I think I'm a bit screwed...

[nevermind65]

Hello!

 

This is my first post on here, so hopefully I won't botch it too bad...LOL

 

Here is my scenario: I first met my wife in the beginning of May 2009. We exchanged emails a bit back and forth. Near the end of June, we really started talking every day for several hours in some cases. I visited her at the beginning of August. She took me all around the city she lived showing me landmarks and historical places. We hit it off great. I met most of her family and her daughter. I stayed in a hotel at the time and was there for almost 2.5 weeks.

 

I came back to the USA and we continued to talk on MSN every day. In mid October, I went to a lawyer for a consultation asking the best way to pursue this relationship. Should I apply for a K1 or K3/K4? The lawyer recommended the K3/K4 route as it is usually a better course and isn't rejected as much. So, after numerous emails, phone calls, and MSN chats, I flew to China during Thanksgiving week and married my now wife.

 

From the many posts on here, it looks like this was a huge mistake. We should have waited longer. Also, it looks like we should have tried with the K1 first, then if it failed, I could have flown back again, married her, and used the K3/K4 route.

 

Ok..so now my question. We are int he process of getting documentation together. I have already hired a lawyer (the one that told me to go the K3/K4 route..didn't find this out till yesterday when reading this site for the first time). What information besides the Kitchen sink list does anybody think I need?

 

This is a great site!

 

Ron

[Batmaniac]

You've got documentation for the first visit, I assume. You married her on the second. Sounds fine to me. That's not a whirlwind situation, although those aren't always denied either.

 

You pay for the lawyer yet? You can do it all yourself by using CFL. If you have, don't worry about it. I paid for a lawyer too and didn't start reading CFL until a month before we got the visa.

[RobertH]

Your in good shape. You have 2 trips to see her... best thing is you went back to marry her, you did not marry her the 1st trip.

 

Now marrying her the 1st trip is not to bad it is just a small red flag to overcome.

 

I think you will be fine.

 

And yes save your money.

 

Ask around I am the biggest nutcase on here as far as worrying about things. Only use a lawyer if you feel better having someoen hold your hand threw the proccess. otherwise use the cash to go back to china to see her again.

 

 

Robert

[nevermind65]

Wow...thanks guys. This makes me feel a little better. Many of the posts sound like you need to have a relationship for a year before you marry. We had only 5 months or so.

 

I have already paid the lawyer...no refunds. Had I known sooner...

 

The one good thing is the lawyer has a person in their office that speaks and writes Chinese. My wife write English very well, but speaks very broken English. Sometimes, she has a hard time understanding, so if something needs done, the girl can write to her or call her and talk to her in Chinese.

 

I'm sure I'll have a million questions. Thanks Again!!

[tsap seui]

Buddy, when the deeds are done you can't sit back and beat yourself up over them. It does you no good to start off in the negative, and it does your wife no good...you two will worry yourselves to death.

 

Concentrate soley on what you can do with your application to make it the best it can be. Ask questions here, prepare a case that is loaded from the very beginning with many types of evidence that shows your bona fide relationship...don't hold anything back for the interview and hope that they will look at it then.

 

If you researched back over the past three years here you will see cases like yours where couples got married on the first visit, some lucked out and got the visa easily, some failed. You do your best AFTER you research the hell out of what you need to do, then you write up the best initial application you can, and hope for the best.

 

In the end of the day Guangzhou is all about luck. This will be the most arbitrary experience you will ever face. Prepare for it so that if your wife doesn't get the visa, you know that you did your upmost and can sleep at night.

 

Sometimes a failure at Guangzhou is only a new beginning, but that new beginning relies on you two.

 

Your goal now is to load up your application, even if that means waiting a bit before you file it so you two can have a very strong case. Okay, you jumped the gun, that doesn't mean you have to jump the gun again and quickly file.

 

Study up friend, take your time before you file, get some more trips in, build up a helluva case....and cross your fingers, for in the end, it's all about luck. We've seen lousy applications get the quick easy visa and we've seen strong cases get kicked in the dirt.

 

If I could tell you how to beat the "arbitrary" card in this process, I would be a hero and people from all over would come to me with wheel barrows of money asking for my advice...as it is...I once got a funeral wreath from some of these folks when I was in the hospital for open heart surgery.

 

Good luck man, read and study...the future will be what it will be.

 

tsap seui

[Robert S.]

Another good thing to do is to use the old fashioned snail mail and send love letters and cards to each other, and then she will carry these with her to the interview (save the envelopes). It looks good to have this brightly colored, romantic looking correspondence that took a bit to trouble to put together, and time, and it looks sincere (which it is!). You have got her correct mailing address, I would hope already. You need a really solid address, even this can be a problem for some people.

 

Even though you have a lawyer, you need to provide the input. Get her started working on her G325.

Edited December 20, 2009 by Robert S. (see edit history)

[nevermind65]

I have her address. I sent her a "care" package with toothpaste, electric toothbrushes, ravioli, women's shaving cream, cookies, and some other stuff. I also sent her flowers. She sent me a ton of tea and some other stuff for my birthday a few months ago.

 

I did get her a credit card for use over there to pay for the stuff she needed to prepare for the interview. I tried to set up a bank account, but that was a bit of a joke needless to say. Thought an ATM card would be nice.

 

The G-325 is done. She just needs to sign it and send it back to me. I had all the information. Basically, everything is ready to be submitted. All that is left is for her to send back copies of her and her daughters passport, green card photos, and the G-325. I did everything for the lawyer...LOL I need to get some more photos, so I am going to tell the lawyer to wait a few weeks or even a month or so before filing.

[amberjack1234]

I have her address. I sent her a "care" package with toothpaste, electric toothbrushes, ravioli, women's shaving cream, cookies, and some other stuff. I also sent her flowers. She sent me a ton of tea and some other stuff for my birthday a few months ago.

 

I did get her a credit card for use over there to pay for the stuff she needed to prepare for the interview. I tried to set up a bank account, but that was a bit of a joke needless to say. Thought an ATM card would be nice.

 

The G-325 is done. She just needs to sign it and send it back to me. I had all the information. Basically, everything is ready to be submitted. All that is left is for her to send back copies of her and her daughters passport, green card photos, and the G-325. I did everything for the lawyer...LOL I need to get some more photos, so I am going to tell the lawyer to wait a few weeks or even a month or so before filing.

Yeah Ron you will do all of the work and all the lawyer will do for all of that money you gave him/her is mail the forms. I chose the wrong profession.

 

Larry

[dnoblett]

Your lawyer may be unfamilure with the consulate's new electronic processing for CR-1 through NVC, this makes the two types take just about the same time to process to an interview.

 

For the most part CR-1 tends to take a bit longer (A week or two) 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-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 I-130 approal was taking much longer than today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant. USCIS has also tied the two together and has been approving I-129F and I-130 together on same date. K-3 intention was to allow spouse to enter the USA and WAIT for I-130 approval, since USCIS has been approving both together this essentially defeats the reason for K-3, (Entry and WAITING for I-130 Approval)

 

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job untli they have EAD of green-card, EAD can take 90 days or longer to get.

[xiaofeizhu]

Welcome to CFL.

 

I think you are already one step ahead because you are trying to see if this is an issue or not. I would be inclined to say no, as long as you have a lot of information about your relationship together. You will be fine, as long as you are prepared. Best of luck and hope to hear about your success!

 

I was a CR-1 and I agree with dnoblett about the benefits of being CR-1 if you do not want to pay later for AOS.

[chilton747]

Your lawyer may be unfamilure with the consulate's new electronic processing for CR-1 through NVC, this makes the two types take just about the same time to process to an interview.

 

For the most part CR-1 tends to take a bit longer (A week or two) 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-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 I-130 approal was taking much longer than today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant. USCIS has also tied the two together and has been approving I-129F and I-130 together on same date. K-3 intention was to allow spouse to enter the USA and WAIT for I-130 approval, since USCIS has been approving both together this essentially defeats the reason for K-3, (Entry and WAITING for I-130 Approval)

 

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job untli they have EAD of green-card, EAD can take 90 days or longer to get.

 

 

And don't forget the IR1...the best visa of all!!!

[Kyle]

We did the IR-1 by filing directly with the consulate. Very quick and painless process. I agree with Charles.

 

Just to clarify on the IR-1. IR-1 and CR-1 are both the same process. The only difference is this:

 

If you are married for less than two years at the time of US entry, you will be classified as CR-1, which will result in a conditional green card (2 year GC).

 

If you are married for over two years you will be classified as IR-1 which will result in a green card without conditions (10 year GC). Having a IR-1 also means that you will not have to go through the Removal of Conditions process. Basically, you'll be done with USCIS unless you choose at a later time to go through the naturalization process.

 

The initial cost of an IR-1/CR-1 is the same (I-130 petition and process), however because a CR-1 will require removal of conditions, it will cost more over the long run. Regardless (if an IR-1 is not an option), CR-1 offers the most advantages (in my opinion) for the least amount of cost.

 

Jingjing and I were married for over three years when she interviewed for her entry visa. This is why we have an IR-1 entry visa rather than a CR-1. We were able to file directly with the consulate because I have been living in China for over six months and am here on a permanent resident permit. Because we filed within China, we did not have to pay the NVC I-864 processing fee. We paid a total of 755 USD excluding the medical examination and vaccinations which cost us around 181.60 USD.

Edited December 21, 2009 by Kyle (see edit history)

[nevermind65]

Thanks for all the great information everybody. I really appreciate it. We are waiting for my wife to send the G-325 back with her signature, and a few other documents, and we are ready to apply.

 

Needless to say, we are both a bit on edge. I hope this isn't too bumpy of a ride...LOL

[Robert S.]

Uh, well, now at this point there is the sometimes followed tradition of the interesting new guy who, , comes out and tells the story about how all this came about and what happened before leading up to how you gravitated in a Chinese direction and what did you do during your 2-1/2 weeks in The Middle Country and there is an Our Stories board for that if you would like. So, welcome again.

Edited December 23, 2009 by Robert S. (see edit history)

[RobertH]

Do you like Cheetos?