My Chinese wife and I are in China...want to get her an immigration visa

[CitizenJ 5]

First off I want to apologize for making a thread that I'm sure is made every other day. I just want to make sure that everything I've researched regarding my specific circumstances is correct.

A little more than 2 years ago my wife (girlfriend at the time) came to visit me in America on a tourist visa

A few months later we ended up getting married and going back to China

Once in China, we got married here and have been here for about 1.5 years

Now in most of the stories I've read, the fiancees/spouses are in two different countries but it seems like the only difference between my ordeal and their's is that I would submit the I-130 form here in China rather than in America (Beijing has a USCIS office). After that I just file Form DS-261 and go through all the other rigmarole then my wife will get her IR visa? I guess the interview would be over here in China(?) Is that correct? How long will the process take in all (on aveage - from the time of first applying to the the time of her getting her visa)? My wife and I are planning to go back to America in July/August so I'm guessing that maybe we should start the application now. Also, how long after getting the IR visa will she be able to get American citizenship (on average)? I've read these threads: http://www.visajourney.com/forums/topic/269343-when-to-apply-for-citizenship/, http://www.visajourney.com/forums/topic/277713-ir-1cr-1-valid-year-to-gain-citizenship/ and I see that citizenship is granted after having held a greencard for 3 years but my question is is will my wife be granted a greencard immediately after coming to America (since she would hold an IR visa). That's a question I can not seem to find an answer to. I seem to get very ambiguous or incomplete answers in many places I look. I appreciate you time.

Also, I heard a rumor that me and wife won't be able to submit any marriage visa applications in Beijing; only in Guangzhou. Can anyone with experience in China clarify this for me please?

Thanks

Edited March 23, 2014 by CitizenJ

[LibCampFireClub 635]

http://candleforlove.com/forums/forum/1-general-visa-discussion-first-steps/

[CitizenJ 5]

http://candleforlove.com/forums/forum/1-general-visa-discussion-first-steps/

Another forum just like this one...you're a Godsend

[LibCampFireClub 635]

Another forum just like this one...you're a Godsend

The reason I posted the link is that it is a website that is China specific. You have so many questions, but didn't mention your economic situation. Do you have a a stable job and a home in the US? If not, you will need to return to the US and re-establish domicile.

[Penguin_ie 6,000]

***** Moving from K1 fiance visa to CR-1 spousal visa forum*****

[CitizenJ 5]

The reason I posted the link is that it is a website that is China specific. You have so many questions, but didn't mention your economic situation. Do you have a a stable job and a home in the US? If not, you will need to return to the US and re-establish domicile.

Thanks for posting that website. I appreciate it. It's just a majority of my questions have to do with the visa process in general. All of my records state that I'm currently living with my mother so I was planning on using her address for the visa application. I currently have a job in China, have a lot saved in the bank (almost $100K USD), and plan to get a job when I go back to America (although that's a moot point because I obviously prove that fact). Would I still be ineligible to be approved as a sponsor?

[Darnell 8,479]

100K in a usa bank

is evidence

for the I-864 (see the assets section)

and trumps a lot of stuff but

there are 2 paths for domicile:

1. proof of USA domicile or

2. proof of re-establishing domicile

I say pick #2, it's easier.

[pushbrk 13,629]

You've got some good advice already but in your opening post you wrote, "

A few months later we ended up getting married and going back to China

Once in China, we got married here and have been here for about 1.5 years".

Did you really marry twice? Married is married. If you married in the USA, there was no need to marry again in China. No harm done, but when you complete your forms, remember your actual "marriage" is the first one. You actually broke the law in China by marrying when you were already married.

[Pitaya 2,577]

http://guangzhou.usembassy-china.org.cn/immigrant_visas.html

[Ryan H 3,899]

Also, I heard a rumor that me and wife won't be able to submit any marriage visa applications in Beijing; only in Guangzhou. Can anyone with experience in China clarify this for me please?

It's not a rumor, it's fact. The only place in China where US Immigrant Visa interviews are conducted are at the Consulate in Guangzhou.

[pushbrk 13,629]

It's not a rumor, it's fact. The only place in China where US Immigrant Visa interviews are conducted are at the Consulate in Guangzhou.

Yes, that's a fact. But, the OP can submit an I-130 petition for a spouse, in Beijing. Later, the actual visa application will be submitted and eventually granted in Guangzhou. First you petition. When the petition is approved in Beijing, that opens the door for a visa application in Guangzhou. A petition is not an application for a visa.

[Al422 221]

Having liquid assets can take the place of having income. Is $100K enough? I really don't know. But it is worth looking into.

[pushbrk 13,629]

Having liquid assets can take the place of having income. Is $100K enough? I really don't know. But it is worth looking into.

It's enough easily for a household of three.

[CitizenJ 5]

You've got some good advice already but in your opening post you wrote, "

A few months later we ended up getting married and going back to China

Once in China, we got married here and have been here for about 1.5 years".

Did you really marry twice? Married is married. If you married in the USA, there was no need to marry again in China. No harm done, but when you complete your forms, remember your actual "marriage" is the first one. You actually broke the law in China by marrying when you were already married.

Once in China, we went through a huge ordeal getting all of our marriage documents translated in order to get me on a family visa. So you're right; we didn't get married again. My mistake.

So how long would this process take in all (on aveage - from the time of first submitting an I-130 petition to the the time of my wife getting her visa)?

Also, would my wife be granted a greencard immediately after coming to America (since she would hold an IR visa)?

[LBeachey 46]

Yes, the CR-1 (married< 2 years)/IR-1(married > 2yrs) visa is immediately a green card.

You should be able to DCF and you should be able to apply for the first step in the USCIS office at the Beijing Embassy. The final visa interview will be in Guangzhou.

You mentioned that you want to go back in July/August. DCF is fast but that might be pushing it. The fastest I have seen is about 3 months for DCF but I would figure on more like 6 months. The one thing that would significantly extend that is if your wife is a member of the Communist Party (this can add another 6 months).

And while you can use assets, I have never heard of anyone using assets in Guangzhou, (individual consulates in different countries seem to have their own unofficial rules). If a family member (parents, sibling) or a good friend is willing to be a co-sponsor, that would likely make the process easier.