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Thanks for the advise all, ok, the question now is whether to apply for the student visa isnt it? My girlfreind actually already has a job lined up in china, would that help her in some way? Strong ties.....ok. The cr1, means that we have to get married right now, and we are not ready to do that, we both dont feel that 5 months is a long enough time, if we start the k-1 process right now, 10 onths would not be so bad.

Does anyone know if the k-1 process can be expidited if we are in China the whole time?

Thanks for the advise all

Ross

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The VO might bring up the question in the interview that since you can get marry and apply for CR1 in China, while still want to apply for K1 visa cause very few people would practise K1 while both of them are in China, they go directly for CR1. If you feel marriage is too early to take place, then just wait and let the relationship to grow firm.

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Your situation does sound a lot like mine was when we started on this... It's too bad the US doesn't have a "couples visa" as you find in many european countries. It's basically get married or bust. We fooled ourselves into believing the student visa was a nice option, and spent a lot of time and energy applying to schools, taking tests, and prepping for the interviews. After all that, her first f1 visa interview lasted less than 1 minute. Her second interview was just a formality, even after securing a letter from my US Senator supporting our case. If I were you, I would go the k1 route. Although we complain about the k1 visa a lot on here, the long delays do allow couples to test their relationship, and build it up. If things work out, by the time you have your interview you will feel more ready to get married. If not, no harm no foul. As for the interview, going the k1 route will give you and your gf peace of mind. Just tell the truth-- living in china this whole time, you should have no problem proving a relationship. If they question why you didn't get CR1, just tell the truth. Part of the point of having a fiance visa program is to allow the couple to test the waters before getting married.

 

I'm not sure which service center you'd apply to, living out of the US-- but that also makes a big difference. If you can apply to the Vermont center, for example, that cuts about 4-5 months off the process. No doubt someone else on here will be able to tell you more about that...

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There most certainly IS a requirement for an AOS with a CR1 regardless of where you are, or if you have a Chinese resident's permit. Assets can only amount to 25% of the 125% poverty line requirement. If 25% of your "hard" assets does not meet the 125% requirement, you will need a cosponsor. That's what I had to do.

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Go for the student visa!

It is actually a lot harder to get than it first appears.

There are several converns for the immigrantion officer

1). able to pay and support self. Which means, cash in bank or sufficient amount of scholarship to cover tuition and living expenses.

2). disprove intent to immigrate. It is just her luck. You can say you got millions or other good jobs, but ....

When I left in 1989 the immigrantion officer for sure knew I wasn't going to return.

What does she has to lose for applying for a student visa. It sure gives her a sense of pride and time to adjust and make a decision if she wants to stay or not. If denied, she can apply for K-1 or whatever. On top of everything, she has a choice. If she gets here on a K-1, she has to get married in 90 days or leave. With student visa, both you and she will have a chance to see if the relationship will work out. Asians here on K visa and F visas do have a lot of different views on life in this country.

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