Just double checking...

[wittyremark]

I'm getting ready to send off the first packet for my fiance visa. I'm currently living in China, (I've been working here for three years) but will return to the US in December. I want to file my paperwork now, so that my boyfriend and I will spend less time apart. I put my parents' address as my permanent address on I-129 (I will live there at first when I get home). I'm filling out the G-325 now. Should I put my current address in China as my "present" address? Or will this confuse the visa people? Will I have to change it later when I move back to the US?

 

Before I finally send off everything, I just want to double check that the K-1 visa is right for me. I'm definitely moving back to the US and we definitely want to live there. (at least for five years or so) I'm in the final stages of interviewing for a job now and should be at work in the US starting in January. Going DCF route would only be good for us if we wanted to stay in China, right? Basically, my goal is to get us both to the US in the speediest way possible. K-1 doesn't feel like it's set up for my circumstances -- but I've heard from several credible sources it's our best bet.

[tywy_99]

I assume you're using your parent's address as your own so that you will receive your correspondences from the USCIS. That is wise. Since you're returning to the US in December, I'd say you be safe in using their address, even on the G-325A. You want to make sure you'll receive all mail from them. Your NOA1 will be the first mail from the USCIS after mailing the petition. I think it's taking a month or more to receive it these days, after mailing the petition but K1 sounds good for you. Your only other option would be to marry in China and then petition for the K3 visa.

 

-good luck

[dnoblett]

You can put China address as current on the G-325A, and you dont have to change it when you do return to the USA, the address that USCIS uses to send the notice of action letters to is the one you put on the I-129F

 

The second part of your question has me asking, How long have you lived in China? If more than 6 months, and are "Resident" in China, your other and more preferable option would be to Marry in China, and file an I-130 directly to the US Consulate in China.

 

The best way to handle the DCF filing is to file to the consulate, and then shortly after, you move back to the USA ahead of your then Husband, and reestablish your Domicile in the USA, and if you have not been filing returns with the IRS, you file them late. The CR-1 visa requires the US-Citizen to provide an I-864 affidavit of support, and the I-864 requires IRS return, and Domicile in the USA, you can use a Joint sponsor for the I-864.

 

The advantage of DCF (Direct consulate filing) for a CR-1 visa is this:

1. The CR-1 is an IMMIGRANT visa, it results in a green-card upon entry to the USA (Allows work and other things that a K-Visa has to wait for.)
   
2. NO adjustment of status from a K-Visa to immigrant ($1010 FEE)
   
3. Quicker, USCIS is not involved.
   
4. Less expensive.
   

The K-Visas have to be filed for in the USA through USCIS which takes time, and K-Visa is a NON-Immigrant visa that requires status adjustment, and EAD to get a job.

[david_dawei]

The CR-1 visa requires the US-Citizen to provide an I-864 affidavit of support, and the I-864 requires IRS return, and Domicile in the USA, you can use a Joint sponsor for the I-864.

If it were me.... I'd marry, file DCF.. then return to US at some point and get a job.. maybe don't need a joint sponsor and have established domicile...

[dnoblett]

The CR-1 visa requires the US-Citizen to provide an I-864 affidavit of support, and the I-864 requires IRS return, and Domicile in the USA, you can use a Joint sponsor for the I-864.

If it were me.... I'd marry, file DCF.. then return to US at some point and get a job.. maybe don't need a joint sponsor and have established domicile...

That is what I would be doing, forget about the NON-Immigrant K-Visas, the DCF is quicker, less expensive, and has no status adjustment.

[warpedbored]

You only need to be a legal resident alien in China at the time of filing to qualify for DCF. It would definitely be your best option. Get married, file DCF and then move to the US later on. Having a job secured and your domicile already established when your sweet heart goes to interview are all pluses.

[wittyremark]

You only need to be a legal resident alien in China at the time of filing to qualify for DCF. It would definitely be your best option. Get married, file DCF and then move to the US later on. Having a job secured and your domicile already established when your sweet heart goes to interview are all pluses.

 

I was reading on your site that I'd need a Z visa to become a legal resident in China. Right now I'm just working illegally on a business visa. Some women in my office decided to apply for a legitimate Z visa (I had a Z visa, but it expired in August) -- and they are still working on the paperwork more than two months later. I don't have the time to do that. If I get this job offer, I need to be back in the US Jan 1. Is there any simple way to get the legal residence?

[wittyremark]

I went to today to talk to the people at Beijing's Department of Homeland Security office. They said I could apply the I-130 directly to them -- no problem. (Even though the papers they gave me say I need an Z or X visa)

 

I think my boyfriend and I will go this route -- even though it means getting married next week instead of next year. It seems considerably less complicated.

 

Will it be a problem that I will get married and then immediately apply for the visa?

[Sadie]

I'm in a similar situation as you and I'd say DCF is a much better route. It also looks like you have a better chance of success with DCF.

 

I also called Bejing USCIS and they said as long as you've been here 6 months it's no problem, no need for an X or Z visa. I'll be going there next week and I can tell you what happens when I get there. The other thing I'm bringing with me is a temporary foreign residence permit which I got at my local police station.

 

My husband has told me that from what he has seen on the Chinese forums, getting married and filing for DCF right away doesn't seem to be a problem.