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Willy The Londoner:
I just tell it how I see it. (But usually not three months after I make a response.)
Maybe I was right maybe I was wrong but only time will tell which one of us was right.
As Pineau said vacation visa and immigration visa are two different things.
But it also should be pointed out that as a Polish person your former wife had a much easier route into the USA as an immigrant than a Chinese lady will ever encounter. Married or not.
I wish you well in the coming months.
Willy
Smaug:
Leaving to China two weeks for today.
Talked to an immigration attorney and scheduled a meeting for a week from today. We'll see what she says.
I think I'll go and do some reading on immigration now to try to figure out the best immigration route. It seems there are three options:
a) fiancé
b) married, stays here while we wait
c) married, but she goes back to China and goes on with her life there while we wait.
What's the easiest route?
The attorney didn't seem to want to say much; maybe she's afraid if she advises me, we will apply ourselves instead of having them do it. She did say that it doesn't matter if I was married before, and to whom, only that I am not married now.
Vince G:
I am not sure if your misinformed or not making yourself clear? There are 2 visa's 1) K-1 Fiancé(e) Visa, after applying is a 9 month+ wait to come to the US to marry within 90 days. OR 2) K-3 and V1/V2 U.S. Entry Visa which is used for marrying in China and applied for. Takes +/- a year for approval.
If you marry in China you will need proof that you are not married.
I'm sure there will be others adding onto what to do.
Robertt S:
Here is a comparison table of each type visa available for bringing fiancees or spouses to the United States. The K-3 visa is rarely used anymore because the processing times for the IR-1 and CR-1 visa have sped up over the years making the K-3 obsolete. If someone does file the K-3 it is usually converted over to the CR-1/IR-1 visa at the NVC level.
Marriage Based Visa Comparison Table
Visa Type Marital Status Approximate Time to get Visa Requires Adjustment of Status? Requires EAD to Work (with valid Visa and before AOS approved)? Requires AP to Travel Outside the US (with valid Visa and before AOS approved)? Approximate Total Time to become Legal Permanent Resident Approximate Total Cost (USCIS Petition, Visa, AOS if required) Extra Notes K-1 Engaged 9 Months Yes Yes Yes 12.5 Months USD $1650 Must be married within 90 days of entry. AOS must be filed in order to gain Legal Permanent Resident status. Failure to file AOS before I-94 expires accrues out-of-status days. K-3 Married 9.5 Months Yes Yes No 13 Months USD $1705 After entering the US, may file for AOS within two years or instead wait for I-130 to be approved and pursue IR-1 / CR-1 Visa. IR-1 / CR-1 Married 11 Months No No (see note) No (see note) 11 Months USD $903 Visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely. DCF
(IR-1 / CR-1) Married 3 Months o No (see note) No (see note) 3 Months USD $945 US consulates typically only do this for US citizens who live overseas. DCF results in a IR-1 / CR-1 Visa.
I chose the CR-1 visa path and used the electronic processing at NVC , from filing date to interview date was approximately 6.5 months. I will have to check to see what the current filing times are now though. The main thing is to document everything you and her do together ( with pictures, receipts, boarding passes, family dinners, touring, and just casual around the town stuff like couples normally engage in.) Good Luck, Robert
Robertt S:
Smaug,
Your third option of marrying here, she returns to China while you two wait for the visa to be approved is not really an option because it is covered by the first option ie;( fiancee visa). The only visa that can be used to obtain that result is the tourist visa. That being said, there is many risks to using the tourist visa for that reason. If she receives a tourist visa to come her and then you two marry, you will now have the pleasure of attempting to convince USCIS that you did not plan this in advance in an attempt to avoid normal processing protocol. If you can not convince them that you did not plan this in advance your wife can be banned from entering the USA for life. I would think real, real hard before attempting this ruse.
Basically, your options are
K-1: filing the 129F and waiting for approval ( she waits in China)
K-3: obsolete will most likely be converted at NVC to CR-1, marry in China and still requires her to wait in China until the 129F is approved by the consulate
CR-1: file the I-130 after you marry in China and wait. She waits in China
DCF: you have to reside in China 6 months on a residence or employment visa prior to filing the I-130 in China at the consulate and she waits in China, plus you have the added burden to prove US domicile beyond a shadow of doubt.
IR-1: same requirements as the CR-1, except she will receive the 10 year green card when she enters the USA ( assuming you have been married 2 years or longer prior to entry to the USA.)
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