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My wife and I have been married for over five years now, and we have been together that whole time in China. All our children were born here, and have never been to America. They all have US passports, and can leave anytime, but my wife is Chinese and she needs a visa to enter the US.

In the past we made several attempts to get her a visa just to visit America, but she was always refused a visa. Two years ago we realized we should leave China, because of our kid’s education, and the increasing instability in the ESL market., For the past 18 months we have been working on getting out of China. We got the kid’s passports, and all the listed requirements collected to file a Petition for an Alien Relative. Once again the Homeland Security US Consulate is where we ran into trouble.

U.S. Consulate’s Office of the Department of Homeland Security in Guangzhou China is not the US Consulate in Guangzhou China. In the past American’s could go to the consulate, but after the Homeland Security Department took over the consulate was closed to the public, and an office was opened across town by Homeland Security. They just call it the consulate office, but it’s really the Department of Homeland Security. The law (Tile 8 US CODE: 1103) allows Homeland Security to hire, and empower foreign nationals, so there aren’t too many American’s working there.

The Petition for an Alien Relative has a list of requirements to prove A. my US Citizenship, and B. our Marriage is real.
The list can be found in the instructions for I-130, USCIS website, Sate Department Website, Legal Professional’s websites, and even the U.S. Consulate’s Office of the Department of Homeland Security in Guangzhou China‘s website (until they removed it in October). That list is the same everywhere except in Department of Homeland Security in the Consulate’s office. I only discovered that that office required Foreigner Residency Permit from the Chinese government when I got there. That’s where I got that document with the special requirement. That document is no longer required by China for foreigners with family visas like mine, and that means I can’t obtain it ether.

The Homeland Security agent I spoke to was a Chinese not an American. I asked her why their requirement wasn’t listed on the website? She just insisted that it was listed, but to this day I have never found it listed anywhere. I asked her why the Foreigner Residency Permit was required it has nothing to do with my citizenship or marriage. She just said “because it’s a requirement”. I asked if I could use another document because that one wasn’t available, but even though the I-130 instructions say I could do that she said no. I asked if I could file without the Foreigner Residency Permit, but even though the I-130 instructions say I could do that she said no.
The law (Tile 8 US CODE: 1103) gives Homeland Security employees (even foreign nationals) the authority to change the requirements as they feel necessary. Their word is law, so I can’t do anything about it here.

Hope that helps!

2006-12-12 07:16:23 · answer #1 · answered by Brad C 3 · 1 0

Where are you going to live afterwards? Usually it will make it easier if you marry where you will live and also according to the laws of that country. Whoever leaves his/her country should make sure to bring along ALL necessary documents, and they shold not be older than 3 months. In some countries 6 months are still good.
As for immigration: I cannot tell you which will need more paperwork, you entering the USA to marry there or him entering Italy to marry there.
Binational marriages can take time, I am waiting already more than one year for a permission to marry my fiancée here in Switzerland.

2006-12-12 04:34:45 · answer #2 · answered by corleone 6 · 0 0

It's a simple question. Why do people think just because this person is getting married to a US citizen they are doing it for money, or illegal purposes? If you love the person do it. I would say if you are going to live in Italy get married there. If you are going to live in the US get married there.

2006-12-12 05:04:30 · answer #3 · answered by Sparkles 4 · 0 0

Get married in the United States. INS has a rule that if you enter the United States illegally you have to do a time of punishment in the Country that you come from. They will give you a punishment of approximately 6 months to a year but if you leave and come back then that will count as two entrances to the United States (that is illegal) and they will punish you for a period of time of Ten Years. That means you will have to leave and not be back until you have done your ten year mark. Consult an Attorney since I don't know any details this is if you came in illegally but if you came legally then you should still do it in the U.S.

2006-12-12 07:18:22 · answer #4 · answered by Adri 4 · 0 0

You're going to marry her/him to get into America, aren't you? For no other reason? For you sake I hope you didn't pay her any money, or else you're in BIG trouble! When/if you marry her, in either place, Immigration is going to check on you and give you surprise visits to make sure you're acting like a married couple. If they find you have falsely married to get into the USA, you will be deported, and your marriage annulled. Neither country makes a difference where you marry, but don't marry in America if you are illegal, then you will not be married for long, you'll be deported, and the marriage void.

2006-12-12 04:45:40 · answer #5 · answered by xenypoo 7 · 0 1

If you are planning on living in the US you should file for a K-1 fiance visa and marry in the US. Spouse visas take much longer to process than a fiance visa from some reason.

2006-12-12 06:32:15 · answer #6 · answered by Alie 4 · 0 0

if you are going to become a US citizen and live in the US, then the US, if you are going to live in Italy then Italy.

2006-12-12 04:36:41 · answer #7 · answered by David 5 · 0 1

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