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General guidance needed please :)


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Hi All,

 

I'm so glad to have found this community and hope to share and support one another!

 

I'm flying over to Shanghai this Thursday for 2 weeks to spend time with my girlfriend and meeting her family. If all goes well, I will propose to her :) I need a little guidance on what's the best way and the general SOP (standard operating procedure) of getting her over here so we can start a life together. Quick background:

 

I am a naturalized Chinese-American citizen - I'm full bilingual in Mandarin and English. I met my girlfriend October of 2012 while backpacking through China. She (A Chinese citizen, no connection to USA) was a fellow traveler as well. The chemistry between us was off the charts and we knew there was something special between us. We spent some time together and I flew home after 2 months in China. Since then we have chatted through social media, talked on the phone etc. almost daily. Then she came to visit the US October of 2013.(California) with a friend and I met them there and vacationed with them for 2 week. Sparks flew even more and by the time her vacation ended we knew we would be life partners. Again, we have kept in touch almost daily since then.

 

So my question is, can someone give me a general overview of what my next steps should be? I should apply for a K-1 visa for her to come visit and get married within 90 days, correct? Any gotchas with the process? Through third hand information I heard I should take as much photos with her and her family to prove our relationship is not a fraud?

 

Thank you everyone - if you could impart any wisdom I'd very much appreciate it! :)

 

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I am surprised no one has answered yet.

Oh, whether you do K1 or CR/1 go over all the paper work (maybe even fill out ahead of time) so that you know what all documents you need to gather while in China.

 

You can do either K1 or CR/1, these days the speed is almost the same.

The K1 has 1 benefit, that if your rejected you can marry and try again. Given your situation, that doesn't seem likely that you'd be rejected, but its a point to consider.

 

The CR/1 you marry there in China, and then apply. There is no retry except to fight them until you get the visa in the event of a rejection.

 

I like the CR/1 for a number of reason:

1) When your wife comes to America she is authorized to work, leave America, do whatever she wants from day 1. K1 requires she stay in America until the greencard arrives during which time she is not authorized to work etc.

 

2) While waiting for the visa, you are married. You can buy things together, you can begin planning and implementing your life together, even if your not physically together yet.

 

3) You can marry in China so her family can come to the celebration. Your family can go to China easily (visa wise) for the wedding, but it is nearly impossible for her family to get a visa to attend the wedding in America.

 

I am sure theres people who can tell you advantages to K1 too, and in the end it comes down to what is best for your relationship.

The visa is just a hurdle to get over, ignore it and focus on whats best for your lives is my best advice.

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A little scenario here for a different perspective (not necessarily disagreeing with credzba):

 

You're in China, on your next trip. The two of you hit it off and decide, "Hey - we're going to get married". So you, a) get married on the spot (not always a good idea), go back home, and file an I-130 for a CR-1, or, b) Think about it for awhile, go back home, and decide what to do. At this point, you can file an I-129F for a K-1 visa, or schedule ANOTHER trip to get married in China and THEN file the I-130.

 

So the CR-1, in this perspective, requires an extra trip and all the expense (and time) associated with that. Remember, too, that you will have a third party smack in the middle of your relationship in the form of the U.S. government making you wait for her visa.

 

Basically, it seems to me that the K-1 is more appropriate for your situation today, although that can change if you spend some time developing your relationship before you decide to take whichever plunge.

 

Again - I don't disagree at all with what credzba said - just a different perspective here. You have a choice.

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Hey Congrads and welcome to CFL. I have shunned knowing to much about the visa process over the years, but below is what I think and advise. I suppose I only disagree with credzba about a CR-1 being as fast as a K-1. Maybe efiling later in the stage could make them equal overall, but below has to do with the USA side of processing times...

 

Personally I like marriage. Now you are a US Citizen, so...Because of delays with a US Citizen getting their I-130 processed by USCIS, you may want to go K-1. If you marry, be sure and file the I-130 for the CR-1, then file for a K-3 with an I-129F after you get your receipt number. It cost nothing extra but a little more of your time. USCIS will tie the I-130 and I-129F together. If like me the I-130 will go to the National Benefits Center, NBC, where it may sit, or you may get lucky. USCIS is trying to catch up with their backlog, but I would not chance this. When you file the I-129F it should also go to the NBC and be mated with the I-130, then they should send both to your local field service office for processing, in your case California? Below are the processing times for the CSC. Later the I-129F will probably be cancelled, as the I-130 goes forward, but if like mine both will be approved under the processing times of the I-129F, 5 months or less.

http://i62.tinypic.com/23ws5zl.jpg

 

https://egov.uscis.gov/cris/processingTimesDisplay.do

Edited by Doug (see edit history)
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Thanks to all who have replied. I decided to go through the K1 route :)

Speaking of K1, I need to file form I-129F and G-325A *together* is that right? Also, since I'm a naturalized US citizen, do I need to enter Alien # in my section of the forms?

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I dislike anyone advising whether to go K-1 or I-130. There are advantages and disadvantages to both. It is also a highly personal decision. I like Randy's approach in explaining the options, pros and cons to both. Since you have made your decision, the short answer is yes, you need to file both forms. Since you have an A# put it on the form. I'd recommend reading everything you can find on this forum for front loading your petition. I'd start with the Ellis' Island forum. There's some good info there.

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Thanks to all who have replied. I decided to go through the K1 route :)

Speaking of K1, I need to file form I-129F and G-325A *together* is that right? Also, since I'm a naturalized US citizen, do I need to enter Alien # in my section of the forms?

 

The G-325A is a supporting form which must be filed with the I-129F. The form asks for the A# - it's may not be necessary fora citizen, but it's probably best to give it.

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You will need one I-129F and TWO G-325A forms, one from you, and another from your fiancee.

 

Typical package contents

  • Cover letter itemizing petition contents.
  • I-129F
  • G-325A from petitioner and G-325A from beneficiary
  • G-1145 to get email notification from USCIS
  • Fiancee letters of intent (Basically stating that you intend to marry within 90 days of entry on the K-1)
  • Declaration of how you met in person in the last two years. This should be a single typed page attachment regarding question '34.a' of the I-129F. Make sure to sign and date it. (We call this an evolution of relationship)
  • Proof of your citizenship (Photo copy of your naturalization cert, or a photo copy of your passport bio page)
  • Passport photos (1 from petitioner and 1 from beneficiary)
  • Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.
  • Proof of having met in past two years.
  • Evidence of an ongoing relationship, Copies of emails, chat logs, phone logs, ip-phone logs, letters, etc.. (A couple samples from each month, not everything)

As others said your decision, K-1 tends to be quick, it has the option if denied, you can always travel to China marry and go for the CR-1 spouse visa. The down side of the K-1 are mainly the added fees paid to get the green-card and the inability to work or travel until getting permission from USCIS after filing to adjust status. Adjustment of status is $1080

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  • 4 weeks later...

Evolution of relation ship letter is required by the American citizen or both parties?

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EOR typically from petitionerr, it is not a requirement, however it is sometimes asked for at the interview, so we sugest one included in the pettion.

 

Probably a good idea to get one from benaficiary too either in English or with a translation attached.

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