Living in China and Confused

[bubbahotek]

I have been in China for a year now under a Z visa for work as an English teacher. I have been living with my girlfriend for six months now. We would like to get married but are unsure of where we should get married. Would it be better to get married in the US with a K1 visa? Or get married here in China and apply for a K3 visa?

 

Which process would be faster?

 

We would also be applying for a K2 visa for her 15 year old daughter.

 

What is DCF and do I qualify or do I file the paper work in the US?

 

I have never attempted anything like this before so this is kind of overwhelming for me.

 

Would appreciate any advice you can give and also a list of documents that I will need. I have downloaded and have started filling out the G-325A, I-134, I-129F, DS-230 I

 

Any help you can give would be greatly appreciated.

[Randy W]

I'm sure you've converted your Z-visa to a residence permit and work permit by now.

 

You can do it either way by your own preference as to WHERE you get married, but the most direct route to taking her to the US is through the DCF (direct consular filing) of an I-130 petition AFTER getting married in China. The K-3 visa is not an option when filing DCF. It (K-3) may be appplied for, but is usually closed administratively when filing state-side. Filing an I-130 for your wife and another for your step-daughter will give them CR-1/CR-2 visas, and green cards upon arrival in the U.S. The K-1/I-129F requires a separate I-485 application for a green card AFTER arrival in the U.S.

 

 

Direct Consular Filing of I-130 - http://guangzhou.use...n-relative.html

Please note that you need to be a permanent resident in South China (Guangdong, Guangxi, Fujian or Hainan province) in order to file at our office. That is to say that you need to have a Permanent Resident Booklet issued by the Chinese Public Security Bureau Exit Entry Administration and an Employment Certificate and already residing in China for at least six months.

 

 

Dec., 2011 - their website says

U.S. Citizens who legally reside in the local area, can file an Immediate Relative Immigrant Petition (Form I-130) by coming to the office during public service window hours only. We do not accept applications by mail.

 

No mention is made of the six month requirement - just that you "legally reside" in the "local area".

If your Chinese residence falls under the jurisdiction of a different consulate

USCIS

office, please check with them for their specific requirements. The Beijing embassy has indicated that they will accept any "long- term official authorization permitting you to live in China", and does not require an actual residence permit.

 

The

USCIS

Public Service window is located at the Guangzhou consulate, to the left of the visa interview windows. As of January 1, 2011 public service hours are from 8:30am – 10:30am on Fridays only.

 

Update on

GUZ

's

USCIS

office hours -

 

Please be advised that starting January 1, 2011, our public window opens from 8:30am – 10:30am on Fridays only. Immigration forms can be downloaded from our website at www.uscis.gov

http://guangzhou.use...org.cn/cis.html

 

The mailing address for submission of

I-130

petitions to the Beijing

USCIS

is:

 

 

U.S. Citizenship and Immigration Services

U.S. Embassy Beijing

No.55 An Jia Lu Road (安家楼路)

Beijing, China 100600

 

USCIS

Service and Office Locator for Beijing office

 

"U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form

I-130

) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in Shenyang, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation."

[dnoblett]

Randy pretty much nailed it on the head and leaned more toword the marry in China and file the two petitions to the USCIS office located in Beijing or Gunagzhou, you can also visit one of the other consulates, and they will help you get it sent to one of the two USCIS offices in China.

If it were me I would be going the marry in China and file DCF, route.

Here are the costs breakdowns, visa petition filing to green-card..

I-130 CR-1/CR-2 Spouse/Step child case

• I-130 $420 each
• DS-230 $330 + $74 Each
• I-864 (IF I-130 is filed in the USA) $88
• Immigrant fee $165 each
• Total $989 each DCF, $1066 each if filed petition in the USA
• Grand Total $1648 DCF, $2132 if filed in the states.

I-129F K1/K2 Fiancee visa

• I-129F $340 (Just for K-1, K-2 gets a derivitive visa)
• K-Visa fee at Consulate $350 each
• I-485 fee for green cards after marriage $1070 each
• Total $1760 for K-1 and $1420 for the K-2
• Grand Total $3180

I-130 + I-129F K3/K4

• I-130 $420 each
• I-129F (No charge)
• Petitions reach NVC
• Takes the K-3/4 path, if somehow I-129F is seperated and approved before I-130 at USCIS
  • K-Visa fee at Consulate $350 each.
  • I-485 $1070 each to adjust status after arriving on a K-3/K-4
  • Grand Total $3680
• Takes the CR-1/CR-2 path if USCIS sends both CR-1/CR-2 and K-Visa petitions to NVC
  • DS-230 $330 + $74 each
  • I-864 $88
  • Immigrant fee $154 each
  • Grand total $2132

I did not add costs for Medical, Vaccinatios and Postage, it is essentially the same in any case.

Timings,

CR-1/CR-2

• 9-12 months if petitions are filed in the USA
• 3-4 months if petitions are filed in China

K-1/K-2

• 9-10 months petitions must be filed in the USA

K-3/K-4

• 9-12 months a CR-1/CR-2 I-130 petitions need to be filed first in the USA followed by filing an I-129F for the K-3/K-4.
• What happens next is the USCIS ties the spouse visa petition to the I-129F, then process together, and in the vast majority of cases they approve the I-130 at the same time as I-129F and mail both together to NVC where NVC closes the I-129F (K-Visas) and proceeds with the I-130 petitions. (The reason the K-3/4 exist as an option has to do with a problem that existed 8-10 years ago where it was taking a very long time for USCIS to process I-130 petitions, the K-3/4 was offered as an option for a married couple to be reunited while waiting for the I-130 to be approved, after which they could either return to home country and interview for the spouse visa, or could then adjust status in the USA. Since USCIS is approving the I-130 BEFORE K-3/4 would be issued, the whole reason for K-3/4 no longer exists, (WAITING for I-130 aproval))

Edited June 10, 2014 by dnoblett
Added immigrant fee. (see edit history)

[bubbahotek]

So I have to file an I-130 for both wife and child? I'm getting my forms together now. Marriage in China and the DCF looks to be the easier way to go about things.

[bubbahotek]

What other forms are required for the I-130 and do I file these forms in person at the US Consulate in Guangzhou? Would Guangzhou or Beijing be easier?

[dnoblett]

 

 

So I have to file an I-130 for both wife and child? I'm getting my forms together now. Marriage in China and the DCF looks to be the easier way to go about things.

Yep will be filing two visa petitions one for spouse, and one for step child.

A couple guides as to what will be needed to be filed:

• http://www.visajourney.com/content/i130guide1 (Spouse)
• http://www.visajourney.com/content/childpet (Step Child)

Both will be filed at the DHS office in Guangzhou or Beijing, or you can visit the closest consulate, they should assist you in accepting the fees, and forwarding petitions to Guangzhou or Beijing.

[dnoblett]

What other forms are required for the I-130 and do I file these forms in person at the US Consulate in Guangzhou? Would Guangzhou or Beijing be easier?

From what I read, both are the same, however you need to file at the location having jurisdiction over where you reside in China, ultimatly the visa interview will happen in Guangzhou.

[dnoblett]

Also to get married in China, you will need to visit one of the US consulates to get a certificate of no marriage.

 

MORE: http://guangzhou.usembassy-china.org.cn/information_about_getting_married_in_china2.html

[Kyle]

What other forms are required for the I-130 and do I file these forms in person at the US Consulate in Guangzhou? Would Guangzhou or Beijing be easier?

From what I read, both are the same, however you need to file at the location having jurisdiction over where you reside in China, ultimatly the visa interview will happen in Guangzhou.

 

Yup, File whichever consulate has jurisdiction of your area. You I-130 will ultimately be forwarded to Guangzhou, which is where the interview will take place

[bubbahotek]

So I need 2 copies of each form? One for the wife and one of the step daughter. I am in Jinan, Shandong Provice, so I would take them to Beijing to be filed?

 

I-130 CR-1/CR-2 Spouse/Step child case

• I-130 $420 each
  
• DS-230 $330 + $74 Each
  
• I-864 (IF I-130 is filed in the USA) $88
  
• Total $824 each DCF, $912 each if filed petition in the USA
  
• Grand Total $1648 DCF, $1824 if filed in the states.
  

[dnoblett]

So I need 2 copies of each form? One for the wife and one of the step daughter. I am in Jinan, Shandong Provice, so I would take them to Beijing to be filed?

 

I-130 CR-1/CR-2 Spouse/Step child case

• I-130 $420 each
  
• DS-230 $330 + $74 Each
  
• I-864 (IF I-130 is filed in the USA) $88
  
• Total $824 each DCF, $912 each if filed petition in the USA
  
• Grand Total $1648 DCF, $1824 if filed in the states.
  

 

You will not be filing the DS-230 and I-864 and fees until interview time, only the $420 each paid in Beijing.

 

Wife's Petition for Beijing:

 

• Payment as required by USCIS. Use a personal check if allowed by the Service Center (as of 4/2005 they do allow this). If not, use a money order so you can track the payment.
  
• Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
  
• Form I-130: Petition for Alien Relative
  
• Copy of the full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.
  
• A copy of petitioner's proof of naturalization. (If applicable)
  
• A copy of petitioner's proof of permanent residency. (If applicable)
  
• A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) (no longer needed)
  
• A copy of your marriage certificate (If not inEnglish then again get a translation)
  
• If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents).
  
• A copy of a prior spouse's death certificate. (If one or both of you were married before, and the prior spouse died)
  
• G-325A filled out by the US Citizen, signed and dated.
  
• One passport-type photo (see specification) of the petitioner. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
  
• G-325A filled out by the non-US Citzen spouse signed and dated.
  
• One passport-type photo (see specification) of the non-US Citzen spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.
  
• Evidence of a bonafide marriage (see note below for what to include)
  

 

 

http://www.visajourney.com/content/i130guide1

 

Step Child's Petition:

 

• Form I-130, Petition for Alien Relative
  
• FEE
  
• A copy of your birth certificate or U.S. passport
  
• If you were not born in the U.S., a copy of either: your Certificate of Naturalization or Citizenship or your U.S. passport
  
• A copy of the child's birth certificate showing the child's name and the names of both parents
  
• A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)
  
• A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
  
• Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child's birth certificate displaying the father's name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.
  
• If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.
  

http://www.visajourney.com/content/childpet

[bubbahotek]

If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents)

 

Both my wife and I have been married twice. Do we need proof of terminated marriage for both marriages or just the most recent one. Do I have to submit copies of my divorce decree? I have a copy of the 2nd divorce decree but not the first. As the first marriage ended many years ago.

 

I do have a copy of my birth certificate here in China but not my divorce paperwork. Just curious as to what kind of documents they were asking for.

[dnoblett]

If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated (court certified copies of the petitioner's and/or intending immigrant's divorce documents)

 

Both my wife and I have been married twice. Do we need proof of terminated marriage for both marriages or just the most recent one. Do I have to submit copies of my divorce decree? I have a copy of the 2nd divorce decree but not the first. As the first marriage ended many years ago.

 

I do have a copy of my birth certificate here in China but not my divorce paperwork. Just curious as to what kind of documents they were asking for.

Divorce documents from both prior marriages.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130Documents01.jpg

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130Documents02.jpg

 

http://www.uscis.gov/files/form/i-130instr.pdf

[Doug]

I had to take both divorce decrees, with the state seal on them showing they were on file in what ever court, to the USA Beijing Embassy and get a certification of being single, along with her peperwork, and take it to the marriage registration office run by chinese in order to get married in China. Actually your get registered and that is it. No cerimony and no questions, they just give you your books and that is ti.

Or you can get those certified through your state, stateside. I think you both have to apear at embassy. Been a long time but there are websites explaining.

Edited February 15, 2012 by Doug (see edit history)

[dan1984]

I had to take both divorce decrees, with the state seal on them showing they were on file in what ever court, to the USA Beijing Embassy and get a certification of being single, along with her peperwork, and take it to the marriage registration office run by chinese in order to get married in China. Actually your get registered and that is it. No cerimony and no questions, they just give you your books and that is ti.

Or you can get those certified through your state, stateside. I think you both have to apear at embassy. Been a long time but there are websites explaining.

 

so, just as how the chinese half of the relationship needs to get her booklets from her local offices, in order to get married in china, US citizens need to go to the US embassy and obtain certificates of being single??

 

thanks in advance for any clarification!