K1, CR1/DCF ?

[JimS.]

OK I was going to go for the K1, but after much reading I'm having second thoughts or is it third now

My Liangliang wants to get married in China and I can understand this. She doesn't say it but I know she wants her Mother there for the wedding.

OK I have a couple of RED flags

 

1. I'm in the middle of a Divorce. I'm fighting for custody of my 2 kids (15 and 12).

 

Not a red flag, but It's my time to take in my Mother. She has been living with my sister for the last 12 years and they fight all the time. My sister has became the mom..LOL

 

I've been thinking of doing the DCF, my work right now is in Abu Dhabi, UAE (OK second RED flag, some will know what I'm talking about here)

 

When I go back this time I'm getting a Resident visa for UAE( my work wants this), but again I know it'll be a red flag to file there. Unless someone know different, please let me know..pm, email or here..TIA

 

Or since my work doesn't care were I live, I could move to China and go for the DCF there. I wonder if I can hold 2 resident visas?? UAE and China..

 

I'm really thinking that the DCF is a better choice for me because I spent most of my time overseas anyways. I've only been back in the states for 2 1/2 months this year. 1 month was due to someone quiting

in the HQ office and me filling in until they hired someone.

[Guest Rob & Jin]

Its up to you

 

Just remember you need to be divorced first and have plenty of proof of relationship up front for DCF, 6 months residency in China before filing, have filed your tax returns in the USA and have solid "domicle" in the USA.

 

Good luck

 

 

Ps they have been examples of the DOS calling you for a pre-approval interview at the embassy/ consulate before NOA2, so be ready to fly to china for that, if you leave China after filing. They seem to be getting suspicious of people moving to china for just a few months to file DCF

Edited July 6, 2008 by Rob & Jin (see edit history)

[Sebastian]

If you wish to go the I-130 CR-1 or K3 route, you must be legally divorced first. I can't see a way of getting around that.

 

When you marry in China, you must show proof of 'available to marry', and IMO, still being legally married and then marrying in China would be some form of fraud.

[JimS.]

I know I must be divorced first before marrying again/and or filing. I just know from reading here that starting a relationship while still in the Divorce stage is a flag.

I wasn't out looking for anyone when I meet Liangliang, I had been separated for 3 months or so and wasn't dating or out looking for any action.

 

Flying to China is not a problem for me, I work for a small airline and we have 2 flights a week into China from were I work. And I can fly standby for the airline that hired us and they have several flights a week.

Edited July 6, 2008 by JimS. (see edit history)

[Guest Rob & Jin]

i was not divorced ( seperated with proof) before meeting , no problem for visa, same for others

[rogerinca]

i was not divorced ( seperated with proof) before meeting , no problem for visa, same for others

 

 

So true !!!

[jim_julian]

Jim ... a few points:

 

1. Regarding Liangliang's desire to get married in China, this has been posted before but I don't know if you've seen it. Often a "wedding" banquet, sometimes combined with a "wedding" ceremony will fill the bill for her Mom and family. You can do all of this and file as a K-1 as long as you don't do the civil government marriage registration (red book). We were K-1 and did this. The family considered us married despite the fact that it wasn't until a month later that we actually got married in the US.

 

2. We met when I was married and separated and filed the K-1 a few days after the divorce became final.

 

3. Your having a good job and good earnings will mitigate many things.

 

4. Do I understand your Mom will be living with you in the UAE or China? That may be a rough go for your Mom.

 

5. I'll PM you on other UAE issues.

[JimS.]

Jim ... a few points:

 

1. Regarding Liangliang's desire to get married in China, this has been posted before but I don't know if you've seen it. Often a "wedding" banquet, sometimes combined with a "wedding" ceremony will fill the bill for her Mom and family. You can do all of this and file as a K-1 as long as you don't do the civil government marriage registration (red book). We were K-1 and did this. The family considered us married despite the fact that it wasn't until a month later that we actually got married in the US.

 

2. We met when I was married and separated and filed the K-1 a few days after the divorce became final.

 

3. Your having a good job and good earnings will mitigate many things.

 

4. Do I understand your Mom will be living with you in the UAE or China? That may be a rough go for your Mom.

 

5. I'll PM you on other UAE issues.

5. No I own a house in US near Atlanta, my mom with move there and help with my kids.

3. I'm well above the poverty rate, so no problem there.

Glad to here #2

1. No I think she really wants the full wedding in China, but I will clarify with her next time we talk. I had already plan on 2 weddings anyway.

 

thanks

Jim

 

hmm am I thanking you jim or myself...lol

Edited July 6, 2008 by JimS. (see edit history)

[Corbin]

Do a small thread jacking here......

 

If one marries in China, can you marry the same lady in the US after she is here or would it just be a go through the motions type thing?

 

I know some may ask why........

More just wondering than anything else.........

[JimS.]

Do a small thread jacking here......

 

If one marries in China, can you marry the same lady in the US after she is here or would it just be a go through the motions type thing?

 

I know some may ask why........

More just wondering than anything else.........

It's just going thru the motions, if you do the civil government marriage registration (red book) like jim_julian said.

[Tom and Ling]

Hi Corbin,

 

You can marry again in the US, it is a second marriage to the same person but plenty of people that I know have done this. Married in China and married in the states....For the people that do this, you can get married by the Justice of the peace or a full blown wedding, but this would be considered marrying your wife a second time, since you were married in the first place in China...... What it is ...is that people who have done this ...Do it for two reasons..1. to get a US marriage license and a wedding for the family in the US......

 

And Jims.....you will have to figure your poverty line on yourself, your Chinese wife,your mother, and two kids...you probably are well above the poverty line, but if you win your custody case and your mother lives with you...that would be 5 people in the house hold, but your job sounds that you will not have to worry about this.....

 

Tom and Ling

 

 

 

 

Do a small thread jacking here......

 

If one marries in China, can you marry the same lady in the US after she is here or would it just be a go through the motions type thing?

 

I know some may ask why........

More just wondering than anything else.........

[JimS.]

And Jims.....you will have to figure your poverty line on yourself, your Chinese wife,your mother, and two kids...you probably are well above the poverty line, but if you win your custody case and your mother lives with you...that would be 5 people in the house hold, but your job sounds that you will not have to worry about this.....

 

Tom and Ling

No poverty line isn't a problem.

 

Soon to be Ex is being civil at this point and I'm trying to keep it that way.