Jump to content

Completely New Here - Possible Marriage Visa


Recommended Posts

So, I’m completely new hear. Lived in China for 3 & 1/2 years, started dating and now have been with my Chinese girlfriend for almost 2 years. I moved back home to the US, but now, as we’re getting more and more serious, we’re talking about HOW to get her to come here. Preferably to visit first and then to possibly move here after we get married. But right now, just looking to have her visit.

 

What do I do? Pretend I’m a 6 year old and have no clue what’s going on. Cuz that’s where I’m at!

 

Thank you for helping us!

Link to comment

So, I’m completely new hear. Lived in China for 3 & 1/2 years, started dating and now have been with my Chinese girlfriend for almost 2 years. I moved back home to the US, but now, as we’re getting more and more serious, we’re talking about HOW to get her to come here. Preferably to visit first and then to possibly move here after we get married. But right now, just looking to have her visit.

 

What do I do? Pretend I’m a 6 year old and have no clue what’s going on. Cuz that’s where I’m at!

 

Thank you for helping us!

 

 

"visit first" - either a visitor's visa, or an I-129F petition and K-1 visa if she intends to marry and immigrate(that is, to STAY in the U.S. after marriage).

 

"move here after we get married" - file an I-130 petition for a CR-1 visa, which she (probably) should apply for in China.

 

You can get married at any time, anywhere, and on ANY type of visa without consequence or affecting her immigration status. But, given your already stated intent to marry and move to the U.S., she will most likely need to apply for a K-1 or CR-1 visa in Guangzhou.

 

If she marries in the U.S., it IS possible to file for a change of status and stay, but this leaves the door open to an accusation of immigrations fraud. Be sure to talk to a LOCAL immigrations lawyer, if you want to follow this route.

Edited by Randy W (see edit history)
Link to comment

Welcome to Candle. You will find a lot of great folks here and much useful info. Randy mentioned the K-1. Under the provisions of that visa, you have to convince the visa officer (at an interview in Guangzhou, attended by your fiance but not you), that the two of you have a legitimate relationship. If she is granted a visa, she can come to the States, but the two of you have to marry within a 90-day window, or her visa will expire. If you marry within the 90 days, you file for what is called "Adjustment of Status." After that, she can apply for a green card. At least that is how it worked for us, but that was way back in 2002-2003. I think it is still pretty much the same. I think the CR visa Randy mentioned requires you to have been married two years before she immigrates (get married in China). The advantage here is she gets the green card upon arrival. There are folks on the board with more up to date knowledge than me and they may be of more help. At any rate, again, welcome aboard.

Link to comment

Welcome to Candle. You will find a lot of great folks here and much useful info. Randy mentioned the K-1. Under the provisions of that visa, you have to convince the visa officer (at an interview in Guangzhou, attended by your fiance but not you), that the two of you have a legitimate relationship. If she is granted a visa, she can come to the States, but the two of you have to marry within a 90-day window, or her visa will expire. If you marry within the 90 days, you file for what is called "Adjustment of Status." After that, she can apply for a green card. At least that is how it worked for us, but that was way back in 2002-2003. I think it is still pretty much the same. I think the CR visa Randy mentioned requires you to have been married two years before she immigrates (get married in China). The advantage here is she gets the green card upon arrival. There are folks on the board with more up to date knowledge than me and they may be of more help. At any rate, again, welcome aboard.

 

 

No - the CR-1 visa is awarded when the marriage is LESS than 2 years old, resulting in a 2 year conditional green card. If the marriage is MORE than 2 years old at the time of entry, an unconditional (10 year) green card will be awarded - i.e., an IR-1 visa.

  • Like 1
Link to comment

 

Welcome to Candle. You will find a lot of great folks here and much useful info. Randy mentioned the K-1. Under the provisions of that visa, you have to convince the visa officer (at an interview in Guangzhou, attended by your fiance but not you), that the two of you have a legitimate relationship. If she is granted a visa, she can come to the States, but the two of you have to marry within a 90-day window, or her visa will expire. If you marry within the 90 days, you file for what is called "Adjustment of Status." After that, she can apply for a green card. At least that is how it worked for us, but that was way back in 2002-2003. I think it is still pretty much the same. I think the CR visa Randy mentioned requires you to have been married two years before she immigrates (get married in China). The advantage here is she gets the green card upon arrival. There are folks on the board with more up to date knowledge than me and they may be of more help. At any rate, again, welcome aboard.

 

 

No - the CR-1 visa is awarded when the marriage is LESS than 2 years old, resulting in a 2 year conditional green card. If the marriage is MORE than 2 years old at the time of entry, an unconditional (10 year) green card will be awarded - i.e., an IR-1 visa.

 

 

Thanks for the correction Randy. Like I said, it has been a long, long time since I went through the process.

Link to comment

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now
×
×
  • Create New...