Does K1 or CR-1 seem more fitting, and which would be easier to get?

[KT9985]

Hello! I am planning to get married to a woman from China soon, and either do so here in China or possibly go back to the US and get married there. I have gone through a divorce from a woman whom I married and filed for the CR-1 visa previously about a decade ago. The divorce was over 4 years ago. I have been living here in China for quite a while since my divorce (which was slightly after my ex-wife received her citizenship) and am hoping to not get stuck in China for too much longer (due to health issues and whatnot). My wife-to-be's parents have already dragged things out as much as possible to try and keep us from going to the US, and are trying to get her to postpone our wedding for about 16-18 months for planning of the ceremony (obviously not necessary). My fiancee is not "allowed" by her parents to live with me even after we sign our papers, and only can after the wedding ceremony (which I obviously am not going to wait the 16+ months for).

 

Regarding the K1, it seems like it may be a good option since this way we can go to the States sooner, however, the CR-1 would allow us to get married in China and not need to fly back here and have a ceremony in China after the US ceremony which would be convenient.

 

1. Can I (probably with my wife-to-be) travel back to the US for an extended period of time AFTER filing for the CR-1, or will this look bad?

2. Having been through this process before, would either of the choices be better in terms of a higher probability of a positive interview experience? I wasn't sure how much previously having divorced would affect things.

 

A few people have told me they heard the K1 is easier to get, so I figure if that's the case I may go that route.

[dnoblett]

Actually the fastest option in your case would be to get married there and then file the petition directly to the USCIS field office either in Beijing at the US Embassy or in Guilin at the US Consulate there, this process "DCF" tends to be a 4 month deal start to finish. CR-1 results in a green-card visa which allows the immigrant to take a job shortly after arrival in the states. Look at topics tagged DCF and the DCF forum
http://candleforlove.com/forums/forum/46-direct-consulate-filing/ It is very rare for a DCF case to be denied at the visa interview. A couple years ago one member managed to get this one done in just over 2 months.

 

If you do a K-1 this involves mailing a petition to the USCIS PO Box in the states which then can take upwards of 6 months to get approved, and then several more months to process through to a visa interview, also a few more down sides to the K-1 are added fees for adjustment of status later in the states and the inability for the immigrant to work until getting work authorization after marriage and filing the adjustment of status paperwork, (Months after arrival) Only upside is if it is denied a visa, can always go over there and marry then file for a CR-1

 

Or marry there and file paperwork in the states which is just about as long as a K-1 process, around 9 to 12 months.

[Randy W]

Hello! I am planning to get married to a woman from China soon, and either do so here in China or possibly go back to the US and get married there. I have gone through a divorce from a woman whom I married and filed for the CR-1 visa previously about a decade ago. The divorce was over 4 years ago. I have been living here in China for quite a while since my divorce (which was slightly after my ex-wife received her citizenship) and am hoping to not get stuck in China for too much longer (due to health issues and whatnot). My wife-to-be's parents have already dragged things out as much as possible to try and keep us from going to the US, and are trying to get her to postpone our wedding for about 16-18 months for planning of the ceremony (obviously not necessary). My fiancee is not "allowed" by her parents to live with me even after we sign our papers, and only can after the wedding ceremony (which I obviously am not going to wait the 16+ months for).

 

Regarding the K1, it seems like it may be a good option since this way we can go to the States sooner, however, the CR-1 would allow us to get married in China and not need to fly back here and have a ceremony in China after the US ceremony which would be convenient.

 

1. Can I (probably with my wife-to-be) travel back to the US for an extended period of time AFTER filing for the CR-1, or will this look bad?

2. Having been through this process before, would either of the choices be better in terms of a higher probability of a positive interview experience? I wasn't sure how much previously having divorced would affect things.

 

A few people have told me they heard the K1 is easier to get, so I figure if that's the case I may go that route.

 

 

 

Seems like her parents are being VERY heavy-handed about her relationship.

 

I'm afraid to ask how old you are and how old she is.

[KT9985]

Actually the fastest option in your case would be to get married there and then file the petition directly to the USCIS field office either in Beijing at the US Embassy or in Guilin at the US Consulate there, this process "DCF" tends to be a 4 month deal start to finish. CR-1 results in a green-card visa which allows the immigrant to take a job shortly after arrival in the states. Look at topics tagged DCF and the DCF forum

http://candleforlove.com/forums/forum/46-direct-consulate-filing/ It is very rare for a DCF case to be denied at the visa interview. A couple years ago one member managed to get this one done in just over 2 months.

 

If you do a K-1 this involves mailing a petition to the USCIS PO Box in the states which then can take upwards of 6 months to get approved, and then several more months to process through to a visa interview, also a few more down sides to the K-1 are added fees for adjustment of status later in the states and the inability for the immigrant to work until getting work authorization after marriage and filing the adjustment of status paperwork, (Months after arrival) Only upside is if it is denied a visa, can always go over there and marry then file for a CR-1

 

Or marry there and file paperwork in the states which is just about as long as a K-1 process, around 9 to 12 months.

 

Thanks for the help, DCF definitely sounds like the best option here. Another question in that case. If we were to get married (sign the papers) and have a small ceremony prior to interview, then a larger wedding later, would this be an issue at all during the interview if there wasn't a big wedding?

[KT9985]

 

Hello! I am planning to get married to a woman from China soon, and either do so here in China or possibly go back to the US and get married there. I have gone through a divorce from a woman whom I married and filed for the CR-1 visa previously about a decade ago. The divorce was over 4 years ago. I have been living here in China for quite a while since my divorce (which was slightly after my ex-wife received her citizenship) and am hoping to not get stuck in China for too much longer (due to health issues and whatnot). My wife-to-be's parents have already dragged things out as much as possible to try and keep us from going to the US, and are trying to get her to postpone our wedding for about 16-18 months for planning of the ceremony (obviously not necessary). My fiancee is not "allowed" by her parents to live with me even after we sign our papers, and only can after the wedding ceremony (which I obviously am not going to wait the 16+ months for).

 

Regarding the K1, it seems like it may be a good option since this way we can go to the States sooner, however, the CR-1 would allow us to get married in China and not need to fly back here and have a ceremony in China after the US ceremony which would be convenient.

 

1. Can I (probably with my wife-to-be) travel back to the US for an extended period of time AFTER filing for the CR-1, or will this look bad?

2. Having been through this process before, would either of the choices be better in terms of a higher probability of a positive interview experience? I wasn't sure how much previously having divorced would affect things.

 

A few people have told me they heard the K1 is easier to get, so I figure if that's the case I may go that route.

 

 

 

Seems like her parents are being VERY heavy-handed about her relationship.

 

I'm afraid to ask how old you are and how old she is.

 

 

I'm 31, she's 23. It's a bit of an issue, hence one of my reasons for wanting to bring her to the US sooner rather than later.

[Greg.D.]

Do CR1. We did (and are still doing!) K1, and its semi-broken down right now, thanks to poor performance on the part of USCIS here in the states. At the time, K1 was best for us, except maybe in hindsight. Long story.

 

No, your age is not an issue nor would the size of your wedding be.

 

Do, however, give the family what they want: a big wedding in China. Definitely insist they speed up the planning ... maybe it's a money issue, although a good hotel (wedding venue) can be booked up pretty far into the future.

 

The not letting you two live together until after the ceremonial wedding: huh? Is your fiancé a Roman Catholic from a rural Italian village?

[Randy W]

 

Seems like her parents are being VERY heavy-handed about her relationship.

 

I'm afraid to ask how old you are and how old she is.

I'm 31, she's 23. It's a bit of an issue, hence one of my reasons for wanting to bring her to the US sooner rather than later.

 

Okay - I had anticipated a MUCH larger spread there. Never mind!

 

I'll mention, though, in case it's it's not clear, that any ceremony in China is OPTIONAL, and can occur BEFORE the actual marriage, if you decide to marry in the states. But then you're still up against her parent's timetable, which seems to be a major factor here.

Edited March 31, 2017 by Randy W (see edit history)

[dnoblett]

Thanks for the help, DCF definitely sounds like the best option here. Another question in that case. If we were to get married (sign the papers) and have a small ceremony prior to interview, then a larger wedding later, would this be an issue at all during the interview if there wasn't a big wedding?

Many have a simple wedding reception with China family and friends, but not much more than that.

 

Study much on this site and ask questions.

 

This is the member that seemed to set a record doing DCF I will do some digging for his posts.

 

http://candleforlove.com/forums/user/71232-samcmac/

[Thomas Promise]

 

Hello! I am planning to get married to a woman from China soon, and either do so here in China or possibly go back to the US and get married there. I have gone through a divorce from a woman whom I married and filed for the CR-1 visa previously about a decade ago. The divorce was over 4 years ago. I have been living here in China for quite a while since my divorce (which was slightly after my ex-wife received her citizenship) and am hoping to not get stuck in China for too much longer (due to health issues and whatnot). My wife-to-be's parents have already dragged things out as much as possible to try and keep us from going to the US, and are trying to get her to postpone our wedding for about 16-18 months for planning of the ceremony (obviously not necessary). My fiancee is not "allowed" by her parents to live with me even after we sign our papers, and only can after the wedding ceremony (which I obviously am not going to wait the 16+ months for).

 

Regarding the K1, it seems like it may be a good option since this way we can go to the States sooner, however, the CR-1 would allow us to get married in China and not need to fly back here and have a ceremony in China after the US ceremony which would be convenient.

 

1. Can I (probably with my wife-to-be) travel back to the US for an extended period of time AFTER filing for the CR-1, or will this look bad?

2. Having been through this process before, would either of the choices be better in terms of a higher probability of a positive interview experience? I wasn't sure how much previously having divorced would affect things.

 

A few people have told me they heard the K1 is easier to get, so I figure if that's the case I may go that route.

 

 

 

Seems like her parents are being VERY heavy-handed about her relationship.

 

I'm afraid to ask how old you are and how old she is.

 

If her parents have a strong influence on her decisions I suggest you become very friendly with the Delta ticket agents on a 1st name basis. Also if you don't have an American Express Card get one and don't leave home w/o it.

[dnoblett]

Here is the one that managed to run it through in record time...

08/07/2014 Decisions after girlfriend denied a visit or student visa
08/20/2014 Just Married, Lawyer up?
09/29/2014 Estimate how long to approve the petition?
11/05/2014 Preparing for Interview
11/06/2014 Back Taxes
11/07/2014 Low Income Affidavit of support
11/20/2014 Visa Interview

 

All total just over 3 months...

[KT9985]

Thanks for all the information! We've gotten married now and decided to go against her parent's wishes and are living together. I'm about to file the I-130 but need to go all the way to Guangzhou from Shandong province to file which is a bit of a hassle. I have two more quick questions if anyone has an answer.

 

1. For the divorce decree, is a basic photocopy good enough? Do I need to get an English translation?

2. We scheduled a big wedding for December of this year, will this be an issue? I mean, will it look bad that we are applying and then having the actual ceremony months later?

[dnoblett]

1) Yes, need a translation, does not need to be a professional translation if other than Chinese if you know someone conversant in both languages, have them do a translation and have them certify it by stating that they are conversant in both languages and sign and provide contact information. If the document is Chinese and from China get a notary translation done at notary office.

 

2) No, many marry and file for visa and schedule a big ceremony later. The case I indicated above did something like that having wedding party later in the states.

[Randy W]

Thanks for all the information! We've gotten married now and decided to go against her parent's wishes and are living together. I'm about to file the I-130 but need to go all the way to Guangzhou from Shandong province to file which is a bit of a hassle. I have two more quick questions if anyone has an answer.

 

1. For the divorce decree, is a basic photocopy good enough? Do I need to get an English translation?

2. We scheduled a big wedding for December of this year, will this be an issue? I mean, will it look bad that we are applying and then having the actual ceremony months later?

 

 

You are already MARRIED - the ceremony is simply an extra-cost (OPTIONAL) add-on.