I've been reading through the posts here, and asking questions on other forums, and I still really don't understand where to start.

My girlfriend and I met in France four years ago, and we've been together ever since. We've been living in Taiwan now for about two years. Next year, I intend to start grad school in the US, and we've decided to tie the knot. One of the main reasons we were waiting is because, even after having been together for three years, most of my family and friends hadn't even met my girlfriend. But, we recently spent four months in the US, and everybody adores her. Mission accomplished, on to phase two.

My first concern is this: MONEY. We have very little of it. We're both students, more or less, though we've had several different jobs over the last several years. Nothing that makes much money, compared to how much we spend on our studies at least. Is this going to be an issue? Say I only have $3000 in my bank account and no job (intentions to go to school) when I apply for whichever (see next question) visa I'm supposed to apply for. Are they going to tell me that I can't bring her to the US with me?

Which visa should I be applying for? OR Would it be easier if we got married in Taiwan first? This, I guess, is to say, should we be applying for a fiance visa or a spousal visa?

TAXES: I saw that some people mentioned I should file three years of tax returns. I've only filed taxes once. Is this going to be a problem?

How long should I expect this to take? We're planning on going back to the US, probably, around next May.

....what else?

Any other advise as two how we can get the ball rolling, feel free to fill me in. I'm totally in the dark. I know plenty of Americans here who've married Taiwanese, but they've stayed in Taiwan, so they haven't dealt with all this mess.

God. I hate applying for regular visas, but this is looking like it's going to be the mother of all frustrating application processes!

First, what is your status in Taiwan? Working? Student? That determines whether you are qualified to file directly with the US consulate in Taiwan. (http://www.ait.org.tw/en/visa/iv/IV_info.asp)

You need to be married and filed CR1 if you want to do a direct consulate filing.

I would advise you to explore that option and avoid filing with USCIS service centers in the US at all cost . It will save you a lot of headache and heartache in the long run.

You can get a co-sponsor, financial requirement for the visa usually is not a big problem, you can get your parents or family members to be co-sponsors.

HTH
Leah

I agree. Co-sponsor solves the financial problem and is quite common for college students. Check out whether you qualify for a Direct Consular Filing. If you do or will soon, marrying soon and filing DCF will be your most reliable and efficient method.

You start by learning more through reading the guides and clarifying questions in the forums.

Sorry for the late reply, things have been quite hectic for the last couple of days, as we're still searching for jobs.

Right now, I'm a student. I'll likely be getting my work ARC soon. If it's worth anything, I was in Taiwan for fifteen months before coming back in May after four months in the US. I don't know if that changes anything.

I'll look into the direct consulate filing. How long should we do that before going back to the US?

I used my best forum etiquette, searching all of the guides and forums before posting this. The problem was that I just plain didn't understand what people were saying or where my situation fit with those of others.

I think thats common that you couldn't understand at first, we all go through the same, all the Acronyms, you can start looking through this link for acronyms and definations.

As per DCF, since you are trying to search for a work in Taiwan, so I assume you do have a residential visa there, or any other visa other than tourist visa.

You might want to email Taiwanis embassy and sort out your 4 months away from Taiwan question. Usually you have to be living in any given country for at least 6 months prior to filling DCF (direct consulate filing) in that specific country, but I know for sure in India that is 3 months, so its better to look through US consulate/embassy in Taiwan for the requirement.

If your are a U.S citizen and married a foreign National ... you can stay in the foreign country for 3-6 months and file for DCF ....( direct Consular Filing) ..the fastest way to bring your spouse to U.S.... i have a friend you got married in march and his spouse should be here soon ..... a co-sponsor can solve the financial issue in U.S .... being a student is a good thing .... man if i can get off form work for three months .. my wife will already be here

I was suggesting "start" as in from this moment forward and "more" as in more than now.

There is no "Taiwanis Embassy" (and if there were that wouldn't be the place to go) and no US Embassy in Taiwan. The equivalent in Taiwan is the "American Institute" but it provides Consular services. You'll want to check with them about DCF residency requirments. There may be an issue as a result of you leaving Taiwan and then returning but they'll be able to clear that up for you.

So, things have been changing here, and my girlfriend and I have decided to get married and go back to the states before Christmas.

....that's until I went to AIT today and learned that I am not, in fact, eligible for direct consular filing. She said that despite the fact that I've lived in Taiwan for over a year and a half over the last two years, the fact that I left and came back two months ago makes me ineligible for DCF. She said that up until recently, this would have been a problem, but, much to my elation, they've changed the policy and I can no longer use DCF.

So, I'm trying to figure out what my options are now.

My first question is this: do I absolutely have to return to the US to file with USCIS? Is it at all possible for my parents to file for me, explaining that I'm a student in Taiwan?

Finally, if that doesn't work, what would happen if she got a student or work visa before heading back to the US and we got married during the time that she's there? I'm sure the gov't doesn't let you get away with that very easily, but I'm wondering how strenuous the process becomes when done that way. Would she still have to leave and come back? I'm very hesitant about using this method, I'm just curious how bad the consequences are if we take this route.

The only thing I've found so far suggests that the aforementioned would be possible: http://answers.yahoo.com/question/index?qi...06104118AAaKIPH

If, in the end, we decide we absolutely must do this legitimately and I leave Taiwan in mid-November (when my studies are over here), how long would it be before she could be with me in the US? I've heard people saying to avoid USCIS at all costs, but I haven't seen exactly how long it takes.

Did they say what the residency requirement for DCF is? If it's 6 months like it is in Sydney, you could always wait until November to file?

I'm pretty sure that you have to be in the US at the time of filing. There are a lot of documents needed, plus you will need to sign forms and such.Your parents can't do that for you.



This is considered fraud as you both intended to get married before she came to the US; you see, she's claiming to come over as a student but in reality, she would be a fiancee and being married, that's the fraud part.

I would say it would be best to return to the US for school and apply for the K1 visa. She can still come and visit you during the process if she has evidence of ties to her country. It does mean seperation and time, but it's the same boat as all of us.

Someone might know another way on here, though.

You MAY qualify to file DCF by November/December if the residency requirement is 6 months. Again, you need to check with the consular office whether that will be possible.

You can fill up the paperwork and submit in person before you leave, you don't have to stay behind nor present for the subsequent process. Your wife can join you later. DCF is the fastest route, so the shortest separation for you and your wife. You can find out from the consular office roughly how long DCF in Taiwan will take.

Keep in mind, filing with USCIS service center is taking 9-12 months if you are lucky, if you are unlucky like some people here who have waited for years. So, if staying a month or two longer in Taiwan will qualify you for DCF is still worth it, IMHO.

Leah

Just read this on the AIT's website:


Which means you could wait until November to file the I-130 to do DCF depending on what your visa status in Taiwan is.

As for the length of stay before I can use DCF, it is indeed six months.

So, if I arrived on May 29, I assume I can do DCF on November 29. Some questions:

Does this mean we have to be married before Nov. 29th, or can we also use DCF if we're going to actually say our vows in the US? (this is the plan, because her parents only care about the big family dinner, and my parents will likely want us to have the ceremony itself in the US).

Once we start the DCF process in November, how long will it take? I assume it won't be less than a month, allowing us to get home for Christmas.

Finally, I know I'm not going to get much sympathy on this forum if we have to spend time apart. I realize a lot of you have probably had to deal with it. Yet, we already spent a year on different continents, and I want to avoid that at all costs.

Soooooo...wait. If I'm a student for three months, then I get a job for the next three months, does that count towards the six months? That whole mention of student status not being considered is confusing.

You have to be married first before filing the I-130. You could always do your paper wedding in Taiwan, then have your actual wedding ceremony after you arrive in the States- this is what my husband and I did when we applied for his Aussie spousal visa last year (paper wedding in February, lodge visa application in March then actual wedding in July)

Not sure what the processing time for DCF in Taiwan is but for Australia it's 2-3 months and other countries that I've read about on Visajourney seem to be the same.

Just wondering, what is your visa status in Taiwan? Because the info I posted above says that those on student visas are ineligible for DCF

Um.. I'm not sure. Might be a question for the AIT unless someone else here knows the answer.

If you do find out that you are eligible for DCF then it's a good idea to start preparing your documents now (tax return copies, police certificates, etc). The more organized you are the quicker the process will be.

As for the length of stay before I can use DCF, it is indeed six months.

So, if I arrived on May 29, I assume I can do DCF on November 29. Some questions:

It looks like that. But, always confirm with the consulate.:-)

Does this mean we have to be married before Nov. 29th, or can we also use DCF if we're going to actually say our vows in the US? (this is the plan, because her parents only care about the big family dinner, and my parents will likely want us to have the ceremony itself in the US).

You can do a civil registration in Taiwan and church wedding in US, you need the marriage certificate to file DCF.

Once we start the DCF process in November, how long will it take? I assume it won't be less than a month, allowing us to get home for Christmas.

Every country is different i.e. it takes 4-8 weeks in Malaysia, you need to find out from your consulate.

Finally, I know I'm not going to get much sympathy on this forum if we have to spend time apart. I realize a lot of you have probably had to deal with it. Yet, we already spent a year on different continents, and I want to avoid that at all costs.

We have spent more time apart than together in the last 3 years that we are married! We regretted we didn't do DCF before my husband left for US. Then again, it was not THE plan to move back to US yet when he left, circumstances changed.

Leah

Yeah, looks like we're posting at the same time. I've already mentioned it, but I'll say it again.

I'm a student now, but I'll be getting a work ARC soon, which means that by the time that I do the DCF, I'll have been in Taiwan for six months, but I'll have had an ARC for about three. Does that count?

Just curious, will you be able to get a work ARC right away? As I understand that work authorization in Taiwan may take a couple of months to process.

Leah

If I remember correctly, it should take about a month. I start tomorrow, by getting the medical exam. That would mean that I'll have had my ARC for about 3 months when we start DCF.

I know people like the DCF. If you simply get married today, fill out the I29 F and the g235 forms and mail those in, your looking at your spouse coming in on K3 visa by next march. If you DCF in november, your wife coming on CR1, your looking at may time frame

The difference btw K3 and CR1 will be that your spouse has to still adjust status in US with K3 but with CR1 she is already done with the process.

You dont really have to be in the US to file. You can file and then go back to Taiwan.

The process is not complicated

I think you need to find out directly from the AIT whether they will accept this as residency. You don't want to wait until November, file and then realise that they won't accept it and you are back to square one.



I don't think DCF takes as long as 6 months..

i agree 100000%...do not do this...do not bring her in as a student or a visitor visa with the intension of getting married here and adjusting status....there are strict rules and provisions against this and is considered visa fraud....consequence #1: permanent denial of entry to the US. i am sure u dont want that headache in your life.
i think the best option for you is to file for K-1 visa. some people also have the civil wedding in a foreign country and then do the traditional wedding later on....which is ok as long as you can prove that u have an ongoing marital relationship and that you consumated ur marriage.

Just out of curiosity, is it simply an issue with Taiwan that I would have to return to the US to file I-129 papers? Is it possible for me to go to another "real" Embassy/Consulate (instead of the de facto one we have here) in the region to file the necessary papers for an I-129, instead of waiting for my time to get started on a DCF process? Or would that still take longer than waiting until the end of November to file?

That's to say that I just saw that USCIS, if I understood correctly, has an office in Hong Kong, which would be a lot more convenient than heading back to South Carolina, pretty much the farthest possible place I could live in the US from where I am right now.

You can file I-129F with USCIS service center from where you are, so long you maintain US domicile.
Or you can have the I-129F mail l to a family member, have her mail the package to the Chicago lockbox address.

Leah

These are the options you have:-

Unmarried
- you file I-129F petition with the USCIS service center, Vermont or California, depends on where's your residence in US.
- The I-129F petition results in a K1 visa for your fiancee to enter US with the intention to marry you within 3 months.
-She then has to adjust status to get work authorization and green card.


Married
- you can file I-130 petition with the ATI (if you qualify) which is DCF. That will get your wife a CR1 to enter US. She will receive the green card in the mail a few weeks after the visa being activated. She can apply SSN, driver license and can work immediately.

-if you do not qualify for DCF, you file I-130 with USCIS service center.
-you have a choice of filing I-129F after you receive the notice of action for I-130.
- Filing I-130 alone gets her on a CR1 path.
- Filing I-130 and I-129F gets her on a K3 path.
- K3 was started as a non immigrant visa for spouse who has a pending immigrant visa to shorten the separation period, but for many countries, K3 and CR1 do not vary much in time.
- With CR1, she gets green card, can work and SSN within a few weeks.
- With K3, need to file for work authorization and adjustment of status (AOS), she will get green card when AOS completed, which can take months. Choose K3 path carefully, it cost more, involve more paperwork and your spouse won't be able to start work immediately.

You do not need to be in the US to file any of this, but you need to maintain US domicile.

It's advisable to have a US address and a reliable person to receive correspondences from USCIS, so you can avoid delay and uncertainties of International mailing system.

Leah

Leah, I really appreciate you taking the time to write all of this out. I actually had to read it three or four times to grasp what it laid out.

I still have some questions, if you don't mind.



So, for instance, if my parents' house is my permanent residence in the US, I can just mail all my stuff to Vermont, and they'll send all the resulting documents to my parents? Do you have any idea how long the above would take.

I should note here, that I talked to my parents today, and, contrary to what I mentioned before, they said that if we have to get married here first, then that's fine. They just want us to get back to the US as easily and quickly as possible.



You mention "a few weeks after the visa is activated." How long does it take for the visa to be activated?



Leah (or anyone else), if you were me, which of the above paths would you take? Which one do you think would be best, taking both time and money into account? (putting just a little more weight on the "time" side)

I'm really looking for the fast way to get back and settled in the US, even if it costs a little more or if it means that my fiance can't work right away. If it costs an arm and a leg, though, we'll have to settle for a slower method.

Your case is very simple. File for I130 with Vermont and then apply for K3. In my opinion it will be March before your spouse can come here. Time flies. Its already coming close to the end of the yr.

Even though with DCF you can apply in Nov, there is approval time, interview date time, affidavit of support etc. You may not gain a lot of time but what if you found out in Nov that you were ineligible.

If you are interested in marrying you GF, why even consider the fiance visa. Your with your fiance right now and K1 will not save you a lot of time.

I would like to cue in a response here if I may, If the op hasn't notice or been told, vermont is slow on cr1's but really fast on K1's from what I have seen. There are a great many people that have been waiting 6 plus months or more (some over a year) for Vermont to give a noa2 for their I-130. This is also somethbing you should take into consideration.

Vermont is currently fast for I-129F fiancee petition but has a backlog for I-130 petition.

(1) File the I-129F for fiancee a.s.a.p, hopefully by the time you are about to leave in Nov/Dec, the petition is approved.

(2) File with ATI in Taiwan (you need to find out and be sure you are qualify)

First option is fast, but then you continue to deal with USCIS and it cost more in the long run. Need more paperwork for work authorization and green card.

Second option is fast, cost less and no paperwork needed for work authorization and green card. You do not have to deal with USCIS except when it's time to remove condition on her 2-year conditional green card.
But then, you need to meet the DCF requirements in Taiwan.

The third option is to file with USCIS service center, I-130 or both I-130 and I-129F, Vermont has a very severe backlog for this. So, I would skip this option if I am in your shoes.

So, I'm sitting around on my Sunday, trying to sort all of this stuff out.

I'm looking at the stuff for the K-3 visa (http://www.visajourney.com/faq/k3k4visa-outline.html). Let me see if I understand this:

1) we get married here in Taiwan
2) I send the I-130 info to USCIS in Vermont
3) They'll send the receipt (the I-797)to my parents' house in South Carolina, which they will send to us in Taiwan
4) I then file an I-129F visa "using the I-797 receipt as 'proof of filing an immigrant petition'." [Why? I thought the I-129F visa was a fiance visa. Also, what's this mean: "There is no fee for petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen."]
5)"When the petition is approved, it is sent to the NVC for processing and then the appropriate Consulate is notified and processing for the K3/K4 non-immigrant visa is begun, including medical, police check, I-134 affidavit of support, and Consular interview. The fee will be the same as the current K1 fiance(e) visa."
6)My then-wife will receive her K-3 visa and can come to the US
7) In the US, she will apply for adjustment of status (I-485) [Does this really costs $1,010? Did I miss something?]

Is this correct?

Is there a place that outlines all of the fees for CR1, K-3, etc.?
Is there a way to have an idea of what the time involved in each step of these procedures is?

K3 was originally introduced in 2001 (I think) to shorten the separation for married couples. While waiting out for the I-130 to get approved, the spouse of USC gets a K3 to enter US and then adjust status.
The whole idea of filing I-129F for spouse is: you must have a pending I-130. That's why there's no fee for filing a I-129F along with I-130.
But, along the way, there is some misunderstanding among this bureaucrats, they now don't approve I-129F until your I-130 is approved, which defeats the purpose of its original intention.

Yes, it's confusing, married couples use the same I-129F to file for K3, the unmarried couple use the same form to file for K1, that's because they never get around to come out with a new form.

Currently, for many countries, the time difference between K3 and CR1 is probably 2-3 months.

As you pointed out, there is $1010 for adjustment of status for K3 holder. Another big disadvantage is you continue dealing with inefficient USCIS for work authorization, green card and remove condition. She cannot work until her work authorization is approved.

For CR1, the total cost is less, she gets a visa to enter US, receives a 2-year green card in the mail few weeks after her entry to US and can work immediately. The next time you deal with USCIS is when it's her turn to remove condition on her 2-year green card to get a 10-year one.

I have seen several threads on VJ that outline the cost for both CR1 and K3, do a search on VJ, I am sure you can pull up quite a few.

Leah

UPDATE:

I emailed AIT and explained my situation in more depth, clearly stating several times that I had only been here for two months this time, but that I could prove that I had been here for a total of 20 months of the last 24. The response said that they view all petitions on a case by case basis, which is kind of uplifting to me, because they didn't say "no." Am I wrong to think that there's still a chance that my 15 months before will be able to count for DCF?