Dear Mr. Lehman,

I am an American citizen and have met a Chinese national; we are now interested in getting married. What are our options as I would, obviously, like her to return home with me to the United States when I go back?

Dear Sir/Madam,

If you decide to marry in China rather than the United States, then, arguably, your best option would be to apply for a K3 visa for your spouse, under which he/she may travel and reside in the United States while waiting for processing of his/her permanent residency.

You can commence the procedure by filing an I-130, Petition for Alien Relative, along with a number of other documents, which, essentially prove your American citizenship and marriage to the foreign national. This package should be submitted to the closest USCIS Service Centre, or at the appropriate local processing centre, if the American citizen has proof of residency in China.

Within several weeks, you will be issued the first Notice of Action (NOA). You must then fill out and compile the I-129F package, in order to complete the petition for you spouse and any of their valid dependents. The entire contents of the package must then be forwarded to the Chicago CIS Office for processing.

After issuance of the second NOA, your spouse will be sent a package from Guangzhou, which they must complete prior to setting a date for interview. After the relevant fee has been paid at the bank and notification has been made to the Guangzhou officers that the package is complete, your spouse will be issued an interview package, setting the date for interview as well as other documentation requirements.

At the interview, the spouse must prove a bona fide relationship, as is the case with the K-1 visa. The visa officer can then reject, approve, or provide a rejection sheet, requiring additional information from the applicant. If approved, the visa will then be issued shortly.

LEHMAN, LEE & XU

10-2 Liangmaqiao Diplomatic Compound

No. 22 Dongfang East Road, Chaoyang District, Beijing 100600 China

Tel: +8610 8532-1919

Fax: +8610 8532-1999

Email: asklehman@lehmanlaw.com

Website: http://www.lehmanlaw.com

(China Daily 01/27/2006 page16)