Getting married in the U.S. but continuing to live in China

[weregoing]

I have a friend from China, actually a friend of my wife, who is asking for help with a K-1 visa. I told her I would help, but she told me right after that she and her boyfriend (from California) would both continue living in China as they have been.

 

So, I am not sure what their intent is. I think they just want to have the ceremony here in the U.S. with his friends and family.

 

I don't know if they have another motive in mind such as thinking it will somehow make it a free ticket, or at least much simpler, to move to the U.S. when the time comes.

 

Can anyone see any benefit to this? Any reason not to do it?

 

I am pretty sure she could come here on a tourist visa and get married to him if she wanted. At the courthouse they don't ask to see any documentation other than a passport, if I remember correctly.

 

I also mentioned the possibility of filing directly to the the consulate in China. (I forget what this process is called.) But that is for immigration, correct? It wouldn't give her some sort of green-card-whenever-your'e-ready-to-move, would it?

[Ryan H]

I also mentioned the possibility of filing directly to the the consulate in China. (I forget what this process is called.) But that is for immigration, correct? It wouldn't give her some sort of green-card-whenever-your'e-ready-to-move, would it?

 

Direct Consular Filing is the process you are thinking of. It's only avaiblable if the American spouse has lived in China for 6 months and it's only available for a Spousal Visa.

[C4Racer]

I have a friend from China, actually a friend of my wife, who is asking for help with a K-1 visa. I told her I would help, but she told me right after that she and her boyfriend (from California) would both continue living in China as they have been.

 

So, I am not sure what their intent is. I think they just want to have the ceremony here in the U.S. with his friends and family.

 

I don't know if they have another motive in mind such as thinking it will somehow make it a free ticket, or at least much simpler, to move to the U.S. when the time comes.

 

Can anyone see any benefit to this? Any reason not to do it?

 

I am pretty sure she could come here on a tourist visa and get married to him if she wanted. At the courthouse they don't ask to see any documentation other than a passport, if I remember correctly.

 

I also mentioned the possibility of filing directly to the the consulate in China. (I forget what this process is called.) But that is for immigration, correct? It wouldn't give her some sort of green-card-whenever-your'e-ready-to-move, would it?

 

The issuance of visas is all about intent. The reason for many to get denied a visitor visa is because they assume an intent to immigrate. If you use a visa with the incorrect intent, it makes it that much harder get another visa. Here is the definition of a K1 visa as stated by the Department of State.

 

Overview: What Is a K-1 Visa? The fianc¨¦(e) K-1 nonimmigrant visa is for the foreign-citizen fianc¨¦(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fianc¨¦(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security¡¯s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fianc¨¦(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fianc¨¦(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas

 

If you do not intent to immigrate to the US than it is best to use another type of visa. The argument the consulate will use is, "Last time you told us you were going to immigrate, but did not. Why should we believe you this time?"

 

You will also find that when you use a visa for its intended purpose, you will get another visa much easier. They will tend to believe you that much easier.

[dnoblett]

actually this is one of the uses of a K-1 visa enter USA, marry and either adjust status OR return home and later apply for spouse visa. Here is why, a K-1 can apply for a SSN based on their visa, some states will not issue a marriage license to a person without SSN, second the SSN later is useful when married couple files joint IRS returns while living over seas.

 

And NO being married in USA is not a fast track to getting a spouse visa.

[weregoing]

actually this is one of the uses of a K-1 visa enter USA, marry and either adjust status OR return home and later apply for spouse visa. Here is why, a K-1 can apply for a SSN based on their visa, some states will not issue a marriage license to a person without SSN, second the SSN later is useful when married couple files joint IRS returns while living over seas.

 

And NO being married in USA is not a fast track to getting a spouse visa.

 

I know it's not a fast track, but didn't know if it make their lives easier in any possible way, if they intend to keep living in China with an intention to immigrate at some unknown time.

 

If they decide to apply for a K-1 and get it and visit the U.S. just to marry (visit family, ceremony etc.) you're saying they can then apply for AOS back in China, correct? Or would they need to stay in the U.S. for a certain amount of time to apply for AOS? What about when the 2 year period comes when it's time to apply for the 10 year card? I thought proving domicile is a big part of all steps of the process. Keep in mind they have both lived together in China for quite some time and plan to continue living there.

 

"If you do not intent to immigrate to the US than it is best to use another type of visa." - What kind do you suggest? Would DCF make any sense? Isn't there a period of time it's validity runs out like the K-1 visa?

[dnoblett]

actually this is one of the uses of a K-1 visa enter USA, marry and either adjust status OR return home and later apply for spouse visa. Here is why, a K-1 can apply for a SSN based on their visa, some states will not issue a marriage license to a person without SSN, second the SSN later is useful when married couple files joint IRS returns while living over seas.

 

And NO being married in USA is not a fast track to getting a spouse visa.

 

I know it's not a fast track, but didn't know if it make their lives easier in any possible way, if they intend to keep living in China with an intention to immigrate at some unknown time.

 

If they decide to apply for a K-1 and get it and visit the U.S. just to marry (visit family, ceremony etc.) you're saying they can then apply for AOS back in China, correct? Or would they need to stay in the U.S. for a certain amount of time to apply for AOS? What about when the 2 year period comes when it's time to apply for the 10 year card? I thought proving domicile is a big part of all steps of the process. Keep in mind they have both lived together in China for quite some time and plan to continue living there.

 

"If you do not intent to immigrate to the US than it is best to use another type of visa." - What kind do you suggest? Would DCF make any sense? Isn't there a period of time it's validity runs out like the K-1 visa?

No, the only wat to apply for AOS would be doing so in the USA shortly after marriage and NOT leaving with out green-card or an AP document.

 

What they would be dong if they did not file AOS for a green-card would simply be filing for a spouse (CR-1 or IR-1 visa) either by sending a package to the USCIS in the USA, or if US citizen resides in China for more than 6 months, they can file the I-130 (CR-1/IR-1 visa petition) to US consulate or Embassy in China.

 

Even if no intent to immigrate the better visa for this purpose IS the K-1, this is what is for (it is a Fiancee visa for marriage in the USA. A common B-2 visitors visa can be difficult to acquire, and as I stated before, an many states REQUIRE a SSN for a marriage license, A B-2 visa holder cannot get a SSN, but a K-1 CAN get SSN.

 

Green-Card is for living in the USA, not overseas, it is not some type of permanent visa.

 

In this case get a K-1 marry and then return to China, then later file for a CR-1 or IR-1 visa when intending to immigrate. If entry to USA happens AFTER 2 years of marriage, the resulting green-card will be a 10 year un-conditional one.

 

Yes Domicile must be maintained by US citizen, and is required even for K-1 visa, US citizen needs to provide an I-134 affidavit of support for the K-1, which requires US Domicile.

Edited December 10, 2010 by dnoblett (see edit history)

[weregoing]

But as you said, the K-1 visa requires that she stay in the U.S. until at least receiving the AP document, correct? If she leaves the country, I'm guessing the AOS will be cancelled or denied. Also isn't having to attend an interview for the green card typical?

 

They are determined to have a wedding in the U.S. and keep mentioning the K-1, but I still am not convinced it is the right choice. What difference does applying for a K-1 visa (and not really using) make to the future filing of a IR1 or CR1?

 

Wouldn't Direct Consular Filing be the best option? After they receive it, couldn't they take a trip to the U.S., get married, and return to China? Is immediate intent to immigrate required?

[dnoblett]

But as you said, the K-1 visa requires that she stay in the U.S. until at least receiving the AP document, correct? If she leaves the country, I'm guessing the AOS will be cancelled or denied. Also isn't having to attend an interview for the green card typical?

 

They are determined to have a wedding in the U.S. and keep mentioning the K-1, but I still am not convinced it is the right choice. What difference does applying for a K-1 visa (and not really using) make to the future filing of a IR1 or CR1?

 

Wouldn't Direct Consular Filing be the best option? After they receive it, couldn't they take a trip to the U.S., get married, and return to China? Is immediate intent to immigrate required?

DCF is only an option for a couple who are already married marry first either in China, then DCF OR apply for a K-1 the normal way, come to USA, marry, then go home to China and later use DCF for a spouse visa. DCF cannot be used to apply for a K-1 visa.

 

The only benefit of K-1 is to allow a visit with US family before marriage then marry in USA, and may not be denied by consulate on grounds of possible immigrant intent like a B-2 visa can be. B-2 has to prove no intent to immigrate a K-1 has immigrant intent as part of the visa type so would not be denied on that ground.

Edited December 12, 2010 by dnoblett (see edit history)

[weregoing]

Sorry, dnoblett. I should have mentioned that they most likely have no problem marrying in China first ("registering") if that would make the situation easier.

 

Regardless of whether there are future benefits from the marriage taking place, they want to have a wedding ceremony and be legally wed in the U.S. - again, being married in China first is not an issue.

 

Because their intent to immigrate is, at best, "sometime, possibly, at an unknown future date," I guess there are several possibilities:

 

1) They file for a K-1 visa, get it, somehow plan a wedding to coincide with the 90-day window of opportunity that a K-1 visa allows, then probably have to return to China before AP can be applied for. He is working in China and I doubt she has several months to sit around the U.S. to wait for an AP document. I am guessing that by doing this she will give up her "right" to file AOS. So, basically they spend a whole lot of money on a K-1 visa just to have a wedding in the U.S., and to be legally married there, but without receiving any other benefit for the future. Actually, I do not know whether doing this would be a detriment to her future immigration, a benefit, or have no effect whatsoever.

 

2) The figure out something better. Any other kind of visa that allows them to get married in the U.S. and make their life easier in the future should something happen. (e.g. His job takes him back to the U.S. with little warning and, as his wife, she naturally wants to come with him without waiting .5-1.5 years, or she wants to travel with him back home on his vacations, etc. - I am just speculating and the reasons are obvious why someone married to a citizen of another country would want the ability to move back and forth painlessly, unfortunately this isn't how BORDERS work...heh)

 

I know this sounds ridiculous because they are trying to get an immigration visa for her without an intent to immediately immigrate. But the point is that they want to get married in the U.S. with his family and friends there, and they might as well make that process as efficient as possible with consideration of their future. They also do not want to do something that harms her chances of immigrating to the U.S. at a later date, which I suspect doing something like getting married on a tourist visa might do. Let's just assume they are from a place that does NOT require a SS# to get married.

 

I guess the bottom line is that for whatever reason they WANT to have the wedding in the U.S. and be legally married there but continue living in China. At WORST, they spend a lot of money just to accomplish this and then if and when they decide to move to the U.S., they go through the whole headache again by filing whatever kind of spousal visa is appropriate. At BEST, they figure out a way to get married in the U.S. while making her future immigration to the U.S. easier.

 

Having filed a K-1 visa myself, they asked me for help with their situation and I'm simply trying to help. If I can't help, I will recommend them to ask a lawyer. But they are also a little bit worried of a lawyer (either in China or from the U.S.) taking advantage of their "unique" situation and not having their best interest in mind.

 

Any more ideas...?

[dnoblett]

1), Again they can gome to the USA on a K-1 and get married, and the head back to China without filing for AOS and AP, it is not REQUIRED, in fact AOS costs $1070 in fees. They can LATER file for a CR-1 or even IR-1 visa via DCF, this in fact is less expensive than AOS/AP. I have seen several cases where a person returns to home country before filing AOS and later apply for a Spouse visa.

 

2) The K-1 IS for this purpose..

 

 

As I said in prior posts B-Visa cases the NON-Immigrant unit makes the assumption of immigrations intent, and can and WILL deny if they suspect immigrations intent, however the K-1 ultimatly has IMMIGRATIONS intent, and WILL NOT be denied based on that. K-1's tend to get denied on the suspicion of NON-Bonafide relationship, if they have a solid long term relationship prior to filing I-129F for K-1, they this probably would not be a denial.

 

Later DCF -Spouse visas tend to be the lowest denied visa, and in the case oh having a prior successful K-1 visa, it would be highly unlikely a spouse visa would be denied.

[chobagui]

1), Again they can gome to the USA on a K-1 and get married, and the head back to China without filing for AOS and AP, it is not REQUIRED, in fact AOS costs $1070 in fees. They can LATER file for a CR-1 or even IR-1 visa via DCF, this in fact is less expensive than AOS/AP. I have seen several cases where a person returns to home country before filing AOS and later apply for a Spouse visa.

 

2) The K-1 IS for this purpose..

 

 

As I said in prior posts B-Visa cases the NON-Immigrant unit makes the assumption of immigrations intent, and can and WILL deny if they suspect immigrations intent, however the K-1 ultimatly has IMMIGRATIONS intent, and WILL NOT be denied based on that. K-1's tend to get denied on the suspicion of NON-Bonafide relationship, if they have a solid long term relationship prior to filing I-129F for K-1, they this probably would not be a denial.

 

Later DCF -Spouse visas tend to be the lowest denied visa, and in the case oh having a prior successful K-1 visa, it would be highly unlikely a spouse visa would be denied.

 

what if you are already married in China.....intend to stay in china for an undetermined amount of time...but would like to bring your wife to the States to visit and have a ceremony there? does it make sense to apply for a K-1 visa without mentioning the inconvenient fact that you already registered a marriage in China? the B-1 visa route is pretty much closed off to us for now. rgds, will

Edited December 14, 2010 by chobagui (see edit history)

[dnoblett]

what if you are already married in China.....intend to stay in china for an undetermined amount of time...but would like to bring your wife to the States to visit and have a ceremony there? does it make sense to apply for a K-1 visa without mentioning the inconvenient fact that you already registered a marriage in China? the B-1 visa route is pretty much closed off to us for now. rgds, will

NO CAN DO!!! K-1 is only for an unmarried couple, it is a FIANCEE visa. LYING to the consulate is grounds for inadmissibility, it is MISREPRESENTATION.

 

Filing the I-129F while married is also misrepresentation the petition requires that the couple be free-to marry prior to filing I-129F.

 

Besides K-1 Requires a certificate of non marriage from the non us citizen, brought to the visa interview.

 

B-Visa is not a closed thing, the consulate needs solid evidence of ties to China, on option that others have pointed out is a frozen asset held by the bank in China, and a letter indicating that the asset will remain frozen until return to China.

Edited December 14, 2010 by dnoblett (see edit history)

[celiothrkn]

Sorry, dnoblett. I should have mentioned that they most likely have no problem marrying in China first ("registering") if that would make the situation easier.

 

Regardless of whether there are future benefits from the marriage taking place, they want to have a wedding ceremony and be legally wed in the U.S. - again, being married in China first is not an issue.

 

Because their intent to immigrate is, at best, "sometime, possibly, at an unknown future date," I guess there are several possibilities:

 

1) They file for a K-1 visa, get it, somehow plan a wedding to coincide with the 90-day window of opportunity that a K-1 visa allows, then probably have to return to China before AP can be applied for. He is working in China and I doubt she has several months to sit around the U.S. to wait for an AP document. I am guessing that by doing this she will give up her "right" to file AOS. So, basically they spend a whole lot of money on a K-1 visa just to have a wedding in the U.S., and to be legally married there, but without receiving any other benefit for the future. Actually, I do not know whether doing this would be a detriment to her future immigration, a benefit, or have no effect whatsoever.

 

2) The figure out something better. Any other kind of visa that allows them to get married in the U.S. and make their life easier in the future should something happen. (e.g. His job takes him back to the U.S. with little warning and, as his wife, she naturally wants to come with him without waiting .5-1.5 years, or she wants to travel with him back home on his vacations, etc. - I am just speculating and the reasons are obvious why someone married to a citizen of another country would want the ability to move back and forth painlessly, unfortunately this isn't how BORDERS work...heh)

 

I know this sounds ridiculous because they are trying to get an immigration visa for her without an intent to immediately immigrate. But the point is that they want to get married in the U.S. with his family and friends there, and they might as well make that process as efficient as possible with consideration of their future. They also do not want to do something that harms her chances of immigrating to the U.S. at a later date, which I suspect doing something like getting married on a tourist visa might do. Let's just assume they are from a place that does NOT require a SS# to get married.

 

I guess the bottom line is that for whatever reason they WANT to have the wedding in the U.S. and be legally married there but continue living in China. At WORST, they spend a lot of money just to accomplish this and then if and when they decide to move to the U.S., they go through the whole headache again by filing whatever kind of spousal visa is appropriate. At BEST, they figure out a way to get married in the U.S. while making her future immigration to the U.S. easier.

 

Having filed a K-1 visa myself, they asked me for help with their situation and I'm simply trying to help. If I can't help, I will recommend them to ask a lawyer. But they are also a little bit worried of a lawyer (either in China or from the U.S.) taking advantage of their "unique" situation and not having their best interest in mind.

 

Any more ideas...?

 

I would advise they go to Hong Kong to get married. That's what we did. At the least the marriage certificate will be in both English / Chinese. BTW the US recognizes HK marriage certificates.

 

Besides, flying to Hong Kong is cheaper than to the US. His fiance/soon-to-be-wife would also have a very easy time getting a tourist visa to Hong Kong. He would have absolutely no problem going to Hong Kong because he would be granted a tourist visa upon arrival. Getting a visa to come to the US is much harder, as mentioned by others.

Edited December 25, 2010 by celiothrkn (see edit history)

[dnoblett]

I would advise they go to Hong Kong to get married. That's what we did. At the least the marriage certificate will be in both English / Chinese. BTW the US recognizes HK marriage certificates.

 

Besides, flying to Hong Kong is cheaper than to the US. His fiance/soon-to-be-wife would also have a very easy time getting a tourist visa to Hong Kong. He would have absolutely no problem going to Hong Kong because he would be granted a tourist visa upon arrival. Getting a visa to come to the US is much harder, as mentioned by others.

It is quite easy to get an English translation at the notary office in China where you get a Marriage cert when getting married in China.

 

And BTW The US recognizes marriage certs from any country no matter what language it is in, for immigrations it just needs a translation attached.

[natopronto]

Which is the best way to go? Marry in Mainland China or the States? It appears the time lines are not too much different between the two K-1 or CR1.