Just Starting K1 Process

[laomai]

Hi all,

Just found this site a few hours ago, and I'm overjoyed. My fiance and I want to get started on the K1 process as soon as possible, but we want to make sure we do it right. After a good week glued to the computer, I'm pretty confident about what I need for the I-129F application to the USCIS, but I still want to float a few questions I have that are specific to our situation.

 

The first potential problem is our mailing address. We live together in Nanjing (not Nanning, people always confuse those), in an apartment provided by the university where I teach. The problem is that my contract there is up at the end of the spring semester (around the end of June 2005) and shortly after that I will return to the US to start grad school in San Diego. So, if (when, of course) the process drags on past that date, neither of us will live at the address where we presently reside. Another option would be to use her parents' address, but it's in a different city.

 

Also the fact that I am in China makes some of the questions on I-129F hard to answer (e.g., "Address in the United States where your fiance(e) intends to live." I will only know that after I get set up in San Diego myself).

 

So I guess my basic question is how to handle the uncertainties caused by the fact that both my fiance and I will move during the K1 process.

 

I hope that's clear enough to invite response. Any advice you can offer will be great.

 

Thanks,

Michael

[warpedbored]

Welcome Michael, you've come to the right place. Since you are there and have a contract I presume you have a residency permit to live and work in China and not just a tourist visa. If so you can do a DCF (Direct Consular Filing). It is much faster than the normal K-visa route. The catch though is I doubt it could be wrapped up by June. Would it be possible to extend your contract a few months? If you go the regular K-visa route you could use your parents address in the states until you get settled then notify them of your address change. Your fiancee could do the same I presume. Other issues are income. Chinese wages seldom make the poverty guidelines for the US. You may need a co-sponsor.

Goodluck

Carl

[Chinese Wife!!!]

If so you can do a DCF (Direct Consular Filing).  It is much faster than the normal K-visa route.  The catch though is I doubt it could be wrapped up by June.

 

Other issues are income.  Chinese wages seldom make the poverty guidelines for the US.  You may need a co-sponsor.

First off WELCOME to CFL Micheal!!!

 

I think Carl made some astute observations for you- my comments are:

 

I would recommend DCF in any case and I can think of a few members that have shaved a lot of time off the process if you can do so. (TRUST me I am jealous of someone that can do the DCF filing).

 

As Carl said you may be pushing June a bit hard but I would question what if you had already filed and your contract DID run out later???

 

My question about Chinese wages whether on the I-134 for you (or I-864 for I-130) is a little early for you but I guess I got thinking (yeah I smell smoke too) is that TYPICALLY SOME Chinese wages INCLUDE an apartment and some living expenses- seems that there may be an issue for reporting a higher income??? to meet poverty guidelines- may require filing taxes??? It's not an area I personally need to look at but playing the devil's advocate....

 

[beijingjenny]

Hi Michael. DCF is great, but you have to be married to do it. And it saves a lot of time but June would be nigh on impossible even so, unless they speed up interviews drastically. Realistically, I'm afraid whatever route you take is going to take more than a few months.

 

Good luck!

Jenny

[Chinese Wife!!!]

Hey again Michael,

 

Just thought about something I don't want you to overlook.

 

A lot of my problems were/are at NVC (this concerns an I-130 filing rather than K-1 and you MISS this BS) are related to address changes. I apoligize to you and others that I again got into "motor mouth" mode but here are a few things to consider. (Not if but when someone asks that K-1 VS. K-3 question again here's my answer (despite them possibly having children in the picture or the family wants the ceremony in China).

 

I JUST about live in Shanghai (as I'm married, I have had extended lenght, multi-entry "L" visas issued in SF and also extended at the Entry/Exit Bureau there.)

 

Based on my personal experiences and others (at CFL & VJ) living "In country"- some things to consider while you are there. I *THINK* that using your Mom's address is the best bet- but do it from the START.

 

I went to USPS after filing my I-130 and explained my going to China. "Oh, NO PROBLEM- JUST fill out this "mail forwarding form". Both NOAs were then returned to CSC as "undeliverable". It cost me over $1,500 (and my K-3 MIGHT be approved right now) to come back and get a copy of the NOA-2 to file an I-129F/K-3. I later found out that all the Visa stuff is marked "Return Service Requested" i.e., Do NOT forward. When I returned home, I cancelled "mail forwarding" and got my mail here for the 2 weeks. I Arranged w/ my son to come 55 miles 1 way to check the mail every 1-2 weeks. Mailbox was empty, empty, empty and after 3 weeks MY MAIL started showing up in Vegas. He went to the P.O. 3 times and they kept telling him "There is NOT a "Mail forwarding request" on file for that address". "You SHOULD be GETTING mail there". It seems that the mail delivery person had decided on her own to start RE-FORWARDING my mail. I'm back in China and now the Postmaster refused to accept ANYTHING VERBAL even though he found NO MAIL FORWARDING REQUEST ON FILE- and despite realizing his independent contracted rural worker WAS running amuck. Because I'm expecting my DS-3032 and I-864 Fee Bill from NVC (knowing it will be returned "Undeliverable" again) I then attempted to contact NVC BY EMAIL to change my address to my son's house. Most of that HORROR story is in my timeline.

 

Looking back, contacting NVC by email was a BIG MISTAKE. I have TRIED to find a fax place in Shanghai to fax to the US no dice. Phone calls to NVC at 45 cents a minute (cheaper phone card wasn't working) that OFTEN take several calls/days to complete and that I didn't at FIRST send a written letter to them at about $27 were downfallings.

 

Express charges from my son to forward my stuff (to Shanghai) was $54.00 by FEDEX and I think I paid about $27.00US for EMS going Statesides (BUT no online tracking w/ EMS once it hits the US and it took about 7-10 days).

 

Your being in Nanjing, I don't know about your regular mail delivery there, but some places it will sit for days waiting for someone that can read an English address. Provide Mom W/ labels in Chinese???

 

Mail delivery to our apartment even in Shanghai is questionable- maybe use the university address OR a reliable express service???

 

Note, I am sitting back here in NV writing this- I have returned for the month to get this NVC thing on track (that otherwise SHOULD have been FINISHED) and to do 2004 taxes (just in case GZ wants a look AFTER NVC says I'm good to go!)

[johns]

Good suggestions above.

 

I have some as well.

 

I have been in China with my fiance teaching at a local middle school on an F type business visa and have renewed many times. We filed K1. If you have a Z visa I would definitely seek of a DCF instead. Its faster from what I hear.

 

For I-134 I used my dad as a co-sponser and my parents address in USA which is where I will stay upon my return to Untied States until I get set up again.

 

My fiance just used her parents address in China even though she lives with me nearby. I don't even think the apartment we rent has an address. Its such a new building.

 

For the mail corespondence with the with my cosponser I used a local international hotel address that held my envelopes when they came in. I used USPS and EMS for everything with no problems.

 

if you want to fax get an free efax number. I also bought a key chain flashdrive to save all my paperwork onto then found a local print shop to print everything out.

 

good luck!!!

 

Get ready for Spring Fesival!!!!!!!

[laomai]

Wow,

So many replies. I'll try to answer a few of the questions you all had and explain my situation a bit more fully.

 

One issue was about Direct Consular Filing. I hadn't considered this, and I have a few questions about it. First of all, would I need to stay in China until the end of the process? The main problem with my staying in China is NOT with getting more work here. I could extend my contract at my present university until doomsday. The problem is that I need to be in the US by September to start grad school. I already deferred for one year to come to China, and both my fiancee and I think I should go back over and get started, because I anticipate five years to finish my degree. So, if the DCF would require me to stay in China until the end of the process, I would probably shy away from that. I can't chance being forced to defer for another year while the process drags on. IF it would be possible for me to leave China while the process was going on, I would consider it. So if anyone can answer that for me, I'd appreciate it.

 

Another issue was about income. My income from my university job and outside work is about 5000 RMB a month, not enough to meet 125% of the poverty level. I do have letters from my university in the US confirming their salary offer for my work as a teaching assistant when I start there in September of 2005 (the yearly total is just over the 125% poverty level, I believe). I'm also sure that my parents would also be willing to co-sponsor me, just to remove all possibilities of a problem. So that issue, while it will probably be a hassle, should not jeopardize our chances.

 

The last issue was mailing addresses. As it stands I think the best thing to do is use my parents address in the US for my mail, and use my fiancee's parents' address in China for her mail. Barring anything bizarre, those addresses will both stay the same throughout the process, regardless of how long it takes. My question now is, how do I indicate this? Are the mailing addresses they use just the ones that I enter for us on the I-129F? Or are they the addresses that we list as present on the G-325A?

 

Also, I want to re-ask a question from my first email: What should I do for the question about where my fiancee intends to live in the US, since I don't have an address right now. Should I attach a sheet of paper explaining the situation or what?

 

Again, thanks for your help. I look forward to your answers.

 

-Michael

[laomai]

Johns,

 

I am gearing up for Spring Festival! Although this is my 3rd time in China, it's my first Spring Festival. I think the biggest problem will be psyching myself up for all the food and especially the bai jiu.

 

By the way, congrats on your recent visa success! As a newbie, it gives me more confidence seeing all the people on CFL who have recently succeeded.

 

As far as your suggestions, I have most of what you suggest: flashdrive, reliable print shop, and a place to fax. How did you go about finding a hotel to hold your envelopes? Will most international hotels do that even if you are not a guest?

 

Thanks

-Michael

[Chinese Wife!!!]

Wow,

So many replies.  I'll try to answer a few of the questions you all had and explain my situation a bit more fully.

 

One issue was about Direct Consular Filing.  I hadn't considered this, and I have a few questions about it.  First of all, would I need to stay in China until the end of the process?  The main problem with my staying in China is NOT with getting more work here.  I could extend my contract at my present university until doomsday.  The problem is that I need to be in the US by September to start grad school.  I already deferred for one year to come to China, and both my fiancee and I think I should go back over and get started, because I anticipate five years to finish my degree.  So, if the DCF would require me to stay in China until the end of the process, I would probably shy away from that.  I can't chance being forced to defer for another year while the process drags on.  IF it would be possible for me to leave China while the process was going on, I would consider it.  So if anyone can answer that for me, I'd appreciate it.

 

Another issue was about income.  My income from my university job and outside work is about 5000 RMB a month, not enough to meet 125% of the poverty level.  I do have letters from my university in the US confirming their salary offer for my work as a teaching assistant when I start there in September of 2005 (the yearly total is just over the 125% poverty level, I believe).  I'm also sure that my parents would also be willing to co-sponsor me, just to remove all possibilities of a problem.  So that issue, while it will probably be a hassle, should not jeopardize our chances.

 

The last issue was mailing addresses.  As it stands I think the best thing to do is use my parents address in the US for my mail, and use my fiancee's parents' address in China for her mail.  Barring anything bizarre, those addresses will both stay the same throughout the process, regardless of how long it takes.  My question now is, how do I indicate this?  Are the mailing addresses they use just the ones that I enter for us on the I-129F?  Or are they the addresses that we list as present on the G-325A?

 

Also, I want to re-ask a question from my first email: What should I do for the question about where my fiancee intends to live in the US, since I don't have an address right now.  Should I attach a sheet of paper explaining the situation or what?

 

Again, thanks for your help.  I look forward to your answers.

 

-Michael

Michael,

 

Again look into DCF, maybe someone here knows about the "What if I leave before..." aspects for certain. My *opinion* would be as long as you met the quaifications at the time of filing go for it.

 

I was just going to post/ PM a few folks with a possible solution about meeting poverty "guidelines" while employed in China. I don't know your situation but if an APARTMENT and OTHER expenses are paid in addition to wages my question becomes "can the value of these benefits be considered and added to wages to qualify to poverty guidelines?" There may also be some IRS considerations if this is so i.e., have to file and/or pay taxes??? I'm giving you more questions that answers now but....

 

Addresses: My *opinion* is concerning you- use your your parents address for the I-129F (thinking continued ties to the US) and then enter your actual address/biographical data on the G-325A. In regards to using your finacees' parents' address I'll say that is what my wife and I did. Her Hukou also reflects that address.

 

Where she intends to live? Maybe list your parents address? and change it later?

 

Whoops, now you've got more questions than before, Sorry and Good Luck.

[bags]

Maybe I'm missing something here, but if someone is residing abroad, then it seems to me that should be the address they should use on their entire petition instead of some address back in teh states. An adjudicator is going to see the passport stamps and realize that this person is still in China. Seems that could raise some questions. Just file for a change of address after you move back to the States.

 

Am I missing something? Why would you not put the place where you currently "reside."!?!?

[awch]

For address where she's going to live in the states, we obviously don't know that yet either, so we just put my dad's address. I don't they're really gonna hold us to it- and they can find us from there if they need to.

[ptcrusier333rph]

you still need a place to go when you are stateside, parent housethe best place to list

 

 

robert

[laomai]

Maybe I'm missing something here, but if someone is residing abroad, then it seems to me that should be the address they should use on their entire petition instead of some address back in teh states. An adjudicator is going to see the passport stamps and realize that this person is still in China. Seems that could raise some questions. Just file for a change of address after you move back to the States.

 

Am I missing something? Why would you not put the place where you currently "reside."!?!?

I don't think you're missing anything, Bags, it just seemed to me like a mid-process change of address might cause some problems for me with regard to receiving all the things from USCIS in a timely manner. My fear is that (Chinese postal services being what they are) if something got shipped to my present address at the university and I had already moved back to the US, I would probably never see that piece of mail again. I just want to make sure that doesn't happen and add unnecessary days to the process. I'm not looking to mislead an adjudicator, and my present address would still be listed on the G-325A.

 

Anyway, how's this for a possible non-misleading solution? I could put my present address in China on the I-129F (for consistency's sake), and then attach a continuation sheet requesting that all correspondence after June by sent to my parents' address in the US. How does that strike everyone? Sorry to obsess over such a small question. And as always, thanks for any advice.

 

-Michael

[danswayne]

Some of you are missing something. It has been said before in this thread but noone else seemed to see it.

 

YOU CAN NOT USE DCF IF YOU ARE NOT MARRIED.

 

If I am wrong please forgive me but do not think about this as a possibility if you are not married yet, or don't have a working visa (which I think you do actually have if I remember).

 

I lived in China for 3 years and used my grandparents address for every piece of paperwork that asked ffor it whenever it was presented. As was also said before in this thread do not worry that they will throw you in jail, or refuse the petition because the address is your parents or grandparents or anyone else in your family, just make sure you use the same one. As for her address don't even think about using the schools address, use her parents address and don't think twice about it, unless of course they don't like you which I am sure could never happen anyway. My wife lived with me of course while we were married in China but it was also in the schools apartment so she also used her grandfathers address and did not change it through the whole process.

 

DCF is the fastest way to get the visa and it requires the least amount of paperwork when you arrive stateside. I would suggest you use it, if you are going to get married in China anytime soon, and you have a working visa.

 

This is just a small tidbit of info which may not be needed but I have a question. Have you considered starting your graduate school online while you are in China. I have had a few friends who lived in China even longer than me and they started AND finsihed their graduate degree online and are happy they did. If you could do this you could stay in China, get married, and return to America with your wife Husband and Wife and not get farther behind in your education.

 

Sorry if I rambled on too long, if anyone has any questions I might be able to help them with please let me know and I will try to help as much as possible.

[awch]

Anyway, how's this for a possible non-misleading solution?  I could put my present address in China on the I-129F (for consistency's sake), and then attach a continuation sheet requesting that all correspondence after June by sent to my parents' address in the US.  How does that strike everyone?  Sorry to obsess over such a small question.  And as always, thanks for any advice.

 

-Michael

Michael

I tried to do this- I attatched a seperate sheet in my petition requesting all mail for the USC to be sent to my dad's address and all mail for my fiance to be sent to our school's address.

 

They completely ignored it and sent both of our mail to our present living addess, the address we listed on all the forms under "current address". Fortunatly we didn't move and are able to recieve mail here.

 

So- I would suggest putting your current address as wherever you want your mail to be sent.

 

It's difficult if you're going to move- perhaps just putting your fiance's parents address for both of your addresses would be the best thing. It would be consistent, show that you live together and would guarentee that both of you will recieve any mailings. And anything that goes to you, such as the NOA1 or 2, your fiance could recieve then mail it to you in the US.

 

Hope that helps...

amber