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[rw86347]

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[dnoblett]

they do not deny an immigrant k1 visa because you were denied entry on a visitor visa unless the reason for denial was for overstaying a visitor visa by more than 6 months

 

他们并不否认移民k1签证被拒绝，因为你在一个旅游签证入境，除非为理由拒绝逾期居留超过6个月的旅游签证

 

Note K-1 is not easiest it tends to be quicker, but if only short relationship, sometimes K-1 is denied because interview officer does not believe is a true relationship

 

注意的K1是最容易的往往能够更快，但如果只是短暂的关系，有时的K1被拒绝，因为面试人员不相信这是一个真正的关系

Edited November 25, 2009 by dnoblett (see edit history)

[rw86347]

we have been living together for 6 months and known each other for almost 2 years. Is that too short?

 

they do not deny an immigrant k1 visa because you were denied entry on a visitor visa unless the reason for denial was for overstaying a visitor visa by more than 6 months

 

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Note K-1 is not easiest it tends to be quicker, but if only short relationship, sometimes K-1 is denied because interview officer does not believe is a true relationship

 

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[dnoblett]

we have been living together for 6 months and known each other for almost 2 years. Is that too short?

 

they do not deny an immigrant k1 visa because you were denied entry on a visitor visa unless the reason for denial was for overstaying a visitor visa by more than 6 months

 

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Note K-1 is not easiest it tends to be quicker, but if only short relationship, sometimes K-1 is denied because interview officer does not believe is a true relationship

 

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You should have no problems with bona-fide relationship, provide evidence like emails, pictures passport pages showing entry/exit stamps... cocering time knowing each other.

 

In our case we knew each other 11 months on line before meeting for 2 weeks, then applied for visa.

 

moving thread to visa forum.

[dnoblett]

If living together 6 months, why not marry now, and then file for a spousal visa, or adjust status depending on where you live.

 

Where have you been living? China, USA?

 

If China, and US citizen has some sort of residency permit, then file for spousal visa at the consulate or embassy.

 

If USA, and chinese citizen has been in USA as perhaps a student, then file I-130 AND I-485 and adjust status.

[weiaijiayou]

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[weiaijiayou]

we have been living together for 6 months and known each other for almost 2 years. Is that too short?

Seems like more exposure than 90% of people have before applying. Just do a lot of research on here as you get things ready. If you anticipate any problems ("red flags") then try to provide relevant information up front with your petition. For example, I think you said your fiancee and you communicate in Chinese, so the consulate will probably want to see some evidence of you doing so. (and in this case it will be fine for her to interview in Chinese when you reach that final stage) What I did was include (in the initial petition) a bunch of email logs between my wife and I showing correspondence in Chinese, and some physical letters that I translated into English for the people at USCIS. All of this stuff that you send in with your petition will get forwarded to the consulate and will be looked at prior to and during your fiancee's interview. Then for the interview I hand-wrote an "evolution of relationship letter" in Chinese that my wife gave to the visa officer to read.

 

Good luck getting things ready.

[rw86347]

I don't mind getting married here in China, but then I can't file for the K-1. I need to file for the K-3. I hear that takes longer before she can go to America with me.

 

Boy is America a pain in the a**

 

RW

 

 

If living together 6 months, why not marry now, and then file for a spousal visa, or adjust status depending on where you live.

 

Where have you been living? China, USA?

 

If China, and US citizen has some sort of residency permit, then file for spousal visa at the consulate or embassy.

 

If USA, and chinese citizen has been in USA as perhaps a student, then file I-130 AND I-485 and adjust status.

[dnoblett]

I don't mind getting married here in China, but then I can't file for the K-1. I need to file for the K-3. I hear that takes longer before she can go to America with me.

 

Boy is America a pain in the a**

 

RW

As I said before, all three visas process in about the same time.

 

K-3 is an OPTIONAL visa type offered to those filing for a CR-1 or IR-1 spousal IMMIGRANT visa. K-3 involves first filing an I-130 for a spousal visa and then filling an I-129F for the K-3 OPTION. It was developed at a time when USCIS was taking a LONG time to approve the I-130 filed for the Immigrant CR-1 visa, the reasoning was to allow the immigrant to get a visa and visit the USA while waiting for I-130 to be approved. For more than a year USCIS has been tieing the I-129F (K-3) AND I-130 (CR-1) together and have been approving them AT THE SAME TIME, this effectively negates the reason for the K-3, (WAITING FOR I-130 APPROVAL). Also with the electronic processing option offered bu the consulate and NVC for handling the Immigrant CR-1 the interview time for the K-3 and CR-1 has been reduced to within a couple of weeks of each other.

 

Considering costs, K-1 is the most expensive option then K-3, and finaly CR-1 is the least expensive.

 

Have your researched the Superior CR-1 spousal visa, the one without adjustment of status?

 

If considering K-3 think carefully about it. CR-1 and K-3 tend to take about the same time, K-3 use to save you about a month not any more, however the K-3 has the added pain of adjustment of status, and it NOT a work authorized visa, so also has the added period of limbo waiting for EAD to be able to do things like take a job, get SSN, etc...

 

For the most part CR-1 tends to take a bit longer than 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-1:

I-129F: $455

Consulate: $131

AOS: $1010

($1596)

 

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

 

CR-1

I-130: $355

NVC I-864: $70 (Not paid if filing the petition at the consulate (DCF))

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.

 

Guangzhou has a new pilot program with NVC that allows them to process and send documents to GUZ electronicaly for CR-1 visas, this greatly speeds up the process to the point that in most cases CR-1 reaches the consulate before K-3.

 

I also pointed out if you have been living in China, and will continue to live there for a few months, you can possibly file the I-130 at the US consulate and have a visa MUCH faster than filing for a K-Visa in the USA, nearly half the time it will take to get a K-Visa.

[joannaliu]

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