SO visiting the US

[mercator]

I was thinking it would be nice for my SO to come visit me in the states, rather than vice versa. We started the K-3 process, but are still pretty early in it.

 

She has a Chinese passport. Is it possible for her to get a tourist visa when she is in the system waiting for a K-3? Again we are very early on, (Pre-129F submittal. It has been a while since the 130 was sent, but no word) but I wouldn't want to put the K-3 in jeopardy, or have her pay the fees only to be refused.

 

I've heard different stories. I've heard she can still come for the 90 days if she goes back, then no problem. I've heard that because she is in the K-3 process she would be denied a tourism visa because of fears she would not go home.

 

I'm sure this has been asked before, but it's an issue that is worth resurrecting now and then, no?

 

Merc

[castaway109]

I can tell you that even though your intentions are good and honorable...if customs finds out she is a K3 they will not allow her to enter the US because it is too big a risk that she will not go back. Also, that could cause repurcutions with the K3 and I130 visas. That's what I have read in many, many places.

[Carl]

I am no expert, but it is no understanding that once you apply for a emmigration or fiance visa, your SO is barred from getting a tourist visa.

 

I guess they are afraid she may decide to stay in the US after the visa is expired.

[pkfops]

Plan a vacation in Canada.

 

It will be like almost visiting the US but nicer.

[tywy_99]

Is it possible for her to get a tourist visa when she is in the system waiting for a K-3?

 

That would be in between slim and none! All she would get for her effort is a big, fat, red stamp in the back of her passport.

[notrevorich]

Plan a vacation in Canada.

 

It will be like almost visiting the US but nicer.

165595[/snapback]

Fat chance of her getting a visa for Canada ,unless it is a business visa

been there and tried that B)

[Joanne]

I am no expert, but it is no understanding that once you apply for a emmigration or fiance visa, your SO is barred from getting a tourist visa.

 

I guess they are afraid she may decide to stay in the US after the visa is expired.

165590[/snapback]

The philosophy is like this,

 

In order to be granted a tourist visa (in the category of non-immigrant visa), one has to prove with evidance that he/she has not intention to immigrate to US.

 

Therefore, since you SO has applied for an immigrant visa, it shows that she intends to immigrate.

 

There might be exceptions though. And the fact is, after one gets the first tourist visa, the second one (within half a year or one year) will come easy, with no interview and can be a multi-entry.

 

P.S.,

I have told my story before. A couple of years ago, I applied for an tourist visa to US (after left US for over 5 years), to take baby seeing grandparents. VO questioned me why didn't I apply for an immigrant visa. My reply was that I didn't want because my husband and my baby live in China. She plainly refused to hear my explanation and rudely exclaimed that my "story" was "not logical". I had the letter from my husband's employer in Shanghai, she didn't want to see it. At the end, I told VO that my husband was waiting at the citizen service unit, she could talk to him there. That was how I got my tourist visa, but on it, it was stated explicitly that I must exit the country on Feb14. (That was my planned day of leaving, showing on my visa application).

 

We have been married for over ten years, I lived overseas for extended period of time and traveled to quite a few countries, and kept a good track record (including 7 or 8 times to US). Always left the countries within my time limit. It was still very difficult for me to get that tourist visa. The experience was very hurting. VOs treat us like criminals. True, in other section of the US law, a man is not guilty until is find guilty. Immigration law is the only one exception (I heard so but not confirmed) that, the applicant is assumed guilty until you proved not.

Edited November 3, 2005 by Joanne (see edit history)

[warpedbored]

Excellent post Joanne. Also refreshing to hear it from a Chinese person's perspective. I once met the retired consul general from Chengdu. I asked him why it is so difficult for family members, in particular mothers and fathers of Chinese permanent residents to get a visa. I cited a case I knew of where the mother wanted to come to the US to help her daughter while she had a baby. She was leaving the husband behind and the visa was still denied. The consul told me there is a "huge problem with little old ladies coming to the US and staying." I didn't buy it for a minute but I had to be polite since he was a customer in my store.

[shyaushu]

Excellent post Joanne.  Also refreshing to hear it from a Chinese person's perspective.  I once met the retired consul general from Chengdu.  I asked him why it is so difficult for family members, in particular mothers and fathers of Chinese permanent residents to get a visa.  I cited a case I knew of where the mother wanted to come to the US to help her daughter while she had a baby. She was leaving the husband behind and the visa was still denied.  The consul told me there is a "huge problem with little old ladies coming to the US and staying."  I didn't buy it for a minute but I had to be polite since he was a customer in my store.

165666[/snapback]

Yes, I have often refered to the "vast conspiracy of middle-aged Chinese women scheming to enter this country to destroy our way of life" when explaining to friends why my wife has been unable to join me here even after almost a year.

 

It's just what people who really do have evil intensions hoped for: we are so focused on inspecting and scrutenizing every milkmaid and boyscout that we don't have the resources to concentrate on -- and identify -- those who actually are a danger.

 

It's like releasing that junk when there's an incoming missile. The war head will be so confused it will miss the target.

 

Who designs these policies, anyway?

[lars]

The same people that got the idea for chaff?

[jim_julian]

The same people that got the idea for chaff?

165913[/snapback]

Now if only they would vary the cut for the frequency ... sigh

[tex99]

Who designs these policies, anyway?

165859[/snapback]

Well, Congress makes visa policy. Homeland Security (USCIS) is the lead agency. And the State Department implements the policy abroad.

 

I do wonder where the presumption of guilt doctrine originated, or if that is just something cyclic and stronger with some administrations.

 

A side note on policy: The State Department's Foreign Affairs Manual says "A B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

 

(The section is 9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or Permanent Resident Aliens)

 

But again, you have to overcome the presumption of intent to immigrate, which in the case of K Visa applicants seems impossible.

 

It would take a lot of immigrant rights lobbying and campaign $$$ in Congress to change the policies. So far as I know, the asylum seekers are the only group that gets a *little* attention. Nobody is lobbying to change the treatment of regular people in the immigration system. Oh, except the groups lobbying to keep them out. There are plenty of those. Just Google.

[notrevorich]

Who designs these policies, anyway?

165859[/snapback]

Well, Congress makes visa policy. Homeland Security (USCIS) is the lead agency. And the State Department implements the policy abroad.

 

I do wonder where the presumption of guilt doctrine originated, or if that is just something cyclic and stronger with some administrations.

 

A side note on policy: The State Department's Foreign Affairs Manual says "A B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

 

(The section is 9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or Permanent Resident Aliens)

 

But again, you have to overcome the presumption of intent to immigrate, which in the case of K Visa applicants seems impossible.

 

It would take a lot of immigrant rights lobbying and campaign $$$ in Congress to change the policies. So far as I know, the asylum seekers are the only group that gets a *little* attention. Nobody is lobbying to change the treatment of regular people in the immigration system. Oh, except the groups lobbying to keep them out. There are plenty of those. Just Google.

166025[/snapback]

the Visa sure seemed to work for husband hunters from Hungary

one of those little darlings met a guy on line ( did n't matter that he was married at the time ) came over here on a Visa

got him to get divorced - his wife filed immediately when she found out about the little Darling-

Fortunately DHS protects American men and women from being preyed on by those evil pagan mongul hordes from China

[tonado]

Don't waste your money in applying for the tourist visa for your wife.