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I will probably ask my Chinese girlfriend to marry me soon. She lives in Beijing, but got her MBA in the US and speaks excellent English. Neither of us want to live in China, and she can't legally come here to live until visa is approved, but we want to be together.

 

Is it possible for us to get married, immediately apply for CR1 visa and travel the world for a while so we can be together. Then have the interview somewhere else in Canada, Israel or Europe, without having to return back to China, and move to the USA in 6-12 months when the visa is approved?

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CR-1 interview happens in country of residence, US Consulate Guangzhou, China, only way it would happen elsewhere would be if she has residency in the other country, for example working and living in Canada, U.K., etc, just touring in another country does not constitute residency.

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Residency at time of application.

 

Residency varies by country and jurisdiction, and typically requires a residency visa or permit, for example a work visa, it is not a matter of residing there for a period of time.

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You need to check the requirements with the consulate that you'll be applying at. Actual residency granted by the country in question may not be necessary.

 

In China, for example, you only need LIVE in the country - a determination will be made by consular officials on an ad hoc basis.

 

Yes, it's possible, but it's up to you to wade through the applicable bureaucracy. The first consideration is to be able to receive mail at your "residence".

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Missed the point, sounds like they want to get married then file petition for visa and while it is processing tour, and chose where to interview upon approval of the petition. It does not work that way, not talking about petitioner's residency.

 

One question is: Where does the prospective petitioner live? Does he reside in the USA or is living in China? If he lives in China, the expedient thing to do would be file the petition in Beijing, the timeline from filing to visa interview tends to be 4 months or so.

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Missed the point, sounds like they want to get married then file petition for visa and while it is processing tour, and chose where to interview upon approval of the petition. It does not work that way, not talking about petitioner's residency.

 

One question is: Where does the prospective petitioner live? Does he reside in the USA or is living in China? If he lives in China, the expedient thing to do would be file the petition in Beijing, the timeline from filing to visa interview tends to be 4 months or so.

 

 

No - there is no point, except that they need to figure out what they're doing. Your residence, whether petitioner or applicant, is where you live. The petition needs to go to the applicant's residence. It doesn't sound like he wants to make it easy to do.

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Thank you both for your help. I live in the US.

 

We just want to be together, but not in China. Too much pollution. I worry the US-China relationship will be rocky for the next year. But there is no way to move to the US quickly. It would be nice to move somewhere else, while we wait. Just trying to understand the law.

Edited by loveatfirstsite42 (see edit history)
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Thank you both for your help. I live in the US.

 

We just want to be together, but not in China. Too much pollution. I worry the US-China relationship will be rocky for the next year. But there is no way to move to the US quickly. It would be nice to move somewhere else, while we wait. Just trying to understand the law.

 

 

There is no "law", applicable to what you want to do. If you can get your visa petition to follow you around to wherever you want to go, AND get your local consulate/embassy to agree to process it, there's nothing at all wrong with what you want to do.

 

Then again, you may just want to settle down somewhere long enough to give it a chance. Weeks to as long as 3 or 4 months worth of processing.

 

You always have the option of going back to China for the interview.

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Is there a list somewhere of the countries with average DCF times worldwide? Probably best to find somewhere with a shorter line.

 

Visa Journey has a comprehensive database select DCF filter.

 

http://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=All&dfile=Yes&op1=&op2=&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

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So you guys have been really helpful, just to clarify. The residence of the US Citizen is what's important not the residence of the foreigner correct? I could move to a foreign country today, establish residence, work remotely.

 

She could marry me 2-3 months later, move to the foreign country and apply as soon as she gets there? Or would we both need to be permanent residents of the same country?

 

I don't think that I could move to China and I want to be with her.

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So you guys have been really helpful, just to clarify. The residence of the US Citizen is what's important not the residence of the foreigner correct? I could move to a foreign country today, establish residence, work remotely.

 

She could marry me 2-3 months later, move to the foreign country and apply as soon as she gets there? Or would we both need to be permanent residents of the same country?

 

I don't think that I could move to China and I want to be with her.

 

 

No, not at all. The residence of the U.S. citizen is completely unimportant - but you should plan on establishing a U.S. domicile that you will PLAN on living at AND obtaining employment when the visa is granted.

 

She will need an ADDRESS that she will use to APPLY for the visa after your petition is approved. We have no clue as to why you wouldn't simply use her Chinese address for this purpose and interview at the Guangzhou consulate. To do otherwise would most likely cause GREAT headaches and even derail your petition.

 

You can ASK that your petition be transferred from one consulate/embassy to another as you move, but you may run into complications when you do so.

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So once we get married, I doubt we would maintain a $1,300 a month apartment in Beijing if we aren't living there. There won't be a Chinese address by the time the petition is approved unless we use her parent's address in the countryside I guess.

 

My point was more that the petitioner is me, because I"m the US citizen and if I can't claim that I'm living in China, then I can't file in China. I would need my residence to be where I file. But you're saying that even if I file somewhere else, she can still interview wherever she is.

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So once we get married, I doubt we would maintain a $1,300 a month apartment in Beijing if we aren't living there. There won't be a Chinese address by the time the petition is approved unless we use her parent's address in the countryside I guess.

 

My point was more that the petitioner is me, because I"m the US citizen and if I can't claim that I'm living in China, then I can't file in China. I would need my residence to be where I file. But you're saying that even if I file somewhere else, she can still interview wherever she is.

 

 

With a Chinese residence - that is, if you live in China NOW, you can file your petition at the Beijing embassy. Be prepared to SHOW them evidence of your residence, including lease, photos, passport stamps. etc. A residence permit would be nice, but is not necessary. See http://beijing.usembassy-china.org.cn/i-130-petition-for-alien-relative.html

 

Required Documents

 

Evidence of the petitioner’s residence in China. Please note that

  • We need a Residence Permit for Foreigner in the People’s Republic of China (居住许可) to prove your residence in China. Holder of a Chinese visa (签证) in any categories must apply for a Residence Permit for Foreigner to prove their residence in China before direct filing with USCIS Beijing Field Office.
  • U.S. citizens whose principal residence is not China and/or are abroad for a short-term visit as a tourist or on business must file their I-130 petition with the Chicago Lockbox. For example, temporary travelers under Chinese L visa will generally not qualify for direct filing with USCIS Beijing Field Office.

 

 

 

A case where someone filed DCF at the Beijing Embassy WITHOUT a residence permit - http://candleforlove.com/forums/topic/48592-a-guide-to-dcf-for-dummies/

 

If not, then you will need to file the petition stateside, at the U.S. lockbox.

 

But, yes, it sounds like you will want to list HER address as being at "her parent's address in the countryside", where she will receive and send any P3 and P4 documents from the consulate in Guangzhou. As the APPLICANT, she will file her application for the visa with the Guangzhou consulate. It will require several weeks to several months of processing, during which time you and her are free to travel anywhere you want.

 

Basically, this process doesn't make things easy for nomads, but your case is not difficult at all unless you choose to make it so.

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