Weighing visa decisions

[wowbagger_mk 0]

Hello, I am an American who is an English teacher in China and have met a wonderful lady from Canada here as a language student. We have decided that we want to get married in early August of 2011, and have read over the descriptions of the Immigrant Visa for a Spouse (IR1 or CR1), Nonimmigrant Visa for a Spouse (K-3), and the Nonimmigrant Visa for a Fiance (K-1). We had been considering the Fiance visa over the Spouse Visas, but when we learned of the interview process, we encountered our first quandary. My fiance is a Canadian and has her permanent residence is in Canada, however her temporary residence and the place she has lived for the last five years is here in China. If we move with the Fiance visa we need to know for sure where the interview will be as it depends on the definition of "residence" for the Petition of Alien Fiance (the petition does not specify permanent or current residence). This may affect where the interview will be held. If the residence question on the Petition of Alien Fiance (form G-1145) is pertaining to current residence, then my fiance may have to be interviewed in Guangzhou, China. If the residence question is referring to permanent residence, then the interview will need to be in Vancouver. Neither of us are particularly fond of the idea of her having to go home to Canada to cut her studies short/be apart for a number of months and wait for the time to be interviewed in Vancouver (note-we are traveling to Canada for January and February and if we go for the fiance visa and find that the interview must be in Canada-she will not return to China for her last semester).

It was suggested to us by a mixed nationality couple (husband is American and wife is Canadian), that waiting until we both return to North America would be an easier route to go. We have some concerns/questions about waiting until we get married and thus pursuing either the Immigrant Spouse Visa or Nonimmigrant Spouse Visa. The first question is at what point should we move on paperwork if we are waiting until we get married in the States anyways? The second questions is can my spouse go back to visit Canada soon after we are married (A Canadian expat here in China who worked for Canadian immigration told me that she may not get to visit Canada for three years while her permanent residency process is underway)? Our third question has to do with employment. We will certainly need to be a dual-income couple when we get married and settle into a house or apartment. How soon can we expect her to be eligible for employment in the United States? Based on this information, can anyone answer the above mentioned questions, debunk any myths and recommend the best visa to pursue?

[HeatDeath 430]

My understanding is that since she is in China on a legal status, she can request to have her visa processed, and have her interview in China, rather than being forced to fly back to Canada for the interview. To do this you would include documentation of her legal status in China [probably a student visa of some kind, from what you say], translated to English if necessary, and make a formal request in the cover letter of the I-129F packet.

You should be aware, however, that the difficulty of the interview varies radically from consulate to consulate, and that China is generally considered significantly more difficult than either of the Canadian consulates. If she has the legal right to interview in Canada, I think she should take it.

If you are going with a fiance visa, you should start the paperwork 9-12 months before your intended wedding date. If you are doing a spousal visa, you cannot start the paperwork until after you are married. [Obviously you can fill out the forms, but you can't send an I-130 petition that doesn't include a marriage certificate. They'll just reject it.]

If you get a fiancee visa, you should file for AOS plus temporary employment authorization plus advance parole temporary travel documents as soon as possible after the wedding. She will be able to return to Canada when she receives the advance parole documents, generally 6-10 weeks after you file. If you get a spousal visa, her passport will be stamped with an I-551 stamp [making it a GC for all intents and purposes] and she can travel back to Canada that afternoon.

The employment authorization timeframe is the same as the travel authorization timeframe. With fiancee visas, employment authorization shows up at about the same time as the AP documents - 6-10 weeks after filing [which should be as soon as possible - within a week or two - after you marry, which must occur within 90 days of entry]. With the spousal visa, the I-551 stamp in the passport is a GC, and is therefore also full work authorization - she could start working the afternoon she arrived.

The biggest downside to the spousal visa is that there is a forced period of separation of 8-12 months after you are married, while the visa is processing. Many people find separation from a spouse much harder than merely being forced to wait to marry. The downside of the fiancee visa process is extra cost to adjust status after entry [$1070, currently], and a period of 6-12 weeks after the filing for AOS during which the entrant cannot work or leave the US. Which visa you pursue will depend on what you two think of those tradeoffs.

Edited December 23, 2010 by HeatDeath

[canadian_wife 1,823]

HeatDeath offers good advice, I'd only add on a few things

The K-1 visa states that you MUST marry in the US - not in China and not in Canada

further, another option would be to marry in China and file directly with the consulat - this would decrease wait and separation time.

I'm attaching some guides here to help you on your journey

http://www.visajourney.com/content/compare <------------- comparason of visas

http://www.visajourney.com/content/k1guide <------------------ K-1 guide for fiance

http://www.visajourney.com/content/i130guide1 <-------------- spousal visa guide

http://www.visajourney.com/content/dcf <------------ how to file directly with the consulate once married

Good luck

[pushbrk 12,968]

You should be aware, however, that the difficulty of the interview varies radically from consulate to consulate, and that China is generally considered significantly more difficult than either of the Canadian consulates. If she has the legal right to interview in Canada, I think she should take it.

I disagree completely. Guangzhou is definitely considered a tough Consulate but that's BECAUSE of all the Chinese people fraudulently pursuing visas to enter the USA. There's no reason to expect a Canadian marrying a US Citizen she met at work in China to have any more difficulty in Guangzhou then in Montreal and it will be a whole lot faster and far less expensive to interview in Guangzhou.

I would advise the couple not to set wedding dates at all if they go the K1 route, UNTIL the visa is in hand. If they want to marry first, and take a spouse visa route, they can marry when and where they are allowed by local law to do so, including China, Canada or the USA, then pursue the CR1 visa through either Direct Consular Filing (if living in China) or through the normal channels.

Everything they read about the K3 is out of date. It's no longer available.

[HeatDeath 430]

I disagree completely. Guangzhou is definitely considered a tough Consulate but that's BECAUSE of all the Chinese people fraudulently pursuing visas to enter the USA. There's no reason to expect a Canadian marrying a US Citizen she met at work in China to have any more difficulty in Guangzhou then in Montreal and it will be a whole lot faster and far less expensive to interview in Guangzhou.

If you really think so, I'll accede to your judgement - you've got a lot more basis for a "read" on the IOs at Guangzhou than I do. I would just worry that if they have to spend all day, every day in "hard*ss" mode sorting scammers out of an unending crowd of stereotypically inscrutable Chinese, that they'd have a hard time "turning that off" and switching into a more laid-back mode for a single isolated Canadian who wanders into their interview booth. Do non-Chinese people applying through Guangzhou typically report an easier experience than Chinese folk?

I would advise the couple not to set wedding dates at all if they go the K1 route, UNTIL the visa is in hand. If they want to marry first, and take a spouse visa route, they can marry when and where they are allowed by local law to do so, including China, Canada or the USA, then pursue the CR1 visa through either Direct Consular Filing (if living in China) or through the normal channels.

Oh, I agree completely. The intended date of marriage you apply 9-12 months before must be very tentative. Don't put any money down or take any irrevocable actions until you have the fiancee visa in your hands, if you go that route.

Everything they read about the K3 is out of date. It's no longer available.

Correct. You can still try to follow the process to get a K-3, but you won't get one. Your K-3 process will be automatically converted to a CR-1 process before it hits the consulate, and you'll be out the money for the I-129F you filed. Just do CR-1 from the beginning, and you'll save money and things will go more smoothly.

Edited December 23, 2010 by HeatDeath

[pushbrk 12,968]

If you really think so, I'll accede to your judgement - you've got a lot more basis for a "read" on the IOs at Guangzhou than I do. I would just worry that if they have to spend all day, every day in "hard*ss" mode sorting scammers out of an unending crowd of stereotypically inscrutable Chinese, that they'd have a hard time "turning that off" and switching into a more laid-back mode for a single isolated Canadian who wanders into their interview booth. Do non-Chinese people applying through Guangzhou typically report an easier experience than Chinese folk?

Except this is not the case. (See bold above.) Yes, they deal with a lot of fraud in Guangzhou but like most IV units in other countries, (Most people are not aware of this.) they screen the cases in preparation for interview day and know from the previous notes on the file, just which people to suspect of fraud and deal with accordingly. Sometimes, something will come up during the interview to set off alarm bells but most of the fraud is suspected and noted before the interview begins.

My wife's interview was completely pleasant and many report the same.

[Darnell 8,478]

wowbagger_mk -

I suggest you study the DCF'd I-130 process, and when yer ready-ish, marry in China, file the paperwork to a USConsulate/Embassy there, then wait for the I-130 approval.

Once it's approved (in China)

then

YOU (the USCitizen)

can comfortably leave China to re-establish domicile in the USA for a few weeks,

and then SHE can interview in Guangzhou for the CR-1 visa.

IF yer lucky, expect 3 months from start to finish (for a DCF'd I-130 in China).

or do something else.. I not recommend playing with Montreal at all, it will be another 2 fiscal years before they can clear out their backlogs.

Good Luck !

Edited January 4, 2011 by Darnell