About to embark on the long journey of k1

[jkim3910]

Hi everyone,

 

About to embark on the long journey of k1 and I was hoping you experts will be able to look over our package and see if we will run into any problems. Thanks and I appreciate any help you guys can give us.

 

A little background information on my fiancé and I. I’m a 27 year old Chinese American, aspiring dentist still in dental school. I was born in Shanghai and moved here when I was 2. She’s a 29 year old Shanghainese girl and we met through some friends while I was there vacationing January 2012. Her English isn’t that great but gets by as any college educated girl could. We usually communicate in mandarin and shanghainese. I don’t want to bore you guys with the sappy details so here are the cliff notes.

 

Met in January 2012 in Shanghai through friends. I stayed there until April, and she came back to the US with me and left in July of 2012 on a b1/b2 visa so we spend 7 months together.

 

Then I went back to Shanghai in September 2012 and stayed till November 2012. She then came and visit me in Chicago in March 2013 till June 2013, and we went back to Shanghai together, and I left about 2 weeks ago.

 

We cant bare to spend any more time apart so we decided to hurry up and file for k1, instead of the risky b1/b2 AOS route.

 

Included in our package are the following items:

1. 1 i-129f

2. 1 entire copy of my passport

3. 2 statements intent to marry within 90 days

4. 1 statement of how you met including dates, copies of airline tickets and or boarding pass.

5. Two signed G-325A

6. 2 passport pictures

7. 1 check for $340

8. Evidence of ongoing relationship.

a. Facetime records

b. 5 pictures of me and her friends, and pictures of us going on vacation together to Miami, NYC, Tokyo, and Hong Kong

c. Copies of letters and emails

d. Copies of visa to china, and passport stamps from my passport

e. Engagement ring and wedding band receipts.

 

As far as I know, it seems like we have everything necessary for a successful K1, granted her interview goes well. The only problem I foresee is financial problems. Since I’m still in school, I don’t have any income. However, nor do I have any student loans and my parents are willing to sign an affidavit of support.

 

So how does everything look? I thank everyone for their support and the wonderful information this forum has provided us in our long journey.

 

Thanks!!!

[tsap seui]

Looks good to me. IT's great that she has been to visit you in the states, include everything from her trip that you can...copies of passport stamps and flight itinerary, etc. Being anal retentive in the evidence department I'd suggest an evolution of relationship letter from you about you guy's relationship, and also a letter or two, written in English, from your family (your parents could write a short letter telling how excited they are with your relationship and willingness to be the co-sponsor), and friends, both in China and in the states that speaks of you and your girlfriend explaining the happiness others see in you both, etc. It's not asked for but you only get this one chance to send in the initial application and they usually will not take any further info from you later in the game. Every little bit helps in this game you're jumping into.

 

Good luck

 

tsap seui

[dnoblett]

Looks to be in order, only question is why no marriage last visit to the states and filing for a spouse visa? This would have saved you about $1000 in fees, and resulted in a green card upon arrival on the spouse visa.

[credzba]

I agree with Tsap.

 

If it was me I'd put in an evolution of relationship, and mention that you speak Shanghai-ese and Mandarin with her.

Given your ages, and that you both can speak mandarin, shanghai-ese, and english (to some degree) I think you have an easy path.

 

The issue you need to cover is financial support.

Unless you'll be out of dental school by visa time, you need to show how you will support her while you finish school, where you'll live etc.

These are issues I am sure you've already thought of, it is just making sure you convey all that to the visa folks.

 

She is 2 years older than you, which is a little unusual.

I don't expect you'll have any issues from it, but you might think of it.

I know Shanghai women are awesome... but (whispers) aren't they BOSSY ?!?

Just teasing of course, I wish you the best life together forever.

(note my wife is a Suzhou woman, but she speaks Shanghai-ese and I think some Shanghai personality carried over to her )

 

[jkim3910]

Looks to be in order, only question is why no marriage last visit to the states and filing for a spouse visa? This would have saved you about $1000 in fees, and resulted in a green card upon arrival on the spouse visa.

 

I thought about it but after reading about an AOS on a b1/b2, it scared us a little bit seeing all the facts pointed to immigration intent. We just thought it'll be safer to tell the immigration officers the truth during the interviews and not have to lie. The plan was to propose last time she was here and then go ask her parents for permission and then embark on the safer, albeit longer K1 route.

 

[jkim3910]

I agree with Tsap.

 

If it was me I'd put in an evolution of relationship, and mention that you speak Shanghai-ese and Mandarin with her.

Given your ages, and that you both can speak mandarin, shanghai-ese, and english (to some degree) I think you have an easy path.

 

The issue you need to cover is financial support.

Unless you'll be out of dental school by visa time, you need to show how you will support her while you finish school, where you'll live etc.

These are issues I am sure you've already thought of, it is just making sure you convey all that to the visa folks.

 

She is 2 years older than you, which is a little unusual.

I don't expect you'll have any issues from it, but you might think of it.

I know Shanghai women are awesome... but (whispers) aren't they BOSSY ?!?

Just teasing of course, I wish you the best life together forever.

(note my wife is a Suzhou woman, but she speaks Shanghai-ese and I think some Shanghai personality carried over to her )

 

 

Ha... of course shanghai women are bossy, but I like that about her and our personalities fit. I'm lazy and usually can't do anything unless forced to. She really supported me and more of less cracked a whip, and I started my applications for dental school and I recent was accepted after being out of school for 4 years.

 

I understand that our ages are a bit unusual but it works for us and I guess thats all that matters.

 

 

 

[jkim3910]

Thanks everyone for the wonderful advice. Sounds like we have everything in order expect for a little timeline of our relationship. We do have a lot of life events and it's probably hard to follow without a flow chart.

 

Regarding housing and finance, my parents are willing to support us while I'm in school and she is waiting for her green card. I also have some money saved up (not much but enough for renting a place). She also has a bit more than me saved up from when she worked as a cabin attendant and other jobs. Again not enough for 4-5 years but enough to get by for the time being. Nevertheless, I'm sure thats not enough for the visa officers. My parents have more than in to show the agents on the affidavit. Will that raise a red flag though?

 

[Mick]

Welcome to Candle and to the K1 process. I think you will find this community to be a great source of information and positive emotional support. Like Dan, I also wondered about the decision not to pursue a spousal visa. Also, I don't think the K1 is any safer, if by that you mean it is less likely to be rejected. Also, with K1 you will have to do AOS, whereas with the spousal visa she would get the green card upon arrival in the States. Whatever the case, hope all goes well with your case and that it is handled in a positive and timely manner.

[dnoblett]

 

Looks to be in order, only question is why no marriage last visit to the states and filing for a spouse visa? This would have saved you about $1000 in fees, and resulted in a green card upon arrival on the spouse visa.

 

I thought about it but after reading about an AOS on a b1/b2, it scared us a little bit seeing all the facts pointed to immigration intent. We just thought it'll be safer to tell the immigration officers the truth during the interviews and not have to lie. The plan was to propose last time she was here and then go ask her parents for permission and then embark on the safer, albeit longer K1 route.

 

I did not say AOS, I said marry and file an I-130 for a spouse visa, a B-2 can marry, it is just not advisable to to marry and quickly adjust status shortly arrival on a B-2, there is a question of intent when using a B-2 to immigrate via AOS, however there is no restriction on marriage and then filing for a spouse visa, not outstaying the B-2, returning to China and later interviewing for the CR-1 spouse visa.

[warpedbored]

I think what Dan meant is why didn't you marry while she was here then return to China. Not marry stay here and file AOS. The only advantage to K-1 over the I-130 is if you're denied you have the option of getting married and starting over rather than fighting it out with the USCIS. If you had married while she was here and she stayed and filed AOS then there would have been some risk. The big issue here is intent. If for instance she came here on the B-1/B-2 visa with intention of returning to China and while here the two of you just couldn't bear to be apart, you married and filed AOS without her returning to China that is perfectly legal. The risk is if the interviewing officer at your AOS interview believed she came here on the B-1/B-2 with the intent to marry. That would be visa fraud and could have drastic consequences. Chances are she would have passed but I think you're wise to take the safe route.

[jkim3910]

Oh I see, sorry I misunderstood. The fact of the matter is that we're pretty new to all of this immigration stuff and we didn't do our homework right. We didn't want to get married without me asking her father for permission first. Either way, hopefully we will get to our destination regardless of the road we take. And while she was here, we thought it was a little soon for the both of us to get married after being engaged for a week... Regardless, I'll make sure to 2x check, triple check everything before we send this out. Thanks again guys!

 

 

[Randy W]

Oh I see, sorry I misunderstood. The fact of the matter is that we're pretty new to all of this immigration stuff and we didn't do our homework right. We didn't want to get married without me asking her father for permission first. Either way, hopefully we will get to our destination regardless of the road we take. And while she was here, we thought it was a little soon for the both of us to get married after being engaged for a week... Regardless, I'll make sure to 2x check, triple check everything before we send this out. Thanks again guys!

 

 

It's ALWAYS best to consider what's appropriate for your own situation without placing too much emphasis on what the immigration gods expect or assume. Best to face them with a clean conscience and a straight face.

 

You won't regret it.

[warpedbored]

Randy has the right of it. The decision as to which visa to pursue is a highly personal one. We should try to concentrate on answering questions rather than telling people which kind of visa to pursue.

 

[dnoblett]

Exactly, go with what you chose, keep asking and researching.

[david_dawei]

Everything looks rather straightforward and her going to the US and returning to China each time shows her intent has not been misplaced.

 

I might only steer clear of your meeting each other as sounding like it was friends 'match-making' for you. I have seen a few cases where a Chinese-turned-USC then meets a chinese lady through family or friends, and they have a tougher time with the visa.

I think with your long time in the US that it should not be an issue but just means to keep the main focus of any letters on the two of you and the bond you share.