Beginning visa application for a couple with busy lifestyles.

[ART005]

My fiancee and I are just starting the process of immigration to the US for her and getting married. Our situation is unique with added opportunity but also some unique challenges. While we are both pretty sharp at navigating the immigration process when we know what to address, we could use help for what we don't know to address.

Here is our story as it is evolving:

• I have never been married and have no children. She was divorced 2 years ago and has a daughter that is a junior in high school.
• We met mid September, 2012 on www.ChinaLoveMatch.net
• Our attraction for each other was very strong and fast. Emailing, chatting and video-chating almost everyday.
• In a few days I purchased plane tickets to China dated for mid November, 2012
• A few days later I purchased more plane tickets to China for late December, 2012.
• We met in person 11/11/2012 in her city in China. We spent 2 weeks visiting each other: her friends and business contacts near her home; then her daughter, brother's family and her parents in another city; her old classmates in yet another city; and tourists sites in Beijing.
• By the time we met her parents 11/17/2012 we told them of our plans to get married. They have given us their blessing.
• I purchased more plane tickets to China in early December dated for early March, 2013.
• We will be together in her city for two weeks starting 12/23/2012.
• We will travel South China together for two weeks starting 3/3/2013.

We have completed our I-129F but have not submitted it because I'm not sure about some issues:

• My address is confusing and I don't want to confuse where I'm living now and where we plan to live when she gets her visa.
  • My home is in Montana. I am a self employed Chemical Engineer and an Apartment Landlord. My Apartment Bldg. is in MT. This house is where we will live when she gets her visa.
  • Almost all of my Chemical Engineering work is in Utah. I rent a room in a shared house there. My schedule is typically 1 week off per month. If I wasn't going to China so much I would spend most of that time off at my Montana house.
  • It's not relevant now, but 1 year ago, similarly I lived in my small home in central WY for 3 years while I did chemical engineering work there. Utah was an opportunity I couldn't say no to when I thought I was returning to MT.
  • In December, I started extended work trips to central Nevada. I am given shared company housing there. They are patient with all my trips to China. I think this project will last through April, 2013 but so far I have only completed two weeks so we are still developing the scope of work.
• Our plan is for me to keep working until at least the end of April, 2013 while we wait for her Visa but if the wait for the visa stretches much later, I am interested in living in China for 3 month intervals with about 1.5 months in the US between trips.
  • On one hand we would like her to experience my traveling work and be part of the decision when to quit.
  • On the other hand we would rather be together in China if the wait for the visa gets long.
• She is also self employed, in China of course. Her business is very valuable for the time it requires.
  • She has a daughter that is a junior in high school at a boarding school some 400 miles away, but near her parents and her brother's family.
  • The idea is to keep her business and home going until she can give them to her daughter after graduation.
    • But maybe her daughter will go to University, maybe she won't.
    • If her daughter doesn't go to University, the daughter might be better off with the business, the house, and continuing education in art and business nearby via some less conventional way. (In the US I would call it night school or community college plus private art studio training. I'm told those don't exist in China.....)
  • Her parents are retired and are willing to keep the business and home going for some time to help transition to the daughter after she gets her visa.
  • She would like to visit China each year between October and February to participate in the business' busy season.
• Our big picture plan is to live in Montana, manage the real estate investments, enjoy our home, potentially start another small business, and be snowbirds to China during the winter.
  • Some of the annual trip to China will be to visit family.
  • Some of the annual trip to China will be to touch base with the business.
  • Some of the annual trip to China will be to visit south China to enjoy the weather.

So while it would be nice to have a quick Visa process, what we really need is some certainty to not mess anything up while we live a somewhat transient lifestyle, and some guidance how to complete all the application paperwork in a way that doesn't alarm someone looking for “conventional stability” as part of our qualifications.

In summary, some key points:

• On the I-129F, is it a problem for me to list different address for my current location and where she (we) intend to live in the US after she gets her visa? Of course we will live together there, but the I-129F doesn't allow us to make that clear.
• She has a high school junior daughter in boarding school so far away that they only see each other about once per year. She moving to the US and then being back in China for 3 months each year doesn't really change anything with their relationship but again the I-129 doesn't offer anywhere to explain (I guess it doesn't even address if the child will stay in China or not.) The daughter stays with her father during summer breaks.
• We would like to proactively manage my engineering business but we need some idea of time frame for her visa. 4, 8, 12, 16 months?...... there are certainly some grueling stories on www.CandleForLove.com

And one last question, I saw that Shenyang is listed as a US consulate that can be used for visa application. Is that true or do we have to specify Guangzhou?

What suggestions do you have for us?

[tsap seui]

You will be filing your initial application, I-129F, etc from the US so you will be sending the paperwork to the USCIS service center which covers Mt. No need to worry about Shenyang or Guangzhou for the initial application, they are for you living in China and starting a DCF type application in country.

Plenty of trips is good, keep detailed records of anything ot do with the relationship and your trips....I mean any and everything. As it nears time to file get some of her friends or family to write letters of knowing you two and how good you are for each other, etc. Same with some of your family/friends. Stack the deck. Think of a good evolution of relationship letter that you can write up. Give all this with the initial application, trying ot add stuff on later is spotty at best, might as well figure they aren't going to even look at it.

Plan on a year or more, hope for the best. Never get impatient, it helps no one. Same thing with being in a hurry.

Good luck

tsap seui

[ART005]

Thank you for the help. Are you suggesting the I-129F isn't critical. Just send it in as accurately as possible and start preparing for the next phase when the government replies to us?

[dnoblett]

If I were you, I would wait to file the I-129F till after your second trip, showing a couple trips over prior to filing will help some with the bonafide relationship issues, short time from initial online meeting to first meeting is not a LONG online courtship, Sep-Nov is only two months.

 

K-1 visa also affords a K-2 visa for child, if child is under age 21 prior to visa issuance strongly consider this, because later after marriage if mother wishes to bring child to the USA the window closes at 21st birth day or 1 year after K-1 fiancee visa is issued whichever is first, after that and parent would have to file a petition for child which can take years to get. Only other option is IF marriage took place prior to child's 18th birth day, you could file a petition for step-child, but this must happen prior to age 21.

 

Time frame lately has been in the 8-10 month range, 6 for USCIS then 2-4 months after USCIS approval to getting a visa interview.

 

Other factors that extend time after interview would be a request for additional information or perhaps waiting for a Chinese Communist Party membership issue.

[dnoblett]

 

Thank you for the help. Are you suggesting the I-129F isn't critical. Just send it in as accurately as possible and start preparing for the next phase when the government replies to us?

Actually quite critical, you may want to study topics talking about front-loading detailing relationship prior to petition filing.

http://candleforlove.com/forums/index.php?/topic/35091-proving-a-bonifide-relationship/
http://www.ilw.com/articles/2006,0323-ellis.shtm (Study the Practice Tip #1) Talks about front loading, one red flag is a brief courtship.. (Two months from finding online to initial meeting in person is brief)

[dnoblett]

One more note, consider marriage on your next visit or the one after that since you have all these trips already planned, and then file for a spouse visa.

Spouse visa has no adjustment of status after marriage and the added expense and sometimes long wait for a green-card like a K-1, a spouse visa gets green-card the moment they enter the USA.

One factor is potential step child visa, if step child will be age 18 or older at time of marriage, then the K-1/K-2 is the only option.

I-130 CR-1/CR-2 Spouse/Step child case

• I-130 $420 each
• DS-230 $230 Each
• I-864 $88
• USCIS Immigrant fee $165 Starting 02/01/13
• Total $903 each.
• Grand Total $1806.

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

[tsap seui]

Thank you for the help. Are you suggesting the I-129F isn't critical. Just send it in as accurately as possible and start preparing for the next phase when the government replies to us?

 

 

Nooo, that initial application is very important. I was talking more about front loading the inital application with as much relationship evidence as possible. The I-129F is very important, but it doesn't give much of a picture of your overall relationsip. The initial application will be your best shot at showing an overall relationship....which at the interview is what the visas officers are going to be looking at....Other than the I-129F simply being filled out correctly they are going to try and determine how strong your bona fide relationship is.

 

Dan is a great guide through the maze. I also agree, wait at least until after the second trip to send in the application. Time is on your side here. The more time you are together the better. Of course, we all want to be living with our women yesterday. At least wait until after the second trip so you can document it wiht the first trip. All of your others trips are going to be a crap shoot as to if they will look at evidence of you taking them. There is no place after the initial application where they ask "Do you have anymore evidence to show us?".....the relationship evidence you put in on that initial application is going to be the strongest part of of your case.

 

tsap seui

[Zhou Zhou]

You are getting great advice, Art. I think all will agree that "front loading" and "documentation" are keys to remember. Save a/l tickets, entrance ticket stubs, anything with a date, take pictures with family/friends/together in different places, in different clothes. Your initial application will be measured not so much by pages rather in kilograms or pounds. I treated the process like a second job. And these CFL members have a wealth of knowledge and love to help others through the immigration hoops. Good luck.

[ART005]

Thank you again for all the input. I agree with waiting after the second visit. By front loading I-129F, do you mean including a lot of additional information when submitting the I-129F?

Just when I thought I new something from reading so much visa info, I thought the K-1 was the more reliable path. Plus the possibility it offers a back-up plan to then use the marriage route if the K-1 is denied. I will pass the child visa info on to my fiancee.

During my visits, my visa says I need to either check in with the police when I arrive or check into a hotel. After that first night, we stay at her place. Do you suggest the police station or is the hotel adequate? My US perspective is better to visit a pleasant hotel rather than the police but maybe some of you think differently.

[dnoblett]

On my visits to China, I stayed in hotels the entire time. But if you stay with family, you can simply visit the local PSB.

[ART005]

My fiancee lives alone in her place. So when we are together, there is no family with us. Do you think we should register with the police the first night per the rules of the visitor visa if I don't check into a hotel (the visa also allows checking into a hotel the first night instead of with the police.) If the police involvement is not important, we can check into a hotel, they make photos of my passport as part of the process. Next time we will put her name on the hotel check-in. What do people think of police register, or hotel check-in?

Edited December 19, 2012 by ART005 (see edit history)

[Zhou Zhou]

By front loading you give service center a picture of your relationship and it's seriousness. They are trying to guard against fiancees/brides coming over and then bailing. Checking in: There are threads about this and like me guys have done it several ways. I have checked in and they fill out a form and copy my passport/visa. And I have just forgotten to do it and then just not done it. And I've stayed in hotels and traveled to many places without difficulty....I've been all over the PRC on eleven trips and never been challenged by the police. I can't say the same for many countries in America.

[dnoblett]

Either route can be denied or approved, some take the K-1 route because of the option to simply marry and do the spouse visa, however be aware may need to deal with the denied K-1, it can com back and derail the spouse petition.

 

I point out the spouse visa route because it is less costly for fees, and much less annoying later because get green-card immediately not waiting for months, green-card allows work and travel, a K1 and K2 will be land locked in the USA until getting either advance parole or green-card.

 

Neither process is faster than the other, spouse visa has improved processing at USCIS/NVC/Consulate which has reduced time to perhaps a month longer than K-1 process. Also keep in mind the reason K-1 exists, it is primarily there for situations where marriage overseas is difficult to impossible due to age, cultural, or religious reasons that do not exist in the USA. Sometimes being married first shows a little more commitment than just a fiancee relationship.

 

Lastly look at this from immigration perspective, ask your self is she using you simply as a path to immigrate to the USA, or is she truly committed to you, some use this as a way to get their children into the states and into schools here, or they know people here and are using this to move here to be with their friends and family already here.

[ART005]

My question about Frontloading is, do you simiply mean including a lot of information with the I-129F or do you mean something else by Frontloading. I just want to make sure I understand what you mean by Frontloading.

I have no problems with the police when I check into a hotel, the police don't involve themself. My question is if people feel the hotel (for one night) is adequate validation of our time together or would police check-in be better going forward? I am only asking from the Visa application perspective and because my fiancee lives alone.

I was surprised to initially read that Fiancee visas were faster than Marriage visas. I guess the current status is not much difference in time.

This could be very important. If my Fiancee comes here on a K-1 visa and we get married during the 90 days (I see it typically needs to be extended when completing the interview and issuing the visa for a fresh 90 days), will she be restricted to not be able to go back to China for some time? If so, how long, what removes the restriction?

[dnoblett]

Front-loading is more about providing evidence of how met, relationship, exposing any possible red flags, etc, study that proving a bonifide relationship thread.

 

As for the after marriage thing for a K-1 K-2 visa, what happens is to get married within the 90 days after arrival and the file to adjust status (I-485) K-1 K-2 are single entry visas, and cannot leave the USA unless they have documents that would allow return to the USA, (AP doc from filing an I-131 with the I-485) OR Green-card. If they leave the USA while I-485 is processing and they do not have AP doc, the pending I-485 will be canceled.

 

I-485 can take anywhere for 4-5 months to a year to process through to a green-card. AP doc can take 3-4 months to get.