Just getting started

[FANGFANG 0]

Hello,

I'm just getting started on the visa process. Sorry to start a new thread, I know the info is already here. I'm just a little overwhelmed with how to start.

My husband is a US citizen, I'm a Chinese citizen. We live in Shanghai. We have been married for one year, last year I had a B1 visa to the US and went twice to visit family.

My B1 has expired. We are planning to go back to the US in the spring to visit family again. Depending on his job we may move to the US later next year, but right now just planning to visit the US and return to China.

Should I get a new B1 visa or just begin the IR-1 visa process? We eventually plan to live in the US, but for now its most important to get the new visa so I can go back with him to see family.

I would start the IR-1 visa process, but afraid it may take to long to finish before the spring.

Any suggestions would be greatly appreciated!

[Ryan H 3,790]

Since you are only visiting, apply for another tourist visa.

Do not start the spousal visa process until you are actually ready to move to the US.

[FANGFANG 0]

Since you are only visiting, apply for another tourist visa.

Do not start the spousal visa process until you are actually ready to move to the US.

We will eventually move to the US once my husband has finished work in China. So I didn't know if it was worth starting that process now since it takes some time.

Also I wasn't sure how easy it is to get another B1 visa. Considering last time we were not married yet and this year I had already spent lots of time in the US visiting last Christmas and over the summer. Also last year I was employed, this year I am a housewife. So I know for my B1 I had to prove my intentions were to return home, but this time it might be more difficult, although we really do intend to just visit on this trip.

[Pitaya 2,576]

We will eventually move to the US once my husband has finished work in China. So I didn't know if it was worth starting that process now since it takes some time.

Also I wasn't sure how easy it is to get another B1 visa. Considering last time we were not married yet and this year I had already spent lots of time in the US visiting last Christmas and over the summer. Also last year I was employed, this year I am a housewife. So I know for my B1 I had to prove my intentions were to return home, but this time it might be more difficult, although we really do intend to just visit on this trip.

Welcome to the forum.

Sounds like you have a very good idea of your situations and options.

Good luck your visa journey.

[FANGFANG 0]

You can try to apply for B visa this time however it will be very different from last time when you applied. Like you are married to a USC and you are a housewife. That makes your application success rate kinda weaker unless you can show very strong ties to China. Since you are already planning to apply for CR-1, then earlier get it started will benefit you better.

Do you know how long it might take if I started the process in Shanghai?

I think I can file a form maybe the I-131 so I will be able to travel to the US while the application is being processed. I heard in the US that takes about 90 days, but not sure how long that would take in China. Just would be great to start the process but be able to visit while I waiting.

[bigdog 376]

Look at the time lines that fit your profile for a guide. http://www.visajourney.com/timeline/k1list.php?op6=All&op7=China&dfile=No&op1=&op2=&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0 Set the filter for China. Good Luck on your speedy filing.

[Darnell 8,478]

Your husband can qualify for DCF'd I-130, so

figure 120 days before the scheduled 'move to USA date', have him file

the I-130 to the US Consulate, USCIS section, in Shanghai.

as to the tourist visa - I say apply again. You've had one before, so it should be easy to get another one .

[Darnell 8,478]

You need to have your husband file the petition for CR-1 first to USCIS.

NO NO NO ! File it to the USCIS office inside the US Consulate in Shanghai.

DO NOT FILE the I-130 to USCIS to the Chicago lockbox address. Waste of time.

Normally it can take from several months to a year.

DCF'd I-130s, with DS-230 intake, I-864 intake, IV interview in Guangzhou, takes anywhere from 45 to 90 days.

[hikergirl 277]

You need to have your husband file the petition for CR-1 first to USCIS. Once the USCIS approves the petition I-130, then the package will be sent to the consulate in your home country most likely the Consulate General Guangzhou. This link http://guangzhou.usembassy-china.org.cn/cr1/ir1_and_cr2/ir2.htm is for you to take reference from. From the case sent to the process finished, there is no fix date as to when you will be interviewed/approved. Normally it can take from several months to a year.

You can try to apply for tourist visa, but the possibility is very small.

http://shanghai.usembassy-china.org.cn/visas/immigrant-visa.html

They file in Beijing NOT the lockbox as long as they meet the requirement of proper residency.

The FAQs (link at bottom of linked page) have this: If you reside in the Shanghai Consular District AND have a valid Chinese Foreigner’s Residence Permit visa you may submit your petition to the United States Citizenship and Immigration Service Beijing Office.

Edited December 26, 2012 by hikergirl

[Darnell 8,478]

Thanks, HiKerGirl - the shift from Shanghai was sometime last year, and I totally forgot about it

[hikergirl 277]

Thanks, HiKerGirl - the shift from Shanghai was sometime last year, and I totally forgot about it

We’re all in this mess together and here to help each other

[Ryan H 3,790]

But there is also another option. The National Visa Center (NVC) has started a new pilot program of electronically processing visa petitions. Under this program, all your petitions must be sent to Guangzhou electronically rather than by mail. By doing so the speed of visa viewing and interview waiting time can be greatly improved. Only one requirement is that the immediate relative of USC which means yourself must be over 21 years old.

None of this is applicable to a petition filed at a USCIS field office in China, something the OP's spouse is able to do.

Additionally, the NVC only comes into play with stateside filed petitions and only when they have received an approved petition from USCIS.

[Darnell 8,478]

But there is also another option. The National Visa Center (NVC) has started a new pilot program of electronically processing visa petitions. Under this program, all your petitions must be sent to Guangzhou electronically rather than by mail. By doing so the speed of visa viewing and interview waiting time can be greatly improved. Only one requirement is that the immediate relative of USC which means yourself must be over 21 years old.

This doesn't work for petitions filed via DCF into BeiJing or Guangzhou. Why are you suggesting it?

Seriously, can be in and out within 90 days on a DCF'd I-130.

[Darnell 8,478]

that one? pay attention to:

If the I-130 is filed in China, the petition will be sent directly to the Consulate in Guangzhou, without first going to NVC. An instruction packet will be sent to the beneficiary once the case arrives in Guangzhou.

Look, that page is confusing, if you not apply basic logic rules.

Noting the 'if/then/else' construct is gonna be really useful for ya, as that page is full of it.