Confused...

[xiaofeizhu]

Hello everyone!

 

I am so glad I found this message board! I'm a US citizen, who met my Chinese husband while we were both studying in Japan. We got married in Japan...which has really complicated our situation! I finally was able to turn in my I-130 at the Beijing DHS office. I have a few questions for anyone who knows anything:

 

1. If I want to file for a K3 visa, I was told I must return to Japan...is this true? Also, does my husband also need to be in Japan? I can get into Japan on the visa-waiver program, but he will need a visa...which may be difficult...

 

2. I would just like to know what anyone thinks about this, is it just better to wait in China and hope that it wont take too long to get an interview in Guangzhou?

 

3. I am still confused about the K3 visa in general...if I were to apply for a K3 and my husband goes to America on the K3 visa, what happens to the I-130? Does he then have to file for AOS?

 

Thank you for reading!! Any help/advice would be greatly appreciated. Also anyone who has experience of being married in a different country, please let me know!! Thanks!

[Guest Rob & Jin]

your best route is DCF of CRI-1/IR-1, faster and no need to adjust status.

 

Good luck and welcome to CFL

[Randy W]

Hello everyone!

 

I am so glad I found this message board! I'm a US citizen, who met my Chinese husband while we were both studying in Japan. We got married in Japan...which has really complicated our situation! I finally was able to turn in my I-130 at the Beijing DHS office. I have a few questions for anyone who knows anything:

 

1. If I want to file for a K3 visa, I was told I must return to Japan...is this true? Also, does my husband also need to be in Japan? I can get into Japan on the visa-waiver program, but he will need a visa...which may be difficult...

 

2. I would just like to know what anyone thinks about this, is it just better to wait in China and hope that it wont take too long to get an interview in Guangzhou?

 

3. I am still confused about the K3 visa in general...if I were to apply for a K3 and my husband goes to America on the K3 visa, what happens to the I-130? Does he then have to file for AOS?

 

Thank you for reading!! Any help/advice would be greatly appreciated. Also anyone who has experience of being married in a different country, please let me know!! Thanks!

DCF is the informal term for filing at an overseas consulate/embassy.

 

1. Normally, a K3 interview is held in the country where the marriage took place. This would most likely be a BIG advantage for you. Check Japanese timelines at Visajourney.com. Your husband would not be required to attend. - edit - oops - He would be required - you would not.

 

2. Again, check the timelines to decide. The I-130 would most likely be processed faster than the K-3, although a Japanese K-3 would most likely be faster than a Chinese K-3. Check the timelines.

 

3. If he uses the K3 visa, he still has the option of either returning to Japan for the I-130, or adjusting status in the US.

 

I'm not sure whether it's possible for him to have the I-130 (CR-1) interview in China. This would probably be the slowest option.

Edited February 3, 2008 by Randy W (see edit history)

[david_dawei]

You've already filed for the fastest method available...

 

Forget the K3.... pursue the I-130 filed at BJ (interview at GUZ) for a CR-1 visa...

[xiaofeizhu]

Thanks for the responses!! I've been so stressed out over this whole issue. It's been over a year since I've started preparing all the forms, and even though I finally was able to turn in my I-130 through DCF I guess I'm still searching for the faster route. Hehe. Thanks again!