Which VISA or options are best? (Thanks for the help)

[jamesd536 0]

Hi All,

I am from the USA and have lived abroad in China for the past 8 years more than 10 months per year. I have no tax returns and use my parents address for mail. As a result, I have not paid taxes during this time because my income is below 80K per year.

I have been together with my fiancee for about 2.5 years. She is Chinese and we want to get married, but are unsure of which path to take regarding the VISA process. We currently reside together in China, but I would like to come back to USA with her (Because my parents are older and I am concerned about their health)

Which VISA application is best for us?

Do we get a K1 Fiancee VISA or get married in China and then apply for the VISA process with our China VISA documents. Possibly the I-130?

I am concerned about the K1 VISA because she should have the ability to travel freely back and forth from China to the USA while in this process to visit her family and both of us travel for business to China likely.

Mainly I am interested in which VISA will have the fastest approval with minimal amount of hassle. Cheaper would be nice too, but it is not necessary. From what I have read and discussed with friends here in China is that the VISA process can become very problematic.

Also, is there anything to worry about regarding proof of relationship? We do own an apartment together in China and have photos and email documentation... and so on.

I welcome your suggestions and your help.

Thanks,

James

[Gary and Alla 3,696]

Hi All,

I am from the USA and have lived abroad in China for the past 8 years more than 10 months per year. I have no tax returns and use my parents address for mail. As a result, I have not paid taxes during this time because my income is below 80K per year.

I have been together with my fiancee for about 2.5 years. She is Chinese and we want to get married, but are unsure of which path to take regarding the VISA process. We currently reside together in China, but I would like to come back to USA with her (Because my parents are older and I am concerned about their health)

Which VISA application is best for us?

Do we get a K1 Fiancee VISA or get married in China and then apply for the VISA process with our China VISA documents. Possibly the I-130?

I am concerned about the K1 VISA because she should have the ability to travel freely back and forth from China to the USA while in this process to visit her family and both of us travel for business to China likely.

Mainly I am interested in which VISA will have the fastest approval with minimal amount of hassle. Cheaper would be nice too, but it is not necessary. From what I have read and discussed with friends here in China is that the VISA process can become very problematic.

Also, is there anything to worry about regarding proof of relationship? We do own an apartment together in China and have photos and email documentation... and so on.

I welcome your suggestions and your help.

Thanks,

James

You could possibly qualify for a DCF if China has those, not sure. Check the guides. Your other option is the CR-1, again read the guides, they have much more info than anyone can post in response to your question

Regarding taxes, you will need to file tax retruns for the past three years. Living outside the US most of the time does not exempt you from filing a return. You may or may not owe tax. I am not sure where you get that idea that making below 80K exempts you from tax returns or paying tax. I cannot assess your tax situation and "below 80K" can mean $13,000 or $5,700, I do not know, but being exempt from income tax is not the same as being exempt from filing tax returns. You can google the 1040 and year you need, file the taxes, if no tax is owed their is no penalty. You will not be able to adjust status without the tax returns OR a valid explanation of why you did not, citing the tax code for your particular exemption from filing. "I was in China 10 months and made less tha $80K" is not one of the exemptions.

[Azzudiin 26]

Definitly DCF best option, least amount of hassle

[Nik+Heather 122]

Direct Consular Filing (DCF) will result in a CR-1 visa - this is an immigrant visa, and your wife (you must be married already to apply) will receive an I551 stamp in her passport at POE - this is effectually a green card, and then the physical one comes in the mail a little after that. With the CR-1 visa, since it results in a green card immediately upon arrival, she can work right away, and travel internationally as she likes without waiting for Advanced Parole (AP) approval.

DCF times are MUCH shorter in general than any other visa option. You apply, as the name implies, directly to the consulate, so the process varies from consulate to consulate. Check out the embassy's website for yours.

You may find that you have a problem establishing a "domicile" in the US, and you may need to precede your wife to the states in order to set up a household there. I am sure that the DCF forum and your regional forum will be helpful in your research to find what you need to do to prove that. You will run into this problem regardless of which visa you apply for, or which method.

[Stephen + Elisha 92]

As far as the visa goes, marrying in China and direct consular filing (DCF) for a CR-1 sounds like the best option for you: it's the cheapest, probably the fastest, and allows much more freedom of travel than the K-1/AOS route. Based on what you've said, it sounds like you're eligible. (see http://guangzhou.usembassy-china.org.cn/ir...sas_spouses.htm for more info)

Gary was correct: while foreign earned income of up to approximately $87,500 is exempt from US taxation, you must still file US tax returns each year in order to report the income and claim the exemption. This involves filing Form 1040 and Form 2555 (or 2555EZ). You need to get your tax situation squared away before you get to the affidavit of support stage.

[Stephen + Elisha 92]

You may find that you have a problem establishing a "domicile" in the US, and you may need to precede your wife to the states in order to set up a household there. I am sure that the DCF forum and your regional forum will be helpful in your research to find what you need to do to prove that. You will run into this problem regardless of which visa you apply for, or which method.

Good catch. Even with DCF you have to show that you have a US domicile or are at least in the process of establishing one. As Guangzhou is a difficult consulate, I suspect they are sticklers on this point.

[Darnell 8,480]

Hey - mostly I'm echoing the posters above me, but...

1. file yer tax returns asap.

2. make sure you can prove up the domicile in the usa by 'interview day' time tick. bring all evidence of us domicile to the interview. a letter from yer parents stating 'they can live with us' is not sufficient - you need at least a rental agreement.

3. review the I-130 instructions - there's 6 areas of proving up a bonafide marriage - pay attention to those as you go through the process of getting married, gather evidence along the way, to add to your current pile. I've got a list over at http://www.chinafamilyvisa.com/forum/index...mp;showentry=14

Good Luck !

Edited October 26, 2009 by Darnell

[TracyTN 237]

http://www.visajourney.com/forums/index.ph...mp;page=compare

[pushbrk 13,982]

because she should have the ability to travel freely back and forth from China to the USA while in this process to visit her family and both of us travel for business to China likely.

You have good answers already but this little section concerned me. "She" would have the same ability to travel to and from the USA during the process that she has now. In most cases, that's none. When she has the CR1 visa, she's free to travel. From filing until visa issue, things are as they are today, for the most part.