jkim

Hi All,

So now that my wife and I are finally married, we're preparing our paperwork for the AOS. She entered Chicago on a K1 on august 11 and we got married august 18 in a civil ceremony. I have all the paperwork almost ready to go for the AOS but I have a few questions regarding the I864.

Background info.

I, the petitioner, have zero income. I'm currently a dental student in my 2nd year and I've pretty much been living off of my savings, and being in a traditional Chinese household, my parents help out with most of the other stuff.

For the K1, I prepared an affidavit of support and my dad was the joint sponsor, that was simple and painless at Guangzhou. Now for the AOS, my dad will again be the joint sponsor. His income is more that adequate to sponsor my wife and have my mom and I on as dependents.

Questions.

1. To my understanding, since I am petitioning for my wife, I have to fill out an I864 even if it has 0 income on it correct?

2. As I was filling out the I864, it says stuff for tax returns and what not, I do not have tax returns since the last time I worked was in 2011. Is it ok to leave that blank?

3. My father will then fill out an additional I864 as the only joint sponsor. I'm assume that means he doesn't have to fill out an I864a?

4. Since my mother is a household member, she then fills out an I864a?

Just to make sure, basically I fill out an i864 with 0 income, my dad will be the joint sponsor and submit all necessary documents for proof of income, and my mother being a household member fills out an I864a. Please correct me if I am mistaken anywhere and please advise if there are any foreseeable problems. Thank you!

James

Thanks for the post! I had a question regarding staying in Guangzhou after the interview. My fiance has to go back to work the following day so we were hoping to leave Guangzhou right after and return to shanghai. Do we have to stay in the area to pick up her passport or can we leave as soon as the interview is finished? Thanks!

Forgot to mention that I am the USC and she is a Chinese citizen living in Shanghai.

Hey all,

I was over in the k1 forums and a member told me to post my follow up question over here.

Here's some background info in a nutshell. I'm trying to gather as much information as I can before my fiancé and I embark down the K1 path. Now my fiancé and I are both out of work, I'm in dental school, and she's unemployed. In order to apply for a K1, we will require the assistance of a co-sponsor. However, a member said that the consulate in china (i'm assuming in Guangzhou where k-1 interviews are conducted) don't really like to see a cosponsor on a K1 visa. Does anyone have any experience with this in Guangzhou? If they don't like cosponsors, then we might have to embark down the CR1 route. Any information will be appreciated. Thanks guys!

Jeff

It's not an official rule, but it is something most embassies in the region go by (they have broad lattitude to not approve based on the "potential public charge" issue). If you ask in the forum I linked to, or do a Advanced Search on this site, I am sure you'll find some answers.

ok thanks!

Yes she can still visit, no matter which visa you choose.

Be careful if you are considering the K1 fiance visa- many Asian countries' US embassies do not allow co-sponsors for the fiance visa, only the CR-1 spousal visa, so if you must have a co-sponsor, you may be better off going for the CR-1 because they must accept a joint sponsor for that. Do some reading in our regional China forum regarding the subject.

Oh interesting thanks for the heads up. Is there a place where I can verify if they allow co-sponsors on K-1's in China?

use the guides to compare the different visas to see which one will work best for you and your fiance. There really is no quickest route. They both take time and patience.

We did K1 because it was easier for us to get married here than in my husbands country, and at the time, I really didn't have a good understanding of the advantages and disadvantages of each visa. If I had to do it all over again, I would probably go the Cr1 route instead of K1.

CR1 is a little cheaper but the biggest advantage is that they will get their green card and be able to work upon entering the country. With K1 visa you can not work or travel out of the country until EAD/AP is approved which takes about 3 months after applying for adjustment of status which you do after you have married ( which you must do within 90 days of entering the country).

Use the guides to compare which visa would be best for you, because none of them are quick!

Good luck on your journey!

Thanks so much for the link. It seems like K1 is the best bet for us too, we want to be together asap and shes not in a hurry to work...

She currently has a b1/b2 tourist visa that is valid until 2014. Can she still travel on that visa after we send in her I-129?

Got any tips for us before we embark on the long road ahead?

Hi everybody, first post and i apologize in advance because its one of those help!!! posts...

a little background info on my current situation:

Me : 27 year old, dental student, US citizen, male.

Fiancé: 29 year old, unemployed, Chinese citizen, female.

We met a little over a year ago while I was on vacation in my home town Shanghai, and clicked right away. Bona fide relationship, with many many trips together, pictures, boarding passes, passport stamps, cards, etc... We've spent more than half the year together, traveling to and from the States and China. I'm leaving in March to see her again.

Problems: I am a students so I have 0 income but my parents will co-sponsor. We both have savings but it probably sums up to only 50-60k max USD. Are there any other foreseeable problems with our case? What is the fastest route, K1 or CR1 for our situation?

We can get married in either country we don't mind. Thanks!