Exceedingly Boring Couple Hopefully Worrying Too Much

[bobber205]

Hello Candle For Love members!

 

I discovered this site a few hours ago by googling ¡°K1 visa denial reasons¡± or something along those lines. Jing and I are a little less than 2 months into the K1 visa process and reading all the stories about denials in Guangzhou has gotten me super worried.

 

So I¡¯m making this post to hopefully have you guys calm my worries or worst case give my much needed advice and info.

 

Our I-129F was received by USISC on November 10th, 2011. We hired an attorney to help us with this process. As luck would have it, there¡¯s a CHINESE immigration attorney locally in town. Such luck! I¡¯m listing all pertinent details below is a numbered format to make it easier to read and refer back to later if need be. (hehe, it¡¯s also way easier than trying to incorporate a bunch of specific details into a ¡®story¡¯)

 

1) We meet on March 5th 2011. The first time we talked (over chat on ChineseLoveLinks.com first then quickly to Yahoo Messenger because their chat client sucks) we talked for 7 hours. We only stopped so I could wake up the next day)

 

2) We became a couple after 8 days. I cancelled all my dating website accounts (had a chineselovelinks.com account, an eHarmony account, Zoosk, some others I can¡¯t really remember)

 

3) In late June/early July we started seriously talking about where this was going. If we should get married. I know it seems quick but honestly it just feels so right. I feel like I¡¯ve known her my whole life. Can¡¯t imagine being with anyone else.

 

4) I visited her for two weeks in Oct (Oct 5th to 19th). We spent time in Beijing then traveled to her hometown.

 

5) I lived for a week with her and her parents who live in a city near Chongqing. We then spent a few days with her cousin in Chongqing proper.

 

6) We got engaged Friday evening on Oct 7th.

 

7) Early November we sent in our packet of info. It included about a dozen pictures of us together in China, Great wall pics, Forbidden City, even a couple with her parents/cousin/family.

 

8) I will visit in January for 9 days for Chinese New Years. Probably will take 200 or 300 pictures.

 

My worries:

 

* At the time of the interview we¡¯ll have known each other for a little over a year.

* We knew each other for 7 months before getting engaged. How bad is this?

* I know from other sources that I have to have 2 years of documented income to show I can ¡®support¡¯ her once she¡¯s here. I make many times over the poverty level so that won¡¯t be an issue but I started work August 2nd, 2010 (graduated in June 2010). My parents are obviously willing to cosign this. Is this going to be an issue?

* We¡¯ve literally never once talked on the phone. We¡¯ve used skype 100% of the time (occasionally Yahoo Video but almost always skype). So I have no phone records. With our initial packet, I had 1000+ Skype calls between the two of us to send. Will that be seen as equivalent?

 

Stuff I hope is in my favor:

 

* Will living for a week with her parents and visiting them twice, especially on such a important occasion such as Chinese New Years be beneficial?

* She¡¯s a year older than me, I assume no issue with this (she¡¯s 24 I¡¯m 23).

* She¡¯s meet my parents (particularly my mother) many times over Skype.

* Her English is 90-95% fluent.

* Neither one of us have been married before.

* Attorney has recommend me doing the following: More gifts, keep receipts. Continue to keep logs of skype chats/video calls.

* I bought her an engagement ring, which she will wear to the interview.

 

Honestly can¡¯t think of anything else to add, but I may edit if I or she thinks of something else.

[Beachey]

I don't want to scare you as you may be fine but playing Visa Office here:

 

1. Why did you choose a K-1 Visa rather than getting married in China? Given that you are both young (her being a year older is a not an issue) why would she not want to get married where her family and friends can be present. She has never been married, how do her parents feel about this? On the K-1 you need to be married in the US.

2. Being that young and entering into a internet, long-distance relationship is unusual. Most of these internet relationships are when the woman is a little older (30+), often divorced and her prospects for finding a Chinese man are slim. Is she only entering this relationship for the green card? I also think this is a question you should be asking yourself. I am not attacking your relationship here but just making you aware this may be a question you need to address. The fact that you have met her parents is a very good sign.

3. Are you Chinese or non-Chinese ancestry? Non-Chinese is probably better as counter intuitive as that seems.

4. I would focus on photos with her friends and family when there for Spring Festival. These you will be able to present at the interview.

5. How much did you front load your petition with evidence of your relationship - Skype, etc. Bringing subsequent Skype logs is good but she may not be given the opportunity to present it.

6. Plan on your third trip at a minimum for the interview. Depending on timing and budget, a fourth trip between Spring Festival and the interview might be good as well.

 

There are others who can give you good evidence for a K-1. These are my thoughts.

[bobber205]

I don't want to scare you as you may be fine but playing Visa Office here:

 

1. Why did you choose a K-1 Visa rather than getting married in China? Given that you are both young (her being a year older is a not an issue) why would she not want to get married where her family and friends can be present. She has never been married, how do her parents feel about this? On the K-1 you need to be married in the US.

2. Being that young and entering into a internet, long-distance relationship is unusual. Most of these internet relationships are when the woman is a little older (30+), often divorced and her prospects for finding a Chinese man are slim. Is she only entering this relationship for the green card? I also think this is a question you should be asking yourself. I am not attacking your relationship here but just making you aware this may be a question you need to address. The fact that you have met her parents is a very good sign.

3. Are you Chinese or non-Chinese ancestry? Non-Chinese is probably better as counter intuitive as that seems.

4. I would focus on photos with her friends and family when there for Spring Festival. These you will be able to present at the interview.

5. How much did you front load your petition with evidence of your relationship - Skype, etc. Bringing subsequent Skype logs is good but she may not be given the opportunity to present it.

6. Plan on your third trip at a minimum for the interview. Depending on timing and budget, a fourth trip between Spring Festival and the interview might be good as well.

 

There are others who can give you good evidence for a K-1. These are my thoughts.

 

1) We strongly considered the K3 as an option. It was a very hard decision to make to go with K1. It came down to two reasons: She didn't want to get married and then go through a long period along right after we got married. At the time of hiring our attorney, we asked him which he recommended. He choose K1. His recommendation was ultimately our biggest reason (he offers both as services, each are the same price)

 

2)She has had a long term relationship with a Chinese man previous to me. She lost her virginity in this relationship. (It ended due to the man's parents not approving of her). From everything I've read and what she's told me as well, virginity is a big requirement in China. She had an account on that website looking for a Chinese man but happened to talk to me.

 

3) I am super white. This made for an interesting experience in her hometown! Never been the only white person in a 50 mile radius before! Not being Chinese being helpful seems very intuitive to me, given what I've read her and on the Internet in general.

 

4) We will do this!

 

5) I provided everything our attorney asked for. There was a good dozen plus pictures, including some of me with her mother and father. There was a good 10+ pages of Skype logs (1,000+). Our attorney helped us write the establishment of relationship letter. The package was fairly huge.

 

6) Oh how I would love to do this. My trip to the Spring Festival is stretching things not only financially but also work wise (time off). We work on contract so I simply don't get paid. All my vacation days are gone. I will gladly take the hit on my credit card to travel for the interview, whenever that is early-mid next year. Fourth trip is completely out of the question, unless the interview is late next year.

 

Thanks for the response so far!

[dnoblett]

Your situation is similar to mine, my wife is about 7 years younger than me, we had no prior marriages.

 

Only differences in my case I had been to China once before meeting my wife on line, it is felt a couple trips prior to a petition filing helps.

 

I met my wife on line Sep 2005, carried on an online relationship until July 2006 when I made a trip to China to meet her, then filed for a K-1 Aug 2006, I traveled to China Feb 2007 to be with her when interviewing for visa.

 

Things in our favor:

1. No prior marriages
2. Over 9 month online relationship, documented
3. She was an English teacher.

A few notes:

 

K-3 is an optional visa type for those who have a CR-1 or IR-1 petition in process, however the reason a K-3 is an option no longer exists, K-3 was developed as an option for people who have been waiting a very long time for CR-1/IR-1 petition approval, it allowed couples to be reunited in the USA while waiting out a long petition approval for their spouse CR-1 or IR-1 visa and once that was approved they could adjust status, or return to home country to apply for their spouse visa. USCIS is no longer taking years to approve spouse visas, they now tie the K-3 and CR-1/IR-1 petitons together and approve at same time then send together to NVC, when NVC kills the K-3 and proceeds with the CR-1/IR-1 visa process.

 

 

But as Beachy said, the consulate seems to be a little harder on K-1 cases than spouse visa cases, the thinking is if your were that committed to the relationship why not marry first and then file for a spouse visa? K-1 is a visa type for situations where marriage overseas is difficult or impossible due to things like,Age differences, age rules, religious, and other regulations in the foreign country, that do not exist in the USA. It is also for cases where marriage is the USA is desired for other reasons. It use to be that people did K-1 due to the LONG petition process for spouse visa, however with many improvements in the process this is no longer a valid reason to got K-1 vs CR-1/IR-1..

 

Lastly it is good that you are researching the process, having a lawyer involved is no guarantee that things go smoothly, and that the lawyer knows the process, from your post it sounds tike you may have a good one giving good advise. I have seen a couple nightmare lawyers too, most recently one that advised a couple that it was OK for their K-2 daughter to leave the USA before adjusting status, in that case it will be YEARS before she can be reunited with her family.

 

 

 

 

 

 

[bobber205]

Before finding this forum, I was super confident of our chances, going by mostly what my attorney had said.

 

Apparently he's done hundreds of these successfully.

 

But now I'm less sure. Thanks dnoblett for your response.

 

We're crossing our fingers hoping for a speedy process. But we're both fully committed to doing whatever it takes to get her Visa.

 

She's done a lot of research on her own, especially about the interview process. Apparently she's read of cases where girls that barely speak any English have gotten approved. I know that' rare but still crazy it happens.

 

Is there anything we can do in the meantime to prepare for the interview? Anything specific to our circumstances?

 

Alex

[dnoblett]

Just keep studying the forums.

 

One more point of note, what is her work? Does it involve membership in the CCP?

 

If she is a member, do not fear the inadmissibility issue, be honest and upfront about it, the consulate will automatically process a waiver of this on the grounds that it was required by work. This waiver typically adds a few months post interview to process.

[bobber205]

Just keep studying the forums.

 

One more point of note, what is her work? Does it involve membership in the CCP?

 

If she is a member, do not fear the inadmissibility issue, be honest and upfront about it, the consulate will automatically process a waiver of this on the grounds that it was required by work. This waiver typically adds a few months post interview to process.

 

She works Human Resources. She studied political science in college but didn't end up taking any government, I assume because of likely required CCP membership. She hates the communist party over there. While I was visiting she make lots of remarks about how stupid it is etc.

 

She's work for American/European based companies since she's graduated. Is that helpful?

[bobber205]

I went into my closet and found the copy of the initial packet sent to USCIS.

 

I am going to list everything it. Is there something we forgot I should be aware of?

 

 

1) Letter from my attorney, "Dear Immigration Officer" it begins. List of forms filled and supporting documentation.

 

2) Photocopy of check along with a color picture of myself and Jing.

 

3) Form G-1145

 

4) G-28 Notice of Entry of Appearance as Attorney or Accredited Representative

 

5) I-129F, Petition For Alien Finace

 

6) G-325A, Biographic Information (one for each of us)

 

7) Separator Page

 

8) Letter about our relationship and how it began/evolved. Signed by me. Little over a page.

 

9) My birth certificate

 

10) Jing's birth certificate

 

11) My visa

 

12) China entry visa page

 

13) Copies of boarding passes from trip (2 pages)

 

14) 12 pictures from our trip, including one with her mom and dad. Another with her cousin and nephew.

 

15) 13 emails from random times in the last year. Including two poems I wrote for our 3 month and 6 month anniversary. (7 pages)

 

16) 13 pages of skype logs. (printed in very small font size, about 9px)

 

17) A sworn statement of true copies

 

Total count: 46 pages not counting separator pages.

 

Anything we missed/our attorney missed that we should bring to the interview?

[dnoblett]

Looks compleate.

 

Fiancee letter of intent from both parties?

[bobber205]

Looks compleate.

 

Fiancee letter of intent from both parties?

 

By letter of intent do you mean EOR?

 

Not sure. The letter includes a statement about how we're dedicated to getting married within 90 days of entry into the USA.

[dnoblett]

Looks compleate.

 

Fiancee letter of intent from both parties?

 

By letter of intent do you mean EOR?

 

Not sure. The letter includes a statement about how we're dedicated to getting married within 90 days of entry into the USA.

If letter indicates that, that is letter of intent.

 

Sounds like that has been handled, letter of intent is one requirement of I-129F

[bobber205]

Looks compleate.

 

Fiancee letter of intent from both parties?

 

By letter of intent do you mean EOR?

 

Not sure. The letter includes a statement about how we're dedicated to getting married within 90 days of entry into the USA.

If letter indicates that, that is letter of intent.

 

Sounds like that has been handled, letter of intent is one requirement of I-129F

 

I feel very much relieved you think the packet looked complete. We filled out the forms initially and apparently made many mistakes.

Our lawyer fixed it typed it up all nice. The mistakes were so minor (to us) that we would have never noticed them and probably have gotten a blue slip for the info we didn't fill in or got wrong.

 

The EOR was also missing specific information that he called me for and asked for. He ended up writing the entire letter himself with all details provided by me.

 

So he's saved us on two points. He's apparently done hundreds of these before. Hopefully he knows that he's doing. To be extra sure, is there any website I can go to and view his record? His legal info?

[warpedbored]

Bobber I have been on this board for about 9 years. In that time I've seen lawyers screw up several petitions. Remember this very important fact. No one cares more about your petition than you do. Check, double check and triple check everything your lawyer does. Kinda makes you wonder why you hire one when you have to check everything yourself anyway. I suppose for some it gives them peace of mind. Don't let that peace of mind become complacency.

[bobber205]

Bobber I have been on this board for about 9 years. In that time I've seen lawyers screw up several petitions. Remember this very important fact. No one cares more about your petition than you do. Check, double check and triple check everything your lawyer does. Kinda makes you wonder why you hire one when you have to check everything yourself anyway. I suppose for some it gives them peace of mind. Don't let that peace of mind become complacency.

 

I will triple check everything on my own from this point forward (I was careful to do everything he asked for previously) and also run everything through this board before taking any actions.

 

Above I posted everything that was sent with the initial I-129F form. Anything he missed?

[A&B]

You are in the same boat as many of us....waiting....wondering...second-guessing ourselves....Oh...did I mention waiting and ....waiting?? The wheels of our bureaucratic government grind ever so slowly. Continue with your trips and plans, it will help the time pass by.

 

We are hoping to be together at this time next year!

 

Happy holidays,

 

The B of A&B