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Jackson`

Visa for my Chinese fiance

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Hello!

I (US citizen) have lived and worked in China for a little over four years and am now planning to move back to US (minnesota) I want to know the best plan for my fiancee (Chinese). We are engaged and currently she has a tourist type of visa that gives her 156 days in the US at a time and is valid for 9 years or so I believe. However, in our situation of starting new life in the US we do not want to be in a single income household, and would want to be eligible for her to work as soon as possible. So my question is, should we get married in the states right away and apply for a green card, or should we first apply for K-1 fiancee visa, then get married and apply for greencard. What is our best course of action in order to begin a new life in the US. What other information is important for our situation. I am in the very beginning of research and figuring out a plan. So any help is greatly appreciated THANK YOU!!!

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With your requirements you only have one option, marry and file for a Spousal Visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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30 minutes ago, Jackson` said:

This seems a little sketchy. Don't want to risk trouble by marrying on a tourist visa. Seems we should be applying for K-1 visa based on my research... I could be wrong though

She can enter the US with you, using her tourist visa, and marry.  She cannot do that and then adjust status after.  She would need to return to her country as you apply for a spousal visa.

 

The other option is to apply for a K-1.

 

Both visas have their own unique pros and cons.  

Edited by Jorgedig

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Why nit marry in China?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.


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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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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