The background investigation will be very strict to my K1 application

[xiao lu]

The background investigation of K1 visa will attach great importance to the job of Chinese applicant? A unemployed aplicant can cause a bad impression to the U.S Consular officers? therefor making more difficulty to my getting K1 visa. I¡¯m a jobless woman at the present .And my fiance applied for his ex-wife 5 years ago and the later get green card successfully.They get divorced after a short marriage. Chinese immigrants agency of my city told me that the my situation is not in favor of my application. They say that the United States consulate may start a more strict investigation to my case., and the waiting time will thus becoming more longer. Is that true? The agency try to lead me to contract them in order to help me. But I¡¯m not sure if there is a necessary to do this.

My question is, I don¡¯t have a good employment background, and my fiance had applied for other woman 5 years ago. The background investigation will become extremly strict?

[dnoblett]

From what has been seen an unemployed applicant is not a problem, it a concern if the petitioner (US Citizen) can support the beneficiary after coming to the USA.

 

Prior petition from 5 years ago may be looked at by USCIS when processing, if this is just the second petition, no IMBRA waiver needed.

[credzba]

The background investigation of K1 visa will attach great importance to the job of Chinese applicant? A unemployed aplicant can cause a bad impression to the U.S Consular officers? therefor making more difficulty to my getting K1 visa. I¡¯m a jobless woman at the present .And my fiance applied for his ex-wife 5 years ago and the later get green card successfully.They get divorced after a short marriage. Chinese immigrants agency of my city told me that the my situation is not in favor of my application. They say that the United States consulate may start a more strict investigation to my case., and the waiting time will thus becoming more longer. Is that true? The agency try to lead me to contract them in order to help me. But I¡¯m not sure if there is a necessary to do this.

My question is, I don¡¯t have a good employment background, and my fiance had applied for other woman 5 years ago. The background investigation will become extremly strict?

 

 

 

The Chinese persons job situation is not an issue. I have many friends in USA who had no job while in China.

The agency can not help you to improve your situation with the Consular office.

 

Only your future husband can control the information given to the Consular.

As far as money goes, it is HIS salary they are concerned about.

 

 

The Consular office is interested in proof that your husband is going to marry you, and stay married to you after you come to America.

The Consular office wants proof that he is not going to bring you to America, and then divorce you in 5 years like he did to the previous wife.

 

One question they may ask is why you are coming on a K1 fianc¨¦e visa instead of marrying in China and filing a spousal visa?

The fianc¨¦e visa is for couples who CAN NOT marry before coming to America, this is not the case in China.

They may want a good explanation of why he divorced his previous wife that he got a visa for.

Even if you answer all their questions, they may still deny the visa, some members have suffered for years waiting to be together with their wife.

 

I have my own question for you, that I suggest you answer with your fianc¨¦e before you marry him.

Does he love you enough to move to China to live with you if the visa is denied permanently?

This is a serious question in that it measures you and his willingness to be together no matter what the visa process does.

Relationships should exist and be measured on the basis of the relationship.

The couple should make their life plans whether they live in America, or in China.

[Ryan H]

xiao lu:

 

This is what the Consulate has to say about outside agencies:

WARNING: The U.S. Consulate General does not endorse or have a "special relationship" with any individual or business that offers advice or assistance with the visa process. No one can guarantee the issuance of a visa to you. The only U.S. consular office in Guangzhou is located on the 5th floor at Tianyu. All U.S. government forms are free. Beware: many visa applicants lose money or are permanently barred from the United States as a result of misleading information and fraudulent applications provided by visa consultants.

 

Be very wary of what this "agency" is saying to you.

[xiaozhu]

As dnoblett's comments, your employment/finacial history has no effect on your visa, but your fianc¨¦e¡¯s does. So do not worry about it.

 

His prior K1 will be checked. Make sure you know all necessary information about his ex-marriage. You may be asked about it at your interview. If though, I still do not think you need to hire a lawyer. Many people with similar situation did by their own and got visa successfully based on their bona relationship. If you want to hire a lawyer, just make sure the lawyer is well qualified rather than just for your money.

[Randy W]

. . .

 

One question they may ask is why you are coming on a K1 fiancée visa instead of marrying in China and filing a spousal visa?

The fiancée visa is for couples who CAN NOT marry before coming to America, this is not the case in China.

They may want a good explanation of why he divorced his previous wife that he got a visa for.

 

. . .

 

 

 

 

I've got to comment on this - this is ABSOLUTELY not true. This is how rumors and/or "trends" get started.

 

That may be a fair question at interview time, but ANY answer should be acceptable as long as you are prepared and answer confidently that you WILL be married within the 90 day window..

 

The LIFE Acts and Amendments of 2000 created the K-1 and K-3 visa categories so that your loved one could come to the US and await the Adjustment of Status processing while together with your family. No act of Congress has changed either the purpose or availability of these visas, although the K-3's are often administratively closed in favor of a CR/IR-1.

Edited May 25, 2011 by Randy W (see edit history)

[bullmastiff]

Human trafficking is probably first come in mind

I'm sure GZ have seen many

[credzba]

. . .

 

One question they may ask is why you are coming on a K1 fianc¨¦e visa instead of marrying in China and filing a spousal visa?

The fianc¨¦e visa is for couples who CAN NOT marry before coming to America, this is not the case in China.

They may want a good explanation of why he divorced his previous wife that he got a visa for.

 

. . .

 

 

 

 

I've got to comment on this - this is ABSOLUTELY not true. This is how rumors and/or "trends" get started.

 

That may be a fair question at interview time, but ANY answer should be acceptable as long as you are prepared and answer confidently that you WILL be married within the 90 day window..

 

The LIFE Acts and Amendments of 2000 created the K-1 and K-3 visa categories so that your loved one could come to the US and await the Adjustment of Status processing while together with your family. No act of Congress has changed either the purpose or availability of these visas, although the K-3's are often administratively closed in favor of a CR/IR-1.

 

 

Agree, I can not speak of the original intent of K1, but I can say there are currently many choices to be together with your loved one, and K1 is not the fastest by any significant amount.

Because the K1 is not significantly faster than K3 or CR/1 I think it is NOW becoming a question in visa officers minds as to why someone goes K1 vs CR/1.

I will agree with Randy that if you have a good reason that you are waiting to marry in America it is not an issue, jus make sure you can verbalize that good reason.

[dnoblett]

. . .

 

One question they may ask is why you are coming on a K1 fianc¨¦e visa instead of marrying in China and filing a spousal visa?

The fianc¨¦e visa is for couples who CAN NOT marry before coming to America, this is not the case in China.

They may want a good explanation of why he divorced his previous wife that he got a visa for.

 

. . .

 

 

 

 

I've got to comment on this - this is ABSOLUTELY not true. This is how rumors and/or "trends" get started.

 

That may be a fair question at interview time, but ANY answer should be acceptable as long as you are prepared and answer confidently that you WILL be married within the 90 day window..

 

The LIFE Acts and Amendments of 2000 created the K-1 and K-3 visa categories so that your loved one could come to the US and await the Adjustment of Status processing while together with your family. No act of Congress has changed either the purpose or availability of these visas, although the K-3's are often administratively closed in favor of a CR/IR-1.

 

I have to agree there, K-1 serves many purposes, in some cases it is the only option as in some places having rules that would prevent a marriage overseas, that would not be the case if the marriage takes place in the USA, or in cases where a couple would prefer marriage in the USA for many reasons.

[Ryan H]

The LIFE Acts and Amendments of 2000 created the K-1 and K-3 visa categories so that your loved one could come to the US and await the Adjustment of Status processing while together with your family.

 

 

The K1 was created by Congress in the 1970's. The LIFE Act only brought about the K3.

Edited May 25, 2011 by Ryan H (see edit history)

[dnoblett]

The LIFE Acts and Amendments of 2000 created the K-1 and K-3 visa categories so that your loved one could come to the US and await the Adjustment of Status processing while together with your family.

 

 

The K1 was created by Congress in the 1970's. The LIFE Act only brought about the K3.

 

Correct. Life act was to allow prospective immigrants to be reunited with spouse and wait for I-130 petition approval, which at the time was taking years, not the 5 months it is taking today.

 

Since the I-130 tends to be approved prior to NVC receiving K3 petition, the function of K3 no longer exits (waiting for a petition approval ) so NVC closes the K3 and moves with the immigrant spouse visa.

[david_dawei]

I think there are many good points being made here. BUT what we are seeing is much more denial in the last 2+ years and K1 is usually harder hit than those that "choose" to marry. We also know that K1s have been asked this question: Why did you not marry?

 

Now, I agree that a lot of rumor mill can easily start over a single question and it's valid to call it here as well as anywhere else. So as usually, one has to look at the whole circumstance. I would say the most important are generally (without easy reference to my top 10 questions, so here is a top 5):

1. How you meet

2. How quickly the USC traveled to china

3. How quickly the USC subsequently filed to USCIS

4. Any past divorces or children on either side

5. What city the chinese national is from

 

I know this last one often seems so silly to ask... but I have my own reasons I guess.

Edited May 29, 2011 by david_dawei (see edit history)

[Mick]

I think there are many good points being made here. BUT what we are seeing is much more denial in the last 2+ years and K1 is usually harder hit than those that "choose" to marry. We also know that K1s have been asked this question: Why did you not marry?

 

Now, I agree that a lot of rumor mill can easily start over a single question and it's valid to call it here as well as anywhere else. So as usually, one has to look at the whole circumstance. I would say the most important are generally (without easy reference to my top 10 questions, so here is a top 5):

1. How you meet

2. How quickly the USC traveled to china

3. How quickly the USC subsequently filed to USCIS

4. Any past divorces or children on either side

5. What city the chinese national is from

 

I know this last one often seems so silly to ask... but I have my own reasons I guess.

 

In regards to the last one, David (No. 5), I think you were very wise to mention this. It is important to understand that the real issue is not so much what is true or fair, but instead, what the VO perceives to be true and fair. In their eyes, certain cities (and provinces) have a reputation for scamming. It may or may not be the case, but again, that really doesn't matter. What matters is what the VO thinks is the case. People really need to understand this and I'm glad you mentioned it David.

Edited May 29, 2011 by Mick (see edit history)

[david_dawei]

Mick,

 

thanks for any confirmation on that point. I do feel I am the Grinch who stole the christmas visa nowadays but I want to call BS on too much entitlement thinking; a person can choose who they want but they cannot truly choose who comes into the US. Let's at least grow up on this issue.

 

There are many subtle issues going on and the "city" is a kind of unspoken one. I could name a few but that will just cause people to fall into some worry. Let's just say that GUZ knows but does not tell. What I have found is that the chinese ladies also know this. It seems that many things are known inside of china which never meet the USC but GUZ knows. In the end, the GUZ decides. So it is best if we apply at least some rational thinking along that line. JMO.

[Davidq]

I have to agree on everything David has said.

 

I know my fiancee last week was drilled by the VO as to why we didn't marry in China.2 years and why is he applying now. We first met on my first trip to China by purely accident. 2 years ago. SHe was a friend of a guide I hired.

 

We exchanged email addresses and continued talking on a regular basis. I have since been to China 4 times to be with her. Now they are questioning as to why we did 't marry much sooner.

 

I was taking advice of people on here to make sure I have many trips when we decided to marry. We know Fujian province was a bit of a red flag. We are blue right now but hopefully in the next couple of weeks everything will be ok. She didn't bring the Divorce agreement from her ex as to who has custody and everything. One document.

 

We will see