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once and for all, K-1 or K-3?


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Thanks for everyone's responses. I think we'll be marrying in China and then going the CR-1 route.

 

I have one more question, just in case anyone has any opinions on this matter: do you think it will have any bearing on the "bonafide relationship" question for us to marry on my third trip over (we will have known each other for 18 months at that point)?

 

Is it better to wait a bit until I can go over a couple more times? (I've seen reference to white or blue slips being given because the marriage took place "too soon" -- maybe on the first trip over, or the second).

 

If I wait and get married, say, next year, the visa petition would come fairly soon after the marriage but I will have made 4 or 5 trips over; if we marry this summer on the third trip, we could conceivably start the visa process earlier, or wait until I retire (two years) and thus will have been married a couple of years before starting the visa process. She would like to marry soon, but will wait if that's best.

 

Or, as is typical, am I thinking too much about all of this? :rolleyes:

 

More info that might be relevant (EOR info): we speak to each other on skype a couple of times a week for an hour or so -- sometimes I feel intimidated when folks say they talk twice a day for two hours each time, or somesuch. Before we used skype (i.e., last year), we emailed a couple of times a week and sent photos. On each of my previous two trips (summer 2009 and Jan 2010), we spent 12 days together (24 hours a day). I expect that the current mode of relationship (email once a week or so, chat or skype every day or every other day, two trips a year for two weeks each) will continue as the norm until I retire (Jan 2011), at which point either I'll go there or she'll come here.

 

we're both in our 50s and have grown kids; she's already retired. My income is sufficient. My only real concern is the bonafide rel'ship question (not in my mind but in my government's). Oh, and she doesn't speak English (just starting to learn) -- my Chinese is not bad and should be fluent within the next year for sure.

 

Opinions welcomed -- what would you do?

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Thanks for everyone's responses. I think we'll be marrying in China and then going the CR-1 route.

 

I have one more question, just in case anyone has any opinions on this matter: do you think it will have any bearing on the "bonafide relationship" question for us to marry on my third trip over (we will have known each other for 18 months at that point)? Is it better to wait a bit until I can go over a couple more times? (I've seen reference to white or blue slips being given because the marriage took place "too soon" -- maybe on the first trip over, or the second).

 

If I wait and get married, say, next year, the visa petition would come fairly soon after the marriage but I will have made 4 or 5 trips over; if we marry this summer on the third trip, we could conceivably start the visa process earlier, or wait until I retire (two years) and thus will have been married a couple of years before starting the visa process. She would like to marry soon, but will wait if that's best.

 

Or, as is typical, am I thinking too much about all of this? :rolleyes:

 

More info that might be relevant (EOR info): we speak to each other on skype a couple of times a week for an hour or so -- sometimes I feel intimidated when folks say they talk twice a day for two hours each time, or somesuch. Before we used skype (i.e., last year), we emailed a couple of times a week and sent photos. On each of my previous two trips (summer 2009 and Jan 2010), we spent 12 days together (24 hours a day). I expect that the current mode of relationship (email once a week or so, chat or skype every day or every other day, two trips a year for two weeks each) will continue as the norm until I retire (Jan 2011), at which point either I'll go there or she'll come here.

 

we're both in our 50s and have grown kids; she's already retired. My income is sufficient. My only real concern is the bonafide rel'ship question (not in my mind but in my government's). Oh, and she doesn't speak English (just starting to learn) -- my Chinese is not bad and should be fluent within the next year for sure.

 

Opinions welcomed -- what would you do?

No one can answer this question 100%.

 

I can tell you my wife met a woman during her interview that was granted a CR-1 visa even though she had met and married her husband on the first visit to China and he NEVER came back to visit her in China during the waiting period nor did he attend the interview in China.

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The K-1 has the advantage that you can file NOW. For a CR-1/K-3 (K-3 is still a viable visa for some people who may choose to go that way), of course, you must first make another trip and get married.

 

With a K-3, it's possible to skip the conditional green card (if you are married for 2 years before the green card interview, you get the unconditional 10 year card). This is not possible with the K-1, since you must apply for AOS soon after getting married.

 

With a CR-1, you get the green card based on your length of marriage at the POE - which will most likely be less than 2years.

However the K-3 case is now closed by NVC if the I-129F and I-130 petitions are approved and send to NVC at the same time. Based on what we have seen lately in almost every case the two petitions are approved together so the chances of actually getting a K3 Visa are slim to none now. I would not waste the time nor the original documents to apply for a K3 Visa but rather just go for the CR-1 using electronic processing.

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Wow, the successes at interviews are all over the board. Just as the failures. Only Budda knows if there is actually any actual formula.

 

Reading your post it seems like you both are very comfortable with "time". :D I don't see the urgency that she has to be here three months ago. That, to me, says an awful lot about a mature relationship. And it gives you so many options, as you noted.

 

Man, the world is open to you guys with an attitude like you both have.

 

When we had to wait so long to even get denied afte her interview, it showed us the option of time, heck, I even went ahead and bought a new home for the lil' rabbit while we waited.

 

We chose to get married and wait out an IR-1, as both of us wants to avoid as much interference and contact from the American government with our bonafide relationship as we possibly can, so this route is perfect for us.

 

The world is yours, you could make an application tomorrow or in two years when you're close to retirement and the wife's english is much better. Lucky you. :)

 

tsap seui

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Thanks for everyone's responses. I think we'll be marrying in China and then going the CR-1 route.

 

I have one more question, just in case anyone has any opinions on this matter: do you think it will have any bearing on the "bonafide relationship" question for us to marry on my third trip over (we will have known each other for 18 months at that point)?

 

Is it better to wait a bit until I can go over a couple more times? (I've seen reference to white or blue slips being given because the marriage took place "too soon" -- maybe on the first trip over, or the second).

 

If I wait and get married, say, next year, the visa petition would come fairly soon after the marriage but I will have made 4 or 5 trips over; if we marry this summer on the third trip, we could conceivably start the visa process earlier, or wait until I retire (two years) and thus will have been married a couple of years before starting the visa process. She would like to marry soon, but will wait if that's best.

 

Or, as is typical, am I thinking too much about all of this? :)

 

More info that might be relevant (EOR info): we speak to each other on skype a couple of times a week for an hour or so -- sometimes I feel intimidated when folks say they talk twice a day for two hours each time, or somesuch. Before we used skype (i.e., last year), we emailed a couple of times a week and sent photos. On each of my previous two trips (summer 2009 and Jan 2010), we spent 12 days together (24 hours a day). I expect that the current mode of relationship (email once a week or so, chat or skype every day or every other day, two trips a year for two weeks each) will continue as the norm until I retire (Jan 2011), at which point either I'll go there or she'll come here.

 

we're both in our 50s and have grown kids; she's already retired. My income is sufficient. My only real concern is the bonafide rel'ship question (not in my mind but in my government's). Oh, and she doesn't speak English (just starting to learn) -- my Chinese is not bad and should be fluent within the next year for sure.

 

Opinions welcomed -- what would you do?

I'm rather shocked... your thinking and approach and two year wait-to-file consideration is exactly what I am working on as well... I might call it "The Visa Road Less Traveled".

 

In the beginning (of starting again), I decided a three trip minimum; I just bumped it to four with my recent decision to go visit china for New Years. And I'm still considering the two year wait issue for an IR1.

 

Here is my thinking: If destiny intends for two to be together, then "time" doesn't matter... as Tsap is, I assume, saying. (Hats off to Tsap who may be the master of "time").

 

In the pursuit of purposeful action, don't lose naturalism; balance the two. The result is akin to Chaos Theory... enjoy

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One advantage of a K-1 is if you are issued a white slip you can get married and start over.

 

Not getting married until after 3 trips and 18 months looks good. I would think your chances of success are high.

k-1 worked good for us, just a couple weeks delay with the blue slip thing, but after that smooth sailing, next stop citizenship :D

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One advantage of a K-1 is if you are issued a white slip you can get married and start over.

 

Not getting married until after 3 trips and 18 months looks good. I would think your chances of success are high.

 

These are excellent points that Carl is making. You could file for the K-1 now, and in 6 months you could return for the interview. The visa process is quirky, so if you are denied (although I doubt you will be) you can marry and file a CR-1.

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