Relocation from China - Timing Issue with Visa

[whome?]

I am trying to determine the best action to take regarding my situation. I am hoping for some advice based on other's experience.

 

As you can see from my signature my visa approval process has been far from smooth. My assignment here in China has been extended until June 2010 (and could be extended again).

 

Here is the situation:

We will go back to USA in June/July 2010

Our two year anniversary is Oct 2010

We are in CR-1 electronic processing (documents not sent in yet)

We are awaiting for K3 to arrive at GUZ

 

I wanted to get a K3 visa and use it to let my wife and I travel back/forth to USA while we are still in China. I thought this was a good idea because:

K3 visa is good for 2 years

Keep the CR-1 IV open and interview closer to June 2010

Enter USA with CR-1 IV after Oct 2010 and get 10-yr GC

 

However I have been told that some consulates (including China) have begun issuing K3 visas for less than two years (3, 4 and 6 months only). This being the case I then thought we could just interview for CR-1 IV as soon as possible and use it to visit the USA and then come back to China (since it is only valid for 6 months). However the GC will not be mailed/issued until 4-6 weeks after arriving in the USA so how would she be able to come back to China and then re-enter the USA without the GC?

 

The other option is to delay the CR-1 IV interview until less than 6 months before our schedule return to the USA (for example Jan 2010 or later). I am reluctant to do this because, based on my past experience, I am worried about unexpected delays.

 

On the other hand, even if I delay the interview till Jan 2010, if my China assignment is extended again after getting the CR-1 IV how would we deal with this because then we are back into the same situation where the CR-1 IV will expire before we relocate back to the USA.

 

I see a lot of people have DCF China recently. What are your plans after receiving the CR-1 IV -- you will immediately return to the USA?

[Randy W]

You need to find out from GUZ if you will be able to use the K-3. They will often combine the two into a single CR-1 interview when they reach GUZ so close together.

[dnoblett]

You need to find out from GUZ if you will be able to use the K-3. They will often combine the two into a single CR-1 interview when they reach GUZ so close together.

Exactly, since you elected to do the electronic process for the CR-1, if the CR-1 file makes it to the consulate before K-3 interview, the consulate tends to drop the K-3 in favor of the CR-1 and schedules the CR-1 interview in place of the K-3. I remember a while back another CFL member had that happen and did not know this, they ended up with a blue for vaccinations, they had done medical thinking K-3 interview and did not do vaccinations.

 

K-3 Visa is valid for 6 months after issuance for entry to the USA and then is valid for up to 2 years for future entries.

 

Also your consern about CR-1 may wait a few months for a green-card after entry is not a issue, CR-1 gets a GREEN-CARD I-551 stamp in their passport upon entry to the USA this makes theri pasport act as a green-card, the stamp allows travel and work for up to a year while waiting for the actual card to arrive in the mail. Essentially a CR-1 could enter the USA get the stamp and then travel the next day without an issue, the have green-card stamp.

[whome?]

You need to find out from GUZ if you will be able to use the K-3. They will often combine the two into a single CR-1 interview when they reach GUZ so close together.

Exactly, since you elected to do the electronic process for the CR-1, if the CR-1 file makes it to the consulate before K-3 interview, the consulate tends to drop the K-3 in favor of the CR-1 and schedules the CR-1 interview in place of the K-3. I remember a while back another CFL member had that happen and did not know this, they ended up with a blue for vaccinations, they had done medical thinking K-3 interview and did not do vaccinations.

 

K-3 Visa is valid for 6 months after issuance for entry to the USA and then is valid for up to 2 years for future entries.

 

Also your consern about CR-1 may wait a few months for a green-card after entry is not a issue, CR-1 gets a GREEN-CARD I-551 stamp in their passport upon entry to the USA this makes theri pasport act as a green-card, the stamp allows travel and work for up to a year while waiting for the actual card to arrive in the mail. Essentially a CR-1 could enter the USA get the stamp and then travel the next day without an issue, the have green-card stamp.

Thanks!

 

The K-3 is already at GUZ (they mailed the P3 packet on 10.27.2009 but to the wrong mailing address -- they ignored the lawyer's attachment listing a separate mailing address from our residence address). I have not submitted any of the documents for the CR-1 to NVC yet.

 

However what you say makes my decision an easy one. I did not realize that once she enters the US that the I-551 stamp can be used as GC while waiting for the actual GC to arrive in the mail. This means we could get her CR-1 visa, go to the US for a 1-2 week visit, and then return to China while letting her actual GC come to my home address in the US (where someone picks up my mail).

 

Thanks for the great information. I thought you had to apply for AP or some other forms, etc. to leave the US without your actual GC.

[dnoblett]

Thanks!

 

The K-3 is already at GUZ (they mailed the P3 packet on 10.27.2009 but to the wrong mailing address -- they ignored the lawyer's attachment listing a separate mailing address from our residence address). I have not submitted any of the documents for the CR-1 to NVC yet.

 

However what you say makes my decision an easy one. I did not realize that once she enters the US that the I-551 stamp can be used as GC while waiting for the actual GC to arrive in the mail. This means we could get her CR-1 visa, go to the US for a 1-2 week visit, and then return to China while letting her actual GC come to my home address in the US (where someone picks up my mail).

 

Thanks for the great information. I thought you had to apply for AP or some other forms, etc. to leave the US without your actual GC.

Excellent, you can delay the NVC stage for a bit alowing you to get K-3 visa, then start up the I-130 process at NVC for CR-1, if timed right, you will get your CR-1 interview within 6 months before your 2 year wedding anniversary, and then delay entry to the USA on the IMMIGRANT visa until after 2 years of marriage.

 

If entry to the USA on CR-1 visa is after 2 years of marriage, and the visa indicates CR-1 simply show POE officer marriage cert proving 2 years of marriage has happened BEFORE getting US Residency, the officer should then note this and the resulting green-card should be a 10 year un-conditional one, (NO CONDITIONS TO REMOVE 2 YEARS LATER), this will save you from the hassle of filing an I-751 and paying a $545 or higher FEE.

[Kyle]

However what you say makes my decision an easy one. I did not realize that once she enters the US that the I-551 stamp can be used as GC while waiting for the actual GC to arrive in the mail. This means we could get her CR-1 visa, go to the US for a 1-2 week visit, and then return to China while letting her actual GC come to my home address in the US (where someone picks up my mail).

 

Perhaps, but keep in mind that she needs to be in the States a totality (generally speaking) of 6 month per year to be counted toward the requirements for naturalization. From my understanding, trips less than six months, the burden for proving she gave up intent to immigrate falls on the government, trips longer than six months, the burden essentially falls on the green card holder. If a trip lasts longer than one year but less than two years, she will need to file for a reentry permit before leaving the States. Basically she just needs to make sure she can adequately prove she hasn't given up her intent to immigrate. The following link helped clear up some of the questions I had about green cards.

 

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

 

I do not believe a K3 visa has the same travel stipulations as it is a non-immigrant visa.

Edited November 6, 2009 by Kyle (see edit history)