Getting my wife a green card

[Ritchie91 0]

Hello there, I'm new to this forum and to the immigration process as well. I am so overwhelmed by all the information looking through the USCIS website and am glad to have stumbled across this forum trying to research for more information. I am trying to find out the best route to go about getting my wife a green card to stay and work in the US.

Here is my situation. I Just got married my wife a couple weeks ago in the state of New York. She has a history with immigration and I am not sure if it will affect the process in any way. originally was petitioned with her parents by her aunt here in the US when she was 14 and later on she aged out when she hit 21 and was no longer eligible. After that she came out to the US at the age of 23 on a visa to study abroad to get her masters degree. She has since completed her degree earlier this year in May and is now on a no re-entry OPT work visa which allows her to work in her respected field for a year before it expires and she will have to leave the states. Her father who was in the original petition filed when she was 14 has since gotten his green card and has a case petitioning her that was filed almost 2 years ago.

Now fast forward to now. I am looking to file a petition for her as a spouse. The thing is that I am actually planning to leave the US with my wife and we will stay abroad in Shanghai, China with her family for at least half a year to a year. I am quite overwhelmed by the USCIS and am not sure where to start so I wanted to ask. I know that I have to start off with the I-130 but then there comes to the point where I have to either file the K-3 or the CR1 when it is approved. What are the biggest differences between the K-3 and the CR1 in my situation and what is the best route to go to get my wife a permanent resident status?

Also if someone would be so kind to give me a quick step by step to start everything for a situation like mine, that will be great! I think the right way to start is to mail the I-130 with copy of my passport and birth certificate to USCIS right? Do I send payment when I submit the I-130? because the USCIS website says that I have to wait until I receive instructions to send payment I believe. Would filing here in the states or filing when I'm abroad in China make a difference?

Thanks a bunch in advance!

Edited November 14, 2012 by Ritchie91

[aaron2020 11,651]

Hello there, I'm new to this forum and to the immigration process as well. I am so overwhelmed by all the information looking through the USCIS website and am glad to have stumbled across this forum trying to research for more information. I am trying to find out the best route to go about getting my wife a green card to stay and work in the US.

Here is my situation. I Just got married my wife a couple weeks ago in the state of New York. She has a history with immigration and I am not sure if it will affect the process in any way. originally was petitioned with her parents by her aunt here in the US when she was 14 and later on she aged out when she hit 21 and was no longer eligible. After that she came out to the US at the age of 23 on a visa to study abroad to get her masters degree. She has since completed her degree earlier this year in May and is now on a no re-entry OPT work visa which allows her to work in her respected field for a year before it expires and she will have to leave the states. Her father who was in the original petition filed when she was 14 has since gotten his green card and has a case petitioning her that was filed almost 2 years ago.

Now fast forward to now. I am looking to file a petition for her as a spouse. The thing is that I am actually planning to leave the US with my wife and we will stay abroad in Shanghai, China with her family for at least half a year to a year. I am quite overwhelmed by the USCIS and am not sure where to start so I wanted to ask. I know that I have to start off with the I-130 but then there comes to the point where I have to either file the K-3 or the CR1 when it is approved. What are the biggest differences between the K-3 and the CR1 in my situation and what is the best route to go to get my wife a permanent resident status?

Also if someone would be so kind to give me a quick step by step to start everything for a situation like mine, that will be great! I think the right way to start is to mail the I-130 with copy of my passport and birth certificate to USCIS right? Do I send payment when I submit the I-130? because the USCIS website says that I have to wait until I receive instructions to send payment I believe. Would filing here in the states or filing when I'm abroad in China make a difference?

Thanks a bunch in advance!

When are you planning on moving to China? If you can put if off for 8-10 months, you can get your wife a green card if you file now.

Forget the K-3. It's a waste of time and it costs more than the CR-1. It was relevant when there was a backlog in the CR-1 category. The backlog no longer exists, so the K-3 has become irrelevant.

If you have 8-10 months, then file the I-130 and I-485 to adjust her current legal status to a green card holder. Read the Guides - button at the top of this page.

If you are moving soon to China, then file only the I-130. Your wife would interview of an immigration visa in China. Once she gets it, she can immigration to the US.

[thairath 4]

My suggestion would be to move to China and then apply for the spousal visa when you know when you'll be moving back to the US.

[Darnell 8,478]

I suggest that since you have plans to LIVE in China,

file a DCF'd I-130 to the USCIS office in China

6 months after your residency.

[Ritchie91 0]

When are you planning on moving to China? If you can put if off for 8-10 months, you can get your wife a green card if you file now.

If you are moving soon to China, then file only the I-130. Your wife would interview of an immigration visa in China. Once she gets it, she can immigration to the US.

Unfortunately her grandfather is not well and for that reason I cannot really put off going there for 8-10 months. So if I file I-130 before I go to China she would then go interview in China during our period of stay there right?

My suggestion would be to move to China and then apply for the spousal visa when you know when you'll be moving back to the US.

I suggest that since you have plans to LIVE in China,

file a DCF'd I-130 to the USCIS office in China

6 months after your residency.

My original thought was to go ahead and start the filing process before I go to China and continue the process while I'm abroad. After that, I'll come back when the process is done. The paperwork I can easily have relatives here in the U.S. take care of for me and I can always email/fax documents back and forth.

Would it be more efficient and easier for example to just start the filing here then go to China and wait for the process to complete then come back here to the States with my wife or will it be better and easier to just stay in China for half a year and directly do DCF. What would the difference in paperwork amount to? Will it be easier to do one over the other?

Also if I do DCF will I need residency proof since I am not actually moving there but simply staying abroad for a little while. Would that count as 6 months of residency in China? I am worried the Chinese consulate will not give me a 6 month visa to stay in China and might only give me 3 months which I can just renew in Honk Kong after 3 months is up.

Would filing here then completing the process while I'm abroad even be feasible? Her grandfather is very dear to her and she would like to spend some extra time with him while she can. If for example the process finishes earlier than expected then I would come back to the states as the return flight is very flexible.

Edited November 14, 2012 by Ritchie91

[aaron2020 11,651]

Unfortunately her grandfather is not well and for that reason I cannot really put off going there for 8-10 months. So if I file I-130 before I go to China she would then go interview in China during our period of stay there right?

My original thought was to go ahead and start the filing process before I go to China and continue the process while I'm abroad. After that, I'll come back when the process is done. The paperwork I can easily have relatives here in the U.S. take care of for me and I can always email/fax documents back and forth.

Would it be more efficient and easier for example to just start the filing here then go to China and wait for the process to complete then come back here to the States with my wife or will it be better and easier to just stay in China for half a year and directly do DCF. What would the difference in paperwork amount to? Will it be easier to do one over the other?

Also if I do DCF will I need residency proof since I am not actually moving there but simply staying abroad for a little while. Would that count as 6 months of residency in China? I am worried the Chinese consulate will not give me a 6 month visa to stay in China and might only give me 3 months which I can just renew in Honk Kong after 3 months is up.

Would filing here then completing the process while I'm abroad even be feasible? Her grandfather is very dear to her and she would like to spend some extra time with him while she can. If for example the process finishes earlier than expected then I would come back to the states as the return flight is very flexible.

The most efficient way is to file an I-130 now. Since she is not filing the I-485 to adjust, her case will be completed in China. A case takes about 8-10 months, so she'll have plenty of time in China. The visa is good for up to six months, so that's more time she can spend in China.

[Darnell 8,478]

there's a residency permit in China, for foreign spouses of PRC citizens. It's straightforward to get, and is good for 1 or 2 years. No border crossings required, but you can't apply for it in the USA.

[leishi 11]

there's a residency permit in China, for foreign spouses of PRC citizens. It's straightforward to get, and is good for 1 or 2 years. No border crossings required, but you can't apply for it in the USA.

could you point me in the right direction for this residency permit application process?

thanks

(sorry about the thread hi-jacking)

[Ritchie91 0]

I would actually be interested in how to get that residency permit too.