March has been a good month for China Marriage 101 Community. Three visa were issued to Chinese loved ones of our small group of members. With a maze of misinformation and services, what happens at the community would not be possible without the help of it’s supportive members.

When Xiaoying and I went through the process in 2005, I always wished I had others I could turn to for help. But, the real motivation behind China Marriage 101 were the stories of couples who suffered from misinformation and slippery legal services.

As I get up in years, I think more about not being around forever. Have you ever had a desire to make a difference before leaving this earth?

Now that we have 100′s of friends and have received thousands of emails, I can no longer keep a lid on the problems. I’ll talk more about the good, the bad, and the ugly in a minute.. But first, congratulations are in order.

Congratulations

Haruki & Jiang Man > My wife and daughter received their passports and visas today. Thanks Randy and Xiaoying. And I thank God for placing so many wonderful people in our lives to help us through this. There is no way I could have done this alone. I have truly been blessed. May God bless you all.

Rand & Baowen > I have been a wreck the last week, both in Baoding and in Guangzhou. No sleep and nervous all day long. There is a box that says only one year of tax return is presented, I checked it, thinking that I only needed one year. The Consulate officer asked for two more years of federal tax reports (1040). Thanks to Cindy of Cindy Wolcott Administrative Assistant Sands CPA Staff 348 E. Olive Avenue Ste C Burbank, CA 91502 I was able to present two more years of taxes.

I walked both Shen Yi and Li Baowen to their 7:30AM meeting, went to McDonald’s for breakfast, went back to the hotel and fell a sleep. The girls came back around 10am and from Baowen, I could not tell. And then I noticed the Shen Yi was NOT crying. I knew then that they both got their Immigrant Visas. In five days, they will be mailed to the house in Baoding. WOW, what a relief. It has been a week now and no Passport or VISA, a couple more days and I will have Baowen call Guangzhou.

I want to thank Randy and Xiaoying for their support and being able to answer my question, when I had the questions. God bless and thank you.

Michael & Xue Yu (Jade) > Visa Approved OMG what a lucky man I am.

I am happy to find this website and I must say I have found much useful information and the member support is outstanding.

I must warn everyone, be careful who you get to help you get your Visa for your wife or fiance. I have found that many company’s just don’t know what to do in these every changing days, they often give bad advice and only seem to want to make money. Some are scam artist and don’t do anything at all but lie to you.

I have heard nothing but good things about the attorney services recommended here in this community. What you find here is the most up to date information available.

I meet my fiancee Jade almost 3 years ago and for the past 2 years I have tried to get a K1 Visa for her to come to America. I have made many bad decisions in who I hired to help me. I wasted almost a year trusting other who say they are experts in K1 Visas. Don’t believe what you read, Nobody can get this done quicker and if they say they can and have a inside source, it’s a scam

I ended up filing my I-129F myself on August 31st 2011,  I got my I-797 Notice of Action telling me it was approved December 28th 2011. Jan 13th, 2012 the National Visa Center forwarded the documents to the Consulate in Guangzhou.

The biggest thing I learned was to document everything you do together. Keep records, receipts and photos. The more you have the better your chances of approval.

My point to all this is find the right people to guide you. I highly recommend The China Marriage 101 Community. Don’t make the mistakes I made and you will be with your loved one sooner. Randy & Xiaoying are here to help you!

The Good, The Bad, and The Ugly

With the exchange of information, both from our subscribers and those who come to us for help, there are many not so honest people that pray on those who are at the mercy of trying to bring a loved one to the United States. In 2011 we were blessed with the addition of Immigration Attorney John Buda to combat that evil.

Some things we can never change. Outdated, misleading information posted on website. Not limited to private sites but also government instructions. Such was the case with Rand’s tax returns.

Dating site translation scams. Some paid thousands of dollars only to discover the person they were communicating with works for the dating site. Just ask for a phone number or mailing address and it will be blocked. That goes against what you need for producing documented proof of an on-going relationship.

You Can Make A Difference

Have you been the victim of less then adequate services or misleading online information? On average, I get to read an email once a month that can be heart breaking. This blog is a voice for the voiceless..

Examples of Good, Bad, and Ugly

The Good -

Based on what you read online, you get help in the form of good people or services that stop you from making a big mistake.

The Bad -

You meet with and pay an attorney his retainer “before” your trip to China. You return and then he tells you “we need XYZ from China to start your paperwork. Plus, your total is $2000″.   WHAT?….

For Jeff, the waiting started, as he forwarded the applications to China for his fiancee to sign. Including gathering and mailing all the translated and notarized civil documents necessary to file his petition.

The Ugly -

You just returned from China. You got married. You go online and find a well crafted attorney website with everything you need. Not only do they have people in China to help, but they ALSO cover 3 other countries as well.   Awe.. IMPRESSIVE!

Six months slips away. Then 12 .. Not only does no one contact his worried spouse but he can never reach an attorney. Just someone who answers questions on the phone.

Tim paid $2500 and 18 months later his Chinese wife ask for a divorce because she didn’t think he was serious. Hard to explain to a woman who knows friends who did it in less then a year. And sometimes it’s hard to back-out when your so far in..

Have you been the victim of less then adequate services or misleading online information?

You can make a difference! Leave your comments.

John B. Buda

I often get this question: “On Chinese fiance K visa applications, does the non-immigrant visa application fee include a child or is it an extra fee of $350 with the Consulate?”

Prior to the visa interview at the U.S. Consulate in China, the consulate will send the Chinese fiance notification to prepare. Part of that notice will include paying the visa application fee before the visa interview can take place. Currently, the visa application fee for the Chinese fiance of an U.S. citizen is $350.

Children of the Chinese fiance are listed and included on the primary I-129F petition but, the fee for the immigrant child will apply at the consulate. For the original petition, the applicant must submit the primary I-129F petition and G-325 Biographic information for both the petitioner and beneficiary of the I-129F petition. The petitioner does not need a Form G-325 for a child.

Since a separate visa is issued to each immigrant, a separate fee is required by the consulate. The immigrant child will also require a separate set of application materials including the medical exam.

Visa Interview Attendance

Interview attendance for children can be different at U.S. Consulates around the world. Sometimes, children under the age of 14 are not required to attend the interview. Since our firm specializes in China, I can report to you that the U.S. Consulate in Guangzhou operates on a different standard.

All children of spouses and fiancees of U.S. citizens must accompany the Chinese beneficiary at the time of the visa interview. And, unlike other consulates around the world, the U.S. petitioner is not allowed to attend.

U.S. Consulate Notification

Packet 3 is what the Consulate will send your fiancee to notify and prepare them for the visa interview. The exact wording for visa application fees from packet 3 instructions is below.

“For K visa applicants, all K non immigrant visa applicants must pay a non-refundable application fee of 350USD (or equivalent in RMB) at a CITIC Bank prior to the visa interview. The fee can be paid at any of the designated branches of CITIC Bank in mainland China. For more information, please contact CITIC Bank national Customer Contact Center at 95558 or visit its website at:http://www.ecitic.com/bank/personal/chuguo/5.htm

If you enjoy receiving information about China marriage and fiance visas or have a topic you would want me to write about, let me know in the comments section below.

If you need more information or a free consultation, please see my Attorney Services page.

John B. Buda, Esq.
China Marriage 101 Attorney Service

Dec 23rd, 2011
Dennis and Lili Carman share their experience and hope with others.

Hello, My name is Dennis Carman and I joined China Marriage 101 early on. It has come a long way since then. I would like to comment to those that are wondering whether they should join CM 101 community. This is not one of the many websites looking for as many members as they can get. It’s a site looking for sincere members trying to learn and discover how to navigate the immigration process once they decide to bring a loved one to the United States.

Dennis and Lili

On this site you will benefit from China Marriage 101′s experience plus the experience of past successful members, myself included. This website is a local community of sorts. It brings together people with a common interest. It’s small and it’s personal. I have spoken with Randy numerous times and he does take the time. Also his wife Xiaoying, met my wife in China during one of Xiaoying’s visits back home while Lili was waiting for her interview date. With this site I have recommended people to it. One has joined that I met in China and we have become friends. He made the trip from Michigan to visit us here in Vermont while on his way to celebrate Thanksgiving.

At this point there are enough people with personal experience that can help you take away some of the mysteries and myths about immigrating to the United States. At the same time, it would be hopeful that you can add your own experience. I strongly suggest joining. Thanks Randy and Xiaoying.

Dennis and Lili Carman

P.S. Lili and Xiaoying still write back and forth quite a bit.

Connect with others. Ask questions. Get support

China Marriage 101 Community

I often get the request from interested clients, “why doesn’t my fiance just come to the United States on a tourist visa and we will get married here”.  This is the question which sometime comes up in response to my information to the client about the length and procedure to marry your foreign spouse in their country, and adjust his/her status through the U.S. Embassy or Consulate.

My answer has to be that some people get away with it (marriage on a tourist visa), but some, probably most, do not. If your fiance comes to the US with the sole intention of getting married in the U.S. and filing then for adjustment of status to their green card and staying here, then this is deemed to be visa fraud, and it is a violation of U.S. Immigration Laws. The USCIS comes down very hard on anyone they feel has committed visa fraud. People who commit visa fraud can become permanently ineligible to enter the U.S. or receive immigration benefits.

You may enter the U.S. on a tourist visa, marry a U.S. citizen and file your I-130 Marriage Petition, then return home before your tourist visa expires. The time when you do run into trouble is when you enter the U.S. on a tourist visa with the clear intention of marrying and staying in the U.S.

There are stories on the internet about people who got married in the U.S. while on a tourist visa, didn’t return home, and successfully adjusted his or her status to permanent resident. It is possible to do and Adjustment of Status under the I-485 form from a tourist visa to a green card, but the people in this scenario were able to prove to the USCIS that they came to the U.S. with honest tourist intentions and happened to make a spur-of-the-moment decision to get married. Entering the U.S. on a tourist visa and filing an I-130 marriage petition followed by the I-485 Adjustment of Status, with no preconceived intent to marry can be difficult to prove.

Things you should know about Tourist Visas and Marriage Petitions

1. The marriage must be in good-faith:

The most important thing you have to prove to the USCIS is that your marriage was entered in good faith.  If immigration officers suspect that a tourist visa was used to quickly file an I-130 marriage petition only for the immigration benefits, they will deny the application and deport your fiance back to her home country. The most important part of a marriage petition is the documents and proof that the marriage is a bona fide, good-faith marriage.

2. The 30/60 Day Rule:

The Department of State has an unwritten ‘30/60 day rule’ to help consular officers determine if someone has committed visa fraud. Even though this rule was developed by the Department of State, it is also used by USCIS when they are adjudicating applications within the United States. Foreign
nationals coming to the US on tourist visa are subject to this “30/60 day rule.”

This “30/60 day rule” makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and very dangerous within 30 days of arriving.

3. What will happen if you are denied Adjustment of Status?

If you enter the US on a tourist visa and got married, filed a I-130 Marriage Petition, either of the following two things will happen

• You can successfully apply for Adjustment of Status using the I-485 application after the marriage and live happily ever after; or

• The immigration officer can find there was preconceived intent, deny the application, and send you back to your home country (please note that if the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country).

The possibility of being denied an adjustment is very real, so you should both be prepared for any eventuality.

4. Immigration Officers are watching you:

When you arrive on a tourist visa. the CBP (Customs and Border Protection) inspection officers, at a port of entry, will ask you the purpose of your travel to the US. You should always be upfront and honest with the immigration inspectors. If you state your intent as, “To see the Golden Gate Bridge,”
and a search of your luggage reveals a wedding dress, be prepared for a long interrogation session. If the border official believes that you’re not coming to the U.S. for just a visit and you cannot prove your intent to leave before your visa expires, you’ll find yourself on the next plane home.

5. No excuse for visa fraud:

If you think it’s easy to fool the U.S. immigration officers – then I would say you should think twice. If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is found, you will face serious consequences. At the very least, you will have to return to your home country. Even worse, you may receive a ban from reentering the U.S., a ban that could be indefinite.

Post by Immigration Attorney John B. Buda
Buda Law Group

Specialized Services for China K1 Fiance Visas CR1-IR1 Marriage Visas

Kim I’m in Guangzhou right now.

We’re staying in a hotel just around the corner from the consulate building. The hotel manager and his wife are helping us set up Ying’s medical exam. They’re also giving us some free advice.

The only thing they’ve advised me on was to add a notarized letter describing my relationship with Ying, how it began, when we were married, what travel we’ve done together, how much and how well we’ve communicated. They recommended that I should include this will all of the proof of relationship evidence I already have. Tomorrow, Ying will have her medical exam, Tuesday will be fingerprinting and document intake, then the marriage visa interview will take place on Wednesday, November 16.

Kim Ying passed her interview!

Thank you all for your prayers and good luck wishes! Ying wants me to share with you that the marriage visa interview ticket number assigned to her was 1088, the Guangzhou hotel room we stayed in was 2008, and our GZO number ends in 5008, 8 being a very lucky number in Chinese culture.

Indeed, we have been most fortunate throughout this process. Thank you Randy and Ying Marsh most of all. We feel so blessed to have found your network of support so early on in the process!

*Randy Congratulation Kim and Ying

It has been a pleasure to watch your process and progress. One of the happiest days of my life was when I got the news Xiaoying passed her marriage visa interview at the U.S. Consulate Guangzhou. I have added your names to the list of Latest Visas on the community home page. Tonight, we share in your joy.

To meet more successful couples, visit our Social Network,  China Marriage 101 Community

Share in their happiness.  Leave a comment.

Dear Randy

Today … a day to remember. Please observe this day when we honor those who had to fight for their countries. And, remember this, it’s not the soldiers who make the wars (that can only be blamed on politicians), but it’s the soldiers who have to do the dirty work.

My father, William H Riley, was a reluctant and scared young lieutenant on the USS Hornet. Ironically, he was fighting against the county I now call home. He visited Japan in the 1970s and found his ex “enemies” to be the nice people I now live amongst.

See, people are people. We all want the same things in life. We all should get along. Really, there is no need for war. This Remembrance Day or Veteran’s Day, consider that old Vietnam War era mantra: “Just give peace a chance.”

Kevin

Hi Kevin,

I enjoyed your message about your dad and the war. It touches home with me. My father never got to meet my Chinese wife as he died at 58 in 1989. My dad was a lieutenant (Army) in the Korean war. North Korea was supported by Chinese troops in that conflict. My wife’s father and one of my close Chinese friends fathers were there. I wish my dad were here today to meet Xiaoying because he would love her as much as the rest of my family. Thanks for sharing.

Randy

Hi Randy,

Same with my Dad. My Riley father (I had a step-father who passed away last year and was really more my father) passed away in 1988. At that time, I was back in uni doing my mechanical engineering. He had told me a long time ago that I should visit Japan. When I got a phone call in 1996, asking if I wanted to build a house in Japan, I jumped at it. Now I live here and have a wonderful wife. I too wish my Dad could have met her. At least, my Pop (Swiss step-father) got to meet her – he loved her and admonished me that I’d be a total idiot if I screwed it up, LOL.

Kevin Riley Publishing
Osaka, Japan

Post by Immigration Attorney John B. Buda
Buda Law Group
310-382-7349

Hello Friends:

This is John Buda, principal attorney of the Buda Law Group. I will be providing you with a monthly report on all legal matters that pertain to Fiance and Marriage Visas. Be sure to subscribe for new updates.

Below is some of the information I received recently about the USCIS Vermont Service Center. VT handles many family based immigration cases, especially fiance and marriage based visas, along with other USCIS Service Centers, TX, NE, and CA. Your questions and comments are welcomed below.

Processing Times for I-129 F and I-130 Immediate Relative Petitions

The Vermont Service Center recently announced that the processing times for form I-129F K1 Fiancé petitions have decreased from seven months to five months. This is consistent with the other USCIS Service Centers that work on Fiance Visas (CA and TX). The processing time for Immediate Relative petitions (I-130 marriage and other family) is current.

I-129F Approval Notice

I-129F Petitions for the K Fiancé Classifications

As a part of USCIS’s efforts to establish consistency and standardization, the Vermont Service Center has announced the following changes to the adjudication of the I-129F, K petitions:

• Validity dates on approvals will now be 4 months minus 1 day instead of the previous 90-day validity period. What this means your fiance will have 4 months to schedule the interview in the U.S. foreign consulate instead of the previous 90 days.

• There has also been a change in the manner that the petitioner must demonstrate that the couple has met within the last two years. Previously they accepted a statement from the petitioner that the couple had met within the preceding 2 years. Now they require evidence to demonstrate that the meeting has occurred, such as passport stamps, dated photos, airline tickets, etc. A statement alone will not be acceptable proof of meeting. Buda Law Group has always strongly recommended that our clients provide more than just     a statement.

New Filing instructions for I-130 Petitioners Abroad
Now, petitioners residing in countries without USCIS offices must file their Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago. The main country this impacts is Iran.

To receive email updates, subscribe to the China Marriage 101 Newsletter
Also see: Specialized Services for China K1 Fiance Visas CR1-IR1 Marriage Visas

As you know, our workshops offer an alternative to those who want to file their own petitions. Some however, don’t have the time to study and just feel more comfortable hiring legal help. However, over the years I have received emails from readers describing stories from hell when it come to the quality of legal services and the cost.

Immigration attorney John Buda found China Marriage 101 through one of the members we helped go to China for marriage. He read all of our pages and comments at both websites and got the feeling that attorneys were getting a bad rap. He told me “I don’t charge anywhere that kind of money and I’m good.” He explained to me that he had never lost a case.

Service for Reviewing Petitions

We are now trying to work out details on different levels of service. For those who want to fill out their own paperwork, collect supporting documents and file their own petition, it would be nice to have your work checked by an attorney both before filing and in the visa application process with the U.S. consulate in Guangzhou. This would be one level of service Mr. Buda could provide.

Full Legal Service

For those who want to hire an immigration attorney to handle the case, Mr Buda and I have been working on the details. This service would bring together Buda Law Service and what Xiaoying and I do best. I would be working closely with the U.S. petitioner and Xiaoying with the Chinese spouse/fiance on supporting documents from both China and the U.S. We would be helping by phone and Internet on a daily bases. John would be preparing the paperwork and submitting to the proper agency’s. Xiaoying will play a heavy roll in interview prep and communications with Chinese loved ones for coordination of documents and a good dose of stress relief.

The Cost

We are working on it.  One thing that is clear….everyone deserves good legal service at an affordable price. They should know the bottom line on cost and should also have the ability to pay with monthly terms or some type of payment plan. Mr. Buda has agreed to this and I’m sure when China Marriage 101 teams up with Buda Law Group we will have a great additional service at an affordable price. I will keep you posted.

Resent Visas Issued

Congratulations to all of our community friends that had your spouse or fiancee pass the U.S. Consulate interview recently. A big Yahoo goes out to…. Kent & Feng, Larmar & Ye, Pat & Jingyi,  Paul & Lili, Carl & Bin, Rick & Ying.

See Latest Activity : http://chinamarriage101community.com

Everyone take care and try to keep cool in this July heat.

Randy & Xiaoying

For the Members of China Marriage 101, today we want to give you some good news!  Applicants of a K1 visa who wish to immigrate their children under the K2 visa option now have greater flexibility to adjust their child’s status to that of lawful permanent resident.

In its June 23, 2011 decision Matter of Le, the Board of Immigration Appeals (BIA) favorably resolved the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21.  The BIA concluded that the age of the child is “fixed” at the time the child is admitted to the United States.  In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

The BIA’s decision is consistent with the position of the American Immigration Lawyers Association, of which this writer is a member, which has long stated that, for purposes of adjustment of status, the age of the child should be “fixed” at the date when the child was admitted to the United States.  These children will now will be able to become lawful permanent residents as Congress intended.

My name is John Buda.  I am an immigration attorney practicing in Los Angeles, California.  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.  www.budalawgroup.net