Looking for tips, (I'm a newbie)

[I was Xiaoli's Stephen]

OK, I was directed to this forum by a friend who is a long time member (sorry, I don't know his screen name, only his real name). I am looking for advice from experts and "old timers" on my situation.

 

My girlfriend is a citizen of the Peoples Republic of China, currently residing in Canada. I have know her and corresponded with her for 1 1/2 years. I have driven to Toronto twice to meet her and to spend time together. We want to file K-1 for her and K-3 (I think) for her son. Her son is in Hong Kong and is 16.

 

I have many many questions and the government instructions for the forms were obviously written by someone who works with them daily, as opposed to me, who knows nothing.

 

My first question is, Does my fiancee go through the embassy in Toronto for her portion of this process, or does she need to go back to Xi'an?

 

Second, How is it going to work with her in Canada and her son in Hong Kong? In other words, can we even do the visas together?

 

Well thats a start. I am recovering from abdominal surgery right now so my time here will be haphazard. Please don't think I am ignoring your post if I don't comment for a couple of days. My friend Steve tells me this forum is filled with fantastic people, so I'll say thanks in advance for any help offered. (That includes questions you may have.)

[Sebastian]

She'll have to get some paperwork in China, translated into English, at some point. Study the G-325A form a bit, it's asking for supporting evidence of divorce and child custody.

 

I've not heard of an interview in Toronto for a PRC person, even residing there. Not to say it isn't possible, but just that I've not heard of it.

 

There's a comprensive EZFAQ here - have a long read?

http://candleforlove.com/FAQ/CFL_EZ_FAQ.htm

 

Welcome Aboard !

Edited July 29, 2008 by Darnell (see edit history)

[Guest Rob & Jin]

hello and welcome to CFL.

 

Yes you can certainly file now with them living apart. As far as the interview and embassies is concerned it will be the consulate at Guangzhou that processes their applications.

 

She will need to return anyway to get notarized/translated birth certificates, single(unmarried certs). divorce papers and police certificates from her houkou/ municiple public notary.

 

Also she will need a police certificate from Canada if she has or will have lived there for more than 6 months.

 

good luck

[lostinblue]

Had an exgirlfriend from china who immigrated to toronto and started to do a k-1 on her years ago. . Most important question is what is her status with canada.

[Randy W]

Someone (member name audelair)did this a couple of years ago in Australia. She will interview at the consulate which serves her current residence for a K-visa. Her son might interview in Hong Kong, but then again they may have to keep the paperwork together - I don't think we've seen this.

 

The K-2 child of a fiance is a derivative visa - no paperwork is filed by you (the petitioner). Without the paperwork for the K-1 parent (which would be at the Toronto consulate), I'm not sure they can process it.

 

To have them both processed it Guangzhou (or Hong Kong, wherever she lives in China), you will need to provide her address there on the application. But you can only provide one address, since you are only petitioning for one person.

Edited July 29, 2008 by Randy W (see edit history)

[dnoblett]

OK, I was directed to this forum by a friend who is a long time member (sorry, I don't know his screen name, only his real name). I am looking for advice from experts and "old timers" on my situation.

 

My girlfriend is a citizen of the Peoples Republic of China, currently residing in Canada. I have know her and corresponded with her for 1 1/2 years. I have driven to Toronto twice to meet her and to spend time together. We want to file K-1 for her and K-3 (I think) for her son. Her son is in Hong Kong and is 16.

Son will be K-2, K-3 is Spouse of US citizen. This is a bit complex, son will have to go through the same consulate as mother. Does son have a residency visa for Canada?

I have many many questions and the government instructions for the forms were obviously written by someone who works with them daily, as opposed to me, who knows nothing.

 

My first question is, Does my fiancee go through the embassy in Toronto for her portion of this process, or does she need to go back to Xi'an?

Nearest US consulate having jurisdiction over residence, (Montreal Canada), Toronto does not handle immigrations visas this includes K-Visas. Fiancee will have to acquire a police cert from China, as well as a birth cert. Probably can have a relative living in home town in China get them.

Second, How is it going to work with her in Canada and her son in Hong Kong? In other words, can we even do the visas together?

They have to be done together, other option would be for her to do K-1, and once you are married you file an I-130 for "Step-son" after marriage. The marriage has to be before step son's 18th birthday.

[Randy W]

They have to be done together, other option would be for her to do K-1, and once you are married you file an I-130 for "Step-son" after marriage. The marriage has to be before step son's 18th birthday.

 

They can interview separately, but I think they do have to go to the same consulate which serves the address that you put on the original I-129F petition.

 

The I-130 is a good alternative - two different petitions would be filed, so they could go to the two different consulates. The only drawback is that the processing time for the I-130 could only begin AFTER the marriage, like Dan says, so you're looking at a couple of years to get her son here.

[Guest Rob & Jin]

I would think their easiest route would be k-3/2 or CR-1 and interview together in GUZ, as son lives there.

JMHO

[Randy W]

I would think their easiest route would be k-3/2 or CR-1 and interview together in GUZ, as son lives there.

JMHO

 

 

The derivative visa issues are the same, whether K-1/K-2, K-3/K-4, or CR-1/CR-2. They will have to interview at the same consulate, but not necessarily at the same time.

 

The K-3 (spouse visa), however, would bring in another option - she would interview for the K-3 where you get married (which could be Hong Kong, for example)

 

Those are the options - your choice.

Edited July 29, 2008 by Randy W (see edit history)

[I was Xiaoli's Stephen]

Wow, thanks people. The response is somewhat overwhelming. With respect, some of you are talking way over my head on this subject. I have only downloaded I-129F (with instructions), G-325a, and I-134. I'm still reading and typing on those forms.

 

To those that touched on it. Originally she was going to come alone, she doesn't even have legal custody of her son right now. But she has a promise from his father that custody will be transfered.

 

Right now she tells me she is a "Present Resident" in Canada, there on a work visa (for over a year now). She last lived and worked in Shanghai for four years(we corresponded there for about 6 months). Before that she was in her home town of Xi'an.

 

She tells me the "agency" in Toronto tells her she needs to go back to China for the interview, she cannot do it in Canada since she is not a Canadian citizen.

 

Someone up in Toronto has convinced her she will have a visa before Christmas, and maybe one for her son. I am really getting worried it can be this decade.

 

I don't know how some of you people did it. I don't know what the people who dreamed up this process were smoking, but it can't be store bought .

 

Frankly, I would like to drive to Toronto, bring her back via one of the out-of-the-way sticks boarder crossings, and marry her now. But the thought of Homeland Security tossing her on a plane for China stops those thoughts quick.

 

I think some of you touched on her needing to go back for the interview. Since we haven't filed any paperwork yet, maybe we need to look hard and long at this path.

 

To all that have answer so far, THANKS! You have given us some very important points to ponder.

 

I know this is going to sound real stupid to some of you old-timers but is there a Government Office to call about the whole Canada/China question?

[I was Xiaoli's Stephen]

She'll have to get some paperwork in China, translated into English, at some point. Study the G-325A form a bit, it's asking for supporting evidence of divorce and child custody.

 

I've not heard of an interview in Toronto for a PRC person, even residing there. Not to say it isn't possible, but just that I've not heard of it.

 

There's a comprensive EZFAQ here - have a long read?

http://candleforlove.com/FAQ/CFL_EZ_FAQ.htm

 

Welcome Aboard !

 

Darnell, Thanks for the link. But to be honest, when it opened I think my eyes started to bleed. Information overload!!! But thanks for offering it up.

 

Oh, to Darnell and all, including forum admins, clicking the form links in the FAQ post provided leads only to a government "404 - Page Not Found" screen.

Edited July 30, 2008 by Xiaoli's Stephen (see edit history)

[warpedbored]

I've given this a little thought and the major problem as I see it is a visa for her son. Probably the only way her and her son can interview together is if she returns to China and you marry or file for a fiancee visa based on her residence there. Since she has a legal visa to live and work in Canada I presume that if you file for K-1 she would interview there. Probably a lot faster than China. If you marry in Canada you would also interview there. It may be in your best interests to marry first and file an I-130 for the boy. I may be mistaken but I believe if you are married you can file an I-130 based on a stepparent relationship even if she is still waiting on a visa for herself. this way you will have two visa petitions running concurrently instead of waiting for one to be approved before filing for the other. Anyone see any holes in my thinking here?

[I was Xiaoli's Stephen]

I've given this a little thought and the major problem as I see it is a visa for her son. Probably the only way her and her son can interview together is if she returns to China and you marry or file for a fiancee visa based on her residence there. Since she has a legal visa to live and work in Canada I presume that if you file for K-1 she would interview there. Probably a lot faster than China. If you marry in Canada you would also interview there. It may be in your best interests to marry first and file an I-130 for the boy. I may be mistaken but I believe if you are married you can file an I-130 based on a stepparent relationship even if she is still waiting on a visa for herself. this way you will have two visa petitions running concurrently instead of waiting for one to be approved before filing for the other. Anyone see any holes in my thinking here?

 

warpedbored, thanks for talking in simple terms. Can I ask, if we get married in Canada then I need to do the CR-1 process, not the K-1 process, right? Also, she has the better part of a year to go on her work visa to Canada. I was worried that if she dumped on it early and returned to China, perhaps it would reflect negatively down the road?

[warpedbored]

If you marry in Canada you will need to file an I-130 which would result in a CR-1 visa unless you file an I-129 F after you recieve your notification that the petition was received. This would result in a K-3 visa.

[Tom and Ling]

Hi Xiaoli's Stephen,

 

If you marry your gal in Canada, make sure that you marry in a legal marriage....such as Justice of the peace or what ever is equivalent in Canada.

There was a case about 10 years( maybe 15 years ) back where a guy married his girl in the Philippines but the US Government did not recognize it because it was an off the wall church. The guy at this time had spent two years trying to get a visa for his wife. I don't know what the final out come was but if you marry your gal...just make sure that the US government will recognize the marriage authority in Canada.

 

And either I-130 and/or I-130, K3/k4 would be the way to go....

 

I have also thought of sneaking my wife across the Canadian border, but like you I have thought that Homeland Security would not like it...

 

Tom and Ling