1. 我们仍然等够90天后,在境内注册结婚然后递交1-485和1-130, 并且同时申请AP? 然后他回国内等绿卡批准,如果移民局需要他打指纹或者面谈时,他用AP回来。 这样可行吗?
-Yes, but you had better not marry him until he stays in US for at least 90 days after he entered US using B2 visa if you use this strategy.
(因为听说B2签证在境内调整身份,最好不要离境否则会被怀疑?)AP的有效期是多久?
-It is valid for one year from the date the AP is issued. He must return to US before the AP expires.
只是一次有效?
-No.
还是在有效期内可以多次往返?
-Yes.
2. 不在境内注册结婚,他回国后,给他申请K1 签证?
-It is also fine.
他回国后多久,申请K1签证最好,有时间要求吗?
-No restriction. You can file I-129F any time.
K1签证的审批时间是大概1年至一年半吗?
-This entire process from date of filing of the petition till the transfer of the file to the U.S. consulate normally tends to take up to a year; and sometimes more. Based on the data of 2021,USCIS approval of the I-129F alone was taking anywhere from 5 to 14 months., depending on which Service Center was handling the file.
如果K1签证批准,多久之内必须入境?
-The K1 visa is valid for 6 months from the date it is issued. That means he must enter US witin 6 months.
3. 我们在境外(第三国)结婚,(因为国内没有开放外国人入境,我暂时回不去),我为他申请绿卡,他回国等。审批时间是一年吗?
-If you get married before he applies for K-1 visa, then you need to sponsor him K-3 visa or immigrant visa, not K-1 visa. Normally it takes one year or more, case by case.
在第三国的婚姻,可以在境内做公正被承认吗?
-You may just get married within US any time (even if now), then you file I-130 for him to apply for immigrant visa in China or file both I-130 and I-129F for him to apply for K-3 visa in China immediately after you get married or after he leaves US later. Because he does not file I-485 within US to get the green card in this case, it will not be subjected to 90-day rule limitation, i.e., he has no trouble to get the K3 or immigrant visa in China. I think this is the best choice for your case if he has to leave US earlier.
If he re-enter US using K3 visa, he needs to file I-485 to get the green card. If he uses the immgrant visa to reenter US, he will become the green card holder immediately after he enters US, not need to do anything else.
问题很多,麻烦8老师了。非常感谢!!!