John Buda

Guest post by Immigration Attorney John Buda
Buda Law Group
budalawgroup@gmail.com
310-382-7349

Approvals of an I-130 after filing for a K3.  USCIS approves the I-130 and the NVC drops the K non-immigrant visa in the process.
What happens to the Children over 18?

Mr. Buda welcomes your questions in comments below.

My name is John Buda.  I am an immigration attorney practicing in Los Angeles, California.  I am writing today to help clarify a complicated and clumsy part of the immigration code that deals with K4 children over 18.

As most readers of this blog already know, a K4 visa is the “derivative” of the K3 visa that is issued to the spouse of a US Citizen.  The K3 is issued to the spouse in order to allow the spouse to travel to the United States to join the US Citizen spouse, and change their status to that of permanent resident while here in the United States.

The K4 visa is issued to the child of the foreign born spouse’s unmarried children under 21 to allow the child to accompany the parent.  The K3 K4 visas are issued as a result of the US Citizen’s filing of a I-129F petition on their behalf.  Congruent to all of this, the USCIS marriage petition, the I-130, must be filed in order for the marriage to be recognized and any visas to be issued.

The issue with the K4 is that in order for the child of the foreign spouse to receive their own permanent residency “green card” in the United States, the relationship between the US Citizen spouse and foreign spouse must be created before the child’s 18th birthday by way of marriage to the foreign spouse.  Once in the United States, the child can adjust their status from K4 to that of permanent resident up until their 21st birthday.

I-129F for K3 – K4 Will Be Closed

On February 1, 2010, the USCIS threw a wrench into the works by issuing a memo to their field offices stating that once the I-130 is approved, the need for the I-129F K3 K4 visas no longer exist, and the K3 K4 visas will be closed.  If this happens, then the foreign spouse and child are left to apply for their permanent residency in their home country through the US Embassy or Consulate.  This process can be quite lengthy.

Once the K3/K4 visa files are closed, if the K4 child is already in the United States, the USCIS states that the K4 child will accrue “unlawful presence” unless the US Citizen spouse files a separate 1-130 on their behalf to establish their own relationship to the US Citizen spouse.  Again, they can do this as long as the marriage to the foreign born spouse took place before the child’s 18th birthday.  If the marriage takes place after the child’s 18th birthday, then the child’s only option is “consular processing”.

What to do?

The best course of action is to bring the foreign born spouse and child to the United States to adjust their status here, and not wait for the US Embassy or Consulate to adjust their status.  From my experience, many things can go wrong in “consular processing” and the delays caused by mistakes take months to fix instead of weeks.  Therefore, the US Citizen spouse and their foreign born spouse must take care to file the I-129F petition for the K visas slightly ahead of the I-130 so that the USCIS can send the I-129F approved petition to the NVC (National Visa Center) BEFORE the I-130 is approved.

Will this happen exactly?  Honestly, I’m not sure.  The USCIS has issued no guidelines to define what they will do with a I-129F filed before an I-130.  Their own I-129F instructions state that you must show evidence that the I-130 has been filed.  The USCIS may process the I-129F first, or they may set the I-129F aside to wait for the I-130.  At this point, it is most likely a case by case adjudication.

Below I outline a best case scenario:

1. Marry foreign spouse overseas before their child turns 18 years old.
2. Go through the proper documentation steps for your foreign spouse, by filing an I-130 for her Green Card, and an I-129F for her K3 Visa to travel to the USA.  Try to file the I-129F first!
3. Make sure that her child is listed on the I-129, so that they can travel to the USA on the K4 visa.
4. When they all arrive in the United States, make sure that you quickly file a separate I-130 here for the child before their K4 expires.

I hope the above helps to clarify the process even if it does not supply a secure roadmap to a successful permanent residency for the foreign born child.  It is important to remember that the foreign born spouse can apply for their child to come to the United States on their own after they receive their own permanent residency.  But the wait time for this process is very long.

If you have further questions, please feel free to send me an e-mail at budalawgroup@gmail.com, or call me at 310-382-7349.

Good Luck

Legal disclaimer: John B. Buda, Esq.  The statement above is general in nature.  For your individual case, not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

Post from: Chinese marriage

USCIS Approves an I-130 and Drops a K3 Visa – What Happens to the Children Over 18?

Community Member Creates a Blog

Blog Post

At China Marriage 101 Community, members can create their own blog. A good place to share their stories about marriage in China and the process of getting their spouse to the United States.

One of our members  from Dayton Ohio wrote a blog post about his experience with China Marriage 101 and the support he received. I want to thank Kent for the kind words. You can read his blog post at China Marriage 101 Community Magazine.

No Skype Group Call This Week

Next week we will have a group call-in on Skype. The Skype to Skype call-in is open to members. But, we need to get connected first.

Group Call-In

How to be included on Skype Group Calls

1. From your Skype dashboard, send Randy and Xiaoying an invitation to connect on Skype. My ID is available to members at the Forum under announcements. See Skype Group Calls
2. After I accept your invitation I can include you in the China Marriage Workshop Group on Skype.
3. Watch your email inbox for announcements on dates and times. I will call members from my Skype dashboard at the time of the call-in. Leave your webcams off. Voice only so we don’t lose our connection.

Immigration Attorney Supports our Mission

Recently I shared some emails with immigration attorney John Buda. John married in China in 2002 and lives with his wife and three lovely children in the L.A. area. John explained to me that his wife had talked with one of our members and had nothing but good things to say. So he commented at our blog.

John wants to be involved with our community. To help support our mission he has offered to write a guest post at the blog. This will be coming perhaps next week as he is quite busy. We will send subscribers  an update for John’s post.

This will be an opportunity to ask some question by leaving a comment for John.

What does China Marriage 101 and a Cup of Coffee Have in Common?

If you’re just starting out, it might seem overwhelming when you consider all of the different government offices and things you need to learn to complete your paperwork.

The Path of Your Forms and Applications

Clerk of Courts
Your states Secretary of State
Chinese Consulate/Embassy in the United States
Chinese Civil Affairs Office
Chinese Marriage Bureau
English Translations Provided by Chinese Government
U.S. Citizens and Immigration Service (USCIS)
National Visa Center (NVC)
U.S. Consulate in China

So, what does this have to do with a cup of coffee?

If you have a cup of coffee or beverage per day you will spend over $34 per month.

China Marriage 101 Community membership is half the cost of a cup of coffee per day.

Fellowship, workshop guides, checklist, and members support for the completion of the CR1 marriage visa.

But, What Do I Get?

You get a systematic and step-by-step process for completing your forms and applications.

You join a fellowship of U.S./Chinese couple that are in the process or have completed it already. A fellowship 100 members strong..

Live Chat and messaging with members for support

You get peace of mind. No stone unturned. You know where to start, what to do, and what happens next.

What Next

Are you scratching your head wondering if half the price of a cup of coffee is worth peace of mind?

Don’t…

Join us at China Marriage 101 Community

Post from: Chinese marriage

News From Chinese Marriage USA

Tonight at 8pm Central time, we are going to have our first group conference using Skype. I got the idea after watching Xiaoying’s Bible study group use the feature.

This will be open to members at China Marriage 101 Community. If we are not already connected on Skype we will need to get connected after I give you the group ID. This will allow me to add your ID to the group call.

After we connect on Skype, I will call the group from my Skype dashboard. Try to get signed up before the conference.

If you don’t have Skype, it is a free download..http://www.skype.com/intl/en-us/get-skype/

For instructions, go to the “Forum” at http://chinamarriage101community.com and click “Announcements”.

Bring your question or just stop by and say hello to the group. Hope to see you tonight.

Randy & Xiaoying

Sign-up for our newsletter updates for future announcements

Friends of Randy & Xiaoying

We want to share your good news with others. Email your marriage in China stories and photos to mail@chinesemarriageusa.com.

Post from: Chinese marriage

China Marriage 101 on Skype

China Marriage 101 Community

After years of developing friendships with U.S./Chinese couple we wanted a way to stay connected. Now, not only can we deliver information that can be up-dated on a moments notice, couples can stay connected for fellowship in the years to come.

The network format will provide members a means to share wedding, travel photos, and videos with each other. In addition, messaging, broadcast and IM, voice and video.

Groups Forums

China Marriage Visa Group – IR-1, CR-1, K-3, and Direct Consular Filing (DCF)
China Fiance Visa Group – Members filing K-1 Fiance Visas
Chinese Spouse/Fiance Support – Chinese members in the U.S. offering support and encouragement… Invite your loved one to join

Workshops

#1 Pre-Flight for Marriage in China

• How to gather legal documents in the U.S. to be used to register for marriage in China.

#2 Registering for Marriage in China

• Learn all the necessary steps for registering your marriage and collecting supporting documents for filing petitions.

#3 Filing with USCIS

• Vital information to assist you and add to your knowledge for filing petitions.

#4 USCIS Spouse Petition Approval

• Instructions from the National Visa Center (NVC) for Completing the Immigrant Visa Process

Information and Support from First-Hand Experience

Our success, and that of our members, is based on the principal of first-hand experience. From years of research, support, and answering questions, our foundation has been built on personal relationships.

If you can copy success, our workshops and groups offer an alternative to high cost legal fees. After your success, China Marriage 101 Community invites you to stay connected and to help others with Free Lifetime membership

On March 9th, come join us at China Marriage 101 Community

Post from: Chinese marriage

China Marriage 101 Moving to Live Network

U.S. Citizenship and Immigration Services (USCIS) reminds customers
that its new fee schedule goes into effect Nov. 23, 2010.
Applications or petitions postmarked or otherwise filed on or after
this date must include the new fee, or they will be rejected.

I picked out some of the ones that are directly related to spouse
and fiance visas.

I-130    Petition for Alien Relative, From $355 to $420

I-485    Application to Register Permanent Residence or Adjust Status,
From $930 to $985

I-751    Petition to Remove the Conditions of Residence, From $465  to
$505 (Add $85 biometric fee for a total of $590)

I-129F    Petition for Alien Fiancé(e), From $455  to  $340

Biometrics: Capturing, Processing, and Storing Biometric
Information, From $80 to $85

For the full list of fee changes you can check at the USCIS website.

Randy & Xiaoying

Post from: Chinese marriage

USCIS New Fee Schedule

Chinese women meet in Nanning

On a trip to China this month, Xiaoying (center) spoke with other Chinese women awaiting immigration to the USA. In a newsletter sent to our friends and subscribers, we shared information to make it easy for spouses of U.S. citizens who are waiting for a visa to contact Xiaoying.

While my passion has been supporting U.S. citizens with their paperwork for registering for marriage in China, Xiaoying has enjoyed the friendships that have developed with their Chinese loved ones. At home in Wisconsin, Xiaoying speaks often, through email or live chat, to answer questions about immigrations and life in the USA.

Both the U.S. and Chinese spouse have reported that this type of support has helped eliminate some of the fear of not knowing what to expect. This has been an issue with many Chinese women who are waiting for their interview at the U.S. Consulate in China.

At a dinner meeting held in Nanning on October 4th, Xiaoying discussed U.S. immigration forms and evidence of relationship. This included the items which must be collected, assembled and presented at the U.S. Consulate in China. Also in attendance were her sister Feng, and good friend Hong who are also Permanent Residents of the United States. The three ladies have first hand experience in marriage visas for CR-1 and the K-3.

Xiaoying and I have truly enjoyed our journey in helping others. From our own experience of getting married in China in 2005, it became quickly apparent that obtaining current and correct information was not going to be easy. One of the biggest hurdles for us, was finding others to talk to, who had come through this journey or were currently on the path.  I remember, at that time, thinking, what do I do first? Did I do this correctly? And then,  what’s the next step? Today, we answer those questions. We make ourselves available. We conduct research, case studies, and contact immigration attorneys when USCIS changes procedures.

To help others obtain current, correct information or to answer questions, we offer a free subscription. For all new subscribers, we also provide a free report called “China Marriage and US Immigration”. Issued in short topics for easy reading, the series offers insight into registering for marriage in China and the process of marriage visas.

To answer questions and to support or members, Xiaoying and I use email, Skype, QQ live chat from China, and the good old telephone. We use Aweber email service to provide privacy and permissions. Aweber has a strict No-Spam policy and that’s why we use the service. We hate spam as much as you do. We also provide an unsubscribe link in every mailing.

Post from: Chinese marriage

Chinese Women Hold Discussions on Immigration to the USA

In 2010, USCIS has been aggressive in making their system more efficient so that immigration forms can be processed faster.

September 17th, 2010, is the cut-off date for applications to be received at USCIS Service Centers.  Now they must be mailed to the appropriate lockbox facilities.

The new updated forms with mailing instructions are now available for the following forms:

• I-129F
• I-130
• I-140
• I-526
• I-539
• I-817

Always download your immigration forms and instructions directly from the USCIS website or call the USCIS Forms Line at 1-800-870-3676 to order by mail. Here is a direct link: http://www.uscis.gov/forms

USCIS Forms are free, but we are still hearing from our readers, that there are websites that will try to sell immigrations forms. Also, there are website that say “we have the forms you need”. Don’t fall for these scams. USCIS updates their forms and instructions on a regular basis. The use of an older form or mailing them to the wrong address will lead to the rejection of your application.

If you have any questions on registering for marriage in China or filing immigration forms, subscribe and send us an email. We’re always happy to hear from our readers.

USCIS Immigration Forms – Six Month Update

August, 2010

Update to Form I-824, Application for Action on an Approved Application or Petition
New edition dated 07/20/10. Previous editions accepted.
08/31/2010

Update to Form I-864P, Poverty Guidelines
New edition dated 08/09/10. No previous edition accepted.
08/09/2010

Update to Form I-130, Petition for Alien Relative
New edition dated 6/14/10. Previous editions accepted. Transition to change in filing location instructions and addresses. Part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.
08/04/2010

Update to Form I-817, Application for Family Unity Benefits
New edition dated 4/21/10. Previous editions accepted. Transition to change in filing location instructions and addresses. Part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.
08/04/2010

Update to Form I-485, Application to Register Permanent Residence or Adjust Status
New edition dated 07/15/10. 12/03/09 edition can also be used. No other editions accepted.
08/04/2010

Update to Form I-539, Application To Extend/Change Non immigrant Status
New edition dated 7/15/10. Previous editions accepted. Transition to change in filing location instructions and addresses. Part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.
08/04/2010

Update to Form I-129F, Petition for Alien Fiance(e)
New edition dated 6/14/10. Editions dated 02/19/10, 07/30/07 and 11/24/06 can be used; no other editions accepted. Transition to change in filing location instructions and addresses. Part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.
08/04/2010

Update to Form I-526, Immigrant Petition by Alien Entrepreneur
New edition dated 4/21/10. Previous editions accepted. Transition to change in filing location instructions and addresses. Part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.
08/04/2010

Update to Form I-140, Immigrant Petition for Alien Worker
New edition dated 6/14/10. Previous editions accepted. Transition to change in filing location instructions and addresses. Part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.
08/04/2010

July, 2010

Update to Form I-693, Report of Medical Examination and Vaccination Record
New edition dated 07/20/10.
07/20/2010

Update to Form I-9 CNMI, Employment Eligibility Verification CNMI
New edition dated 06/27/10. Previous editions accepted.
07/19/2010

June, 2010

Update to Form I-290B, Notice of Appeal or Motion
New edition dated 04/21/10. Previous editions accepted.
06/30/2010

Update to Form I-854, Inter-Agency Alien Witness and Informant Record
New version dated 05/13/10. Previous versions accepted.
06/16/2010

Update to Form N-565, Application for Replacement Naturalization/Citizenship Document
New edition dated 05/17/2010. Previous editions accepted.
06/15/2010

Update to Form N-426, Request for Certification of Military or Naval Service
New edition dated 05/10/2010. Previous editions accepted.
06/14/2010

Update to Form I-90, Application to Replace Permanent Resident Card
New edition dated 08/10/09. Previous editions not accepted after 07/28/2010. Form now has 5 pages and instructions now have 8 pages.
06/11/2010

Update to Form G-1145, E-Notification of Application/Petition Acceptance
New edition dated 05/10/2010. Previous editions accepted.
06/10/2010

Update to Form I-134, Affidavit of Support
New edition dated 05/21/2010. Previous editions accepted.
06/09/2010

April, 2010

Update to Form I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act
New edition dated 01/06/10. Previous editions accepted.
04/29/2010

Update to Form N-400, Application for Naturalization
New edition dated 04/05/2010. Editions 01/22/09, 10/15/07, 07/30/07, 11/01/06, 05/31/01 can also be used. No other editions accepted.
04/19/2010

Update to Form I-589, Application for Asylum and Withholding of Removal
New edition dated 04/05/2010. Previous editions accepted.
04/16/2010

Update to Form I-129F, Petition for Alien Fiance(e)
New edition dated 02/19/10. 07/30/07 and 11/24/06 editions can be used, no other editions accepted.
04/02/2010

Update to Form I-140, Immigrant Petition for Alien Worker
New edition dated 01/06/10. Previous editions not accepted.
04/01/2010

Update to Form I-600A, Application for Advance Processing of Orphan Petition
New edition dated 12/30/09. Previous editions not accepted after June 2, 2010.
04/01/2010

Update to Form I-600, Petition to Classify Orphan as an Immediate Relative
New edition dated 12/30/09. Previous editions not accepted after June 2, 2010.
04/01/2010

March, 2010

Update to Form I-131, Application for Travel Document
Change of Filing Location
03/19/2010

Update to Form I-765, Application for Employment Authorization
New edition dated 02/12/10. Previous editions accepted.
03/19/2010

Update to Form I-698, Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603)
New edition dated 12/29/2009. Previous editions not accepted after 04/15/2010.
03/17/2010

Update to Form N-644, Application for Posthumous Citizenship
New edition dated 09/08/09. Previous editions accepted.
03/10/2010

Update to Form I-693, Report of Medical Examination and Vaccination Record
New edition dated 02/25/10. Previous editions accepted.
03/08/2010

Post from: Chinese marriage

USCIS – Immigration Forms and Filing Updates

Recently, Xiaoying and I sent a special request to our U.S. subscribers who have traveled to China for marriage. We would both like to thank all of you for your response.

Also, many of you sent emails telling us you will be getting married in China in the months to come and will fill-out the survey at that time. We ask that you please do, as this information will continue to help our U.S. brothers who are first starting this journey.

As many of you know, current information is sometimes hard to find and discovering data from a group is more trustworthy then the information one may find by doing a Google search.

Must of the questions are mainly about how the different regional Chinese Civil Affairs offices and the Chinese Marriage Bureau are processing marriage registration for U.S. citizens. Survey results list the City or Provence once, although some are represented multiple times.

1. In which Chinese City or Provence were you married?

Survey said: Liuzhou, Jiangmen, Beijing, Zhengzhou, Changsha, Chongqing, Chengdu, Wuhan, Guangzhou, Shenyang, Yunnan, Shanghai, Nanjing, and  Nanning.

2. When you provided your Affidavit of Single, did the Chinese Civil Affairs Office ask for your U.S. Passport, a Birth Certificate or both?

Survey said: U.S. Passport only, 18 people and both, *2 people

Note* Usually, the U.S. Passport proves date and place of birth to foreign governments. If you were ask for a Birth Certificate could you please leave a comment at the bottom of this post. Since this survey was anonymous I would like to verify which Civil Affairs Office ask for a U.S. Birth Certificate. This is important information as all U.S. notarized documents need to be authenticated by the Chinese Consulate/Embassy here in the United States.

3. Was the Civil Affairs Office and the Marriage Bureau at the same location?

Survey said: Same location, 14 people and different locations, 6

4. Who took the photos for your “Red Marriage Booklets”?

Survey said: The Marriage Bureau, 11 people and a photography shop, 9

5. How much RMB (Yuan) or U.S. dollars, did the Civil Affairs Office charge for translating your English documents to Chinese?

Survey said: On average, 200 RMB or about $29 USD

6. How much RMB or U.S. dollars did the Civil Affairs Office charge for the Notarial books with English translations?

Survey said: On average, 1500 to 2200 RMB or about $300 USD (*on the high end*)

Note* On the high end of this figure is when you include Divorce or Death Certificates and a child’s Birth Notarial for the Chinese spouse.

7. How many days did it take for the Civil Affairs Office to assemble the Notarial books with English translations?

Survey said: On average, 3 to 4 days

8. Did the Marriage Bureau ask for a Health Certificate?

Survey said: No 100%

9. If you could do it all over, would you choose marriage in China or in the U.S.? Why?

Survey said: Marriage in China, 16 people.  Marriage in the U.S., 2 people, and 2 people reported both.

Reason given for why?  Marriage in China:

“The cost for a nice wedding is much less then in the U.S. Also, it was an adventure I will never forget”.

“I enjoyed being married in China. It made my wife very happy, to have family and friends attend the reception. For me, how exciting to marry in a foreign country. Different customs very wonderful”.

“I would still marry in China. Despite the effort on my part to get everything authenticated beforehand, it was worth the experience”.

“We decided to get married in China due to the difficulty of getting her over to the US, and we’d do that again”.

“I would choose to marry in China. Everything went smooth, and it gave my wife’s parents and family the opportunity to know me better. It was good for them to discovered they could trust me and approve. After all, I would be bringing their daughter, grandson and granddaughter to live in America, this way they could feel secure. The actual logistics of the marriage and reception went well, so I would be inclined to marry in China if I had to do it all over again”.

“In China because it’s important for her family, not because it is necessarily easier for the Visa. That we are still waiting to see which would be quicker”.

“China, we might get married again in the US just for fun”.

“I still would choose marriage in China so the family could have the honor and experience. You can also marry in the U.S. for your family”.

“Yes for it was very easy after getting all my papers done”.

“China seemed our only choice. I didn’t think a I-129f would get her to the USA in less than 2 years. We were married on 5-10-10. Our I-130 and supporting documents have been sent in. Now we are worried that the I-129f forms we have completed, signed and brought back to the USA with me wont be utilized and we will have to start all over with a CR-1 process!! USCIS still is saying the K-3 is not dead???!!!??? Who knows? We will see”.

“If the man goes there and marries the Chinese woman it will make her feel happy and more confident they are getting married and not feel it might not happen. I think the Chinese woman does not like to wait a long time to get married. They worry they are maybe getting used sometimes”.

“Marriage in China. It was quicker and I’m sure less expensive. I arrived in China late Friday night. On Sat, Sun, and Mon, we were busy with getting the documents ready and prepared. We were married on Tuesday, so we had the rest of the time to be together, and get the documents translated into English. I was surprised on how fast it went. It was great, and I would choose Marriage in China again, if had to do it over”.

People Who Said They Would Marry in the U.S.

“Probably USA. Seemed to informal in China…more of a paperwork scheme than an actual marriage”.

“US – Less paperwork, and time involved, I prefer a religious ceremony to a civil marriage”.

And two people said they will do both.

10. Do you have any tips or advice that could help others?

Survey said: “Get your marriage registered as soon as you can. That leaves more time to sight see and enjoy your time together”.

“Plan ahead. Take forms with you. Get signatures before you leave China. Leave no blanks on forms empty”.

“I am very thankful to have found your website. You have taken me through the process, step by step.Thanks”.

“Read all you can on the Internet. Try to decipher what is good information and bad information. You can do it yourself. Be prepared. Enjoy the experience. In the US, I had my affidavit of single status notarized then sent to my Secretary of State’s office for authentication. Then it went to the Chinese consulate in the US for authentication. Now to China: brought my authenticated affidavit, my passport, and my fiancees ID card to the US consulate in Chengdu. They made copies of everything, bound them, attached an authenticated cover sheet in both English and Chinese. This packet is what I gave to the Chinese Civil Affairs Office. No birth certificate was needed”.

“I had a lawyer for a Pre-nup agreement. He knew a lady that worked at a notarial office. We had our paperwork done in hours instead of days. I cost me a whopping $100 USD..well worth the money”.

“The Shenyang US Embassy claims you need to translate all documents you take with you into Chinese. We called Shenyang and they said not necessary. Also, I took my Divorce Decree with me but they didn’t care about it, only about the Single Affidavit”.

“Make sure your Affidavit of Single status is less than 3 months old while you are there. Mine was older and they complained slightly, but my wife’s best friend worked for the Civil Affairs office, so all went without problems”.

“Use a translator if needed”.

“The “Guide” that Randy and his wife Xiaoying have put together was lots of help. Get as much preparation done as possible in the U.S., as outlined in their guide. Keep all your receipts for evidence of your relationship”.

“It is cheaper if your Fiance will rent an apartment for a month, instead of using a hotel or motel. My wife (then Fiancee), rented an apartment for about 800 RMB for the month. I was in China for 2.5 weeks. My only regret is I wish I could have stayed longer. It is beautiful, the food is great (it was the first time I ate Chinese), the people are nice, friendly, courteous, and respectful”.

“Knowing the Chinese language is not necessary, as long as your Fiancee can translate, or she has a friend who can help in the translations. My wife is very limited in the English language, but she had a friend who could speak good English and another friend who could speak English so so. But, my wife had another tool. She had a portable translator that came in handy when her friends were not with us. After spending time with each other, we depended less on the translator, and she was speaking more English. Gestures go along way, as well”.

“I recommend anyone who is serious on getting married to a Chinese, to get married in China so she can have family and friends experience one of the most important events in her life. It will mean so much to her, and she will love you even more for thinking of her and her family”.

Post from: Chinese marriage

China Marriage Registration For U.S. Citizens – Survey Results From Randy & Xiaoying

How important is a wedding to the Chinese. Have a look

Post from: Chinese marriage

Video on Chinese Weddings

Many U.S. citizens seeking answers to their marriage immigration questions will turn to forums. Unfortunately, people can be biased and may make inaccurate statements. This is an example of what I have come across most recently:  “don’t do a K3 visa, it no longer exists”. To find the truth in 2010, on the IR-1, CR-1, and K3 visa, we will take a good look at the notice recently issued by the United States Department of State, National Visa Center (NVC). Also, to clear up any gray areas, we turn to immigration attorney, Ted Huang for his professional insight.

There have been a few questions concerning what type of visa your Chinese spouse will receive after a marriage in China. These questions have surfaced since the recent notice issued by the (NVC), in regard to an I-129F petition for a non-immigrant K visa, filed with the I-130 Petition for Alien Relative. To better understand the workings of the IR-1, CR-1, and K3 visa, and how they are used in marriage immigration in 2010, it will help to look at a brief history.

Before the year 2000, a K3 visa did not exist. In those days, a marriage in China for a U.S. citizen, and the process of marriage immigration to the U.S. meant filing an I-130 petition for an IR-1 or CR-1 immigrant visa. With immigrant visas, the foreign national and their children would complete the visa process overseas. When they entered the border of the United States, they did so as a Permanent Resident (IR-1) if married over two (2) years, or a Conditional Permanent Resident (CR-1) if married less then two (2) years. This process, back in those days, could take 2 to 3 years to get a spouse and children to the United States.

Congress Creates the K3 Visa

In 2000, Congress created the K3 visa as part of the Life Act to reunite families that were subject to long separations. The K3, non-immigrant visa is an adaptation of the fiance visa that uses an I-129F petition in addition to the I-130 to allow for the completion of marriage immigration after entering the United States. For the past 10 years, it was no secret that the quickest way to get a foreign loved one to the United States was with the use of a K non-immigrant visa, sometimes only taking 6 to 8 months, while, at the same time, the CR-1 visa was lagging way behind.

CR-1 Visa and K3 Visa in 2010

The National Visa Center (NVC) has reported that they have eliminated much of their backlogs, including immigrant visas. On February 1st, 2010 they made an announcement stating that, if they (NVC) received an I-130 and the I-129F petitions at the same time they will close the I-129F petition for a non-immigrant K visa. They also state in the notice, that if they don’t receive your I-130 petition and I-129F at the same time, the (NVC) will process your I-129F petition. They (NVC) would then forward your petition to the Embassy or U.S. Consulate where the marriage took place.

Many have asked, what if an I-130 is approved after the I-129F has been sent to the Consulate overseas?

Recently, I sent this question to an immigration attorney, whom I have followed for quite some time. Mr. Ted Huang, with offices in California, offers his readers a newsletter and provides marriage immigration information to the public at his websites www.myfianceevisa.com and www.chinesefiancee.com.

Questions to Immigration Attorney Ted Huang

Question: “When an U.S. citizen is hoping to have a loved one enter the United States on a K3 visa, they will first file the I-130 and as soon as they receive the receipt notice, will file the I-129F. With the new change, if (NVC) approves the I-129F first and forwards, will they still process the I-130 and close the I-129F before the U.S. Consulate interview”?

Mr. Huang: ” Yes, the I-130 will continue to be processed and the I-129F could be closed”.

Question: “If (NVC) closes an I-129F after the U.S. Consulate mails the information packet to a foreign spouse, will they request a new I-864 Affidavit of Support to replace the I-134″?

Mr. Huang: “The applicant will need to provide a completed I-864″.

Summary

If you are filing for a K3, and the (NVC) approves the I-130 and drops the K non-immigrant visa in the process, it could be a good thing.  Your spouse would enter the United States with a CR-1 visa and automatically qualify for a Social Security Number. The CR-1 has a 2 year waiting period to adjust to a 10 year Permanent Resident.

After our marriage in China, my wife Xiaoying, entered the United States on a K3 visa, just eight (8) months after I filed my first paperwork with (USCIS). The K3 visa is good for 2 years. She simply waited till our second year wedding anniversary to adjust status to Permanent Resident, skipping over any conditional classification. So, from the time she arrived in the U.S. to the time she received her ten (10) year Permanent Resident (PR) card, was sixteen (16) months. By applying for a tax ID number while waiting to adjust to (PR), allowed us to file a joint return.

Xiaoying will tell you, as she always tells me, she is a good driver. Don’t get me wrong, she had her own car in China, and if you can drive in China, you can drive anywhere in the world. For Xiaoying, the only real down-side, without a SS number, was that she had to wait for a drivers license. As a husband, that could be a good thing. (LoL). For (16) months, that gave me one less thing to think about.

Post from: Chinese marriage

Marriage in China – IR-1, CR-1 or K3 Visa – Marriage Immigration to the United States