Exceedingly Boring Couple Hopefully Worrying Too Much

[Randy W]

 

 

 

Telling people they can get denied because they're not already married is scare-mongering, and among the worst advice I've seen on this forum.

 

 

who did that?

 

 

"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."

 

The K-1 visa permits the foreign-citizen fianc¨¦(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

 

Kind of disingenuous of CFL to attempt to write off the K-1 visa when doing so would leave more than a few people (including the poster in question) in the lurch.

[tsap seui]

 

 

who did that?

 

 

"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."

 

The K-1 visa permits the foreign-citizen fianc¨¦(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

 

Kind of disingenuous of CFL to attempt to write off the K-1 visa when doing so would leave more than a few people (including the poster in question) in the lurch.

 

Cough, cough....who is "CFL"? I looked all over the members list so I could send CFL a PM. Couldn't find him/her anywhere.

 

tsap seui

[Randy W]

 

"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."

 

The K-1 visa permits the foreign-citizen fianc¨¦(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.

 

Kind of disingenuous of CFL to attempt to write off the K-1 visa when doing so would leave more than a few people (including the poster in question) in the lurch.

 

Cough, cough....who is "CFL"? I looked all over the members list so I could send CFL a PM. Couldn't find him/her anywhere.

 

tsap seui

 

 

That's what I get to do these days - one of my 'friends' on Facebook called it the 100 day cough, which we seem to be spreading by computer.

 

No names are called for here.

[NickF]

ChunMei and I went the K1 route because I'd been separated from my wife for almost 4 years, and the divorce at that point had taken 2 freakin' years because my now ex- didn't care if we were divorced or not, as long as I wasn't there.

 

So at the time of my first trip to China I was still married. ChunMei and I had been corresponding for almost a year at that point, and talking daily with webcams, so we had transcripts of all of those conversations. On my first visit I met her entire family (parents, 3 sisters, and a brother, as well as her son) so that happened quickly.

 

I proposed to her on that trip, and gave her my grandmother's engagement ring, so I had no receipt for it. We also spent an entire afternoon and evening having engagement pictures taken by a professional photographer, and submitted copies with the original K1 application.

 

My divorce was still not final when I made my second visit. At that time we spent a week traveling together, then spent another week in Nanning with her family for New Year.

 

Three months later I was finally divorced, and filed the K1 a week later, as soon as I had the final divorce paperwork. Surprisingly everything went extremely smoothy (I was still nervous as can be seen from some of my posts at the time) but from start to finish the entire process only took eleven months from start to finish.

 

So plan for the worst, hope for the best, and good luck to you both.

[warpedbored]

Let's try to refrain from telling people what kind of visa they should be filing for. Present the facts and let them make up their own mind. I have seen no evidence to back up the claim that K-1 is denied more than CR-1. Lately here on CFL it seems to be the opposite. The visa officers make their decision based on the totality of the case. The only consistent factor I see that makes a difference is the number of trips to China. That applies to either type of visa.

[bobber205]

Let's try to refrain from telling people what kind of visa they should be filing for. Present the facts and let them make up their own mind. I have seen no evidence to back up the claim that K-1 is denied more than CR-1. Lately here on CFL it seems to be the opposite. The visa officers make their decision based on the totality of the case. The only consistent factor I see that makes a difference is the number of trips to China. That applies to either type of visa.

 

Thank you for this. I wasn't sure why anyone was bothering to give me that advice now of all times since it's too late.

[James1]

When you consider the cost of a trip to China, it seems ridiculous to me to place so much weight on the cost of the visa and green card. Why not simply do what makes the most sense?

 

What makes sense to you is not always what makes sense to others. Frequent flyer miles make for a very inexpensive trip to China. Besides, I'd rather give my money for a trip to China than to the government. Just a difference of opinion that's all. And no one's scare-mongering.....just presenting facts.

 

 

Telling people they can get denied because they're not already married is scare-mongering, and among the worst advice I've seen on this forum.

 

Yes - it's a difference of opinion. I prefer presenting FACTS, and letting them decide. We seem to be pushing CR-1's over K-1's, and over-emphasizing the cost of the visa. Travel costs MONEY, a CR-1 will, in my estimation, involve at least one more trip than a K-1.

 

Personal circumstances should determine THEIR choice - the poster in question seems to be well down the path with his.

 

I would also have to agree with Randy. I don't know what is the best way, however my wife and I used a K1 and she was here in six months with only one trip to China on my part. I did a lot of reading before we ever met and it seemed that CR-1 took more time on average. The logic seems to me to be that when you are already married you have more to prove that it is a real relationship. Whereas a K1 is based on you are still getting to know each other with the possibility that after she or he comes to the US that you could decide that you do not want to get married and then they would go back to China. Therefore you have less to prove of the relationship.

[NickF]

My attorney effectively said the same thing. She said that since a K1 visa is a temporary one-time entry to the country DOS figures it's a safer bet, since if you don't marry, your fiancee would have to leave the country anyway.

[DennisLeiqin]

My attorney effectively said the same thing. She said that since a K1 visa is a temporary one-time entry to the country DOS figures it's a safer bet, since if you don't marry, your fiancee would have to leave the country anyway.

So what if once here the K1 fiance does not want to return to China? Who's going to make her? No one. And, then she overstays and becomes undocumented. It happens all the time and Immigration knows it.

[dnoblett]

My attorney effectively said the same thing. She said that since a K1 visa is a temporary one-time entry to the country DOS figures it's a safer bet, since if you don't marry, your fiancee would have to leave the country anyway.

So what if once here the K1 fiance does not want to return to China? Who's going to make her? No one. And, then she overstays and becomes undocumented. It happens all the time and Immigration knows it.

Yep, The Bonafide relationship thing is still a big factor with K-1 as it is with CR-1..

 

One note about the K-1, it has a legally binding requirement, of Marry the Petitioner or leave. Cannot marry anyone else and then attempt to adjust status that way, it just will not fly. There is no way for a K-1 visa holder to legally stay in the USA without marrying the K-1 petitioner and then adjust status.

[bobber205]

My attorney effectively said the same thing. She said that since a K1 visa is a temporary one-time entry to the country DOS figures it's a safer bet, since if you don't marry, your fiancee would have to leave the country anyway.

So what if once here the K1 fiance does not want to return to China? Who's going to make her? No one. And, then she overstays and becomes undocumented. It happens all the time and Immigration knows it.

Yep, The Bonafide relationship thing is still a big factor with K-1 as it is with CR-1..

 

One note about the K-1, it has a legally binding requirement, of Marry the Petitioner or leave. Cannot marry anyone else and then attempt to adjust status that way, it just will not fly. There is no way for a K-1 visa holder to legally stay in the USA without marrying the K-1 petitioner and then adjust status.

 

Makes sense to me. I was always told K1 was the easier/quickest option.

[dnoblett]

Yep, The Bonafide relationship thing is still a big factor with K-1 as it is with CR-1..

 

One note about the K-1, it has a legally binding requirement, of Marry the Petitioner or leave. Cannot marry anyone else and then attempt to adjust status that way, it just will not fly. There is no way for a K-1 visa holder to legally stay in the USA without marrying the K-1 petitioner and then adjust status.

 

Makes sense to me. I was always told K1 was the easier/quickest option.

Not necessarily quicker or easier, I have seen plenty of them get hung up by the consulate, Tsap seui is a prime example, I believe it took him 3 years to bring his spouse to the states.

 

Anyway from the looks of things your case looks pretty plain Jane, much like my case.

 

One note after getting married you should be able to do the adjustment of status without any problems, it is a straight forward process, just do some study and you should be able to D.I.Y.

[DennisLeiqin]

My attorney effectively said the same thing. She said that since a K1 visa is a temporary one-time entry to the country DOS figures it's a safer bet, since if you don't marry, your fiancee would have to leave the country anyway.

So what if once here the K1 fiance does not want to return to China? Who's going to make her? No one. And, then she overstays and becomes undocumented. It happens all the time and Immigration knows it.

Yep, The Bonafide relationship thing is still a big factor with K-1 as it is with CR-1..

 

One note about the K-1, it has a legally binding requirement, of Marry the Petitioner or leave. Cannot marry anyone else and then attempt to adjust status that way, it just will not fly. There is no way for a K-1 visa holder to legally stay in the USA without marrying the K-1 petitioner and then adjust status.

 

Legally, to the letter of the law, that's correct. However, reality works differently IMO.

 

Of course the K1 fiance who decides not to marry and overstay doesn't know about all those legal issues pertaining to her. She now has her feet on our soil and isn't going back. I've seen, met and know many such Chinese women here in SoCal who've overstayed different visas. And, I have seen them get married, file for adjustment of status and receive their GC. I do believe that USCIS prefers that those who are undocumented become documented and that any prior issues of overstay are forgiven.

 

Possibly this separate topic needs it's own thread. Didn't mean to steer the OPs question in a different direction.