Returning Member

[daxiong27]

I am back after 5 years. I read some of the postings and recall how consoling it was to have a sanctuary as CFL when you tread unfamiliar and sometimes hostile waters.

 

The last time we were successful in bringing her over to the the US, marrying and obtaining her Green Card, and finally her permentant card. Unfortunately her and my 2 daughters hated each other, and as the 100% full time parent, there was little room for options. Between my kids and her mom who campaigned non-stop to have her marry a wealthy chinese guy, we finally decided to stop the bleeding.

 

We seperated in 2009, and divorce was final in January of 2010.

 

It was clear to me I had to wait until I was an empty nester to have the opportunity to be with a partner for the second half. Well after being kid-free for nearly a year, and learned from lifes lessons, the woman of my dreams entered my life (when i least expected it by the way)

 

I have told her that I was married twice and last time with a chinese girl. We have been talking about marriage as it is clear o both of us that connections this deep do do happen often in one's life.

 

My question here is which direction. The K-1 process went fine before, and i was rsponsible in providing for her until she got her GC, and even supported her until she got a good job and on her feet financially in the US.

 

My question now is which route to go. I would be fine to marry in China, or bring her and her 15 yo daughter to US and marry here. It seems that the rules and process times have changed a bit, so any comments are always welcome. It does seem to me that to marry in China seems the most prudent way, especially with a teenage daughter. Am I on track here?

 

Once again, I am thankful to have this group.

 

Daxiong

[warpedbored]

The decision whether to marry or go K-1 is highly personal. What is logical to us may not be for you. Having already sponsored one Chinese woman will get the attention of the VO that handles your case. Front loading your petition in your case is critical. Read everything in the Ellis' Island forum. Multiple trips to China before filing is a good idea. Not only from a common sense standpoint but also it will show the VO you are more cautious this time. K-1 vs CR-1. Most of the people here on their second time around marry in China and file an I-130 for a CR-1 visa . Time wise is not much longer anymore and it certainly has economic advantages. Your sweetheart will get her green card shortly after entering the US and no expensive AOS. The biggest advantage of K-1 in your case is if she is denied and gets a white slip at interview you still have the option of getting married and filing an I 130. There is no do over for a CR-1. You have to battle it out to the bitter end. I wouldn't even consider a K-3. They are pretty much obsolete since an I-130 is so much faster than it used to be.

I hope this was some help. Good luck.

[Randy W]

One thing to be aware of even though it's two to three years away is that if you go the marriage (CR-1) visa route, you need to marry before her daughter is 18. You will need to file an I-130 for her to be able to adjust status, which you can only do if she qualifies as your "child for immigration purposes" - that is, she must be under 18 at the time of your marriage. A K-3/K-4 won't help as the I-130 still must be filed for her to adjust status.

 

A K-1/K-2, on the other hand, may immigrate and adjust status up to her 21st birthday

 

Just something to be aware of if that deadline (her 18th birthday) enters the picture.

[daxiong27]

Thank you for the posts. Good stuff.

 

She has also done her homework from the web board from the other side, and we both decided to go for marriage in China. Some folks may think this is premature, but to have a plan in mind up front is good for me. This way we can live life and collect the information along the way and be ready for when that day comes.

 

I read the Ellis Island Forum although I jusr cruised the Case Law and Suits briefly. I will definitely sink my teeth into that later. Many thanks again.

[dnoblett]

Ultimately it is your decision where to marry. If were me I would develop a strong relationship, visit China a couple times, and then marry over there. If life situation would allow perhaps moving there and teaching 6 months to a year, and then file for spouse / step-child visa over there DCF. DCF has the lowest denial rate.

 

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 $230 Each
  
• I-864 (IF I-130 is filed in the USA) $88
  
• Total $650 each DCF, $738 each if filed petition in the USA
  
• Grand Total $1300 DCF, $1476 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 $240 each
  
• I-485 fee for green cards after marriage $1070 each
  
• Total $1650 for K-1 and $1310 for the K-2
  
• Grand Total $2960
  

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 separated and approved before I-130 at USCIS
  
  • K-Visa fee at Consulate $240 each.
    
  • I-485 $1070 each to adjust status after arriving on a K-3/K-4
    
  • Grand Total $3460
    

  [*]Takes the CR-1/CR-2 path if USCIS sends both CR-1/CR-2 and K-Visa petitions to NVC

  • DS-230 $230 each
    
  • I-864 $88
    
  • Grand total $1476
    

I did not add costs for Medical, Vaccinations 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

• 10-13 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 (Topically adding time to get the cases matched up), 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 6, 2012 by dnoblett (see edit history)