Second time around...

[Guest ExChinaExpat]

I know some of you guys have become pretty well informed about the family visa process. My first time was all about the K1 fiance visa, which I learned very well at the time, but I didn't spend much time learning about other visa options. I have been living and working in China for nearly four years now as an American citizen.

 

Should I choose to marry again, I am just interested to learn the requirements to bring a Chinese spouse to the US. Would I first need to move back to the US, get a job and establish residency?

 

I prefer to hear from those of you whose situation is similar. For example, you worked in China, met a lady, married her in China, and then somehow managed to get her a visa / green card to the US. Is there someone who can lay out the nuts and bolts of this in simple language without posting links to other places?

 

Thanks in advance

[dan1984]

I know some of you guys have become pretty well informed about the family visa process. My first time was all about the K1 fiance visa, which I learned very well at the time, but I didn't spend much time learning about other visa options. I have been living and working in China for nearly four years now as an American citizen.

 

Should I choose to marry again, I am just interested to learn the requirements to bring a Chinese spouse to the US. Would I first need to move back to the US, get a job and establish residency?

 

I prefer to hear from those of you whose situation is similar. For example, you worked in China, met a lady, married her in China, and then somehow managed to get her a visa / green card to the US. Is there someone who can lay out the nuts and bolts of this in simple language without posting links to other places?

 

Thanks in advance

 

We have the exact same situation and history, except I have only been back to China for almost 2 years now - 3+ years overall in time spent in China. When the time comes for my lady friend and I to take the next step (marriage), we will get married here, and then file via DCF, CR-1. The process seems to be shorter than the K1 process and leads directly to a green card - a 10 year green card right off the bat at that if upon entering the US the couple has already been married for 2 years.

 

Hopefully that gives you a big picture understanding of the situation. This is at least what I understand, and I'm pretty sure it's accurate. For the details, there are hundreds of threads (as I'm sure you know) that lay out the exact forms, suggested relationship evidence, etc. for going about the process.

[warpedbored]

The catch Jesse will be showing sufficient income and established domicile. In short you need to have been maintaining a place to go back to and have sufficient income for 125% of the federal poverty guidelines. If not then you will need to re-establish domicile and either come back and get a job with enough income or get a co-sponsor. Other than that DCF only takes about 6 months and there is no adjustment of status. As Dan pointed out if you've been married for two years when she enters the country she would receive a ten year green card.

[Guest ExChinaExpat]

I know some of you guys have become pretty well informed about the family visa process. My first time was all about the K1 fiance visa, which I learned very well at the time, but I didn't spend much time learning about other visa options. I have been living and working in China for nearly four years now as an American citizen.

 

Should I choose to marry again, I am just interested to learn the requirements to bring a Chinese spouse to the US. Would I first need to move back to the US, get a job and establish residency?

 

I prefer to hear from those of you whose situation is similar. For example, you worked in China, met a lady, married her in China, and then somehow managed to get her a visa / green card to the US. Is there someone who can lay out the nuts and bolts of this in simple language without posting links to other places?

 

Thanks in advance

 

We have the exact same situation and history, except I have only been back to China for almost 2 years now - 3+ years overall in time spent in China. When the time comes for my lady friend and I to take the next step (marriage), we will get married here, and then file via DCF, CR-1. The process seems to be shorter than the K1 process and leads directly to a green card - a 10 year green card right off the bat at that if upon entering the US the couple has already been married for 2 years.

 

Hopefully that gives you a big picture understanding of the situation. This is at least what I understand, and I'm pretty sure it's accurate. For the details, there are hundreds of threads (as I'm sure you know) that lay out the exact forms, suggested relationship evidence, etc. for going about the process.

 

Thanks Dan. Can you tell me though whether I need to return to the US and establish residency? In my case, I sold everything and then moved to China. That means cars, property, everything. I have no ties to the US whatsoever other than my passport right now. So, if I go back, it will be a new start. I'm a plain language kind of guy. I see from Carl's (Warpedbored) post, that he states the need to establish domicile and get income over 125% above poverty guidelines. For the K1, it used to be you had to prove above poverty income for the most recent three consecutive years. Is it the same? Really, it doesn't matter, because there is no way I would go back to the US to do that at my age. My whole idea is to be with the one I love.

 

Carl and Dan, are you both saying that if I marry a Chinese woman and stay with her for two years in China, that we can automatically go together to the US?

[dan1984]

I know some of you guys have become pretty well informed about the family visa process. My first time was all about the K1 fiance visa, which I learned very well at the time, but I didn't spend much time learning about other visa options. I have been living and working in China for nearly four years now as an American citizen.

 

Should I choose to marry again, I am just interested to learn the requirements to bring a Chinese spouse to the US. Would I first need to move back to the US, get a job and establish residency?

 

I prefer to hear from those of you whose situation is similar. For example, you worked in China, met a lady, married her in China, and then somehow managed to get her a visa / green card to the US. Is there someone who can lay out the nuts and bolts of this in simple language without posting links to other places?

 

Thanks in advance

 

We have the exact same situation and history, except I have only been back to China for almost 2 years now - 3+ years overall in time spent in China. When the time comes for my lady friend and I to take the next step (marriage), we will get married here, and then file via DCF, CR-1. The process seems to be shorter than the K1 process and leads directly to a green card - a 10 year green card right off the bat at that if upon entering the US the couple has already been married for 2 years.

 

Hopefully that gives you a big picture understanding of the situation. This is at least what I understand, and I'm pretty sure it's accurate. For the details, there are hundreds of threads (as I'm sure you know) that lay out the exact forms, suggested relationship evidence, etc. for going about the process.

 

Thanks Dan. Can you tell me though whether I need to return to the US and establish residency? In my case, I sold everything and then moved to China. That means cars, property, everything. I have no ties to the US whatsoever other than my passport right now. So, if I go back, it will be a new start. I'm a plain language kind of guy. I see from Carl's (Warpedbored) post, that he states the need to establish domicile and get income over 125% above poverty guidelines. For the K1, it used to be you had to prove above poverty income for the most recent three consecutive years. Is it the same? Really, it doesn't matter, because there is no way I would go back to the US to do that at my age. My whole idea is to be with the one I love.

 

Carl and Dan, are you both saying that if I marry a Chinese woman and stay with her for two years in China, that we can automatically go together to the US?

 

You do not need to move back to the US. When I came back to this time around, I too sold my car, no longer was renting an apartment, do not have any other property, etc. Although I technically don't have a residence in the US currently, domicile can still be proven. As was outlined by Dan/Dnoblett in this thread, there are a multitude of ways to prove domicile, such as bank statements, bills/taxes being sent to your "home address," drivers license, etc.

 

http://candleforlove.com/forums/index.php?/topic/44081-december-interview-group/page__gopid__581307#entry581307

 

Even though you yourself technically don't have a residence in the US, your parents, other relatives, or a good friends home could be your pseudo residence where all these things are sent. For me, while in China, all my mail is sent to my parents, and along with bank statement activity, drivers license, etc, that should prove my domicile.

 

As for income, I'm not sure of the exact requirements, 3 years about 125% the poverty line or whatever it may be, whatever the case though, if you do not meet the income requirements, that can be taken are of with a co-sponser.

 

As it relates to being married for 2 years. You would still need to go through the DCF visa process, but as Carl pointed out, that takes about 6 months. If after receiving your visa, if your plans call for you guys to go to the US immediately, of course you can go to the US immediately. But, if you are not in the biggest rush or still have work/things to do in China, if you are married for more than 2 years upon entering the US, you will be given a 10 year green card (only a 2 year temporary green card if entering the US before 2 years of marriage). So, if you marry, continue living life in China for about a year and a half, and then start the visa process, you will be able to enter the US 2 years after being married and get a 10 year green card. Hmmm, I believe after receiving your visa, you have 6 months to use it, so, conceivably you could also apply one year after being married.

 

Okay, I got way too wordy with that explanation, but I hope you understand what I'm trying to say, and that this helps!

[Guest ExChinaExpat]

Thanks Dan. At this point, I am looking at options. Whether to stay in China or not. If I have the option of moving back to the US and bring a new bride (and possibly her child) along, then that expands the options. I don't think your explanation is wordy, but let me send it back another way to see if I understand correctly.

 

For example:

 

I meet a lady, and decide to marry. She has a child of 17. We marry and live in China for 18 months and file for visa. Then, after two years we can DCF and move to the US? Is that correct? Does the fact that she has a child make a difference?

[dan1984]

Almost. Actually, if you file for the visa after being married for 18 months, and then receive the visa after another 6 months. That's 24 months and that's your 2 years. It's not 2 years after you receive the visa, but 2 years after you've been married.

 

Of course after getting married you can file for the visa right away and not concern yourself with waiting, BUT, some people look at waiting 2 years after being married as you get a 10 year unconditional green card right away, as opposed to a temporary 2 year green card (and another round of paperwork that goes along with filing for the unconditional 10 year green card at a later date).

 

As for how children may or may not complicate this process, I'm sorry, I don't have the answer for that. I have never paid attention how bringing a child/children along would affect this process, as it doesn't apply to me.

 

Hope that helps!

[Guest ExChinaExpat]

Almost. Actually, if you file for the visa after being married for 18 months, and then receive the visa after another 6 months. That's 24 months and that's your 2 years. It's not 2 years after you receive the visa, but 2 years after you've been married.

 

Of course after getting married you can file for the visa right away and not concern yourself with waiting, BUT, some people look at waiting 2 years after being married as you get a 10 year unconditional green card right away, as opposed to a temporary 2 year green card (and another round of paperwork that goes along with filing for the unconditional 10 year green card at a later date).

 

As for how children may or may not complicate this process, I'm sorry, I don't have the answer for that. I have never paid attention how bringing a child/children along would affect this process, as it doesn't apply to me.

 

Hope that helps!

 

Interesting!

 

Okay. Forgive another summary:

 

1. Marry right away in China and wait two years before filing and then she gets an unconditional ten-year green card.

 

2. Marry and file after 18 months of marriage and it may speed the process of option 1?

 

3. Marry in China and file right away, and she will get a two-year conditional green card?

[tsap seui]

Jesse, good luck with how life works out for you, and what you decide to do.

 

If you marry in China or go K-1. again you will need to prove 3 years of financials above 125% of proverty level, just as you did ago.

 

Married visa categories are

 

CR-1........Which when married less than 2 years when the lady steps foot in American soil yields her a 2 year green card

 

IR-1........Which when married any amount over 2 years when the lady steps foot in American soil yields her a 10 year green card

 

You can file as CR-1, go through the process as CR-1, get the CR-1 visa, but if you have been married more than 2 years when she gets to POE she will still get a 10 year green card.

 

Everything, green card wise, deals with more, or less than 2 years when she steps foot in American dirt at her POE.

 

Being married in China for more than 2 years will not let her automatically come to America with you....you still have to file an I-130, etc. for a visa for her, and go through the "residence" dance requirements and prove employment in USA even though you've lived in China more than the last few years.

 

Many have and are doing just as you are asking about. With a friend or relative in the states who will give you an address, etc in the states it is very doable.

 

As bad as the lumps of coal in yer stockin' have been of late....you have a great and happy future ahead of ya.

 

tsap seui

[dnoblett]

Thanks Dan. Can you tell me though whether I need to return to the US and establish residency? In my case, I sold everything and then moved to China. That means cars, property, everything. I have no ties to the US whatsoever other than my passport right now. So, if I go back, it will be a new start. I'm a plain language kind of guy. I see from Carl's (Warpedbored) post, that he states the need to establish domicile and get income over 125% above poverty guidelines. For the K1, it used to be you had to prove above poverty income for the most recent three consecutive years. Is it the same? Really, it doesn't matter, because there is no way I would go back to the US to do that at my age. My whole idea is to be with the one I love.

 

Carl and Dan, are you both saying that if I marry a Chinese woman and stay with her for two years in China, that we can automatically go together to the US?

The Domicile and 125% income has to do with the I-864 Affidavit of Support.

 

Lets break this down.

 

Domicile:

• Some do move back to the USA just after filing petition to reestablish domicile, or simply make a trip to the USA and find a place to live, put down a deposit on an apartment and sign a lease, the lease agreement is domicile.
  

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
  
• Secure a residence in the United States
  
• Register children in U.S. schools
  
• Relinquish residence abroad
  
• Other evidence of a U.S. residence
  

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

http://travel.state....fo_3183.html#18

Income:

• Have a job that will provide this once arriving. (Solid Job Offer, or working for a company that will transfer you back tot the USA has to show what your income will be after arriving in the USA)
  
• Can show having 3 times the income requirement in assets, for example have $56,000 in the bank
  
• Line up a Joint sponsor in the states that does meet the income and/or asset requirement, in their case assets are only worth 1/5 income. (Essentially you could have no income and assets if you have a joint sponsor.)
  

[dnoblett]

Yes as for IR-1 (Permanent Resident Visa, AKA 10 year green-card) or CR-1 (Conditional Resident Visa, AKA 2 year green-card)

• Marry and then interview for visa AFTER 2 years of marriage, visa will be IR-1 10 year green-card, no conditions to later have to pay to remove.
  
• Marry and then interview for visa just prior to 2 years of marriage, visa will be CR-1, however if entry to the USA happens AFTER 2 years of marriage, point this out at the POE and the resulting green-card will be the 10 year card with no conditions to later have to pay to remove.
  
• Marry and then interview a few months later on a short marriage, the visa will be CR-1, and if entry to the USA also happens prior to 2 years of marriage, will be issued a 2 year conditional resident green-card, requiring filing an I-751 to remove the conditions two years later at additional cost.
  

[dan1984]

Almost. Actually, if you file for the visa after being married for 18 months, and then receive the visa after another 6 months. That's 24 months and that's your 2 years. It's not 2 years after you receive the visa, but 2 years after you've been married.

 

Of course after getting married you can file for the visa right away and not concern yourself with waiting, BUT, some people look at waiting 2 years after being married as you get a 10 year unconditional green card right away, as opposed to a temporary 2 year green card (and another round of paperwork that goes along with filing for the unconditional 10 year green card at a later date).

 

As for how children may or may not complicate this process, I'm sorry, I don't have the answer for that. I have never paid attention how bringing a child/children along would affect this process, as it doesn't apply to me.

 

Hope that helps!

 

Interesting!

 

Okay. Forgive another summary:

 

1. Marry right away in China and wait two years before filing and then she gets an unconditional ten-year green card.

 

2. Marry and file after 18 months of marriage and it may speed the process of option 1?

 

3. Marry in China and file right away, and she will get a two-year conditional green card?

 

I think the others have laid out the situation in a more direct and less wordy way than I have! Also saving this page for my records for use at a time in the not too distant future!

 

Best of luck with everything! By the way, where are you in China?

[david_dawei]

Does the fact that she has a child make a difference?

To ensure the child can file for an IV at the same time:

1. Marry prior to the child turning 18

2. File for the visa prior to the child turning 21*

 

* I believe this not the procedure but in the past one has to ENTER the US prior to turning 21... and the gap between filing and being able to enter caught some as filing under 21 but then trying unsuccessfully to enter at 21... Randy (or another) may have the current handling.

 

You said this above:

1. Marry right away in China and wait two years before filing and then she gets an unconditional ten-year green card.

2. Marry and file after 18 months of marriage and it may speed the process of option 1?

 

Not quite... they are essentially doing the same thing; trying to get you to a point where you would ENTER the US after 24 months of marriage. Since you would DCF in either case, 18 months + 6 months (DCF) is really waiting 2 years to ENTER. Option 1 is waiting 2 years to FILE... so they are the same filing and speed. The second option maybe gets you into the US soon since you filed at 18 months instead of 24.

[dnoblett]

Does the fact that she has a child make a difference?

To ensure the child can file for an IV at the same time:

1. Marry prior to the child turning 18

2. File for the visa prior to the child turning 21*

 

* I believe this not the procedure but in the past one has to ENTER the US prior to turning 21... and the gap between filing and being able to enter caught some as filing under 21 but then trying unsuccessfully to enter at 21... Randy (or another) may have the current handling.

 

You said this above:

1. Marry right away in China and wait two years before filing and then she gets an unconditional ten-year green card.

2. Marry and file after 18 months of marriage and it may speed the process of option 1?

 

Not quite... they are essentially doing the same thing; trying to get you to a point where you would ENTER the US after 24 months of marriage. Since you would DCF in either case, 18 months + 6 months (DCF) is really waiting 2 years to ENTER. Option 1 is waiting 2 years to FILE... so they are the same filing and speed. The second option maybe gets you into the US soon since you filed at 18 months instead of 24.

Good catch, Yes if child is between 18 and 20-21, then K-1 and K-2 IS the visa to do. WHY? is because K-2 can adjust status based on the approved K-1 visa petition and not rely on an I-130 petition, if marriage takes place after 18th birthday, the child does not qualify as a step-child for filing a visa petition, so parent needs to file an I-130 for child after getting green-card, and the resulting process will take YEARS to get a visa for child.

[Randy W]

 

To ensure the child can file for an IV at the same time:

1. Marry prior to the child turning 18

2. File for the visa prior to the child turning 21*

 

* I believe this not the procedure but in the past one has to ENTER the US prior to turning 21... and the gap between filing and being able to enter caught some as filing under 21 but then trying unsuccessfully to enter at 21... Randy (or another) may have the current handling.

 

.

 

 

An I-130 must be FILED before the child turns 21 - the Child Status Protection Act will preserve the age for "immigration purposes".

 

The K-2 does not have this protection - the child must ENTER the US before he/she turns 21 (the visa is also no longer valid after a 21st birthday).