U.S. citizen with a Chinese girlfriend here on a work visa. Need help.

[NeedsInfo 0]

Hi all,

I apologize if this is not in the proper subforum. About 2 months ago I met a beautiful Chinese girl and it was pretty much love at first sight. She's here on a work visa but it expires September 15th. From what she tells me, she can stay until October 15th as a tourist. I'm trying to find a way to allow her to be able to stay here. I'm in my mid 20s and I've dated around. We both want to get married, but we would like more time to plan things out. Call me naive if you must, but I know she's one in a million and I'll never meet another girl like her. So, I have the following questions:

1. What is the proper way to handle this situation so she can stay longer and we can eventually get married?
   
2. What is the easiest way to handle this situation so she can stay longer and we can eventually get married?
   
3. If she stays past her current visa's expiration:
   
   1. 
      3.1. Will obtaining a green card in the future through marriage become more difficult?
      3.2. Before obtaining a green card, will we have any trouble traveling within the U.S.?
      3.3. After obtaining a green card, will we have any trouble traveling outside the U.S.?
      

Any other information would be appreciated. Thanks.

[Thomas&Cleofe 358]

I was given a lot of grief for marrying my wife with only knowing her for 10 months....

Now if I say what I want to say here....

Members here will give me a hard time again.

[JUNE LAGUERRE 28]

I wud start the 129f now even if she goes back home it wud be in process that way u can visit her on the application it ask if ur fiancé in the USA u can have it expedite that way u prob get a response quicker

[Henry&Rebecca 39]

Hi all,

I apologize if this is not in the proper subforum. About 2 months ago I met a beautiful Chinese girl and it was pretty much love at first sight. She's here on a work visa but it expires September 15th. From what she tells me, she can stay until October 15th as a tourist. I'm trying to find a way to allow her to be able to stay here. I'm in my mid 20s and I've dated around. We both want to get married, but we would like more time to plan things out. Call me naive if you must, but I know she's one in a million and I'll never meet another girl like her. So, I have the following questions:

1. What is the proper way to handle this situation so she can stay longer and we can eventually get married?
   
2. What is the easiest way to handle this situation so she can stay longer and we can eventually get married?
   
3. If she stays past her current visa's expiration:
   
   1. 
      3.1. Will obtaining a green card in the future through marriage become more difficult?
      3.2. Before obtaining a green card, will we have any trouble traveling within the U.S.?
      3.3. After obtaining a green card, will we have any trouble traveling outside the U.S.?
      

Any other information would be appreciated. Thanks.

I'll leave the relationship advice out of this, and ask you the simple question: Is the huge risk of marrying each other when you've only known one another for 3 months something both of you want to undertake? Or would you rather wait till you've known each other at least 7-8 months before you 2 are married? If it's the former (3 months is OK) then let her not leave and just get married here and stay with you. If the answer is the latter (give it at least 7-8 months) then she can return to China and you can apply for a fiancee visa and while the wait is on you can use that time to have a long distance relationship.

As for your specific question:

1) There is no wrong way of doing it UNLESS she stays PAST October 15th while not being married to you

2) The easiest way is for her to stay here, get married and file for adjustment of status BEFORE October 15 (you might have to read up more about this, as I'm unsure of how straightforward this process is, but I'm confident it's doable).

3) You're already doing something wrong with this prerequisite.

3.1) Yes

3.2) No idea so I'll refrain from suggesting anything here

3.3) No. Your trouble will come BEFORE obtaining a green card.

Edited September 6, 2012 by Henry&Rebecca

[del-2-5-2014 1,339]

No need to rush these things. I would let her go back after her visa expires. You then go over there and meet her folks, stay there a month or two. Get to know her culture, etc. When you get back then file for I-129F or marry her while you are there and then file the appropriate petition.

I have issues with your ages and prefer that you travel heavily first, even together. But don't rush into marriage just for citizenship.

How many Chinese Women hav eyou dated? And for how long?

[madtownguy 164]

No need to rush these things. I would let her go back after her visa expires. You then go over there and meet her folks, stay there a month or two. Get to know her culture, etc. When you get back then file for I-129F or marry her while you are there and then file the appropriate petition.

I have issues with your ages and prefer that you travel heavily first, even together. But don't rush into marriage just for citizenship.

How many Chinese Women hav eyou dated? And for how long?

I think this is very bad advice... Do not let her leave the country. If she over stays her visa it is no big deal. Find out how long she is comfortable staying here with out seeing her family. Figure around 1 year for green card after you are married and do the math to figure out how much more time you can date. There's a good chance she can keep extending her work visa if her employer is happy with her. I dated a girl who had her work visa extended almost a dozen times. I personally think 3 months is enough to know but at that dangerous who knows amount of time also. I'd fight for her to stay as long as it takes for you to be ready. Hope it works out for you man!

[C-ma'am 684]

**Moved from K1 to General Immigration Info. Questions are not specific of K1 Visa

[NeedsInfo 0]

I was given a lot of grief for marrying my wife with only knowing her for 10 months....

Now if I say what I want to say here....

Members here will give me a hard time again.

Please say what you want to say, or send me a message. I want to hear everyone's opinion.

I wud start the 129f now even if she goes back home it wud be in process that way u can visit her on the application it ask if ur fiancé in the USA u can have it expedite that way u prob get a response quicker

That would cost a lot of money for her to go back to China then come back here. I would prefer to avoid that.

I'll leave the relationship advice out of this, and ask you the simple question: Is the huge risk of marrying each other when you've only known one another for 3 months something both of you want to undertake? Or would you rather wait till you've known each other at least 7-8 months before you 2 are married? If it's the former (3 months is OK) then let her not leave and just get married here and stay with you. If the answer is the latter (give it at least 7-8 months) then she can return to China and you can apply for a fiancee visa and while the wait is on you can use that time to have a long distance relationship.

As for your specific question:

1) There is no wrong way of doing it UNLESS she stays PAST October 15th while not being married to you

2) The easiest way is for her to stay here, get married and file for adjustment of status BEFORE October 15 (you might have to read up more about this, as I'm unsure of how straightforward this process is, but I'm confident it's doable).

3) You're already doing something wrong with this prerequisite.

3.1) Yes

3.2) No idea so I'll refrain from suggesting anything here

3.3) No. Your trouble will come BEFORE obtaining a green card.

What if I file for a K-1 before October 15th? Her work visa will expire on September 15th, but she said she can stay as a tourist until October 15th. I don't know if that means she will be issued a tourist visa for Sept. 15 - Oct. 15, or if there is some other law that allows her to stay for a month as a tourist.

No need to rush these things. I would let her go back after her visa expires. You then go over there and meet her folks, stay there a month or two. Get to know her culture, etc. When you get back then file for I-129F or marry her while you are there and then file the appropriate petition.

I have issues with your ages and prefer that you travel heavily first, even together. But don't rush into marriage just for citizenship.

How many Chinese Women hav eyou dated? And for how long?

We do plan on traveling together, but it would be better if she could leave the country. This is the first Chinese woman I've dated. I've dated another foreign woman who was here on a work visa, but just by coincidence. I trust this woman's intentions if that's what you're getting at.

I think this is very bad advice... Do not let her leave the country. If she over stays her visa it is no big deal. Find out how long she is comfortable staying here with out seeing her family. Figure around 1 year for green card after you are married and do the math to figure out how much more time you can date. There's a good chance she can keep extending her work visa if her employer is happy with her. I dated a girl who had her work visa extended almost a dozen times. I personally think 3 months is enough to know but at that dangerous who knows amount of time also. I'd fight for her to stay as long as it takes for you to be ready. Hope it works out for you man!

Do you mean it will take one year for her to get her green card, after we get married, if she stays over her visa?

I will definitely tell her to ask her employer to extend it. Thanks.

[Kathryn41 3,205]

That would cost a lot of money for her to go back to China then come back here. I would prefer to avoid that.

Immigration is an expensive undertaking. It is important to realize that right up front before you get started.

What if I file for a K-1 before October 15th? Her work visa will expire on September 15th, but she said she can stay as a tourist until October 15th. I don't know if that means she will be issued a tourist visa for Sept. 15 - Oct. 15, or if there is some other law that allows her to stay for a month as a tourist.

Some facts you need to know:

1) A K-1 visa can only be issued if the beneficiary is outside of the US. You petition for permission for her to apply for a K-1 fiancee visa. Once that permission is granted - which takes several months - the process transfer to her country and continues there. She needs to apply for the K-1, complete an immigration medical, obtain security checks, obtain and provide specific documentation and attend an interview after which, if approved, she would receive a K-1 Visa. The K-1 visa allows a her a one time entry into the US within the 6 months following receipt of the visa, and once she enters, you two must marry within 90 days. Then she needs to apply for a green card. The whole process will take much longer than a month - approximately a year .You can find the timelines for K-1 approvals from China here: http://www.visajourn...210%2C211&cfl=0

2) If you marry while she is currently in the US, she is allowed to apply for a green card right away from within the US. In fact, she cannot leave the US until she receives either the green card or special travel permission called an Advance Parole that she applies for at the same time as the green card. AP takes about 3 months after the application for a green card is received. A green card can take as little as 5 months, but is much more likely to take 8 months or more. It is best if she does not overstay her current visa so if she is able to extend her work visa beyond its scheduled conclusion, that would be the best - although I am not sure there is time enough remaining for her to do so unless her company expedites the process and pays the expedite fee.

We do plan on traveling together, but it would be better if she could leave the country. This is the first Chinese woman I've dated. I've dated another foreign woman who was here on a work visa, but just by coincidence. I trust this woman's intentions if that's what you're getting at.

She will not be able to travel outside of the US and return without a green card or Advance Parole, whether you marry now or petition for a K-1 visa and she enters with that next year. If you marry while she is in the US and apply for a green card, leaving the US cancels the application and forfeits the fee. She would have to apply for and receive a spousal visa (CR-1) before she would be allowed to return to the US. This too would be processed in China and also takes approximately a year. It also requires a medical, security checks, specific documentation from both of you, and an interview.

Do you mean it will take one year for her to get her green card, after we get married, if she stays over her visa?

That is a realistic time frame. It can vary from around half a year to up to 2 years or more, although both extremes are less common.

I will definitely tell her to ask her employer to extend it. Thanks.

While it is allowed for someone to marry if she is out of status and to apply for a green card it is never good advice to suggest that anyone knowingly disregards the terms of their visa which violates both immigration regulations and the Terms of Service for participating on Visa Journey. If the beneficiary overstays her visa she would be here without legal status - unable legally to work, to travel, to drive, to visit family or go home in an emergency and having no real identity. If either of them decide that they do not, after all, wish to get married, then it is likely that she would have incurred either a 3 year or 10 year ban for overstaying when she leaves the US that would prevent her from re-entering the US for any purpose - to visit, to study, to work or to immigrate.

If a relationship is valuable enough to pursue, it is valuable enough to follow the correct and legal process for immigration - which means to follow the rules and regulations. If you do care for this woman, then think of her future as well. You are just in the beginning throes of a romance, but immigration is not about the initial part of a relationship - it is about the rest of your lives. You do it right and it works to your benefit; you do it wrong, and someone ends up paying a horrible price for the rest of their lives.

I would strongly suggest that the two of you spend a lot of time reading over the various guides here on Visa Journey and the publications, forms and instructions over on http://www.uscis.gov . If this is worth doing, it is worth doing right. The more information you can get, the better you will understand what to expect. Good luck.

Edited September 7, 2012 by Kathryn41

[Dakine10 5,452]

Hi all,

I apologize if this is not in the proper subforum. About 2 months ago I met a beautiful Chinese girl and it was pretty much love at first sight. She's here on a work visa but it expires September 15th. From what she tells me, she can stay until October 15th as a tourist. I'm trying to find a way to allow her to be able to stay here. I'm in my mid 20s and I've dated around. We both want to get married, but we would like more time to plan things out. Call me naive if you must, but I know she's one in a million and I'll never meet another girl like her. So, I have the following questions:

1. What is the proper way to handle this situation so she can stay longer and we can eventually get married?
   
2. What is the easiest way to handle this situation so she can stay longer and we can eventually get married?
   
3. If she stays past her current visa's expiration:
   
   1. 
      3.1. Will obtaining a green card in the future through marriage become more difficult?
      3.2. Before obtaining a green card, will we have any trouble traveling within the U.S.?
      3.3. After obtaining a green card, will we have any trouble traveling outside the U.S.?
      

Any other information would be appreciated. Thanks.

There is a very good guide here on this site that outlines what to do if the USC and spouse both reside in the USA.

The process is straightforward, however there is one caveat, listed at the beginning of the guide - not all visa's are eligible. Do you know what specific class of work visa she has?

[del-2-5-2014 1,339]

I think this is very bad advice... Do not let her leave the country. If she over stays her visa it is no big deal. Find out how long she is comfortable staying here with out seeing her family. Figure around 1 year for green card after you are married and do the math to figure out how much more time you can date. There's a good chance she can keep extending her work visa if her employer is happy with her. I dated a girl who had her work visa extended almost a dozen times. I personally think 3 months is enough to know but at that dangerous who knows amount of time also. I'd fight for her to stay as long as it takes for you to be ready. Hope it works out for you man!

Of course you'll think that. Immigrating to the US at ALL cost is always popular.

We do plan on traveling together, but it would be better if she could leave the country. This is the first Chinese woman I've dated. I've dated another foreign woman who was here on a work visa, but just by coincidence. I trust this woman's intentions if that's what you're getting at.

Sorry but I do not mince words. I asked what I meant.

I would hope that you would try to learn about her family, gauging her by her interactions at home in China with her family, and you also being there and learning/experiencing the culture.

Regarding time and money, immigration is an expensive proposition. Regarding time, you are theoretically going to spend the rest of your life with this person (maybe 70 years yes?) so why can't you manage 2 years to work the process properly. What's the rush?

Good luck on whatever you decide to do. Please remember that this was a solicited advice.

[NeedsInfo 0]

While it is allowed for someone to marry if she is out of status and to apply for a green card it is never good advice to suggest that anyone knowingly disregards the terms of their visa which violates both immigration regulations and the Terms of Service for participating on Visa Journey. If the beneficiary overstays her visa she would be here without legal status - unable legally to work, to travel, to drive, to visit family or go home in an emergency and having no real identity. If either of them decide that they do not, after all, wish to get married, then it is likely that she would have incurred either a 3 year or 10 year ban for overstaying when she leaves the US that would prevent her from re-entering the US for any purpose - to visit, to study, to work or to immigrate.

If a relationship is valuable enough to pursue, it is valuable enough to follow the correct and legal process for immigration - which means to follow the rules and regulations. If you do care for this woman, then think of her future as well. You are just in the beginning throes of a romance, but immigration is not about the initial part of a relationship - it is about the rest of your lives. You do it right and it works to your benefit; you do it wrong, and someone ends up paying a horrible price for the rest of their lives.

I would strongly suggest that the two of you spend a lot of time reading over the various guides here on Visa Journey and the publications, forms and instructions over on http://www.uscis.gov . If this is worth doing, it is worth doing right. The more information you can get, the better you will understand what to expect. Good luck.

Is there any difference between (1) getting married and submitting the green card application before her work visa expires and (2) getting married and submitting the green card application after her work visa expires? Either way she would be living here out of status until the green card is obtained, correct? Would the first option help in the green card application process?

[Kathryn41 3,205]

Is there any difference between (1) getting married and submitting the green card application before her work visa expires and (2) getting married and submitting the green card application after her work visa expires? Either way she would be living here out of status until the green card is obtained, correct? Would the first option help in the green card application process?

In the first scenario, she applies for her green card (AOS) while she is still in legal status. When the AOS application is received her legal status is basically extended until a decision is made on her green card application.so she still has legal status.

In the second scenario, when she applies for her green card and the application is received, she gains legal status as an AOS applicant until a decision is received. From the time when her work visa expired to the time when her AOS application was received (and receipt acknowledged) she is out of status. If she receives more than 180 out of status days, then when she leaves the US for any reason, unless she has a green card, she will incur an automatic 3 year ban on re-entry to the US. If she accumulates more than 360 out of status days, then she incurs an automatic 10 year ban on re-entry to the US. Only a green card can prevent the ban from happening. Any type of an overstay less than 180 days may make it difficult if not impossible for her to receive additional visas to the US,

So these are the facts that she needs to consider about her future. Right now you are in love and want to have the chance to develop a relationship with the future possibility of getting married. When a foreign national is in the US, you just don't have the luxury of 'the girl next door' type of relationship. This is the type of relationship that really does require a great deal of time to explore because you also have cultural and familial differences to discover and work within. It would be nice if you could put off the tomorrows until tomorrow arrives, but when you are dealing with immigration, visas and the government, you can't afford to avoid looking at the future long before you want to, just to make sure you don't compromise your ability to have that long term relationship you want.

I have a Chinese sister in law and I know that your Chinese girlfriend's home culture and family are going to be important in any relationship she enters, even if she has been living here for a while on a work visa. Her family hasn't. So I too encourage you to take the time to explore this relationship in detail before you make any final commitments and make sure you keep your options open by not doing something foolish early on that will hurt either of you later.

[del-2-5-2014 1,339]

In the first scenario, she applies for her green card (AOS) while she is still in legal status. When the AOS application is received her legal status is basically extended until a decision is made on her green card application.so she still has legal status.

In the second scenario, when she applies for her green card and the application is received, she gains legal status as an AOS applicant until a decision is received. From the time when her work visa expired to the time when her AOS application was received (and receipt acknowledged) she is out of status. If she receives more than 180 out of status days, then when she leaves the US for any reason, unless she has a green card, she will incur an automatic 3 year ban on re-entry to the US. If she accumulates more than 360 out of status days, then she incurs an automatic 10 year ban on re-entry to the US. Only a green card can prevent the ban from happening. Any type of an overstay less than 180 days may make it difficult if not impossible for her to receive additional visas to the US,

So these are the facts that she needs to consider about her future. Right now you are in love and want to have the chance to develop a relationship with the future possibility of getting married. When a foreign national is in the US, you just don't have the luxury of 'the girl next door' type of relationship. This is the type of relationship that really does require a great deal of time to explore because you also have cultural and familial differences to discover and work within. It would be nice if you could put off the tomorrows until tomorrow arrives, but when you are dealing with immigration, visas and the government, you can't afford to avoid looking at the future long before you want to, just to make sure you don't compromise your ability to have that long term relationship you want.

I have a Chinese sister in law and I know that your Chinese girlfriend's home culture and family are going to be important in any relationship she enters, even if she has been living here for a while on a work visa. Her family hasn't. So I too encourage you to take the time to explore this relationship in detail before you make any final commitments and make sure you keep your options open by not doing something foolish early on that will hurt either of you later.

While there are no guarantees in any realtionship (example Prince Charles Vs Lady Diana, Mr. and Mrs. Al Gore), I think those that marry interculturally without doing a proper due dilligence required are setting themselves up for a failed relationship or at the very least a contentious one.

I see so many people on here that are so focused on USCIS, NVC, Embassy and their laws that they forget to focus on the realtionship, which i think is the critical thing.

Anyways, rant over. You can now return to the regularly scheduled program.

[Shiobhan 235]

I agree let her go home, visit & meet the family (dad will respect u more) the n file the k1 if U like what U see there,

Gowan is right...... and we dont want to see anyone coming back asking how to undo petitions.