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Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Hello,

Originally me and my fiancee filed for a Fiancee Visa. Then she changed her mind and wanted to go for a Marriage Visa. My fiancee lives in China.

She asked me last night where we are to get married to be able to apply for the Marriage Visa.

My question is, do me and my fiancee get married in China, then file for a Marriage Visa?

If not, how do we go about filing for a Marriage Visa?

Thanks,

notmuch88tosay

Filed: AOS (apr) Country: Brazil
Timeline
Posted

On your timeline, you already have an approved I-129F application back in August of last year. What is the status of that? It appears the consulate has received it. Have they not scheduled an interview or sent you a packet(however they do it in China)?

Changing will only add to your wait and money spent.

But, to answer your question. Yes, you can get married in China, then you come back and file CR1 and wait for it to be adjudicated. Make sure you are up to date about the process of getting married in China.

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

Posted

You can get married anywhere in the world. Once married, then you file for a marriage visa. Where is not important (though you have to be able to legally wed in the country you are choosing).

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

On your timeline, you already have an approved I-129F application back in August of last year. What is the status of that? It appears the consulate has received it. Have they not scheduled an interview or sent you a packet(however they do it in China)?

Changing will only add to your wait and money spent.

But, to answer your question. Yes, you can get married in China, then you come back and file CR1 and wait for it to be adjudicated. Make sure you are up to date about the process of getting married in China.

Hi Que Saudade,

Thanks for your reply and info.

Our approved I-129F application expired. My fiancee did not get her birth certificate and Chinese passport in time.

Thanks for the URL, I will read up about the Marriage Visa.

notmuch88tosay

You can get married anywhere in the world. Once married, then you file for a marriage visa. Where is not important (though you have to be able to legally wed in the country you are choosing).

Thanks Harpa Timsah,

I appreciate the info.

Take care,

notmuch88tosay

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

If we did it over again we would have gotten married in China, applied and it would have been better than K1 for us. My wife could have stayed in China worked, finished her business and then came to USA with a green card.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

If we did it over again we would have gotten married in China, applied and it would have been better than K1 for us. My wife could have stayed in China worked, finished her business and then came to USA with a green card.

Hi bigdog,

Thanks for the input. I appreciate it.

I hope my Panda will follow through this time. No wedding date from her yet.

Take care,

notmuch88tosay

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures; OP is asking about the spousal visa process.

**Organizer hat off**

Since you will be getting married in China, you will need an Affidavit of Single Status before you and your fiancee will be able to register at the marriage bureau. There are two ways you can go about getting this, visit the US Embassy or one of the Consulates and they will provide you with one or you can obtain it stateside by following the instructions of the Chinese Consulate that has jurisdiction for the state that you reside in.

For the spousal visa process itself, once the petition is approved by USCIS, that approval never expires. The NVC will give people 1 year from the date of last contact before they consider a petition abandoned. If the NVC were to deem a petition abandoned, they would either let it gather dust while they work on other petitions or they would return it to USCIS.

I don't want to overload you with too much information, so I will stop here.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Other Country: China
Timeline
Posted (edited)

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures; OP is asking about the spousal visa process.

**Organizer hat off**

Since you will be getting married in China, you will need an Affidavit of Single Status before you and your fiancee will be able to register at the marriage bureau. There are two ways you can go about getting this, visit the US Embassy or one of the Consulates and they will provide you with one or you can obtain it stateside by following the instructions of the Chinese Consulate that has jurisdiction for the state that you reside in.

For the spousal visa process itself, once the petition is approved by USCIS, that approval never expires. The NVC will give people 1 year from the date of last contact before they consider a petition abandoned. If the NVC were to deem a petition abandoned, they would either let it gather dust while they work on other petitions or they would return it to USCIS.

I don't want to overload you with too much information, so I will stop here.

There's a third way that is really far easier than following the instructions of the Chinese Consulate. Use visarite.com to get you what you need. If you can easily stop by a US Consulate in China, do that but second best is visarite.com Call them on the phone, as I don't think their website covers this. They can also get your new China visa at the same time. I don't use them for just the China visa but if you're needing both, it limits you to needing to send your passport out only once.

Back to the original question though, you can marry anywhere a government will allow you to both travel and marry. However, it's often quite difficult to marry in a country where neither bride or groom reside. In China, you'll marry at the place your bride is allowed to marry, usually the marriage office of her county.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Moved from K1 Process & Procedures to IR-1/CR-1 Process & Procedures; OP is asking about the spousal visa process.

**Organizer hat off**

Since you will be getting married in China, you will need an Affidavit of Single Status before you and your fiancee will be able to register at the marriage bureau. There are two ways you can go about getting this, visit the US Embassy or one of the Consulates and they will provide you with one or you can obtain it stateside by following the instructions of the Chinese Consulate that has jurisdiction for the state that you reside in.

For the spousal visa process itself, once the petition is approved by USCIS, that approval never expires. The NVC will give people 1 year from the date of last contact before they consider a petition abandoned. If the NVC were to deem a petition abandoned, they would either let it gather dust while they work on other petitions or they would return it to USCIS.

I don't want to overload you with too much information, so I will stop here.

Hi Ryan,

Thanks so much for the info.

So if I understand correctly, I can get an 'Affidavit of Single Status' at the U.S. Embassy or Consulate in the U.S. State I reside in? Or do I get this document in China?

As for the CR-1 Spousal Visa, if I understand correct, you are saying I will have 1 year to get it completed or to be in contact with them pleading for their patience before they consider the petition abandoned, is that right?

I appreciate your help,

notmuch88tosay

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

There's a third way that is really far easier than following the instructions of the Chinese Consulate. Use visarite.com to get you what you need. If you can easily stop by a US Consulate in China, do that but second best is visarite.com Call them on the phone, as I don't think their website covers this. They can also get your new China visa at the same time. I don't use them for just the China visa but if you're needing both, it limits you to needing to send your passport out only once.

Back to the original question though, you can marry anywhere a government will allow you to both travel and marry. However, it's often quite difficult to marry in a country where neither bride or groom reside. In China, you'll marry at the place your bride is allowed to marry, usually the marriage office of her county.

Hi pushbrk,

Thanks for your reply, thanks for the info and thanks especially for the visarite.com link.

Your help is very much appreciated.

Take care,

notmuch88tosay

Filed: Other Country: China
Timeline
Posted

Hi Ryan,

Thanks so much for the info.

So if I understand correctly, I can get an 'Affidavit of Single Status' at the U.S. Embassy or Consulate in the U.S. State I reside in? Or do I get this document in China?

As for the CR-1 Spousal Visa, if I understand correct, you are saying I will have 1 year to get it completed or to be in contact with them pleading for their patience before they consider the petition abandoned, is that right?

I appreciate your help,

notmuch88tosay

There are no US Consulates in the USA. Ryan referred to Chinese Embassy or Consulate, not US Consulate IN THE USA. You can obtain the "Certificate of Marriageability" at a US Consulate in China. If you're going to be near one of those on your trip, that's the easy way. If not, I recommend visarite.com

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

to the OP...

she had hukuo problems prior - with this 'not wanting to travel to hukuo city to get civil documents'

and now she seeks to get married?

She's going to have the same problem, as she is required to get married in her hukuo city.

What city is she in, and what is her hukuo city?

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.

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Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

There are no US Consulates in the USA. Ryan referred to Chinese Embassy or Consulate, not US Consulate IN THE USA. You can obtain the "Certificate of Marriageability" at a US Consulate in China. If you're going to be near one of those on your trip, that's the easy way. If not, I recommend visarite.com

Thanks so much pushbrk,

visarite.com sure beats having to search out a U.S. Consulate in China.

Even though I do hope to be going to China soon, the less I will have to do while I'm there, the better.

Thanks again,

notmuch88tosay

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

to the OP...

she had hukuo problems prior - with this 'not wanting to travel to hukuo city to get civil documents'

and now she seeks to get married?

She's going to have the same problem, as she is required to get married in her hukuo city.

What city is she in, and what is her hukuo city?

Hi Darnell,

She has asked me to come to China to accompany her to get her birth certificate and passport. She knows it is required.

But wait a minute, you are saying that we MUST get married in her hukuo city? We are not able to get married in any other city in China?

notmuch88tosay

Filed: Other Country: China
Timeline
Posted

Hi Darnell,

She has asked me to come to China to accompany her to get her birth certificate and passport. She knows it is required.

But wait a minute, you are saying that we MUST get married in her hukuo city? We are not able to get married in any other city in China?

notmuch88tosay

Both Darnell and I told you that in somewhat different ways. She will marry not necessarily in her hukuo city but in the marriage office that services that city, usually the county seat. She should be checking this out herself as all her Notarial documents will come from there as well, some for the I-130 and others, like the police report later. She should not obtain the police report at the same time she obtains the birth certificate, divorce decree (if applicable) and the Notarial translation of your marriage certificate.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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