CR1

[WaitingformyLove]

Hi Everyone. Amanda and myself had our K-1 rejected due to our time running out for our K-1 visa. Nice job by GZ delaying everything so the petition was sent back to the States six months later. As USCIS put it the petition was denied without prejudice due the required time running out. That be as it may I plan to go to China and marry Amanda in May. I was wondering if anyone has gone though the CR1 process and can give me some advice on documentation needed, (Amanda also has a 14 year old son who is coming with her). I have read the requirements and really only a couple of documents evade me. This is from the Chinese consulate web site in New York "marital status certification issued by the notary office of the applicant's country and confirmed by both the Ministry of Foreign Affairs(or a department authorized by the Ministry of Foreign Affairs) of the applicant's country and the Chinese embassy or consulate in the said foreign country£» or marital status certification issued by the embassy or consulate of the said foreign country in China." I just can not wrap my head around this...I just do not know what this means. Then further down the page I found this "2) A notarized certificate to certify that he or she do not have couple. This document should be notarized in a local Notary Public and Authenticated by Chinese Embassy or Consulate; 3) A statement to declare that he or she do not have lineal or collateral collateral relationship within 3 generations with his fiancee or her fiance. This document should also be notarized in a local Notary Public and Authenticated by Chinese Embassy or Consulate." For #2 does this mean that I simply write a statement that I am not presently married or do I need a certified copy of my divorce certificate, and another statementthat we are not blood related and have this notarized and authenticated at the chinese consulate? Sorry this is so wordy. We have known eachother for over 2 years now and engaged for over a year and really want the three of us to finally be a family.....together. Thanks in advance for any help. Chris

[dnoblett]

What you are describing is a certificate of singleness, you have two options:

 

Option 1:

1. Get a certificate of no marriage from your home state, varies by state. http://www.google.co...rtment+of+state
2. Get it authenticated by the Chinese consulate in the USA, http://www.nyconsula...gzrz/t42212.htm

OR

 

Option 2:

1. Visit the US Consulate in various cities in China and get a certificate there. (Simply plan a 1 or 2 day layover in Shanghai, Beijing or Guangzhou when traveling to China) http://guangzhou.usembassy-china.org.cn/information_about_getting_married_in_china2.html

Edited March 29, 2011 by dnoblett (see edit history)

[Beachey]

I just can not wrap my head around this...I just do not know what this means.

 

You don't speak Chinglish?

 

And to add what Dan said, the consulate calls it a Certificate of Mariageability. While I would have any divorce papers ready; it really is just a sworn or notarized statement, not actual proof, that you are not married.

[Randy W]

Hi Everyone. Amanda and myself had our K-1 rejected due to our time running out for our K-1 visa. Nice job by GZ delaying everything so the petition was sent back to the States six months later. As USCIS put it the petition was denied without prejudice due the required time running out. That be as it may I plan to go to China and marry Amanda in May. I was wondering if anyone has gone though the CR1 process and can give me some advice on documentation needed, (Amanda also has a 14 year old son who is coming with her). I have read the requirements and really only a couple of documents evade me. This is from the Chinese consulate web site in New York "marital status certification issued by the notary office of the applicant's country and confirmed by both the Ministry of Foreign Affairs(or a department authorized by the Ministry of Foreign Affairs) of the applicant's country and the Chinese embassy or consulate in the said foreign country£» or marital status certification issued by the embassy or consulate of the said foreign country in China." I just can not wrap my head around this...I just do not know what this means. Then further down the page I found this "2) A notarized certificate to certify that he or she do not have couple. This document should be notarized in a local Notary Public and Authenticated by Chinese Embassy or Consulate; 3) A statement to declare that he or she do not have lineal or collateral collateral relationship within 3 generations with his fiancee or her fiance. This document should also be notarized in a local Notary Public and Authenticated by Chinese Embassy or Consulate." For #2 does this mean that I simply write a statement that I am not presently married or do I need a certified copy of my divorce certificate, and another statementthat we are not blood related and have this notarized and authenticated at the chinese consulate? Sorry this is so wordy. We have known eachother for over 2 years now and engaged for over a year and really want the three of us to finally be a family.....together. Thanks in advance for any help. Chris

 

GUZ will routinely extend the validity of K-1 petitions. Six months to a year is not uncommon. Why was yours rejected (or denied)? If she had failed to return the P-3 or P-4 or simply not shown up for the interview, they would normally keep the petition on file for a year.

 

What usually happens is that GUZ will deny a visa, giving as a reason that the relationship was "not bona-fide". The petition is then returned to the USCIS for review and possible revocation. The USCIS will often not review the case on the grounds that the petition's validity has expired and the case is no longer active.

 

Whether this was a rejection, a denial, or WHATEVER, you should get a lawyer skilled in revocation cases to review your K-1 case BEFORE you try for a CR-1 to determine what derailed it. I can pretty much guarantee that "time running out" was not the reason given. If the ACTUAL reasons (not just the stated reason), your visa application can be denied again for the same reason.

 

You need someone to review your actual case, and not just what you are willing to share with us. We usually recommend Marc Ellis for this purpose. @ http://marcellislaw.com/ .

[WaitingformyLove]

Thanks so much for all your responses.

 

I have an additional question. I know that I need an Apostille but my problem is that I was married in New York, divorced in Arizona in 2000 and now I live in New York State again. Do I need an Apostille for Arizona or New York? Thanks again.

[dnoblett]

Thanks so much for all your responses with regard to my CR1 questions.

 

I have an additional question. I know that I need an Apostille but my problem is that I was married in New York, divorced in Arizona in 2000 and now I live in New York State again. Do I need an Apostille for Arizona or New York? Thanks in advance.

Divorce decree from where you got divorced, (AZ).

[Randy W]

An apostille would be a document for use in a foreign country - in this case, a "single certificate" to submit to the Chinese authorities so that he can get married.

 

You would apply for this at the Chinese consulate serving your present residence (New York).

 

Getting Married in China

To legally get married in China, you will gather the required documents and present them to the appropriate Chinese authorities. Any ceremony is optional.

 

Chinese Embassy in Washington, D.C. -

Marriage Registration in China

(includes a sample single affidavit)

 

The required documents may be certified in China by taking them to a consulate/Embassy. The documents may be ready in time to get married (register) that same day. In the states, it must be notarized then sent to your state's department of state for notarization...then sent to the Chinese consulate

 

Foreign-Related Marriage And Divorce In China

[WaitingformyLove]

Hi All,

 

We are finally getting ready to sent our I-130 and supporting documents.....finally. My stepson was 14 years old when my wife and I married. He is now 15. Do I have to file a separate I-130 for him and an additional filling fee, or do I just have to name him on my wives I-130-Section C?

 

Thanks!!

[dnoblett]

Hi All,

 

We are finally getting ready to sent our I-130 and supporting documents.....finally. My stepson was 14 years old when my wife and I married. He is now 15. Do I have to file a separate I-130 for him and an additional filling fee, or do I just have to name him on my wives I-130-Section C?

 

Thanks!!

You will be filing TWO I-130 petitions, one for spouse and another for step-child, two fees etc, and later two visa fees to NVC.

 

Spouse Package: http://www.visajourney.com/content/i130guide1

Step Child Guide: http://www.visajourney.com/content/childpet