Chinese American marrying Chinese girl

[rho123]

I was born and raised in California. My chinese is just so so. I met my future wife in Shanghai while working there. I was just wondering if they may treat her visa application same as any other. Just wondering?

 

We plan to get married in Shanghai first. Then do the K3 or CR1. Is there a preference?

 

RHO123

[tonado]

I don't think so.

[Guest mseavers]

From what I have seen, with friends when I lived in Hangzhou. They treat it the same. You are an American citizen, right? You will get treated the same.

 

I went the CR1 route. I applied for both, but the CR1 was approved, and I still haven't heard about the K3 visa. It may take longer in processing, but you will have less paperwork once your wife enters the US.

[rho123]

yeah, i'm a US citizen. So it's a good idea to do the K3 and CR1 at the same time?

 

rho123

[Dan R]

I was born and raised in California.  My chinese is just so so.  I met my future wife in Shanghai while working there.  I was just wondering if they may treat her visa application same as any other.  Just wondering?

 

We plan to get married in Shanghai first.  Then do the K3 or CR1.  Is there a preference?

 

RHO123

On the instructions.

1. Who May File?

A. You are a U.S. citizen

 

If you are asking I am guessing that you are currently an American citizen. In which case they will treat you as badly as the rest of us.

 

Good luck and welcome to the Guangzhou Consulate waiting room.

[Guest Gene]

Welcome Aboard

 

If you get married then you have no choice but to file the I-130 for a CR-1 visa. You can also then file an I-129 for a K-3 visa. It is a real toss up as to which will be quicker. If you are in a hurry file both. It will cost you more to file both but it seems to me that you have a better chance if one or the other of the process speeds up or slows down. There is no way to predict what will happen. My personal opinion would be to do both and which ever one gets processed first they go with it.

 

Good Luck

[James]

I agree with Gene; it's what I'm doing.

 

And it can be tricky; your I-130 may get approved several months ahead of your I-129f (for K3), but don't forget, the I-130 (for CR-1) takes much longer at the National Visa Center phase (three to six months, compared to a week or two for the K3).

 

So your K3 could still whiz right by. It happened to me.

[Mengxin]

Take it from me. If you want to be with your loved one before your an old man. Wait to get married.

I love my wife, but I miss her too. To be with her, far out weighs the technicallity behind the paperwork and material items that go with being married.

Marraige is from the heart, whether K1 or K3. Unfortunately, those of us that make the commitment up front suffer a longer abscence from our better halves.

[maiyademama]

I was born and raised in California.  My chinese is just so so.  I met my future wife in Shanghai while working there.  I was just wondering if they may treat her visa application same as any other.  Just wondering?

 

We plan to get married in Shanghai first.  Then do the K3 or CR1.  Is there a preference?

 

RHO123

I am from California and I'm Happa (half Chinese). We have to go through the dreaded Laguna Niguel service center which is notorious for mistakes and slooooowww processing. I did K-3 and it took him 18 months to get the visa. I got the CR-1 approval at the exact same time as he got p4 on the K-3. I would recommend K-1 wait to get married in the US. Good luck! I know another ABC who met his wife in Shanghai. I am not sure where they are in the process but I know his wife was able to get a visitor's visa quite easily. They will be here for a visit next week.

[NY-Viking]

Everyone's situation is different and has special considerations. I went the K1 route because it was easier and quicker to file initially (less things I had to gather), so it seemed the best way to get things started. In retrospect, because of my school and her work schedule, it looks like we'll be separated for just as long a period had we done a K3 or CR1, so I wish we would have done a CR1 so that there'd be less to do once she gets here.

 

When I mentioned "less to do once she gets here" several months ago in another thread, I remember someone responded "Yes, but at least you'll be together for it." Well, true, but for me the waiting/separation period is going to be about as long.

 

Provided you're not really strapped for cash (and in which case, you'll encounter problems later on anyway ...), I'd recommend what others have said and file both.

[Guest blsqueaky]

Correct me if I am wrong here, but you can not file K-3 until you file the I-130, because you need the NOA to send a copy with the K-3 application, so you will still have to spend the extra $$$, or you can do like me, file both, get the wife here on K-3, then get the I-30 approval, the let that continue, then do the IR-1. Don't mind me, I am the first here that is going this route, I am the guniea pig, and some other are watching to see what happens. I am doing this because after finding out how long of a wait for AOS, it was just easier to go the IR-1 route. Yes another flight back to China, but what the heck, time for some real food again.

[david_dawei]

I know what K1,K3, and DCF are ...

 

What "CR-1" and "IR-1", and what situation are they the best options for?

[Guest blsqueaky]

I know what K1,K3, and DCF are ...

 

What "CR-1" and "IR-1", and what situation are they the best options for?

Well this will take some explaining. Back in the old days, when first applied for visa, there was either the I-129f of the I-130. Then the life act, so then the K-1 or K-3, to get your SO here quicker while you wait out the process. This was mostly depending on where you had to file. Places like CA, TX and NE where very slow, so then the K-3 or K-1, get them here faster, and still wait for approval of the I-129f or I-130. In my case, Ling and I will be married 2 years this May, and AOS would take still at least another 12-18 months for approval, plus the EAD. When we get her next interview, we will be past the 2 years, so hence, the IR-1, approval, 10 year Green Card, done with the gov't for now.

 

The CR-1 stands for conditional residence, then the AOS.

[david_dawei]

Fiancee visa is filed with an I-129F and gets  K-1 visa. Their children would get a K-2.

 

Married folks must file an I-130 for a spousal visa. The visa would be either a CR-1 or IR-1. CR is conditional and one gets a 2 year green and must file to remove conditions at the end of two years. An IR is non-conditional and results in a 10 year green card. CR and IR do not have a derivitive status for children - they must apply for their own visa.

 

K-3 is filed for a spouse on a I-129F. It used to be much faster than and I-130, but that has changed of late. A K-3 is allowed to enter the US while they wait for the I-130 to run its course and be approved at the service center. At that point, the I-130 can either go to GZ or the K-3 can file for adjustment of status (AOS) to obtain their green card. K-3 has a derivitive K-4 for minor children. They too can piggy-back on the primary visa like a K-1. NOTE: in order to file an I-129F for a K-3, you have to have the NOA1 receipt that the service center received your petition. A copy needs to be sent with the I-129F filing.

 

DCF is an unofficial term for Direct Consular Filing. Basically, if the USC is living in China and has residence papers and the right kind of Chinese visa, they can file the I-130 in China. Normally, this saves months of time at the fron end of the process. When their file is sent to GZ, they are on the same timeline as those cases from the US. DCF is far and above the best way to go if the conditions can be met to file one.

 

Don't confuse visa with immigration status. A K-1/2 or K-3/4 are simply aliens who are in the US with permission. Until they file AOS and are approved, they do not have resident status (green card). A CR/IR visa holder gets a green card shortly after entry to the US - there is no AOS required.

I'm almost sorry I asked.. but info is good ! thanks.

[bubbafred10]

I-129F petition of K1 (fiance) visa is processed by USCIS much faster than the K3 (spouse). It is 2 months versus 8 months to go through CIS alone. Add 1 months to go through NVC. Add 4 to 6 months to go through US Consulate in Guangzhou. You probably don't want to wait that long to get married.

 

The I-130 petition for CR-1 visa runs about 2 months through CIS and 3 months through NVC, and the dreaded 4 to 6 months through US Consulate in Guangzhou.

 

My K3 petition is worthless and turned out to be a waste of money. You will read other suggestions to send K3 but they are the ones who filed theirs over a year ago, before INS (Immigration and Naturalization Service under State Department) was split up into CIS (Citizenship and Immigration Servies, of Homeland Security) and the NVC (State Department). I read that when CR-1 visa processing was revamped to be more efficient, the K3 processing stopped for 3 months because they agency thought it would be abandoned. So they have a 3 months backlog, which can be fixed if they wanted to. It is apparent they don't want to fix it, so it becomes a money trap agency for that additional $165 fee to process I-129F. I am not sure why the K1 is not impacted the same way. K3 is processed at the National Benefits Center in Missouri, and K1 in Vermont.

 

My I-130 for CR1 visa is about one month away from being completed at NVC and sent out to US Consulate in Guangzhou. My K3 is still 3 months away. When CR1 arrives first, and K3 arrives later, the K3 is automatically voided. If the K3 arrives first, you have to inform the Consulate to process the CR1 and drop the K3.

 

You should also write emails and letters as suggested by the following post, and also ask your friends and relatives to write the same. Who knows?, that there may be changes made by the time your case gets to Guangzhou and that 4-6 months time could be reduced to 2-3 months. We need lots of people to write. I intend to rewrite the posted letter (by jtaylo) and change it to a third person writer/observer and send it to my friends and relatives so they can send it out too.

 

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