How to Immigrate to America from China

K-1 Fiancé Visa and Marriage-Based Green Cards

The K-1 visa process for Chinese citizens mirrors the general K-1 visa process for people applying from other nations.

Marriage-based green cards can be used by those who are married or considering getting married soon. The process to obtain a marriage-based green card depends on where the Chinese spouse lives and whether the sponsoring spouse is a permanent resident or U.S. citizen. The requirements to be eligible for marriage-based green cards differ, depending on where a Chinese spouse lives and whether the spouse providing the sponsorship is a permanent resident or a U.S. Citizen.

EB-5 Program

The EB-5 program was created to stimulate economic growth in the U.S. through granting of visas based on investments by foreign investors. Using the EB-5 program, you may be eligible to apply for U.S. permanent residency as a group together with your spouse and unmarried children under 21 years old. This method is considered to be a popular way of getting authorization to work in the U.S. as it allows applicants to apply as a family.

Those who use the EB-5 Visa option can also apply for Green Cards and permanently live in America.

K-2 Visas

If you’re immigrating to the U.S. from China using the K-1 visa route, your children could use the K-2 visa to immigrate with you as the children of K-1 fiancé visa holders can enter the U.S. with their parents.

IR-2 Child Visas

U.S. citizens with biological children living in China may sponsor their kids for green cards, using the IR-2 child visa. Form I-864W would need to be filled to apply for the child visa.

F1 Visa

With the F1 Visa, an applicant can enter America to attend a school such as university, college, private elementary school, high school, conservatory, seminary, or other academic establishment.

Green Card Through Employment

To get a Green Card through employment, a Chinese citizen may use one of the following visas:

• Priority work visas – E1 and E2 residence permits;
• Visas for professionals with exceptional competencies or advanced degrees;
• C5 residence permit for creative individuals;
• Visas for other workers depending on their qualifications

Prior to the Interview for Chinese Immigrants

Before the interview, you should make sure you have the following documents ready to submit:

• A copy of your interview letter from the National Visa Center (not applicable to Diversity Visa, asylee/refugee, fiancé, or adoptive applicants.
• Passport that is valid for at least 8 months beyond the visa issuance date.
• Any expired or canceled passports in your possession
• Two 2×2 inch full-face color photographs (no more than six months old) with a background
• Printed confirmation page of the Form DS-260 application for an immigrant visa that you submitted online
• Printed online confirmation page of your online appointment registration
• Birth certificate with a certified english translation
• Police certificate for applicants over the age of 16 years old that has been issued within the last 24 months
• Court and prison records for applicants who have committed a crime in the past
• Marriage, divorce, and death certificates
• Evidence of relationship with the partner
  • Photographs
  • Money transmittal records
  • Proof of biological children
  • Records of communication
• Medical examination results
• Affidavits of financial support
• Petitioner’s documents
• Certified military records if you have served in any country’s military
• Copies of extension applications and approval notices if you traveled to the U.S. and applied for visa extensions
• Copies of all records and waivers if you have been previously removed from the U.S. or been subject to immigration proceedings

Birth Certificate

Applicants born in mainland China should get a certified copy of their birth certificate from a local notary public office. The notarized birth certificate should show the date, place of birth, and names of both parents. The certificate should state ‘unknown’ if the parents’ names are not known. Third-country nationals would need to provide an original birth certificate, a photocopy, and a certified English translation.

Legal Name

If an applicant has ever used a different name or alias on legal documents or for any official purpose, a certified alias certificate would need to be provided.

Form I-2

Form I-20 is the official U.S. Government form that certified schools issue for prospective nonimmigrant students to get an F-1 visa. The form serves as proof-of-acceptance. The information needed to apply for a visa or change visa status, pay the SEVIS I-901 fee, and be admitted into the U.S. can be found in the form. The SEVIS identification number of a student can also be found in the form.

Documentation for EB-5 Applicants

As an EB-5 applicant, you may have to provide evidence of the transfer of your investment funds to an escrow account or proof that the funds have been made available to the U.S. investment project.

Documentation for Employment Applicants

E1 and E2 employment applicants may need to provide resumes that show their educational and professional history. The documents will need to be in Chinese and English. It should list employers and job responsibilities, publications written by the applicant, travel history, and a work plan which explains where in the U.S. the applicant hopes to seek employment.

Overview

There is no guarantee that you will receive a visa after your interview. Even if the consulate plans to give you the visa, delays could occur for different reasons. Most administrative processing gets resolved within 60 days. You should wait at least 90 days after your interview before making an inquiry about the status of administrative processing.

K-1 Fiancé Visa

It can take the National Visa Center 3 – 4 weeks to send instructions about the DS-160 and to notify the U.S. consulate or embassy about the K1 petition. After this, it could take 4 -6 weeks for the U.S. embassy or consulate to schedule and facilitate interviews with applicants.

The costs for the visa may include:

• $535 for the K-1 visa petition (Form I-129F)
• $265 for U.S. State Department processing with Form DS-160
• Varied costs for medical examination
• $1,140 to obtain an Adjustment of Status form (Form I-485)
• $85 to obtain Form I-485 for biometrics

Student Visa

Visas for students can be provided up to 365 days in advance of the start date for a course a student is planning to study. To save time and reduce the risks of delays, it is important that students submit their visa applications and schedule interviews as soon as they receive their Form I-20.

Marriage-Based Green Cards

It can take 14 to 36 months for a marriage-based green card to be processed. This depends on where an individual lives at the time, whether they are married to a U.S. citizen or a green card holder. There may be delays which increase the amount of time one has to wait for the application to be processed.

The table below outlines the marriage green card costs:

The medical examination usually costs $200 but the costs may vary, depending on the provider. Some customers have reported costs of $100 to $500.