Visiting the US, Living in China...

[geyahui]

Hi all,

 

So I am currently engaged to a Chinese woman; we're living together in Beijing. In the simplest terms, what I want is for her to be able to visit my home and meet my family, and then return to China where she and I both live and work. (Yes, we could meet my family in some third country, but I want her to see my home, and see what the US is like, which seems reasonable to me).

 

Obviously, the easiest way to do that would be a tourist visa, but she applied twice and couldn't get one. Aside from my aversion to throwing money away, I'm disinclined to apply again at least for a while -- the workers there treated her horribly, didn't look at any of the documentation she had provided, and basically just rejected her on sight. We had prepared evidence of family, social, and economic ties, but the embassy worker didn't look at any of it. A very common occurrence, from what I've told.

 

Anyway, I was considering the K-1 visa. I know that the visa exists for couples who are living in two different countries, and that generally after getting married in the US, one stays and begins to process a green card or whatever. If you don't get married, you have to leave after 90 days. What I'm not clear on (and what no one can seem to tell me for certain) is whether it's still possible (or advisable) to apply for a K-1 visa anyway, and whether it's legal to get married and then NOT process any kind of immigrant paperwork and return to China. I also want to know, if that is possible, how would it potentially affect future applications for an immigration visa. We don't want to move back to the US now, but we probably will at some point in the future.

 

The only other option, as I understand it, would be to get married in China, and then apply for a tourist visa again and hope/pray that she somehow gets an "interviewer" who has a soul this time around. Some people have told me that's the best plan, but others have said it's much worse because once we're married they have (more) reason to suspect that she wants to immigrate illegally. Since nothing else about her status will have changed (she has a full-time job, but that was true when she applied before as well, and she doesn't own property or anything), I'm a little skeptical that would work.

 

Still, I'm pretty much at my wit's end here. All we want to do is VISIT, yet it appears that's practically impossible. I wish there were some way for my family to assume legal responsibility for her return to China at the end of her visa, but as far as I know that doesn't exist, and I don't think my wallet or my fiancee's psyche can stand up to many more rejected tourist visa applications, especially if the consulate workers insist on being such assholes.

 

 

 

 

One more request: Not to be rude, but if your reply to this post is going to be "You should just move to America and have her immigrate," please just don't bother to reply. For some reason when I ask this question, people always say that, and while I'm sure that's easier from a visa standpoint, we both have jobs we really like in China, and neither of these jobs exists in the US.

Edited May 30, 2011 by geyahui (see edit history)

[Randy W]

Yes, the K-1 will work. There IS no requirement that she file for AOS - just that she leave the country within 90 days if she does not.

 

The only sticking point is that you will have to declare your intention to get married within the 90 days. So if you don't, that could work against future visa applications (which the chances are poor anyway). If you do get married, however, then you are using the K-1 for exactly it's stated purpose - to marry a foreign fiance in the U.S.

 

If she stays LONGER than the 90 days, the overstay is forgiven IF she applies for AOS - but it is NOT forgiven if she leaves without applying for AOS.

Edited May 30, 2011 by Randy W (see edit history)

[david_dawei]

I think I follow what your trying to do: use whatever means possible to allow her a 'visit' to the US. I think as Randy points out you could use the K1 to get her to the US and better to marry so the visa is used appropriately, then just go back to china. While you could do the same by marrying in china and then apply for an immigration visa, you ultimately want to stay in china and so that probably does not work out since you would need to go to the US about every 6-8 months to keep that status. Although you could use it to go to the US one time and then return to china. By staying out of the country too long, they could deny her entry later. Often the first long stay is given a warning but I suspect if not too long.

 

The only issue I see with the K1 is whether question why after so many years together you guys did not marry in china. And then at the interview time, she may get caught up in trying to explain the scenario you guys are using the K1 for, which just might not sit well with the wrong VO.

 

I would personally give up on the tourist visa attempt now; your rejections are expected and customary. She could try to get on a chinese guided tour to the US and build up showing her returning to china; then try a individual tourist visa later.

 

Don't let this issue be too much angst to you guys. While it might be nice if she could see the US and where you live, it's not critical to your happiness but can contribute to your stress. I would hate to see you try the K1 and having gone through that year process get a VO who won't understand why you have not married and then makes this difficult too. For this reason, if it were me, I might just marry in China and then wait about 2 years to apply for the visa at which time she would get the 10 year green card and you guys could visit a few times and figure out if it's worth trying to keep it's status by visiting at certain times. If you married and then waited two years to apply, I can't see them giving you any issues other than you need to continue to show domicile and US residency proof (filing taxes, home to live in, etc).

[Beachey]

I believe Kyle and Dante3rd both were successful getting visitor visa's for their wives after about a year of marriage. I am not sure when your timeframe for getting married is but I would think about applying then.

 

I would maybe try to contact them to see what they presented as compelling evidence that both of them would return to China.

[dnoblett]

I believe Kyle and Dante3rd both were successful getting visitor visa's for their wives after about a year of marriage. I am not sure when your timeframe for getting married is but I would think about applying then.

 

I would maybe try to contact them to see what they presented as compelling evidence that both of them would return to China.

 

In Kyle's case his wife was able to get a visit visa prior to marriage and demonstrating proper use of visit visa were able to get visit visas after marriage.

 

I believe they placed assets in bank and had frozen for period of trip as proof of no intent to immigrate.

[dnoblett]

One note marriage first then file I-130 DCF would be much quicker than a K1 filing however will cost more in fees considering that there is no plan to adjust status in the states.

 

However in either case will be paying extra $$ to USCIS for an immigrant petition medical.

 

One other point US citizen filing either petition will have to show US domicile to provide affidavit of support for the immigrant intent visa.

[david_dawei]

One note marriage first then file I-130 DCF would be much quicker than a K1 filing however will cost more in fees considering that there is no plan to adjust status in the states.

That's why I said I would wait 2 years to file [DCF], but means you can really file around 1 year since the process will take a few months and then you get 6 months to leave. You are doing consular adjustment that way and get the 10 year GC. One can invite the family to come to china for a wedding party, etc. It buys time.

[geyahui]

@dnoblett, could you explain that more? I'm sort of new to this whole nightmare and not entirely sure what you're talking about....

 

Anyway, I think we're going to try for the fiancee visa, it seems like people think that would be an OK option....unless getting married and filing for immigration is better?

 

If we did get married and file for the immigrant visa or green card or whatever, how does that work? And how often/for how long would she be allowed to return to China in the first couple years?

[dnoblett]

@dnoblett, could you explain that more? I'm sort of new to this whole nightmare and not entirely sure what you're talking about....

 

Anyway, I think we're going to try for the fiancee visa, it seems like people think that would be an OK option....unless getting married and filing for immigration is better?

 

If we did get married and file for the immigrant visa or green card or whatever, how does that work? And how often/for how long would she be allowed to return to China in the first couple years?

 

Well for the two processes.

 

K-1 involves mailing an I-129F peptition to USCIS in the USA and waiting perhaps up to 5 months for approval, and another 2-4 months for it to make it's way to the US Consulate in the country of residence. Costs will be $340 for the I-129F petition, and another $350 for the visa, and other misc costs such as a medical exam prior to visa issuance.

 

DCF involves marriage first and then filing an I-130 at the US Embassy Beijing, or US Consulate in Guangzhou, you will actually be dealing with the USCIS (DHS) office located in Beijing or Guangzhou, and ultimately interviewing in Guangzhou. As Randy indicated perhaps marriage first and then file the petition a year or more after marriage, timing it so that the visa is used after 2 years of marriage, this will result in a 10 year green-card without any further dealings with USCIS, if entry is less than 2 years after marriage, you will get a 2 year conditional card, with added costs involved at 2 years of residency to remove the conditions.

 

As for time out of the USA, no limit on number of trips, however, should limit it to less than 6 months, and also limit the amount of time away per year to 6 months or so, if spending excessive amounts of time outside the USA, USCIS can easily consider the green-card revoked.