Need advice on the timing of my K-1 filing

[david_dawei]

OK... here comes the grinch... 'merry' whatever you are thinking

 

Your entire posting bleeds and spits and drools of wanting to rush the filing and relationship. Do you do this in real life or only because of anxiety of the filing process? Time to wake up.

 

You need a 2 year plan. FORGET filing. THINK relationship building. If you forget this point, you can forget the relationship... of course, this is only MY opinion.

 

The filing climate is not so great now. You MUST ask yourself this one question:

1. How does my petition, relationship, evidence PROVE to GUZ we are truly above all others and bona-fide...

2. Look at #1 again; and again; and again...

 

If you file as you want right now, your full of flags... This is only MY opinion.

 

File after 2 years of a relationship and then think of what you have personally and emotionally established; How you might word the petition differently. How GUZ might review a relationship of 2-3 years differently... This is only MY opinion.

[zw6233]

 

If you file as you want right now, your full of flags... This is only MY opinion.

 

 

 

Wow, You scared me here. I like to get rid of as many 'red flags' as possible. The main reason for me to rush this is because I have no vacation days left (for the rest of this year and early next year) after my visit in June. It's hard to develop our relationship to another level when you can't meet each other and is not really part of the other party's day-to-day life.

 

I would like to hear what other red flags you can see that I haven't thought of:

 

(The red flags I can think of):

 

1. Previous K1 marriage from 9 years ago. (There is nothing I can do to help that at this point)

 

2. Length of time we two have known each other: 6 months (as of today)

 

3. Number of unique trips I have meet her: 2 times (will be 3 times after my trip in June)

Total time we two spent together: 3 weeks (will be 5 weeks after June)

 

4. If we decide to marry in June and file for CR1:

a. I won't be able to go back to China and see her again this year. (makes people wonder why you marry each other?)

b. Never really lived together after the marriage.

c. Not sure if I can list her as beneficiary on my 401K & insurance without she being here in US and obtain a SSN first.

d. Won't have any joint bank account. (I see no reason to create one in China or in US besides immigration benefits)

e. Don't have enough time to arrange a formal wedding in June; therefore won't have any nice wedding photos to show for.

 

 

Anything else I missed?

 

 

Seems like I will raise more reds flag doing CR1 compare to K1. Besides the benefits of immediate green card at landing and cost savings, are there other reasons that doing CR1 can actually help my chances at the Guangzhou interview?

 

 

 

Thanks.

Edited April 7, 2011 by zw6233 (see edit history)

[Randy W]

 

. . .

 

I think we have enough photos for the I129F petition (to proof we have meet in person), but I am little concerned about the negative impact of my previous K1 marriage and the length of time (6 months) we have known each other.

 

. . .

 

 

 

Your situation seems to boil down to exactly what you stated here. When is enough enough to get the visa? This cannot be determined without someone going over your petition in detail.

 

To my way of thinking, you have a third party in the form of the thugs/visa officers at GUZ smack in the middle of your relationship, keeping you apart - until such time as you get the visa. This is a good reason in itself to "rush" the petition through this year rather than next, IF you have a "good enough" case.

 

You have more or less stated that the petition/application fees are not an object in determining when and how to file.

 

Consider having Marc Ellis review your case for you. He is an immigration lawyer VERY familiar with the ins and outs of GUZ and VERY skilled at reviewing petitions to determine any "red flags". He is usually recommended for denial/overcome cases, but it may be in your best interest to be proactive there and contact him NOW at http://marcellislaw.com/

[david_dawei]

A few things first:

1. However strong I come across, it is just my opinions and observations. Nothing personal.

2. You need to drop thoughts concerning ‘3 month reunion delays’. It may build up more frustration; you already twice have used the word “scared”. If your denied, those 3 months are meaningless. Focus on the relationship, not the visa.

3. You mention your past relationship as a ‘mistake’, yet talk of the advantage of the K1 is you can walk away more easily if denied. If denied, will you once again characterize the second attempt as a ‘mistake’? (Rhetorical). You need the right mindset for this process and I don’t see it yet.

4. My overall impressions is that you’re not mentally and emotionally ready for this process.

 

K1 Advantage:

I only see one advantage to you doing the K1 and it has NOTHING to do with 3 months savings; it’s that after filing you know you can at least visit one more time DURING the process.

 

If you wait and file around July/Aug, will you be able to visit before a May 2011 interview? (Somewhat theoretical choice of May, just need to see your one year plan).

 

Comments:

 

We will definitely have a lot more photos and 'total time spent together' after that trip, but at the cost of 3 months delay to our reunion and I figure those new evidences will be available for the interview anyway. Will visa interview officer there already made up his/her mind when reviewing your case before the interview even started?

-- A LOT of photos does not mean anything. A few well selected ones from each trip, and informal but of good expression is needed. New evidence at the interview is not asked for and often not even taken, but as a rule, bring some just in case. They seem to know who to scrutinize prior to the interview.

 

I divorced in May, 2010 and meet my current girlfriend (in person) around Oct 2010 in China. (5 months after my divorce) The two of us have been communicating with each other ( Skype, email, chat) almost daily since that. I took another trip back to China this February and spent a lot of time together. At this point, we have known each other for more than 6 months and we have spent more than 3 weeks together. ( I have another trip booked for June and will bring my engagement ring this time.)

-- But you must have had first contact before Oct, yes? When and how did you FIRST have any contact? That is asked in 90+% of interviews, but you skip over explaining that. That gave me a little concern.

 

I am little concerned about the negative impact of my previous K1 marriage and the length of time (6 months) we have known each other.

-- It’s hard to know the prior K1 impact. I would say on the surface and by itself, little; but in combination with all the issues, it can. Short time together is usually not good but you have visited twice. You have not mentioned her English ability. Yet another thing that concerns me since this is sometimes important but you have not mentioned it.

 

How is her english?

 

Is your ex-wife a US citizen or still Chinese citizen?

 

I have always believed that ‘All the legitimate marriage will eventually be approved’, but started getting scared after reading some of the bad stories here. Are there any estimated success rate for K1 interviews at Guangzhou? (Would marry her in China then file for CR1 increase my chances because I have already done K1 once before? )

-- Forget this success myth. They want to figure out the fraud cases; so you are almost guilty until you prove innocent. Generally a previous K1 is better followed up with a CR1. But all the factors need to be weighed.

 

 

My concern with doing CR1 is the amount of time we have meet before the marriage (would be less than 8 full months) and there is not enough time left to prepare for a wedding ceremony in China all that sudden. (It really needs to be planned months in advance. ) I am sure USCIS would like to see some wedding photos for CR1 application.

-- But you would have 3 visits on the marriage date. That at least would look good.

 

Did your wife tell you there is not time to plan a wedding ceremony? You can have a family/friend dinner party but maybe she wants a bigger deal than that.

 

There are much more serious consequences if we fail at CR1 comparing to K1: both of us want to avoid the possibility of get married then divorced due to the length of time (could be years?) it will take to resolve visa related problems.

This is a big concern. Don’t do K1 even with this thought.

 

Someone on VJ think applying for K1 will make more sense to USCIS because of the length of time from my divorce (1 year) & the length time we two have known each other (7~8 months)

-- USCIS DOES NOT CARE. It is all about GUZ.

 

there is very little reason for us to marry each other (for CR1) without knowing the outcome of the immigration status.

-- Marrying means you DO NOT CARE about the outcome; your in it for good… K1 is known to be used too much as a ‘trial test’, despite that is NOT it’s purpose or use.

 

The two of us just want to reunion in US as early as possible. What is the CR1 petition processing time compare to K1 these days? (K1 used to be much faster than CR1) I am not ruling out CR1 completely, but the we feel rushed (and very unprepared) to married each other in the next 2 months

What would be her reaction to marrying on the 4th trip to see her in 2011, then file?

 

My relatives in China are going to think that I am out of my mind (marrying someone this quickly)

-- Now this really concerns me: What relatives do you have in China?

 

I think you will probably not be able to add her to any 401K, bank account, get a SSN, etc. So the CR1 does not assist with this. It mainly shows the commitment is deeper. You would not have too much extra evidence except maybe another trip under your belt and can expand on the cover letter describing the relationship [as married].

Edited April 8, 2011 by david_dawei (see edit history)

[david_dawei]

I have asked a few questions (underlined above) which factor into knowing how ¡°good enough¡± the case is, as Randy puts it. And it is true that it is GUZ alone who will decide this; not me and my opinions. You can only try to prepare your best and then hope for the best but be prepared for the worse too.

 

The idea of using Marc Ellis is an excellent idea. He can usually determine what is needed for ¡°good enough¡±, but again, GUZ has the last word.

 

After I see your answers I probably have my own personal feeling about it all. My gut right now says that marrying in June is a rush to both of you; this as her first (and in her mind LAST marriage) would probably not like the feeling of rushing into a compromised ceremony not meeting her full expectations; but she would have to share her feelings about it. That does leave you with the decision as Randy points out: File now for K1 or wait till after June. Or as I asked, if you marry on the 4th trip and plan easily ahead.

 

My opening comments said the one advantage of filing now is you can add another trip DURING the process; it does NOT look good to file and then not be able to visit again--That would put a big question on the commitment level of the K1 (which already inherently has a question mark over CR1). If file after the next trip it would show more time together, visits toward establishing a relationship... but of course they could ask: Why visit 3 times and not marry yet?

 

What you don't want to do is cause GUZ to question something you did.

[zw6233]

Thanks for taking the time helping me here, I will try to answer some your questions here.

 

My background: I was born in China and moved to US with my parents (work visa) as a teenager in the 1990s. I can speak and write in Chinese & English; living in a medium sized city in U.S. with small Chinese population. (So a very small pool to pick from if I want to date someone with similar culture background locally.)

 

But you must have had first contact before Oct, yes? When and how did you FIRST have any contact?

Nope, I did not know her before Oct, 2010. I was on a multiple city trip in China visiting friends & family members there (had 3 weeks of unused vacation that will expire at the end of the year). My relatives there started introducing single girls to me and she was just one of them. We both had very good impressions about each other (3 dates) and our relationship started to develop after I came back to US.

 

How is her English?

Very good, she studied in UK, got her degree from a school here. Currently working for a European company (her boss does not speak Chinese, they talk in English.) She has a decent job with very good salary in China.

 

Is your ex-wife a US citizen or still Chinese citizen?

 

My ex was still a Chinese citizen when we divorced 1 year ago, none of her family members are here in US. I would say there is a 50% chance she may just give up her green card by moving out of US. My previous marriage should not raise any flags for immigration fraud.

 

 

Did your wife tell you there is not time to plan a wedding ceremony? You can have a family/friend dinner party but maybe she wants a bigger deal than that.

She does not want a big wedding. In fact, both of us want to avoid the hassle of having a major wedding ceremony in China if possible. (Her parents may want a bigger 'deal' if we get married in China though.)

 

What would be her reaction to marrying on the 4th trip to see her in 2011, then file?

She is the one feels unsecured and wants to get married soon. (Marriage will give her a more secured feeling towards our relationship.) I don't think she will be very happy to hear any further delays of the filing (already complained about why I have not filed the K1 petitioned yet) She may start questioning my true intention to marry her if I want to delay this to next year. I want to honor her wish but also want to make sure we have a good chance to pass the GZ interview.

 

What relatives do you have in China?

I explained my background earlier, my parents both have a few bothers & sisters back in China. None of them are interested in coming to US and our family has never sponsored immigration for any of our relatives.

 

 

At this point, I am leaning towards filing for K1 in June after my 3rd visit. I will try to create as much new evidence as possible during this trip. Such as: bring my engagement ring, asking my parents (US citizens) go visit China with me and meet her parents, taking photos with her family & friends, go on a trip to generate some flight tickets & hotel receipts. Any other good suggestions?

 

I will have some additional vacation days next year, not a lot but enough to accompany her to the Guangzhou interview. Let's assume the interview will take place approx. 10 months after the I129 filing, I think it will better to spend my vacation for her interview instead of spending them on an earlier trip before the interview?

Edited April 8, 2011 by zw6233 (see edit history)

[bullmastiff]

Why this girl is so pushy on getting K1 filed ?

Having failed marriage before don't u want to be careful and take your time in finding a life partner ???

What is your current income ? Do u have to pay any alimony to your ex ?

Did u file joint return during. U r marriage ?

Note that when u file this new K1 u r whole entire immigration file is going to be examined

Should there be any irregularity , u will be called and interviewed under oath

[Randy W]

Why this girl is so pushy on getting K1 filed ?

Having failed marriage before don't u want to be careful and take your time in finding a life partner ???

What is your current income ? Do u have to pay any alimony to your ex ?

Did u file joint return during. U r marriage ?

Note that when u file this new K1 u r whole entire immigration file is going to be examined

Should there be any irregularity , u will be called and interviewed under oath

 

 

 

and shot and quartered while they're at it?

 

Why are we so intent on giving this guy a hard time??

[zw6233]

Why this girl is so pushy on getting K1 filed ?

She wants to reunion with me here sooner. (I can only meet her 4~5 weeks a year at max.)

 

Having failed marriage before don't u want to be careful and take your time in finding a life partner ???

Take more time searching won't necessary guarantee me a better result. Yes, I would like to get more familiar with her but chatting online & phone calls is not helping that much.

 

What is your current income ? Do u have to pay any alimony to your ex ?

Over 90K in a low cost of living city. No alimony paid to my ex because she has a job with similar salary (and we have no children).

(My ex is not living on society security and leeching off this country. She is capable of getting a green card through H1b as well since her graduate degree & job level qualifies for that. )

 

Did u file joint return during. U r marriage ?

Yes, 8 joint tax return together.

 

Note that when u file this new K1 u r whole entire immigration file is going to be examined

Should there be any irregularity , u will be called and interviewed under oath

I have no problem with that if that happens. Both my previous marriage and this relationship is legit. There is no reason to be afraid of USCIS when I am not doing anything inappropriate.

 

 

I don't mind answering tough questions here: if people here have doubts, the GZ officers may wonder about that too. I am merely here to get a feeling of 'Do I have enough to file for K1?' and what grounds I need to cover before filing.

[bullmastiff]

In all honesty , if I were u , I wait another 6 - 12 months before doing any immigration thing

U got a lot to lose if it gets denied ( not just 1800 bucks ) but bad record to add into

If she drops u now she is doing u a favor

There r plenty of women you can choose from later

So chill out brother nothing to worry

[xiaozhu]

I feel that you are not ready for marriage yet. However, on the other hand, you are not willing to do something making her mad (or break up) with you because you are afraid not able to find a better one than her in the future. This girl has everything decent, single, good age, god job, good English. I can understand your feeling and I also can understand this girl's push. Usually when a girl reaches a certain age, she is pushier than the man when she thinks she finds the one (now just assume she thinks you are the one). I was in that position, I was more pushy than my husband, we were married after three years since we met (actually I am happy with it now). The difference with your case is that I was in US that time.

 

Whatever K-1 or CR-1, do not risk your marriage, your life. No matter what happened before, it was the past. What we can take care is now and future. All of us here wish to reunion with our other half as soon as possible. But a life is a life. Short-time of long distance is better than long-time regret. Staying single is better than marrying a wrong one.

 

I think you need to talk with your girlfriend and discuss your two life plan with her. Tell her the tradeoff of different options here people advised. I think you two will reach an agreement and make a decision because it is your two future. By this you two aslo can get to know each other more especially when handle disagreements.

Edited April 9, 2011 by xiaozhu (see edit history)

[david_dawei]

ok, your not going to like what I say, and maybe even a few others. Whatever. It's just my opinion.

 

1. You were born chinese and moved to US. Strike One.

2. Your family introduced you to chinese ladies. Game over. (no more swings).

 

These are deal breakers to GUZ. You have to decide if you reveal exactly how you meet or not.

 

All that aside.

 

You gave some contradictions:

1. There is no time to prepare a marriage

2. Neither of you want a big ceremony

3. She wants to marry as a sign of committment

 

I think the answer is really simple. Marry on the next visit. Show your commitment to her and GUZ. This would be a marriage on the third visit, which is showing you took your time; most do not do this. You have to show how your case is different than the next 100 that day. Filing K1 after 2 or 3 visits is only a small difference but the fact you don't marry may raise the VO's eyebrows.

[david_dawei]

There is no reason to be afraid of USCIS when I am not doing anything inappropriate.

USCIS does not review and care about such things; Only GUZ really will.

 

The trick is to file enough with USCIS so that GUZ sees it prior to the physical interview day. But there is really nothing that USCIS will take exception too if the appropriate papers are filed. They don't care about 2 oz or 20 lb petitions; they only look over the petition which you pay them to do; GUZ decides on the issue of a visa which you pay them to do.

Edited April 11, 2011 by david_dawei (see edit history)