Need some Profesiona Answers to some Questions

[jtaylo69]

Hi all,

 

I have a few questions & I truely hope that I can get some very direct answers as well as a play by play in detail as to how we will need to do this.

 

 

A friend of mine does some kind of work for an imigration Lawyer. When I told her that my fieance who is from China, that we are working on doing our K1 visa, she said to me that there was a far better way and faster way for us to be together here in the USA.

 

She said it had something to do with the Family reunitings Act that was just put into action since 911.

 

What she said was that when I returned to china with my fieance' what we need to do was to go ahead & get married. Then in about 2 or 3 days, go to Guanzhou to the US Counselet office & tell them that we are married & we are wanting to return to my home here in the USA. We will have to file the following forms:

 

G-28

G-325A

I-130

I-485A PACK

I-693

I-864 PACK

 

She said that this process should or would only take about 2 maybe 3 months to the longest.

 

Does Anyone know anything about this? & is this True? If so, Would you please give me a play by play or step by step on how & what all I will need to do.

 

She says that this process will cost about $400.00

 

Any help would be greatly appriecated

 

Thanks

 

Jim

[warpedbored]

Your friend is misinformed. The only way that scenario would work is if you were living and working in China with a residency permit there. Then you could do a Direct Consular Filing. Even then I doubt it would happen in 3 months. If it were that easy no one here would file K-1.

[jtaylo69]

I am planning on going there in april to live with her until she gets her K1 Visa. We are hoping that I will be able to find some kind of work there. Could I & if so, How would I go about filing for a residency there after I got there on my tourist visa?

[Guest blsqueaky]

Totally misinformed. One, you did not say where you filed.

 

If you have already filed the K-1, and you go back and marry, then you have to start all over again, K-3.

 

All that I can suggest now, is stay with what you have already started.

[warpedbored]

A tourist visa won't work. Has to be a Chinese style green card. You pretty much have to have a contract with a Chinese company or intstitution to get one. Many americans live and work in China without one but it won't help get the visa without it. As much as you wish it there is no short cut.

[jtaylo69]

Ok, that makes sence.

 

Would you forsee any problems if I just go over there & stay with her untill she gets her visa to come here? I plan on trying to get my divorce papers noterized or what ever that is that someone said I would need to do from my Secretary of States office (Still very unclear about all of that). But I want to try and have all of my ducks in a row before leaving so as to not have to make another trip.

 

Any suggestions?

[Guest blsqueaky]

Okay, I am not sure about the K-1, but I know that for my K-3, I did have to have my divorce papers notorized by the sec of state, their big emblem on it, but that was because we married there.

 

I might be wrong here, and if I am, I will be told, but I think that you will still have to have them done to file with your papers, to show them that you are eligible to marry again. Again, I maybe wrong here.

[jtaylo69]

Can I not just use the Original copy that I got from the Judge from my court house after the divorce? it has a noery seal on it & the states emblem on the top of it?

 

I don't know.

 

if anyone here is from NC, it would be a grat help as to know just what when & how.

'

Thanks

[warpedbored]

Shouldn't be a problem as long as you can show sufficient income for the I-134 or enough assets. You will need all the stuff for the interview any other K-1 applicant would have to have. Since you already have NOA-2 it would waste too much time to start over even if you could do a DCF which you cant anyway. At this point you have a 6-8 month wait before she can get a visa.

[warpedbored]

Can I not just use the Original copy that I got from the Judge from my court house after the divorce? it has a noery seal on it & the states emblem on the top of it?

 

I don't know.

 

if anyone here is from NC, it would be a grat help as to know just what when & how.

'

Thanks

The original would be fine.

[jtaylo69]

Cool.

 

One more question.

 

Since my work here has all but washed away, I figured that I could go there & just be with her, & then when we come back, just try to find another job, maybe in a diferent field or just go into the factory. But I am not to sure as to how this might effect her approval as I am thinking there is something on the P3 that they ask for your current employer.

 

I am sure I can get my family to help sponcor me. But my mom seems to think that I should get up with a church, become a member, & then ask them to sponsor her with the agreement that she will join their churh when she arrives.

 

Any input on that Idea?

[frank1538]

As others have pointed out, China is among the majority of countries in which our consulate requires the US citizen to be be a resident in order to do DCF. There are a handful of countries where DCF is permitted for non residents. There are two hurdles that have to be overcome if you try to use a consulate in one of these "non resident" countries. First, you have to comply with the country's local law related to marriage between non residents of that country and second, it has to be a country that a Chinese citizen can get a visa to travel to.

 

As you might guess, most of us have considered a lot of the options to a 10-20 month visa process currently in place in China and have ended up waiting it out.

[DaveR]

I was in China in Sept, and went to the Citizen's hour at GZ, and one of the things the officials stressed was that there will be visas that will be denied because of the financial status. They said this is a black and white issue, if you do not meet the minimum requirement or have a co-sponsor that does they will deny the visa. I would think they would want to see a stable work history. As much as you want to be in China, it may be better to look ahead.

 

I also think any way that you may try to circumvent the process, i.e. having your church sponsor her, would raise a red flag at GZ. They stated there is a lot of fraud in China and that is one of the reasons the process takes so long, and the interview is so tough.

 

I think the best thing to do is just let the process run it's course. I know it is a long process, but like others there is a light at the end of the tunnel. I am just glad I did not go through the black-hole days.

 

Dave

[beijingjenny]

I am doing DCF, but agree at this point waiting out the K-1 is prob faster. Also what your friend said isn't even DCF, it's something that doesn't even exist. All DCF does is make the petition approval faster. And while that helps a LOT, you'd still end up in the long queue for an appointment.

 

If you can get a good co-sponsor, I don't think coming here for a time would be a big problem. That is my main concern, but I am hoping and praying my parents' co-sponsorship and my evidence of "domicile" will be enough.

[jtaylo69]

I think what I will do (if I can find a way to get away with it ) is just go ahead & go over there and just stay with her until she gets her visa. (Which is still several months out)

 

The more we talk about it, the more crazier it makes us adding to the frustration and everything. Who would have thought that being apart for so long would drive a couple to insanity.

 

We now just have to figure out just what all needs to be taken with me. What all needs to be done. Not to mention on just how it all has to be done.