China Romance

General Discussion and Useful Links => Newbies Corner => Topic started by: IrishGuy65 on February 15, 2013, 06:02:24 pm

Title: The Fiancee Visa
Post by: IrishGuy65 on February 15, 2013, 06:02:24 pm
I've been reading a lot on this site.  It seems like people are having a very hard time getting their ladies into the USA.  Now, I have heard there is a visa process where you can bring your fiancee to the USA (not sure about other countries) using a fiancee visa, and you have 90 days to marry.  If you marry in that time, you can apply for permanent residence WHILE your lady lives with you in the USA.

I'm not saying this would be easier or what-have-you... since I have ZERO experience in this area.  But a lot of people have had a lot of trouble, and I'm wondering if anyone knows more about this or has some experience with this...
Title: Re: The Fiancee Visa
Post by: RobertBfrom aust on February 15, 2013, 08:13:38 pm
Zoot , I think the simple answer on this question is , it can take almost as long as a married visa , but the rejection rate is to great otherwise many before you would have used this route .
 I also note that she had said once you have been to meet her she hoped that you would never leave , she may have been talking about China not her , but until you have visited a couple of times at least no visa application would be accepted , no such thing as a mail order bride these days , regards Sujuan and Robert .
Title: Re: The Fiancee Visa
Post by: Willy The Londoner on February 15, 2013, 08:37:00 pm
Don't get your mind set on a easier route Zoot. There is not one.

Some on here have been waiting a long long time. A couple of years in fact.  It strikes me that USA and Canada are two of the hardest places to get a ladies into.  Some have even been with or even married for a couple of years and have not made it yet!

I think you realise that it will not be easy, whereas others before you have thought it a walk in the park.

Do not forget the US Government information gathering system is the biggest and best in the World so beware of what you write on forums that may put a negative slant on a relationship!  Big Brother or rather Uncle Sam is watching you!!!!!

Willy

Title: Re: The Fiancee Visa
Post by: IrishGuy65 on February 15, 2013, 09:09:51 pm
Guys, this isn't for me.... I'm a long way from anything.  This is just a generic question.
Title: Re: The Fiancee Visa
Post by: maxx on February 15, 2013, 11:35:19 pm
Don't let them scare you off.Or make them think this is not possible.It took my wife 11 months.To receive her fiancee visa.I think it took Arnold 12 months.To get his wife a marriage visa.Enternet rumor mill says that it took a couple of guys 6 months to get there wives's visa.

The trick to getting this done is hire a good immigration attorney.And like Robert from Aussie land posted.You are going to have to make a couple of trips to China.Take lots of pictures of you and the lady together in China.And save every scrap of evidence of your on going relationship with the lady.Phone records,emails,hotel receipts,Airline ticket stubs.

The stories you here of thees guys getting stuck in the immigration hamster wheel are true.The reason that they got stuck in the hamster wheel is because.They didn't hire a immigration Attorney.I cannot stress this enough.HIRE A IMMAGRATION ATTOURNEY.Save your self and the lady allot of grief.I know of 3 guys who got there ladies visa.Who didn't use a lawyer.2 of them were ex military.The third guy I don't remember what he did.
Title: Re: The Fiancee Visa
Post by: Irishman on February 16, 2013, 12:38:19 am
My wife's friend (who introduced me to her) married an American in America. It took her three months to get her visa to go to the USA and as mentioned previously she had to marry him in America within three months. She got her "Green Card" easily afterwards whilst remaining over there. Her husband and her live in Michigan. She is from Guangzhou.

I helped her fill in the visa application forms in China before getting her initial visa to go America (they were in English). All in all it seemed to be a pretty straightforward process.
Title: Re: The Fiancee Visa
Post by: Willy The Londoner on February 16, 2013, 02:50:22 am
Quote from: ZootMurph on February 15, 2013, 09:09:51 pm
Guys, this isn't for me.... I'm a long way from anything.  This is just a generic question.

I think what they are all basically saying is that you need plan everything from day one whether you go ahead much later or not.

Willy
Title: Re: The Fiancee Visa
Post by: IrishGuy65 on February 16, 2013, 07:06:41 am
Basically, I was reading the various love stories posted... and in every case it seemed like nothing but issues with immigration.  But nothing was said about the fiancee visa, which is why I thought I'd ask.

Willy, yes, the future is something to think about.  I'll do a LOT more personal research and specific question asking when I get there.  It is good to know that I need a lot of information to add to a visa application when I get there.  I wonder if I can save QQ webcam sessions for this?
Title: Re: The Fiancee Visa
Post by: Pineau on February 16, 2013, 08:59:16 am
I brought Jing to the USA with a Fiancé' VISA. From date of file till she was standing in my living room was 3.5 months. A friend of mine that Filed at the same time waited more than a year.

Now This time I brought Fiona as a spouse and waited two years.

GO FIGURE !
Title: Re: The Fiancee Visa
Post by: Arnold on February 16, 2013, 09:10:38 pm
Quote from: ZootMurph on February 16, 2013, 07:06:41 am
Basically, I was reading the various love stories posted... and in every case it seemed like nothing but issues with immigration. 

Zoot, to tell you.. in my Case I had zero problems (with a Lawyer) and like Maxx said, it took 12 months. The reason why it all went smooth, is because I had made four trips to see my Wife (marrying on the first) and saving everything we had done together from Photo's,Receipts(Hotel/Train-rides/Sightseeing/Airline ticket's). I made sure to be with her on her interview date, hand her my Passport (with three Visa's inside) this was all the "Interviewer" wanted/had to see.. plus thirty pounds of paperwork and e-mail print-out's of our communications through Chnlove/Yahoo messenger. It made it esay for us, because "He could see we were prepared from A-Z, so the fact she had my Passport in hand.. he knew I was outside waiting for my "WIFE" not a Green Card Hunter. You see, you can be prepared with so much.. it still does NOT mean your on easy street with the Gov. by no means. Going through a Lawyer does improve your chances and kind of puts you at ease knowing the paperwork is done correctly.
On a side note: I married my Lady in China (Shanghai), because I wanted her family to be present.. hence I will take her away from them later. Besides, a Wedding is much cheaper there ($5,700 compared to $40,000 here) for 50 people.
Title: Re: The Fiancee Visa
Post by: Willy The Londoner on February 17, 2013, 02:52:29 am
What may have put me off was the costs on here for weddings $5000 - $15000.  I had never been married before. My wife had.  Our outlay was two nights in best hotel in Changsha and two high speed return tickets to Zhongshan.

My argument is that if a costly wedding did not save the first one then why waste more on a second (or third or fourth in some case) by having a lavish wedding.

Willy
Title: Re: The Fiancee Visa
Post by: Arnold on February 17, 2013, 02:41:13 pm
Quote from: Willy The Londoner on February 17, 2013, 02:52:29 am

My argument is that if a costly wedding did not save the first one then why waste more on a second (or third or fourth in some case) by having a lavish wedding.

Exactly Willy! I see young couples in their early twenties spend sooo much on their wedding, that put's them into an early financial crisis right of the bat.. unless of course Daddy pays for it all. I know it is a very special day (more so for the Woman), but what do you do with all the expensive Photo's ect. ect. if it goes south later?
This puts another load on Couples from different cultures more so, no question.. with this part I think we here can not help each and everyone to hold it together for them.. only warn them of what lies ahead to sharpen their mind/outlook to actually go ahead with this thought marrying abroad.

Anyway, this might not be part of this Thread.. but let them think really hard what is better for them.. fiance' or marriage Visa and the cost of a wedding on either side of the Pacific.
Title: Re: The Fiancee Visa
Post by: David K on February 17, 2013, 06:10:17 pm
I'll second Arnold and Willys remarks regarding wedding costs.

A friend of mine is an Ex Immigration (NZ) employee, and he says that despite what
the operational manual states, wearing a wedding ring does make a difference.
SO when the time came, and we made inquiries, we were faced with a large array of expensive
options - a lot of "packages", none of which represented both our cultures.

We (mostly me) explored other options and settled on a home based wedding organised by us
 We have a very long lounge which we cleared of furniture and decorated to our own tastes
 A stunning (never worn) wedding dress for next to nothing on trademe (=EBay) altered by a friend
 No wedding presents (we have enough "stuff" ) but guests bring a plate ( ie a plate of food)
   - there was an ample feast
 A good friend agreed to act as "master of ceremonies", another as "best man" thus avoiding
    the professional celebrant, their thousands in fees, and dare I say it, their platitudes.
 Wedding vows we wrote together in English and Mandarin; she also had friends who spoke for
   "the middle kingdom" traditions

We handled the legal side by going down to the registry office for a brief 10 minute "official" ceremony
on a Friday at a cost of $175, with the actual celebration on Saturday
The additional costs were for the Wedding Cake, the Helium balloons, and abundant quantities
of good NZ sparkling wine and a few sundries - all up maybe a thousand dollars.

So, all in all, DIY worked for us - though, obviously circumstances will vary.
But the money we saved went to a trip back to Harbin to visit her unwell parents..a good outcome

And of course, out of it all, I gained a delightful wife

:)
Title: Re: The Fiancee Visa
Post by: IrishGuy65 on February 18, 2013, 10:31:49 pm
Excellent information all around.  Thanks guys very much for the replies!
Title: Re: The Fiancee Visa
Post by: CamKrist on February 22, 2013, 09:36:48 am
Similar subject was being discussed at yahoo answers last week. I can post the link if needed.
Title: Re: The Fiancee Visa
Post by: Robertt S on March 17, 2013, 11:13:49 am
Here is a comparison guide for different visa types available for the United States. It shows the pros and cons of each along with time and cost to expect. Note: The K-3 is pretty much obsolete these days.

Marriage Based Visa Comparison Table
Visa Type Marital Status Approximate Time to get Visa Requires Adjustment of Status (http://www.visajourney.com/wiki/index.php/Adjustment_of_Status)? Requires EAD (http://www.visajourney.com/wiki/index.php/Employment_Authorization_Document) to Work (with valid Visa and before AOS approved)? Requires AP (http://www.visajourney.com/wiki/index.php/Advance_Parole) to Travel Outside the US (with valid Visa and before AOS approved)? Approximate Total Time to become Legal Permanent Resident (http://www.visajourney.com/wiki/index.php/Permanent_Resident) Approximate Total Cost (USCIS Petition, Visa, AOS if required) Extra Notes
K-1 (http://www.visajourney.com/content/compare#k1) Engaged 8.5 Months (http://www.visajourney.com/content/k1historical) Yes Yes Yes 12 Months (http://www.visajourney.com/timeline/aosstats.php) USD $1805 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 (http://www.visajourney.com/content/compare#k3) Married 9 Months (http://www.visajourney.com/content/k3historical) Yes Yes No 12.5 Months (http://www.visajourney.com/timeline/aosstats.php) 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 (http://www.visajourney.com/content/compare#ircr1) Married 10 Months (http://www.visajourney.com/content/ir1cr1historical) No No (see note) No (see note) 10 Months USD $945 Visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely.
DCF (http://www.visajourney.com/content/compare#dcf)
(IR-1 / CR-1) 		Married 3 Months No 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.
Title: Re: The Fiancee Visa
Post by: Pineau on March 17, 2013, 02:44:21 pm
Really. she has a 10 year green card. Does that mean no AOS required.
Title: Re: The Fiancee Visa
Post by: Robertt S on March 17, 2013, 02:49:18 pm
Yes, she is done with USCIS until her 10 year card needs renewal.

Note:  CR-1 does not have AOS, they have ROC ( removal of conditions on the 2-year greencard)
Title: Re: The Fiancee Visa
Post by: Robertt S on March 17, 2013, 05:09:08 pm
 If you have to have been married 2 years or very close to 2 years when she first entered the United States, then the IR-1 visa might have been issued. If she entered before the 2 year mark of your marriage then she is issued a CR-1 visa and will have to apply for removal of conditions before her 2 year anniversary of entering the United States.

http://travel.state.gov/visa/immigrants/types/types_2991.html#13 (http://travel.state.gov/visa/immigrants/types/types_2991.html#13)
Title: Re: The Fiancee Visa
Post by: Robertt S on March 17, 2013, 05:52:05 pm
Mike,
   You have to wait until 90 days or less before the date expiration date of her current greencard, if you file to soon it will be rejected and returned to you. It is better to file early in the 90 day window just in case you have difficulties obtaining documents or receive an RFE. After your I-751 is accepted she will receive a NOA-1 which extends her legal status 1 year or until her case is approved. She will be able to travel freely with her expired card as long as she has this NOA-1 with her. She will also receive a letter early on in the removal of conditions to report to the local USCIS service center for biometric processing ; ie fingerprinting and photographs.


What Is Conditional Residence? If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (http://travel.state.gov/visa/frvi/glossary/glossary_1363.html#conditionalresident) (CR) visa, not an immediate relative (http://travel.state.gov/visa/frvi/glossary/glossary_1363.html#immediaterelative) (IR) visa.
You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD) on the USCIS website.
Title: Re: The Fiancee Visa
Post by: Robertt S on March 17, 2013, 06:08:30 pm
Quote from: mpo4747 on March 17, 2013, 06:01:22 pm
Ok, so we wait until 90 days before the deadline ....

I was told by the border officer, we can convert the CR-1 to an IR-1 ,,, since we are married more than 2 years now ...

How does that help?

How does it change this process, if at all?

This is what he left me wondering ... why should I bother asking for the CR-1 to be converted into an IR-1 now?

Mike

Mike,
 You can ask but I bet you will be told that you have to apply for ROC on the CR-1. The guys working at the borders are not well versed in the actual letter of the regulations. I have no idea why he told you that because that decision as made the day your wife first entered the USA from China at her first POE.
Title: Re: The Fiancee Visa
Post by: IrishGuy65 on March 17, 2013, 10:17:44 pm
What is an AOS?
Title: Re: The Fiancee Visa
Post by: Arnold on March 17, 2013, 10:28:24 pm
Quote from: ZootMurph on March 17, 2013, 10:17:44 pm
What is an AOS?

Adjustment of Status
Title: Re: The Fiancee Visa
Post by: IrishGuy65 on March 17, 2013, 10:42:43 pm
Quote from: Arnold on March 17, 2013, 10:28:24 pm
Quote from: ZootMurph on March 17, 2013, 10:17:44 pm
What is an AOS?

Adjustment of Status

Thanks!