US immigration question: best way to do it

Posted by lmcohen (446 days ago)

Hi everyone,

I'm a US citizen and I've been working in HK for a number of years. I've recently decided to accept a job in New York and will be relocating in 1-2 months (officially leaving my current job in about 3 weeks).

I would like my girlfriend (German) to be able to accompany me, and the most practical solution seems to be marriage.

The question is now as follows: should we marry in HK and apply for the US paperwork at the Consulate here, or wait until I'm in New York to apply for a K-1 Fiancee Visa, and she can join me thereafter to marry in NY?

Main issues are timing and hassle factors. Which way is faster/less tedious?

Separately, can anyone recommend a good US immigration lawyer in HK who might be able to advise on my situation?

Thanks in advance!

Leonard.

(I am based in Hong Kong)

Posted by dartkel (442 days ago)

(I'm a US citizen, now in US but had lived on the mainland for several years who looked into this in detail.)
K-1 visa is much easier than K-3 (immigrant). However, there are other considerations. If your girlfriend is German, she will need to apply for the K-1 in Germany (citizenship country). It takes 3 to 4 months for you to apply once you are in the US, then maybe 4 to 8 months for her to get the necessary paperwork done and get the visa, then she goes to the US and you have 89 days to get married. If, on the other hand, you marry her in HK (not all that hard), you'll now need to apply for an immigrant visa and that could take several years, and would also have to be done in Germany (though you might be able to get her a 90-day visitor's visa sometime during the several year wait). In either case, she'd have to return to Germany (at some point) to get the visa. As for lawyers, I don't know about HK, but you can readily find one in NY (cost is around 1000 USD for support, though if you follow the procedure you don't really need a lawyer). Here's a website with comprehensive information: http://www.visajourney.com/faq/k1faq.htm

(I am based in Unspecified)