A Visa Puzzler

[Xu And Wang]

Hi everyone, new poster here. I was curious if anyone could offer a suggestion on the current situation with me and my future wife.

 

I am working in Beijing, and we are planning on applying for a marriage visa through Direct Consular Filing at the Beijing office next year. We applied in October for a tourist visa to the U.S. for her so she could visit my family over the holidays. She passed her interview with flying colors, and will be making her first trip to the States this Thursday.

 

Her B1/B2 multiple entry visa was issued on October 10, 2007 for one year validity. We are planning on starting the marriage registration and U.S. visa process next May-June or so, and I will move back to the US a few months later for an upcoming job prospect for me. Based on some of the timelines I've seen here, it seems that it will take about a year or so (maybe less) for everything to work itself out so she can join me to live.

 

During the time that her Immigrant visa is getting processed, I would hope that she could still come visit me while I am living in the US and she is in China. I know that US B1/B2 visas, once received, can be easily renewed for another 12 months with no interview at any time it is still valid, as long as there hasn't been any big change in status. My question is this: if we were to apply to renew her tourist visa in, say April next year for 12 months, before our registration and starting the US visa process, would that set off any red flags for our future married visa petition? Would the visa authorities care about that and think its a cheap shot?

 

Any comments are welcome. Thanks!

-Ryan

[lostinblue]

Hi everyone, new poster here. I was curious if anyone could offer a suggestion on the current situation with me and my future wife.

 

I am working in Beijing, and we are planning on applying for a marriage visa through Direct Consular Filing at the Beijing office next year. We applied in October for a tourist visa to the U.S. for her so she could visit my family over the holidays. She passed her interview with flying colors, and will be making her first trip to the States this Thursday.

 

Her B1/B2 multiple entry visa was issued on October 10, 2007 for one year validity. We are planning on starting the marriage registration and U.S. visa process next May-June or so, and I will move back to the US a few months later for an upcoming job prospect for me. Based on some of the timelines I've seen here, it seems that it will take about a year or so (maybe less) for everything to work itself out so she can join me to live.

 

During the time that her Immigrant visa is getting processed, I would hope that she could still come visit me while I am living in the US and she is in China. I know that US B1/B2 visas, once received, can be easily renewed for another 12 months with no interview at any time it is still valid, as long as there hasn't been any big change in status. My question is this: if we were to apply to renew her tourist visa in, say April next year for 12 months, before our registration and starting the US visa process, would that set off any red flags for our future married visa petition? Would the visa authorities care about that and think its a cheap shot?

 

Any comments are welcome. Thanks!

-Ryan

In the past I had an exgirlfriend that lived in Canada and our attorney advised that if she crossed the border never to say anything about having a fiance here in the states.Just say reason for entering is a vacation. The risk of being turned away at the border was great if they thought a possible marriage was in the works.

[Guest Rob & Jin]

Depends on the IO at POE, they might allow or not, it seems like a crap shoot.

[david_dawei]

maybe someone here will recall this.. but I thought someone had a somewhat similar situation.. married while on a B1 (or was it an H1)... and I thought the policy was that the marriage basically voids the visa (??).

 

It's very hard to know what they will do once they check her background and find she has a B1... If POE knew she was married and had this, I wouldn't bet on them allowing her in. WHY? Because she can file AOS in the US without returning home. The timing of such a visit could put this concern in anyone who realizes the situation.

[Xu And Wang]

Hey, thanks for the replies! I appreciate the experiences. Just to recap:

 

She currently has a B1/B2 visa, valid 10/2007-10/2008. We are planning on getting married in China next summer.

 

Probably suspicious to try and renew her B1/B2 before we get married, or even for her to try and enter the US on her B1/B2 after we get married.

 

On the other hand, she's already got a tourist visa, not difficult to renew...a possibility of adjusting status while in the US if we get married here... sounds like another possibility. Lot of food for thought. Thanks a lot!

[annapolise]

hi,

suggest you go to see a attorney, basicaly she can stay here, i have a good immigration service inc, who had my case with no problem, same as your situation.

you may write them at AmericanStarVisa@yahoo.com

bye

[annapolise]

By the way, i believe when she landed in USA, they would give her a small white card I-94, that would be the real valid time she can stay. pay attention to that card, very important.

[rogerinca]

maybe someone here will recall this.. but I thought someone had a somewhat similar situation.. married while on a B1 (or was it an H1)... and I thought the policy was that the marriage basically voids the visa (??).

It's very hard to know what they will do once they check her background and find she has a B1... If POE knew she was married and had this, I wouldn't bet on them allowing her in. WHY? Because she can file AOS in the US without returning home. The timing of such a visit could put this concern in anyone who realizes the situation.

 

 

 

David, I have the same recollection as you do !!

 

In all of my reading here and at VJ, once they are married and/or once a petition is filed, she would no longer be eligible for the Tourism visa.

 

Moreover, for a younger, single, female Chinese citizen, to even be approved for a Tourist visa, is something that is in the 99th percentile of approval, let alone, one who has a BF and or fiancee here in the US.

 

There are however, many who can come here on student and some legitimate business visas.

 

As I said in another thread; if this were an easy proposition, we would all have our Lao Po and or fiancee here with us right now.