I haven't married yet. What should I be doing right now?

[Brennan]

I am 44 years old, and my girlfriend is 32. She is one of the most wonderful people I've ever met. She's not a crazy green card hunter, she wasn't looking for a laowai at all. She divorced from an uncaring cheating husband 5 years ago and has an 8 year old daughter who lives in her hometown with her mother. Her mother lives with her older brother, so no problems there. Her father is deceased. Her hometown is a small city outside of Chongqing in Hubei province. This gives her a less-than-desirable hukou, unfortunately. She does not own any property and works as a manager in a massage spa (legitimate massage, not a rub-and-tug joint) for 6000 yuan per month. We both live in Zhejiang on the east coast of China.

 

I am at ease in China and wish to remain here, at least for the time being. I'm sure we'll live in the States for a few years, especially once the kid(s) is/are school age. I am new to the horrible maze of US visas. I'm a fricken expert on Chinese visas, but US visas are something I know nothing about. All I know is that you need a mountain of documentation to convince the consular officials to grant a visa. My question is: What should I be doing right now to ease this process that I will have to endure eventually? My apologies if this has been answered before, I didn't see it anywhere.

 

One of my friends told me getting a tourist visa so she can visit my family with me for Christmas is out of the question, as she'll want some kind of spousal visa, which is evidently a different track? I'm reading all the FAQs on this site but it will take a while.

[dnoblett]

Since you are living in China, the best approach is to marry there and eventually file two visa petitions directly to USCIS office in Beijing or Guangzhou, this will be the fastest route to a visa for your then spouse and step-child to immigrate to the USA with you. We call this process DCF

Getting married there will initially require getting an affidavit of singleness from your nearest US Consulate or Embassy in Beijing.

 

Here is a long and detailed thread from a guy who asked the same question and went through the whole process a couple years ago.
http://candleforlove.com/forums/topic/44430-living-in-china-and-confused/

If you marry now and live together a couple years, two things, the odds of a denial is slim to none, and the resulting green-cards if entering the USA after 2 years of marriage will be 10 year permanent cards, saving you from additional paperwork down the road with USCIS.

[Brennan]

Since you are living in China, the best approach is to marry there and eventually file two visa petitions directly to USCIS office in Beijing or Guangzhou, this will be the fastest route to a visa for your then spouse and step-child to immigrate to the USA with you. We call this process DCF

 

Here is a long and detailed thread from a guy who asked the same question and went through the whole process a couple years ago.

http://candleforlove.com/forums/topic/44430-living-in-china-and-confused/

 

If you marry now and live together a couple years, two things, the odds of a denial is slim to none, and the resulting green-cards if entering the USA after 2 years of marriage will be 10 year permanent cards, saving you from additional paperwork down the road with USCIS.

 

Well, I hope nobody thinks I'm a monster or anything, but I don't think her daughter will come with us. My GF already only goes home once or so per year to see her, and evidently leaving children with relatives to be raised while the parents work in the east is quite common out in the western provinces.

 

I have an American friend whose wife has been turned down twice even though they have been married for 5 years in China and have two children together. So, this is the scenario I'm in fear of.

 

We live in Zhejiang but her hometown is in Hubei, so would we use the Shanghai consulate or another one?

 

Thanks for the link! Reading it now but so many unfamiliar terms there. I-130, K-2, I don't think Chinese was this difficult to learn. Man, I'm really wading in to the deep end now. If she just owned some property and lived in a good city, I'm sure she could get the 10 year tourist visa no problem.

[dnoblett]

Note all acronyms have a line under them hover a mouse over them and you will learn their meanings.

Also if she does want to visit on a tourist visa it is best to get that visa before marriage to a US Citizen.

 

And yes, you can always file an I-130 later in the states for step child at any time, as long as you married prior to child's 18th birthday, and before age 20~21 avoiding having 21st birthday happen prior to arriving in the states.

[Brennan]

Yeah, but without property or a good hukou her chances of getting a tourist visa are essentially zero. Or so I've heard.

[warpedbored]

Tourist visas for Chinese citizens are much easier to get now than before. Concentrate on why she will return to China, emphasize that you are both living and working in China and you're not ready to move back to the states. Send a copy of whatever documentation you have for you working and living in China, what your job is, length of contract etc. The other option would be to marry and file DCF about 4-6 months. This can be difficult to maintain for a lengthy period but you could always abandon the green card and file again later. This would however be much more expensive than a tourist visa. I would try the tourist visa first.

[Randy W]

Take pictures regularly of the two of you together in different situations and at different times. You don't need a "montain" of pictures, but a variety over time will be VERY convincing.

[dnoblett]

One other resource is the extensive topic tag system on this site, look here for the tags.

 

http://candleforlove.com/forums/topic/46093-cfl-topic-tag-link-list/

[Oldfriend]

What should I be doing right now to ease this process that I will have to endure eventually?

 

Running away as fast as you can!

[tsap seui]

 

What should I be doing right now to ease this process that I will have to endure eventually?

 

Running away as fast as you can!

 

And there you have it from ....no other than a highly regarded figure of big footed, long bearded intelligence, Mr. Natural hisowndamnself.

 

Steve, how the hell ya doin' Amigo?

 

Rawknee

 

 

Brennan, take photos of you and you lady friend with the two of you with her family members, as well with friends. Write names and how connected on the back of the photos.

[Greg.D.]

As, everybody is saying: get some pics of BOTH of you together.

 

A weird thing to think about later is that if you did marry and stay there together for a while and then plan to move to the States, the act of quitting your job to move your family home disqualifies you from being able to support all of you. This is where co-sponsors come in. Or, you moving to the US without her and getting established so you can demonstrate financial ability and stability to sponsor her fiance or spouse visa.

 

Don't crucify the rules-makers. It has its own logic, something you will pick up pretty quickly.

 

Last, as Warped Bored (D'oh! I finally get the pun! ) said: it's easier to get the B1/B2 visa these days so work on that. Not as many visitors from China want to jump ship and stay here as before; they are more likely to just come and spend a lot of money. And, if she can come, she can know in advance if she like the U.S. and could see herself living here someday.

 

Greg

[Brennan]

What, like paper photos? I haven't had any of those since 2003...well I'll see what I can do. I'll have to be more diligent about going places with her and getting some bystander to take pictures.

 

You know, that's something that would help. What are the basic assumptions behind this whole deal? All I know from hanging around shanghaiexpat.com is that the consular officers are mostly concerned that the Chinese person will come back to China and not disappear into America somewhere.

Edited July 23, 2015 by Brennan (see edit history)

[Randy W]

Yes, when you apply for your spousal visa, the pictures you submit will need to be printed - maybe 2 to 6 to a page (you decide). For the visitor's visw, however, you may decide to not submit ANY.

 

Yes for the visitor's visa, you will want to submit evidence of sufficient ties to China to GUARANTEE (or at least offer a promise) that she will return.

 

Your story is your own, based in your own circumstances, for YOU and HER to tell. YOUR milage may vary.

[True Blue]

 

What should I be doing right now to ease this process that I will have to endure eventually?

 

Running away as fast as you can!

 

That cracked me up!

 

One other thought for the original poster - I have heard that sometimes tourist visas are easier to get if you sign up with a Chinese tour group