Q.1.23 What fees can be expected throughout the process?
===================================================================
Section two: Links and Resources
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Q.2.1 What FAQ materials or regulations can I refer to?
Q.2.2 Where can I see sample forms?
Q.2.3 Where can I see processing center information?
Q.2.4 Where can I see timelines on the internet?
Q.2.5 Information on getting married in China?
Q.2.6 My SO is/was a member of the communist party. How do we deal with this issue?
Q.2.7 My SO has a child, where can I look for info?
Q.2.8 How do
you recommend I search for information?
Q.2.9 Is there
a Chinese website that my Chinese fiancée/husband/wife can visit?
------------------------------------------------------------------------------------------------------------
(30 May 2005)
Q.1.1
What is a FAQ?
A.1.1.1
FAQ is an acronym for Frequently Asked Questions.
A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help
people who are new to the subject get a basic level of understanding by
answering the questions that are frequently asked. It is considered common
courtesy in the on line world to read the FAQ before posting your question as
it may already have the answer you need, or it might help you to formulate your
questions so that someone else can more easily help you when you ask them.
A.1.1.3
There are a lot of acronyms and abbreviations used on
the CFL forum. Please read the CFL FAQ for the definitions of the commonly used
ones.
-------------------------------------------------------------------------------------------------------------------
(Edited 1 Nov 2005) -- Visa Journey
Q.1.2 K1?
A.1.2.1
The U.S. citizen
petitions to the USCIS Service Center for fiancée visa approval, the approval
is forwarded to the foreign U.S. consulate where the foreign fiancée
lives.
The foreign fiancée gathers certain paperwork, attends an interview, and
(hopefully) gets the fiancée visa, travels to the U.S., marries in the U.S. and
applies to adjust status during the first 90 days to permanent resident status.
A.1.2.2 Pluses
Typically quicker
than a spousal visa
Can work upon entry after getting social security card
and an EAD. An EAD is applied for at the same time you file for AOS (after
marriage). Typical wait times are 90 days to get the EAD).
May allow for a "get to know your fiancée better" period
before marriage, since the visa is good for 90 days. If you pursue a
spousal visa you MUST marry before you apply for a visa to enter the US.
A.1.2.2 Minus
Will need advance
parole in order to travel outside the US, will have to file adjustment of
status after entry.
If the relationship fails before the green card is received, there are no other
options for adjustment and the K-1 spouse has to leave the US.
K-1 visa recipients are in valid status for only 90 days and may not extend
their status. K-1 visa holders should marry and file adjustment of status within
90 days after entry into the US.
Only U.S. citizens can file for a fiancée visa.
A.1.2.4
The K-1 visa
allows a fiancé(e) to enter the United States one time
only. If you leave the United States after entering on a K-1 visa, you may not
re-enter on the same visa. If you want to leave and re-enter the United States,
you should apply with Form I-131 Application for Travel Document to the USCIS
office that serves the area where you live for advance parole to return to the
United States. See Emergency Travel for information on how to get a travel
document that allows you to return to the United States.
A.1.2.5
K1 Overview and Flow Charts:
CFL overview of K1 process:
http://candleforlove.com/forums/index.php?showtopic=14500&view=findpost&p=174556
Visa Journey Step
by Step guide for K1:
http://www.visajourney.com/forums/index.php?autocom=custom&page=k1guide
Visa Journey Flow
chart for K1:
http://www.visajourney.com/forums/index.php?autocom=custom&page=k1flow
001 Visa Flow
chart for K1:
http://www.laogonglaopo.com/001files/K1_FlowChart_EN_Rels.htm
Checklist:
http://www.geocities.com/shayna61/fiancevisachecklist.html
A.1.2.6
More info:
How do I bring my
fiancée to the US:
http://uscis.gov/graphics/howdoi/fiance.htm
How do I change my
fiancée’s status to Lawful Permanent Resident
http://uscis.gov/graphics/howdoi/hdifiance.htm
Advanced Parole:
http://uscis.gov/graphics/howdoi/travdoc.htm
Emergency Travel:
http://uscis.gov/graphics/services/Emergency/index.htm
Advanced Parole
FAQ:
http://www.hooyou.com/advanceparole/faq.html
Spouse and Fiance(e)
of an American Citizen
http://travel.state.gov/visa/immigrants/types/types_1315.html
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.1.3
K2?
A.1.2.1
The child of
a fiancé(e) may receive a derivative K-2 visa from
his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must
make sure that you name the child in the I-129F petition. After the marriage of
the child’s parent and the American citizen, the child will need a separate form
I-485 Application to Register Permanent Residence or to Adjust Status. The
child may travel with (accompany) the K-1 parent/fiancé(e)
or travel later (follow-to-join) within one year from the date of issuance of
the K-1 visa to his/her parent. A separate petition is not required if the
children accompany or follow the alien fiancé(e)
within one year from the date of issuance of the K-1 visa. If it is long than
one year from the date of visa issuance, a separate immigrant visa petition is
required.
Remember that
in immigration law a child must be unmarried. The stepparent/stepchild
relationship must be created before the child reaches the age of 18.
A.1.3.2
Child: Unmarried child under the age of 21 years. A child may be natural born,
step or adopted. If the child is a stepchild, the marriage between the parent
and the American citizen must have occurred when the child was under the age of
18. If the child is adopted, he/she must have been adopted with a full and
final adoption when the child was under the age of 16, and the child must have
lived with and been in the legal custody of the parent for at least two years.
An orphan may qualify as a child if he/she has been adopted abroad by an
American citizen or if the American citizen parent has filed an immediate-relative
(IR) visa petition for him/her to go to the United States for adoption by the
American citizen.
In certain
visa cases a child continues to be classified as a child after he/she becomes
21, if the petition was filed for him/her when he/she was still under 21 years
of age. For example, a IR-2 child of an American
citizen remains a child after the age of 21 if a petition was filed for him/her
on or after August 6, 2002, when he/she was still under 21 years old. The child
must meet other requirements of a child as listed above.
A.1.3.3
Stepchild: A spouse’s child from a previous marriage or other relationship. In
order for a stepchild to be able to immigrate as a “child,” the marriage
creating the stepchild/stepparent relationship must have happened before the
stepchild was 18 years of age.
A.1.3.4
Son / Daughter:
An unmarried “son
or daughter” is a person who was once a “child” but who is now 21 years of age
or older. A “married son or daughter” is a person who has a recognized
parent-child relationship, but who is also married, regardless of age.
A.1.3.5
Adopted Child:
An adopted child
if the child was adopted before the age of 16 and has lived with the adoptive
parent(s) in their legal custody for at least two years
A.1.3.6
Orphan:
An orphan under
the age of 16 when an adoptive or prospective adoptive parent files a visa
petition on his or her behalf, who has been adopted abroad by a U.S. citizen or
is coming to the U.S. for adoption by a U.S. citizen,
A.1.3.7
Adopted Sibling:
A child adopted
who is under the age of 18 and the natural sibling of an orphan or adopted
child under the age of 16, if adopted with or after the sibling. The
child must also otherwise fit the definition of orphan or adopted child
A.1.3.8
K2 Visa
http://www.kamya.com/intro/k-2.html
-------------------------------------------------------------------------------------------------------------------
(Edited 3 June 2005) -- Visa Journey
Q.1.4 K3?
A.1.4.1
The U.S. citizen marries the foreign fiance in the USA or
in another country (could be home country), the foreign fiancée goes back to
his/her country, the U.S. citizen applies to the
Service Center for an I-130 spousal visa petition.
As soon as the US citizen receives the notice of receipt from the service
center for the I-130 petition, the US citizen files an I-129F petition to the
Chicago center address for a K-3 visa. Chicago sends this to the Missouri
Center, and after Missouri approves the petition, it is forwarded to the
foreign US consulate.
The remainder of the K3 spouse petition is similar to a fiance
visa process. The K-3 spouse files for adjustment of status after entering the US, however has 2 years in which to do so. (The visa is a
2-year multiple re-entry visa.)
If the I-130 is approved and the applicant has not applied for AOS yet, they
may return to their country and once issued a CR-1 or IR-1 Visa, return to the
US as a permanent resident.
A.1.4.2 Pluses
K3 visa holder can work upon entry after getting
social security card and an EAD.
NO advance parole needed for travel outside the US.
K3 and K4 visa recipients are in valid status for 2 years and the visa is a
multiple re-entry visa.
K-3/K-4 visa holders may extend status by showing strong intent to eventually
adjust status.
After receiving the k3 visa, the spouse enters on the K3 and is allowed to work
and to travel, and may file adjustment of status BEFORE the I-130 petition is
approved.
Generally allows applicant to enter the US faster then waiting for the I-130 to
be approved and the IR-1 / CR-1 visa to be issued.
A.1.4.3 Minuses
K3 visa holder will have to file adjustment of status
after entry or do
consular processing of an I-130 in order to gain resident status.
May only adjust status based on marriage to original petitioner.
If the marriage fails before adjustment of status is
complete, will have to leave the US. K-3 and K-4 visa holders cannot
change to another visa status and stay in the US if the marriage fails.
EAD (work) card must be obtained via mail to Chicago INS office, and there will
be some waiting time before one can work. The exact amount of time for work
authorization is not known, but is thought to be a few months, possibly more.
A.1.4.4
K4 has to follow the K3 within 6 months if you file
together.
A.1.4.5
More info:
Visa Journey Step
by Step guide for K3:
http://www.visajourney.com/forums/index.php?autocom=custom&page=k3guide
Visa Flow chart
for K3 from 001:
http://www.laogonglaopo.com/001files/K3_FlowChart_EN_Rels.htm
K3 Regulations:
http://www.immigrationlinks.com/news/news1125.htm
K3 Visa
Implementation:
http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html
Federal Register:
http://www.nallaseth.com/documents/NewK1Rules.htm
Guide To V and K3 Processing:
http://travel.state.gov/visa/laws/telegrams/telegrams_1399.html
Spouse and Fiance(e)
of an American Citizen
http://travel.state.gov/visa/immigrants/types/types_1315.html
How do I bring my
spouse to live in the US?
http://uscis.gov/graphics/howdoi/spouselive.htm
Life Act:
New Family Visa Regulations Issued
with the Aim of Speeding Up Processing of Overseas
Spouses and Children of U.S. Citizens
http://www.usavisacounsel.com/art_30.htm
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(Edited 3 June 2005)
Q1.5 K4?
A.1.5.1
Children do not need separate
Petition for Alien Relative, I-130 petitions, but you, the petitioner, must
take care to name all your children on the Petition for Alien Fiancée, I-129F
petition. If you do not name the children on the petition, they may find it difficult
to prove their identity as children of a K-3 applicant or person in K-3 status.
You must file
separate I-130 immigrant visa petitions for your children before they qualify
for permanent residence. When they adjust status in the United States, they
must file Form I-485 Application to Register Permanent Residence or to Adjust
Status with the USCIS Office that serves the area where you live. Remember that
in immigration law children must be unmarried and under 21 years of age. See child.
A.1.5.2
The K-4 visa
will not be denied because the child's name is not listed on the I-129F
petition as long as it can be established that he/she is the minor, unmarried
child of the applicant issued a K-3 visa.
A1.5.3
The K-4 child
will not be able to file for adjustment of status in the United States until
the U.S. citizen parent/step-parent files a I-130 on
behalf of the child. If the U.S. citizen parent/step-parent never files the
I-130 petition, the immigrating parent may do so once he/she has obtained legal
permanent resident (LPR) status, but the child would have to wait for an
available visa number. Finally, the immigrant parent, upon adjusting status
will no longer be in K-3 status, therefore, the child will no longer be in
lawful K-4 status, since this is merely a derivative classification, and that
child would begin to accrue unlawful presence.
A.1.5.3
K4 has to follow
the K3 within 6 months if you file together; 1 year if filing separately
A1.5.4
See K2 definitions
for child.
-------------------------------------------------------------------------------------------------------------------
(Edited 3 June 2005)
Q.1.6
CR-1?
A.1.6.1
The U.S. citizen
marries the foreign fiance in the USA or in
another country (could be home country), the foreign fiance
goes back to his/her country, the U.S. citizen applies
to the Service Center for an I-130 spousal visa petition.
This is basically the 1st half of the K-3 process. If you file for a K-3 you
are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for
the K-3. The K-3 was designed to allow the foreign spouse to enter the US even
if the I-130 has not been approved. In most cases this works out well since the
I-130 takes so long to approve and the K-3 is relatively fast. In some cases
the I-130 is approved fast enough though that this option is better then a K-3
(or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can
abandon the K-3 and pursue the IR-1 / CR-1 instead).
A.1.6.2
Both the CR-1 and
K-3 go to NVC for processing. The K-3 and K-1 GENERALLY only spend a few weeks
here. The CR-1 has additional "hands on" work to do (fee bills Agent
of Choice I-864 & DS-230). The P3 information
will come from NVC not Guangzhou.
Once "case is
completed" at NVC it gets forwarded to GUZ. Then P-4 and interview are
about the same process as the K visas
A.1.6.2
Some folks at VJ
recently report having sped through NVC in 68 days after getting a case number
using various shortcuts. Typically 3- 6 months is what this has taken most to
get through the NVC approval cycle in the past.
A.1.6.3
A CR-1 Immigrant Visa has the added step of NVC approval after USCIS Service
Center approval (DCF I-130's are slightly different) but before being sent to
post. This step eliminates the need of Adjustment Of
Status that the quote/unquote "NON IMMIGRANT" "K" visas do
"after the fact".
1. After a few
weeks of waiting for NVC to assign a new case # (GUZ type) we have to elect an
Agent of Choice, on form DS-3032, (lawyer, petitioner, Beneficiary, etc.) where
we want subsequent paperwork to be sent. (This must be signed by your wife and
returned by her before the NVC will proceed.)
2. We then receive
the Affidavit of Support and IV fee bills. (and freeze
everything until your check clears the bank.)
3. After the
payment of these fees to St. Louis is reconciled with NVC Portsmouth, NH they
generate and mail the I-864 and later the DS-230 packages.
4. The DS-230 package contains a GUZ Special P-3 supplemental sheet. The
NVC DS-230 package takes the place of a GUZ P-3. So that NO p-3 is sent out
from GUZ for a CR-1, assuming your wife has named you agent of choice in the
DS3032.
5. Both the forms
have a bar coded case# sheet that must be returned- additionally the I-864 has
a Tax Info release form that has to be signed and is bar coded. The DS-230
package will have a GUZ special P-3 Supplemental form in it
that must have Chinese entries (can be downloaded in advance here
at links and resources P-3/4) and ALSO a photocopy of the S/O's passport bio. page.
6. The I-864 goes
for a review cycle and also the DS-230 upon receipt at NVC .
There is also a final review of ALL required
documentation whereupon NVC will report "case completion"
and later forward it to the Consulate
5. From this point
NVC ships the file to GUZ, clearance delays, log-in times, name checks GUZ, P-4
and the interview process are about the same as a K visa.
A.1.6.4
A CR1 visa holder
can work upon entry (no restrictions).
This is an
"immigrant" Visa and will as such allow the applicant to arrive in
the US as a permanent resident.
They will not
require an Advanced Parole document to leave the US for travel or require an
EAD to work.
As of April 2005
many applicants have reported that IR1/CR1's are faster than the K-3 option.
This may change at any time though.
A.1.6.5
"The
interview can last for as littles as 10 minutes or up
to an hour depending upon your specific case. You relative will take an oath
under US law to tell the truth, and it is very important that your relative
answer every question as truthfully as possible. In general, it is a good idea
that your relative bring documentation to prove strong
ties and a relationship with you, the petitioner. (i.e.
phone bills, letters etc.) If the consulate officer approves your relative's
immigrant visa application, your relative will be issued an immigrant visa that
allows your relative to become a US permanent resident. Your relative will
become a U.S permanent resident only when he/she enters the U.S at a port of
entry, until this time, he/she only has an immigrant visa that is valid up to 6
months from the interview date. If your relative cannot immigrate to the U.S
within the 6 month allotted time, then his/her immigrant visa will expire, and
the I-130 process must start all over again. Also, if your relative is your
wife or husband and you have been married for less then 2 years at the time of
his/her arrival at a port of entry, then he/she will receive a temporary I-551
Stamp and then later a Green Card by mail good for only 2 years. Ninety days
before the green card expires you will have to file an I-751 form to remove it's conditional status."
A.1.6.6
If she is CR1 she is finished and only waiting on a green card. She can come
and go as she pleases. The issue is the country she is visiting. Canada for
instance can be fussy if she doesn't have the green card yet. They may or may
not accept the stamp in her passport. As I understand it though the green card
for CR1 usually comes in about a month once they enter the US.
A.1.6.7
your wife is CR/IR-1, so she will become a legal permanent
resident when she first enters the US. The IO should stamp her passport with an
I-551 stamp which acts as a temporary green card until she receives the actual
card a few weeks later. With either the stamp or the actual green card, she can
return to the US without additional paperwork unless her length of stay outside
the US is for longer than a year.
A.1.6.8
More Info: