Currently Living In China: Choosing between K-1 and DCF

[jwdoetsch]

Hey all! I'm sitting here with my fiancée trying to work out which immigration route we want to take: get married in China and then DCF an I130, or apply for a K-1 visa. We're currently cohabitating together in China, I've been working here for the past two and a half years.

 

I've got some specific questions I was hoping you guys could shed light on, I've been doing research for two weeks and there are still some things I can't get straight:

1. Is it necessary to live in America while applying for the K-1 visa? Please note, I have already secured my father as a co-sponsor. I've been filing taxes while working abroad here in China anyway. Have any of you successfully applied for a K-1 Visa while living abroad in China?
2. If we chose to go the DCF route instead of the K-1 visa route, then how suspicious is it if we were to get married in China without a ceremony and do the DCF like two weeks later? We've been together for the past two and a half years and have photo evidence to prove it (us together, us together with her family, etc..) but we're worried that the consulate would suspect fraud if we were to just apply right after we get married in China. (By the way, we aren't planning on having any sort of ceremony yet, just get the marriage license)
3. Regarding supporting evidence: would it be good to include my contracts as evidence of my presence in China? What about affidavits from my employers stating the nature and duration of my work in China? What about affidavits from coworkers on the nature of our cohabitation together? Or affidavits from security guards for our building?
4. What about domicile? I've read that it's going to be necessary to show domicile regardless of which option I choose, just because I'm filing abroad. I have my US bank account, US credit card, and student loans that I'm paying down... I also have a valid driver's license and am registered to vote in my county. Would this be enough?

Thanks a bunch, guys and gals!

[Randy W]

Hey! You're in good shape - WAY ahead of a lot of other people at the same stage.

 

1. Your I-129F would need to be filed in the U.S., regardless of where you live. You have a handle on the domicile requirements - that is to say, you know the requirements.

 

2. Getting married is not suspicious - it's a REQUIREMENT in order to file the I-130 (I'm saying this a little tounge-in-cheekily, of course). Step 1: Get Married. Step 2: File. In that order. You have a 2 1/2 year relationship history, so I doubt you'll have a problem with the evidence.

 

3. You need to prove residence in China in order to file DCF. Your passport, in conjunction with a residence (if it's a separate document) and/or work permit should be all you need. You will know immediately whether you qualify (they won't accept your application if you don't). I'm sure you won't have a problem here, either.

 

4. An address where you can hang your hat when you return to the states, along with an employment agreement or an active job search would help.

[jwdoetsch]

Thanks a ton, Randy! Man, that was fast...

 

Regarding domicile, as far as I understand it's outlined in the I-864 that the sponsor needs to show intent to reestablish domicile. Any idea how the co-sponsor figures into that? My co-sponsor has an established domicile and my domicile is actually going to be the same (it's where all my bills and stuff are registered with now anyways) when I return...

 

Any idea on the denial rate for DCF applicants compared with K-1 applicants? What about turn-around time? Are our changes of approval less if we wait a week between getting married and then filing the I-130 in Guangzhou instead of like waiting a month? What I mean to ask is does the length of time you've been legally married in China factor in to their decision? We aren't planning to have a wedding ceremony, would that really affect anything (I'd imagine it just means we won't have wedding banquet photos to serve as additional evidence...) ?

 

And finally, does anyone have any incite into the turnaround time for DCFs in Guangzhou these days? How long is DCF taking recently?

[dnoblett]

I have yet to see anyone post about a denial when their case was filed DCF. Only issue that causes a delay after interview is if the beneficiary is a member of the CCP, there is a post interview delay while the consulate gets a waiver for this, this is the case no matter which visa is being interviewed for.

 

Turn around time, DCF is 3-4 months petition filing to interview, K-1 is 9 - 12 months petition filing to interview.

 

One other member Sam just went through DCF, they married in August, and filed petition within days after marriage, and at this moment, he and hs wife are spending the holidays in Boston after getting the visa last month. http://candleforlove.com/forums/topic/47398-our-dcfd-cr-1-approved-in-guangzhou-nov-20/

 

Again 3 - 4 months for DCF process.

 

Another big benifit of DCF (CR-1 IR-1) Spouse visa over the K-1 fiancee is the immediate green-card upon arrival in the states, this allows work and travel after arriving, K-1 has to marry and then wait months for a green-card after applying to adjust status. Lastly CR-1/IR-1 visa process is less expensive from filing to getting a green-card than K-1.

[dnoblett]

As for domicile, I think you have that already handled with bills and your address being noted at joint sponsor's address.