Applying for a B2 visa after marraige with US Citizen?

[reliable]

Hello everyone at CFL. I am new here, but have done a lot of reading and learning here.

I could not find my situation here in the forums, and would like to ask a few questions regarding the B2 visa, plus your opinions.

I am a born American citizen, and have been happily married to my wife (Chinese), for nearly 4 years now. We have been together for about 8 years here in China. We also have our amazing 19 month old daughter which whom is also a Chinese citizen at the moment but not for long. We have to register her birth before she can go abroad, and have up to 18 years of age to do that luckily : ) Hers a link for anyone who is interested in how to do this. http://shenyang.usembassy-china.org.cn/birth.html

OUR PLAN

I really would like to bring my lovely daughter and wife to America this year to visit my family for the first time. I want my wife & daughter to get an improvement in English, and get to know and love my family.

We are trying to avoid the I-130, since we do not want to immigrate, to the United States, any time soon. Our goal is to get a B2 tourist visa for my wife. Reasons why we want to avoid the I-130, is because of all the time and hell it takes to process... Also our daughter can get a free ticket since she is not 2 years old yet. Most importantly we are happy in China, and we do not want to immigrate to America. (Especially my wife)! Convincing the VO's that we truly do not want to immigrate to the US is the issue...

THE DOWNFALLS

My wife doesn't have strong ties in China : (

My wife had applied for the B2 tourist visa, about 6 years ago. At that time we were not married and just started dating. I do know why she was denied. Failure to convince the consulate officer, that she will be coming back to China. HAHA we were quite young and totally went unprepared. Will this have any negative affects for her when she applies again? I am afraid it might now that she has an American daughter and husband. (Although I have heard different thoughts about this today at the Consulate in Shenyang which I will mention below)

HER TIES

1- My wife is an Elementary school teacher here in Siping City Jilin Province. Her major was music, but now is teaching English.

2- We do have a house, which is under her name.

3- She does have a frozen bank account with Bank of Jilin, which is supposed to accumulate interest. Similar to a CD. She has several bank accounts, but all worth an estimate of 15-20k RMB

4- Very supportive family and friends.

5- Needless to say She loves her country and loves living here. (if only we can prove that to the VO's)

My wife really doesn't have any other ties that I think would be a positive when applying for a B2 visa. (apart from the 5 mentioned above).

I guess I'm not really looking for any answers kinda. I am mainly looking for opinions/insight from anyone who has read this topic or had the same situation as me.

What do you think her chances of getting a B2 visa to the US would be having these 5 little ties, and being married to an American citizen?

Do you all think I will be finding myself petitioning for her in GUZ, in the very near future because she just might get denied again?

Anyways b4 I wrap it up I would like to tell you a little bit about my experience at the American Consulate in Shenyang today. I went to the Visa Inquiry Hour service, which is held at the Shenyang consulate from 4Pm - 5pm on Thursdays. Hers a link for anyone who is intersted about this service. (its near the bottom of the page) http://shenyang.usembassy-china.org.cn/service.html

I went and pretty much asked for guidance, on what I should do for my wife in my situation. I also was trying to get an opinion from them to see whether or not she would be granted a B2 visa, after telling my situation and my family's intentions to the states. (Failed on the opinion part) , but they did tell me it's def worth a shot going for the B2 tourist visa. She said that my wife applying for a visa 6 years ago, and has never tried to get to the united states until after being married for 4 years may be a big help. Other than that they told me everything else I already knew. (thanks to CFL for all the knowledge) The women also told me I knew a lot about preparing for the visa, and complimented me saying I know how to do my homework right. (Again thanks to CFL)!!!
Anyways that being all said, My wife and I are starting to build a little confidence on getting the B2 tourist visa and decided to give it another shot. God forbid if we do fail again, I will have no choice but to apply for I-130 which I really don't want to do. But if it's the only way for my wife and daughter to meet my family, than I will have no choice.

One last thing. At the visa inquiry hour, there was another person who was Chinese with an American passport. She wanted to find out information like me, for getting her mother a B2 visa to America. Anyways she came out after me in less than 5 min from the consulate and told me they that they said for her to search the internet. She seemed quite disappointed. I chatted with the nice consulate lady for 20 minutes about my issue...

If anyone has any questions about the Visa Inquiry thing, or anything else please feel free to ask me.

Thanks to everyone here at CFL for reading, and a bigger thanks in advance to anyone who replies with their opinions and advice.

Peace~

[dnoblett]

This is a fairly regular topic.

 

Yes can be tricky, however not impossible, you may show that you have strong ties to China as in JOB. If you can provide documentation that you are visiting the USA for a vacation and have to return to China for your work they may consider this.

[reliable]

This is a fairly regular topic.

 

Yes can be tricky, however not impossible, you may show that you have strong ties to China as in JOB. If you can provide documentation that you are visiting the USA for a vacation and have to return to China for your work they may consider this.

Yea that is going to be a problem at the moment for me then since I am not employed. I was taking this unemployment a good reason to fly back to the states with my family, cause of the free time. Guess I'm wrong lol! No worries then. I will get another job immediately if its going to help my family get to the US. I just hope being a TEFL teacher will be considered a decent job in China for the Vo's! I wanted to be lazy for a half year haha.

 

Thanks for the tip!

[samsong]

Just go for it! B2 visas seem to be easier to get these days than they were 6 years ago. I was surprised to see how easier they are to get. My wife tried for a B2 in Shanghai only to be denied. But back in those days, they were near impossible to get. That was 8 years ago. But now, they seem to not be so hard to get. My wife's mother got her B2 with no problem several months ago. I was surprised to see how easy it was for her to get it. I just remember how hard it used to be to get a B2, but I guess things have lightened up, which is a good thing.

Again, just go for it and hope for the best. Her chances sound good. I can't guarantee anything, of course, but give it another try. You'll never know until you do. Good Luck!...

[reliable]

Just go for it! B2 visas seem to be easier to get these days than they were 6 years ago. I was surprised to see how easier they are to get. My wife tried for a B2 in Shanghai only to be denied. But back in those days, they were near impossible to get. That was 8 years ago. But now, they seem to not be so hard to get. My wife's mother got her B2 with no problem several months ago. I was surprised to see how easy it was for her to get it. I just remember how hard it used to be to get a B2, but I guess things have lightened up, which is a good thing.

Again, just go for it and hope for the best. Her chances sound good. I can't guarantee anything, of course, but give it another try. You'll never know until you do. Good Luck!...

Thanks for replying. My confidence meter is rising now.

 

I am interested though if your wife's ties compared to my wife? I do realize Shanghai, is a much more developed city with a much better economy, so I am assuming her ties must of been better. Jilin Siping, on the other hand is probably considered China's, 3rd poorest province, and may be a downfall for most Chinese citizen's applying for a tourist visa if they are from Jilin Province.

Edited March 11, 2010 by reliable (see edit history)

[Kyle]

My wife had two B-2 visas after our marriage. Her first B-2 visa was before our marriage. After honoring the terms of the first visa, following visas are easier to obtain. You can look at my time-line for specific details

 

If you have a job in China (contract) proving that you (the USC) will indeed return with her, then I think it will go a long way in convincing the VO she's not a flight risk.

 

Reasons why we want to avoid the I-130, is because of all the time and hell it takes to process

 

Your other reasons are fine, but in your case, you'd probably file directly with the consulate as we did (assuming your in China under a permanent resident). Time wise, it wasn't that long - only three months for us (from filing the I-130 to the interview).

[reliable]

My wife had two B-2 visas after our marriage. Her first B-2 visa was before our marriage. After honoring the terms of the first visa, following visas are easier to obtain. You can look at my time-line for specific details

 

If you have a job in China (contract) proving that you (the USC) will indeed return with her, then I think it will go a long way in convincing the VO she's not a flight risk.

 

(Yes I will definitely look into doing this)

 

Reasons why we want to avoid the I-130, is because of all the time and hell it takes to process

 

Your other reasons are fine, but in your case, you'd probably file directly with the consulate as we did (assuming your in China under a permanent resident). Time wise, it wasn't that long - only three months for us (from filing the I-130 to the interview).

Yea I am not 100% sure if the Shenyang consulate could allow us to file for the I-130. I thought that only took place in GUZ? Also I was afraid to ask when I was at the "Visa Inquiry Hour", yesterday. It may look as if we are trying to immigrate to the US, and be bad for my wife when she applies for the B2 visa. But hell yea by all means, if the I-130 processing could be half done in Shenyang, I would def do it.

 

Anyone know if I can file for the I-130 at the Shenyang consulate? I couldn't find anything on their website. Actually, does anyone know if I can file for the I-130 at any consulate or Embassy closer to Jilin Province, such as Beijing?

[Randy W]

 

Anyone know if I can file for the I-130 at the Shenyang consulate? I couldn't find anything on their website. Actually, does anyone know if I can file for the I-130 at any consulate or Embassy closer to Jilin Province, such as Beijing?

 

 

You must file the I-130 at the USCIS office - either Beijing or GUZ only. I believe you are in the Beijing office's district.

 

If it's more convenient, check with your local consulate to see if they will accept the application and forward it to Beijing (or GUZ) for you.

[b.c]

I have it on good word directly from a former american consulate worker in China that 95% of B2's are being approved at this time. The reason is to help with tourism and economy. I have full confidence in my source.

[reliable]

I have it on good word directly from a former american consulate worker in China that 95% of B2's are being approved at this time. The reason is to help with tourism and economy. I have full confidence in my source.

I think I have found my answer on where to petition.

 

Below is what I have just read at the US Embassy in Beijing web site.

 

Immediate Relative Immigrant Petitions (Form I-130): Link below for any who is interested

http://beijing.usembassy-china.org.cn/homeland_security.html

 

 

U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in SHENYANG, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation.

 

Please note that in China, immigrant visas are only issued at the American Consulate General in Guangzhou. Therefore, unless otherwise requested, all approved immediate relative petitions are forwarded to Guangzhou for further processing.

 

Now correct me I am wrong, but does this mean I can deal with the whole process pretty much from the Shenyang consulate? Pretty much saving me trips to GUZ, Beijing, and the US? If so I might as well go for it instead of the B2. It may be better in the long run for us to do this.

[Randy W]

I have it on good word directly from a former american consulate worker in China that 95% of B2's are being approved at this time. The reason is to help with tourism and economy. I have full confidence in my source.

I think I have found my answer on where to petition.

 

Below is what I have just read at the US Embassy in Beijing web site.

 

Immediate Relative Immigrant Petitions (Form I-130): Link below for any who is interested

http://beijing.usembassy-china.org.cn/homeland_security.html

 

 

U.S. Citizens with proof of residency in China may file an Immediate Relative Petition (Form I-130) by making an appointment to come in to the office during Window hours.

 

U.S. Citizens with proof of residency in China, residing outside of the Beijing or Guangzhou Consular Districts, may file at the American Consulates General in SHENYANG, Shanghai, or Chengdu. The Beijing Office may contact petitioners and /or applicants to request personal appearances for an interview or to request additional documentation.

 

. . .

 

Now correct me I am wrong, but does this mean I can deal with the whole process pretty much from the Shenyang consulate? Pretty much saving me trips to GUZ, Beijing, and the US? If so I might as well go for it instead of the B2. It may be better in the long run for us to do this.

 

 

I believe those consulates will ACCEPT your application and simply forward it to Beijing for processing at the USCIS office.

 

USCIS Sub-Offices in China:

 

USCIS has overseas offices abroad which provide limited services to U.S. Citizens, permanent residents of the U.S. and certain other persons who are visiting or residing outside the United States who need assistance in immigration matters. These services include: Abandonment of Alien Status as a Lawful Permanent Resident, Adoptions, Immediate Relative Immigrant Petitions, Transportation Boarding Letters, etc. Click on the following USCIS sub-offices in China for details of the services they provide.

 

Beijing Sub-Office

 

Guangzhou Sub-Office

 

Hong Kong Sub-Office

Edited March 12, 2010 by Randy W (see edit history)

[shenzhen]

My wife had two B-2 visas after our marriage. Her first B-2 visa was before our marriage. After honoring the terms of the first visa, following visas are easier to obtain. You can look at my time-line for specific details

 

If you have a job in China (contract) proving that you (the USC) will indeed return with her, then I think it will go a long way in convincing the VO she's not a flight risk.

Reasons why we want to avoid the I-130, is because of all the time and hell it takes to process

 

Your other reasons are fine, but in your case, you'd probably file directly with the consulate as we did (assuming your in China under a permanent resident). Time wise, it wasn't that long - only three months for us (from filing the I-130 to the interview).

I would try for the B2 visa especially in light of BCCO's comments about approving them due to current economic conditions in USA.

 

However I will say that we were denied (1.5 yr ago) for a B2 visa even though I am on a long term expat assignment here in China. I hope this has changed. At the time I could not beleive that my govt. would not allow me to bring my wife over just to visit my country and family.

 

We got our Immigrant Visa with no problem. In our case the B2 visa was probably denied because (1) we were recently married and (2) we had just applied for the Immigrant visa also. In your case you do not have these two strikes against you.

[reliable]

Ok sweet! Ill most likely go ahead and petition then. Going to Beijing a couple of times would be great also, since my wife has relatives there. Going to GUZ would be NOT FUN. I really do want to thanks Kyle and Randy W, for giving me the idea that I can even petition closer than GUZ. I am pretty dumb sometimes and fail to do my research once in while. The Shenyang website gave no information about this. When I start ill def keep everyone posted on how it goes.

 

Thanks again

Edited March 12, 2010 by reliable (see edit history)

[reliable]

Affidavit of Support:

 

I am sensing I will have another problem, if I were to start the I-130 process.

 

As I said I am currently unemployed, and obviously do not make enough income at the moment to pass 125% poverty line. Even If I were employed, in China I still cannot pass the 125% poverty line.

 

My question is that do I still have hope using a co sponsor? I have a very supportive family which definitely passes the 125% poverty line.

If not what other option could I take?

 

Another thing I do have is Annuity payments from a settlement that I have coming to me by next year in Dec. The payments last for 15 years straight monthly. The periodical payments start at 1k usd though, and increases dramatically after 5 years of beginning payments. Could this be used to help me out with the Affidavit of Support?

 

My wife, and I, do have property in China. The property of course is in spouses name. Would this have any positive affect on the Affidavit of Support?

 

Finding a job in the United States that will pass the 125% poverty line, will not be an issue for me. I am assuming that wouldn't matter much on the Affidavit of Support since I will not have a job during filing.

 

Also showing how much money I have in my bank account's will not be helpful in anyway when proving Affidavit of Support?

Edited March 12, 2010 by reliable (see edit history)

[Kyle]

My question is that do I still have hope using a co sponsor? I have a very supportive family which definitely passes the 125% poverty line.

Most Americans working in China will have difficulty in surpassing the 125 mark on their own (based on Chinese salaries). Most use a joint sponsor - we did and everything went fine.

 

You'll have to fill out an I-864 as well as whoever will be your wife's joint sponsor (two separate I-864 forms).

 

I suspect that if your annuity payments aren't in effect at the time of her interview, you'll be unable to document these payments on your I-864.

 

During our interview, our joint sponsor wrote a detailed letter explaining his finances as well as a few bank statements to clarify any questions the VO might have. The consulate worker who handled the initial paperwork before my wife's interview took it and added it to her file.

 

That's probably what I'd do in your case. I would bring documentation of your settlement and provide it at the time of your wife's interview (perhaps, and even better, you could turn it in with your I-130 petition). I, however, am getting off the subject.

 

Simply put, YES you can successfully use a family member as a joint sponsor to bring you over the 125 mark.

Edited March 12, 2010 by Kyle (see edit history)