Doing K1-Visa, HELP

[computerguy]

Hello Forum!

 

I have been in China for over 6 months now working as a teacher. I decided to go after finishing college, because I wanted to do this before I started my career. During this time I also met the girl of my dreams.

So, long story short I am working on a K-1 Visa.

After reviewing the forms, I am a little confused on how living in China atm affects my petition. There appears to be no requirement for me to be in USA.

The I-129F asks for an address and so does the G form that needs to accompany it. Should I fill this form out with my address in China? Or my permanent address in USA? Also, I've read in some places they can ask to interview the petitioner, how will this work if I am in China? Will I need to fly back to USA for this interview? The G form also asks for addresses you lived at in the last 5 years, in college, I lived at a few apartments, but none of them were 'permanent', should I include them, or just my family's home?

 

Also, given my salary in China, I might not make the poverty guideline, at least be right on the edge with it, so I have convinced my parents to co-sign (That and I will have to switch jobs when I return to USA). However, I see nothing on the official government websites about co-signing but see it discussed everywhere on the web. If I understand co-signing correctly, they just need to fill out the exact same affidavit of support as I do, only mark they are not the ones petitioning for her.

[dnoblett]

A question.

 

Being in China more than 6 months, is this on some sort of residency visa? I ask this because in that case why not marry now, and apply for spouse visa in country, the processing time is much less, as well as the costs.

 

This is exactly what Kyle and others have done, it is called direct consular filing.

 

As for your questions:

 

1) Yes use your foreign address as current address, or use your "domicile" address as long as someone there can handle any requests made of USCIS for additional paperwork.

2) Not often is petitioner interviewed unless there is some big spot on your record. If need to interview it will be in the states.

3) College address like dorms, need not be listed, they are temporary, however, if you received mail and paid bills from those addresses and have a paper trail to those address, then list them.

4) Income comes into play at the time of visa interview, not when filing a petition, you will need to provide evidence of US Domicile.

5) Yes you can use a parent as a co-sponsor or joint sponsor.

[computerguy]

A question.

 

Being in China more than 6 months, is this on some sort of residency visa? I ask this because in that case why not marry now, and apply for spouse visa in country, the processing time is much less, as well as the costs.

 

This is exactly what Kyle and others have done, it is called direct consular filing.

 

As for your questions:

 

1) Yes use your foreign address as current address, or use your "domicile" address as long as someone there can handle any requests made of USCIS for additional paperwork.

2) Not often is petitioner interviewed unless there is some big spot on your record. If need to interview it will be in the states.

3) College address like dorms, need not be listed, they are temporary, however, if you received mail and paid bills from those addresses and have a paper trail to those address, then list them.

4) Income comes into play at the time of visa interview, not when filing a petition, you will need to provide evidence of US Domicile.

5) Yes you can use a parent as a co-sponsor or joint sponsor.

 

 

 

direct consular filing, I just read about this, I'm curious. However, I am on a Work Visa, with a Resident Permit, does that qualify? and do we need to be married first, then 6 months? And is there any sort of trick to this? from what I just googled, it seems so much easier its scary. I am confused why the process is easier.

[dnoblett]

direct consular filing, I just read about this, I'm curious. However, I am on a Work Visa, with a Resident Permit, does that qualify? and do we need to be married first, then 6 months? And is there any sort of trick to this? from what I just googled, it seems so much easier its scary. I am confused why the process is easier.

 

Heck yes that qualifies.

 

If I were in your shoes I would go for the CR-1 through Direct Counselor Filing and forget the K-1. Your Spouse would immediately get green-card upon entry to the USA, no expensive adjustment of status involved.

 

You will need to visit a US consulate first to get a marriageability cert, visit the closest US consulate.

 

http://guangzhou.usembassy-china.org.cn/information_about_getting_married_in_china2.html

 

Marry, and then file I-130 to the DHS department at the US consulate.

 

http://beijing.usembassy-china.org.cn/homeland_security.html

 

Kyle has detailed info: http://candleforlove.com/forums/index.php?showuser=39520 Shoot him a PM,

 

http://candleforlove.com/forums/index.php?showtopic=39544

[computerguy]

direct consular filing, I just read about this, I'm curious. However, I am on a Work Visa, with a Resident Permit, does that qualify? and do we need to be married first, then 6 months? And is there any sort of trick to this? from what I just googled, it seems so much easier its scary. I am confused why the process is easier.

 

Heck yes that qualifies.

 

If I were in your shoes I would go for the CR-1 through Direct Counselor Filing and forget the K-1. Your Spouse would immediately get green-card upon entry to the USA, no expensive adjustment of status involved.

 

You will need to visit a US consulate first to get a marriageability cert, visit the closest US consulate.

 

http://guangzhou.usembassy-china.org.cn/information_about_getting_married_in_china2.html

 

Marry, and then file I-130 to the DHS department at the US consulate.

 

http://beijing.usembassy-china.org.cn/homeland_security.html

 

Kyle has detailed info: http://candleforlove.com/forums/index.php?showuser=39520 Shoot him a PM,

 

http://candleforlove.com/forums/index.php?showtopic=39544

 

 

One more question I'd like to ask you. My fiance's parents prefer for us to have wedding ceremony in the future in China after we have a house and bigger career. (Face is important you know in China). Will this affect my ability to take this route? I would assume at the interview they will want wedding pictures ect. And we really just planned on doing something simple and private now and later go back for a real ceremony.

[dnoblett]

One more question I'd like to ask you. My fiance's parents prefer for us to have wedding ceremony in the future in China after we have a house and bigger career. (Face is important you know in China). Will this affect my ability to take this route? I would assume at the interview they will want wedding pictures ect. And we really just planned on doing something simple and private now and later go back for a real ceremony.

 

Should not be an issue, you should be able to do a legal marriage, with a small ceremony to qualify for the petition filing, and yes, later on a later trip to China, have a big wedding ceremony for friends and family, a restating of vows.

 

As for building up evidence, have an engagement party for pictures, get pictures with more than your fiancee, get pictures with family too.

Edited March 9, 2011 by dnoblett (see edit history)