Guest ShaQuaNew Posted February 28, 2006 Report Share Posted February 28, 2006 Related questions: 1. I thought it was nearly impossible for a Chinese national to come to the U.S. on a purely tourist visa (e.g., without business or study reasons). Is that not true? 2. I have submitted my I-129F already. Would that prevent my SO from getting a tourist visa to, say, Hawaii (which is kind of, sort of halfway between us)? Thanks in advance.194261[/snapback]While difficult for a Chinese citizen to get a tourist Visa to the US, it's not as difficult as many think. The most important hurdle to overcome is showing strong ties to their homeland. If the Chinese citizen has a long time job, owns a home or business, it makes it much easier. Link to comment
frank1538 Posted February 28, 2006 Report Share Posted February 28, 2006 Related questions: 2. I have submitted my I-129F already. Would that prevent my SO from getting a tourist visa to, say, Hawaii (which is kind of, sort of halfway between us)? Thanks in advance.194261[/snapback]I'll hazard a guess that once the I-129F has been filed, the chances of getting a tourist visa drop to somewhere around 0%. Having filed the I-129F, your SO has probably gone on record as indicating "immigrant intent" which must be lacking if a tourist visa is to be issued. Maybe try Tahiti instead. Link to comment
Guest ShaQuaNew Posted February 28, 2006 Report Share Posted February 28, 2006 (edited) Related questions: 2. I have submitted my I-129F already. Would that prevent my SO from getting a tourist visa to, say, Hawaii (which is kind of, sort of halfway between us)? Thanks in advance.194261[/snapback]I'll hazard a guess that once the I-129F has been filed, the chances of getting a tourist visa drop to somewhere around 0%. Having filed the I-129F, your SO has probably gone on record as indicating "immigrant intent" which must be lacking if a tourist visa is to be issued. Maybe try Tahiti instead. 194268[/snapback]ShaQuaNew, I just read a current poll running on CFL on this subject, and the optimism I felt from your post was immediately dashed when I read the responses there. BTW, my SO really likes your avatars. Thank you. It's important to understand that as Frank states that once one has filed an I-129f it's unlikely and unwise to attempt a tourist visa. Also, strong ties are often difficult to show, especially when they aren't really there.... Edited February 28, 2006 by ShaQuaNew (see edit history) Link to comment
Dan R Posted February 28, 2006 Report Share Posted February 28, 2006 Related questions: 1. I thought it was nearly impossible for a Chinese national to come to the U.S. on a purely tourist visa (e.g., without business or study reasons). Is that not true? 2. I have submitted my I-129F already. Would that prevent my SO from getting a tourist visa to, say, Hawaii (which is kind of, sort of halfway between us)? Thanks in advance.194261[/snapback]If there is already a I-129 filed it would be much harder to prove there was no intent to marry when the tourist visa was applied for. The key to the whole issue asked about is proof of intent. Usually this would mean proving you did not know each other or were unable to marry at the time the visa was applied for. This has been done and continues to be done. It is basicly a legal loophole based on proof of intent. It must be able to be proven satisfactorily to overcome the presumption that the visa was applied for as a ruse to marry and immigrate. The person must prove they did not intend to immigrate at the time or to marry this individual. Overstay can be overcome as long as you can prove beyond a reasonible doubt that you did not intend to marry or take the job at the time. This is easily done by showing you did not meet the person until arriving in the U.S. or that you were offered an irresistable job requiring your skill. Link to comment
rosyanne Posted February 28, 2006 Report Share Posted February 28, 2006 She has to get a tourism visa first, right?I don't think it is any easier than marriage visa then why not just getting marriage here or use K1 visa? Link to comment
tonado Posted February 28, 2006 Report Share Posted February 28, 2006 It is perfectly legal for an alien to come to the US on a tourist visa, marry a US citizen, file for AOS and get a green card. The issue is then intent upon entry. If it was to get married and stay, this amounts to fraud. However, as long as some times passes before the marriage, the presumption of fraudulent intent diminishes. As DavidZ said, I don't recall hearing of any that weren't successful - even if they married in the first week. Also, overstay is 'forgiven' when married to a US citizen.194257[/snapback]Yes, it is legal. However, getting a tourist visa for a single woman is almost impossible. Link to comment
david_dawei Posted March 1, 2006 Report Share Posted March 1, 2006 and the last part of this theoretical, "can I get married.." is that once married, they file for adjustment of status, and she MUST NOT leave the US till she is issued the greencard.. Link to comment
canrun Posted March 1, 2006 Author Report Share Posted March 1, 2006 Thanks everyone! My friend has lived WITH his S.O. HERE IN CHINA for the last four years. For some reason he wants to marrry her IN the U.S. So...yes...the intention is there to get married WHILE in the U.S. Not sure why he doesn't want to do it here. Anyhow...he says he'll be able to get married in the U.S. this August when he travels there with his S.O. on a tourist visa. They will then return to China. I say he's gonna have BIG problems. I'm thinking he's gonna own me that Pi Jiu! Thanks! Aaron Link to comment
david_dawei Posted March 1, 2006 Report Share Posted March 1, 2006 I think this hole he is digging is getting deeper by the post ! If they come on a tourist visa, get married, and then return to china prior to doing any adjustment of status.. she might well have problems down the road in adjusting status (immigrating)... At the visa (can you see GUZ drooling on this case) and AOS steps, it will all depend on how much scruntiny they apply to the her previous tourist visa and [intent to] marriage. Marrying a US citizen implies some intent to immigrate.. and this is not compatible with a non-immigrant visa (as others have said, this is visa fraud). If they even breath a sigh of intent, it's all over... Her return to china at least shows she was not intending to immigrate immediately (ie: she returns to her country as her visa requires her to do)... Link to comment
zhuhaijon Posted March 2, 2006 Report Share Posted March 2, 2006 Hold the phone, I'm not buying all this doom and gloom drama. U.S. citizen A takes Chinese citizen B on a short trip to America. Since its already been established that its next to impossible to get a tourist visa for a wife (because being married implies intent to immigrate) if they have any hope of going for a holiday it has to be before they are married. While there they decide to get hitched. They return to their home (complete with big-ass mortgage) in China after the trip. Then a year or two down the line they decide they don't want to raise their kids in a totalitarian country, so back to the good ol' USA. At this point your saying that the consulate is going to throw up roadblocks because they got married in the states on a tourist visa? Link to comment
Randy W Posted March 2, 2006 Report Share Posted March 2, 2006 (edited) There is a strong tendency here to "put ourselves in the Visa Officer's shoes", and end up interpreting immigration law in the process. By acquiring a tourist visa, using it, getting married, and returning before the visa expires, I don't think you have misrepresented yourself anywhere. Consult an immigration attorney, but realize also that both the visa interview and the AOS interview are very subjective and open to the interpretation of the interviewing officer. It might be best to wait. Edited March 2, 2006 by Randy W (see edit history) Link to comment
canrun Posted March 2, 2006 Author Report Share Posted March 2, 2006 An American CAN come here on a tourist visa and get married? I thought a residence permit was necessary for the certificate. But two Americans CANNOT get married in China, if I understand this correctly. Right? Boy, this is ALL getting confusing! Guess my Pi Liu for Zhuhai Jon has to be put on hold...Aaron Link to comment
canrun Posted March 2, 2006 Author Report Share Posted March 2, 2006 From the consulate in GZ : "The American partner to a marriage in China will generally be asked to submit the following: a current passport a Chinese residence permit" among other things... Guessing he's not gonna get that resident permit on a tourist visa, now is he... Link to comment
david_dawei Posted March 2, 2006 Report Share Posted March 2, 2006 From the consulate in GZ : "The American partner to a marriage in China will generally be asked to submit the following: a current passport a Chinese residence permit" among other things... Guessing he's not gonna get that resident permit on a tourist visa, now is he...194956[/snapback]See the DCF & HK FAQ:http://candleforlove.com/forums/index.php?showtopic=11293 Last section is on 'how to marry in china'. --- No residence permit needed.. you'll see lots of member experiences described and how to do it... Link to comment
wpc76180 Posted March 3, 2006 Report Share Posted March 3, 2006 From the consulate in GZ : "The American partner to a marriage in China will generally be asked to submit the following: a current passport a Chinese residence permit" among other things... Guessing he's not gonna get that resident permit on a tourist visa, now is he...194956[/snapback]I got married in Beijing and all I brought was: 1) translated, notarized and authenticated Single status certificate 2) my passport 3) a photo of my wife and I 4) 9 RMB Link to comment
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