense because of the passage of time since we filed our K-1 petition.

 

I got the ring bearer...

 

 

What a great picture, Andrew.

 

Thanks... there's plenty more

[SinoTexas]

Dunno TL. I'm sure that if you stay the current path, Ji anf I could attend a wedding in the Bluebonnets!. Texas wildflowers and a Chinese spouse, nice combination.

 

I think if I knew what I knew back then, I might have done the Hong Kong K-3, but my timelibe went fairly fast, so I can't complain. It's just that we do the AOS stuff later, but together.

 

As aye,

 

Jim

 

 

 

Jim, looks like the Texas wedding is on. David Z put things in perspective for me, and the Hong Kong option doesn't seem to make sense because of the passage of time since we filed our K-1 petition.

Great! I'll put in an order at the package store for a keg of Shiner Bock and talk to Rosie about making tamales for ya'lls reception.

 

As aye,

 

Jim

[SinoTexas]

Ok David, as Don said, I've landed more times than I can count on my head, so I'm not following your outline. More than likely, I'm not reading it correctly but you state;

"(2) An alien reside in China and marries in HK results in:

-- USC files I-130 in country of residency.

---if US, then US. Interview in GUZ. (nothing saved pursuing this)"

 

From what I see on the last line, that if a marriage takes place in Hong Kong, the interview takes place in Guangzhou. Why would this be? I thought if the USC and Chinese national married in Hong Kong, the DOS processing and interview take place in Hong Kong? Like I said, maybe I am not seeing the whole picture. Can you clarify for me? Thanks.

 

As aye,

 

Jim

[david_dawei]

David, I really like this layout, but want to suggest some edits.

 

3) An alien reside in HK and marries in HK results in:

-- USC files I-130 in country of residency..

---if US, then US. Interview in HK. (save only little time since still must do consular adjustment at NVC).

---if in China, then file DCF. Interview in HK. (fast time) (this one confuses me; I don't think BJ would accept the I-130 if the alien is a HK resident)

---if working in HK, then either US or DCF HK. Interview in HK. (fastest time if filing in HK)

I'm probably adding to the confusing by interjecting a recommendation into a 'general rule'...

 

In this scenario, the alien resides in HK and marries in HK... but I stated the USC as "In china".. meaning, they are [resident] working in china, so have a work visa alllowing them to DCF... I was simply recommending that "if in China", then just pursue the DCF [i-130 filing] in mainland... Since alien resides in HK, case will transfer to HK.

 

 

-- USC files I-129F in country of residency. (always files in the US).

---if US, then US. Interview in HK. (save time on consulate end)

---if in China, then just pursue I-130. (seems like the I-129F is filed in the US with the interview in HK)

---if working in HK, then just pursue I-130. (HK DCF?)

 

Again, "If in China" means that the USC has residence in China and so can pursue a mainland DCF. My recommendation is just to skip any I-129F filing and just pursue a I-130 DCF.

 

The scenario, "If working in HK" means the USC can file the I-130 in HK... Since the Alien lives in HK, the interview happens in HK.

 

There was a member who was working in HK and he posted of filing his I-130 in HK... so that's where I got this info from... (in the FAQ).

Edited August 19, 2007 by DavidZixuan (see edit history)