Immigration Issues/Immigration Issue


My backgroud:
  -- US Citizen (born in Taiwan, obtained naturalization certificate in 1999)
  -- California resident
  -- Stayed in Asia for 3 years and just came back for 1 month.  
  -- Start working and will stay in CA.

My fiance:
  -- Mainland Chinese
  -- Works at a US company in Shanghai
  -- She has valid US visa on her Chinese passport, company applied, expires in Feb. 2007.
  -- Been to US for business trip twice
  -- Will be on business trip in Nov. 2006, but needs to go back to China in 2 weeks
  -- Planning on bringing her here after March 2007

Where we should get married (US or China) to avoid the long wait.  And how to apply, so she can come to California and work at the same time.

I heard it takes over 8+ months for her to get the visa to come to US and be able to work here...  I checked and this is what I think is the best thing to do, please correct me and let me know how long each step approximate will take.

1. Get the marriage license in CA in Nov 2006
2. Get married after getting the license (the time to receive the marriage certificate in California?)
3. File I-130 (w/ 2xG-325A)
  How long after we file I-130 can she apply for K-3 visa?  Can she be in China while she apply for K-3? (She can only be in the US for 2 weeks in Nov)
4. Concurrently file I-129F (so she can live & work in US) Can she go back to China and come back in March 07?  (Her US business visa expires in Feb. 07)
5. Apply for K-3 visa (when can we start apply and how long does it take?)

I know this is a long list of questions, but it's very important to me and my fiance, please help us out.  Thank you!

Best Regards,


I would sya let her go back and forth on business visa. after she comes here for good in 07 pror to expiration of business visa, get married and file I-130 and I-485 package and then she will not have to leave or she can get permission to travel as part of I-130/I-485 filing.



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Robert Hollander<B> Esq.</B>



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