Very first steps

[jsa23]

Hi all,

 

I found this site while trying to understand the entire process of bringing a Chinese national to the US, such that I could explain to my girlfriend of 2 1/2 years everything that would be involved, such that I can inform her of what to expect, before asking her to commit to something without knowing what she's getting into.

 

Anyhow, in my particular situation, we met in 2006 when I was working in Fuzhou for several months, then were(mostly) long-distance for nearly 2 years, and now I'm likely going to be spending 75% of my time over the next year working in China(Fuzhou primarily once again), though it's not technically an expat assignment.

 

I'm particularly interested in the implications of the various visa options: (If there are links to pre-existing threads with this information, that'd be great)

 

-Are there significant complications for some of the visa types for someone in my situation(primarily working outside the U.S)? Are there options that work well for someone spending the majority of their time in China? The perfect solution would obviously be something that we could put through the process while I am working in China that would allow us to come back together to the U.S. as a couple after my work here concludes, minimizing time spent apart.

 

-How do the K3 and CR-1 differ?

 

-If we opt to get married in China, I know additional proof such as joint tax documents, financial satements, etc are recommended as evidence to establish the validity of the marriage, but knowing the process ahead of us, is there additional evidence we should be collecting/holding onto now, with this in mind?

 

 

Thanks in advance for any information. This site is a really great resource.

Edited February 28, 2009 by jsa23 (see edit history)

[georgeandli]

jsa23, Welcome to Candle. Could you have picked a harder question? Sorry, that was a joke. That is an impossible question to answer. Each class has its own plus and minus side. Add in the fact that your own circumstance is unique and what works for one doesn't apply to another.... You will need to do research and decide with your SO what path to follow. You might want to start in the FAQ section. Dave Z has got it set up pretty good. Check out the different petition types then you'll have to match up the all important timelines to see how long it's taking for each type. If you haven't yet, start documenting EVERYTHING. I mean phone logs, letters, photos...this will be the kitchen sink. The time and effort you put in now will save time and trouble down the road.

[credzba]

jsa23, I came here about 3 years ago asking the same thing, and listened to many points of view. However, after consideration I went CR/1, and I am a strong advocate that the CR/1 is far better than any of the other choices. At the end it is of course your decision, but here is my thoughts on the 3 options.

 

CR/1 and IR/1 are the same thing except the CR/1 is for couples married less than 2 years.

 

K3 is no longer even a consideration. It was created as a way that a married couple couple be together sooner when the CR/1 was taking years to process. Now, the CR/1 is within 1 month being the same time as the K3.

The CR/1 gives your spouse a green card in her hands within 2 weeks of arrival in USA. After that another 2 weeks and she has a social security card, and can get a drivers license, bank account, and all the other things that US citizens use in every day life.

K3 requires you to file AOS after arrival in USA, and it can be a year before your spouse actually has a green card in her hand. Also, AOS will cost you another $500 or so. The amount and time to get green card are not exact, because I didn't go that route, and truthfully I can't imagine why anyone does anymore.

 

K1 requires you to marry in the USA within 90 days. It is about 3-4 months faster to get than the CR/1, and has all the AOS fees and waiting the K3 had.

For young couples who want to marry in USA it is reasonable. I did not choose it because my wife wanted to marry in China.

 

You will read the biggest "fear factor" in China process is that the interview will decide that your relationship is not real, and will reject your spouses application on the basis it is a marriage for the purpose of visa fraud only.

 

In this, CR/1 has advantages over K1. With K1 it is difficult to show joint ownership and mixing of finances, because your not married yet.

With CR/1 my wife and I bought property with both our names on it, had the mortgage in both our names, had her covered on my insurance plan, filed my taxes as married couple.. so many things that were solid proof of marriage, and were natural because we WERE married.

With K1, it is more difficult to "prove" a relationship.

 

Finally, there is a choice you didn't consider. The CR/1 has the option of DCF if you live in China for more than 6 months (and even this some people say all you need is a work visa in China which you will have, so perhaps you could even file earlier).

DCF processes in about 6 months total, is filed at US embassy in China, and has a success rate of almost 100% in getting the visa.

You have to be married to file the DCF.

 

My suggestion? Marry the love of your life, and start your life together as soon as possible. File DCF, and have the green card waiting for you when your work assignment is complete.

(dcf takes 6 months, and then visa is good for 6 months. worst case you might have to fly her into and back out of a US port of entry if the 6 months gets close to expiration after the visa is granted. But would a hawaii vacation really be THAT bad? )

 

Best wishes.

 

For full disclosure, I should state that I am a STRONG proponent of CR/1, IR/1 visas, so any bias you might read is only based on the fact that I did CR/1, and both my wife and I think it worked out great.

Edited February 28, 2009 by credzba (see edit history)

[dale7570]

i agree with crezba, i think the ir-1,cr-1/dcf is your best option.

Edited February 28, 2009 by dale7570 (see edit history)

[HKG]

Is marriage in China all you need to file for a CR1? Do you need to live in China for any amount of time? In short what is the CR1?

[mikepellicore]

If this is your fiancee's first marriage, and her family approves, I think your fiancee will want to marry in China. You can always have a wedding ceremony again in the states for your family, without the official (state/county) marriage papers. You could still have a church wedding in the states, only the priest/minister would not be responsible for civil papers. You could do it the other way around, but (officially) it doesn't make any difference, except for the visa application, K-1 (official marriage in China) or K-3/CR-1 (official marriage in USA).

Many here have had a wedding (RECEPTION) ceremony, without the (official) marriage registration in China and filed K-1 so that they could get to the US as quickly as possible and marry here, but in your case, you could marry, file DCF for CR-1, and be with your wife while you wait for the CR-1. If your job is flexible enough, you could plan the visa interview close to the time you will be returning to the states. With the CR-1, the paper work in the US is much easier, and it is a little less expensive. Good luck which ever path you choose! Mike & Yizhen

[Bert]

I've spent most of my time in China over the last year, but I did it on a multi-entry business visa, not a work visa. Rightly or wrongly, after considering all the options, I chose to go with the K1 visa.

 

She wanted to get married in December 08, but then I would have had to wait until after the wedding to file the paperwork, so we decided to get married in China. They wouldn't marry us in Shanghai, since her ID was in Wuhan. We went to Wuhan, but they wouldn't marry us because I didn't have a single certificate. I got a singe certificate from the consulate in Shanghai, but, by then, we reconsidered.

 

The problem with getting married first was that the burden of proof is higher once you are married. A bonafide marriage has to be proved by having joint property, bank accounts, joint leases, etc. Since I was not expat and didn't have a work visa, I didn't see any way of accomplishing this. A fiancee visa is marginally faster, since the burden of proof is less. One is not expected to have joint bank accounts, leases, etc. The fiancee is coming to the US for the express purpose of marrying and the assumption is that one is not living as a married couple.

 

For us, I still think the K1 visa was the best approach, although people here have had success and failures both ways.

[warpedbored]

Glad to hear you settled on a course of action. Everyone has their own spin on why one is better than another. In truth the choice is a highly personal one with many factors to consider. If your priority is to be with your sweet heart as fast as possible then by all means choose

K-1. Some couples feel more secure being married, if so then K-3 or CR-1 are your only options. Sometimes the family wants you to show you are sincere and insist on a wedding. If you decide marriage but want to be with her ASAP then K-3 is the option. I will agree that CR-1 is probably the best option should one decide to marry but hey, who wants to wait another month or three after being apart a year already.

 

As you can see there are many factors to consider and no one size fits all.

[Chad]

I went the CR1 route as well. It may take a bit longer then the CR1, but when you get here you get your GC, then SSN and your off. I didnt show proof of owned property or bank or anything and she got over here just fine. With you working over there I would say Cr1/Ir1/DCF would be the best way to go, like mentioned earlier. Have the GC waiting for her, you get to go through the whole process while seeing her every day, you suck for that bye the way!

 

Now that she is here she is on the bank account, was on my ins but now is seperate$$ (I still pay), but that is it. I should probably redo the house but, I dont see why I should put the energy into it, it is a marital asset anyway. They wouldnt let me put her name on the new vehicle casue she didnt have a job so we put her car in her name alone, she wanted to "own" something. We do have a 13 month old son now, so if that aint proof of relationship I am not sure what is.

Edited February 28, 2009 by Chad (see edit history)

[BrokenHeart]

We are going K-3, even though the CR-1 is also ready. The wife did not want to go back to GUZ for the interview, they were very tough on her, plus the denial. At least I can attend the interview at HK very shortly, and I really have all the "ducks in a row" this time. We are waiting for the P-4 package. Plus today is our 2nd Wedding Anniversary.

[Stepbrow]

Is marriage in China all you need to file for a CR1? Do you need to live in China for any amount of time? In short what is the CR1?

 

 

HKG,

The CR1 is an Immigrant visa, which differs from the K visa, which is a non-immigrant visa. The "C" stands for conditional. The IR1 is a standard immigrant visa. The IR1 status requires that you have been married for a minimum of 2 years. If you have been married less than 2 years she gets the CR1visa. The Immigrant visa follows the I-130 just like the K-3. You just make the choice to file for Immgrant vs. Non-Immigrant.

 

If you K-3 visa is denied, you can file the petition for the Immigrant visa.

[jst]

I wonder about the CR1 and K3. I know the difference but is the k3 faster than the cr1. Also with a k3, one can get married in Hong Kong and go for the interview in Hong Kong. I think just for this reason it is better to do a K3. Am I correct in saying so? Also as for having everything as joint accounts, I can see how to add your spouse onbank accounts and motor vehicles as well as property and anything else until she gets here and get a SSN and she actually signs her name to everything. I mean it is a joke for them to expect this before she arrives here.

[HKG]

Is there an interview with CR1, does the dreaded non-bonafide still lurk?

[warpedbored]

Yes there is an interview for CR-1. All visas from China require an interview.

[Stepbrow]

Is there an interview with CR1, does the dreaded non-bonafide still lurk?

 

 

Yes, you still have the possibility of the "non-bonifide" relationship issue.