Getting married here or there?

[monkeyking]

I've gotten a lot of conflicting advice on what's better in the long run, to have your Chinese girlfriend come over on a fiancee visa and get married in the US or marry in China and work out a spouse visa. What did you do, and what would you recommend? Is there any benefit to getting married in China, or will that actually prolong the process?

[dnoblett]

Actually either approach will take similar time to process through to a visa.

 

K-1

Pro:

• Slightly quicker due to less processing at NVC,
  
• If it is rejected on bonafide relationship grounds, more than likely you can simply marry and file for a spousal visa.
  

Con:

• EXPENSIVE Fees I-129F: $455 Consulate: $131 (Soon to be $350) AOS: $1010 ($1596) ($1815 when consulate increases fee)
  
• Has to adjust status to get a green-card, unable to travel or work until they have AP/EAD and/or Green-card from AOS.
  

CR-1 Spousal visa:

Pro:

• Lower cost I-130: $355, NVC I-864: $70, NVC Visa fee: $400 ($355+$45) ($825)
  
• Gets green-card upon entry to the USA
  
• No status to adjust.
  

CON:

• If denied by consulate, is harder to over come, no reapply route like K-1.
  

K-3:

It is looking like K-3 is becoming a thing of the past, because USCIS has been approving I-130 AND I-129F for K-3 on the same date, and sending them both to NVC. NVC has started administratively closing the I-129F (K-3) if they receive both petitions at same time.

 

This makes sense, the life-act visa was developed as an OPTION for couples facing a LONG I-130 approval process, it allowed the foreign spouse to enter the USA and WAIT for I-130 approval, but since I-130 and I-129F are being approved at the same time, this eliminates the reason the K-3 was offered in the first place.

 

 

In any case it is best to visit Fiancee/spouse a couple times BEFORE filing the visa petition, goes to establishing a bonafide relationship

Edited March 26, 2010 by dnoblett (see edit history)

[david_dawei]

your mentioning the one issue which can destroy either path; Worrying more prolonging than about establishing the relationship prior to either path. Rush either one and GUZ may find an excuse.

 

They are more apt to deny K1s then ever; and then seeing them come back for a K3/CR1 get approved... which is simply a subliminal message to slow things down and show there's no rush.

 

I would take a year getting to know each other, then go marry in china; then file. The best offense is sometimes the best defense... and you get to truly know her more.

[monkeyking]

Maybe I should explain my situation. I lived in China for 18 months (teaching), and my girlfriend and I dated for a year while I was there. She's kept all of my e-mails from the beginning and anything else I gave her, though we only have about 20-25 pictures of us together. I'm just not sure what would be the best way for her to come here, whether it's the K-1 or the spousal visa. We won't be starting the steps to either for a while, but I do want to make sure I am preparing for the right direction.

[dnoblett]

Maybe I should explain my situation. I lived in China for 18 months (teaching), and my girlfriend and I dated for a year while I was there. She's kept all of my e-mails from the beginning and anything else I gave her, though we only have about 20-25 pictures of us together. I'm just not sure what would be the best way for her to come here, whether it's the K-1 or the spousal visa. We won't be starting the steps to either for a while, but I do want to make sure I am preparing for the right direction.

You have a bonafide relationship, If you can afford another trip over I would go for the Marriage in China, and then filing an I-130 for a CR-1 Spousal visa.

[chilton747]

Maybe I should explain my situation. I lived in China for 18 months (teaching), and my girlfriend and I dated for a year while I was there. She's kept all of my e-mails from the beginning and anything else I gave her, though we only have about 20-25 pictures of us together. I'm just not sure what would be the best way for her to come here, whether it's the K-1 or the spousal visa. We won't be starting the steps to either for a while, but I do want to make sure I am preparing for the right direction.

You have a bonafide relationship, If you can afford another trip over I would go for the Marriage in China, and then filing an I-130 for a CR-1 Spousal visa.

 

 

I would take it a step farther and do the IR1 if you can wait a couple of more years. The IR1 gives you a 10 year green card with no interference or extra fees from the government again.

[david_dawei]

Maybe I should explain my situation. I lived in China for 18 months (teaching), and my girlfriend and I dated for a year while I was there. She's kept all of my e-mails from the beginning and anything else I gave her, though we only have about 20-25 pictures of us together. I'm just not sure what would be the best way for her to come here, whether it's the K-1 or the spousal visa. We won't be starting the steps to either for a while, but I do want to make sure I am preparing for the right direction.

You have a bonafide relationship, If you can afford another trip over I would go for the Marriage in China, and then filing an I-130 for a CR-1 Spousal visa.

 

 

I would take it a step farther and do the IR1 if you can wait a couple of more years. The IR1 gives you a 10 year green card with no interference or extra fees from the government again.

bingo... that's what I'm thinking about.

[Kyle]

Maybe I should explain my situation. I lived in China for 18 months (teaching), and my girlfriend and I dated for a year while I was there. She's kept all of my e-mails from the beginning and anything else I gave her, though we only have about 20-25 pictures of us together. I'm just not sure what would be the best way for her to come here, whether it's the K-1 or the spousal visa. We won't be starting the steps to either for a while, but I do want to make sure I am preparing for the right direction.

You have a bonafide relationship, If you can afford another trip over I would go for the Marriage in China, and then filing an I-130 for a CR-1 Spousal visa.

 

 

I would take it a step farther and do the IR1 if you can wait a couple of more years. The IR1 gives you a 10 year green card with no interference or extra fees from the government again.

bingo... that's what I'm thinking about.

Worked out great for us. Of course, we were in China during our filing process. Good luck to you.

[warpedbored]

Two major advantages to K-1 that are seldom mentioned. If the relationship falls apart during the long wait no divorce is needed. If you get a white slip for a K-1 you can get married and start over.

[Randy W]

The biggest time-wise advantage to a K-1 is that you can file NOW (only one trip to meet her is required), without having to wait for another trip to China to get married.

Edited March 27, 2010 by Randy W (see edit history)

[tsap seui]

 

I would take it a step farther and do the IR1 if you can wait a couple of more years. The IR1 gives you a 10 year green card with no interference or extra fees from the government again.

bingo... that's what I'm thinking about.

 

 

Amen!!! Knowing what I know now, I would have gone for an IR-1 as my first application.

 

But, you meet the lil' woman, you read up on the different visa types and you want her over here yesterday so, at that time, the K-1 is the quickest (maybe it still is).

 

Carl brings up a very good point though, with the K-1 if you get denied it isn't nearly the trouble of battling it out over a CR-1.

 

The OP has known the woman for years now, and as we has seen over and over again, and as Mick Jagger sang in the Stones first album..."TIME...it's on my side, yes it is". Either type, CR-1 or K-1 may work well, and with the electronic CR-1 filing the CR-1 could even be quicker.

 

Answer to the OP's question...I don't know.

 

tsap seui

[ktmracer]

Why don't you ask what she wants to do.

My laopo wanted to be married in her home town surrounded by her family. No, she did not want the ceremony thing and then the actual marriage here. For myself, it was a great experience of a true traditional Chinese wedding along with day long process of the making of the wedding book beforehand. The signing of the papers felt more like a visit to the Justice Of Peace, but the wedding party was incredible.

[monkeyking]

Thanks for all the replies (and I'm sorry I'm so late to acknowledge your help). We talked about this and decided we would like to marry in the US. Right now, it's manageable to live apart as boyfriend/girlfriend, but as husband/wife, the distance and wait to finally be together isn't appealing at all. How long is the CR-1 process, from start to finish?

Edited April 6, 2010 by clarkisdark (see edit history)