Starting From Scratch

[MatthewBeijing]

Hello All,

 

I've been reading through this forum, and it has been very helpful, though has made me very anxious about this process. I have been with my girlfriend for almost 2 years now, and have been living together for over 1 year. We love each other very much, and hope to get married and move back to the U.S. together. However, after research, it seems the best way is to first get a K-1

[MatthewBeijing]

Hello All,

 

I've been reading through this forum, and it has been very helpful, though has also made me very anxious about this process. I have been living in China for over four years, and I have been with my girlfriend for almost 2 years now. We have been living together for over 1 year. I graduated with a Masters from Tsinghua this summer, and hope to move back to the U.S. in a year or so. We love each other very much, and hope to get married and move back together. However, after research, it seems the best way is to first get a K-1 and then get married in the U.S., correct?

 

The K-1 application process seems to be quite complicated, and I have become most concerned about the income portion of the application. Last year I didn't file an income tax return because I was a student, was on scholarship, and had no income to speak of. However, the two years prior I made about $11k/year as an independent contractor for a U.S. company while living in China. At present, I have about $5k savings in my U.S. bank account, and again am working as an independent contractor for a U.S. company and also teaching English on the side. The U.S. company is paying me about $2k/month, but it is likely temporary work and am uncertain how long it will last. Including my RMB savings, I have about $8k U.S., and hope to have $15k by the time I move, and my fiance the same. We have family friends to live with when we move back to the U.S. while we look for jobs, hence the savings to buy us enough time. So, this all being said, what do you all recommend as the best way to go about satisfying the income requirements for the K-1 visa? Even though we will have sufficient savings, the lack of employment which can be certified by the IRS leaves me feeling very despondent.... We love each other very much, and want nothing more than to get married and continue our life together in America...but government restrictions are making it seem like this may not be possible?

 

Thank you very much in advance for your assistance, and hope you are all doing well.

[dnoblett]

You are living in China, why not marry over there, and then file for a spouse visa at the US consulate about 5 months before you plan on returning to the USA, it is the quickest and least expensive route.

 

K-1 requires filing petition to the USCIS, and then waiting months for them to approve, then interview, and then arrive in the USA get married and the file more paperwork for a green-card at added expense, and then wait more time for green-card before spouse can be abel to do things like get a job. Getting married in China, and applying for spouse visa results in green-card upon arival in the USA.

 

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

 

I-130 CR-1

• I-130 $420
  
• DS-230 $230
  
• I-864 (IF I-130 is filed in the USA) $88
  
• Total $650 DCF, $738 if filed petition in the USA
  

I-129F K1

• I-129F $340
  
• K-Visa fee at Consulate $240 each
  
• I-485 fee for green cards after marriage $1070
  
• Total $1650 for K-1
  

I-130 + I-129F K3

• I-130 $420 each
  
• I-129F (No charge)
  
• Petitions reach NVC
  
• Takes the K-3 path, if somehow I-129F is separated and approved before I-130 at USCIS
  
  • K-Visa fee at Consulate $240.
    
  • I-485 $1070 to adjust status after arriving on a K-3
    
  • Total $1730
    

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

  • DS-230 $230
    
  • I-864 $88
    
  • Total $738
    

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

 

Timings,

 

CR-1

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

K-1

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

K-3

• 9-12 months a CR-1 I-130 petitions need to be filed first in the USA followed by filing an I-129F for the K-3.
  
• 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 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 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 would be issued, the whole reason for K-3 no longer exists, (WAITING for I-130 approval))
  

Essentially a K-1 is about $1000 more in fees from petition filing to getting a green-card to live permanently in the USA.

 

Spouse visa (CR-1)

 

Pros:

• Lower cost in fees.
  
• Instant green-card upon arrival in the USA
  
• Able to work and travel based on the immediate green-card
  

Cons:

• If Denied at consulate will require more work to overturn the decision.
  
• If step child involved that is age 18 or older at time of marriage then would not be able to apply for a separate visa for step-child, child will remain behind until biological parent is in the USA and has green-card at which time parent files petition for child, process then takes years to get visa for step child.
  
• Slightly longer visa processing (1 to 1.5 months)
  
• Added trip is needed to get married, if already met within the past 2 years and are currently in the USA,
  

K-1 Fiancee

 

Pros:

• Slightly quicker process, perhaps by a month.
  
• If there is a child involved (possible K-2) if child is older than age 18 but less than 20, the K-1/K-2 is the only way to bring step child to the USA.
  
• If already met within past 2 years can file now
  
• if denied the visa, many simply travel to China and get married and answer the denial letter, and file a new spouse visa petition.
  

Cons:

• Much higher cost to get to green-card
  
• Unable to work or travel until after marriage and waiting for green-card, during processing of green-card app can apply for a work permit and travel document for use while waiting on green-card process.
  
• Unable to apply for a driving permit until having work permit and SSN, or green-card and SSN
  

[dnoblett]

As for income concerns, people in your situation get a joint sponsor in the states to joint sponsor your fiancee or spouse.

 

As for taxes, you may be exempt from paying tax on foreign income, however may be not exempt from filing a return each year. If income was very low you can provide evidence of this and explain why no return was filed, or you can late file with no penalty. 2K per month would require a return to be filed.

[MatthewBeijing]

Wow, thank you so much for the quick and extensive response, this is truly helpful! You have laid this out very clearly, and it does seem that getting married here first is the best solution. My previous plan was for us to travel together to Indonesia over Chinese New Year and propose to her on an isolated beach. I was afraid that the whole visa process would ruin the romance involved with my idea. After all, I only plan on getting married once, and want to make the proposal right!

 

A couple of follow up questions regarding the CR-1.

 

-Since we would be getting married in China, does the timing aspect of the CR-1 mean that it would take 3-4 months until the interview once we are officially married in China and the I-130 CR-1 is sent in? Thus, if I propose next February, and we do the official marriage in China and petition in March, this implies a response of approval or denial by about August/September? And also, if/once approved, would we need to move to the U.S. within 90 days as with the K-1?

 

-As for the interview, my fiance's English at that point will not be fluent, but its not bad, is this an issue? Also, do you have a link to common questions asked during the interview so I can help her prepare so she is less nervous?

 

-In terms of the joint sponsor, my mother's paper income is not high enough to qualify since she is a day-trader, so she wouldn't be able to sign. However, my grandfather is a retired doctor and has very high savings. He still trades equities, so that would be all that's on his income report, but in terms of savings, he has more than enough to satisfy any requirements. Would he be a viable joint sponsor?

 

-In terms of cons, do you know what the typical reasons are for denying a petition?

 

-Also, when you say immediate green card upon arrival, would that be the 2 year green card? Or would there be other issues upon arrival?

 

 

Thank you so much again for keeping the dream alive!!! We owe you big time!

[dnoblett]

DCF process (Filing I-130 to the US consulate) tends to be a 4-5 month process from filing to visa interview, if visa is approved, it will be issued within a few days after interview, unless something is needed after interview.

 

CR-1 tends to be valid for 90 days or so after issue.

 

English fluency is not a major issue at interview the officer can interview in Mandarin.

 

Yes grand dad can act as a joint sponsor.

 

Very low denial if you show having lived together for some time prior to petition filing, quite rare to see a DCF get denied.

 

2 year green-card with conditions to remove later, unless you have been married for 2+ years prior to arrival in the USA, in which case would be a 10 year card without conditions.

[david_dawei]

Why come back to the US? Your savings and money are a non-issue for the application.... and you have no job plans. You want to ask the government to issue a visa to her based on no money and no job?

 

In general, I agree that you should marry in china but not sure why you didn't think of that or already do that since your living together.

 

While being together, living together, and being married carry a lot of weight, her english is relevant to proof of the relationship. What you have to prove in the end is your relationship is without any seeking of immigration benefits (getting to the US).

 

Can you share your ages, her hometown city, why you are living together instead of her living with her mom (if not older)...

 

So far, your issues related do not fair well... Let's see if we can understand more about your situation.

[warpedbored]

Language is not as much of an issue as it was when I went through the process but it does happen. You mentioned that her English isn't that good. Do you speak Chinese? If so make sure you front load that information in your petition. I only recall one case on this board that filed DCF and had a long term relationship in China that was given a denial, it was overturned and the couple is now in the US. Over all I agree with Dan that your chances are pretty good. Be sure to take care of the domicile issue and get your cosponsor done.

Good luck

[2mike&jin]

Second...most of the suggestions...but having just completed the entire K-1 process, that I started in 2007, I would strongly encourage you to use the DCF path. The reduced number of steps is a real key in dealing with the morass of immigration. I couldn't do the DCF, even though we lived in China, because I had some "legal work" to complete prior to the marriage which necessitated both of us being in the US prior to the marriage (Pre-Nup). You really have a chance to front-load as well as do the mundane things like "complete all vaccinations" that will greatly reduce the amount of administrative burden you will have later down the road. In short, I was so tired of giving immigration the same papers at every juncture I was about ready to pull my hair out at the end during the naturalization process.

 

I would strongly recommend that you "CLEAN UP" your tax history, since ostensibly you will not owe any back taxes. Having the tax returns or better yet the transcripts from the IRS will make your life easier and reduce the chance for criticism during the process. You can do all of that from China - I filed my taxes, got transcripts etc....while I was living there...really no reason not to have it "perfect".

 

Best of Luck in the process...it's long....but it's worth it!

[dan1984]

Second...most of the suggestions...but having just completed the entire K-1 process, that I started in 2007, I would strongly encourage you to use the DCF path. The reduced number of steps is a real key in dealing with the morass of immigration. I couldn't do the DCF, even though we lived in China, because I had some "legal work" to complete prior to the marriage which necessitated both of us being in the US prior to the marriage (Pre-Nup). You really have a chance to front-load as well as do the mundane things like "complete all vaccinations" that will greatly reduce the amount of administrative burden you will have later down the road. In short, I was so tired of giving immigration the same papers at every juncture I was about ready to pull my hair out at the end during the naturalization process.

 

I would strongly recommend that you "CLEAN UP" your tax history, since ostensibly you will not owe any back taxes. Having the tax returns or better yet the transcripts from the IRS will make your life easier and reduce the chance for criticism during the process. You can do all of that from China - I filed my taxes, got transcripts etc....while I was living there...really no reason not to have it "perfect".

 

Best of Luck in the process...it's long....but it's worth it!

 

Were you able to have the transcripts mailed directly to you in China? Or, were they mailed to an address back in the States (the address on your tax forms), and then a family member or friend mailed them along to you?

 

I am planning on getting my tax transcripts at some point, but I wasn't sure if I could request that they be mailed directly to me in China, or if they would be sent to the address I used for my taxes - my residence of domicile (hehe, my parents home at this point).

 

Hopefully that makes sense.......

 

Thanks!

[dnoblett]

Were you able to have the transcripts mailed directly to you in China? Or, were they mailed to an address back in the States (the address on your tax forms), and then a family member or friend mailed them along to you?

 

I am planning on getting my tax transcripts at some point, but I wasn't sure if I could request that they be mailed directly to me in China, or if they would be sent to the address I used for my taxes - my residence of domicile (hehe, my parents home at this point).

 

Hopefully that makes sense.......

 

Thanks!

Not sure if they will mail internationally due to added postage, they will fax them, but again I doubt international.

 

You can always have them mailed to someone and then have the person scan and email to you.

[dan1984]

Were you able to have the transcripts mailed directly to you in China? Or, were they mailed to an address back in the States (the address on your tax forms), and then a family member or friend mailed them along to you?

 

I am planning on getting my tax transcripts at some point, but I wasn't sure if I could request that they be mailed directly to me in China, or if they would be sent to the address I used for my taxes - my residence of domicile (hehe, my parents home at this point).

 

Hopefully that makes sense.......

 

Thanks!

Not sure if they will mail internationally due to added postage, they will fax them, but again I doubt international.

 

You can always have them mailed to someone and then have the person scan and email to you.

 

Thanks Dan!

[2mike&jin]

I had them mailed to my Mail Forwarding Address in the states, and they re-packaged and sent to me. Parents work for free....it's easier!

[dan1984]

:victory: