Tourist Visa Myth Dispelled

[KandY]

Some time ago, when I use to frequent G7 (before the censorship began), I posted the question if it would be a good idea for our loved ones to obtain an Tourist Visa while they wait for their Immigrant Visa.

 

The general opinion was that it was not possible. Well, as much as I respect people's opinions - on a matter as important as this - I wanted to hear it from the "horses mouth". So on November 17th, I faxed the Embassy in Beijing and asked them this very question:

 

"Would my Fiance who has already been approved for a K1 Visa and is only awaiting the name check to be returned for issuance, still be eligible for a Tourist Visa?"

 

There reply was:

 

"Thankyou for your inquiry of November 17. Please be advised your fiance is eligilbe to apply for a tourist visa, but also kindly note there is no guarantee that she will qualify. Qualifications for a K visa are significantly different than those of a tourist visa."

 

So my first statement is, everyone be aware that getting your loved ones here shortly is still a possibility, as they are not automatically ineligible for a Tourist visa.

 

If the Embassy would apply some simple logic, in most cases Tourist Visas would be issued to our waiting loved ones who have passed the interview already, or are married to U.S. Citizens already.

 

The two biggest requirements of a Tourist visa are:

1) Prove you are not a intending immigrant.... which means you plan to return to China once your visa expires. Simple logic says, well yes you are an intending immigrant, but not illegally, you've already been approved!! So as soon as GZ is ready to issue you your immigrant visa - you will return, or of course before your Tourist visa expires. (duh).

 

2) You will not become a public charge while you are in the US....if your loved ones have passed the interview, through the AoS document, you have proved that will not happen.

 

I just wanted to share this with you, this is not a rumor - but a fact given to me from the Beijing embassy. I hope it helps some of us.

[Mike and Ying]

1) Prove you are not a intending immigrant.... which means you plan to return to China once your visa expires.  Simple logic says, well yes you are an intending immigrant, but not illegally, you've already been approved!! So as soon as GZ is ready to issue you your immigrant  visa - you will return, or of course before your Tourist visa expires. (duh).

 

Just FYI,

I went to the Shanghai Consult and asked this very same question. After he stoped laughing he said "You have no chance what so ever" By filing the K visa you have allready shown "intent to immigrate".

That is what I was told.....

[KandY]

Yes, that narrow mindedness of the consulate worker is not a surprise.

 

Actually, GZ told me my Fiance was still eligible for a Tourist visa first, but since she would have to get it from the Beijing Embassy, I thought it prudent to ask them also. And as my post indicated, they said the same thing.

 

I plan to meet with the non-immigrant chief later this month when I am in Beijing and try to share the simple logic involved and see if I can get them to adopt a standard policy on this and then tell the consulates to do the same.

[KandY]

I agree with your statements entirely. My Fiance and I have also discussed the "what ifs" of her getting a Tourist Visa only to have to return a short time later when her K1 Visa is ready. We've decided that 'now' is more important and tangible than "maybe soon". So in our case, we would take it in a heart beat.

 

It would be great if by the time I go to beijing for Christmas, this was all resolved and the Tourist Visa was a moot point

[Guest Frank & Jenny]

I think you're all forgetting one thing. The last words are spoken by the INS inspectors at the airport. I have read of many fiancees that do get a tourist visa only to be put right back on a plane at POE. If you consider the risks and the fact that tickets are cheaper going to China, why not just go there ?

[Myles]

Aloha from Hawaii

A tourist visa is possible but very expensive. I looked into this when I was

in Beijing in September. The expensive part is you have to post a bond of

about $10,000. to insure a return after the visa is over. The bond is posted

with the travel agent.

Myles

[KandY]

Myles, I would like to see documentation on that. My Fiances mother comes over to the US all the time and has never posted a bond. Tx.

[KandY]

Frank and Jenny:

Can you provide me with links or something to support your statement? I would really like to review that material myself before my Fiance attempts to get a Tourist visa. Tx.

[tparrent]

I talked to the embassy in Beijing and they told me the same thing i.e. she could apply like everyone else and here are the rules...bkah blah blah

 

Then I joked around awhile with the guy to get him away from "officialspeak" and asked him to estimate the probability of an actual approval and issuance of tourist visa.

 

His response:

 

"Zero"

 

Honesty occasionally leaks out.

 

Nonetheless, feel free to apply but Iwould make sure that YOU talk to an AMERICAN at the embassy and explain that if it is going to be rejected then you would like to withdraw the application instead. The Chinese clerks dealing with your fiancee will not be as flexible.

[April]

when the people who's applying for a B2 visa(tourist visa),there's also a line in the forms: Is your finance(e) in the States?

and if u tickle this item,u'll get rejected 99% by the VO,for u have a intendency to immigrant;

but as far as i know,u can fill in "no" and if the VO hasn't raised any problem on this issue during your interview,u can get pass and get the visa;

it's kind of cheating,but it works.One of my co-workers get the B1 visa last month,and when she filled the forms,she said she's married,but in fact,she's single,while a single girl can easily be rejected to the States by VO,(thinking u guys may fall in love on Chinese girls and get them stay,)

so from what i've seen,the Consulate in SHANG HAI probably not has the record of what GZ has.

I'm telling u what things can be,not to encourage u to cheat,

[KandY]

Thanks April, but I would really not suggest anyone answering falsely. Rejections are recorded and now all visas of any type are recorded in CA's system, approved or not. I would hate for someone to get caught and have "lying" attached to their file forever :

[sysy]

The real test is, someone with a K visa pending and gets a B visa afterwards. I have not heard any, even from US friendly countries. The fact is, again, the VO has absolute power to deny a visa, and I suppose they do in such cases, even though it’s not written in the law.

[KandY]

I accept your challenge (holds head up high) and will personally test this insane system in which we are forced to do battle in!!! (Great music playing in background)...Muhahahahaaaa...Muhahahahaaaaa

[Myles]

KandY and Donnahso

The bond was part of a price quote from a travel agent in Beijing who

is selling tour packages to Hawaii. You are probably right that it is

to protect the tour agent. However, I have found Chinese laws to be

strange and inconsistent. When I left China through Pudong I was

charged for an exit customs inspection. It was the first time I ever

heard of an exit inspection. Anyway, I was charged 20 RMB for two

suitcases and got piece of paper that said I paid 10 RMB. Oh yes,

not all passengers were required to have the exit inspection which

consisted of a inspection seal without an inspection.

Myles

[rsun]

On the response about a bond be posted for travel to the US, it's definitely true, at least here in the Shanghai travel agencies. My wife and I visited a bunch of different travel agencies to go to different places and for at least the US and Australia, they have packages where the Chinese Citizen needs to put down a deposit and at least this place give them access to your savings account, etc. so that if you do not return you risk losing all your savings. They said the deposit is flexible, it's based on how much you have on your savings account, the more in your savings account, the less you have to put down on the deposit. They said I could of even used my credit card to put down the deposit. The travel agency told us they don't like to arrange travel groups to the US because the Visa process is so complicated so they feel it's a lot of extra work to make an extra buck.

 

We asked around with some other friends in the US, and some of us told us we can arrange this type of tour from a travel agency inside the US and they said the visa process is much easier. I'm not exactly sure how true this is, but I guess it's a possibility. We're just thinking what's the best we can have her parents visit us when we're in the US, etc.