Cbaudelaire

Hello,

I have read many of the FAQ's available for the K1 Visa. I think I
have everything covered except for one possibly minor factor.

I am a US citizen (living in the US) and my fiancee is a Chinese
citizen currently going to school in Australia. Is there going to be
any difficulty in performing the K1 Visa process while she is abroad?
Or is it easier for her to deal with it while living in her hometown in
China? Also, I plan on moving to a different state in a few months,
even though I would like to start the Visa process ASAP. I would then
have to update information on my place of residence halfway through the
K1 Visa process. Is this likely to cause problems?

Has anyone had any experience with this or have any advice on the best
way to go about this?

Thanks for any advice you might have!

Bob

The first bit, I wouldn't have a clue, but I think it depends on the consulate as to if they are just resident or citizen...but anyway, as for moving, it could be done, but it's probably more hassle than it's worth, paper work could go missing and all that and really stretch things out, and as the thing will take a while, why not just wait a couple months until you have moved?
You can still get the forms and fill them in and get police certificates and all that stuff prepared now.

Matthew Udall

Processing through Sydney might end up being an easier experience for her rather than processing through Guangzhou. If she's living in Australia, the U.S. Consulate is likely to accept and process this 3rd country national case when the petition is forwarded to them by the CIS. You might want to have her look at the Reciprocity Schedule for information about police certificates for various countries (that might apply to her situation).

If you will be at "your" current residence for a few more months, you might have both the receipt and approval notices by the time you move. If still pending, you can try to change your address with the CIS. Maybe the Post Office will forward any notice to you (not guaranteed that they will). Eventually she will need access to the I-129f approval notice when the time comes for her to file for permanent resident status. If you have an attorney working on this case "with" you, they should send the approval notice to the attorney as well (nice safety net for those who don't receive important correspondence from the CIS for whatever reason).

Good luck with your case.

donahso

I'd point you to candleforlove.com for questions about marriage visa processing in China. We're a group of US/Chinese couples with a wealth of experience.

GZ is probably the worst consulate for visa processing. Well, may Mambai is top of the heap, but GZ is no less than a strong second. If you SO will be in Australia long enough you certainly want her to interview there. She will need to get her birth cert, police cert and single cert from her houkou, but a family member can do that for her.

Good luck.

Cbaudelaire

Thanks for the responses.

But is it possible to do the interview in Australia? It seems they all
need to be performed in Guangzhou. Also, the medical exam seems to be
done only in designated hospitals in the major cities of China. So it
seems she would need to go back to China for this?

Thanks again for your assistance. I am checking out candleforlove.com
now!

meauxna

Further to Matt's idea that processing in Sydney may be possible, you should also know about the Immigrant Visa process for Australia, which is unique.
A USC who is NOT resident in Australia may go there, marry (or be married) to their foreign spouse and file the petition I-130 directly with the Consulate in Sydney. The foreign spouse applies for a visa at the same time. If all paperwork has been gathered beforehand, a visa is usually issued the same day. This Immigrant Visa, when used to enter the US, confers Permanent Resident status on the foreigner. Their Green Card is mailed to them within a month.
Barring the travel expense, this is the fastest, most complete and least expensive way to get a Green Card via marriage to a USC. On the web, you'll most often find it called DCF/Direct Consular Filing. Speak up if you want to know more and can't find info

donahso

Very, very interesting. It might work that easily if the couple were US/Aussie, but Chinese citizens are subject to an endless array of clearances. These are not waived by residence in a different country. Typically, just the the HAWK and EAGLE clearances run 1 ~ 3 months, but can be much longer. Still, if Sydney would accept a DCF for a US/Chinese couple, it would certainly take a big bite out of the wait. Current K-1's filed in the US are roughly a year out; same for I-130s. K-3's are buried in NBC and most never see the light of day.

I encourage the OP to check this out thoroughly. Several years ago, I had tried to find a neutral country where we could DCF; Singapore, Hong Kong, Malaysia.... Never hit on one. Maybe Aussie Land has some Roo magic?

meauxna

Ayup. It does work that way for US/Aus couples.

I did think of the additional clearances that Chinese citz have to go through, but they can still be done in another country. Since my case was a third-country filing (where my spouse was resident), I tend to keep an eye out for them, and it does happen. What caused me to think of this today was a recent Australia DCF report about another couple in the interview process that day: USC+Mexican citizen (resident in Australia for some reason).

I don't think I'd count Australia in the 'no residency' category like KL is rumored to be, but since the OP's girlfriend is a student in Australia, I'd really explore it. One thing to keep an eye on is that she has sufficient time left in legal status in Australia to complete her case, should it take longer due to Visa Hawk & Eagle (or whatever other new thing they come up with, like Visa Weasel).

cbaudelaire

again, thanks to everyone that has offered advice. it has been really helpful. For some reason, usenet didn't have the first post concerning the DCF process in Sydney, and I have just now read it and started investigating it.

The first fine print i saw on the Sydney consulate website that makes me skeptical about this process is this:

"Processing time for Immigrant visa applications may take 2-4 months if the U.S. citizen files the petition (I-130) with this office. To file a petition in Sydney, the U.S. citizen spouse (petitioner) must reside in Australia. Petitioners residing in the U.S. must file an I-130 with the Immigration & Naturalization Service and the approval process may take up to 12 months. Once approved, the process for applying and qualifying for an immigrant visa based on marriage to a U.S. citizen can take a further 2-4 months."

What do you think? Is "US Citizen spouse" mean the spouse of the US Citizen, or does it mean the spouse that is the US citizen? I'm a bit confused with the wording.

Thanks again for all of the advice in this difficult process.

meauxna

The USC spouse (you) must be present in Australia, not reside there. The foreign fiance (must be spouse when the filing takes place) may request all packets ahead of time and clear the medical and police certificates. The appointment is one day, and both attend.
To contact Sydney with the specifics of your case, and get their OK, please visit the DCF Guide at visajourney.com (top tabs) and find specific language to get the right answer to the right question. Consulates and USCIS do not use the terms Direct Consular Filing/DCF, so don't ask about that. When you call, have all the details about your Chinese fiance, concerning her student status, length of time in Australia and when her visa/study expires.
At the visajourney site, there is a poster named disisme who has just completed his case in Australia. His posts are very thorough concerning the minutia of paperwork etc. There are many helpful stories posted at www.kamya.com/interview if you follow the links for DCF and Australia.

Noorah101

I don't know the details of DCF, but their wording "US Citizen spouse" means the spouse that is the US citizen.

Rene

cbaudelaire

thank you for the info. After considering DCF, i think our original idea of the K1 method is still preferable, since it allows us to get married in the US, and would hopefully involve less traveling. However, do you know if the K1 Visa process can be performed in Australia? It still seems kinda vague, since i read in the Guangzhou Consulate info that the hospital exams had to be performed in designated hospitals. I'm a little confused as to whether the Guangzhou Consulate even needs to get involved at all? Or can everything be done through Australia and through an Australian hospital (in Sydney)?

Thanks again for all of the help. I would still consider DCF if it is significantly easier, but if it is likely that we can take care of the K1 Visa through Sydney, and within a reasonable time frame (under 6 months preferably), then it would fit our schedule.

Bob

If you can DCF, do it, it's a lot quicker and easier because once in the states, she'll get a greencard in the post...otherwise you'll have to go through the AOS process, which apart from costing even more money, can take up to a couple years if your unlucky.

meauxna

hiya,
I certainly understand if traveling to Australia seems too much. Wait a minute, no I don't! Does Ms Girlfriend have to return to China before moving to the US? Even that would be possible and would not be additional travel.

It certainly may be possible for her to interview in Australia for a K1. That is what Matt was referring to. They do have panel physicians in Australia, and she would visit one of the designated clinics there for her medical, no matter which visa she pursues.

The GZ Consulate would not be involved at all if she applied for (any) visa in Australia. Based on what I've read, Sydney would be VASTLY superior.

What is preferable about DCF (to me) is that the foreign spouse gets an Immigrant Visa, which becomes Permanent Resident status at entry. aka Green Card.
This is the method my husband and I used and he has had zero complaints about his immigration experience.
Counter that with the typical K1 who must go through a very similar and thorough visa process only to arrive in the US, have 90 days to marry and then must apply for permission to work and travel and wait and wait for that permission. Except for those few lucky enough to file in Dallas, there is a period of limbo where the K1 (now) spouse waits up to 2 years to receive Permanent Residence. All along they may have to pay for extensions for their work and travel permission, and they may have difficulty doing normal things here, like getting a driver's license, a social security card, credit, insurance etc etc etc.

Also, for those interested in US citizenship, the clock does not start ticking for that until the day the PR status starts. For my husband, that will be 3 years from the day he first walked in America. For a K1 who entered at the same time, it may be 5 years away.

Let's see, what was your other objection? Oh, getting married in the US? Well, do what many couples do: have a legal ceremony for Immigration, and the wedding of your dreams when and where you are able. There is nothing keeping you from a fancy wedding in the US once she arrives.

I've no vested interest in which way you choose, but little is known about DCF, so I like to make sure that where it is appropriate, the parties concerned know their options. Best luck, whichever way you choose!

cbaudelaire

Thanks so much for the advice. Yea, those are good points, and actually we weren't really thinking about the wedding... just thought that getting married in the US would be easier, based on the difficulty of me going abroad to get married, and then beginning the visa application afterwards. But what you say certainly does make sense and seems worth the extra effort up front.

I read the info on DCF on visajourney.com. But I still feel a bit unsure on how to proceed. Part of why i was thinking of going ahead with the K1 is because it seems very well documented and I would have a better idea of what to expect. With the DCF, do you have any advice on how I can be sure that Sydney's Consulate can pull through for us, seeing as she is a Chinese citizen, and I'm a US citizen who is not residing in Australia? Also, any additional information on the process, guidelines, advice, etc? I am just worried about unexpected problems, and not sure if delays and problems might force her to stay in Australia waiting for everything to get resolved.

Just wondering how you managed to get started on the DCF process? I guess the first thing I would have to do would be to learn about how we can legally get married in Australia. Wow, i really feel so overwhelmed by this!! Thanks again for your help, I really appreciate it