To Marry in US or China First?

[pnuts09]

I've seen some similar postings, but nothing quite like my situation:

 

Just got engaged on Christmas Day! Now looking for best strategy for the marriage - US or China. Some background:

1) I've been living in GZ for 3 years, and have current contract through 2012 (though likely to extend at least 2 more years after that)

2) My fiancee (then girlfriend) got a B2 visa about 6 months ago, and accompanied me to the US for my sister's wedding.

 

So - can (should) I take advantage of her current B2 visa and get hitched in US, or get married in China and follow normal CR1 process? Since I intend to stay in China at least 3 more years, I have the luxury of time. But is there any benefit to getting married first in the US?

 

My main short term goal is to maintain her travel flexibility - definitely want to visit US next Christmas, so at that timeframe, we're either renewing her B2, or in the CR1 process. Or can she travel to US during CR1 process if its clear we both work and live in China?

 

Any feedback is appreciated!

[Randy W]

It makes no difference at all WHERE you get married, assuming she returns before the B-2 expires.

 

BUT - the catch is that a marriage may affect your B-2 renewal. On the other hand, with a good track record of visiting and returning, she probably won't have any trouble.

 

On the FOURTH hand, if you file an I-130 for CR-1 (what we call DCF or Direct Consular Filing), the pending CR-1 application might be cause for denial of a B-2 application.

 

So, the best path to follow is this: a) use and return from her current B-2. b ) get married wherever you choose c) apply for a renewal of the B-2 d)THEN submit an I-130 application to the Beijing or Guangzhou USCIS office for a CR/IR-1 visa.

 

I believe Kyle followed this path exactly.

 

If she enters the U.S. with her CR/IR-1 visa AFTER your second wedding anniversary, she will get a 10 year green card.

 

and CONGRATULATIONS!

Edited December 26, 2011 by Randy W (see edit history)

[Randy W]

Whether you submit your I-130 to Beijing or Guangzhou depends on which USCIS district you're in. There seems to be some confusion about that these days, with at least one province being listed under the jurisdiction of BOTH offices. One applicant was even told to go to the OTHER consulate by both offices!

[warpedbored]

Personally I think your best option to keep her travel ability flexible is to not marry until six months to a year before you want to return to the US to live.These visas are intended for legal permanent residents of the US not people who are still living in China. Without maintaining some semblance of living in the US an immigration official at customs could decide she has abandoned her green card and send her packing back to China.

[chilton747]

Personally I think your best option to keep her travel ability flexible is to not marry until six months to a year before you want to return to the US to live.These visas are intended for legal permanent residents of the US not people who are still living in China. Without maintaining some semblance of living in the US an immigration official at customs could decide she has abandoned her green card and send her packing back to China.

 

 

I totally agree with this. Also, once the visa is granted then you have 6 months before it expires.

[Randy W]

Personally I think your best option to keep her travel ability flexible is to not marry until six months to a year before you want to return to the US to live.These visas are intended for legal permanent residents of the US not people who are still living in China. Without maintaining some semblance of living in the US an immigration official at customs could decide she has abandoned her green card and send her packing back to China.

 

 

I totally agree with this. Also, once the visa is granted then you have 6 months before it expires.

 

 

Except that it makes no sense whatsoever. When and where they get married has no bearing whatsoever on their immigration chances, except that a LONGER period of marriage BEFORE you apply can work to your advantage.

 

Get married WHEN and WHERE you want. THEN apply for the visa six months to a year before you expect to move to the U.S.

 

Your current B-2 plus an extension should allow the U.S. visitation you are desiring. An extension should be fairly easy, even if you're already married at that time, provided you DON'T submit the I-130 FIRST.

Edited December 26, 2011 by Randy W (see edit history)

[pnuts09]

Awesome! Thanks for all the invaluable advice! Will likely get married quickly (location TBD), then worry about immigration visas if/when the need arises.

 

Now can focus on wedding details without the other headaches. Thanks again!

[warpedbored]

Getting married will have little or no bearing on her getting an immigrant visa but it could severely affect her chances of getting another B-2 visa. Just the fact that she marries a US citizen shows possible immigrant intent. Receiving an immigrant visa then trying to maintain it while living in China is has risk. I stand by my previous advice that in your circumstances the best way to keep her travel options flexible is to wait to get married.

[tsap seui]

Getting married will have little or no bearing on her getting an immigrant visa but it could severely affect her chances of getting another B-2 visa. Just the fact that she marries a US citizen shows possible immigrant intent. Receiving an immigrant visa then trying to maintain it while living in China is has risk. I stand by my previous advice that in your circumstances the best way to keep her travel options flexible is to wait to get married.

 

I agree Carl. And Randy had a great idea about getting the next B-2 visa in hand, then get married. Sounds like Pnuts is simply jumping the gun a couple of years early on an immigration visa. Get married soon and his chances of getting the blushing bride over for next Christmas are going to diminish significantly, but who knows.

 

We were married over two years when Wenyan got her visa and I certainly understand how sweet it is to get a 10 year card soon after your POE.

 

I'd say get married soon, don't put too much faith in her getting another B-2 (it would be icing on the ol' wedding cake if she was DAMN lucky and did) and go for the IR-1 visa when you want to go to America. It's a lot of fun and quite a cool experience to get married in CHinertucky...We still laugh about our wedding.

 

Good luck Pnuts.

 

tsap seui

[foobaz123]

Given the practically bullet proof nature of the DCF process why would any other option even be considered?

 

If you married soon and tried to renew a B2 while on contract in China I'd be surprised you wouldn't get it as you have the various "magic bits" that help:

1) Already had a B2

2) Generally renewing for future travel vice a specific "going to meet the family or whatever" trip

3) Can easily show you'll both be coming back to China which ought to satisfy the requirements for greater ties

 

Given the alternative would be to try and get married here in the States and do the AOS thing, possibly risking them saying you were misusing a B2 visa, why would any other option be seriously considered?

[Kyle]

Personally I think your best option to keep her travel ability flexible is to not marry until six months to a year before you want to return to the US to live.These visas are intended for legal permanent residents of the US not people who are still living in China. Without maintaining some semblance of living in the US an immigration official at customs could decide she has abandoned her green card and send her packing back to China.

 

 

I totally agree with this. Also, once the visa is granted then you have 6 months before it expires.

 

 

Except that it makes no sense whatsoever. When and where they get married has no bearing whatsoever on their immigration chances, except that a LONGER period of marriage BEFORE you apply can work to your advantage.

 

Get married WHEN and WHERE you want. THEN apply for the visa six months to a year before you expect to move to the U.S.

 

Your current B-2 plus an extension should allow the U.S. visitation you are desiring. An extension should be fairly easy, even if you're already married at that time, provided you DON'T submit the I-130 FIRST.

 

Completely agree with this

[david_dawei]

Here is my advice, which seems to line up with some of Randy's points:

 

I would balance the issue of having the B2 vs arriving in the US after the 2 year marriage anniversary. For me personally, I would put the latter issue as most important. While the B2 is nice to have while it lasts, it does not help the eventual IV petition/application; a longer marriage will; And arriving after the 2 year anniversary means she gets the 10 year greencard... for all your time together, you might as well make it as worthwhile as possible and get the 10 yr; you easily have time to figure it out. But at some point your going to sacrifice something and you'll have to decide which is truly more important for the long-term.

 

So, I personally would do the following:

1. Continue with the B2 applications.

2. DO NOT DO ANY CR1 until about 6-12 months from leaving (realize you'll get 6 months to leave upon issue).

3. Get married in late 2012 or early 2013 (assuming you'll leave after the end of 2014).

 

You may run into some issues after marriage in continuing to get B2 but try and see what happens.

 

Good Luck.

Edited December 27, 2011 by david_dawei (see edit history)

[LeeFisher3]

Do what's best for your situation as Randy suggests.

 

The ideal situation is to keep renewing the B2 and be married for 2 years or more before immigating to the US. The 2 years of marriage before entry on a CR1 is prefered as your next interaction with USCIS will be a renewal in 10 years with the occasional change of address. Believe me there is value in not having to jump through any additional hoops with USCIS, plus every time you file anything co$t$ way too much.

 

It just kills me to agree with Randy.

[Randy W]

Do what's best for your situation as Randy suggests.

 

The ideal situation is to keep renewing the B2 and be married for 2 years or more before immigating to the US. The 2 years of marriage before entry on a CR1 is prefered as your next interaction with USCIS will be a renewal in 10 years with the occasional change of address. Believe me there is value in not having to jump through any additional hoops with USCIS, plus every time you file anything co$t$ way too much.

 

It just kills me to agree with Randy.

 

 

You're a big boy now, Lee. You can handle it! B)

[dnoblett]

This sounds exactly like Kyle's situation.

 

His wife then fiancee got B2 visited the USA, then got B2 renewed no problems, and visited again to meet Kyle's family.

Filed petition to DHS office at the US Embassy in Beijing.

They married and were married more than 2 years before coming to the USA.

Resulting visa was IR-1, and resulting green-card was 10 year unconditional...

 

Also where marriage takes place makes no difference, if you want to marry in the USA for American family, or in China for Chinese family it's up to you.

 

Only issue is possible denial of B2 visa renewal after marriage, may need to provide solid evidence of ties to China, again Kyle wrote of what they did to deal with the ties to China.