Just Starting

[Andrew and Zhuli]

Hey, My wife (from Hunan) and I met in Korea 4 years ago as teachers, and have been married for nearly a year here in China. I'm not sure what to do next. We have our marriage certificates but the bureaucracy of the K3 visa has me entirely confused. Could anyone help me breakdown the process of applying for and receiving a K3 visa for my wife. Basically, explain it to me as if I was a 5 year old. What should we do first, second, third, etc. I have my taxes in order, but I am lost on what to do next. Any help would be greatly appreciated. Andrew and Zhu Li

Edited August 15, 2011 by dnoblett (see edit history)

[Ryan H]

Don't bother with a K3. File an I-130 for a CR-1 and let it run its course alone. USCIS will tie the I-130 and I-129F filed in conjunction with an I-130 together and approve them at the same time and send them to the NVC. NVC typically receives both petitions at the same time and administratively closes the I-129F.

 

Once the I-130 arrives at the NVC, you will have the option to go for electronic processing. You scan everything and send email it to the NVC. NVC electronically sends the case to the Consulate.

 

If you have been a legal resident for 6 months or more (you mentioned you have been married for a year there); you are eligible for DCF.

[Beachey]

To add to Ryan, if you have a residence permit in China, DCF at the Embassy rather than going thru the States. Taking about six months rather than the year in the States.

 

What consulate are you closest to in China?

[Andrew and Zhuli]

To add to Ryan, if you have a residence permit in China, DCF at the Embassy rather than going thru the States. Taking about six months rather than the year in the States.

 

What consulate are you closest to in China?

 

Thanks to both of you.

 

I am currently living and working in Shanghai. I thought I would have to go to Guangzhou first, but like I said, I am totally clueless on this entire process. I haven't navigated through this website much, so if there are any redundant questions I apologize. What should be my first action? what is a DCF? Is it part of the I 130 form? Again any information would be greatly appreciated.

[dnoblett]

To add to Ryan, if you have a residence permit in China, DCF at the Embassy rather than going thru the States. Taking about six months rather than the year in the States.

 

What consulate are you closest to in China?

 

Thanks to both of you.

 

I am currently living and working in Shanghai. I thought I would have to go to Guangzhou first, but like I said, I am totally clueless on this entire process. I haven't navigated through this website much, so if there are any redundant questions I apologize. What should be my first action? what is a DCF? Is it part of the I 130 form? Again any information would be greatly appreciated.

 

OK since you are living over there, then you definitely will not be doing a K-3, that visa type was an OPTION for cases where people were separated overly long due to waiting for petition approval, the K-3 allowed married couple to be reunited in the states while WAITING for I-130 petition approval.

 

In your case you will be filing the I-130 to the DHS unit at the US Embassy in Beijing. (This is called Direct Consulate Filing or (DCF)), eventually the case will get sent to Guangzhou for a visa interview.

 

Start by gathering the required documentations and evidence indicated in the I-130 directions. http://www.uscis.gov/files/form/i-130instr.pdf

 

A good guide: http://www.visajourney.com/content/i130guide1 (Ignore the part about filing to a PO Box in Chicago)

Info about filing in Beijing: http://beijing.usembassy-china.org.cn/homeland_security.html

 

More:

http://candleforlove.com/forums/index.php?/topic/37648-do-we-qualify-for-dcf/

http://candleforlove.com/forums/index.php?/topic/42910-i-sent-my-i-130-by-dcf-in-beijing/

http://candleforlove.com/forums/index.php?/topic/43200-confused-about-dcf/

 

Things to consider prior to visa interview, not before filing petition in Beijing:

 

• US DOMICILE, you need evidence that you maintained domicile or in process of re-establishing domicile.
• US Tax Returns, you may be exempt from paying US Tax on income, however are not exempt from filing a 1040 each year.

 

http://candleforlove.com/forums/index.php?/topic/42825-i-864-and-domicile-for-a-student/

[Beachey]

You have two options - you can both file and pay your fee in Beijing or you can pay the I-130 fee in Shanghai during American Citizen services and mail the I-130 with the receipt to Beijing

[bergamot]

Hey, My wife (from Hunan) and I met in Korea 4 years ago as teachers, and have been married for nearly a year here in China. I'm not sure what to do next. We have our marriage certificates but the bureaucracy of the K3 visa has me entirely confused. Could anyone help me breakdown the process of applying for and receiving a K3 visa for my wife. Basically, explain it to me as if I was a 5 year old. What should we do first, second, third, etc. I have my taxes in order, but I am lost on what to do next. Any help would be greatly appreciated. Andrew and Zhu Li

 

Hi Andrew and Zhuli, I am fr Hunan, too, My boyfriend filed K1 petiton , we are still waiting ,

According to your condition ,You may file CR1 visa petition 4 ur wife in China if you have working permit and living permit in China .The general procedure is as follow:

1. File CR1 petiton to the embassy/consulate which has jurisdiction over the city you live (it will be Beijing if you live in Hunan),

2. Beijing receives it (P1-Notice of receipt),Beijing approves it (P2-Notice of approval),then your case will be forwarded to Guangzhou Consulate)

3. Guangzhou reviews it and send you P(acket)3,you fill out the forms in P3 and send back to Guangzhou consulate,and the consulate review it

4. Interview in Guangzhou at the appointed date after you receive P4-the appointment letter and other information fr the consulate.At the interview ur wife will be told if she is granted a visa or not

For the petition , here is the link to tell you what to prepare: http://www.visajourney.com/content/i130guide1.

you may file it electronically , here is the Link for the information

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

Edited May 5, 2011 by õ¹å²Ý (see edit history)

[whatsthedeal]

Hi õ¹å²Ý my wife is also from Hunan.

Just what this site needs another lovely lady from Hunan

Love that Hunan spicy cooking!

 

 

Not so much the Hunan hot temper.

 

[Andrew and Zhuli]

Thanks for the help everyone.

 

Tomorrow I am going to the Embassy in Shanghai to pay the DCF fee. I just want to make sure everything I have is enough when I send it to Beijing later this week.

 

1. I 130s (for both of us)

2. G 325a (for both of us)

3. Passport Photos (for both of us)

4. Copy of my Birth Certificate

5. Copy of my passport (all pages)

6. Copy of Driver's License and Social Security Card

7. Copy of original Marriage certificate

9. Copy of translated and notarized Marriage certificate

10. Photos of us dating, living together and our marriage ceremony(including both families together)

11. Copies of marriage congratulation letters from my friends and family in America

12. Copies of air tickets to America, Korea, and China (the both of us travelling together)

13. Cover letter and letter describing our relationship

 

So this is what we have included in our CR1 petition to send to Beijing. I hope this is enough to prove a bonafide marriage and get it sent to Guangzhou. If there is anything else I have forgotten to include, please let me know. Thanks guys.

 

Andrew Edwards

[david_dawei]

There is a timing issue you may want to take advantage of. If at the time she enters the US is 2 years or more of marriage then she will get the 10 year green card. If you do a DCF, it is relatively fast; I might guess about 5-6 months. Then you get 6 months to travel to the US.

 

if it were me, I would not file until i was sure that I could use that extra time to get her to the US after the 2 year marriage point.

[Beachey]

 

5. Copy of my passport (all pages)

 

 

 

You have a residence permit in your passport? I think they will be interested in that plus the info page.

 

Also do you have copies of your wife's visa matching up with yours when you traveled together?

[Andrew and Zhuli]

 

5. Copy of my passport (all pages)

 

 

 

You have a residence permit in your passport? I think they will be interested in that plus the info page.

 

Also do you have copies of your wife's visa matching up with yours when you traveled together?

 

 

 

Yeah, there are three resident permits in my passport (2 voided and 1 current). I'm not sure what you mean by info page, I have copied my entire passport with all visas and entry stamps to send them. I will also include my wife's visa for the US and all entry stamps that we have in common. Will that secure a bonafide marriage? Thanks for the help.

 

Andrew

[Andrew and Zhuli]

There is a timing issue you may want to take advantage of. If at the time she enters the US is 2 years or more of marriage then she will get the 10 year green card. If you do a DCF, it is relatively fast; I might guess about 5-6 months. Then you get 6 months to travel to the US.

 

if it were me, I would not file until i was sure that I could use that extra time to get her to the US after the 2 year marriage point.

 

 

 

Thanks for the advice. We have been married for about 15 months and if this process takes about 6 months, we will be just shy of the 2 year marriage point. So the validity of her visa will be 6 months from the time it is issued? If that is the case, then we can wait an extra couple of months and enter the States and apply for the 10 year green card. Thanks.

 

Andrew

[Beachey]

 

 

 

Yeah, there are three resident permits in my passport (2 voided and 1 current). I'm not sure what you mean by info page, I have copied my entire passport with all visas and entry stamps to send them. I will also include my wife's visa for the US and all entry stamps that we have in common. Will that secure a bonafide marriage? Thanks for the help.

 

Andrew

 

 

 

The Info Page is the first page with your photo and identifying information.

 

I think you should be OK. The advice is to front-load as much as possible with the I-130. This advice is given not so much to ensure I-130 approval but it can help at the interview. Though what you have is pretty typical for a DCF case.

 

 

Thanks for the advice. We have been married for about 15 months and if this process takes about 6 months, we will be just shy of the 2 year marriage point. So the validity of her visa will be 6 months from the time it is issued? If that is the case, then we can wait an extra couple of months and enter the States and apply for the 10 year green card. Thanks.

 

It took us 4 months from filing to interview and I have seen others recently closer to 3 months. The biggest factor is how quickly you turnaround P3. Depending on when you want to go back to the US, you might want to sit on the P3 a bit.

 

 

Edited August 15, 2011 by Beachey (see edit history)

[Andrew and Zhuli]

 

 

 

Yeah, there are three resident permits in my passport (2 voided and 1 current). I'm not sure what you mean by info page, I have copied my entire passport with all visas and entry stamps to send them. I will also include my wife's visa for the US and all entry stamps that we have in common. Will that secure a bonafide marriage? Thanks for the help.

 

Andrew

 

 

 

The Info Page is the first page with your photo and identifying information.

 

I think you should be OK. The advice is to front-load as much as possible with the I-130. This advice is given not so much to ensure I-130 approval but it can help at the interview. Though what you have is pretty typical for a DCF case.

 

 

Thanks for the advice. We have been married for about 15 months and if this process takes about 6 months, we will be just shy of the 2 year marriage point. So the validity of her visa will be 6 months from the time it is issued? If that is the case, then we can wait an extra couple of months and enter the States and apply for the 10 year green card. Thanks.

 

It took us 4 months from filing to interview and I have seen others recently closer to 3 months. The biggest factor is how quickly you turnaround P3. Depending on when you want to go back to the US, you might want to sit on the P3 a bit.

 

 

 

 

Thanks Beachey,

What do you mean front loaded? The more info at the beginning the better?