Immigrant visa - walk right in

[Imsoconfused44]

Since my SO and I have talked of marriage, I have always planned to go to China to marry her and bring her back to the states with me.

 

From the beginning, she has maintained that once we are married, we can waltz into the U.S. embassy in Guangzhou and get her a visa.

 

She has an aunt who married an American about 10 years ago, and apparently, that is exactly what they did. Her aunt and uncle insist that we can still do that.

 

I am pounding the pavement, so to speak, trying to determine if this is even remotely possible. I have scoured U.S. govt. agency websites - you know ones. I have made phone calls (what else are they going to tell me but do the paperwork and wait, right?). And, now I am reading through stacks of forum posts on a couple of websites like this one.

 

I have not found one piece of information to suggest that we can get married in China and then go directly to the embassy and bypass all the red-tape.

 

Does anyone have any feedback that is constructive? Please don't rip on me for being a rube! I already know I am a rube, lol.

[ChrisA]

Since my SO and I have talked of marriage, I have always planned to go to China to marry her and bring her back to the states with me.

 

From the beginning, she has maintained that once we are married, we can waltz into the U.S. embassy in Guangzhou and get her a visa.

 

She has an aunt who married an American about 10 years ago, and apparently, that is exactly what they did. Her aunt and uncle insist that we can still do that.

 

I am pounding the pavement, so to speak, trying to determine if this is even remotely possible. I have scoured U.S. govt. agency websites - you know ones. I have made phone calls (what else are they going to tell me but do the paperwork and wait, right?). And, now I am reading through stacks of forum posts on a couple of websites like this one.

 

I have not found one piece of information to suggest that we can get married in China and then go directly to the embassy and bypass all the red-tape.

 

Does anyone have any feedback that is constructive? Please don't rip on me for being a rube! I already know I am a rube, lol.

 

Welcome to World of Red Tape.

 

"I have not found one piece of information to suggest that we can get married in China and then go directly to the embassy and bypass all the red-tape."

 

Even if your were living and working in China and were able to do a DCF, it would still take some months to get your IR1/CR1 Visa. You still have a number months after your married before you get the Visa for your wife. Her source of information is outdated and the laws have changed, along with the procedures to obtain a Visa.

 

How many times have you been to China to visit her? It's kind of hard to give you guidience without know some details of where you are in your relationship?

[Imsoconfused44]

Her father is in a Chinese prison. Her mother left her and her father (who had an affair) when she was little. She has a grandfather living in Yanji, otherwise no other family. Her Chinese-American aunt arranged for my S.O. to marry an American government worker last year. She came over on a K-1 visa in December 2011.

 

She never wanted to marry the man, so when she arrived, she told him just that. I met her online after her aunt insisted she spend time on dating sites. We spent many, many hours chatting online. I met her in Atlanta before she went back to China. Also met her aunt on that trip.

 

Here's the rub: Please understand that she had her green card in her hand, so to speak...gave it up, and then refused to stay in the U.S. illegally when her aunt and uncle insisted.

 

I then went to Beijing in March and spent 9 days with her.

 

It is my plan to go in mid-June again.

 

Bottom line from what I here you saying is...impossible to what her aunt and uncle have suggested?

[ChrisA]

Her father is in a Chinese prison. Her mother left her and her father (who had an affair) when she was little. She has a grandfather living in Yanji, otherwise no other family. Her Chinese-American aunt arranged for my S.O. to marry an American government worker last year. She came over on a K-1 visa in December 2011.

 

She never wanted to marry the man, so when she arrived, she told him just that. I met her online after her aunt insisted she spend time on dating sites. We spent many, many hours chatting online. I met her in Atlanta before she went back to China. Also met her aunt on that trip.

 

Here's the rub: Please understand that she had her green card in her hand, so to speak...gave it up, and then refused to stay in the U.S. illegally when her aunt and uncle insisted.

 

I then went to Beijing in March and spent 9 days with her.

 

It is my plan to go in mid-June again.

 

Bottom line from what I here you saying is...impossible to what her aunt and uncle have suggested?

 

OK, interesting, she did get married, got her 2 year Conditional Green Card, gave it up and returned to China or was she still here on her K1 Visa? Was it a compatablility issue with the ex, or was because the relationship was arranged?

The next big question, is she divorced, if not she isn't legally able to marry again, so what is the scoop on this? You need to address this soon, is her ex filing by default, which would be the easiest way, but he will have to invest money to have the divorce papers translated and served in China or at least sent via EMS where she has to sign for the documents.

 

I would say from what is provided, give it a lot of time as she will be on the radar screen if you rush things from this point forward, I hope you understand where I'm coming from, any petition you might file for her, both USCIS & DOS are going to take a real deep look at, as she has been petitioned before to come to the US.

 

My personal feeling is, are you two ready to invest at least 2 years of time to build the solid foundation for your relationship. I'm sure other here will also have some comments, keep an open ear!

Edited May 21, 2012 by ChrisA (see edit history)

[Imsoconfused44]

Sorry for the confusion. No, she did not get married. She refused. My point was..."she had the green card in her hand, so to speak."

 

IF the green card was the mission then, why would she shred her golden ticket? She never had ANY feelings for the man. So, rather than take the advice of her aunt, uncle, and all of her friends back in China (who told her she was crazy) - which was simply: Marry the man and divorce him in 3 years, she made a decision based on her own values and personal integrity.

 

Listen, the guy was in his mid-40s, never been married, and had no kids. Great job. He said he loved her.

 

She trades him in for what? ME? A guy in his mid-40s, ONLY SEPARATED when we met online, 3 kids, and a teaching job.

 

By falling for me, she just bought herself a truckload of excess baggage and about the furthest thing from a sugar daddy, lol.

 

I've got my eyes wide open, and I know I could be in for a mighty fall (it's something we openly discuss - she has her own fears). If she playing me, I just don't see the logic. Playing me for what?

[Randy W]

So what's the question? I don't see one that you haven't really answered already as far as her and red flags. Don't feed the trolls.

 

For the visa, you need to decide whether to file for a K-1 (I-129F), or a CR-1 (I-130) - as others have said, you're speaking months there. I don't see any red flags for the VO's.

 

A K-1 might be awarded by the end of the year, if you file now. With a CR-1, you have to get married first. But if you take your time like you need to, the timing may turn ut to be a wash either way. Give it some time to get to know her first.

[dnoblett]

I know of one other member that went through this K-1 came here, had major issues with fiancee, did not marry and returned to China, found another on dating site and has since came to the USA on a second K-1 and is happily married.

 

Basically it is a decision marry in China or In the USA. You may also consider costs (Visa petition through green-card) K-1 is more expensive in fees than a CR-1, about $900 or so more than CR-1.

 

Lastly there is no such thing as a "Walk In Visa", may be thinking of situation where US Citizen has been living in China for a while on a visa type that allows extended residency such as a work visa, in this case the petition can be filed in Guangzhou or Beijing to USCIS office there (also known as DCF), and the processing is faster by several months compared to filing a petition in the USA, DCF typically takes 3 to 4 months filing to visa.