Living in China

[margarth]

I'm a U.S. citizen (by birth) living in China with my fiancé who is a Chinese citizen. We would like to continue to live in China at least for the near future but would like to get married in my hometown in the U.S. Basically, I'm trying to figure out the best way to do this. Should he apply for a K1 visa using a cosponsor in the U.S. and then just not apply for Adjustment of Status after we get married? We're not qualified for DCF as I am in China on a tourist visa (although I have lived here for over two years).

 

We would like to be able to take trips to the U.S. in as convenient a way as possible after we get married. Obviously a green card is the most convenient, but they won't grant him one if we're not living in the U.S., right? Will we just have to get K3 visas every time we want to take a trip to the U.S. in the future? Please tell me there's a less painful way than that...

 

Thanks for any advice,

Maggie & Jason

[Randy W]

K1 would work - once.

 

Something you might TRY, however, is to apply for a B-2 visitor's visa NOW for her - if she uses it and returns before the expiration, subsequent applications will be more easily approved. The Obama administration is calling for relaxed restrictions on tourism from China specifically that may work in your favor. If you wait until AFTER marriage for the first application, that can be more difficult.

 

A DCF would work - you would first get married, at which point you're eligible for a residence permit and can immediately file DCF. That will work, assuming you're otherwise qualified. But then you're stuck with relying on the green card, which can be revoked if you don't live in the U.S.

 

Another option, if it somehow fits in with your plans, is to live in the U.S. (married) for three years. She will then be eligible for American citizenship, which will make your travel easier.

[margarth]

Thanks so much for your response! Unfortunately, he applied for a B2 visa last October before we were engaged and was denied. Looking back, we shouldn't have even tried to go for the B2, as he has no significant financial ties in China (e.g. house, car, high income job, etc.) except for those of his parents.

 

I didn't realize I could get a resident's permit in China if we marry here first. That would solve my visa issues, but I've heard that it's much easier for the Chinese fiance/spouse to get a US visa if you marry in the US first. If we did that though, got married in China first, and I got a resident's permit, then we would apply for a K3 through DCF? But that wouldn't help for future visits to the U.S., would it?

 

Also, from what you're saying, it sounds like getting a tourist visa to the US will be harder for my fiance after we get married?

 

As far as living in the U.S. married for three years, it's not a preferred choice for us but definitely considerable if it's the only way. My fiance does not want to change his citizenship, though, and to be honest, I don't want him to either as we'd like to be able to live/travel in China as well. Is there any legal way (not having to worry about getting a green card revoked) for us to live outside of the U.S., married, and be able to visit the U.S. together once in awhile, without him changing his citizenship?

 

Sorry if this post is kind of all over the place, just trying to figure this all out.

[Randy W]

American citizenship would most likely do the trick for him - but it does require 3 years residence in the U.S. I THINK you would both be eligible for residence permits as family members of Chinese citizens, but check with the local PSB to be sure on that. If not, a 1 year L-visa (available at the PSB) would work just as well.

 

WHERE you get married doesn't matter - the only reason to get married in the U.S. is if you want to do that.

 

The tourist visa is easier ONLY after a good track record of properly using them.

 

For a K-3 visa, you must first file an I-130 for a CR-1 visa, and then file an I-129F for a K-3. Unfortunately, the K-3's are usually killed in favor of the CR-1 these days.

 

But it keeps coming back to the fact that the green card isn't what you need long term.

 

China has no such restrictions on American citizen visitors.

[margarth]

Again, thank you so much for your help. Let me just make sure I understand. The first time we go to the U.S. (for our American wedding), we could either:

 

A. get a K3 after first getting married in China, or

B. get a K1 and get married in the US

 

Both of which are in no way helpful to future visits to the US. So I guess that means there's no way to live outside the U.S. but visit the U.S. once a year or so, unless he becomes an American citizen? He is not willing to change his citizenship, so I'm not sure what we should do.

[Randy W]

Yes - but you might just wait a little bit and try the B-2 route again. Wait and see if Obama doesn't come through with relaxation restrictions on those.

 

Good luck

[dnoblett]

I am having a daja-vous moment here, there is another thread in this forum with similar title only with "And Confused" added.

 

http://candleforlove...__fromsearch__1

 

There are three spouse/fiancee visas noted in that thread.

1. K-1 For marriage in the USA, then either return to home country, or stay in the USA and adjust status, applied for by mail to USCIS in the USA.
   
2. CR-1 or IR-1 Spouse visa, this can be applied for DCF in China, or by mailing a petition to USCIS in the USA.
   
3. K-3 this and OPTION for a person who has already applied for a CR-1/IR-1 spouse visa in the mail to USCIS in the USA only. And usually gets canceled by NVC because the K-3 is for waiting for an I-130 petition approval in the states, it gets canceled because the I-130 is approved before K-3 can be issued.
   

 

MORE: http://candleforlove...post__p__584584

 

One other option about B-2, is if fiancee is of college age and considering college in the USA, perhaps consider visiting colleges in the USA, and this can be a reason for getting the B-2.

 

http://candleforlove...post__p__584494

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

[margarth]

Thanks, dnoblett! Sorry for the similarity in titles. There is a huge difference between our situations, however, in that the couple from the other thread is looking to live in the U.S., which apparently is fairly straightforward, despite all the applications, paperwork, etc. (Not trying to downplay the hassle and heartache that people go through doing this, but all the options that you listed above are possible for these people).

 

I understand how to get both of us to the U.S. to get married and then come back to China (K1 and no AOS after marriage). However, I'm looking for a way to be able to visit the US with my husband after we get married, like for Christmas or other important family/friend events. He has none of the qualities that would allow him to get a B2 visa. I suppose we could try the "looking at graduate schools" thing, but that would only work once, right? I'd really rather have a legitimate, legal way to be able to have him travel with me. At this point, I'm not even picky about how convenient it is. It's just kind of frustrating that there seems to be no way to be able to "guarantee" my husband's travel to the U.S. without him immigrating, which seems to go against the US government's desire to keep down the number of immigrants...

[dnoblett]

As was said earlier work on getting that first B2 visit visa, If can get that, and demonstrate will not overstay, applying for another in the future tends to be a simple process of doing it in the mail.

 

B2 is a multi-entry visa, good for 1 year, so could use it a couple times in a year.

 

Kyle's wife managed to get a B2 prior to their marriage, and I believe renewed it again after.

[margarth]

Okay, thanks for your help, Dan! One last question: would getting a K1 visa and coming back to China before it expires help in getting B2 visas in the future?

[dnoblett]

Okay, thanks for your help, Dan! One last question: would getting a K1 visa and coming back to China before it expires help in getting B2 visas in the future?

Probably will, K-1 is non-immigrant, and if did not overstay it's 90 days, may help in getting a B2.

[Randy W]

Uh . . . my guess is no. K-1's are processed as immigrant visas. You never know, but I would concentrate on getting a B-2 first, even if you are serious about wanting to get married in the U.S. Visiting is visiting - using a K-1 for that purpose can be seen as side-stepping.

 

Incidentally, there's nothing wrong with getting married on a B-2, either, as long as you don't overstay. It's unclear from your posts whether you actually WANT to get married in the U.S., or if a Chinese wedding would be okay.

 

Sorry for the differing opinions here, but it's really just guesswork as to what goes on behind the scenes.

Edited February 16, 2012 by Randy W (see edit history)