Response to web blog query re Hong Kong processing

Anonymous says:

John, I remember you telling me NOT to get married in Hong Kong back in April, but I "went with the herd" and did it anyway. Now people are saying that HK changed its policies and is being really tough with PRCs married in China. MY K-3 has been approved and CR1 should be approved soon (did electronic processing), but I'm scared to death of HK. Should I write them a letter saying I wasn't trying to avoid Guangzhou when I got married in HK?

First, Hong Kong has not changed its policies. The same people are there as were there earlier this year and the policies are all the same, as far as we can tell. The problem with getting married in a third country in order to avoid the consulate of the beneficiary’s home country is that it is almost ALWAYS a bad idea. It’s a case of being “too clever by half”. I posted something about this earlier in the blog (see Filing K-3 at Third Country Post After K-1 Denial).

OK, what to do?

The first thing to understand is that you get only one bite at the apple. Either your I-130 petition will be reviewed or the K-3. Normally, you would pick the K-3 because it’s faster. My view is that you will have a better chance of approval if you withdraw the K-3 and just go to Guangzhou for the I-130 interview (plus the bonus that after entry on the I-130 you will not have to go through with the adjustment of status process, work authorization, travel document, another affidavit of support, etc. etc., which IS the case with the K-3). Count on being asked by the Consular Officer in Guangzhou why you married in Hong Kong rather than on the mainland (the more natural choice, since your wife’s relatives are more close at hand). Do NOT lie and claim you had some personal/romantic/practical/whatever reason to get married in Hong Kong if none exists, or if you are “puffing” a rather weak reason to get married there. As I’ve said before, consular officers may be misguided in their policies from time to time, but they are most definitely not stupid and they usually see through bogus reasoning and rationalizations. When asked, the best answer is the honest one – “some people were recommending it earlier this year as a way around the problems at Guangzhou, but in the end we decided not to go that route,” or something like this. Consular offices tend to be pleasantly surprised by such candor, and, by being frank even when it’s painful, you will have enhanced your credibility for other questions answered during the interview.