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K-1 success question

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Hello. I have stumbled upon this site through all the research i have been doing.

I am a US citizen who has a fiance in China. We are in the process of a K-1 visa paperwork.

I co-sponsored her for a F2A visa last year. It was denied and said "need to wait for F2B visa class to become current" and "Child Status Act does not apply." She is 25 years old (I am 30).

I also find out that she was denied a CR2 visa in 2006 and a F1 visa in 2008.

My question is, will the 3 prior denials effect the outcome of the K-1.

I make enough money for both of us and she has money saved up to not work for years.

She is from China. We talk everyday. Met once for 3 weeks in China. And plan to meet every 2-3 months in countries we can get visas to (Cananda next).

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Hello. I have stumbled upon this site through all the research i have been doing.

I am a US citizen who has a fiance in China. We are in the process of a K-1 visa paperwork.

I co-sponsored her for a F2A visa last year. It was denied and said "need to wait for F2B visa class to become current" and "Child Status Act does not apply." She is 25 years old (I am 30).

I also find out that she was denied a CR2 visa in 2006 and a F1 visa in 2008.

My question is, will the 3 prior denials effect the outcome of the K-1.

I make enough money for both of us and she has money saved up to not work for years.

She is from China. We talk everyday. Met once for 3 weeks in China. And plan to meet every 2-3 months in countries we can get visas to (Cananda next).

Why was she denied for CR2 and F1?

It seems F2A, CR2, and F1 visas are quite different from K1 or Spouse Visa.

If you have any concerns, I'm wondering if spouse visa would strengthen you case.

With fiancee visa, there is no guarantee of ensuing marriage,

but with spouse visa, you are already demonstrating that you are FULLY married

and would like to bring your wife to US.

I'm no immigration expert, but if I was in your shoes, I may opt for the spouse visa instead.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Hello. I have stumbled upon this site through all the research i have been doing.

I am a US citizen who has a fiance in China. We are in the process of a K-1 visa paperwork.

I co-sponsored her for a F2A visa last year. It was denied and said "need to wait for F2B visa class to become current" and "Child Status Act does not apply." She is 25 years old (I am 30).

I also find out that she was denied a CR2 visa in 2006 and a F1 visa in 2008.

My question is, will the 3 prior denials effect the outcome of the K-1.

I make enough money for both of us and she has money saved up to not work for years.

She is from China. We talk everyday. Met once for 3 weeks in China. And plan to meet every 2-3 months in countries we can get visas to (Cananda next).

I agree with DualityOneness. Go for the CR1.

Good luck :)

Edited by YouAndMeForever

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Thanks for the input.

She said the CR2 denial in 06 was because they suspect her mom and husband were not legitimate.

The F1 denial was because they suspected she wanted to immigrate here and stay longer than allowed.

I have been researching marriage in Canada. As far as I know, you do not need to be a Canadian citizen to marry there so I think we can marry there.

But my other concern is, if we marry in Canada, will it look bad? Should I marry in China instead?

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*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing visa paths. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Thanks for the input.

She said the CR2 denial in 06 was because they suspect her mom and husband were not legitimate.

The F1 denial was because they suspected she wanted to immigrate here and stay longer than allowed.

I have been researching marriage in Canada. As far as I know, you do not need to be a Canadian citizen to marry there so I think we can marry there.

But my other concern is, if we marry in Canada, will it look bad? Should I marry in China instead?

Lots of foreign nationals used to go to Canada to get married because they recognized same sex marriages before other countries. You would have to apply for a marriage license before you arrive.

Personally, I would get married in China for two reasons. First it would not raise any questions during the interview and second, her family might appreciate it more.

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well, she now has a history of 'intent to immigrate' and this is going to raise flags at uscis and the IV Unit in Guangzou.

Since a CR-2 was chased after, there's a casefile complete with consular comments sitting in the national records center, and it'll get reviewed during any I-129F petition review.

Just keep in mind, that the rules for adjudication are not the same, CR-2 vs F1 vs F2a vs K-1 vs CR-1.

In some instances, failing in 1 or 2 categories doesn't hurt the K-1 or CR-1 - but since the Consular Ruling was 'attempting to immigrate' it may very well be that the next atttempt (ie, a K-1 or CR-1) may be viewed as 'yet another attempt to immigrate'

so

I strongly suggest you to engage an attorney, one particular attorney, goes by the name of Marc Ellis Google 'Marc Ellis Immigration' and you'll find his web site. Engage him. Pay his fees.

Nota.Bene.: I rarely recommend attorney usage here, or even a particular attorney, unless something is untoward. You, Sir, have an uncoming casefile that will be labelled 'untoward' by USCIS and the IV unit. You and her will need to generate more stuff for the I-129F Petition - Marc Ellis can guide you about it.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Thanks for the input.

She said the CR2 denial in 06 was because they suspect her mom and husband were not legitimate.

The F1 denial was because they suspected she wanted to immigrate here and stay longer than allowed.

I have been researching marriage in Canada. As far as I know, you do not need to be a Canadian citizen to marry there so I think we can marry there.

But my other concern is, if we marry in Canada, will it look bad? Should I marry in China instead?

With all the difficulty she's had with USCIS, I would definitely get married in China.

Besides, in most instances wedding in China is essentially all covered by the family/friend's gift money.

Based on all the circumstances, I think the spouse visa would be better for you.

Just build up lots of relationship evidence now.


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

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Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

your marriage in china is recognized here in the U.S.

You can have the wedding ceremony again here in the u.s if you want, but no point in getting another marriage certificate.

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What about for insurance issue. At my work, if one gets married, they have 30 days to add them, if not we have to wait for the next enrollment period.

you can get married in china, and let your company know, have them add your wife to the insurance. You don't have to wait till you get back to the states to add your wife to your insurance.

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but you can wait, as 'recent immigration' - ie - a POE event, is a life-changing thing that the head of the insurance company allows. Sure, most insurance staffers are ignorant about it, but hey.


Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

Marc Ellis - I sense you not use the Google.

Are you on a handphone? turn it off, pull the battery, get on a PC.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Thanks for the comments. Are any other law firms that come recommended. I want someone local to Los Angeles.

Also if we get married in China, can we get married again in the US? Just feels incomplete without getting married here.

Marc Ellis has a 714 area code. You should really give him a try, he has loads of experience with this kind of case. You may only need 15 or 20 minutes on the phone to get the advice you need.

Get married in China and then again in the US, no problem at all....except for your savings account.

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