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Process for getting my Chinese wife a green card

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Hello everyone, I could really use some help for the process of getting my wife into the US from China. I read the website and thought I could get her here with a visitor visa, then apply to change her status. But when we arrived in Detroit, they said that was illegal and canceled her visitor visa and made me buy her a ticket to return to China. Now, I am uncertain what to do next.

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Hello everyone, I could really use some help for the process of getting my wife into the US from China. I read the website and thought I could get her here with a visitor visa, then apply to change her status. But when we arrived in Detroit, they said that was illegal and canceled her visitor visa and made me buy her a ticket to return to China. Now, I am uncertain what to do next.

Filing a I-130 petition takes about 10 months to 12 months for the entire process.

http://www.visajourney.com/content/i130guide1


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You would have saved yourselves a lot of misery and money if you had googled some information before she flew to the USA on the visitor visa. What you hoped to do was very illegal. Sorry for what you went through! So now it's like dwheels said, you have to file for I-130. The average wait is a year to a year and a half. It took 15 months for us.


IR-1/CR-1 Visa

I-130 Sent : 2014-09-06

I-130 NOA1 : 2014-09-08 I-130

I-130 Appr5oved : 2015-02-22

NVC Received : 2015-03-09

Received DS-261 / AOS Bill : 2015-03-20

Pay AOS Bill : 2015-03-28

Send AOS Package : 2015-04-28

Submit DS-261 : 2015-04-25

Receive IV Bill : 2015-04-14

Pay IV Bill : 2015-04-22

Send IV Package : 2015-04-28

Scanned date: 2015-04-28

Check list : 2015-06-07

Check list scanned: 2015-06-10

Sent to Supervisor 49 days after scanned: 2015-07-28

Case Complete 7 days after it went to Supervisor: 2015-08-05

Interview Appointment Letter from NVC: 2015-13-10

Case shows as READY 2015-10-19

Medical done: 2015-16-11

Interview Date: 2015-11-18

APPROVED....GOD IS GREAT!!!!! PRAISE THE LORD GOD ALMIGHTY! :goofy:

Case changed from "Ready" to "AP" on 19th, then to "Issued" on 22nd

Visa was ready for pick up November 3rd in the afternoon

VISA IN HAND! THANK YOU GOD!

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Ok, so I am in the US now. If I get the I-130 started now, when can I return to China to be with my wife? Should I wait until I receive the approval?

You can return whenever you want.

For the I-864, you will need to show a US domicile or evidence that you will reestablish one. You will also need to meet the financial requirements. If you can't meet the financial requirements, then you can get a Joint Sponsor. You still would need to meet the US domicile requirement with a JS.

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Ok, so I am in the US now. If I get the I-130 started now, when can I return to China to be with my wife? Should I wait until I receive the approval?

If you realy wana be with her soon just file the Spouse Visa while you stay with her in China. Do it all at the US Embassy in China then and wait with her there if you can.

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If you realy wana be with her soon just file the Spouse Visa while you stay with her in China. Do it all at the US Embassy in China then and wait with her there if you can.

No dcf in China

If you realy wana be with her soon just file the Spouse Visa while you stay with her in China. Do it all at the US Embassy in China then and wait with her there if you can.

No dcf in China

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~Moved from Member Intros to IR1/CR1 Spouse Visa Forum~

~Inquiry about spousal visa process~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Was this her first time coming to the US?

I'm asking because if she obtained the visa in order to come over and adjust status (which is what you guys told the CBP), she may be looking at a ban for misrepresentation for obtaining a visitor's visa to immigrate.

Not meaning to scare you, but it could be something that you both might have to face and it's better to have a heads up than to walk into it blindly. Material misrepresentation is a lifetime ban but can be overcome with a I-601A waiver packet with established extreme hardships (which will probably hard to prove if you relocate to China with your spouse because you will be showing it's not an extreme hardship for you to relocate).


Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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No dcf in China

No dcf in China

O my bad i didnt know china didnt have DCF

WRONG!!!!!!!!!!!!!!!!!

There are USCIS field offices in Beijing and Guangzhou, depending on where a USC lives in China and if they are eligble, DCF is possible.

Before making declarative statements on DCF one way or another, it's best to check the list of where international USCIS offices are located: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Was this her first time coming to the US?

I'm asking because if she obtained the visa in order to come over and adjust status (which is what you guys told the CBP), she may be looking at a ban for misrepresentation for obtaining a visitor's visa to immigrate.

Not meaning to scare you, but it could be something that you both might have to face and it's better to have a heads up than to walk into it blindly. Material misrepresentation is a lifetime ban but can be overcome with a I-601A waiver packet with established extreme hardships (which will probably hard to prove if you relocate to China with your spouse because you will be showing it's not an extreme hardship for you to relocate).

I-601A is not the right form, that's filled out by people who were already in the US but overstayed and are waiting on a waiver ruling in the US before leaving for a visa interview in their own country.

With that being said, the OP's spouse will be flagged as an immigration risk and will never get another tourist visa. However, this case is not the first time someone has been caught with the wrong kind of visa and denied entry and it won't be the last. While this will have to be disclosed in the future, the probability of it being a major issue is remote.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I-601A is not the right form, that's filled out by people who were already in the US but overstayed and are waiting on a waiver ruling in the US before leaving for a visa interview in their own country.

With that being said, the OP's spouse will be flagged as an immigration risk and will never get another tourist visa. However, this case is not the first time someone has been caught with the wrong kind of visa and denied entry and it won't be the last. While this will have to be disclosed in the future, the probability of it being a major issue is remote.

I meant I-601, without the A. That is what is filed for a misrepresentation ban, among other reasons.


Our Journey:
04/19/2014- Met online
10/2014- Visited Nigeria and he proposed!!!! 
02/28/2015- Sent I-129F petition
03/05/2015- NOA1
09/2015- Visited Nigeria again!!!
10/28/2015- NOA2 (237 day wait at TSC)
11/13/2015- Sent to NVC
11/27/2015- Arrived at Embassy
06/2016- Third visit to Nigeria!
06/15/2016- Interview, given option to file I-601 waiver.
08/16/2016- Waiver submitted (no lawyer).
11/21/2016- Waiver approved with expedite.
01/2017- Embassy requested interview. 
04/2017- Fourth visit to Nigeria.  K1 officially denied. 
04/25/2017- NOA1 for 2nd K1.
07/27/2017- Case transferred to TSC.
11/17/2017- Case transferred back to CSC.
01/16/2018- NOA2!! (266 day wait)
03/08/2018- Interview (AP)
05/03/2018- VISA APPROVAL!!!
05/14/2018- Visa issued
05/18/2018- Visa picked up
05/25/2018- HE'S HOME!!! 💙💙💙


God has given me a great knowledgebase through research and other members here on VJ.  Please do not hesitate to reach out if I can be of any assistance to you! 

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Hello everyone, I could really use some help for the process of getting my wife into the US from China. I read the website and thought I could get her here with a visitor visa, then apply to change her status. But when we arrived in Detroit, they said that was illegal and canceled her visitor visa and made me buy her a ticket to return to China. Now, I am uncertain what to do next.

The work around for that is K-1 fiancee visa for now. You had already demonstrated immigration intent. On the form. .... have you been denied entry or visa, say YES and explain why. You had wrong visa class or type and have corrected with the K-1 application. Actually you need K-1 not visitor visa. Have an attorney represent you for the K-1. Its an honest innocent mistake and this should solve the problem. Its a bonafide relationship, dont worry.


=============
11/16/15 - I129F submited
11/18/15 - NOA1
1/4/16 - NOA2
1/8/16 - hardcopy NOA2

1/20/16 - NVC sends case to Guangzhou (supposingly electronic I guess as NVC confirmed receipt)

1/22/16 - NVC ready status

1/24/16 - GUZ email replied pre interview processing - wait for P3

1/25/16 - NVC Notice received about transfer

2/16/16 - Set appt for 3/17/16 745am. Note that DS160 number field is not necc for K-1 applicants

2/22/16 - GUZ email replied pre interview processing - wait for P3, NVC replied, GUZ processing

2/29/16 - NVC status change to Administrative Processing (lol after 4 emails to enquire lol).. sounds like P3 OTW

3/3/16 - P3 received, P3 returned with photos, p3 cover, passport copy, DS160

3/7/16 - P3 received at Embassy

3/7/16 - P4 received.. WOAW... amazing.. lol never expect same day P4

4/7/16 - Interview

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