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How does a US citizen bring a Chinese national to the US for marriage and work?

Redmond, WA |
Filed under: Immigration

I'm a US citizen considering marrying a Chinese national who is in China. What would be the best steps for bringing her and her son to the US for marriage and work? For example, would she travel to the US on a visiting visa, get married, than change her status? What about work? When would she be eligible to work? How long does this take? How much does it cost? Does it require a lawyer or can it be done pre se? Thanks.

Attorney Answers 3


  1. You file a fiancee visa. But, you two must have met in person within the past 2 years.

    No, the chances of her getting a tourist visa to come to the US are close to zero ... don't waste your time.

    Talk to an attorney, many of us use Skype to do a 3-way video for this type of consultation.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. The fastest way of bringing her and her (hopefully) minor son would be by filing a fiancee visa petition for her and son, but to be able to do that you must have physically met in person during the last 2 years.

    As my esteemed colleague states, the chances of her being able to obtain a tourist visa are less than zero.

    As for the rest, schedule a consultation with an immigration lawyer.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. I tend to support by both very respected and learned colleagues in the opinion that such case calls for a filing for a K-1 fiancée visa to be used for marriage within 90 days upon approval, provided it was granted. That would be essentially the most legally appropriate way, without clashing with a dual preconceived immigration intent if one attempts a tourist B-2 visa for that prospective foreign national wife.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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