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Pros and cons, marry in China or USA?


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K-1 Marriage in the USA

  • Pros
    • If for some reason the consulate denies the visa, you can always deal with the NOIR and revisit China and marry then fie for a spouse visa.
    • Slightly quicker processing time petition to visa.
  • Cons
    • FEES, I-129F filing fee ($340), Visa fee, ($265) then adjustment of status I-485 fee. ($1070) (Total $1675)
    • No immediate green-card, you have to wait for AOS approval, or a work permit and/or advanced parole before being able to take a job or travel
    • Higher rate of denial

CR-1/IR-1 Spouse

  • Pros
    • Fees are lower I-130 ($420) Affidavit of support fee ($120) only if processed in the states, and Visa fee, ($325) and immigrant fee after visa interview ($165) (Total $1030 or for a person living in China who filed at the consulate $910)
    • Immediate green-card upon arrival in the states, allowing work and travel, and other things such as applying for a drivers learners permit in most states.
    • Low denial rate, (If living in China, I have yet to see a denial).
    • Very fast processing if living in China and filing the petition in China
  • Cons
    • If for some reason the consulate denies the visa it can then be a drawn out fight to overturn the decision.
    • Slightly longer processing if fled in the states, perhaps a month longer to process.
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I'll add to that that if you're in the U.S., you can file the K-1 NOW. The CR/IR-1 will require the expense and time of another trip to China to get married.

I am in the US now and I will go to China in a few days to see her for the first time. I will be with her for one month and at this point I would not be hesitant to marry her then. I think I shouldn't send the I-129F now because I need to send the evidence with it and it requires something written in her native language. I will take the required forms with me and after I have the evidence I could send it back here to the proper address to save time but I wonder if the travel date and the forms being sent so quickly will be a red flag. I don't see any other reason for red flags. I would only marry in China if it saved some time for her to come here.

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I'll add to that that if you're in the U.S., you can file the K-1 NOW. The CR/IR-1 will require the expense and time of another trip to China to get married.

I am in the US now and I will go to China in a few days to see her for the first time. I will be with her for one month and at this point I would not be hesitant to marry her then. I think I shouldn't send the I-129F now because I need to send the evidence with it and it requires something written in her native language. I will take the required forms with me and after I have the evidence I could send it back here to the proper address to save time but I wonder if the travel date and the forms being sent so quickly will be a red flag. I don't see any other reason for red flags. I would only marry in China if it saved some time for her to come here.

 

 

 

Generally, you would not DECIDE to marry her until after you've met for the first time. Once you HAVE met and decide that you MAY want to marry, it's generally a good idea to cool your heels a little bit and head back to the states before ACTUALLY taking the plunge. I was incorrectly assuming that you were at THAT point already.

 

Yes, K-1 requires that you have met in person at least once before filing, and getting married during your first trip to visit can be a red flag.

 

So the answer I gave doesn't even APPLY until AFTER you've returned from your first (or a subsequent) trip.

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I am familiar with the K1, but what are the advantages and disadvantages of marrying in China. Time to get a visa, money or fee differences etc. or anything else.

Why not marry one that is already here and skip ALL of that? There are many of them already here legally. I guess you are already hook and being reeled in by now though. :V:

Edited by amberjack1234 (see edit history)
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I am familiar with the K1, but what are the advantages and disadvantages of marrying in China. Time to get a visa, money or fee differences etc. or anything else.

Why not marry one that is already here and skip ALL of that? There are many of them already here legally. I guess you are already hook and being reeled in by now though. :V:

 

I don't get "hook and being reeled in" by anyone ever and you can keep your insults and judgments to yourself.

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Another K-1 pro: If the immigrant has a child between 18-21, K-1 allows the child to get K-2 and immigrate; marrying and CR-1 does not allow CR-2 for the child since the stepchild relationship was not established before 18.

Thanks, but no children.

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I frown on recommending one over the other. It's a highly personal decision only you and your sweet heart can make. As others have mentioned there are pros and cons to both. Her friends and family may want the marriage there, yours may want it here. She may feel more secure coming to the US with a legal commitment or she may prefer having the 90 day window to be sure of her surroundings. I would like to point out the 90 day window to get married is not intended to be a trial marriage period. You're supposed to be sure before filing the documents. Personally I don't think it's a good idea to get married on the first visit. It is a fantasy trip where your emotions will be in high gear. It also looks bad to the visa officer at the interview and my increase your chances of denial.

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I am familiar with the K1, but what are the advantages and disadvantages of marrying in China. Time to get a visa, money or fee differences etc. or anything else.

Why not marry one that is already here and skip ALL of that? There are many of them already here legally. I guess you are already hook and being reeled in by now though. :V:

 

I don't get "hook and being reeled in" by anyone ever and you can keep your insults and judgments to yourself.

 

I was not insulting you and apologize to you if you took it that way it was certainly not meant that way. But the fact is that there are a lot of single Chinese women already here and one can avoid all the heartache and possible denial by immigrations by getting together with one of them.

 

I don't believe I have ever had anyone reply to me that was so touchy in the 15 years of being here.

 

Anyway I do apologize that you took my post the wrong way but I failed to see where I insulted you. Maybe I'm a little slow.

Edited by amberjack1234 (see edit history)
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