China Romance
All About China => Visas, Immigration and Emigration => Topic started by: shaun on December 05, 2009, 07:12:22 pm
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I am thinking about all of my options as usual. I that most of the men after marrying their wife go back home and wait for the great visa meeting that will take place in about 1 year. Then finally the day comes and your wife can then move to the country of her husband.
As I consider all my options I cannot imagine myself living half way around the earth waiting fort my bride to finally come home. I just do not think it is in me to do that.
I know you have to prove that you make at least $20,000 a year in America before they will let her go.
So I have 2 questions.
1. If you are not working in America at the time of Visa then is there another way like proof of a job offer or having a certain amount of available cash?
2. How long can one wait in China before they leave to the US? I there time limit on the exit?
Shaun
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Good questions Shaun. I like where your mind is at. I have no answers, but they're interesting questions.
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Shaun if your retired your income from your retirment has to be over 20 thousand a year.You will have to fill out a financial statment and supply supporting documents.For the last three years.
If I remember correctly the ladies visa is good for 6 months after.The date it is issued.
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Maxx,
Thanks,
This is why you get paid the big bucks. You have the knowledge. This will put a real kink in my plans as would like to live there 2 years before I bring her back here. I want to develop a export business while I am there so we can travel back and forth freely. Since I cannot own a Chinese company I am telling Peggy she will have to own it so she will have to pay me at least $20,000USD. :icon_cheesygrin:
Now that is something I can have fun with.
Shaun
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Shaun, I'll be doing something similar. In my case I'll hold the patent but I think the business officials will be someone else?
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Vince,
David 5o was the one who enlightened me on this. If your wife owns the business, he ability to enter other countries becomes much easier.
Shaun
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Shaun I don't know if you want to work for a Chinese woman.They can be pretty ruthless sometimes.
You are right Peggy will have to own the company.What you can do is be a business partner.Even though you will be living abroad you still have to pay income tax.So with your retirement and the money from the import business.You should be ok.
All the government is looking for is that the lady doesn't end up on public assistance.If push comes to shove you can get a co sponsor.All the co sponsor does is sign the paper.Saying that they will help support the lady.So she doesn't have to file for public assistance.
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Maxx,
Now that you mention it I remember something about a co sponsor. I do not think it will be a problem. I have a great family too.
Shaun
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so the co sponsor is a family member?
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Ted it doesn't have to be.It can be anybody you know.They just have to make above the minnimum requirements stated by immagration.
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If your retired on Social Security, how are you suppose to make 20,000 a year? Unless you own a big business, it isn't happening. Even a second job at Wally world as a greeter don't make that much. It would appear that a co-sponser is unfortuantly the only way to go in this case.
Another Question, What if you own a small business, does that count? and for how long do you have to make 20,000 after she is here?
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if you own a small business yes it counts any income you can show proof of counts.
You don't have to make any money after your lady is here and you have adjusted your ladies status.Your lady is not eligible for public assistance.If she or you apply for public assistance.For her she will be denied.Any medical bills any legal bills.You are responsible for.If you can not pay the your ladies bills.They will start proceedings against you to collect the money.You are the sponsor of record.
How long does this last? five years.After five years the lady is eligable for public assistance.I don't know if immagration will come after you.For the money for any public assistance.I'm thinking they will.Because you are the the regersterd sponser
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my concern was that when we decide to go back to the usa
i wont have a job because i have been living in china for 5 years
think it might be a problem for us???
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Ted,
Excellent question. This is one of the things I have been thinking about the last 2 days.
One answer is sponsorship but there has to be another. O Wise men?
Shaun
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The only answer guys is the sponsor.The sponoer can be anybody that makes over x amount of dollars for the last three years.All the sponsor is doing is saying that your lady will not apply for public assistance.The sponsor doesn't have to live with you and the wife or even be related to you or the wife.(It Does help if the sponsor is related to you)
all immagration is looking for is the lady doesn't end up on welfare.
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Maxx,
I remember reading about my next question somewhere but for the life of me I can't find the thread. I mentioned in another thread that last Saturday Peggy's younger sister called me. She suggested that it would be better to get Peggy over here on a K-1 fiance visa. It seems to me that you said that we are wasting our time with this option. I am being told that it takes less time and is not as difficult as a spouse visa. Did I read somewhere that this was what you used? Also, other than the obvious, what are the differences?
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The difference is with the K-1 fiance visa, she comes to the US and you both have 90 days to marry or she's back on the plane to China.
The Spousal visa (K3) is you marry there in China and then comes to the US..
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Vince.
Thank you. I still wonder which would be better and if there is a time difference. Peggy has made it clear that she now wants to be with me in the US and not in China. I think having a sister here already helps but I may have to move a little closer to the sister once Peggy arrives.
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The difference is with the K-1 fiance visa, she comes to the US and you both have 90 days to marry or she's back on the plane to China.
The Spousal visa (K3) is you marry there in China and then comes to the US..
Vince
Do you know or have a feel for how long the K-1 VISA takes versus the K3?
Alton
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Shaun,
Whoa Up there!!, this is not about all that Peggy wants, your wants and needs come into this equation too!!! I thought because of the situation there in the US, you were going to look into the possibilities of maybe starting some sort of export business from China?? Now your talking about moving to another State back home, that you probably know nothing about, and don't know anybody!!!
I'd give this a little more thought before making such a move....
David......
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Alton you are looking at about 11 months for the fiancee visa.And right around 13 months for the marriage visa or longer.Maybe up to 16 months.
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Maxx,
some people have been getting them in 6 or 7 months as i have met
people at a coffee shop by the consulate and their wives and fiances were
already having their interviews. for some reason the process must be getting
a little faster at this time of year dont know but 1 day we were all talking and there
were 12 of us having coffee and trading stories
Ted
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Vince
Do you know or have a feel for how long the K-1 VISA takes versus the K3?
Alton
I believe they are only months apart (like 3)? It's always changing. They say "This visa takes BEST SPEED MINIMUM four to six months processing time" but it's more like 8 to 11? Depends on how they feel??
The main reason people who are K1 eligible consider the K3 process is that they believe the K3 visa will process more quickly. Even if USCIS happens to be processing K3 visas faster than your regional USCIS service center is processing K1 visa petitions at a given time, any apparent advantage in K3 visa processing times is usually deceptive. In theory, a U.S. fiancee can start a K1 visa petition immediately, provided they have all of the necessary documentation. To even start the K3 petition, they would have to get married outside the U.S. Unless the U.S. citizen is prepared to take that step and already has made travel plans, it could easily be several months before they will be able to start the K3 process, and the delay could more than wipe out any K3 visa processing time advantage.
In addition, before you can file a K3 visa application, you will need to be able to show that you filed an immigration petition with the USCIS service center that serves your region. This can easily add several weeks onto the process, while you wait for an official USCIS receipt or equivalent proof that you have filed the immigration petition to arrive.
Finally, the processing times at various service centers are not static: they can change greatly over time. It is entirely possible that, by the time you start your K3 visa application, either the service center that would have processed your K1 petition will have reduced its backlog, or USCIS will have fallen further behind in processing K3 applications (this seems especially likely if a lot of people decide to use the K3 process when they could have used the K1 process).
For all of these reasons, it is usually better for those who are K1 eligible to stick to the K1 process, and leave K3 visas to those who are already married. However, as noted above, every case is unique.
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David,
Yes, I see that I have not explained much. I have explored many options and am still open to a few. One is staying here in Georgia. I also considered at one point when the future of my store looked so grim of moving back to Oklahoma where my mother lives and going back into the oil business.
The moving a little closer was rather a tongue in cheek remark as I do not see myself moving, at this time, anywhere else in the US or to China over the next six years. My comment was to suggest that the sisters might want to live a little closer to each other.
A lot has happened over the last 4 months to help focus me a little. I am 5 years and 11 days away from a second retirement with medical benefits for the rest of my life. The medical benefits make it worthwhile should I stay in the US. Another 2 1/2 years and social security kicks in.
Business has increased somewhat and I think the store will make it. Couple with it that Peggy wants to live in the US a while and I think it is better to stay put for the mean time. She will do what I want, she has told me that.
It is easier to keep the same course than it is to go back and re-establish it after leaving.
I still want to do the export business. That interest has not changed.
Shaun
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Shaun like I posted to Alton.,It takes around 11 months for the fiancee visa.And 13 months on up for the marriage visa.There isn't allot you can do to speed the process up.But there is a few things you can do.Hire a good attorney.Keep after the attorney to get your application in the system.
As soon as you receive the application from your attorney.Fed ex the application to Peggy.As soon as she receives it help her fill it out.Have it fedexed back to you.Then get it to the attorney.And make sure the attorney assistant gets it all typed up.Once the application enters the system.You are playing the waiting game there isn't much else you can do.
Another way to speed it up.Is just take the application with you for the fiancee visa when you go to China.You can help Peggy fill it out.And then if everything works out between you to.You can hire the lawyer.And just hand him the application and tell him to get on it.You can download and print the application.At the government immigration web site.
Shaun these suggestion I'm offering will probably only save you 10 to 15 days.Plus the fedex fees.Plus the hassle of worrying if the application on Peggy side is filled out right.
No Shaun The fiancee visa isn't a waste of time.That is the visa I brought my wife to the states with.It is ussually allot quicker then the marraige visa.
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Alton you are looking at about 11 months for the fiancee visa.And right around 13 months for the marriage visa or longer.Maybe up to 16 months.
Maxx,
It looks like there is a 2 month difference. However, you are indicating up to 16 months for the married VISA.
When - how long ago - did you process your fiancee visa?
Thanks
Alton
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Ted I have heard other people say that it only took them 6 or 7 months to get a visa.I do not know any of these people personally.So i always put it down as Internet rumors.
It is highly likely with the slump in the American economy.That GZ isn't as busy as it used to be.The best way to tell is walk by the consulate in the mourning.Before they let everybody in.And look and see how big of a crowed it is.When me and my wife did this.There was five lines all the way to the street and people spread out between the lines.
We stayed at a hotel that was half a block from the consulate.So I seen the line everyday for five days.The line was the same everyday.
Alton 11 months.And we had the interview on March 23 2007
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Alton, Now you see what I was griping about in another post. They let some just walk-on in and we (the China connection) have to wait and wait?
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Maxx and Vince,
Thanks. I already have the application in my file to take to China. 27 days.
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Maxx and Vince,
Thanks. I already have the application in my file to take to China. 27 days.
Shaun, is this a time when you wish that March was one of those months with just 30 days in it!!!!
Problem is, as slow as it goes at home the faster it goes once here.
Willy
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ONCE YOU HAVE THE VISA,
Maxx it out....:icon_cheesygrin:
sorry guy's just had to do this....couldn't resist....:icon_cheesygrin: I'll go to my corner now.,.,,
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Maxx and Vince,
Thanks. I already have the application in my file to take to China. 27 days.
Shaun, is this a time when you wish that March was one of those months with just 30 days in it!!!!
Problem is, as slow as it goes at home the faster it goes once here.
Willy
Tis true McDuff.
ONCE YOU HAVE THE VISA,
Maxx it out....:icon_cheesygrin:
sorry guy's just had to do this....couldn't resist....:icon_cheesygrin: I'll go to my corner now.,.,,
Don, you have to stay in that corner for 24 hours, and yes you must face the wall the whole time.
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There is no wall, they removed it yesterday...:s In fact there is no roof or kitchen or anything. Nothing left but the floor, gotta use the johnny can outside as the bathroom is gone also. Hope they remodel soon
that johnny can is getting on my hate list.
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Rocky funny you say that, I'm remodeling a house (rental) and they tore it down to the bare walls? One of the helpers as soon as he got there wanted to know where the bathroom was? I said I'm standing in it. :icon_biggrin:
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Vince
Do you know or have a feel for how long the K-1 VISA takes versus the K3?
Alton
I believe they are only months apart (like 3)? It's always changing. They say "This visa takes BEST SPEED MINIMUM four to six months processing time" but it's more like 8 to 11? Depends on how they feel??
The main reason people who are K1 eligible consider the K3 process is that they believe the K3 visa will process more quickly. Even if USCIS happens to be processing K3 visas faster than your regional USCIS service center is processing K1 visa petitions at a given time, any apparent advantage in K3 visa processing times is usually deceptive. In theory, a U.S. fiancee can start a K1 visa petition immediately, provided they have all of the necessary documentation. To even start the K3 petition, they would have to get married outside the U.S. Unless the U.S. citizen is prepared to take that step and already has made travel plans, it could easily be several months before they will be able to start the K3 process, and the delay could more than wipe out any K3 visa processing time advantage.
In addition, before you can file a K3 visa application, you will need to be able to show that you filed an immigration petition with the USCIS service center that serves your region. This can easily add several weeks onto the process, while you wait for an official USCIS receipt or equivalent proof that you have filed the immigration petition to arrive.
Finally, the processing times at various service centers are not static: they can change greatly over time. It is entirely possible that, by the time you start your K3 visa application, either the service center that would have processed your K1 petition will have reduced its backlog, or USCIS will have fallen further behind in processing K3 applications (this seems especially likely if a lot of people decide to use the K3 process when they could have used the K1 process).
For all of these reasons, it is usually better for those who are K1 eligible to stick to the K1 process, and leave K3 visas to those who are already married. However, as noted above, every case is unique.
If I may, I'd like to clarify a few things here. First off, you do not HAVE to marry outside the U.S.-IF you can get your lady here for a visit, you can marry here. I did this with my ex, she came for a visit, we went to the courthouse here in the county where I live, got a marriage license, and got married. I was told by a lawyer friend that while technically she needed to go back, as a practical matter they would not make her go back. We decided she would go back, and then we'd go thrpough the K3 process. that way she could work when she came, instead of not being able to work while we waited out the process.
Also USCIS was reorganized a few years ago, the regional office won't handle your application. Various regional offices handle specific type of applications, unless they've changed it again since my ex and I went through it. My ex and I got caught up in this when we got married, they did this reorganization a couple of months after we married and it slowed the whole process down for us. I live in Missouri, and our application went to California-California, for crying out loud!!!!- and then to Conneticut. It used to be that your regional office handled every type of application/immigration issue related to people living in that region, but not any more. Unless, as I said earlier, they've changed it yet again.
You will go to your regional office for the status of adjustment interview though.
As a practical matter, from what I've read here, if you are going to do the K3 you'll have to go to China to get married, since it seems next to impossible to arrange a visit for them to come here. The K1, as I recall, would have been a much faster way to actually get married and have her here to stay, but getting the green card and status if adjustment interview would have taken longer, and been a bit more expensive if I remember right.
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I recall on here sometime in the past that according to US rules, you can get married here, I have forgotten how long she can stay after that, but it was suggested
that You can get married here, then go to china and get married agian. This is for the lady's sake so she can say she was married in china with all the relitives.
How ever, I did ask and was told that for her to come to America on a visit, she had to have so much money in the bank, which is I guess a guarentee that she would
return.
I ask a lawyer about this and was told that, she should come to America first and get married, then the marrage in China was only a formality, and it was faster
to get the visa's and cards you needed. By the way, the office Vince is talking about is in San Francisco, you also get China visa's there and passports. Vince knows
the whole shot, he is a great source of information.
By the way Vince, this remodel involves the entire roof being removed and NO outside walls or studs. Everything means everything, just the floor remains....and
even then they took the tiles and left only wood...(I thought this only happened when you owe the IRS...:icon_cheesygrin:) at least you got walls....haha
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Adjustment of status was right around 1,000.00 depending on what forms you botherd to fill out and send in.You don't need the permission to work or the permission to travel.Biometrics was like 30 dollers and the temporary green card came with the adjustment of status.
The biometrics is just a fingerprint and a picture taken it takes like 5 minutes.We recieved the biometrics appointment like 3 weeks after I filled for the adjustment of status.Then 2 weaks latter we recieved the temporary green card.The lady can travel on the temporary green card.
After you recieve the temporary green card.You can take it.And a copy of your marrage liscence.To any social security office and get your wife a social security card.It takes them about 3 weeks.
After 2 years the temporary green card expires.90 days before it expires you must.Apply for the permenent green card.You will recieve notification of another biometrics appointment. And possibly a interview from someone in immagration.You will only get the notification of the interview.If there has ben any problems.( you or your wife have had run ins with the police. Over domastic disputes ,assault and battery.Or any seriose crimes)
A big misconception is that at some point and time the lady is going to have to apply for citizenship.As far as i know that is not true.I have not recieved a notice from the goverment about this.My wife travels on her Chinese passport and her green card.We haven't had any problems.
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No, they don't have to become a citizen. My ex kept her Canadian citizenship, she was classified as a permanant resident. One thing though, they will not be allowed to travel outside the U.S. for a year. That was the deal breaker for my ex and I; she went back to Canada within that one year, and they took her green card at the border. As I understand it, the only way she could return now is to renounce her canadian citizenship.
Also, I wasn't trying to contradict Vince, I was just adding a couple of things I know from my own experience here. Mainly that you do not have to get married outside of the U.S. for the K3, I know that for certain because my ex and I got married here, she went back, and then we went through the K3 process. But that's really a moot point, since it is virtually impossible for a chinese lady to travel here to begin with, from what everyone has said here. And I remember that reorganization thing damn well, we thought we were looking at 6 months for the initial approval, and then it was almost a year because they juggled everything around and the California office got swamped with the paperwork for the K3 from all over the country. After that, the paperwork went to the Conneticut regional office and the rest was handled from there.
The adjustment of status interview will come 90 days before the 2 year anniversary of her entry date into the U.S.
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Maxx,
applying for citizenship is an option but not a requirement. also if they do that
they could and will lose any retirement they have in China.
Ted
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Ted,
Not necessarily, As i've pointed out before, ... what the Chinese authorities don't know about can't hurt them, financially or otherwise. Officially they lose any State benefits as soon as she is married to a foreigner, or take citizenship of another country. If she becomes a citizen of another country, then she will actually need an entry visa to enter her own country!!!! (only if the Chinese Authorities find out that is)
All Chinese women that marry a foreigner in another country, has to keep that marriage from being known to the Chinese authorities for the rest of there life. When they need to renew there passports, they have to keep to there single status and family name on the original passport, ...no big deal!! There is no restriction of a Chinese National living and/or working outside of China before and after retirement age.
It all sounds complicated and bothersome, but in reality it's not... Just have to remember when dealing with anything that involves Chinese Authority, to tell them nothing, or as little as possible and then only when asked. And never divulge your marriage status to a foreigner...
David....
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But then here's the question. When they renew their passports, do they have to submit their old passports? And how long does it take?
Case in point. Lady marries a foreigner while in the US (She visits for some reason). After a few years, her passport is about to expire so she returns to China (in the intervening years, she visits China say once or twice a year). If she submits her old passport, the office is going to notice that she's been in the US for quite a while...won't that be suspicious?
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mustfocus,
Nope, as i said there is no restriction on Chinese Nationals working overseas for any period of time.
The other thing is, ...there is no need to go back to China to renew your passport, that can be done at any Chinese Embassy or Consulate in whatever country you happen to be in.... No problems!! lol!!! Yes to renew any passport you have to submit your old passport. But all you want is a renewal, so whatever is on the old passport ie ...Name, Status, etc will be transferred to the newly issued passport ...and life goes on for another 10 years ...lol!!!
David....
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If the Chinese Embassy's are as efficient as the American Government they will never be caught unless you become a super famous and wealthy person. The only thing that would scare me is that the US Government is paying citizens to be bounty hunters for the IRS. Can you imagine if the Emigration Department begins to do that?
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Shaun,
no money for them to do this. the irs gives them a % of what the person owes when they collect
so in essence they dont pay for it beforehand. immigration would have to pay it out and were would
they get the money for that??
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Sig-Heil Shaun I agree. They are all good little Nazi's and turn all friends and neighbors in...yah yah....
But like Sargent Shultz, Yavol, I take bribes unt perhaps a little apple
strudel....:icon_cheesygrin:
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Yes, but I do not have Frenchie to make the strudel... It can't be just any strudel. I mean if Newkirk made it what would it taste like? Dynamite?
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Before I start. Maxx, no I did not re-ready this thread. I haven't the time to right now.
I know this started with a different visa but it kind of relates.
Today I was given the opportunity to purchase the store next door to mine. They are not ding well and right now with my new location I am doing much better. My partner suggested that I get it and put my scrubs in it and get other female clothing from China and turn it over to Peggy. Since I will be next door we will be able to overcome language difficulties as they occur. I kind of like the idea.
My question is this. If she came here with a ready made company for her would this speed up the time for her to be approved? Is it worth even trying, for a business visa?
Shaun
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Shaun not sure what re-ready means.But to answear your question.I would talk to a immagration attourney.My thinking on this.And my own opinion on this.Is lets say your lady doe's get a buissness visa.When you file the papers for the CR visa or the fiancee vissa.Your lady will have to go back to China and waite out the process.That is how the law is written.A good immagration attourney may know a loop hole in the law I don't
The more I think about it the more sure I'm.That you should talk to a attourney.The initial consultation is ussually free.And here is another thing you mite ask the attourney.How long is the wate on the Buissnes visa.It may make more since for you to run the store.And just apply for the Fiancee visa or the Cr visa.
When I did this my attourney told me under no circumstances was I to try and Change which visa I was applying for.My attourney said it was like starting all over again.And all I was doing by switching visa's was adding more time.
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Maxx,
I was trying to answer a question before you asked. But I do value your opinion. I will call someone.
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Shaun,
Business visa's are very much like a tourist visa, except that there purpose is for business, so they are very much temporary, and limited in duration. Great to get your lady over for a visit, but not much else, and certainly not to run a small business in America. I'm pretty sure she would need a green card or similar to do that.....
I'd stick to the Spouse visa, but there's nothing to stop you bringing her over on visits if she can prove that she has a business, and preferably an export business.
Business visa's are normally granted by the commercial sections of embassy's/consulates rather than the immigration section...
David...
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David,
Thanks for your info. I have met a Chinese couple who live here and run and export business from America. They are both Chinese nationals. He does not speak English and she does fairly well. They have an internet business and a store in the same market where my store is. I have asked her several questions including do you know someone who can teach me English. They are supposedly looking for someone. Some questions are met with a blank look and I don't understand. One of those is when I asked how it came that they were able to move to the US. I do know that they have brought other families over too and the ones I have talked to have the same response.
Bottom line is that they have moved to the US and started businesses on some kind of Visa and they are not willing to share with me how it came to pass. So, I know there is a way just do not know where to turn to find it or about it. :huh:
I am not saying this is what we should do but at this stage of the game I want to look at every possible option.
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Shaun,
Sounds to me as they've come over via the back door...lol!! Maybe they have a relative working in the immigration dept at one of the consulates that's pulling strings for them. Or maybe have gone thru a ''Fixer'' who has contacts at one of your consulates. Either way, your not going to get much out of them, they've been told not to say anything, and they Won't!!! hahaha!!
David...
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Hey Shaun , when you mentioned the other couple it maybe that they came in on special business visa's ie; they had enough capital to invest in America therefore they jump to the head of the queue , works the same here in Australia , so therefore one goes into the export - import trade from the U.S not the import - export trade , a suttle difference , maybe then Peggy goes into the export business from China - lots of reading for you on the Government websites ha ha .
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RobertBfrom aust,
They have or had a similar scheme in Canada, where they had to invest a minimum of i think 500,000 dollars and employ a minimum number of employee's within 24 months of the Visa being issued....
With that sort of money in hand, why would the Chinese go to the States, or Canada when they can live like lord and lady muck in China!! ...lol!!!
Another reason they are in the States is that they come up trumps with the Green Card lottery scheme!! ...it's a possibility !!!!
David....
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There are at least 5 couples in our area that I know of that both are Chinese. Two of them I understand. They are nuclear engineers with one of the nuclear power plants in the area. We have 4 reactors and will soon have 8. The other 3 families I do not know how they got here. And this is my small world of influence.