K-1 vs CR-1 China

[dimsh2000 1]

Hi Everyone. I'm currently a US citizen living in California. My girlfriend is a Chinese citizen living in Beijing and we have been together for about 2.5 years. As for many people, COVID has been extremely difficult, but we have been able to keep our relationship strong and are ready to get married. I have read through many of the details regarding the K-1 and CR-1 visas, but was hoping to get clarification on a few topics. I understand that the K-1 visa comes with many limitations once the beneficiary arrives in the U.S. and the CR-1 is preferred, as Crazy Cat has summarized in many post replies (thanks for doing that BTW, makes things much clearer!). My concern is with the actual marriage process. For background, my girlfriend has a valid 10 year B-2 visa in her Chinese passport and is fully vaccinated with Sinovac.

 

Assuming the US government will lift the COVID-19 geographic entry ban on Chinese citizens in November as planned and she is allowed entry into the US on her B-2 visa, would the following scenarios be plausible?

1. Enter the US on B-2 visa, get married within a week or two, return to China right after, and start CR-1 process

2. Enter the US on B-2 visa, get married after 90 days so as to not violate the USCIS 90 day rule, file for adjustment of status while living here

 

I want to avoid any potential grey legal areas in these scenarios, so would there be any risk with either of these? Also, based on current consular processing times, would these scenarios be faster or slower than going through the K-1 process?

 

If neither option works, would it be possible for us to meet in a third country, get married there, and then start the CR-1 process? If so, would the processing of the visa have to go through Guangzhou or the local consulate/embassy of the third country where we get married?

 

I understand it's a lot of questions, so any help would be greatly appreciated! Travel to/from China is still heavily restricted, so trying to find a way that would reunite us the soonest. Thanks!

 

 

[Crazy Cat 39,435]

Assuming she can convince CBP that she will return to China after the visit, :she can marry, then return.

Option 1.  Perfectly legal.

Option 2.  Not legal.  That is fraud.  A person cannot enter the US as a visitor with the intent to stay and adjust status.

Option 3.  Perfectly legal.  She would interview in her home country or wherever she is a resident.

 

Best wishes on your journey!!!

 

 

Edited October 4, 2021 by Crazy Cat

[canadian_wife 1,791]

2 hours ago, dimsh2000 said:

2. Enter the US on B-2 visa, get married after 90 days so as to not violate the USCIS 90 day rule, file for adjustment of status while living here

 

There is no USCIS 90 rule.  Option 2 is clear fraud.

 

Good luck