Craig

I want to marry my fianc� in China but the process of bringing her
here via an H1 visa and all the waiting is prohibitive. Prohibitive
for me because I had a near fatal heart attack six months ago that I
wasn't supposed to survive and I'm no longer into wasting time. We
both want to get married as soon as we can so we can live our lives in
peace. Is it easier for me to go to China and marry her there or to
get an attorney that handles this specialty and go through the steps?
I am also disabled because of my medical problems and don't meet the
income requirements. I live on disability and feel I am bound to be
denied something everyone else is entitled to.

Craig

Just Jenney

Have you explored the option of the K1 fiancee visa? That would make a lot more sense than an H1B visa, wouldn't it? Especially since there are caps on the number of H1B visas available each year, but not K1 visas.

You can marry in China and then apply for a K3 spousal visa, but given your disabilities, would it be difficult for you to travel all that way and back?

If you don't meet the income requirements, you are permitted to have a cosponsor. I suspect that your kind of situation is why cosponsorship is allowed for family-based visas like the K1.

As far as processing time goes, welcome to our world. Waiting for things to be processed goes with the territory. And given the thousands upon thousands of applications USCIS gets each year, it's understandable, however frustrating.

~ Jenney

ian-mstm

I'd be interested in knowing what you feel "everyone else is entitled to". If you mean marrying and living with your spouse... you will not be denied these things. You may not be able to do it in the US, but that's not quite the same thing, is it?

That aside, you need to separate in your mind the concepts of "easier" and "quicker". Immigration, at least as it pertains to the US, is neither.

Ian

Noorah101

Hi Craig,

Have you met her in person yet? If so, and it was within the past 2 years, you can petition for a fiancee visa (K-1) for her.

If you have not yet met, you either have to meet her and do the K-1, or meet her, marry her wherever you meet, and do a spouse visa (CR-1 with K-3 as a backup plan).

If you do not meet the income requirements, you can have a joint sponsor. Anyone who is a USC or PR, living in the USA who meets the financial requirements can be one.

If you cannot travel because of health issues, you will have a hard time. It's difficult to waive that requirement for the K-1, and I'm not sure a proxy marriage will be doable for your situation.

You might want to consult with an immigration attorney to discuss your options and limitations.

Best Wishes,
Rene

Noorah101

Just wanted to add here that waiting is part of the process, especially coming from China. There is no way to speed up the process, except to make sure that you have correctly filed forms, know the process thoroughly, and anticipate problems before the arise. This is where an attorney might be useful. If you want the process to run as smoothly as possible (but it won't be "quicker"), use an attorney.

No matter what, you are looking at the possibility of waiting a year (more or less) to have her here.

Rene

andrea874

"entitled to"? No one's really "entitled" to having the government LET their loved one come live in the US. Its not a right, its a privilege.. and part of it (for EVERYONE) is waiting some period of time for it to be granted.

Noorah101

In re-reading this post and the one you have in the other forum, I think you are saying H1 when you actually meant K1. The H1 is a work visa, unrelated to marriage. Since she's your fiancee and you want to marry her and bring her here, I think you *meant* to say K1 in your posts.

Rene

scrubbedexpat099

Well the waiting is just down to the inefficient system.

But back to topic, the quickest way to be together would be moving to China.

If you wanted to come back then you could after acquiring residency file at the US Consulate, need to check this, and then be together whilst the documentation is processing.

Craig

On Thu, 14 Sep 2006 11:44:16 +0000, Jenney & Mark
<member2595@british_expats.com> wrote:

Dear Jenny,
Thank you so much for your help. It does make sense to use the K1
Visa. I had hoped to be able to make the trip partly as an act of good
faith and I also wanted to get married in China to honor my fianc�'s
culture and heritage. Plus, this may be my last chance to travel
abroad. I might live in pain but my fianc� deserves to meet me on her
home turf and see me as I really am and vice versa. I want to know
what she is leaving behind and know for sure that she is leaving to be
with me as her primary reason. I think it's a cool idea to have a
traditional Chinese marriage ceremony too. It's meaning wouldn't be
lost on a plain old American guy. Above all, we want to be together as
soon as possible being that we never know the curves life can throw. I
want to live long enough to enjoy our time together. Your advice
sounds right on.

Craig

    >> I want to marry my fianc� in China but the process of bringing her
    >> here via an H1 visa and all the waiting is prohibitive. Prohibitive
    >> for me because I had a near fatal heart attack six months ago that I
    >> wasn't supposed to survive and I'm no longer into wasting time. We
    >> both want to get married as soon as we can so we can live our lives in
    >> peace. Is it easier for me to go to China and marry her there or to
    >> get an attorney that handles this specialty and go through the steps?
    >> I am also disabled because of my medical problems and don't meet the
    >> income requirements. I live on disability and feel I am bound to be
    >> denied something everyone else is entitled to.
    >> Craig
    >Have you explored the option of the K1 fiancee visa? That would make a
    >lot more sense than an H1B visa, wouldn't it? Especially since there are
    >caps on the number of H1B visas available each year, but not K1 visas.
    >You can marry in China and then apply for a K3 spousal visa, but given
    >your disabilities, would it be difficult for you to travel all that
    >way and back?
    >If you don't meet the income requirements, you are permitted to have a
    >cosponsor. I suspect that your kind of situation is why cosponsorship is
    >allowed for family-based visas like the K1.
    >As far as processing time goes, welcome to our world. Waiting for things
    >to be processed goes with the territory. And given the thousands upon
    >thousands of applications USCIS gets each year, it's understandable,
    >however frustrating.
    >~ Jenney

Craig

On Thu, 14 Sep 2006 13:22:50 +0000, ian-mstm
<member2954@british_expats.com> wrote:

    >> I want to marry my fianc� in China but the process of bringing her
    >> here via an H1 visa and all the waiting is prohibitive. Prohibitive
    >> for me because I had a near fatal heart attack six months ago that I
    >> wasn't supposed to survive and I'm no longer into wasting time. We
    >> both want to get married as soon as we can so we can live our lives in
    >> peace. Is it easier for me to go to China and marry her there or to
    >> get an attorney that handles this specialty and go through the steps?
    >> I am also disabled because of my medical problems and don't meet the
    >> income requirements. I live on disability and feel I am bound to be
    >> denied something everyone else is entitled to.
    >> Craig
    >I'd be interested in knowing what you feel "everyone else is entitled
    >to". If you mean marrying and living with your spouse... you will not be
    >denied these things. You may not be able to do it in the US, but that's
    >not quite the same thing, is it?
    >That aside, you need to separate in your mind the concepts of
    >"easier" and "quicker". Immigration, at least as it pertains to the
    >US, is neither.
    >Ian


Ian,
I think everyone is entitled to a certain amount of happiness and
being with my wife is on the top of the list. I haven't had much luck
in that department and would like to have the opportunity. That's all.
As far as quicker or easier, I'm concerned that my health might
prematurely puntuate our chances of realizing a happy existence
together. That can happen to anyone but it's easy to take life for
granted unless you come as close to losing as I have. I'm just a
little more sensitive to time and loss than I was before. You're right
about separating concepts of quicker and easier. I guess I'm looking
for a way to achieve my desired ends and put the least amount of
strain on my fianc� as I can. That's just my nature. I don't like to
burden my loved ones.

Craig

Craig

On Thu, 14 Sep 2006 14:02:44 +0000, Noorah101 <[email protected]>
wrote:

    >> I want to marry my fianc� in China but the process of bringing her
    >> here via an H1 visa and all the waiting is prohibitive. Prohibitive
    >> for me because I had a near fatal heart attack six months ago that I
    >> wasn't supposed to survive and I'm no longer into wasting time. We
    >> both want to get married as soon as we can so we can live our lives in
    >> peace. Is it easier for me to go to China and marry her there or to
    >> get an attorney that handles this specialty and go through the steps?
    >> I am also disabled because of my medical problems and don't meet the
    >> income requirements. I live on disability and feel I am bound to be
    >> denied something everyone else is entitled to.
    >> Craig
    >Hi Craig,
    >Have you met her in person yet? If so, and it was within the past 2
    >years, you can petition for a fiancee visa (K-1) for her.
    >If you have not yet met, you either have to meet her and do the K-1, or
    >meet her, marry her wherever you meet, and do a spouse visa (CR-1 with
    >K-3 as a backup plan).
    >If you do not meet the income requirements, you can have a joint
    >sponsor. Anyone who is a USC or PR, living in the USA who meets the
    >financial requirements can be one.
    >If you cannot travel because of health issues, you will have a hard
    >time. It's difficult to waive that requirement for the K-1, and I'm not
    >sure a proxy marriage will be doable for your situation.
    >You might want to consult with an immigration attorney to discuss your
    >options and limitations.
    >Best Wishes,
    >Rene

Thank you Rene. I really appreciate your concise advice. It seems that
I will have to do exactly what you suggested. I am able to travel and
I think I'm going to get married in China. The tradition of it all for
her is a nice touch and I'm excited about it too. Maybe by that time
my Mandarin will be much better too. Everyone in this group has given
great advice and I greatly appreciate it. There's nothing like
following the advice of someone who's been through the process
themselves. Thank you.

My best regards,
Craig

Rete

Is there something wrong with your keyboard that the word fiancee does not show up and the letter immediately following fiancee is also missing.

Your feelings are admirable they are quite unrealistic. And what I'm about to say is not meant to be crude or rude or uncaring, but you are putting a great deal of stress on your fiancee. You are a man who has suffered a major heart attack and from your postings it appears that you might have been advised by your doctor that your time on this plane can be measured in months instead of years. That being the case, that is a great deal of stress you placing on a foreign bride. Not only is she going to be marrying someone who is very ill, she is also coming to a country foreign to her without friends and family and with a short period of time she will be a widow. Have you really thought about her and her feelings and life or just about your own happiness?

BTW I've faced breast cancer so I know what dealing with a life threatening illness can do to one's emotions and views on life but I've been in remission for over 14 years and one can live with a reoccurrence of this disease. So my marrying was not in the same category as yours.

Craig

On Thu, 14 Sep 2006 15:44:25 +0000, andrea874
<member21863@british_expats.com> wrote:

    >> Just wanted to add here that waiting is part of the process,
    >> especially coming from China. There is no way to speed up the
    >> process, except to make sure that you have correctly filed forms, know
    >> the process thoroughly, and anticipate problems before the arise.
    >> This is where an attorney might be useful. If you want the process to
    >> run as smoothly as possible (but it won't be "quicker"), use an
    >> attorney.
    >> No matter what, you are looking at the possibility of waiting a year
    >> (more or less) to have her here.
    >> Rene
    >"entitled to"? No one's really "entitled" to having the government LET
    >their loved one come live in the US. Its not a right, its a privilege..
    >and part of it (for EVERYONE) is waiting some period of time for it to
    >be granted.


Alright, alright. I was referring to a personal thing not political.
It's all semantics. You have just as much right as the next person to
love and be loved and the "privelege" of having it available to you.
If love were strictly a privelege of the government, fewer of us would
live here. Better yet, don't even get involved with the beurocracy and
live with a common law spouse and the hell with what anyone thinks. I
was referring more to what is available to the masses and how they use
their privelege. If I had found an American woman that didn't run for
the hills when she found out about my privelege would be as close as
the local courthouse wouldn't it?

Craig

On Thu, 14 Sep 2006 16:27:06 +0000, Boiler
<member22431@british_expats.com> wrote:

    >> "entitled to"? No one's really "entitled" to having the government LET
    >> their loved one come live in the US. Its not a right, its a
    >> privilege.. and part of it (for EVERYONE) is waiting some period of
    >> time for it to be granted.
    >Well the waiting is just down to the inefficient system.
    >But back to topic, the quickest way to be together would be
    >moving to China.
    >If you wanted to come back then you could after acquiring residency file
    >at the US Consulate, need to check this, and then be together whilst the
    >documentation is processing.

That's not a bad idea actually. You see, I could die in the year it
might take to process all this and I'd have nothing during my final
days. The person that corrected me on "entitlement" missed the fact
that I am lucky to be alive today let alone have thoughts about love
in my life. I've had seven women from the US balk at the facts
surrounding a massive heart attack I had in February and the only lady
that it didn't bother, the only one that developed a truely genuine
bond with me and not my medical chart lives in China and wants to be
with me until time runs out. Your idea is one I am going definitely
check out. It sounds like a good option if all the details fit. Thanks
for not being judgemental and getting off the track. I'll wait my time
like everyone else. I just have a fear of running out of time. Thanks
again.

Craig

Craig

On Thu, 14 Sep 2006 16:25:16 +0000, Noorah101 <[email protected]>
wrote:

    >> I want to marry my fianc� in China but the process of bringing her
    >> here via an H1 visa and all the waiting is prohibitive. Prohibitive
    >> for me because I had a near fatal heart attack six months ago that I
    >> wasn't supposed to survive and I'm no longer into wasting time. We
    >> both want to get married as soon as we can so we can live our lives in
    >> peace. Is it easier for me to go to China and marry her there or to
    >> get an attorney that handles this specialty and go through the steps?
    >> I am also disabled because of my medical problems and don't meet the
    >> income requirements. I live on disability and feel I am bound to be
    >> denied something everyone else is entitled to.
    >> Craig
    >In re-reading this post and the one you have in the other forum, I think
    >you are saying H1 when you actually meant K1. The H1 is a work visa,
    >unrelated to marriage. Since she's your fiancee and you want to marry
    >her and bring her here, I think you *meant* to say K1 in your posts.
    >Rene

Thanks Rene, you are right. It's my mistake. I think I was falling
asleep on my keyboard when I wrote it but my heart was in it. Thanks
for the correction.

Craig