Immigration of spouse from taiwan

[miker32us]

Has anyone here had any experience bringing a spouse over to the US from Taiwan. She already has a B-2 visa and can stay here for 6 months while we apply to USCIS.

 

Why is it so hard for Chinese women to get B-2 tourist visas? When I was in Taiwan in October there were hundreds of Taiwanese people waiting at AIT for their B-2 visas.

 

Mike

[warpedbored]

Because it is Taiwan not mainland China. Politics. Are you already married and haven't filed the I-130? If she comes to the US on a B-2 visa with the intent to adjust status or marry it is visa fraud. I would be very careful if I were you.

[miker32us]

Because it is Taiwan not mainland China.  Politics.  Are you already married and haven't filed the I-130?  If she comes to the US on a B-2 visa with the intent to adjust status or marry it is visa fraud.  I would be very careful if I were you.

183969[/snapback]

Yes we were married in October in Taiwan and have been working on the immigration forms both for me to live in Taiwan and her to live here since we will likely live in both places for part of each year.

 

Wow it is visa fraud if she comes to the US as a visitor and we file the I-130? On the I-130 form is a section where it asks if your spouse is already in the US and asks for the I-94 number she is given before arriving at customs. It does not seem they would ask that if it was considered visa fraud.

[Guest pushbrk]

Because it is Taiwan not mainland China.  Politics.  Are you already married and haven't filed the I-130?  If she comes to the US on a B-2 visa with the intent to adjust status or marry it is visa fraud.  I would be very careful if I were you.

183969[/snapback]

Yes we were married in October in Taiwan and have been working on the immigration forms both for me to live in Taiwan and her to live here since we will likely live in both places for part of each year.

 

Wow it is visa fraud if she comes to the US as a visitor and we file the I-130? On the I-130 form is a section where it asks if your spouse is already in the US and asks for the I-94 number she is given before arriving at customs. It does not seem they would ask that if it was considered visa fraud.

183998[/snapback]

If you read carefully, your statement and Carl's don't say the same thing. The operative phrase is "with the intent to adjust status or marry".

[Randy W]

Fraud is a very strong word.

 

If your wife obtained the B-2 visa through a truthful application, she should be able to use it without any problem. I think the question here is whether she we have to return at the expiration of her B-2 visa and whether you can file the I-130 while she is here. The problem might occur when she tries to adjust status.

 

We have discussed cases where someone got married while on a B-2 or other visa, and have concluded that this is okay (provided that the intent in coming here was NOT to adjust status or marry), and the applicant can stay, provided that the I-130 is filed before the original visa expires.

 

In your case, however, you are already married, and your wife would be coming here with the intent of adjusting status. If the IO suspects that this is the case, the application would be denied.

 

From China, it is almost impossible for a spouse to get a B-2 visa. This question might be a best asked of an accomplished immigration attorney, or on a board more experienced with this situation.

[ameriken]

In your case, however, you are already married, and your wife would be coming here with the intent of adjusting status. If the IO suspects that this is the case, the application would be denied.

 

From China, it is almost impossible for a spouse to get a B-2 visa.

184246[/snapback]

Excellent post...I think almost everyone here has considered the B2 visa with the hopes of bringing their SO here as more than a tourist. And it is for that reason that it is so hard to get.

 

As Randy says "If the IO suspects that this is the case, the application would be denied",

 

and if I am correct, I believe this denial could seriously harm her chances of adjusting status and/or getting any other visa for many years. I think everyone with a spouse or fiance ultimately caves in to doing the more appropriate visas.

 

The B2 is not worth the gamble, I think.

[warpedbored]

Fraud is a very strong word.

 

 

184246[/snapback]

Anytime a visa is used for any purpose other than that for which it was issued is visa fraud. If the interviewing officer does not believe that she came here on legitimate business then decided to marry after she was here it could result in a denial and her being banned from entering the US for up to 10 years. Chances are that wouldn't happen but the risk is real.

Edited January 19, 2006 by warpedbored (see edit history)

[miker32us]

Fraud is a very strong word.

 

 

184246[/snapback]

Anytime a visa is used for any purpose other than that for which it was issued is visa fraud. If the interviewing officer does not believe that she came here on legitimate business then decided to marry after she was here it could result in a denial and her being banned from entering the US for up to 10 years. Chances are that wouldn't happen but the risk is real.

184376[/snapback]

Thank you all for the wonderful posts. FYI, She has had her B-2 via for over a year and obtained it so we could meet in Hawaii last year. I went to Taiwan twice last year and we got married during the 2nd visit in October. This past December we again met in Hawaii. So she has used her tourist visa twice. Her intent was to purchase a round trip ticket and come here in May and make the application. I have since talked to the USCIS and they suggest I file the I-130 and when I am notified it has been received she can get a K-3 visa from AIT in Taiwan and turn in her B-2 visa. The USCIS told me once she gets her K-3 visa I can file an I-129F which will will allow her to come to the US immediately and apply for a change of status