I need advice on options

[chinacowboy 0]

My Chinese girlfriend and I have been planning on going to America this summer to visit my family on a tourist visa. I work in China as an English teacher and she works as a Trade officer so we plan on comig back to China after we get married. I at first thought the easiest way is to get married while she is here on tourist visa. She DOES NOT intend to stay in america. However we are scared this may lead to suspicion once she decides in a couple of years to immigrate to US. So is it better to apply for K1 visa and do you think we can get it processed by middle of July? It is end of feb. here? She does not want to have to deal with getting her hakou from her ex though. Or is spousal better option. Help please!

[N-o-l-a 7,168]

My Chinese girlfriend and I have been planning on going to America this summer to visit my family on a tourist visa. I work in China as an English teacher and she works as a Trade officer so we plan on comig back to China after we get married. I at first thought the easiest way is to get married while she is here on tourist visa. She DOES NOT intend to stay in america. However we are scared this may lead to suspicion once she decides in a couple of years to immigrate to US. So is it better to apply for K1 visa and do you think we can get it processed by middle of July? It is end of feb. here? She does not want to have to deal with getting her hakou from her ex though. Or is spousal better option. Help please!

You'd be *lucky* if the K1 came through by December if you filed this month.

You can have evidence of returning to China, but it is up to them at POE if they will let her in. There is no problem with getting married on the tourist visa, but whether the agent at POE believes that she will be returning.

Edited February 6, 2013 by Nola123

[Taylor&Joey 0]

If you two plan on living in China you shouldn't get a fiance visa. I think the only danger of getting married on a tourist visa will be getting them to let her in if you tell them that at entry. You should just do direct consular filing whenever you decide to move to the states in the future. The fact that you married in the states shouldn't affect anything at all, because you never will have broken any rules. It is only illegal to marry on a tourist visa if you have intent to stay and do stay.

[aws&ndd 103]

It will be no problem at all if you come here on a tourist visa and get married. The only problem exists with trying to adjust status. Since you already stated you would be returning to China after the marriage, it would only be a hassle (and more costly) to file the K-1 visa. K-1 visa holders are for those to come here, get married and STAY. If you were planning on staying here after marriage and adjust status I would advise the K-1 visa route. But if you already have a tourist visa it would be more sensible to just use that. Getting married here, on whatever visa you use to enter, will not cause any problems later. When you decide to move here, you will need to file a spousal visa (CR-1/IR-1).

[Cathi 5,770]

As long as she show ties to China(her job) and doesn't stay in the US and try to adjust status, it won't have any bearing on a future visa. Make sure she gets a letter from her employer stating they expect her back on a certain date. If you apply for a K-1 now it won't be approved by July. Good luck!!!!

[chinacowboy 0]

Will she have to answer questions from POE about if she plans on getting married? If so will she be allowed to enter. I believe she will have alot of evidence that the two of us will come back to China including letter from employer, rental agreement, bank statements, and return tickets for the two of us back to China.

[aws&ndd 103]

Will she have to answer questions from POE about if she plans on getting married? If so will she be allowed to enter. I believe she will have alot of evidence that the two of us will come back to China including letter from employer, rental agreement, bank statements, and return tickets for the two of us back to China.

I dont know what questions they will ask, but you always want to be honest with your answers.

[ricnally 258]

My Chinese girlfriend and I have been planning on going to America this summer to visit my family on a tourist visa. I work in China as an English teacher and she works as a Trade officer so we plan on comig back to China after we get married. I at first thought the easiest way is to get married while she is here on tourist visa. She DOES NOT intend to stay in america. However we are scared this may lead to suspicion once she decides in a couple of years to immigrate to US. So is it better to apply for K1 visa and do you think we can get it processed by middle of July? It is end of feb. here? She does not want to have to deal with getting her hakou from her ex though. Or is spousal better option. Help please!

I'm not sure I agree that it's "no problem getting married on a tourist visa". You should not only be honest about it at the POE, but you should make a point of telling them your intentions, bring your evidence that you're not staying, and hope for the best. Otherwise, down the road, it might look like you entered under false pretences.

[chinacowboy 0]

I'm not sure I agree that it's "no problem getting married on a tourist visa". You should not only be honest about it at the POE, but you should make a point of telling them your intentions, bring your evidence that you're not staying, and hope for the best. Otherwise, down the road, it might look like you entered under false pretences.

We do not want to have to wait another 6-8 months for a k-1 visa that does not really apply to us since she will not be staying in America. She has to come back to China to work. We are not planning on coming to America until we have kids and those children are school age. We want to avoid the hassle of all the documents including getting the hakou from her ex by getting married in China. Getting married on her tourist visa looks like the best option. Talked to the consulate general yesterday and he said that it is not illegal to marry on tourist visa and will not lead to problems when shgets ready to apply doe spousal visa down the road. She will just need to convince the POE that she will not stay. She will have a letter from her employer, a rental contract from her landlord, bank statement showing she is covering cost to come to America and still have funds here, and a return ticket that will show she only intends to stay for two weeks. She is going to try to set an appointment to talk to POE for tourist visa on April 1st.

[Darnell 8,478]

my two jiao -

forget K-1, forget CR-1.

Get the tourist visa for her, come to the USA, marry.

Return to China.

When/if yer ready to actually immigrate to USA and repatriate yerself, file the I-130 via DCF to BeiJing or Guangzhou.

--if hukuo problem because of ex-husband, then she's probably not divorced properly. Check that, soonish.

--when you wrote POE above, you really meant the Non-Immigrant Visa Unit at a US Embassy or Consulate in China - as it's that office that issues tourist visas. Sure, the POE can turn her away, but it's rare.

Edited February 8, 2013 by Darnell

[TBoneTX 45,498]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is still determining a visa path. ***