Reality Check on Paperwork

[Sebastian]

I'm planning to get married in China next month.

 

Here's my steps for proposed paperwork processing.

 

I'm asking for a reality check - just in case I'm missing something.

 

1. go to US Consulate in BeiJing, get certification of 'single man'. Get it translated and stamped.

2. get married in her city.

3. return to usa, file I-130

4. as soon as recv receipt on I-130, file I-129F for K-3 visa process.

 

Thanks in advance !

[david_dawei]

Have a look at this thread:

How to get Married in China

 

I would only strongly have you consider whether to just stick to the I-130/CR1 and not file the I-129F/k3.. once you file the I-129F, it stops the I-130 and you have to pay more money to make that move again (which is a moot point if you stop it and you'll waste your money).

 

I've thought that what a spousal applicant out to do is:

- File the I-130 and wait for the approval notice (P2 or NOA2)

- Then file the I-129F; this way, the I-130 won't stop and the I-129F is more like an insurance policy if the I-130 has any issues.

[Sebastian]

Have a look at this thread:

How to get Married in China

 

I would only strongly have you consider whether to just stick to the I-130/CR1 and not file the I-129F/k3.. once you file the I-129F, it stops the I-130 and you have to pay more money to make that move again (which is a moot point if you stop it and you'll waste your money).

 

I've thought that what a spousal applicant out to do is:

- File the I-130 and wait for the approval notice (P2 or NOA2)

- Then file the I-129F; this way, the I-130 won't stop and the I-129F is more like an insurance policy if the I-130 has any issues.

 

Thanks David - but I thought the K-3 was marginally faster than the K-1 ? I wasn't concerned about the money or additional forms to file.

[david_dawei]

I would tend to agree that the Ks run similarly (there are alot more data points for the k1 than k3, so not so sure how reliable the few k3 points are but it's safe to say basically the same).

 

The problem with focusing on "speed" alone is that one ignores what happens once in the US.

 

As a K3:

- She has to file for adjustment of status in the US; there are a fair number of people who report name check delays over a year; you don't know till you go through it.

- She cannot work; no work authorization

- She cannot get a SSN card till the EAD (work authorization) is filed and received; You'll file the EAD with the AOS.

 

As a CR1:

- Adjustment is done as part of GUZ interview; so no adjustment in US

- She can get SSN after arrival

- She can work (no need for EAD)

 

Besides speed, I will say the K3 is much easier filing than the CR1, its just that the K3 must do that second filing of adjustment in the US. I just would look at the entire picture and consider the heaches of going through another filing process once she is here (and as a K3 unable to do certain things)...

[Sebastian]

Hey David - Thanks for the data points. Gives me a lot to think about!!

[rogerinca]

I'm planning to get married in China next month.

 

Here's my steps for proposed paperwork processing.

 

I'm asking for a reality check - just in case I'm missing something.

 

1. go to US Consulate in BeiJing, get certification of 'single man'. Get it translated and stamped.2. get married in her city.

3. return to usa, file I-130

4. as soon as recv receipt on I-130, file I-129F for K-3 visa process.

 

Thanks in advance !

 

 

In addition to all the good advice David Z. has provided you......

 

Just a point of clarification: Unless your woman is in Beijing or the Beijing region, you do not have to go to the Embassy there for the certification. You can get that done in the US (if you are still here) or at the local US Consulate, in the PRC, which is closest to your woman's city. I know this can be done at GUZ, and would imagine they can still do at the other Consulates as well, and not only at the Embassy in Beijing, unless there has been a change, since the consolidation of the visa program at GUZ ?? Most I believe, find it easier to accomplish while still in the US. I know it took me only one week from start, to certificate in hand, here in California and dealing with the PRC Consulate in SF.

Edited December 29, 2007 by rogerinca (see edit history)

[Shenzhen K-1]

I'm planning to get married in China next month.

 

Here's my steps for proposed paperwork processing.

 

I'm asking for a reality check - just in case I'm missing something.

 

1. go to US Consulate in BeiJing, get certification of 'single man'. Get it translated and stamped.2. get married in her city.

3. return to usa, file I-130

4. as soon as recv receipt on I-130, file I-129F for K-3 visa process.

 

Thanks in advance !

 

 

In addition to all the good advice David Z. has provided you......

 

Just a point of clarification: Unless your woman is in Beijing or the Beijing region, you do not have to go to the Embassy there for the certification. You can get that done in the US (if you are still here) or at the local US Consulate, in the PRC, which is closest to your woman's city. I know this can be done at GUZ, and would imagine they can still do at the other Consulates as well, and not only at the Embassy in Beijing, unless there has been a change, since the consolidation of the visa program at GUZ ?? Most I believe, find it easier to accomplish while still in the US. I know it took me only one week from start, to certificate in hand, here in California and dealing with the PRC Consulate in SF.

 

Good point Roger, but did not see what city he was in or where his Mrs. is from either??

 

It took me almost 45 days to get a single certificate here in Illinois.

 

1. Divorce papers with the raised stamp from the county.

2. Send to the Secratary of States office to certify along with # 3.

3. Make up an Affidavitt of Single Status to include- Address, birth date, passport number, where work, how long single!

4. Send divorce papers and affidavitt to consulate with proper fees and both will retun with 3" X 4" Chinese stamp on it which I can not read!

 

Good Luck!

[rogerinca]

 

Good point Roger, I did not see what city he was in or where his Mrs. is from either??

 

It took me almost 45 days to get a single certificate here in Illinois.

1. Divorce papers with the raised stamp from the county.

2. Send to the Secratary of States office to certify along with # 3.

3. Make up an Affidavitt of Single Status to include- Address, birth date, passport number, where work, how long single!

4. Send divorce papers and affidavitt to consulate with proper fees and both will retun with 3" X 4" Chinese stamp on it which I can not read!

 

Good Luck!

 

Yes,

 

I went over to my local county courthouse and picked up a certified copy of the divorce petition, first thing in the morning. .30 a page for the cert/copy.

 

Went next door to the court and had it notarized at a notary public office. $10.00 in Calif.

 

Drove 45 minutes to the Secretary of State Office in Sacramento and hand carried it to the desk (I was the only one in line) paid the $25.00 certificate fee and another $20.00 fee for express processing, and had their official certificate with the big gold seal on it, in my hand in less than 20 minutes.

 

I then went to the FedEx office in Sac, and express mailed the Secretary of State certification, along with my $20.00 check and the forms for the Chinese Consulate in SF. They had it back to me four working days later, in my self addressed express mail envelope I had enclosed. Six days total to have the Chinese certificate in my hand.

 

I would have driven over to SF, but I figured I would spend more in gas in my F-350 than the roundtrip express mail service. And while I know L.A. like the back of my large hand; I always get lost and pissed-off every time I try to drive in downtown SF !! B)

[david_dawei]

By almost every account reported: It's easier to do it in china... no need to do it in the US.

[Sebastian]

By almost every account reported: It's easier to do it in china... no need to do it in the US.

 

David - ya - it's just 2 things, near as I can tell -

1. the cert from the USA Consulate/Embassy in China

2. a notarized translation copy (into Chinese).

 

Both can be accomplished in the same morning.

I've been told ya need to bring some documents to the consulate (basic stuff like death certificates of prior spouse, divorce documents) and thats it.

 

We both will go to BeiJing for an overnight trip - besides - tripping with her is FUN ! - Well ok - BeiJing is gonna be BRRRRR COLD, but thats ok too.

Edited December 29, 2007 by Darnell (see edit history)

[Shenzhen K-1]

By almost every account reported: It's easier to do it in china... no need to do it in the US.

 

David - ya - it's just 2 things, near as I can tell -

1. the cert from the USA Consulate/Embassy in China

2. a notarized translation copy (into Chinese).

 

Both can be accomplished in the same morning.

I've been told ya need to bring some documents to the consulate (basic stuff like death certificates of prior spouse, divorce documents) and thats it.

 

We both will go to BeiJing for an overnight trip - besides - tripping with her is FUN ! - Well ok - BeiJing is gonna be BRRRRR COLD, but thats ok too.

 

If divorce papers have that little 3" X 4" stamp attached it might be easier??

[Sebastian]

Actually- a friend of mine did this in May.

He brought his document sets, but the Officer didn't ask for them.

He went to the USA Consulate/Embassy in BeiJing.

 

I believe he's going the CR-1 route as well.

 

I'm not sweating getting it done locally in the USA (the proof the Chinese Marriage Registry Office will require) as it really is messy - the local 'State Department Office' for verification/stamp isn't all that 'local'. I'm guessing that if I did it here locally, including the Chinese Consulate processing - it'd take at least 6 weeks in my locale. Ug Ug.

 

 

By almost every account reported: It's easier to do it in china... no need to do it in the US.

 

David - ya - it's just 2 things, near as I can tell -

1. the cert from the USA Consulate/Embassy in China

2. a notarized translation copy (into Chinese).

 

Both can be accomplished in the same morning.

I've been told ya need to bring some documents to the consulate (basic stuff like death certificates of prior spouse, divorce documents) and thats it.

 

We both will go to BeiJing for an overnight trip - besides - tripping with her is FUN ! - Well ok - BeiJing is gonna be BRRRRR COLD, but thats ok too.

 

If divorce papers have that little 3" X 4" stamp attached it might be easier??

[Sebastian]

As a K3:

- She has to file for adjustment of status in the US; there are a fair number of people who report name check delays over a year; you don't know till you go through it.

- She cannot work; no work authorization

- She cannot get a SSN card till the EAD (work authorization) is filed and received; You'll file the EAD with the AOS.

 

As a CR1:

- Adjustment is done as part of GUZ interview; so no adjustment in US

- She can get SSN after arrival

- She can work (no need for EAD)

 

 

Thanks for those data bits, David. I'll study more on CR1 timelines and see if it makes sense for us.