I am now a LAO GONG

[jst]

Ok, I took the leap hear in China today and got married to the most wonderrful lady in the world (aside from all of your most wonderful ladies) and I am ready to start the process. This is my second trip of 3 plus weeks. We decided to get married this trip knowing the long process we have ahead of us. So today we tied the knot. Up until last night I was all gung ho for this and than last night I was so preoccupied with so many thoughts I was nervous this morning. We went to city hall and got married and I am really glad we did. I do know I have a women who fits with me more than I could ever believe. I love every minute with her.

 

On to the reason for this post. I am going home in a few days to file the paper work. This is my second marriage and my first was from a lady from Vietnam. A complete scam. I was married for 2.5 years and she cheated with a friend and lied so bad. I did a K! in that case and did it alone without an attorney.

 

I am thinking that since I have a prior foreign marriage I will have red flags. I've spoken to several attorneys including Marc Ellis and John Roth and several others. Most seem to think I will have no red flags since I was able to get my ex to write a letter on my behalf for my new marriage as they all suggested. My family to include my father, mother, sister and niece will all be coming to China in late June for our wedding party. They will also all write letters on my and my wife's behalf. Also my father just retired from the Dept. of Defense with very high security clearance so I think and hope his letter alone will have a lot of weight. Also the fact they will all fly to China for our reception. Nobody came to my first and no letters were written for my first. These reasons are part of the reason the attorneys tell me I should have no red flags.

 

I think I will do a K3. Is the first paperwork I file the I-129. Also aside from our wedding paperwork from here in China, what paperwork will I need from my wife to start. I think I do not need anything else. I believe I only need the additional paperwork when I file the K3. Any help would be great

 

Thanks

JS

[dnoblett]

K-3 reqires first filing the I-130 for a Spousal visa, and then filing I-129F for the OPTIONAL K-3.

 

K-3 was developed ate a time when I-130 was taking a very long time to process through USCIS. This is no longer the case, when you file the I-129F, USCIS places the I-130 on hold, to match it up with the I-129F and then approve them both at the same time. This negates the reason the K-3 was developed (Entry to USA and waiting to I-130 to be approved.)

 

Sometimes filing I-129F slows things at USCIS, and lately USCIS has been approving both I-130 and I-129F on the same date which negates the original reason for the K-3, (The K-3 was for travel to USA and waiting to I-130 Approval).

 

 

K-3 is an optional visa process that was developed at a time when I-130 was taking a long time to process when compared with K-1 fiancee visa, the K-3 allowed the prospective immigrant to enter the USA and wait for I-130 to be approved. However since USCIS has been approving the I-130 and I0129F at the same time lately the reason for the K-3 no longer exists, the 2 visa processes tend to be about the same time to approve through to a visa.

 

For the most part CR-1 tends to be the same time as the K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

 

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

 

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

 

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

 

Address any redflags by filing redflag evidence up front "Front-Loading".

 

Guide:

 

http://www.visajourney.com/forums/index.ph...page=i130guide1

 

http://www.visajourney.com/forums/index.ph...mp;page=k3guide

Edited April 27, 2009 by dnoblett (see edit history)

[Randy W]

A little bit of canned editorial opinion there.

 

Nonetheless, K-3 is there and IS an option. It's up to you to do your own due diligence and decide what's best for you,

 

But like Dan says, you file the I-130 first

[Guest Tony n Terrific]

Ok, I took the leap hear in China today and got married to the most wonderrful lady in the world (aside from all of your most wonderful ladies) and I am ready to start the process. This is my second trip of 3 plus weeks. We decided to get married this trip knowing the long process we have ahead of us. So today we tied the knot. Up until last night I was all gung ho for this and than last night I was so preoccupied with so many thoughts I was nervous this morning. We went to city hall and got married and I am really glad we did. I do know I have a women who fits with me more than I could ever believe. I love every minute with her.

 

On to the reason for this post. I am going home in a few days to file the paper work. This is my second marriage and my first was from a lady from Vietnam. A complete scam. I was married for 2.5 years and she cheated with a friend and lied so bad. I did a K! in that case and did it alone without an attorney.

 

I am thinking that since I have a prior foreign marriage I will have red flags. I've spoken to several attorneys including Marc Ellis and John Roth and several others. Most seem to think I will have no red flags since I was able to get my ex to write a letter on my behalf for my new marriage as they all suggested. My family to include my father, mother, sister and niece will all be coming to China in late June for our wedding party. They will also all write letters on my and my wife's behalf. Also my father just retired from the Dept. of Defense with very high security clearance so I think and hope his letter alone will have a lot of weight. Also the fact they will all fly to China for our reception. Nobody came to my first and no letters were written for my first. These reasons are part of the reason the attorneys tell me I should have no red flags.

 

I think I will do a K3. Is the first paperwork I file the I-129. Also aside from our wedding paperwork from here in China, what paperwork will I need from my wife to start. I think I do not need anything else. I believe I only need the additional paperwork when I file the K3. Any help would be great

 

Thanks

JS

1st of all congratulations on your new marriage! May you always be blessed with happiness and prosperity.

There are some other fellows that had a foriegn wife before and things did not work out for what ever the reason. New Day 2006 is one comes to mind that has had a successful visa after his 1st marriage failed. Maybe Charles you can through some light to this fellow.

Edited April 27, 2009 by Tony n Terrific (see edit history)

[rogerinca]

A little bit of canned editorial opinion there.

 

Nonetheless, K-3 is there and IS an option. It's up to you to do your own due diligence and decide what's best for you,

 

But like Dan says, you file the I-130 first

 

 

Randy, I am a K-3/K-4 filer and I agree with your assessment.

 

Moreover, I am not convinced that the K-3 is, in fact, running at the "same" time line as the CR-1. When we had those delays in the process at the CSC over a year ago, the K-3's did slow to within about a month of the CR. However, I have not observed a consistent pattern of that remaining as we have exited that period of delay at the service centers.

 

I have observed some, to now be running more than one or two months ahead of the CR-1, over at VJ. We have fewer cases here at CFL to form a clear picture of what is now developing in this regard.

 

I realize that the CR-1 has some advantages. But if you want to marry in China, and are not in a rush to have your wife work soon after arrival in the USA, then the K-3 is still an option, if you want her here in the fastest possible period of time, while still marrying her in the PRC.

 

I think all who are embarking on this journey, need to fully research each of the visa types, and then make a decision based on their individual needs.

[dnoblett]

A little bit of canned editorial opinion there.

 

Nonetheless, K-3 is there and IS an option. It's up to you to do your own due diligence and decide what's best for you,

 

But like Dan says, you file the I-130 first

 

 

Randy, I am a K-3/K-4 filer and I agree with your assessment.

 

Moreover, I am not convinced that the K-3 is, in fact, running at the "same" time line as the CR-1. When we had those delays in the process at the CSC over a year ago, the K-3's did slow to within about a month of the CR. However, I have not observed a consistent pattern of that remaining as we have exited that period of delay at the service centers.

 

I have observed some, to now be running more than one or two months ahead of the CR-1, over at VJ. We have fewer cases here at CFL to form a clear picture of what is now developing in this regard.

 

I realize that the CR-1 has some advantages. But if you want to marry in China, and are not in a rush to have your wife work soon after arrival in the USA, then the K-3 is still an option, if you want her here in the fastest possible period of time, while still marrying her in the PRC.

 

I think all who are embarking on this journey, need to fully research each of the visa types, and then make a decision based on their individual needs.

As I said earlier, USCIS has been aligning both I-129F and I-130 so that they both get NOA2 on the same date, this is defectively negating the K-3's reason to exist.

 

http://www.visajourney.com/timeline/k1list...ll&dfile=No (Look closely ate I-129F and I-130 NOA2 dates) One even shows I-130 NOA2 BEFORE I-129F NOA2.

Edited April 27, 2009 by dnoblett (see edit history)

[NewDay2006]

Congratulations!!

 

I would suggest before everything else, print off the G325A form and have your wife fill it out and sign it in BLACK INK and that is a very good start. Gook Luck!!

[Tom and Ling]

A little bit of canned editorial opinion there.

 

Nonetheless, K-3 is there and IS an option. It's up to you to do your own due diligence and decide what's best for you,

 

But like Dan says, you file the I-130 first

 

 

Randy, I am a K-3/K-4 filer and I agree with your assessment.

 

Moreover, I am not convinced that the K-3 is, in fact, running at the "same" time line as the CR-1. When we had those delays in the process at the CSC over a year ago, the K-3's did slow to within about a month of the CR. However, I have not observed a consistent pattern of that remaining as we have exited that period of delay at the service centers.

 

I have observed some, to now be running more than one or two months ahead of the CR-1, over at VJ. We have fewer cases here at CFL to form a clear picture of what is now developing in this regard.

 

I realize that the CR-1 has some advantages. But if you want to marry in China, and are not in a rush to have your wife work soon after arrival in the USA, then the K-3 is still an option, if you want her here in the fastest possible period of time, while still marrying her in the PRC.

 

I think all who are embarking on this journey, need to fully research each of the visa types, and then make a decision based on their individual needs.

 

I agree with both Roger and Randy.....

I think it (allot of times) depends on the Service Center that you deal with.

I would still go with the K3 if the vermont service center is the service center that is handling your petition.

The reason is that the Vermont Service center is slower than the California Service Center.

I guess the other reason (God forbid) is that if you are denied for the K3,,you still have the I-130 to fall back on to.

As far as Work authorization goes...that all depends on your service center.....I filed for Lings Work authorization and received it in one month...so for us it wasn't 90 days.

 

Tom and Ling

[dnoblett]

Congratulations!!

 

I would suggest before everything else, print off the G325A form and have your wife fill it out and sign it in BLACK INK and that is a very good start. Gook Luck!!

Very good point, I would DO 2 complete G-325A forms, One for I-130 and another for the optional I-129F.

 

A complete G-325A is a 4 page document, use the PDF from USCIS, fill in page 1 and print out page 1-4, NOT FOUR copies of page 1.

 

Also, I have seen a couple of posts a while ago on VJ where USCIS makes the mistake of thinking the Black ink is just a photo copy, it is best to sign using dark blue ink, so that the signature is distinguishable from the rest of the form.

[NewDay2006]

 

Also, I have seen a couple of posts a while ago on VJ where USCIS makes the mistake of thinking the Black ink is just a photo copy, it is best to sign using dark blue ink, so that the signature is distinguishable from the rest of the form.

 

I could be wrong since I was at this stage almost 3 years ago, but I had a thread once where we discussed the color of the ink and it seemed that USCIS was adament about the Black. I don't see how it should matter, but I did use BLACK, because we never know what happens when they get your case in thier hands.

Edited April 27, 2009 by NewDay2006 (see edit history)

[IllinoisDave]

Congrats on your marriage. As others have already said, I don't think your prior marriage should be a problem, especially if there's been some time in between.

 

Good luck.

[HelloWorld08]

congrats and good luck!

[jst]

Thanks All,

 

I was confussed about the 2 forms. I will get signed copies today. I am also using Vermont and I do know it is slower. Thanks again for all the help

 

JS

[baobeizhu]

On the topic of ink:

 

Now that I'm an expert in signing forms let me add that if you press hard enough you can definitely determine whether something is signed or zeroxt by rubbing the other side of the paper. I say use black ink and press hard!

Edited April 28, 2009 by baobeizhu (see edit history)

[David&Wendy]

Congrats on your marriage!