K1 is currently at NVC. In China with fiancee now. Visa is about to expire. Can I get married in China in order to stay with her in China?

[jamesren 0]

I applied for a K1 visa in Feb and in June was notified by USCIS that my petition was approved and sent to NVC. I think it's still there and we're just waiting.

 

I'm currently in Shanghai with my fiancee, but my visa will expire in a few weeks and I'll be forced to leave China. At the moment, foreigners are not allowed to enter China, so despite having a multi-entry visa, I won't be able to come back in.

 

We went to the entry/exit bureau and they recommended getting married in China which would allow me to stay longer in China, while we wait for the K1 to process. Will that negatively affect my K1 process? Our plan is still to get married in the States and then apply for an adjustment of status. Would it be ok to also get married in China in the meantime while we wait for the K1 to process?

 

Thanks in advance for any help you can provide.

 

James

[Crazy Cat 41,979]

Your plan is seriously flawed.  If you marry in China, you will no longer qualify for a K-1.........you will have to start the CR-1 process.....

Edited August 21, 2020 by Lucky Cat

[JacobP 185]

You can not get married twice, if you get married in China you're legally married in the eyes of US law. Your fiance will no longer be eligible for a K1 and you will be forced to restart from the beginning on a CR/IR-1 visa.

[jamesren 0]

3 minutes ago, Lucky Cat said:

Your plan is seriously flawed.  If you marry in China, you will no longer qualify for a K-1.........you will have to start the CR-1 process.....

yeah I definitely don't want to restart the process and switch to CR-1. We've already waited 6 months for the K-1. Not to mention paid a good amount of fees already.

 

We didn't plan on marrying in China when I first applied for the K-1. We wanted to get married in the States. But now that China has banned foreigners from entering the country, one of the only ways to stay here in Shanghai is to get married in China. I definitely don't want to do that though if it will negatively affect my K-1 process.

[Sparkle Sparkle 914]

K1 is off the moment you marry... You will have to start a new petition CR1 and it will take at least 1.5years from now

Edited August 21, 2020 by Sparkle Sparkle

[jamesren 0]

4 minutes ago, Sparkle Sparkle said:

K1 is off the moment you marry... You will have to start a new petition CR1 and it will take at least 1.5years from now

bummer...If I had known about the pandemic, I would have applied for the CR-1 from the beginning. So it goes I guess.

[igoyougoduke 1,661]

52 minutes ago, jamesren said:

bummer...If I had known about the pandemic, I would have applied for the CR-1 from the beginning. So it goes I guess.

Yeah you along with the rest of the world didnt know about it .  

[Crazy Cat 41,979]

8 hours ago, jamesren said:

yeah I definitely don't want to restart the process and switch to CR-1. We've already waited 6 months for the K-1. Not to mention paid a good amount of fees already.

 

We didn't plan on marrying in China when I first applied for the K-1. We wanted to get married in the States. But now that China has banned foreigners from entering the country, one of the only ways to stay here in Shanghai is to get married in China. I definitely don't want to do that though if it will negatively affect my K-1 process.

You might have to relocate to the US alone and establish domicile while your fiance waits in China.  Sometimes separation is unavoidable.  Good luck.

[retheem 566]

13 hours ago, jamesren said:

I applied for a K1 visa in Feb and in June was notified by USCIS that my petition was approved and sent to NVC. I think it's still there and we're just waiting.

 

I'm currently in Shanghai with my fiancee, but my visa will expire in a few weeks and I'll be forced to leave China. At the moment, foreigners are not allowed to enter China, so despite having a multi-entry visa, I won't be able to come back in.

 

We went to the entry/exit bureau and they recommended getting married in China which would allow me to stay longer in China, while we wait for the K1 to process. Will that negatively affect my K1 process? Our plan is still to get married in the States and then apply for an adjustment of status. Would it be ok to also get married in China in the meantime while we wait for the K1 to process?

 

Thanks in advance for any help you can provide.

 

James

If you get married anywhere, even in Mars or Jupiter, your K1 journey will be over.

[retheem 566]

13 hours ago, Sparkle Sparkle said:

K1 is off the moment you marry... You will have to start a new petition CR1 and it will take at least 1.5years from now

I know people used to apply CR1 then K3 to speed up things. Does this work these days?

[Unlockable 7,315]

2 minutes ago, retheem said:

I know people used to apply CR1 then K3 to speed up things. Does this work these days?

Not anymore. 

 

Hasn't work in a few months.

[Sparkle Sparkle 914]

1 hour ago, retheem said:

I know people used to apply CR1 then K3 to speed up things. Does this work these days?

That didn't work much pre covid and it won't at all now... Wait times are crazy and it's not about spend anymore. 

[mushroomspore 3,044]

3 hours ago, retheem said:

I know people used to apply CR1 then K3 to speed up things. Does this work these days?

They have been phasing out K3 over the past few years. They issued very few, like 11 or so one year (can't remember exact statistic or when I saw it but it was around 2017 or 2018). 

[mushroomspore 3,044]

17 hours ago, jamesren said:

bummer...If I had known about the pandemic, I would have applied for the CR-1 from the beginning. So it goes I guess.

Yeah unfortunately the pandemic really threw everyone for a loop. But some separation time during the immigration process is pretty standard. Most couples do not live/stay together the whole they're waiting. I know it sucks to have to leave but this will still be less separation time than starting over with a CR1.

Edited August 21, 2020 by mushroomspore

[geowrian 22,337]

28 minutes ago, mushroomspore said:

They have been phasing out K3 over the past few years. They issued very few, like 11 or so one year (can't remember exact statistic or when I saw it but it was around 2017 or 2018). 

Only 5 last fiscal year, and none in Asia IIRC.