Is a fiancee or spouse visa better?

[jdoe]

I am from the US planning on marrying a girl from China.

 

Is it better, faster, cheaper, less work, surer for acceptance to get a fiancee or spouse visa?

 

I already know some of how a fiancee visa works.

 

However I was told that the spouse visa may be cheaper and faster since you don't have to take the second step or resident status change later.

 

Some questions come up though.

 

First, I would have to get married. I think I would have to marry in China. So would I have to get a certain visa to China to marry there? Would it be a lot of hassle what is involved with all the costs, paper work ect with that?

 

Second, is it true that getting married before in China and then getting a spouse visa to the US is dangerous since you may not get the visa then end up being married but not being able to bring them over in contrast to a fiancee visa since you are not yet married?

 

Thanks, for anyone who is able to answer this is of course very important to me. Direction to information on this subject would be helpful as well!

[Kyle]

Check out Dan's post in this thread. He covers it with good detail

 

http://candleforlove.com/forums/index.php?...c=38823&hl=

 

To get married in China

 

http://guangzhou.usembassy-china.org.cn/in..._in_china2.html

 

http://candleforlove.com/forums/index.php?showtopic=20240

 

This is a good read, and you may find some of the insights helpful

 

http://www.arctec.com/blog/2009/09/what-di...year-makes.html

 

If you decide to marry in China, personally, I'd recommend a CR/IR-1 visa - as processing times have been cut down drastically. Plus, once she receives her CR-1, she'll be authorized to work once entering the States. I believe K-3 visas have to gain work permits. Someone will correct me if I am wrong.

Edited October 20, 2009 by KJJ (see edit history)

[jdoe]

Thanks a lot for the resources they were very helpful.

 

I may want to be a Chinese citizen one day. If I got married in China would that help my chances? Is it hard to become a citizen there?

 

Will my fiancee lose her Chinese citizenship is she becomes a US citizenship?

 

The CR1 seems like the best option. However, I think I read that the K1 can take up to a year, but the CR1 can take up to 2 years. 2 years is too long for me personally. Is this true or is it usually much less and near to the K1 maybe a year til you get it? What is it based on?

 

I think I read in the first link you gave me that a certain person said they would go the CR1 route because there is new electronic processing. Does this mean that this has made it faster or something?

 

Do the costs of 1,500 or so for a K1 count the lawyer costs? How much are lawyers? Where can you find good lawyers? Is it best to go with them why?

 

I did not file taxes last year because I did not have income, but gifts. The gift money I received was well over the poverty line. Will I be able to show a bank stub or something? Or can real estate assets or present money in your account count as something?

 

If I get a joint sponsor will they have to go through a ton or paper work? Or will it slow the process down or anything?

 

p.s. I know these are a lot of questions, but it is hard to find answers to these specific things especially unbiased answers from experience.

[Kyle]

I may want to be a Chinese citizen one day. If I got married in China would that help my chances? Is it hard to become a citizen there?

 

Here is some information I found, but it should be verified for accuracy. Regardless, it's a starting point.

 

http://chineseculture.about.com/od/lawinch...Citizenship.htm

 

You should understand that if you become a Chinese citizen, you effectively give up your American citizen status.

 

However, you can get the equivalent of a Chinese green-card without giving up your US citizenship

 

http://china.org.cn/english/LivinginChina/184128.htm

 

I believe there was a member at CFL, GZBill, who did this:

 

http://candleforlove.com/forums/index.php?...nese+green+card

 

Will my fiancee lose her Chinese citizenship is she becomes a US citizenship?

 

If she becomes a naturalized citizen, the yes she will lose her Chinese citizenship. China does not recognize dual citizenship. Likewise, America doesn't recognize dual citizenship with Chinese nationals. If she simply wants to live in America under her green card, then she can keep her Chinese citizenship. Please consider the following points.

 

http://www.antaoandchuang.com/i-keeping.html

 

The CR1 seems like the best option. However, I think I read that the K1 can take up to a year, but the CR1 can take up to 2 years. 2 years is too long for me personally. Is this true or is it usually much less and near to the K1 maybe a year til you get it? What is it based on?

 

Take a look at the current timelines for a general idea of how long the process will take:

 

http://www.candleforlove.com/FAQ/Timelines/Ne...L_Timeline2.htm

 

Personally, CR-1's have been moving about as quickly as K-3 visas. I've seen people get them in as quick as 3 or 4 months. Jingjing and I are doing the CR/IR-1 and we're already at the third step. We initially filed our I-130 petition about two months ago.

 

Do the costs of 1,500 or so for a K1 count the lawyer costs? How much are lawyers? Where can you find good lawyers? Is it best to go with them why?

 

Nope, that doesn't include lawyers. However, retaining an attorney to help you through the process, can be helpful. Many here will disagree. We are using an attorney (family friend) who is helping us. She has not only been extremely helpful/knowledgeable, but also very personable as well. I would gladly without reservation, recommend her services to anyone. Having her input has given us peace-of-mind. That being said, an attorney on your side does not guarantee a visa in your pocket.

 

http://armstrongvisalaw.com/

 

The network of people here though is amazingly helpful. They are willing to give advice in anyway you need. Both Jingjing and I are grateful to the CFL community. After reviewing several immigration attorney websites, you may expect to pay around 1000-2000 USD in attorney fees. If you're interested in what we're doing, give me a PM, and I can give you more information about our specific situation.

 

I think I read in the first link you gave me that a certain person said they would go the CR1 route because there is new electronic processing. Does this mean that this has made it faster or something?

 

Yes, much faster. It can cut the time down immensely

 

http://guangzhou.usembassy-china.org.cn/nv..._petitions.html

 

http://candleforlove.com/forums/index.php?...onic+processing

 

http://candleforlove.com/forums/index.php?...onic+processing

 

 

If I get a joint sponsor will they have to go through a ton or paper work? Or will it slow the process down or anything?

 

Nope, they will have to file a I-864 as well as provide the past three years worth of tax returns.

 

http://www.uscis.gov/files/form/I-864.pdf

 

Please note that having a joint sponsor effectively makes them financially responsible for the immigrant (consider it a legally binding contract between the joint-sponsor and the US gov)- so that the immigrant will not become a public expense to the American public. Seriously look over the I-864 for the details pertaining to the joint-sponsor's legal responsibilities.

 

Edit:

 

I forgot to mention that you will also need to submit an I-864 as well. Having a joint-sponsor submit an I-864 doesn't mean that you are no longer required to do so. Likewise, you'll need to provide the same IRS tax forms (past three years) as well.

Edited October 20, 2009 by KJJ (see edit history)

[dnoblett]

CR-1 spouse visa is the least expensive because their is NO adjustment of status in the USA, K-1 it the most expensive when you add in adjustment of status. So if cost is an issue a spousal CR-1 is the best.

 

If speed is what you are looking for then K-1 is a bit quicker.

[warpedbored]

 

If she becomes a naturalized citizen, the yes she will lose her Chinese citizenship. China does not recognize dual citizenship. Likewise, America doesn't recognize dual citizenship with Chinese nationals. If she simply wants to live in America under her green card, then she can keep her Chinese citizenship. Please consider the following points.

 

 

This isn't quite accurate. The US still recognizes the dual citizenship. China does not.

[dnoblett]

 

If she becomes a naturalized citizen, the yes she will lose her Chinese citizenship. China does not recognize dual citizenship. Likewise, America doesn't recognize dual citizenship with Chinese nationals. If she simply wants to live in America under her green card, then she can keep her Chinese citizenship. Please consider the following points.

 

 

This isn't quite accurate. The US still recognizes the dual citizenship. China does not.

I will second that, It is China that does not recognize dual citizenship, not the USA, I know of many people with dual citizenship with Canada, UK, Australia, New Zealand, etc.. The USA stance on dual citizenship is neutral.

[jdoe]

Wow thanks KJJ. It is hard to find such thorough and competent answers as this.

 

So, it seems the CR1 is the best since it does not take that much longer especially since there are some recent advancements in electronic processing.

 

I was thinking that since I would have to visit China before I could even apply for a K1 that I might as well get married during that trip and then later apply for the CR1?

 

I am still wondering if me not filing taxes the last time around will hinder me somehow?

 

I'm confused about the whole Chinese/US citizenship thing. Maybe I should have her get a green card until we are sure where we want to be. So, if I get a Chinese citizenship the US will still recognize me, but if she becomes a US citizen the Chinese will not recognize her. So, maybe she should just get a green card and then I get a Chinese citizenship and I can have dual.

 

I'm also wondering if it is hard to become a Chinese citizen and if getting married there will help and or being married to a Chinese citizen or a past one who became a US cit.

 

How long does it take to get married in China. I mean I would have to file for a visa and then fly over there and bring a bunch of paperwork. I wonder how long that takes. Since I am not married yet this would add to the time of the CR1 visa and I wonder if it is a long time.

[dnoblett]

Wow thanks KJJ. It is hard to find such thorough and competent answers as this.

 

So, it seems the CR1 is the best since it does not take that much longer especially since there are some recent advancements in electronic processing.

 

I was thinking that since I would have to visit China before I could even apply for a K1 that I might as well get married during that trip and then later apply for the CR1?

 

I am still wondering if me not filing taxes the last time around will hinder me somehow?

 

I'm confused about the whole Chinese/US citizenship thing. Maybe I should have her get a green card until we are sure where we want to be. So, if I get a Chinese citizenship the US will still recognize me, but if she becomes a US citizen the Chinese will not recognize her. So, maybe she should just get a green card and then I get a Chinese citizenship and I can have dual.

 

I'm also wondering if it is hard to become a Chinese citizen and if getting married there will help and or being married to a Chinese citizen or a past one who became a US cit.

 

How long does it take to get married in China. I mean I would have to file for a visa and then fly over there and bring a bunch of paperwork. I wonder how long that takes. Since I am not married yet this would add to the time of the CR1 visa and I wonder if it is a long time.

A word of caution, it is recommended to provide plenty of relationship evidence when filing the petition, marriage on first visit tends to be a "RED FLAG", unless you can provide evidence of a long relationship on-line with marriage discussions in that evidence.

[Guest Pommey]

I wouldnt worry so much as to which route is the quickest, just be sure you both realise this is for marriage and relocation and all that entails.

 

ps I believe its really hard to get permenant resident status in china and citizenship well, how loaded are are B)

[jdoe]

Another questions that came to mind.

 

I know that you need to show records of conversations. Is there a way to do this with Skype, Facebook, and some cell phone?

Edited October 20, 2009 by jdoe (see edit history)

[dnoblett]

Another questions that came to mind.

 

I know that you need to show records of conversations. Is there a way to do this with Skype, Facebook, and some cell phone?

Logs from Skype, and phone bill shows making calls and chatting, but some good sample emails show being able to communicate, and as I indicated some sample emails covering some time showing a "Courtship" covering some time will help defuse a possible red-flag if you marry on your first visit to China.

[Dan de mingzi]

Thanks a lot for the resources they were very helpful.

 

I may want to be a Chinese citizen one day. If I got married in China would that help my chances? Is it hard to become a citizen there?

 

Will my fiancee lose her Chinese citizenship is she becomes a US citizenship?

 

The CR1 seems like the best option. However, I think I read that the K1 can take up to a year, but the CR1 can take up to 2 years. 2 years is too long for me personally. Is this true or is it usually much less and near to the K1 maybe a year til you get it? What is it based on?

 

I think I read in the first link you gave me that a certain person said they would go the CR1 route because there is new electronic processing. Does this mean that this has made it faster or something?

 

Do the costs of 1,500 or so for a K1 count the lawyer costs? How much are lawyers? Where can you find good lawyers? Is it best to go with them why?

 

I did not file taxes last year because I did not have income, but gifts. The gift money I received was well over the poverty line. Will I be able to show a bank stub or something? Or can real estate assets or present money in your account count as something?

 

If I get a joint sponsor will they have to go through a ton or paper work? Or will it slow the process down or anything?

 

p.s. I know these are a lot of questions, but it is hard to find answers to these specific things especially unbiased answers from experience.

 

 

Don't want to worry you or anything, but FYI on the not filing taxes: I'm pretty sure receiving gift money is still considered income by the US gov, so they would still expect you to file your taxes. I don't know if USCIS and the IRS share information or anything, but just something to think about.

[dnoblett]

Don't want to worry you or anything, but FYI on the not filing taxes: I'm pretty sure receiving gift money is still considered income by the US gov, so they would still expect you to file your taxes. I don't know if USCIS and the IRS share information or anything, but just something to think about.

Correct, in order to sponsor an immigrant you will ultimately need to provide an affidavit of support, and the affidavit of support will require a copy of IRS return or transcript, of a darn good reason a return was not filed. Most simply file a ZERO return to satisfy this requirement.

[warpedbored]

The decision as to which visa is better is a highly personal one. they all have pluses and minuses. Many members will advise you to take the one they thought was best for them.

 

K-1

Fiancée visa has less cost up front but slightly more expensive than a CR-1 in the long run. It is the fastest of non consular filed visas but the difference is getting less. Some advantages are it is easier for your sweet heart to change her family name to yours after you get married. Also unlike a K-3 visa she can get a Social Security number shortly after she arrives in the states. Another advantage is if your relationship should fall apart during the long wait for a visa, no divorce is needed.

 

K-3

There are fewer advantages to a K-3. One is a slightly shorter wait than a CR-1. Also it is a multiple entry visa so once your sweet heart is here if she needs to return to China for an emergency she doesn't need advanced parole. Some people put off filing for AOS (Adjustment Of Status) until they have been married for two years thus circumventing the need to remove conditions on the green card you would have if you filed K-1 or CR-1. K-3 is the most expensive of the 3 visas.

 

CR-1

If you are extremely confident your marriage is rock solid then CR-1 is a good choice. Your sweet heart and her family will have the security that you were willing to make the commitment to marriage. It is the slowest of the 3 visas but only maybe 3 months slower than a K-1. The big advantage to this visa is no AOS is required and she will receive her green card shortly after entering the US.