I'm America, she's Russian and we want to marry in China

[mrathell 0]

Sorry for posting in two forums, I couldn't decide which one it belongs in.

I am an American living in Beijing on a Z visa (work). I have been here in China almost five years.

My fiancee' and I are planning to get married here in Beijing in April or May.

My fiancee' of five years is Russian.

My questions are:

1) Can I apply for the I-130 (k3 visa) for her here in Beijing? (we will be married in Beijing)

2) I plan to go back to America (Wisconsin) in June, so can I begin the process in China and finish it in America?

3) What is the current wait time for doing it in China versus America?

I am trying to determine if it is easier and quicker to:

1) get married first in Beijing and then file the I-130 (K3 spouse)

or

2) Do not get married in China, go back to America in June and file a I-129F(K1 fiancee visa).

Also, she has never been to the US (although she speaks perfect English), She has never tried to come to America and she doesn't have any kind of criminal records. Both of us are here in Beijing working with valid work permits.

*** Although I file my US taxes every year, my income the past five years has been paid to me in cash (RMB) by my Chinese employer. None of my income has been US earned income.

*** China does not do 'Direct Consular filing'

[Gary and Alla 3,694]

Sorry for posting in two forums, I couldn't decide which one it belongs in.

I am an American living in Beijing on a Z visa (work). I have been here in China almost five years.

My fiancee' and I are planning to get married here in Beijing in April or May.

My fiancee' of five years is Russian.

My questions are:

1) Can I apply for the I-130 (k3 visa) for her here in Beijing? (we will be married in Beijing)

2) I plan to go back to America (Wisconsin) in June, so can I begin the process in China and finish it in America?

3) What is the current wait time for doing it in China versus America?

I am trying to determine if it is easier and quicker to:

1) get married first in Beijing and then file the I-130 (K3 spouse)

or

2) Do not get married in China, go back to America in June and file a I-129F(K1 fiancee visa).

Also, she has never been to the US (although she speaks perfect English), She has never tried to come to America and she doesn't have any kind of criminal records. Both of us are here in Beijing working with valid work permits.

*** Although I file my US taxes every year, my income the past five years has been paid to me in cash (RMB) by my Chinese employer. None of my income has been US earned income.

*** China does not do 'Direct Consular filing'

1.You apply for a K-1 or K-3 with the USCIS in the USA. You can mail the forms from China

2. You can mail the forms from China to the USA and finish it in the USA, yes

3. It must be "done" in the USA, or at least started in the USA, the process will be finished in the country your fiancee/spouse lives in. Since China does not do DCF

4. Generally K-1 visas allow you to be together in the USA faster

No problem with income, you have a history o fincome but you will need to show support in the USA

[mrathell 0]

Thank you Gary and Alla for such detailed and invaluable information. I really appreciate you taking the time to answer my questions in such detail.

I do have some other questions

Because we plan to get married here in China, does she has to stay in China to have her interview in the country where we were married?

I read some where that even though she is Russian and I am America, she must have her interview at the emabssy in Country where we were married in, so if we are married in China, then the interview must be in China. Is this true?

If it is true, can she leave and go to Russia and return to China for the interview?

When they inform you of the date for the interview, is it usually a 1, 2, 3 week advance notice or what?

Do you believe that it would be easier, less complicated and much faster to do the K1 fiancee?

Thank you again in advance.

[payxibka 10,045]

Sorry for posting in two forums, I couldn't decide which one it belongs in.

Post it only once... it will get moved properly if it is in the wrong forum

[payxibka 10,045]

Thank you Gary and Alla for such detailed and invaluable information. I really appreciate you taking the time to answer my questions in such detail.

I do have some other questions

Because we plan to get married here in China, does she has to stay in China to have her interview in the country where we were married?

I read some where that even though she is Russian and I am America, she must have her interview at the emabssy in Country where we were married in, so if we are married in China, then the interview must be in China. Is this true?

If it is true, can she leave and go to Russia and return to China for the interview?

When they inform you of the date for the interview, is it usually a 1, 2, 3 week advance notice or what?

Do you believe that it would be easier, less complicated and much faster to do the K1 fiancee?

Thank you again in advance.

There are two spousal visa types... the required I-130 is petition for immigrant (CR/IR) visa and the follow on optional filing of the I-129F (K-3)

Answers will depend on which visa you ultimately get... you can pursue both up to a point in time then you decide

K-3 interviews are in country of marriage

Immigrant visas are in country of residence... so if she returns to Russia it could be Moscow.... Avoid Guangzhou if you can because it is notoriously SLOW

[mrathell 0]

There are two spousal visa types... the required I-130 is petition for immigrant (CR/IR) visa and the follow on optional filing of the I-129F (K-3)

Answers will depend on which visa you ultimately get... you can pursue both up to a point in time then you decide

K-3 interviews are in country of marriage

Immigrant visas are in country of residence... so if she returns to Russia it could be Moscow.... Avoid Guangzhou if you can because it is notoriously SLOW

So if we are married in Beijing and only file for the CR/IR, she can have her interview in her country of residence (Moscow)?

It seems as though the CR/IR will give her the option of having the interview in her home country (Russia) or in the country where we will be married (China). Is this true?

Will the information we provide on the application for the CR/IR tell them which location (Russia or China) to schedule the interview?

It seems as though the CR/IR is much better than the K3, why would a couple choose the K3? I'm looking for the advantages.

Thanks again for being so patient and detailed in your responses.

Edited April 14, 2009 by mrathell

[payxibka 10,045]

K-3 advantages are not so much anymore... huge advantage a few years ago when IR visas were taking 2-3 or more years

[meowmeowmeow 1]

yes you can marry in china....i'm an example of what you're going through. husband is syrian, im american, we married in turkey and im going the cr-1 route...best of luck to you!