K-1 or CR-1 DCF - circumstances suit neither

[Molldrew]

Hi everyone,

 

We are a couple who has spent a bit of time trying to work out which visa option to take.

 

We are

• an engaged couple (US citizen and Australian citizen) living in China, but we are happy to get married to facilitate the best visa process.

• The US citizen has lived in China for about a year and a half on business F visas.

• In terms of income and assets, we have no assets in the US. The US citizen has no assets and no co-sponsor available. The Australian citizen has about US$110,000 in liquid assets (cash and shares) part in China, part in Australia, available to bring into the US.

 

The visa options we have been considering are the K-1 visa or the direct consular filing for the CR-1 visa. The problem is that we don¡¯t seem suited for either visa.

 

Our issues with the visas are:

 

K-1 visa

• We don¡¯t have a US source of income. We would need to pass the income and assets test purely based on assets. To make this easier we could bring these assets into the country, but would need to do this after getting married to avoid gift tax.

• The Australian citizen needs to spend three months unemployed in the US.

 

DCF CR-1 visa

• The US citizen does not have the right type of Chinese visa to apply for a DCF CR-1 visa. To do this, the US citizen would have to change jobs and visas to make this work. Finding the right type of job to get the visa could be quite difficult.

 

Does anyone have any advice on how to deal with this issue? Any thoughts would be greatly appreciated.

 

Molldrew

[Randy W]

DCF CR-1 visa

• The US citizen does not have the right type of Chinese visa to apply for a DCF CR-1 visa. To do this, the US citizen would have to change jobs and visas to make this work. Finding the right type of job to get the visa could be quite difficult.

 

Does anyone have any advice on how to deal with this issue? Any thoughts would be greatly appreciated.

 

 

 

You don't say where you live. Check with your consulate for what the specific requirements for your situation are for filing an I-130. U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in Shenyang, Shanghai, or Chengdu. If he has legally lived in China for 1 1/2 years, he SHOULD be eligible to file DCF. Again, check with your consulate - requirements can VARY. The ONLY way to find out for sure is to go to your consulate in person. Guangzhou is usually the most likely to follow hard and fast rules - the others, less so.

 

There are no specific requirements for DCF - it's simply a matter of what the consulate will accept as proof of "residency". Filing DCF is provided for the convenience of those American citizens living abroad.

 

Immediate relative petitions (Form I-130) are accepted from U.S. citizens with proof of residency within this consular district and he or she should also have a valid Chinese Z, X or D Visa. Additionally, petitions are only accepted for visa categories that are current. The petitions must be filed in person by the petitioner. Please see Frequently Asked Questions for additional information.

 

U.S. Citizens who legally reside in the local area, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

 

Of course, you still have the domicile and income/assets issues to deal with.

 

The other option (just to toss this out - I'm not sure how it could work in your advantage) is to file the I-130 stateside. You could probably even interview in Australia. Again, though, I'm not sure that could help you.

Edited May 8, 2011 by Randy W (see edit history)

[warpedbored]

Regardless without you having US assets or a sponsor you will likely have some domicile issues. You need to have filed a tax return every year and show you have domicile in the US. You may need to go to the US ahead of her and secure housing and employment.

[bullmastiff]

That s a good suggestion since Aussie needs not visa to visit the US

Why not file after u have become established

[Beachey]

If you are outside of the GUZ consular district it is probalby worth emailing the Beijing Field Office to see if they will accept an alternative proof of residence other than a residence permit. Email is dhsbeijing-cis@Dhs.gov

 

Things that might work

 

Lease in your name

Local PSB registration

Registry with the consulate

Letter from employer

Passport pages showing dates in China

[dnoblett]

As others have said getting some documentation showing some sort of residency in China for at least 6 months may do it.

 

In any case getting married overseas and dong the CR-1 is in most cases the better option.

 

CR-1 Gets green-card upon arrival in the USA allowing work, and travel, K-1 has a period of 4-6+ months where by unable to work or travel internationally while waiting for green-card OR (Employment Authorization, and Advance Parole).

 

Also factor in fee costs, CR-1 costs ~$900 K-1 is ~$1900.

 

Keep in mind K-1 is a visa type that was intended for situations where getting married overseas is difficult or impossible because of rules in the foreign country, it allows marriage in the USA where the rules that prevented marriage overseas do not exist.

 

Lastly time involved.

 

CR-1 filed overseas to DHS in China, (5-6 months).

CR-1 filed to USCIS in USA (7-9 months if opting in to e-Process for China at the NVC stage).

K-1 filed to USCIS in USA (7-9 months for China)

[warpedbored]

I would like to point out that the decision as to what kind of visa to apply for is a highly personal one. The advantages of CR-1 or DCF are as Dan pointed out, less fees and green card within a month after entry. Some people want to have the wedding in China others want it in the US where a K-1 would be required. Another often overlooked advantage of K-1 is if you are denied (white slip) you can get married and start over. There are no do overs with CR-1. You have no choice but to slug it out with GZ and the USCIS.

[dnoblett]

I would like to point out that the decision as to what kind of visa to apply for is a highly personal one. The advantages of CR-1 or DCF are as Dan pointed out, less fees and green card within a month after entry. Some people want to have the wedding in China others want it in the US where a K-1 would be required. Another often overlooked advantage of K-1 is if you are denied (white slip) you can get married and start over. There are no do overs with CR-1. You have no choice but to slug it out with GZ and the USCIS.

 

One thing to keep in mind, thread started by an Australian and American, being from Australia the odds of Guangzhou denying a petition over "bonafide" relationship may be lower.

 

I have seen one couple on this board, Russian/American, no problems with Guangzhou.