would this be a problem?

[kenh86]

Hi, im new here and Im about to start a petition a K1 for my fiance. I met her through her aunt which is a family friend introduce in june 2010. We been communicated on QQ and on the phone everyday till now since the first day that i left china last year. Each month i've been sending her money (like couple hundred bucks) through western union, kept all phone call logs everyday of each month, kept webcam pics which shows me and her chatting and made a log of once a week, got emails and snail mail from time to time. I love her very much and want to spend the rest of my life with her and she feels the same way. So my question is do you guys think the consulate at guangzhou will think that it is a red flag since we got introduce by family friend?

[dnoblett]

How you met is not a redflag.

 

How many trips to China, if only one trip, I would make another one before filing a petition.

 

Keep in mind Guangzhou seems to go harder on K-1 verses spouse visas. K-1 is a visa type intended for situations where getting married overseas in the foreign country is difficult or impossible due things like (Age, religion, regulations...) which would not be an issue in the USA, the consulate reasons if you don't have a restriction to marriage in China then why not a spouse visa?

 

Spouse visa shows a more bona fide relationship vs just being engaged for a K-1.

[kenh86]

How you met is not a redflag.

 

How many trips to China, if only one trip, I would make another one before filing a petition.

 

Keep in mind Guangzhou seems to go harder on K-1 verses spouse visas. K-1 is a visa type intended for situations where getting married overseas in the foreign country is difficult or impossible due things like (Age, religion, regulations...) which would not be an issue in the USA, the consulate reasons if you don't have a restriction to marriage in China then why not a spouse visa?

 

Spouse visa shows a more bona fide relationship vs just being engaged for a K-1.

 

 

well im going to start the petition on june 1, and i will be going back again on july 7th this year. The reason for a K1 is because i want to be with her together as soon as we can, and I spoke to one of the attorney saying that a spouse visa can take at least 1 1/2 year to 2 years while a K1 takes up to 1 year. also I figure if the spouse visa gets denied then im not sure if we can process it again, while in case if a K1 gets denied we can get marry there and start a spouse visa.

[credzba]

How you met is not a redflag.

 

How many trips to China, if only one trip, I would make another one before filing a petition.

 

Keep in mind Guangzhou seems to go harder on K-1 verses spouse visas. K-1 is a visa type intended for situations where getting married overseas in the foreign country is difficult or impossible due things like (Age, religion, regulations...) which would not be an issue in the USA, the consulate reasons if you don't have a restriction to marriage in China then why not a spouse visa?

 

Spouse visa shows a more bona fide relationship vs just being engaged for a K-1.

 

 

well im going to start the petition on june 1, and i will be going back again on july 7th this year. The reason for a K1 is because i want to be with her together as soon as we can, and I spoke to one of the attorney saying that a spouse visa can take at least 1 1/2 year to 2 years while a K1 takes up to 1 year. also I figure if the spouse visa gets denied then im not sure if we can process it again, while in case if a K1 gets denied we can get marry there and start a spouse visa.

 

 

Get a different attorney

 

CR-1 USED to take about 1 year, now with electronic processing I expect it is closer to 8 months.

K-1 probably takes 6 months, but if you get rejected, then that turns into over a year and maybe longer.

 

If you love her, even 6 months difference is insignificant in terms of you will spend your life together.

Do what best fits your lives. Chances are she would LOVE to have a Chinese wedding, and be able to show off her American husband.

I am certain her family would also like to see her married.

 

One thing I tell all my friends though, I married my wife in China for 1 major reason.

There is no such thing as no-fault divorce in China, unless I cheat on her or abuse her, the Chinese court wont let her divorce me, so she is stuck with me ! )

[dnoblett]

well im going to start the petition on june 1, and i will be going back again on july 7th this year. The reason for a K1 is because i want to be with her together as soon as we can, and I spoke to one of the attorney saying that a spouse visa can take at least 1 1/2 year to 2 years while a K1 takes up to 1 year. also I figure if the spouse visa gets denied then im not sure if we can process it again, while in case if a K1 gets denied we can get marry there and start a spouse visa.

 

Attorney is not familiar with the processing of CR-1 petitions, has mind stuck on the situation 4-5 years in the past.

 

Processing:

CR-1:

 

• USCIS 5-6 months
• NVC with optional e-processing for China (2 months)
• Consulate 1-2 months
• Total 8-9 months

 

K-1

 

• USCIS 5-6 months
• NVC 1 month with possible 3 month customs delay
• Consulate 2 months
• Total 8-9 months

 

CR-1 spouse visa gets green-card the moment arrive in the USA, the visa will be stamped temp green-card, and actual care arrives a few weeks later.

 

K-1 is essentially an option for cases where someting may prevent getting married overseas, as in an age limit, or added complications that prevent or restrict a US Citizen from getting married overseas, that is not an issue in the USA. Many would do K-1 because for a long time it was a quicker option, but for the most part the time savings is no longer there due to improvements at USCIS and the NVC.

 

K-1 may give you a visa is a slightly shorter time, perhaps a month or so, when factoring in the paperwork at NVC.

 

Compare:

 

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

 

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

 

Essentially K-1 visa holder will be unable to work for at least 4-6 months after arrival.

 

IF work shortly after arrival is desired, then the better visa is CR-1, (marry first, then apply for visa) CR-1 spouse visa costs less and gets green-card upon arrival to the USA, also with much improved processing, for most consulates CR-1 tends to take perhaps 1 - 1.5 months longer to get than a K-1.

 

CR-1 does not take much longer to get than a K-1

 

Do some research as to timelines:

http://www.visajourney.com/timeline/k1list.php?cfl=1&op1=3&op2=d&op3=5&op4=1&op5=&op6=All&op7=China&dfile=No (CR-1 for China only)

http://www.visajourney.com/timeline/k1list.php?cfl=1&op1=3&op2=d&op3=1&op4=1&op5=&op6=All&op7=China&dfile=No (K-1 for China only)

[kenh86]

well im going to start the petition on june 1, and i will be going back again on july 7th this year. The reason for a K1 is because i want to be with her together as soon as we can, and I spoke to one of the attorney saying that a spouse visa can take at least 1 1/2 year to 2 years while a K1 takes up to 1 year. also I figure if the spouse visa gets denied then im not sure if we can process it again, while in case if a K1 gets denied we can get marry there and start a spouse visa.

 

Attorney is not familiar with the processing of CR-1 petitions, has mind stuck on the situation 4-5 years in the past.

 

Processing:

CR-1:

 

• USCIS 5-6 months
• NVC with optional e-processing for China (2 months)
• Consulate 1-2 months
• Total 8-9 months

 

K-1

 

• USCIS 5-6 months
• NVC 1 month with possible 3 month customs delay
• Consulate 2 months
• Total 8-9 months

 

CR-1 spouse visa gets green-card the moment arrive in the USA, the visa will be stamped temp green-card, and actual care arrives a few weeks later.

 

K-1 is essentially an option for cases where someting may prevent getting married overseas, as in an age limit, or added complications that prevent or restrict a US Citizen from getting married overseas, that is not an issue in the USA. Many would do K-1 because for a long time it was a quicker option, but for the most part the time savings is no longer there due to improvements at USCIS and the NVC.

 

K-1 may give you a visa is a slightly shorter time, perhaps a month or so, when factoring in the paperwork at NVC.

 

Compare:

 

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

 

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job immediately

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

 

Essentially K-1 visa holder will be unable to work for at least 4-6 months after arrival.

 

IF work shortly after arrival is desired, then the better visa is CR-1, (marry first, then apply for visa) CR-1 spouse visa costs less and gets green-card upon arrival to the USA, also with much improved processing, for most consulates CR-1 tends to take perhaps 1 - 1.5 months longer to get than a K-1.

 

CR-1 does not take much longer to get than a K-1

 

Do some research as to timelines:

http://www.visajourn...=China&dfile=No (CR-1 for China only)

http://www.visajourn...=China&dfile=No (K-1 for China only)

 

 

let say if the cr1 gets visa denied by GUZ, can i start over and refile it again? hopefully that will not have to happen. Also, since my job only let me have 2 weeks of vacation per year, will i have to travel back to do some various things for the case such as maybe need other documents for the marriage certificate and i have to be there, or i can just go once my love have her interview date set so i can be there to support her?

[dnoblett]

let say if the cr1 gets visa denied by GUZ, can i start over and refile it again? hopefully that will not have to happen. Also, since my job only let me have 2 weeks of vacation per year, will i have to travel back to do some various things for the case such as maybe need other documents for the marriage certificate and i have to be there, or i can just go once my love have her interview date set so i can be there to support her?

 

Depends on what was reason for denial, sometimes can refile, others require dealing with reason for denial.

 

You will find the prevailing advice is to develop a solid relationship prior to filing a petition what ever you file for, and provide extensive evidence of relationship in the petition filing up front.

 

Most say 2 - 3 trips to China prior to filing petition is best.

[chilton747]

let say if the cr1 gets visa denied by GUZ, can i start over and refile it again? hopefully that will not have to happen. Also, since my job only let me have 2 weeks of vacation per year, will i have to travel back to do some various things for the case such as maybe need other documents for the marriage certificate and i have to be there, or i can just go once my love have her interview date set so i can be there to support her?

 

Depends on what was reason for denial, sometimes can refile, others require dealing with reason for denial.

 

You will find the prevailing advice is to develop a solid relationship prior to filing a petition what ever you file for, and provide extensive evidence of relationship in the petition filing up front.

 

 

 

Most say 2 - 3 trips to China prior to filing petition is best.

 

 

CR1s that get denied have to be seen through the process back to the USCIS and the USCIS can't let it expire unlike the K1s can. You will get a chance for a rebuttal but how long that takes is anybody's guess.

If you file the K1, the conventional wisdom here is to not bring up the fact that you have been sending money to her to the USCIS or GUZ unless they specifically ask.

 

Personally I think all K1s are treated as a red flag until the K1ers prove them wrong.

[kenh86]

let say if the cr1 gets visa denied by GUZ, can i start over and refile it again? hopefully that will not have to happen. Also, since my job only let me have 2 weeks of vacation per year, will i have to travel back to do some various things for the case such as maybe need other documents for the marriage certificate and i have to be there, or i can just go once my love have her interview date set so i can be there to support her?

 

Depends on what was reason for denial, sometimes can refile, others require dealing with reason for denial.

 

You will find the prevailing advice is to develop a solid relationship prior to filing a petition what ever you file for, and provide extensive evidence of relationship in the petition filing up front.

 

 

 

Most say 2 - 3 trips to China prior to filing petition is best.

 

 

CR1s that get denied have to be seen through the process back to the USCIS and the USCIS can't let it expire unlike the K1s can. You will get a chance for a rebuttal but how long that takes is anybody's guess.

If you file the K1, the conventional wisdom here is to not bring up the fact that you have been sending money to her to the USCIS or GUZ unless they specifically ask.

 

Personally I think all K1s are treated as a red flag until the K1ers prove them wrong.

 

 

that seems interesting, because i read that a lot of people use wire transfer or western union type of stuff to send money (few hundreds maybe) to their love ones just to help out and support them. i think its ok for the VO's look at this as a normal type of thing in a relationship. Its not like people send thousands a month and that would probably cause a red flag unless if they're rich probably.

 

i just wish it was back in the days when all you need is couple of photos showing the husband giving the wife a ring in front of the family and that was it. I just hate the fact that theres more and more people that uses the visa as immigration benefit causing other people with genuine relationship having a hard time passing the interview. Life aint fair is it.

 

theres nothing that i should worry about since my relationship is with her is legitmate.

[chilton747]

 

 

theres nothing that i should worry about since my relationship is with her is legitmate.

 

 

 

I went in with this attitude and it netted me a white slip on our K1. Not long after that, I learned how to play the game.....and a game it is.

 

You have a great resource here. It will serve you good to use it.

[david_dawei]

Family "setups" ARE a red flag; but sometimes a single flag is not enough to sway their opinion; my opinion is that this is one of the stronger red flags. Sending continuous money on a K1 family setup seems to be to be really, really bad sign; picture yourself a the GUZ VO looking at that admission.

[JIALIandTOM]

Family "setups" ARE a red flag; but sometimes a single flag is not enough to sway their opinion; my opinion is that this is one of the stronger red flags. Sending continuous money on a K1 family setup seems to be to be really, really bad sign; picture yourself a the GUZ VO looking at that admission.

 

OK I know I am 'stoopid', but why is sending her and her a family money a 'red flag' ? I would think it shows a commitment on my part. If it was a 'setup' marriage wouldn't she and her family pay me money to get her over here? By the way I send a considerable amount of money to her mother. Should I not show that bank statemen t?

[warpedbored]

The fact that you are sending money adds very little, if any to the validity of the relationship of a K-1. Since you aren't married it isn't expected of you to be supporting her. If GZ suspects you are being scammed however, the fact you are sending money would just re-enforce their suspicions.

[david_dawei]

Family "setups" ARE a red flag; but sometimes a single flag is not enough to sway their opinion; my opinion is that this is one of the stronger red flags. Sending continuous money on a K1 family setup seems to be to be really, really bad sign; picture yourself a the GUZ VO looking at that admission.

 

OK I know I am 'stoopid', but why is sending her and her a family money a 'red flag' ? I would think it shows a commitment on my part. If it was a 'setup' marriage wouldn't she and her family pay me money to get her over here? By the way I send a considerable amount of money to her mother. Should I not show that bank statemen t?

 

Your describing the 'two-way scam'; someone getting paid and a part of the scam. Carl describes the 'one-way' scam where the USC is being scammed without knowing it.

 

My opinion is that they do not necessarily look at the giving of money positively. First off, for hopefully very obvious reasons, before she meet you she was living without your support. If she is suddenly in a relationship which results in large sums of money sent to her, what is the relationship for in that moment? There is little reason to be sending a K1 large amounts of money and I would personally not reveal that to GUZ myself. I might even question it very closely. Add in other factors and for GUZ it may add up to looking not good.

[kenh86]

Family "setups" ARE a red flag; but sometimes a single flag is not enough to sway their opinion; my opinion is that this is one of the stronger red flags. Sending continuous money on a K1 family setup seems to be to be really, really bad sign; picture yourself a the GUZ VO looking at that admission.

 

 

i think its ok to send money occasionally, not over around $100 or so.. all i want is to help her out a little and i think its reasonable to give fiance some money when you feel like it.. but since it might raise a red flag then i wouldnt submit in my western union slip to her to bring to interview.

also i think being introduce by family friend members is ok, genuine relationship likes this can happen. i could tell the VO that we met at a coffee shop or something like that but i want to let them know the truth. if my relationship with her is fraud, i would have apply the k1 right after i came back instead of having to wait for 1 full year to apply. we contact each other everyday and got phone logs and other proof to show continuing relationship. i hope they just look at it as a genuine relationship even though we met through family friend member.