ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresHello all

From a place like Japan, that doesn't require a tourist visa for her, I'm wondering, if she just said when they ask her, 'I'm here to visit my boyfriend' if that would cause any problems. It wouldn't be lying.


My thoughts exactly. She doesn't have the regular proofs (she lives with her parents, and she's quitting her job this month), but if she shows bank statements, phone contract, etc., and is upfront with whoever questions her when she enters, then all will be fine. I read a lot of VJ member anecdotes of people in the same situation, who were never asked anything outside of the usual "what's your purpose / where are you staying / who are you seeing / when are you leaving" string. So yeah, staying positive :)
mr.j.j.s.MaleJapan2012-06-03 14:54:00
K-1 Fiance(e) Visa Process & ProceduresHello all

Also, no offense, but very foolish to have bought a plane ticket already. I hope it's refundable. You're tempting fate by doing so. You haven't even sent in the I-129F packet yet? It's not early June. There is NO way you're going to get everything done by October. You probably will not get your NOA2 until November or so, and then it will still take another month to get the medical, interview, the next round of paperwork ready.


Yeah, like I said, we only recently decided to file for a K1 visa. When she bought her ticket a month ago, we were thinking of having her come into the U.S. on a tourist visa then changing her status to spouse 60 days after her arrival. Well, the consequences of having her AOS denied or being turned away at customs on suspicions of prior intent to stay in the country were too much for us to take the chance, so we literally yesterday decided to go through the proper legal channels and file for a K1. I'm well aware of the usual time-frame this involves, just trying to stay positive.

And if what Ryan H. said is true, that after we start the I-192F process she can come to the U.S. to visit and then return to Japan as scheduled, then she won't need to refund her ticket and we'll be able to spend some time together, which would be rad.

My next question would then be, what kind of evidence would she be asked to provide to show her ties to Japan and her intent to return within the 90 days allowed on her tourist visa?
mr.j.j.s.MaleJapan2012-06-03 13:40:00
K-1 Fiance(e) Visa Process & ProceduresHello all

Going "overkill" on the evidence will not expedite the process. Unless you request and qualify for an expedite, your file will wait its turn in the queue until it is adjudicated.


Sorry, I didn't mean a technical expedite, just that I wanted to avoid any possible RFEs, and having the evidence sent on to the NVC and then to the embassy couldn't hurt either.
mr.j.j.s.MaleJapan2012-06-03 10:47:00
K-1 Fiance(e) Visa Process & ProceduresHello all
Hi ladies and gents at VJ, I just wanted to pop in and say thanks for all your help (even though you probably didn't notice you were helping me to begin with).

My fiancee and I have been living apart for the last 20 months while I finish grad school in the U.S. We were originally planning on having her come over on a visa waiver (She's from Japan), and then adjusting her status after we got married on her visa waiver (Not necessarily the most legal route).

But after browsing the information on this site, we decided to make the plunge for a K1. We're collecting documents and evidence for the initial I-192 submission, which I hope to send out later this week or early next. I'm going completely overkill on the evidence (I took screen-shots of 20 skype conversations, one for each month), in the hopes that it will expedite the process so my fiancee won't have to cancel the plane tickets she already bought to come over to the U.S. in October :lol:

Wish me luck, and thanks again!

/J
mr.j.j.s.MaleJapan2012-06-03 10:35:00
K-1 Fiance(e) Visa Process & ProceduresVisiting While the I-129F Processes

There are NO guarantees....the border folks have complete discretion... :blush:


So much power, applied arbitrarily by the hands of a single individual. Scary ...
mr.j.j.s.MaleJapan2012-06-03 17:36:00
K-1 Fiance(e) Visa Process & ProceduresVisiting While the I-129F Processes

How long does she plan on visiting for?


That has yet to be decided. Ideally, the longer the better - It would be awesome if she could stay for at least a month. But I have the feeling that anything over 2 weeks might arouse suspicions.
mr.j.j.s.MaleJapan2012-06-03 15:25:00
K-1 Fiance(e) Visa Process & ProceduresVisiting While the I-129F Processes
I'm in a similar situation. My fiancee and I have just started the K1 process (sending out the I-129F petition packet next week), but we would still like to visit each other in the U.S. while our application is being processed.

The only thing is, like Randy & Kim, she doesn't have the usual proof of "Strong ties" to Japan, her native country. She's quitting her job this month to spend time with her family before moving to the U.S., and she lives with her parents, so she doesn't pay rent. Aside from the usual return ticket and utility / cell phone bills, is there anything else she could provide to show that she intends to return to Japan within the 90 days?
mr.j.j.s.MaleJapan2012-06-03 14:04:00
K-1 Fiance(e) Visa Process & ProceduresG-325A non-Roman alphabet signature

Like the passport should be fine.


Great, thanks.
mr.j.j.s.MaleJapan2012-06-14 20:59:00
K-1 Fiance(e) Visa Process & ProceduresG-325A non-Roman alphabet signature
I'm filling out the form G-325A for the I-129F, and I'm stumped on how my fiancee (the beneficiary) should sign hers. She's Japanese, and usually signs documents using either pictographs or her hanko (kind of like a personal seal). Should she use the Roman alphabet version of her signature, the pictograph version or her seal? Or a combination of them maybe?

Edited by mr.j.j.s., 14 June 2012 - 06:10 PM.

mr.j.j.s.MaleJapan2012-06-14 18:09:00
K-1 Fiance(e) Visa Process & ProceduresWhat type of Visa is best for me and my Brasilian fiancee?
We did a visit during the K-1 process, and we found this thread to be pretty helpful: http://www.visajourn...-you-can-visit/ I think the key is knowing how to answer questions at the POE and being prepared to demonstrate with documentation that you plan to return.

For what it's worth, my fiance didn't have much trouble visiting at all. He needed to get his tourist visa renewed, but the consulate was very laid back about it and didn't even bother to interview him. At his POE the officer was a little suspicious when he said he was here to see his fiance, but as soon as he mentioned the K-1 the guy let him through. In our case at least, it didn't seem that ties were so important (they didn't ask to see any paperwork at either the consulate or the POE) as was my fiance's track record of never overstaying a visa (he had been to the US several times previously on both tourist and student visas) and us demonstrating that we were doing the process the right way by applying for a K-1.

I can sympathize with your fiancee's nervousness, as I was pretty nervous about our visit, and of course bad luck with a cranky immigration officer is always a possibility. But considering that she already has her tourist visa, has solid ties to Brazil, and has always returned, I think it's worth a try.

You can add us to the list of people who would be happy to provide feedback on the process--I know my fiance would be happy to answer questions. Good luck!
felipe&megNot TellingBrazil2010-08-24 06:49:00
K-1 Fiance(e) Visa Process & ProceduresEngaged and Entering US on P1 work visa
First of all, the OP says they're planning to marry. Not that her fiance is planning to immigrate. Big difference.

Second of all, it's entirely possible that the engagement happened without regard to the visa or lack thereof.

Clmarsh's post sums up their options, as I understand them, pretty well. So far, the OP's sweetie doesn't seem to have fraudulent intent. He doesn't seem to have gotten the P visa to circumvent the K visa, and as far as we know, he is duly qualified for a P visa.

One option that Clmarsh didn't mention that I will is filing for a K-1 as soon as the OP's sweetie hits the States. That way they can enjoy as much time as possible together, he can fulfill his P-1 obligations, head back for the interview, and come back on his K-1 to get married. Piece of cake, and most likely faster than either a K-3 or a CR-1.

London won't allow DCF unless the American half of the couple has ILR in the UK, so unless the USC is 2+ years resident in the UK, that's a no-go.

Edited by pax, 07 March 2006 - 11:03 PM.

paxFemaleUnited Kingdom2006-03-07 23:00:00
K-1 Fiance(e) Visa Process & ProceduresEngaged and Entering US on P1 work visa
Now, hold up...you don't know that. Particularly if he sought and secured the visa prior to the engagement.

First of all, please enlighten us as to what a P-1 visa is. I sure don't know. Most VJers only know much of anything about family- and marriage-based visas. :)
paxFemaleUnited Kingdom2006-03-07 19:46:00
K-1 Fiance(e) Visa Process & ProceduresPOE does it have to be at an airport?
That's so romantic! :)

If you're considering such an option, be sure of how the ports of call will work for your ship. Don't, for example, disembark in Puerto Rico or the U.S. Virgin Islands, get back on the ship, stop somewhere else that is not a U.S. territory, and then expect to be let back into the States in New York or wherever your final destination might be. You need to be very careful not to enter the States or a U.S. territory until you're actually ready to enter with your K-1 visa, because once you use your visa, that's it for getting back into the country until you're married and you have your AP or green card in hand.

I'm sooooo jealous. Do have a marvelous time. :)
paxFemaleUnited Kingdom2006-03-09 08:58:00
K-1 Fiance(e) Visa Process & ProceduresFiling for new fiancée

Well, you have to be able to prove a valid relationship to someone in order to get a fiance visa and you also must have met them in the past two years and be able to provide documentation of this. So, if you can do that with only having been with someone for two months (I'm gonna assume you weren't having an affair...) and someone it sounds like you haven't met yet, then you've met a lot of the requirements.


Yes, that's a point. Have y'all met in person?

Edited by pax, 08 March 2006 - 02:56 PM.

paxFemaleUnited Kingdom2006-03-08 14:56:00
K-1 Fiance(e) Visa Process & ProceduresFiling for new fiancée
Of course. We'll never have the whole picture. But I'd prefer to work with the information we have so far, rather than speculate on what may or may not be the case.

People have jumped on the OP so suddenly and needlessly that maybe we ought to work on answering the questions he's presented, rather than answering the ones he hasn't, so that the information doesn't get lost between the speculation.
paxFemaleUnited Kingdom2006-03-08 14:48:00
K-1 Fiance(e) Visa Process & ProceduresFiling for new fiancée
Mmmm-hmmm.
paxFemaleUnited Kingdom2006-03-08 14:44:00
K-1 Fiance(e) Visa Process & ProceduresFiling for new fiancée
Maybe. But nothing suggests that was the case.

If it was, sure, that would change things. But to assume so, we're jumping to unwarranted conclusions.
paxFemaleUnited Kingdom2006-03-08 14:31:00
K-1 Fiance(e) Visa Process & ProceduresFiling for new fiancée
As long as you're free to marry, I don't think they care. Your fiancee might be asked some questions about your previous marriage at her interview, so she should be prepared to answer them completely and honestly.
paxFemaleUnited Kingdom2006-03-08 14:24:00
K-1 Fiance(e) Visa Process & ProceduresFiling for new fiancée
You can file the I-129F petition as soon as your divorce is final, but not before then. You must be legally free to wed on the day you file the petition, and until your divorce is final, you're not.
paxFemaleUnited Kingdom2006-03-08 13:31:00
K-1 Fiance(e) Visa Process & Proceduresquestion about the whole visa process?
If I can speak openly for a second...

I suspect the reason that there is (and it's truly unfortunate) little support for VWP and B-2 adjusters is that SO many people post on VJ and say, "Hey, I'm coming to visit on VWP/B-2, can I just get married and stay?" And it's not an easy question to answer. I mean, we all know that theoretically, the answer is yes. And it makes people really angry when people take this route deliberately (not you, clmarsh!) and don't have to suffer the separation and the costs of a K visa. Because people who say that AOS from VWP/B-2 is just as expensive as a K visa aren't doing their math; you save the money you'd spend for the initial filing ($165 when I filed, $170 now) and the K visa itself ($100/local equivalent). As many, many VJers know, $265 is no small chunk of change when you're in our position. And that's before you count the cost of maintaining a long-distance relationship that the VWP/B-2 adjusters don't have: phone bills, postage costs, plane tickets, extortionate exchange rates, possibly visas to the non-USCs country... So yeah, you VWP/B-2 people are most likely saving a big chunk of change.

This all adds up to a nice fat pile of resentment against VWP/B-2 adjusters. And yes, in many cases that resentment is unwarranted; most VJ regulars are well aware of the folks here who took the route of VWP/B-2 adjustment without any fraudulent intent or any intent at all, really. And I'm really, really not wanting to smear those folks. I understand as well as anyone that life can throw curveballs and I'm truly happy that that option is available for the couples who do find themselves in some unexpected situations.

But I think that VJers as a whole tend to advise against it because:

1.) It's SUCH a thorny area legally, and we know that USCIS/DoS is probably watching this site and would probably really prefer that we not advise people on how to break the rules if there's even a slim possibility that a VWP/B-2 adjustment was not completely, 100% unplanned;

2.) If a VWP (and I *think* B-2 as well, but don't quote me) adjustment is denied, the couple is effectively SOL. No one wants to see a VJer in that situation; and

3.) Well, dammit, most VJers had to do it the hard way, basically. No one who went the hard way is going to recommend the easy way, if you know what I mean, if there's any chance that the easy way is for any reason unadvisable.

So I suspect it'll stay that way, and maybe that's unfortunate and maybe it's not. But you have to admit that *most* newbies here *do* have immigrant intent (not all, but most), and so advising a VWP/B-2 adjustment is wrong, anyway.

I say this, again, not to ruffle anyone's feathers nor dispute the legal or ethical permissibility of VWP/B-2 adjustment. Just saying the way I see it.
paxFemaleUnited Kingdom2006-03-10 11:41:00
K-1 Fiance(e) Visa Process & Proceduresquestion about the whole visa process?
Damn, where's Tracy's popcorn smiley when you need it?
paxFemaleUnited Kingdom2006-03-09 08:26:00
K-1 Fiance(e) Visa Process & ProceduresConundrum - please help!

There might also be a complication since your fiance is not a UK citizen. Does he have legal residency in the UK?


I'm pretty sure that as long as he's legally present in the UK, she can do a DCF for him.

I'm also pretty sure that a K-1 filing isn't going to change anything as far as domicile goes. She'll need to be domiciled in the States, one way or another, to get any kind of visa for her fiance/husband. That doesn't mean she needs to live here, necessarily, but as VJers have mentioned before, domicile is a real thorny issue.
paxFemaleUnited Kingdom2006-03-13 12:50:00
K-1 Fiance(e) Visa Process & ProceduresConundrum - please help!
How have you been living in London for 7 years? If you have ILR in the UK but you still have domicile in the United States, DCF is the way to go for you, no doubt. Marry your boyfriend and apply for a CR-1 visa in London--no separation, no mess!

Alternatively, if you don't have ILR in the UK but you have an Italian passport, you might want to consider DCF in Italy instead, if your boyfriend has or can get a visa to go to Italy with you.

(EDIT: Okay, you say you don't have domicile in the U.S. Is there any way you can take some time to establish one while you get the ball rolling on the CR-1 visa? And are you really out of options as far as domicile goes? I hope meauxna will chime in on this thread.)

Good luck! :)

Edited by pax, 13 March 2006 - 12:40 PM.

paxFemaleUnited Kingdom2006-03-13 12:37:00
K-1 Fiance(e) Visa Process & Proceduresnonimmigrant or immigrant?
This is the most delightfully arcane, cerebral thread I've seen on VJ in quite a while.
paxFemaleUnited Kingdom2006-03-13 15:56:00
K-1 Fiance(e) Visa Process & ProceduresVISA DENY?
Not to mention that anyone trying to enter as a tourist with a denied K-1 has the same likelihood of being admitted as I do of winning a Stanley Cup.

And no, I don't play hockey.
paxFemaleUnited Kingdom2006-03-14 16:24:00
K-1 Fiance(e) Visa Process & ProceduresU.S. Military member deploying, please help
Going to the Congressperson will be straight to the source. I wouldn't count on the USCIS Misinformation Line to have the foggiest idea about a military expedite.

Try searching the old forums for posts from a dude by the username of Alex. He was in your exact same situation and I think he got his fiancee's visa in two months from beginning to end. But I would start with your Congressperson's office. Explain your situation and ask to be referred to his or her immigration liaison.
paxFemaleUnited Kingdom2006-03-10 00:05:00
K-1 Fiance(e) Visa Process & ProceduresU.S. Military member deploying, please help
Yes. Active-duty military facing imminent deployment are the one and only class of petitioners eligible for an expedite.

I'm not sure how you go about it specifically, but your Congressperson's immigration liaison will be able to tell you.

Good luck, and best wishes for your health and safety as you prepare for your deployment and afterwards! :)
paxFemaleUnited Kingdom2006-03-09 15:07:00
K-1 Fiance(e) Visa Process & Proceduresi-134 waaaaaaaah

Don't forget that most (if not all, I don't like to say all if I'm not sure) Universities will charge you a MUCH higher tuition rate for being an "out of state" student. I know that my university charges about double for students that are out of state.


This policy is limited, I think, to public universities. My private, Catholic college charged the same rate no matter where you came from.

Of course, private institutions will be much more expensive even than out-of-state tuition at public institutions, most likely.
paxFemaleUnited Kingdom2006-03-14 14:17:00
K-1 Fiance(e) Visa Process & Proceduresi-134 waaaaaaaah
I don't really know how student visas work, but I cannot imagine you'll be able to finance both the student visa process itself and your stay in the States if you can't finance a K-1 now. And I believe you'd actually have to enroll in some kind of institution before you could even think about a student visa. Not to mention that if you let something slip about your American fiancee during your J-1 process, you might be denied that visa, too.

This is an expensive process no matter which way you slice it, unfortunately, but I don't think a student visa will be any faster, cheaper, or less complicated. I don't really see any way around a need for another sponsor here. :(
paxFemaleUnited Kingdom2006-03-14 09:30:00
K-1 Fiance(e) Visa Process & ProceduresMedical
Also, don't forget that most drug crimes are deportable offenses if they happen once the alien is stateside, whether AOS has been completed or not.
paxFemaleUnited Kingdom2006-03-13 15:55:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

Wow! That was a lot of reading - with a few sharp debates in the middle.

I apologize if I'm jumping in on anothers topic, but perhaps my situation could be an example for what you all are trying to explain. Or perhaps you might have some news to tell me about my situation.

I'm living/working in Ho Chi Minh City, Vietnam and have applied for a K-1 Visa. If/when the visa is granted we INTEND to move back to St. Louis and begin a new life. I still maintain a domicile (my parents home; my last residence before moving to Vietnam in 5/2005) in the United States (i.e. receive mail, do financial transactions through this address, vote, etc.).

I consider my living/working in Vietnam as temporary. Is the K-1 Visa the appropriate visa for our situation based on all of the information you all have shared and debated above?

Apologies in advance to Mr. Tig for jumping in on the tail end of your post! I just thought it was easier this way since everyone is gathered and shared on this post already.

STL_HCMC


Yes, I think so. :)

I'm glad that Tig found this thread again, btw! Hope everything is going well for you and your fiancee, Tig.
paxFemaleUnited Kingdom2006-03-13 08:13:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

While it may be ok to cover the bases and file a I-129F in case things so south with the B2, I do not believe that the OP should deny themselves of the visa. Based on their circumstances, I think they have an excellent shot at getting it and it is definitely the more appropriate visa for this case.

If they were to go through with the K visa, the OP and his fiancee need to be explicit about the fact that they have no intention of immigrating to the US at that time and are using it to be able to travel to the US for the purpose of marrying in the US and then returning to China.

I don't not know how the Immigrant Visa unit of the consulate in Guangzhou would take such an admission and whether or not they would approve or deny the visa since the intent of the K1 visa is to remain in the US. If it weren't, it would be processed by Immigrant Visa Units, it would be processed by non-immigrant visa units and the fianancial support and medical provisions wouldn't be required.

Regardless, for the proposed intent of the OP, the B2 visa is the visa that meets their intent. They should apply for it at their closest consulate (doesn't have to be Guangzhou), with the necessary evidence of their intention and the OP's significant ties to China, and let the chips fall where they may.


:thumbs: :thumbs: :thumbs:
paxFemaleUnited Kingdom2006-02-23 13:09:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1
Yes, we agree on that. :thumbs:
paxFemaleUnited Kingdom2006-02-23 10:22:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

Yes I realize they are not currently married and would have to be for DCF in the future if they plan to subsequently reside in the U.S. someday. I was saying that IF they really want to get married, it may not be possible, within their other constraints, to do it in the U.S.

All of the marriage based visas are intended to be used for immigration and that is not the intent here.

It is my opinion that application for a visa for other than it's intended use is fraud.


You're right, it may not be possible. My point (and I think Zyggy's too) is that there is a visa that will allow the OP and his fiancee to do exactly what they want, and, given their unique, individual circumstances, chances seem good that they could obtain that visa.

But you're suggesting a DCF for a couple who is not married and has no plans for the non-USC to immigrate at this time. A DCF might well be the appropriate move down the road. It's not now. And there's not much point in talking about it since there are no plans to immigrate.

The OP's timeframe is really the only thing that's unrealistic. Certainly a USC wanting to marry a Chinese national in the States might have thought harder and sooner about how he plans to get her into the States for the wedding (OP, I'm talking to you here...sorry). ;) But if he and his sweetie are willing to push back the plans a few months, it's not unthinkable that, in her unique circumstances, she could get a tourist visa.

Who knows, she could still be denied. But it's not the "no-way" situation that it would be for other young, single Chinese women with American fiances.
paxFemaleUnited Kingdom2006-02-23 10:09:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

First, if the US citizen is resident abroad with their spouse, the US Consulate will ALWAYS do Direct Consular Filing. For international couples where the USC lives in the US and the foreign spouse abroad, there are some countries whose Consulates allow local filing of the I-130 even when the USC is not resident in the foreign country. This is a courtesy to USCs and guidelines vary around the world.

I mentioned DCF because they may someday want to immigrate to the U.S. and in the case where the USC is a resident of the foreign country, this applies for when they are ready for that...


Look, I don't mean to quibble with you, but first of all, your first para. was a copy-and-paste job from the DCF guide. Every consulate has different requirements for DCF. London is a tough one; the USC has to have ILR (Indefinite Leave to Remain, the UK equivalent of a 10-year green card) in the UK to do DCF. Meanwhile, in Sydney, Australia, the USC can simply take a long vacation in Oz and qualify for DCF. Neither you nor I know the requirements for a DCF in Guangzhou, but the biggest, most obvious requirement is that the couple has to be married already. Which they're not.

Second of all, are you not aware of the abandonment problem? The OP stated that he and his fiancee wish to travel to the States, marry, and return to China for some number of years. Permanent residency can be considered abandoned if the LPR is out of the country for the long-term; it's a gray area, as Meauxna and other people here will tell you, but an absence of more than a year will surely raise some great big red flags to a CBP officer. A DCF results in a CR-1 or IR-1 visa. When that visa is activated, it results in a green card. Which can be abandoned if the couple returns to China for a year or more.
paxFemaleUnited Kingdom2006-02-23 09:43:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

I was more blunt this time because you missed my point in my original post. There may not be a valid path to get what he wants within the constraints of reality. Getting an "alternate" visa because you can't get the one that will allow what you want doesn't make it a valid path. I suggested what I honestly believe to be the correct avenue to him ... the DCF. In this case the reality may be that they can't get married in the states with the other constraints of her not being allowed the proper visa and them wanting to remain living in China.


A DCF makes no sense right now. First of all, they'd have to be married. Second of all, I don't know, and I don't know that you know either, what the Guangzhou Consulate's policy is on DCF. Third, if they do allow it and the OP meets the requirements, there's no guarantee that it won't take as long as a K visa or a tourist visa.

The tourist visa is the most appropriate visa for the OP's fiancee. They want to get married in the States, visit with some friends and family possibly, and return to China. A DCF would result in a CR-1 immigrant visa. The OP's fiancee has no immigrant intent at this time. If she entered with an CR-1, activated the green card issuance, and then left after her wedding for several years (as the OP says they intend to do), she could be found to have abandoned her permanent residency and they'd have to start all over again. Not good.

You're being all kinds of theoretical about what the OP may or may not want in the future instead of dealing with their situation as it is right now. I'm thinking that if an American citizen can prove significant economic and personal ties to China, his fiancee could very well get a tourist visa to have their wedding in the States. Then, if they decide to return to the States later as husband and wife, a DCF might well be appropriate.

Edited by pax, 23 February 2006 - 09:14 AM.

paxFemaleUnited Kingdom2006-02-23 09:13:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1



The OP wants to marry in the States. ;)


And I want my AOS without fees or wait. I'm not gonna get it just because I want it.


Sheesh, that's a bit harsh. I thought the point of the thread was to suggest to the OP how he might accomplish the goal of having his wedding in the States. <_<

The OP stated that he plans to marry his Chinese fiancee stateside. Granted, he's up against some challenges. That doesn't mean we shouldn't suggest to him honestly and completely the avenues available to him.
paxFemaleUnited Kingdom2006-02-23 09:00:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1

Perhaps a B2 tourist would be more appropriate, but the chance of getting one are virtually nil, and hence the K1.


Again, I disagree. The OP has stated an intent to return to China. This leads me to believe that he himself, the USC, has significant ties to China; most likely a job/business or property. If these ties can be documented properly and he can intend the interview with his fiancee to clarify and strengthen their mutual intent to return to China, I see no reason why a B-2 visa would not be granted.

Besides, they are never ever ever going to see a K-1 visa by May.
paxFemaleUnited Kingdom2006-02-23 08:56:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1
One more thing: the OP should also be aware that misrepresenting your intentions to get a K-1 visa (e.g. telling the interviewing officer that your fiancee plans to adjust status in the States) will seriously jeopardize, if not completely ruin, any chance your fiancee might have at a future visa. If she gets a K-1 and returns to China with you, and there's enough evidence to suggest that that was the plan all along, a CO might feel later on that she misrepresented herself to get the K-1 visa, and your hopes for a CR-1/IR-1 in the future will next to nil.

I really think you ought to pursue the B-2. IMHO. Again, if you can accompany her and show strong intentions for you both to return to China (do you have a home there? a business? other relatives? etc. etc.), I would think her chances of getting the B-2 might actually be pretty good.

Sometimes what we WANT to do just doable within the constraints of our personal desires, time constraints, and the rules of the USCIS. There is not always a valid path to meet our preferences. Sometimes you have to adjust to the reality of life. I would not recommend applying for any visa for purposes other than it's intended use. If you want to get married and live in China, then you don't need a U.S. visa to do that. If you don't intend to establish residence in the U.S. then the K visas are not appropriate. A Direct Consular Filing is appropriate in this case.


The OP wants to marry in the States. ;)


One more reason why the K-1 won't be appropriate...

http://www.visajourn...?showtopic=3287

A recent approval in China. 9 months from filing the petition to receipt of visa. How do you feel about a December wedding?
paxFemaleUnited Kingdom2006-02-23 08:50:00
K-1 Fiance(e) Visa Process & ProceduresJust Starting on K1
Ouch...by May? I missed that one.

When I offer you "good luck" with getting the visa, whatever kind you're looking for, by May, I mean that sincerely. From what I hear, Guangzhou is backlogged 4-6 months.
paxFemaleUnited Kingdom2006-02-23 08:39:00