Beginning visa application for a couple with busy lifestyles.

[ART005]

Do you mean including the Front-loading info when the I-129F is submitted. If not with that, then when? That is my question. I thought all of this (Front-Loading) info would be submitted to Guangzhou when the US consulate gets involved and she applies for the K-1 visa. I suppose the simple answer is both times when in doubt if that doesn't mess up the I-129F.

Okay, the I-485 info and not leaving the US until that or green card is processed is a really big deal for us. That is the sort of thing I meant by we could probably find our way through a path to immigration but making sure we don't mess up anything that normal visa pursuants don't worry about is my concern.

Thank you very much for this little tip. I think the K-1 path will not work for us. That means we start over with I-130 after marriage.

For anyone else reading this thread, here is nice general visa info: http://www.nolo.com/...new-spouse.html

[dnoblett]

Front loading is filed with the I-129F petition not after, the consulate rarely asks for any evidence they also will not accept any thing offered other than what they request for interview.

 

And yes is best to be solidly versed in the options and process before starting.

[ART005]

Fantastic help!! Everyone's situation is a little different and trying to correlate that with the rules of all the documents is tough. I'm leaving for China in 2 days, there was a little pressure to submit the I-129F before I left but I didn't think we were ready. That could have been a disaster.

Okay one more question now with our new focus. After we are married, what options will I (US citizen) have to get a visa more flexible than an L-Visa: 1 year -multiple entry - 90 day limit? The only other Visa I see is a D-Visa. It looks like it is more intended for employees but since it is decided on a case by case basis, maybe it applies to non-Chinese spouses.

[dnoblett]

Once married you can actually live over in China on a longer visa type and renew stay at the PSB fairly indefinitely, several members are familiar with that.

 

One big plus is if you plan on doing time in China you can live there as a couple and after perhaps 4-6 months file an I-130 in Beijing or Guangzhou and the process is much shorter, typically 4 months filing to interview.

 

Living together is the best and I have yet to see a denied visa when filing was in China.

 

We have a forum about living in China http://candleforlove...rum/42-ex-pats/

[Randy W]

The police check-in is completely irrelevant to the visa process. It is required under Chinese law, but, like someone pointed out, it's mostly irrelevant there, also. That is, you are unlikely to come under any scrutiny because of not checking in.

 

For a longer term visa, simply get whatever visa (L-visa) is available at your consulate, up to a 2 year, 90-day visit, multiple entries by showing your Chinese spouse's ID and marriage certificate. Once you are in China, you can get the visa extended at the PSB for up to a full year, with no border-hop required for renewal. The only visa types that most of us will get are the L-visa, or a temporary (one year) residence permit, with a longer term (10 year) residence permit available after you have lived in China for 5 years.

[Randy W]

 

Do you mean including the Front-loading info when the I-129F is submitted. If not with that, then when? That is my question. I thought all of this (Front-Loading) info would be submitted to Guangzhou when the US consulate gets involved and she applies for the K-1 visa. I suppose the simple answer is both times when in doubt if that doesn't mess up the I-129F.

Okay, the I-485 info and not leaving the US until that or green card is processed is a really big deal for us. That is the sort of thing I meant by we could probably find our way through a path to immigration but making sure we don't mess up anything that normal visa pursuants don't worry about is my concern.

Thank you very much for this little tip. I think the K-1 path will not work for us. That means we start over with I-130 after marriage.

For anyone else reading this thread, here is nice general visa info: http://www.nolo.com/...new-spouse.html

This is not correct - a travel document can be applied for free of charge which will allow re-entry. Some have even gotten one on short notice through an InfoPass appointment.

Whether to go K-1 or I-130 is a personal choice that should be based on your own circumstances.

[ART005]

Randy, thank you for the reentry info. My fiancee's desire to be back in China early winter 2013/2014 is a challenge. On the other hand, we would love for her to be in the US as soon as possible. I'll be back from another 2 week visit to china in about 3 weeks. Then we will recruit a little legal help and begin our push through the visa process.

The 1 or 2 year length of my visa is not my main issue, it is the 90 day limit. And while a short border hop can address the chinese issue, sometimes I need to get back to the US for personal reasons so sometimes a little more than 3 months before going back to the US would be best, but border hoping is really not convenient. There are two places I need to be US and China. Barely enough time for those two, let alone time spent elswhere.

Two very important things I learned today, please anyone tell me if I am wrong:

• All supporting documents like tax forms, travel records, photos, communication records should be included in the I-129F if we pursue a K-1 visa.
• A K-1 visa does not allow reentry to the USA, a greencard for reentry could take 4-12 months. But Randy suggests there are temporary reentry visas. I will have to learn any limitations and of course any suggestions are welcome.

[dnoblett]

1 tax forms and affidavit of support is called for later and not included in the petition filing.

 

2 yes k1 is a one time visa no re entries will need either green card or an AP doc from filing an I-131 with the I-485. A spouse visa gets green card upon entry and can travel at any time.

[Randy W]

Randy, thank you for the reentry info. My fiancee's desire to be back in China early winter 2013/2014 is a challenge. On the other hand, we would love for her to be in the US as soon as possible. I'll be back from another 2 week visit to china in about 3 weeks. Then we will recruit a little legal help and begin our push through the visa process.

 

The 1 or 2 year length of my visa is not my main issue, it is the 90 day limit. And while a short border hop can address the chinese issue, sometimes I need to get back to the US for personal reasons so sometimes a little more than 3 months before going back to the US would be best, but border hoping is really not convenient. There are two places I need to be US and China. Barely enough time for those two, let alone time spent elswhere.

 

Two very important things I learned today, please anyone tell me if I am wrong:

1. All supporting documents like tax forms, travel records, photos, communication records should be included in the I-129 if we pursue a K-1 visa.
   
2. A K-1 visa does not allow reentry to the USA, a greencard for reentry could take 4-12 months. But Randy suggests there are temporary reentry visas. I will have to learn any limitations and of course any suggestions are welcome.
   

 

 

The length of stay limitation is placed on your original visa from the consulate. You can have the stay extended, or even get a new visa with no length of stay limitation by going to the PSB once you are in China.

 

I've been here since Jan., 2011 without having to leave the country. Border hops are not required.

[warpedbored]

Read everything in the Ellis' Island forum. There is some good information there on front loading as well as what issues you may face if a K-1 is denied. As far as which visa to pursue the decision is a highly personal one. Choose the one that's best for you. As Dan stated getting married first and filing an I-130 is the least expensive but if it's denied it can be a long and painful battle since there are no do overs. A K-1 if denied, you can marry and file again for an I-130. Again read about the issues it may have in the Ellis's Island forum. Also a K-1 gives you 90 days here in the states to get married. A K-3 is pretty much obsolete. At one time an I-130 took much longer than K-1 but now it's not usually more than a month longer. The K-3 was designed to allow the spouse to come here while the I-130 runs it's course and took about the same time as a K-1. I agree with the advice to wait to file until you've made your next trip. It will look better on your petition. The idea of front loading is the more red flags addressed up front the less they have to deny you with when she has her interview. Evolution of relationship, where ex spouses are and how they are connected. Criminal records if any, prior visa overstays, anything and everything you can think of why you could be denied.
Good luck and welcome to CFL.

[Ryan H]

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
  
• Total $738 each.
  
• Grand Total $1476.
  

 

Tack on $165 each starting early next year. This comes into play after the visa has been issued but before the flight to the States. It's a fee USCIS is levying for processing the file that is handed over at the POE which results in the green card being sent out.

[Randy W]

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
  
• Total $738 each.
  
• Grand Total $1476.
  

 

Tack on $165 each starting early next year. This comes into play after the visa has been issued but before the flight to the States. It's a fee USCIS is levying for processing the file that is handed over at the POE which results in the green card being sent out.

 

Oh, by the way - send us just a little more money please!

 

Implementation of New USCIS Immigrant Fee Feb. 1

 

 

In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

 

. . .

 

What the Fee Covers

 

The immigrant fee will cover the cost of USCIS staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card.

 

Who Needs to Pay the Fee

 

Any individual who on or after February 1, 2013 receives an immigrant visa package from a United States consulate or embassy abroad (including Canada and Mexico) will pay the USCIS Immigrant Fee.

 

Failure to Pay

 

The applicant will not receive a green card until the required USCIS Immigrant fee is paid.

 

Failure to pay does not affect the lawful status of the applicant. The applicant will have their passport stamped showing their lawful admission and permanent resident status. This stamp is valid for one year but it is strongly advised that new permanent residents pay the immigrant fee as soon as possible to avoid delays in receiving their Permanent Resident Card.

 

 

What a croc!

Edited December 23, 2012 by Randy W (see edit history)

[dnoblett]

About a year ago DoS lowered their fees by about $100, I guess USCIS decided to collect that.

[garfield529]

Just my thought, but have you discussed with your fiancee the differences between where you live and her current living arrangement? I am not sure where in MT, WY, UT that you reside, but there are some isolated places as possibilities. If she is from a large city, she might have a big culture shock, or perhaps it will be a welcome relief. Either way, I would discuss this because a lot of Chinese still think everywhere is like NYC or LA. I live in St. Louis and sometimes assist with incoming international students and they are shocked at how SMALL a city of 1million is compared to home, unless they are from a small city. Good luck!

[ART005]

Just my thought, but have you discussed with your fiancee the differences between where you live and her current living arrangement? I am not sure where in MT, WY, UT that you reside, but there are some isolated places as possibilities. If she is from a large city, she might have a big culture shock, or perhaps it will be a welcome relief. Either way, I would discuss this because a lot of Chinese still think everywhere is like NYC or LA. I live in St. Louis and sometimes assist with incoming international students and they are shocked at how SMALL a city of 1million is compared to home, unless they are from a small city. Good luck!

Less than 1 million in each of the states of MT and WY :-) (though 2,000 more for MT and she'll be over the hill....) Lots of photos and videos shared. That part is very much appreciated. Sometimes when she is brainstorming about USA business ideas I have to remind her there are not enough customers around to really expect much of a local based business. It's not lonely and we have some travel business ideas going along with two internet potentials. And managing tenants can feel crowded in a hurry..... Plus that is why a few months each year to touch base in China is important. And you know, beauty is where you find it. In her town of 5 million we went on an ~8 mile walk through the hills and trees along the ocean and saw about two dozen people in over 3 hours.