New Member

[jesser30]

Hello all, I am a new member here. I have met a nice young lady a few months ago while I was in Chongqing, China. We are talking of marriage and we get along great. I am 32 years old and she is 22 years old. We are talking about doing a K-1 Visa, and are very serious about each other. My question is would it be better to do a K-1 visa or is it better to try and do a K-3 or CR-1. I am not worried 1 bit about the her motives and intentions toward me. I am fine in going either way. I miss her very much and want her here with me. I would move to China, but I have an eleven year old boy that would not be able to relocate with me. So that is not an option. We want to do take the option that has the most chance of success. And preferably that will no drag out over a few years time period. Any input or insights that the kind people here can share with me would be great. Any questions that you might have please ask away.

[dnoblett]

Welcome to candle.

 

Firstly forget the K-3, it is a visa type that was developed at a time when getting an IR-1 or CR-1 visa was taking years, the K-3 allowed entry to the USA and waiting for I-130 Visa petition approval, now since the I-130 is approved before the K-3 can be processed, it's function no longer exists, so the NVC closes them and processes the CR-1 or IR-1 petition.

 

Good to discuss this, knowing what I know now, I would work to build a strong bonafide relationship prior to filing any petition, this may include a visit or two prior to doing something, perhaps getting married over there on the second trip, and then filing for a CR-1 spouse visa.

 

It seems that Guangzhou tends to deny K-1 more than they do CR-1, the reasoning, is "If your relationship is that strong, why did you not marry first?".

 

Keep in mind one reason the K-1 exists is for cases where getting married in the foreign country is difficult or impossible due to reasons like age, religion, and other rules, that would not be a factor when getting married in the USA.

 

Also if you are like me and tend to try to give the .GOV as little of your $$ the CR-1 costs less that a K-1 (Petition to green-card)

 

K-1:

• I-129F --- $340
• Visa fee - $ 350
• I-485 ----- $1070
• Total: $1760

CR-1

 

• I-130 -- $420
• Visa fees $330+74+88 ($492)
• Total $912

[foobaz123]

Presuming that one is serious about staying together and am sure they want to get married, then to me the only reason to go for the K1 is it offers a fall back position if you have any trouble with the K1.

 

For instance, if the K1 were denied you can (unless I'm mistaken) immediately get married and file for a CR1/IR1. On the other hand, if you skip the K1 and go for the IR1/CR1 then your only fall back position probably involves lawyers.

 

That said, the advantage of the IR1/CR1 is it seems more likely to get approved on the first shot than K1s. Plus, as noted it is significantly cheaper. Processing time these days seems to be about the same, within various margins.

 

Does that sound about right?

[dnoblett]

Presuming that one is serious about staying together and am sure they want to get married, then to me the only reason to go for the K1 is it offers a fall back position if you have any trouble with the K1.

 

For instance, if the K1 were denied you can (unless I'm mistaken) immediately get married and file for a CR1/IR1. On the other hand, if you skip the K1 and go for the IR1/CR1 then your only fall back position probably involves lawyers.

 

That said, the advantage of the IR1/CR1 is it seems more likely to get approved on the first shot than K1s. Plus, as noted it is significantly cheaper. Processing time these days seems to be about the same, within various margins.

 

Does that sound about right?

Only issue, is in some cases if playing the try K-1, then do CR-1 if K-1 is denied, is sometimes the denied K-1 comes back and bites you when doing the CR-1, the reason for the denial of K-1 should be addressed.

[jesser30]

Well, I sure do appreciate the input. The mother of the my love, already lives in the United States. She married a man about 4 years ago, who paid an attorney to do a K-1 and was denied. He paid quite alot of money from what he told me and was turned down and said that he decided to go for the CR-1 instead. That was what initially got me thinking in that direction in the first place. Thank you for the insight. Is it very hard to get married in China? Being an American citizen? Any other feedback from other members would be much appreciated as well.

[Highlander 08 09 10 11]

It is very easy to get married in Chongqing. My girl and I took a 2 hour train ride from Chongqing to Chengdu to the Consulate to get a "Single/not married document". With in a few days we went to the Chongqing Register Office to get married. We did the K1, denied, and then went the CR1 petition.

[jesser30]

It is very easy to get married in Chongqing. My girl and I took a 2 hour train ride from Chongqing to Chengdu to the Consulate to get a "Single/not married document". With in a few days we went to the Chongqing Register Office to get married. We did the K1, denied, and then went the CR1 petition.

 

 

Thank you for the info, she is telling me that I also need to have a document stating that I am single? I am not sure exactly what I will need? Any info on this? Thank you for the help

[Randy W]

Getting Married in China

To legally get married in China, you will gather the required documents and present them to the appropriate Chinese authorities. Any ceremony is optional.

 

Chinese Embassy in Washington, D.C. -

Marriage Registration in China

(includes a sample single affidavit)

 

The required documents may be certified in China by taking them to a consulate/Embassy. The documents may be ready in time to get married (register) that same day. In the states, it must be notarized then sent to your state's department of state for notarization...then sent to the Chinese consulate

 

Foreign-Related Marriage And Divorce In China

[jesser30]

Getting Married in China

To legally get married in China, you will gather the required documents and present them to the appropriate Chinese authorities. Any ceremony is optional.

 

Chinese Embassy in Washington, D.C. -

Marriage Registration in China

(includes a sample single affidavit)

 

The required documents may be certified in China by taking them to a consulate/Embassy. The documents may be ready in time to get married (register) that same day. In the states, it must be notarized then sent to your state's department of state for notarization...then sent to the Chinese consulate

 

Foreign-Related Marriage And Divorce In China

 

Wow, thank you very much, I really appreciate the help

[warpedbored]

Presuming that one is serious about staying together and am sure they want to get married, then to me the only reason to go for the K1 is it offers a fall back position if you have any trouble with the K1.

 

For instance, if the K1 were denied you can (unless I'm mistaken) immediately get married and file for a CR1/IR1. On the other hand, if you skip the K1 and go for the IR1/CR1 then your only fall back position probably involves lawyers.

 

That said, the advantage of the IR1/CR1 is it seems more likely to get approved on the first shot than K1s. Plus, as noted it is significantly cheaper. Processing time these days seems to be about the same, within various margins.

 

Does that sound about right?

 

This is basically correct. We have some members here who's K-1 was denied then got married and filed the I-130. I know of none who weren't successful the second time around. There are some issues with making sure the K-1 is addressed. Read everything in the Ellis Island forum.

 

I try not to persuade folks which route to take. The decision is a highly personal one. K-1 is slightly faster but is more expensive. On the other hand there are no do over's for a CR-1. If denied you have to fight it to the bitter end which can take years. I don't buy the notion that one is denied more than the other. There are too many factors that visa officers look at to make a decision. It may be important to you to marry in the states with your family present or the other way around it more be important to your sweetheart to marry in China with her family present. The K-1 fits one better than the other. Since you have been to China and met her you can file a K-1 now. Obviously to file CR-1 you will have to wait until you can take vacation to go get married adding more time to the process. My advise is to talk it over with your sweetheart and make a decision that works best for you.

 

Now all of this being said the cases I see with the fewest denials are ones where the couple took their time and filed either type of visa after a few trips to China and some time had passed to get to know each other first. It is also good common sense.

 

Good luck on your visa journey. You will find friends here who will give you technical help as well as emotional support while you wait. Welcome to CFL

Carl

[Beachey]

Well, I sure do appreciate the input. The mother of the my love, already lives in the United States. She married a man about 4 years ago,

 

Keep in mind that her mother being in the US is a potential red flag. That there could be some form of arrangement between you and her mother. The only way she could immigrate through her mother would take many years. This is an issue you need to think about how to address in establishing the bona-fideness of your relationship.

 

Additionally, if she is 22 years old I think she could have potentially come over on her mother's CR-1 though there are other's here that are much more knowledgeable about this area of immigration law. I believe the cut off is 21 so she is now too old. Honestly, this is another red flag.

 

I think you are going to need to make sure you build rock-solid evidence on your relationship before you attempt a Visa.

Edited November 12, 2011 by Beachey (see edit history)

[Randy W]

The whole visa process comes with a visa officer smack in the middle of your relationship. How best to deal with that is a personal decision, best left to the individual. Hopefully, we're not too anxious to write off K-1's. There are too many degrees of absurdity around that question of "Why aren't you already married?" to take it seriously as a legitimate immigrations issue.

 

I believe Carl's advice is right on, and I really wish we could get out of the business of trying to announce how VO's think.

[Scott@Hong]

Do your homework, with only one trip there so far and you decide to start filing paperwork you will being running into some red flags. Red flag that her mother is already here, is her mother a US citizen yet? If not, why did she not file for daughter when she filed original K1? Just using the little information you have given, Mother has been here 4 years, was denied a K1, refiled and approved on CR1. Best case scenario that was a 2 year process so daughter was in the 15-16 year old range when Mother original filed.

 

All of this is red flag information, you will need to build a very bonafide relationship BEFORE filing any petition. Another trip definitly, establish communication between your son and her via email, QQ, skype etc. or better yet if you can take him with you next trip to meet her in person. Family pictures of the 3 of you would be huge in the initial petition. Build your case, then chose the petition you feel is best for your situation based on your case, and your homework.

 

My wife is from Chongqing also, and much like Highlander, we were denied K1/2, Approved CR1/2. Including a rare petitioner interview here in the states. Something that may happen to you with Mother being here already. I think that will be the biggest red flag you have to overcome, because VO will see it as (She is only marrying you so she can come to the US to be with her Mother).

 

Not trying to be critical, and please don't take it that way, but the process is difficult and painful and your best shot is to make sure your FIRST petition is PERFECT, addressing any and all red flags. A piece of information I wish I knew when I began the process.

[dnoblett]

Well, I sure do appreciate the input. The mother of the my love, already lives in the United States. She married a man about 4 years ago,

 

Keep in mind that her mother being in the US is a potential red flag. That there could be some form of arrangement between you and her mother. The only way she could immigrate through her mother would take many years. This is an issue you need to think about how to address in establishing the bona-fideness of your relationship.

 

Additionally, if she is 22 years old I think she could have potentially come over on her mother's CR-1 though there are other's here that are much more knowledgeable about this area of immigration law. I believe the cut off is 21 so she is now too old. Honestly, this is another red flag.

 

I think you are going to need to make sure you build rock-solid evidence on your relationship before you attempt a Visa.

Very good point about the red-flag, that is a big one.

 

Howerver nope about the CR-1, there is no derivative visa in that case, if mother came to the USA on a spouse visa, the petitioner "Step Parent" would have had to file an additional petition for step child, if marriage took place prior to step child's 18th birth day, if after that then the parent would have to file a petition for their own child, which can take years to get a visa. If parent came to the USA, on a K-1, the child could follow to join on a K-2 however this has to happen within 1 year of the parent getting the K-1.

[jesser30]

I am speaking with my future wife now. What do we do if cr-1 gets disapproved? She has been looking on 001.com website that is in Chinese, she thinks that if it is turned down we can just reapply again for CR-1. Is this correct? I just booked a flight to meet her in Shanghai at the end of November. I will spend 2 weeks with her there. I think that I will do the paper work and bring it and we will talk about it there. Then maybe I will go back in March with my son for a week or so. I think this will be the best way. Does that sound good?