Getting Married In China

[finenn]

This may be a stupid question, but here goes. After the K1 visa is issued at the Consulate in Guangzhou, can we marry in China, then proceed to USA with the K1 visa? After all, the visa itself is good for 90 days, right? Or is it not valid after we marry, regardless of where we are? Would the marriage count in USA when we arrive, so the change of status or whatever it is would apply? Also, is the K1 and K3 visas single entries?

 

Thanks

[Tine & Ella]

Finenn,

Here on Candle no questions are stupid.

 

1. No, for K-1 you must marry in US.

2. The Visa is good for 180 days. You must marry 90 days after your fiancee enters US.

3. K-1 & K-3 is a single entry visa. After she arrives she may apply for A/P.

 

Tine & Ella

Indianapolis

[tonado]

Finenn,

Here on Candle no questions are stupid.

 

1. No, for K-1 you must marry in US.

2. The Visa is good for 180 days. You must marry 90 days after your fiancee enters US.

3. K-1 & K-3 is a single entry visa. After she arrives she may apply for A/P.

 

Tine & Ella

Indianapolis

The K1 visa is only good for 90 days. K1 is single entry visa. K3 is multi-entries.

[Tine & Ella]

Tony,

 

I am looking at my wifes K1 visa. It is good for 180 days. You have 180 days to enter US and 90 days to marry after arrival. K-1 is single entry and you need A/P, and K-3 is multi-entry visa and do not need A/P.

[tonado]

Tony,

 

I am looking at my wifes K1 visa. It is good for 180 days. You have 180 days to enter US and 90 days to marry after arrival. K-1 is single entry and you need A/P, and K-3 is multi-entry visa and do not need A/P.

Tine,

 

Yes.

 

After receiving the visa, you have 6 months (180 days) to come to USA. Once you enter the USA, the visa is good for 90 days. You should get marry within a month because it will take you another month to prepare the AOS filing. 90 days is not that much time.

[finenn]

Thanks for replies.

 

So, we can get married in China, after issuance of a K1 visa? We may want to do that, I just don't want to be harrassed at POE, about being married when she has a fiancee visa?

 

I guess I understand the USA will not "recognize" it as a valid marriage, as far as allowing AOS when she gets here, but is that any different than marrying in China, then applying for a K3? In that case the marriage is valid? I don't get it.

 

Also, I have found some good info on this site about AOS paperwork/documents needed. But what I don't see in black in white, is what exactly are we adjusting, from what to what?

 

Ok so we have 90 days to apply for AOS, but wherever this office is we are sending this stuff to, upon receipt of our AOS package is when a 2 year period of some other status begins?

 

Sorry for the questions,

[Guest hakkamike]

Hi, the rule is to get married within the 90 days of entering the United States. No where does it say that the AOS needs to be filed within that same 90 day time frame that you need to get married in. Lusheng and the twins recieved their Visa's July 31st 2002 and came here last year August the 29th 2002 and we got married on September 12th and waited to file our AOS papers around the 27th or 28th of January 2003. As you can see from our timeline we were right at 60 days or so past that 90 time that they entered the Country before we filed the AOS. We had our AOS interview this past May 8th and everything went fine.

Michael Perez

[Patrick & Li]

The US recognizes marriages abroad. I might be wrong on this so dont quote me. If you marry in China, you will have to then file for the K3. The k1 will no longer be valid!

 

Patrick

[tywy_99]

finenn,

 

that is a good question.

I dont know your situation but China request documents from an American citizen to marry a Chinese citizen. They want any divorce cert. and a single status cert. among other documents/cert. All these papers has to be notarized/authenticated on the local, state, and federal level and finally, authenticated by the Chinese embassy in Wash. D.C., all sporting "seals of approval." Then, in China, the papers need to be translated and presented to the marriage office.

This is all mandatory stateside. Abroad, it may be different, depending.

 

Secondly, why complicate things? If you have K1 visa then why not follow through with the K1 procedure?

 

Just my thoughts,

-Good luck and happy trails

[tonado]

Hi, the rule is to get married within the 90 days of entering the United States. No where does it say that the AOS needs to be filed within that same 90 day time frame that you need to get married in.  Lusheng and the twins recieved their Visa's July 31st 2002 and came here last year August the 29th 2002 and we got married on September 12th and waited to file our AOS papers around the 27th or 28th of January 2003.  As you can see from our timeline we were right at 60 days or so past that 90 time that they entered the Country before we filed the AOS. We had our AOS interview this past May 8th and everything went fine.

                                      Michael Perez

But the K1 visa is only good for 90 days. If you file after 90 days, you have overstay your visa and technically an illegal in this country. Of course, no one will enforce it unless you did something stupid and they do a check on you.

[danswayne]

One question that should be asked is: why do you want to be married in China? Is it so you can share the glorious time with her family and friends? If that is so why not just have the wedding party with all the family and friends and play it off like you are married. I have heard of many people who said their new Chinese family considered them married before they actually did all the legal stuff. Getting married legally in China is very dull and boring, except for the part where you have to drop your pants and let the doctor check you out, depending on the person that could be something you don't want to do. I might be wrong, but in my opinion the banquet and party is the most important part to the Chinese people involved. As long as you follow up and really do get married when you arrive in the USA. If you had the party and banquet and then did not get married they would lose way way too much face and maybe never want to see their friends again so it is real serious.

 

If anyone has any questions about getting married in China I might be able to help I was married there 2 years ago, and I was there for 3 years total. There are others who were there longer than me too. They should be goldmines of info. Marriage is one of the customs that is a little different than what happens over here so it should be handled very carefully.

[Bobby]

Out of curiosity, what if you had the ceremony in China, but didn't do any paperwork? Amongst some of the chinese-chinese couples I know, the majority did the paperwork, lived together for a few years, then had a big ceremony. I'm not sure if this is a cultural thing or not. But I don't see any reason why you couldn't reverse this process. I would just make sure I'm not wearing a ring when I walk through immigration.

[danswayne]

In China no paperwork means no marriage took place. The same thing as here in the States. The ceremony has no legal meaning behind it, it is just to show everyone that you are married. And of course to have fun with everyone too.

[finenn]

Thanks again for the replies,

 

The reason I ask about getting married in China after we receive the K1 visa? I just think it would be the greatest thing, I mean how many times in my life will I ever get married in China to the lady I want to spend the rest of my life with? I don't wish to complicate things, and I'm not in it for the family & friends thing, it's just the meaning behind it to her and myself, that's all. Maybe it would mean just as much to her to be married in USA. She won't tell, mei guanxi. If it will interfere legally in some way with the K1, then forget it.

 

But I still would like to know, what status does she enter into when we file for the AOS? Does it last for 2 years? What's it called? After the 2 years or however long it lasts, what then? Must we apply for permanent status at that time, or before the 2 years is up? Do we have to apply for another status after the 2 year status? If we don't apply for the permanent status, what happens?

 

phew

[notsosimple]

I wanted to provide this info for others contemplating the same question.

 

While waiting to ask questions of the visa officers in Guangzhou, I have overheard conversations regarding the disclosure of previous marriages by the fiance.

 

You have to realize that any previous marriages, but especially any recent ones, are not going to help your case. Any recent marriages are a bit of a red flag for them, breaking down the fiance's credibility. I have heard American petitioners during case appeal interviews trying to rebuild this lost credibility.

 

Also, doesn't your fiance need to present a certificate of her single status? She won't be able to get this document updated if she has already married in China.

 

Leisha