Advice needed from old-timers please

[I was Xiaoli's Stephen]

I come here to CFL when I need expert advice. Here is my situation: I am a US citizen engaged to a Chinese citizen who resides in Canada on a work visa. We had begun to assemble an I-129F package and I had hoped to send it off next week.

 

Today she called me and asked about switching from a K1 visa to a K3. This threw me as we are not married and, I have read on the internet, we cannot be married in Canada as law does not allow two foreign nationals to marry there unless both are on visas to Canada and have resided there for some time. Basically the same requirements you would need to meet for a DCF.

 

She told me that a "Chinese visa Company" (???) in Toronto advised her that the fastest way for us to be together would be for me to come to Canada and we would go to the Chinese Consulate in Toronto and be married there (Civil ceremony). They have told her she can be in the US before the year is out if we arrange this.

 

Everything I read on the internet says a K3 takes as long, or longer, than a K1? Am I misinformed? Is she being scammed? Can anyone give me some advice or input on this? Anyone with actual knowledge of the US and Canadian laws, please join in. Ask any questions that you need to clarify this strange situation.

[LeeFisher3]

I would ask for the visa company to provide some documentation on the process they are promoting. I believe this is true for a Canadian citizen, but your fianc¨¦e has a Chinese passport and I don't know if her work visa in Canada plays any part in making this possible.

 

As for marriage, if the Chinese Embassy or Consulate will register a marriage Canadian law has nothing to do with it inside those structures as you are technically in China once step onto the property.

[shadeOgray]

I would ask for the visa company to provide some documentation on the process they are promoting. I believe this is true for a Canadian citizen, but your fianc¨¦e has a Chinese passport and I don't know if her work visa in Canada plays any part in making this possible.

 

As for marriage, if the Chinese Embassy or Consulate will register a marriage Canadian law has nothing to do with it inside those structures as you are technically in China once step onto the property.

I just came hear to see the first person to respond to OLD TIMER hahaha. I was not disappointed he he.

[Guest Rob & Jin]

k-1 and k-3 take about the same time, neither would get her here by the end of the year.

 

check out the "timelines" thread .

 

good luck

[Randy W]

I think the key here is where the interview would take place. If her status is such that she would have to interview in China, that would take the typical 9 months to a year.

 

If she marries in Canada, however, the K-3 interview would take place in Canada. It's worth looking into. Several of our members had married in Hong Kong, and experienced a MUCH shorter wait because the interview was at that embassy - the consulate at Guangzhou is not involved at all.

 

That visa company may just know what they're talking about

[I was Xiaoli's Stephen]

To LeeFisher3 - Thanks, I will talk with her about getting some type of documentation when we have our weekly Yahoo messenger session on Saturday night. As for the marriage at the Chinese Embassy or Consulate in Toronto, my concern is would a highly organized and traditional culture such as China simply allow "walk-in marriages"? I don't live in Canada and can only visit for 4 or 5 day visits near holidays (my job has limited vacation leave) usually only 2 or 3 times a year. But thanks for the input!

 

To Rob & Jin - Thanks, I had already checked out the "time lines" postings both here and on the VJ board. I pointed these out to Xiaoli, but she is getting advice from many different Chinese sources in Toronto. When she talked with a Chinese immigration attorney there, she was told she would need to take her interview back at Guangzhou for several reasons. The most worrisome reason for her being that her 16 year old son is still in Xi'an with family, "how would he get his K2 visa"? Now this "Visa Company" is telling her a new and different plan for a fast visa. I am worried she may be getting scammed.

 

To Randy W - Thanks and Hi, I think you gave me similar advice back in July when I posted a thread asking about having her interview in Canada. I never did get a chance to email Monteal, but I did verify with the Toronto Consulate that ONLY the Montreal facility does K type visas for all of Canada, much like Guangzhou in China. I hope I can keep her from spending more of her money before I get a chance to contact Montreal. I will shoot them an email ASAP.

 

To all - Thank you for the great input and advice. Having her bring this Visa Company up now, when I was nearly ready to submit our I-129F package is very disconcerting. I know the clock doesn't start ticking until the I-129F is officially received, but that it is already ticking on all the official documents and translations I am currently holding. Does anyone on CFL have any personal experience with Montreal?

[LeeFisher3]

Here's the VJ Timelines for the different visas and types

 

K3 Visa Timelines

K1 Visa Timelines

IR1 & CR1 Visa Timelines

 

I'm seeing a few very fast cases, but not enough to think that's normal.

Edited October 31, 2008 by LeeFisher3 (see edit history)

[I was Xiaoli's Stephen]

Here's the VJ Timelines for the different visas and types

 

K3 Visa Timelines

K1 Visa Timelines

IR1 & CR1 Visa Timelines

 

I'm seeing a few very fast cases, but not enough to think that's normal.

 

Thanks LeeFisher3. Those are the same time lines I found when I looked. I still don't get how any "visa company" can offer a faster route through the established official process. From what I see it take what time it takes, period. I tried to get more info on this visa company, but since Toronto is almost a Chinese city itself, she is not giving me any further info. Thanks for the reply!

 

By the way, for any USA couples that want a great taste of china on the cheep (no airline ticket expense) try Toronto. Dozens and dozens of Chinese Markets, restaurants, and shops everywhere. Many businesses in Toronto sport signs in Chinese first, then English below.

Edited November 1, 2008 by Xiaoli's Stephen (see edit history)

[Guest jin979]

Here's the VJ Timelines for the different visas and types

 

K3 Visa Timelines

K1 Visa Timelines

IR1 & CR1 Visa Timelines

 

I'm seeing a few very fast cases, but not enough to think that's normal.

 

Thanks LeeFisher3. Those are the same time lines I found when I looked. I still don't get how any "visa company" can offer a faster route through the established official process. From what I see it take what time it takes, period. I tried to get more info on this visa company, but since Toronto is almost a Chinese city itself, she is not giving me any further info. Thanks for the reply!

 

By the way, for any USA couples that want a great taste of china on the cheep (no airline ticket expense) try Toronto. Dozens and dozens of Chinese Markets, restaurants, and shops everywhere. Many businesses in Toronto sport signs in Chinese first, then English below.

 

 

k visas are done in Montreal, maybe CR-I faster at other consulates ?

 

I dont think it can happen in 2-3 months anywhere

[Sebastian]

I dunno - the hurdle I see is to get around the USC residency requirement for issuing a canadian marriage certificate.

 

You get around that one? Then I think it's possible - file I-130 to Guangzhou, K-3/I-129F to Montreal . But barely squeaky. I sent you a PM, have a look ?

 

I don't know about civil ceremonies at the Chinese Consulate in Toronto, but in Houston - they don't do it. Or at least there's not a listed fee for it.

 

I also don't think she'd be here by the end of the year - as it goes - NOA1-I-130, NOA-1-I-129F, NOA2-130, NOA-2-I129F. Sure, the last two might be concurrent, but there's still the lag between NOA1 and NOA2.

 

She'd have some travel issues (i think?) with getting a police report in china. If a relative can obtain that for her and mail it to her, then maybe it could work.

 

I am truly doubtful though - yer gonna be like a guinea pig.

 

In any event, check the PM I sent to you.

 

Warmest Regards...

Edited November 1, 2008 by Darnell (see edit history)

[warpedbored]

Timelines for Canadian visas are shorter than China I am sure. If you marry in Canada then that is where the interview will take place as Randy said. It would likely be much faster than a K-1 through China but I doubt it would be before the end of the year. There is still the same time required for processing in the US as any other country. It has to be approved by the sevice center where you filed before it is sent to the country where you have the interview. Name checks are still required. The only difference will be the a shorter back log in Canada than China. From what I can find neither of you have to be a resident of Canada to marry there.

 

Where to Get Marriage License:

From a Marriage Licence Issuer (MLI) at any Registry Agent Office.

ID Requirement:

Proof of identification such as a Driver License, passport, or birth certificate. You also need to know the full names (maiden name) and birthplaces of your parents.

Residency Requirement:

You do not have to be a resident of Canada. However, you must apply together.

Previous Marriages:

Proof of the divorce or annulment in the form of the Certificate of Divorce or Decree Absolute must be provided.

Widowed:

Proof of death is required.

Covenant Marriage Option :

No.

Waiting Period:

None.

Fees:

Rates may vary between Marriage Commissioners. Some require cash only.

Other Tests:

No other tests required.

Proxy Marriages:

No.

Cousin Marriages: Yes.

 

Common Law Marriages: No.

 

Same Sex Marriages: Yes.

 

Under 18: Applicants under 18 years of age but over 16 need to have parental or court consent. The consent form must be signed before a marriage licence issuer, the clergy performing the ceremony or any person authorized to take affidavits. A male minor, under the age of 16 years, may not get married under any circumstances. The law does state that in some situations, a judge may say that parental consent is not necessary. It might be possible to marry under the age of 16 if you get a letter from a medical doctor saying that you are the mother of a living child or you are pregnant.

 

Witnesses: Two over the age of 16.

 

Miscellaneous: License is valid for 90 days.

 

http://marriage.about.com/cs/marriagelicenses/p/canada.htm

[I was Xiaoli's Stephen]

I dunno - the hurdle I see is to get around the USC residency requirement for issuing a canadian marriage certificate.

 

You get around that one? Then I think it's possible - file I-130 to Guangzhou, K-3/I-129F to Toronto . But barely squeaky. I sent you a PM, have a look ?

 

I don't know about civil ceremonies at the Chinese Consulate in Toronto, but in Houston - they don't do it. Or at least there's not a listed fee for it.

 

I also don't think she'd be here by the end of the year - as it goes - NOA1-I-130, NOA-1-I-129F, NOA2-130, NOA-2-I129F. Sure, the last two might be concurrent, but there's still the lag between NOA1 and NOA2.

 

She'd have some travel issues (i think?) with getting a police report in china. If a relative can obtain that for her and mail it to her, then maybe it could work.

 

I am truly doubtful though - yer gonna be like a guinea pig.

 

In any event, check the PM I sent to you.

 

Warmest Regards...

 

Darnell, thanks for the input. Maybe someone reading this can tag into the CFL info files that in Canada ALL K and CR visas are processed only through Montreal. Toronto and the other Canadian consulates handle only NIV's (student, work, etc). I got this as an official reply from the Toronto Consulate.

 

I still think she is getting some really bad info from someone there. Everyone here appears to agree that there is no fast way to bypass the system. Oh Darnell, I got the PM, sorry I don't have their number. I'll try to get it, if I can without causing any problems between her and I. These new wrinkles in the process are already causing a strain.

 

Thanks!!!

[Sebastian]

Ya, sorry, my bad - I did change it to read Montreal later

[I was Xiaoli's Stephen]

Timelines for Canadian visas are shorter than China I am sure. If you marry in Canada then that is where the interview will take place as Randy said. It would likely be much faster than a K-1 through China but I doubt it would be before the end of the year. There is still the same time required for processing in the US as any other country. It has to be approved by the sevice center where you filed before it is sent to the country where you have the interview. Name checks are still required. The only difference will be the a shorter back log in Canada than China. From what I can find neither of you have to be a resident of Canada to marry there.

 

 

http://marriage.about.com/cs/marriagelicenses/p/canada.htm

 

warpedbored, thanks, I have heard this same thing before. She even got this same info from a Canadian immigration attorney she consulted. This situation is actually far more complex than I have layed out here. She really wants to wait and become a "Resident" of Canada before we marry, so that her son in Xi'an can come there to attend college. If she follows this plan, she will not be able to come to the US until sometime in 2010 or 2011. Maybe this is a bit much?

 

Besides, the US has many fantastic colleges and universities. Ours may be more expensive, but I would be happy to help with this difference in cost.

 

Also, I think her becoming a Resident of Canada as well as a Chinese National would really make it hard to get the K1 to go through. Any thoughts on this?

[LeeFisher3]

I believe she was speaking of you getting married in China not Canada, that was the reason she mentioned the Chinese Embassy. The rules are quite different between these countries marriage laws.

 

There have been a number of cases where someone from Canada who married a USC was allowed to enter on a visitors visa during processing. This may be what she is talking about.

 

The Canadian residency thing will go away as soon as she accepts a Green Card. Canada is pretty hard core about not allowing you to be an LPR of Canada and the US.