Process for getting my Chinese wife a green card

[Unshakable Faith 493]

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.

K1 visas are not for married couples. And I don't believe immigration takes the "honest mistake" excuse when it's called a visitor's visa- it is clearly not for staying to adjust status.

He would need to file a spousal visa as others have said.

If he went the route of hiring a lawyer, they probably wouldn't need it until the interview stage if she is definitely hit with misrepresentation. Before that, it's just the necessary paperwork to fill out and make sure everything is truthful and honest about the past history.

[dwheels76 5,462]

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.

There's no work around No lawyer fixing. Read the first post. He was bringing his WIFE to US to adjust her status. K1 is off the table.

And hard to play the innocent mistake card when they knew ahead of time about getting to the US and adjusting status thus jumping the queue.

[Combskc64 0]

Thanks to all for this info. Actually she has been in the US 5 times before, so they said they would not ban her, since we honestly did not know what we were trying to do was illegal. They just cancelled her visa.

I wonder if someone can give me a list of all of the abbreviated initials used in the previous messages? I am sorry, but this is new to me and I don't understand the initials used.

Thank you again for so much support and advice.

[Unshakable Faith 493]

Thanks to all for this info. Actually she has been in the US 5 times before, so they said they would not ban her, since we honestly did not know what we were trying to do was illegal. They just cancelled her visa.

I wonder if someone can give me a list of all of the abbreviated initials used in the previous messages? I am sorry, but this is new to me and I don't understand the initials used.

Thank you again for so much support and advice.

Well it was very nice of them to let her slide on that but it is ultimately up to the visa officer's discretion that facilitates your interview. When they ask questions about the cancelled visa, they could choose otherwise. It may happen, it may not- there's really no way to tell until it happens. Just be prepared that it could happen, but be VERY thankful if it doesn't.

Good luck on your journey!

[Pitaya 2,576]

Thanks to all for this info. Actually she has been in the US 5 times before, so they said they would not ban her, since we honestly did not know what we were trying to do was illegal. They just cancelled her visa.

I wonder if someone can give me a list of all of the abbreviated initials used in the previous messages? I am sorry, but this is new to me and I don't understand the initials used.

Thank you again for so much support and advice.

Welcome to the forum.

Click on the Visa FAQs button, easily accessible at the top of the forum page, for a list of abbreviations and numerous other informative guides: http://www.visajourney.com/faq/k1faq.htm

Good luck on your immigration journey.

[Pitaya 2,576]

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.

The OP is already married. They are no longer eligible for a K1 Fiancee Visa.

As Ryan H pointed out, DCF is possible at the US Embassy in Beijing: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office and at the US Consulate in Guangzhou: http://guangzhou.usembassy-china.org.cn/cis.html One of those offices should be contacted for specific information and requirements.

Good luck on your immigration journey.

[leishi 11]

The OP is already married. They are no longer eligible for a K1 Fiancee Visa.

As Ryan H pointed out, DCF is possible at the US Embassy in Beijing: http://www.uscis.gov/about-us/find-uscis-office/international-offices/china-uscis-beijing-field-office and at the US Consulate in Guangzhou: http://guangzhou.usembassy-china.org.cn/cis.html One of those offices should be contacted for specific information and requirements.

Good luck on your immigration journey.

altho DCF is possible, i highly doubt the OP have anything other than a tourist visa for china, if that's the case, he is not eligible for DCF.

[JFH 12,189]

Well, we don't know for sure what the OP's status is in China. He may have residency there. All we can do is show him the option(s) available to him and he will have to decide which is the most appropriate.

[Combskc64 0]

Hi everyone, actually I do have a residence permit, since we've been married for 6.5 years and living in China the entire time.

Question, what is DCF?

[Unshakable Faith 493]

Hi everyone, actually I do have a residence permit, since we've been married for 6.5 years and living in China the entire time.

Question, what is DCF?

Direct Consular Filing. It's an option available instead of getting the paperwork completed by locations in the US. I believe it is a faster option, although I could be wrong about that piece of information.

[leishi 11]

Well, we don't know for sure what the OP's status is in China. He may have residency there. All we can do is show him the option(s) available to him and he will have to decide which is the most appropriate.

my apology, it appears that he does have residency status in china. He is able to file DCF for a much faster process.

Hi everyone, actually I do have a residence permit, since we've been married for 6.5 years and living in China the entire time.

Question, what is DCF?

please take a look at the following link for more information regarding DCF.

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

[Pitaya 2,576]

my apology, it appears that he does have residency status in china. He is able to file DCF for a much faster process.

please take a look at the following link for more information regarding DCF.

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

Well now, with more pertinent info from the OP, page 2 of this epic..... it looks like the OP may be able to do DCF, look at the link that leishi posted above and contact one of the links I previously provided to get the specific instructions and requirements for DCF in China.

Good luck on your immigration journey.

[Darnell 8,478]

hey - that's so cool !

he's eligible for Direct Consular Filing at Guangzhou or BeiJing -

so -

get back to China,

file the I-130 petition into USCIS office at Guangzhou or BeiJing, then wait until it's approved.

After approval, it's 'safe' to go back to USA (you, the USA petitioner)

then

after it's approved, she'll need to handle the visa intake stuff with the Immigrant Visa Office at US Consulate, Guangzhou, IV Unit.

The I-864 is taken for her, on interview day. The DS-260 Visa Application is taken online prior, after the I-130 Approval.

How long? 3 to 4 months from filing the I-130 to the interview date, then another 2 to 3 weeks after the interview to receive the visa packet.

After she arrives in USA, figure 7 to 14 weeks to receive a green card, but she doesn't need to wait about anything.

Go Get Em, and Good Luck !

[Jon and Fangfang 4]

+1 Darnell

OP,

I recently took Darnell's advice and started the DCF process. I can tell you that if you follow the links provided, the websites literally lay out every step of the process. The forms are provided via editable PDF that you can print out after completing. You can go to the Consulate website to set up your first appointment to turn in the I-130. When I signed up for mine it was only about a 2 week wait, I am in Suzhou, so I use the Guangzhou consulate, might be different in Beijing. That is just to turn in the first form. Darnell's timeline is accurate, and the websites even give you approximate wait times for each stage. Check it out and good luck!

Thanks again Darnell!!!

[leishi 11]

+1 Darnell

OP,

I recently took Darnell's advice and started the DCF process. I can tell you that if you follow the links provided, the websites literally lay out every step of the process. The forms are provided via editable PDF that you can print out after completing. You can go to the Consulate website to set up your first appointment to turn in the I-130. When I signed up for mine it was only about a 2 week wait, I am in Suzhou, so I use the Guangzhou consulate, might be different in Beijing. That is just to turn in the first form. Darnell's timeline is accurate, and the websites even give you approximate wait times for each stage. Check it out and good luck!

Thanks again Darnell!!!

oh snap, a fellow michigan resident.

sorry for the thread hi-jacking.