Applying for a K-1

[engrafted]

Hello all, I've been looking at these forums for a few months now (ever since we got engaged) and everyone here is so informative and helpful I'm surprised I needed to post any questions at all.

 

Guess a little introduction first. I came to China right after graduating University. I didn't know how long I was going to stay, then a little over a year later I met my fiancee. She was still in University at the time. She graduated about a year after we started dating, then moved in with me. We got engaged a few months ago. We really don't know if we want to live in America or China. I don't really care either way, but I want her to be able to experience America before making a big decision like that. We thought about just trying to get a travel visa but quickly realized it would probably be impossible. She has no money, no job, and almost equal ties to America as to China. So we're applying for the Fiancee visa. If successful we would probably get married there and just come back to China anyway.

 

Basically I want to make sure I understand everything that is needed when I send off the package. I would hate to miss something. So is this all I need?

 

- i-129 form

- birth certificate copy (front and back)

- evidence of relationship

- statement from both about intent to marry

- G-325A form and pasport photos for both of us

- $340 payment

 

That seems too simple. I read somewhere that there should also be a cover letter outlining the contents of the package. Is that correct?

 

And as for the evidence of our relationship, I've been living in China for four years. We weren't expecting to want to file a k-1 so we don't have anything other than photos. I was thinking our story with photos showing time going on (you can see both of us age over the spring festivals and whatnot), and a letter from my parents saying our relationship is real. It almost seems harder to prove that we've been living together for the last couple years than if I was always coming to China to visit her! haha

 

Any other ideas?

 

Thanks, and I look forward to posting my progress!

[dnoblett]

Are you still in China?? Why not marry and the file an I-130 to DHS located in Beijing or Guangzhou? Is Quicker, cheaper in the long run, and spouse gets green-card the moment they set foot in the USA, also has higher success rate due to showing a marriage commitment.

 

As for I-129F, you need to attach evidence of having physically met within past 2 years.

 

Other suggestion is to front load the petition.

Edited August 9, 2011 by dnoblett (see edit history)

[engrafted]

Are you still in China?? Why not marry and the file an I-130 to DHS located in Beijing or Guangzhou? Is Quicker, cheaper in the long run, and spouse gets green-card the moment they set foot in the USA, also has higher success rate due to showing a marriage commitment.

 

As for I-129F, you need to attach evidence of having physically met within past 2 years.

 

Other suggestion is to front load the petition.

 

I thought about that. And we will get married no matter what. We're not sure if we want to live in America. At least not yet. A visitor b-2 visa would clearly be our first choice. I just want her to meet my family, see my hometown, etc. But in her situation it would be denied without question. So, since we're engaged and going to get married, we figured we would try it this way.

[thelocaldialect]

One problem is that if you get the K1, get married, and get her the greencard it won't necessarily be easy to just go back and live in China. You need to make sure that you really do intend to reside in America before you get her a greencard, because that's what it is for, residence. Other members can correct me if I am wrong, but with very few exceptions you need to actually live at least 6 months out of the year in America in order for your (future) wife to keep her greencard. I wouldn't recommend just using the K1 as a way around a B2 rejection if all you really want to do in America is sightsee and visit your family.

[Randy W]

One problem is that if you get the K1, get married, and get her the greencard it won't necessarily be easy to just go back and live in China. You need to make sure that you really do intend to reside in America before you get her a greencard, because that's what it is for, residence. Other members can correct me if I am wrong, but with very few exceptions you need to actually live at least 6 months out of the year in America in order for your (future) wife to keep her greencard. I wouldn't recommend just using the K1 as a way around a B2 rejection if all you really want to do in America is sightsee and visit your family.

 

 

The stated purpose of the K-1 visa is "to bring a foreign national fianc¨¦(e) living abroad to the United States to marry". This is exactly what he says he wants to do. If she decides to stay, she has the option of applying for a green card. Once she has a green card, if she decides to no longer live in the US, she may abandon the green card.

 

Each step is optional - they are not required, nor is there any penalty involved (beyond the loss of the green card if she CHOOSES to abandon it). There is nothing illegal or fraudulent about anything here.

 

If she abandons the green card, she may decide at a later date to apply for re-admission through an IR-1 visa.

[dnoblett]

One problem is that if you get the K1, get married, and get her the greencard it won't necessarily be easy to just go back and live in China. You need to make sure that you really do intend to reside in America before you get her a greencard, because that's what it is for, residence. Other members can correct me if I am wrong, but with very few exceptions you need to actually live at least 6 months out of the year in America in order for your (future) wife to keep her greencard. I wouldn't recommend just using the K1 as a way around a B2 rejection if all you really want to do in America is sightsee and visit your family.

A few points.

 

K1 is for entry to the USA and marriage to the petitioner, however applying to adjust status for green card is not a requirement, in some cases where it is difficult to impossible to get a B2 visit visa due to strong immigration intent some resort to using K1 as a visit visa.

 

As for the maintaining green card, the POE if suspects card is not being used to reside in the USA even with visits of 6 months length, can have the LPR status revoked.

Edited August 11, 2011 by dnoblett (see edit history)

[thelocaldialect]

Sorry, I wasn't clear.

 

I know you don't *have* to get the green card after you get the K1 visa, or even get married for that matter, but wouldn't a K1 be a rather expensive and time consuming process if all one really wanted was a visitor's visa? I know that a B2 is hard to get, but a K1 isn't always a walk in the park either. If what I really wanted was a visit, I would at least exhaust all possibilities with the B2 visa before exploring other options.

[Randy W]

Sorry, I wasn't clear.

 

I know you don't *have* to get the green card after you get the K1 visa, or even get married for that matter, but wouldn't a K1 be a rather expensive and time consuming process if all one really wanted was a visitor's visa? I know that a B2 is hard to get, but a K1 isn't always a walk in the park either. If what I really wanted was a visit, I would at least exhaust all possibilities with the B2 visa before exploring other options.

 

 

Many people DO get "exhausted" trying for a B-2 (pun intended). We place FAR too much emphasis on the "cost" of visas, when they're usually well below the cost of making an additional trip and within the same ball park (except for the I-129F fee) whether B-2 or K-1.

 

Many people make a donation to the consulate, and take a trip there only to hear the word "No".

 

Obviously, the cost of a green card and maintaining a green card is not a factor unless they actually want one.

 

He has a choice - why wouldn't he make his own decision?

We thought about just trying to get a travel visa but quickly realized it would probably be impossible. She has no money, no job, and almost equal ties to America as to China. So we're applying for the Fiancee visa.

Edited August 11, 2011 by Randy W (see edit history)

[engrafted]

Strictly speaking about cost, a B2 could easily cost as much, or more if she applies multiple times, than a K1. We don't live in Beijing, so after factoring in travel, hotel, processing fees, etc. it could easily be as much as a K1. Even if a K1 is more expensive, in our situation it's much more likely to be accepted than a B2. I'll pay extra for those odds. We have a relationship, we don't have money piling up in the bank to freeze in China and force her to come back.

 

If we decide to continue living in China then that's just less paperwork to worry about! If we decide to live in the States, then we have that option — another thing I'm willing to pay extra for.

 

One thing I'm worried about is the tax returns for the employment record later on. Since graduating university I've never made enough money to have to pay income tax on it, having moved to China right after graduating. So I've never actually filed... I know I should have, I'm just lazy. Now I'm not even working, just studying Chinese in University again. Is that going to be a problem? Any job I have/had in China, wouldn't count for anything when I'm in America anyway.

Edited August 12, 2011 by engrafted (see edit history)