CR-1 From China?

[geyahui]

OK, so my fiancee and I are living in China, and looking for a way to at least visit the US. We're also considering moving back, at least for a couple years, and would be willing to do that if it makes the visa processing easier.

 

After my last thread（thanks for all the helpful responses!) I discovered the CR-1 visa, which seems like a better option than K-1 which we were previously considering*. After all, it costs less, takes about the same amount of time, and then she'd get a green card immediately on arrival in the US...right?

 

My question is, how could I prove domicile if I'm living in China too? This site http://travel.state.gov/visa/immigrants/types/types_2991.html#2 says US citizens living abroad can file if they've been living in the same place legally for 6 months+, but it ALSO says you need to be a resident in the US....wtf?

 

 

Also, if we were to go the CR-1 route and be successful, is there some flexibility in when we use that visa to return (like a window of a few months or whatever?) What would the restrictions on her/our movement be once we got to the US. Are there limits on the amount of time, or the number of visits she could have to China?

 

 

Finally, just because I am curious, what is the difference between a CR-1 and a K-3? I didn't even know the CR-1 existed until a few minutes ago, I had been assuming the K-3 was the "spouse to US" visa....so why is there also a CR-1? Or are they different somehow?

 

This process is such a headache!

 

 

 

*Part of the reason is we're not as attached to the "living in China" bit as we used to be. With the political climate and inflation getting steadily worse, we're both feeling like a change of scenery might not be so bad after all....

Edited June 16, 2011 by geyahui (see edit history)

[dnoblett]

A few things about the K-3, it is a hybrid visa that is an OPTION for the (CR-1 IR-1) Spouse visa, it is only an option when the Spouse visa petition is file in the USA, it is NOT an option when the spouse visa is filed DCF overseas. It is not a seperate type of visa at all it is based on the CR-1-IR-1 visa. (First an I-130 petition is filed for a CR-1Spouse visa and then an I-129F is filed for a K-3 with I-130 Receipt letter attached. K-3 was derived to allow a couple the ability to enter the USA and WAIT for the I-130 to be approved, and then they would either adjust status, or return to home country and interview for the spouse CR-1 or IR-1 visa. HOWEVER this was for a time when it was taking YEARS to get an I-130 processed, this is NO LONGER the case, and NVC kills K-3's when they receive the approved I-130 at same time or before the I-129F for K3

 

If doing DCF you WILL be petitioning for a CR-1 or IR-1 spouse visa. CR-1 if marriage is less than 2 years prior to entry to the USA, and IR-1 if marriage is more than 2 years prior to using the visa.

 

As for domicile, US Citizen is REQUIRED to show maintaining or is in the process of re-obtaining domicile prior to the visa is being issued, this is the case for all immigration visas (CR-1, IR-1, K-1, K-3 etc...)

 

Domicile topics:

http://candleforlove.com/forums/index.php?/topic/7363-domicile/

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

http://candleforlove.com/forums/index.php?/topic/42314-proving-domicile/

 

DCF:

http://candleforlove.com/FAQ/CFL_FAQ_DCF_Final1.htm

 

K3: http://candleforlove.com/forums/index.php?showtopic=40925

[Ryan H]

After my last thread£¨thanks for all the helpful responses!) I discovered the CR-1 visa, which seems like a better option than K-1 which we were previously considering*. After all, it costs less, takes about the same amount of time, and then she'd get a green card immediately on arrival in the US...right?

 

 

Correct. The green card would be given on arrival in the form of an I-551 stamp. The actual card will arrive in the mail a short time later.

 

 

Also, if we were to go the CR-1 route and be successful, is there some flexibility in when we use that visa to return (like a window of a few months or whatever?) What would the restrictions on her/our movement be once we got to the US. Are there limits on the amount of time, or the number of visits she could have to China?

 

 

CR-1 has 6 months validity from the time it is issued and it is single entry. The valid time could be less if the validity of the medical exam expires before then. Having the green card will allow her to come and go from the US. Although she could not be outside the US for longer than 6 months without risking her status as an LPR.

[geyahui]

A few things about the K-3, it is a hybrid visa that is an OPTION for the (CR-1 IR-1) Spouse visa, it is only an option when the Spouse visa petition is file in the USA, it is NOT an option when the spouse visa is filed DCF overseas. It is not a seperate type of visa at all it is based on the CR-1-IR-1 visa. (First an I-130 petition is filed for a CR-1Spouse visa and then an I-129F is filed for a K-3 with I-130 Receipt letter attached. K-3 was derived to allow a couple the ability to enter the USA and WAIT for the I-130 to be approved, and then they would either adjust status, or return to home country and interview for the spouse CR-1 or IR-1 visa. HOWEVER this was for a time when it was taking YEARS to get an I-130 processed, this is NO LONGER the case, and NVC kills K-3's when they receive the approved I-130 at same time or before the I-129F for K3

 

If doing DCF you WILL be petitioning for a CR-1 or IR-1 spouse visa. CR-1 if marriage is less than 2 years prior to entry to the USA, and IR-1 if marriage is more than 2 years prior to using the visa.

 

As for domicile, US Citizen is REQUIRED to show maintaining or is in the process of re-obtaining domicile prior to the visa is being issued, this is the case for all immigration visas (CR-1, IR-1, K-1, K-3 etc...)

 

Domicile topics:

http://candleforlove.com/forums/index.php?/topic/7363-domicile/

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

http://candleforlove.com/forums/index.php?/topic/42314-proving-domicile/

 

DCF:

http://candleforlove.com/FAQ/CFL_FAQ_DCF_Final1.htm

 

K3: http://candleforlove.com/forums/index.php?showtopic=40925

 

 

OK....so from what you posted, it sounds like proving domicile isn't too hard....I've maintained a US bank account, credit card, etc. I also do regular freelance work for one US company in addition to my Chinese job...sounds like all that is useful proof, along with driver's license, etc....I also still have family in the US, my mail is getting sent to my parents house, so I could get some of that as well as maybe a notarized letter from the parents saying we will stay with them in the US till we find a suitable place to rent....does that seem like potentially enough to prove domicile? I will make an effort to have job offers too, but that could be difficult; if we still don't know whether or not she's even got the visa it's tough to make concrete plans....

[dnoblett]

After my last thread£¨thanks for all the helpful responses!) I discovered the CR-1 visa, which seems like a better option than K-1 which we were previously considering*. After all, it costs less, takes about the same amount of time, and then she'd get a green card immediately on arrival in the US...right?

 

 

Correct. The green card would be given on arrival in the form of an I-551 stamp. The actual card will arrive in the mail a short time later.

 

 

Also, if we were to go the CR-1 route and be successful, is there some flexibility in when we use that visa to return (like a window of a few months or whatever?) What would the restrictions on her/our movement be once we got to the US. Are there limits on the amount of time, or the number of visits she could have to China?

 

 

CR-1 has 6 months validity from the time it is issued and it is single entry. The valid time could be less if the validity of the medical exam expires before then. Having the green card will allow her to come and go from the US. Although she could not be outside the US for longer than 6 months without risking her status as an LPR.

 

Note the CR1 and other IR visas are single entry because the moment they are used to enter the USA they become green cards, and that status allows re entry. The immigrant visa has an I-551 notation on it which means green card.

[chengkai]

I was in your shoes the beginning of this year. When we heard about DCF (CR-1), it was like a sign from God. I've been living in China for a few years, but have thankfully maintained credit cards, bank accounts, a house, mail being sent to my mom, and even my phone number. Basically, think about anything and everything that ties you to the States. You could apply for some jobs on Monster, send out job inquiries to your old employers, get a phone number if you've already canceled yours, send out emails to friends and families telling them you'll be coming back, etc.

 

If you are going to file DCF, you should make sure you have a valid Z visa (or other RESIDENT visa - this does not include a visitor visa) and that you are married. Once these two things are satisfied, you may start the process. I know Guangzhou says you need to be a resident here for 6 months or more, but it's total crap. If you've been living in China for 5 years on an L visa (or non-resident visa), you will not be able to apply directly with Guangzhou. In this case, you would have to go through the same CR-1 process most people go through back in the States. If you have been without a Z visa until just now and you went to Guangzhou with that Z visa, they would accept your application. Next, get married. To do that you have to get a Marriageability Affidavit from Guangzhou and take that paper with you to your fiance's hometown to get hitched.

 

Then the visa process begins. You don't worry about domicile or proving finances until later in the process. Although, it's a good idea to get started on it and be prepared for when it does inevitably come up. The first step is filling out the I-130 and associated Bio forms. Do a search here on Candle for "frontloading documents." This is where you should start, should you choose to go the DCF route. Many people would kill to be in our shoes, able to file for DCF. We have the amazing privilege of living with our spouses while we wait, and the process is a LOT faster in most cases. Case in point: we applied April 1st. The interview is next week.

 

Good luck!

[dnoblett]

OK....so from what you posted, it sounds like proving domicile isn't too hard....I've maintained a US bank account, credit card, etc. I also do regular freelance work for one US company in addition to my Chinese job...sounds like all that is useful proof, along with driver's license, etc....I also still have family in the US, my mail is getting sent to my parents house, so I could get some of that as well as maybe a notarized letter from the parents saying we will stay with them in the US till we find a suitable place to rent....does that seem like potentially enough to prove domicile? I will make an effort to have job offers too, but that could be difficult; if we still don't know whether or not she's even got the visa it's tough to make concrete plans....

 

Yep, you have US Domicile.

 

Other things that will be needed is copies of IRS Returns for at least past 3 years. You may be exempt from paying US Tax on foreign income, however are not exempt from filing a return.

[geyahui]

OK....so from what you posted, it sounds like proving domicile isn't too hard....I've maintained a US bank account, credit card, etc. I also do regular freelance work for one US company in addition to my Chinese job...sounds like all that is useful proof, along with driver's license, etc....I also still have family in the US, my mail is getting sent to my parents house, so I could get some of that as well as maybe a notarized letter from the parents saying we will stay with them in the US till we find a suitable place to rent....does that seem like potentially enough to prove domicile? I will make an effort to have job offers too, but that could be difficult; if we still don't know whether or not she's even got the visa it's tough to make concrete plans....

 

Yep, you have US Domicile.

 

Other things that will be needed is copies of IRS Returns for at least past 3 years. You may be exempt from paying US Tax on foreign income, however are not exempt from filing a return.

 

does it have to be the past 3 years? I have filed for the past two, but the year before that I'm not sure, I was still in college....I've also filed completely online, via turbotax, so I'm not sure how to get those forms on paper....but maybe that's something I can do through turbotax.

Edited June 19, 2011 by geyahui (see edit history)

[dnoblett]

does it have to be the past 3 years? I have filed for the past two, but the year before that I'm not sure, I was still in college....I've also filed completely online, via turbotax, so I'm not sure how to get those forms on paper....but maybe that's something I can do through turbotax.

 

Turbo tax is not a problem, call IRS and order simple tax transcripts for the past 3 years, if 3 years ago you did not file, you can either file late or provide evidence that you did not have to file a return.

 

IRS Will mail or Fax transcripts to you, http://www.irs.gov/individuals/article/0,,id=232168,00.html?portlet=4

[david_dawei]

I don't know all your thought but it seems a very easy situation. Marry and create your relationship now. Do a DCF when you are ready to go live in the US permanently. By the time you file, there is almost nothing to question but ensure your domicile. Stay single and it always begs the question, 'why didn't you marry'? Forget being able to visit; that is usually a frustrating exertion in walking down a dead-end.

[warpedbored]

One issue overlooked so far is income. The consulate will want to know that you have income 125% above the federal poverty guidelines. Unless the work you are doing for the US company is ongoing and meets those guidelines you are going to need a co-sponsor if you haven't already secured suitable employment in the states.

[Beachey]

If you used Turbotax online and still have the account signon and password, there will still be PDF copies you can download from the account.

[Randy W]

An easy way to think of domicile is as your permanent address, or the place you receive mail back home. When you go off to college, you may keep your permanent address at your parents, even though you live (reside) at the university. The same thing applies to living in China. Of course, it needs to be more than just a mailbox. Sounds like you have it covered.

[geyahui]

One issue overlooked so far is income. The consulate will want to know that you have income 125% above the federal poverty guidelines. Unless the work you are doing for the US company is ongoing and meets those guidelines you are going to need a co-sponsor if you haven't already secured suitable employment in the states.

 

Can that be parents? I may have a job lined up anyway, but I can't be sure of that yet, of course. If not, can my parents be co-sponsors? They would be the ones supporting us while we get set up in the US...

[dnoblett]

One issue overlooked so far is income. The consulate will want to know that you have income 125% above the federal poverty guidelines. Unless the work you are doing for the US company is ongoing and meets those guidelines you are going to need a co-sponsor if you haven't already secured suitable employment in the states.

 

Can that be parents? I may have a job lined up anyway, but I can't be sure of that yet, of course. If not, can my parents be co-sponsors? They would be the ones supporting us while we get set up in the US...

 

Yes it is quite common to use parents as joint sponsors.